them plays a little bit. >> jon: especially the green guy. thanks for joining us. >> jenna: america live starts right now. >> megyn: fox news alert. on white house effort to escape some of the five different political controversies burning through washington right now. welcome to america live. i'm megyn kelly. just a short time ago we learned new details about a very unusual series of off the record surprise meetings between the president and some of the country's top reporters. latest was just two days ago. these reporters were originally told they were meeting with white house staff in a run of the mill background off the record briefing but then in an unusual move, president obama personally made a surprise appearance. that is where the story gets interesting. chris is our digital politics editor. so he almost never does

this, we're told. yet these background briefings happened between white house staff and reporters fairly frequently. you tell me whether it's any accident. we're told it's happened twice now, with a group of print reporters and once with a group of tv reporters. he just happens to pop by. it's just counsels dented a.m. it happens in the midst -- coincidental and we had benghazi and holder talking the a.p. and we have the nsa surveiling the american people and now the state department, so that is five. we have the state department allegedly covering up criminal misbehavior, potential criminal his behavior. and suddenly, president goes hi! >> did you do the one about kathleen sebelius trying to raise money from people who she supposed to regulated?

>> megyn: he is the luckiest person in washington because that has gotten very little air time. >> it's not been a super spring and early summer for the administration. i think that those five, six, seven things, i think that gets you there. president, though, we don't know what he said in these meetings because they were agreed to as off the record sessions. then the president popped in, a pop-by. they were already off the record. what are you going to do. peter benker from the "new york times" told the people at buzz feed, he characterized it but wasn't able to get into the details but we're left with the thought that you probably got from the president is what you generally get in the white house press briefings or had been getting in the white house press briefings after they talked into apocalypse now, how dare you people be so focused on

unimportant issues when we are trying to fill in the blank. whatever you prefer, immigration reform, green energy stimulus jobs, what the president wants to be talking about. for something his a long time. you shame reporters, don't take these right wing, fox news talking points. you need to be focusing on what matters which is climate change or whatever. >> megyn: that must have been awkward for ed behind ri. [ laughter ] >> megyn: we are being told this is off the record. so the reporter is not allowed to say what president obama said to them. we have heard a couple come out and suggest that one of the goals from the administration was clear. that was to put some distance between president barack obama and these scandals. say what you will, state department, holder, state department again, but not

me. remember that in your reporting. that is my editorializing at the end. >> if you remember the joke about his convention speech from 2012, yes, we can turned into no, we can't. the idea now that we look at everything it's really hard and complicated and don't blame me for the fact that i'm not delivering on the things. we do have to temper one's civil liberties to protect the nation from terrorism. sorry about transparency and sorry about accountability. generally the defense is lament. it says we wanted it to be better but the government is too big, too broken. country is too politically divided. we're just doing the best we can, cut us some slack. >> megyn: that is tough case to make when the president that has been expanding government and on the eve of the full implementation of obamacare which is going to be

administered in large part by the irs and large part by kathleen sebelius who at the helm of another scandal the other one we haven't had time to get to. the question is was he meet with a compliant press corps. ed hart they love him. you can't underestimate the power with such a big personality and charisma. that is just true. people can dislike barack obama or his policies as much as they want but there is no question he has a ton of charisma and able to woo people in the room. it was true of george w. bush. and bill clinton is legendary for it. do they bet woo. >> they get the woo on. obama may not be as

personally charming at the other two gentlemen and congratulations to george w. bush has gallup has ahead in approval rating. i think that the president was pitching the woo and there is no doubt that many reporters would be receptive to a certain agree. there was a time you could sell magazines by offering access to barack obama. cbs didn't sell any more dvds about special insight interviews with barack obama. those days are gone for the big press. so now it's like what you get for these guys and as it sinks in and lame duckness is deepened by the scandals. >> ed henry wanted to get called on the press concerns and they ever been referred to the cow eyes. when the woo meets the moo.

[ laughter ] >> no, no,. >> megyn: i tried. thanks, chris. [ laughter ] one of big controversies in washington right now to keep it all straight. like there is five of them now involves questions about the nsa spying on the american people. senate appropriations committee is holding a hearing next hour where there could be pointed question. part of it will be done in privacy. among those testifying is keith alexander. we'll take you there next hour. and comments from former c.i.a. employees -- low level staffer offshoot of nsa the man that leaked. hong kong newspaper says it managed to track down edward snowden. he had been mia after

checking out of a hong kong hotel. paper quoted him as saying he has had several opportunities to leave hong kong, but has decided to stay there. he wants to fight the u.s. government in hong kong court. he has faith in hong kong's rule of law. reportedly told the paper he is neither a traitor for a hero, quote, i'm an american. back here at home. we got these pictures. a little confusing, i don't totally understand them. folks protested new york congressman peter king. yesterday he said he believes we should prosecute not only the leaker but edward snowden but prosecute journalists that receive the leaks and then publish them. the demonstrators held an effigy of the congressman, she traitor and not snowden. in the next hour we'll be

joined by congressman king. >> megyn: police and protestors show no signs of ending the clashes in turkey as the country's prime minister meets with some of the activists today trying to put an end to one of the biggest anti-government uprising there in years. thousands of lawyers storming courthouses across the countries ralling against their support. they are cracking down on the lawyers and they are being detained and treated like criminals ourselves. this is a close ally, president obama hold it up as an islamic nations. now you are talking about holding lawyers up and not being able to able to help

people. and here is police holding a water cannon. levy land? >> good evening, right now about 8:00 p.m. here in istanbul. folks are flooding in by the thousands to taksim square getting ready for another night of protests. police have been able to hold everybody back. we were up 200 yards from this position. hundreds of thousands of riot police. they are armed to the teeth up there. as we saw last night they are not scared of a fight. today, lawyers couple whom i talked to went out and protested against the police. there was a brutal tactic that was involved. how do you call this democracy when you are doing this to people asking for a petition of redress

of grievances. lawyers are incredibly angry. they say very large grievances here, not only the police action but also the larger actions of the prime minister himself. they say he is furnishing this secular country into a islamic state and police tactics are much more symptomatic of a dictatorship. we want to show you how brave of number of protestors they are. they are streaming back here to the park that they had begun to make a campsite out of. they are going to stay here until the prime minister backed down and same street vendors. they have gas masks and also helmets that are going for about $5 apiece. this is what the protestors need to protect themselves from their own government. >> megyn: we'll have much

more later. first, the irs came under targeted and now a class action lawsuit accusing the irs of illegally grabbing millions of private medical records, 10 million americans. they are saying potentially affected by this, one out of every 25 adults may have had their records affected. we'll investigate that charge after the break. after learning they are collecting phone company, we will speak to a company saying the feds cannot spied spy on you. he has helped soldiers in afghanistan protecting their information and now he is trying to do the same for you. plus is america going to solve it for the previous administration. new poll numbers for former president george w. bush. >> whatever challenge has come before us, i will

always believe that our nation's best days lie ahead. god bless. [ applause ] [ cheers and applause ]

extreme weather alert. national storm prediction center issued first high risk warning of the year. it went out to portions overnight. chief meteorologist rick riechmuth has the update. >> they don't happen very often. this the first one. right now things are fairly calm. what we're expecting to see is the started of this event is going to be where we'll see the tornado threat. that is going to around 3:00 in the afternoon to around 8:00. it will be as the storms begin to develop across eastern iowa and northwestern areas. illinois. then those storms are going to congeal in one direct line, a direct, wide area a long area i would say 200

to 300 miles wide. tho those storms will move through chicago and potentially move all night long through the ohio valley. tomorrow the same storm system moves off to the east. we have a moderate risk of severe weather from southern parts of jersey to philadelphia and down to washington, d.c. so two-day event we're going to continue to watch. >> megyn: rick, thank you. more controversy at the irs, it's accused of targeting certain conservative groups and wasting money on taxpayer funded presidential suites. they find itself sued in a class action complaint alleging that it illegally seized the medical records, private medical records of ten million americans with very sensitive information that it is allegedly refusing to return.

joining me is charles payne. ten million americans, one of them in california but nine million others involving more than 60 million medical records? how did they get them? >> they actually had a warrant to search a healthcare provider. a former employee they were investigating but while they were there, 15 irs agents took the liberty. they ended up collecting 60 million records. by the way, while they were there, they sent for pizza and coke. they played the naacp before march madness. they took the liberty to get whatever they wanted. >> so the complaint alleges allowing they to seize certain records. there is a question whether that one allowed them to get that person's medical records. it was supposed to be about financial records but way beyond that says the lawyer

for the class action, "a" they were abuse i have and "b" they seized 10 million records including every stated judge in california may have been affected. every state employee may have been affected. politically controversial members of hollywood screen actors gild. they said they were rude and arrogant. agents won't give the data back? >> they won't give it back. they pleaded with them. it contains situation sexual problems, psychological things. they didn't care. it was complete contempt for the system and contempt for everybody there, argue contempt for prosecution zpleem this is what people worry about. medical records if they are shifted off site and you've got people who we already know that not necessarily entirely trustworthy. as they enjoy their coke and pizza they are going to

peruse gynecological issues for angelina jolie. it's totally inappropriate? >> and dovetailing with all other things we were talking about. can the irs be trust tud with the massive role they play in obamacare. >> megyn: what are they going to be doing. when they enforce obamacare, they can't look at the medical records? >> they said they can't but they do collect a lot of information. information from employers, insurance companies and individuals. they also have to levy fines against employers, levy fines against individuals. they also have to take care of the subsidies at least 18 million americans are going to be subsidized with this. anybody less making $45,000. to give you an illustration they are going to be charge for the last three years

2010-2013 they have $270 million for obamacare. next year they will need $13 billion. i don't know where we're going to get it from. what kind of operation are they going to be running they would go from $270 million a year to $13 billion. people are afraid and legitimately so because of abuse of power. >> megyn: when you see them li that video they don't look like scary people. these are not the actors in question. it could be people. >> i think people look differently when they take their badge off. listen, we know that unless there is more accountability. people need to be really worried. >> megyn: and they are declining comment on the lawsuit. >> breaking news in the case of that little girl desperately needing a lung transplant. she is operating table at

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>>. >> megyn: we got word the last hour that surgeons are operating over the little girl that is trying to get a lung transplant. trace gallagher has more information. >> reporter: you have to allocation scale they use how sick she was in the 90s. she was very close to death. to say this happened in the 11th hour is not an xaj rake the parents got the call at 10:30 last night that she was finally getting a donor lung.

as elated the family is they realize somebody else had to die to give her a chance. mom quoting here, please pray for sara's donor. her hero who has given her the gift of life. the family has experienced a tremendous loss. may god grant them the peace that surpasses understanding. please pray for her and surgical team. she has been in suggesting for about 50 minutes. it could take between six to 12 hours. all the while a machine will act as her heart and lungs. we have just learned she is getting an adult donor lung. lung will have to be modified. a week ago she wasn't eligible for adult lungs and kathleen sebelius would not intervene on behalf but a federal judge did. now the national organ donor network will reevaluated on case by case

basis for the next year. surgery is very dangerous and lounge long as is the road to recovery. if the surgery is successful, her prognosis is very, very good. >> megyn: this is just breaking news. so he is getting one lung and what is the status with the other lung and do we know whether the donor's other lung is being put to good use, as well? >> our understanding she is getting both lungs. so these are adult lungs and have to be cut down to fit her. the doctors at children's hospital said they could do this. they will modify those lungs to fit her and she will have to be on anti-rejection medication for the rest of her life. if they take, she could live and she could live for a very long and normal

life. >> megyn: wow, a chance for sara. that is exactly right. traits, thank you. just let her have access to adult list. children under 12 could not take a donor lung coming from an adult. there are physicians backing that up saying that is true. years ago when they put those guidelines in place they couldn't do it but today we can. there is no word to discriminate with children to accessing donor organs. more adults die every day in this country for various reasons than do children. so if you divide the list like that, it handicaps the children from receiving potential donor organs. we'll continue to follow the case. congress is demanding more information on these reports that the state department under hillary

clinton killed investigations into several sex scamps in recent years. on the surface, the people who are reporting this, self-described whistleblowers say this is cofferup. today we will speak with a former state department senior adviser how evidence being offered and how secretary clinton's team handled it. >> and more delays in the fort hood shooting trial as we get reports about major problems between major nidal hassan and the lawyers assigned to assist in his defense. hear what they are saying about his client. is america growing nostalgic superior the last administration? interesting results of the new poll numbers for george w. bush, next. >> i am also pleased, mr. president, when you are wandering these halts as you wrestle with tough decisions, you will be able

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♪ >> megyn: update from the george zimmerman murder trial. jury selection picked up after a morning recess. they are continue the process to pick a jury. they have been grilling panelingists they need siblings of them and four

alternates in what they know about the unarmed shooting of trayvon martin. goal is to pick six jurors and four alternates and pool of 3500 people. that ought to do it -- we'll see. are americans starting to miss president george w. bush since the started of his second term, a new poll finds more americans have a favorable view of the 43th president than an unfavorable view of him. 49 to 46%. this as president obama's job approval rating has fallen and his trust numbers have plummeted. joining me now is monday car crowley and kerry ten powers. it's not unusual, right, for host presidents to see their numbers go back up. this is guy that was in the 30s in terms of

favorability and other numbers when he left office. look at the resurgence we have seen. >> quite a reversal of fortune. as you point out former presidents do get an after glow after they leave because they are no longer making tough decisions, no longer in the crosshairs and no longer getting pounded both by the opposition and press. so this isn't unusual. what is making a incidents here i think is perspective and context. you mentioned president obama. i think a lot of people take a look at former presidents in relation to the current president. what we see now president obama has retained a lot of president bush's counterterrorism policies, wirelessless wiretapping and a lot of people are coming to the realization that president bush was so bad. he was a good and decent man that did his best. >> megyn: what do you make

of this? >> i make that people like president bush as an ex-president not as a current president. i could say i actually like him as an ex-president. he seems like a nice person. he is doing great things for wounded warriors but i didn't care for him as president. to me that just reflects this. it's not a question do you think with hindsight that he was a good president. >> megyn: we played some of the soundbites, president bush when his portrait was unveiled at the white house and president bush at his library opening. guy a is very charming. whether you like his policies are not. he clearly loves america and talking about the country. the other thing, he has been very respectful of president obama which can only have helped him on the left and right. they have hugely gone up with independents.

>> he has been relatively quiet since he left the white house and he is doing out of respect for president obama. he doesn't want to be another critic. that shows a lot of class. he does things with wounded warriors and he has been quiet and respectful and people really respect that. >> megyn: what do you think of that. biggest increase came with independents. 29% favorable rating. now it's a 46%. he jumped up to 84% with republicans and jumped up with democrats he was at 10% approval with them in january of 2009 and now he at 29%. >> people have fairly high opinions of ex-president and forget about the bad times. they are feeling nostalgic

but my point, respect he paid president obama. >> yes, absolutely, that is something he appreciates and/or ex-presidents that don't necessarily behave that way. i think people like that. i can say i never disliked george bush. it's hard for me to put myself into the category of those people. i didn't think he was a great president. there is a lot to like about him and as an ex-president that is all you really see. >> i also think there somebody in everybody's mind when presidents leave office after four to eight years there is a recognition how difficult the job of presidency really is and how tough it is. especially in this context, i keep going back to the bush counter-terrorism policies because now it looks like given the president obama has retained so many of them,

president bush was ahead of his time and he was right. >> megyn: this poll was taken before the revelation of the spying begin that bush begin and obama continued. look at the job approval rating, this is both men's approval ratings, almost exactly the same. look at that. almost exactly the same within a point of each other. they peaked early and then they come down. it speaks to your point but i want you to comment, you were in the office achtd and the press pounds on you day after day. your approval rating is going to fall, it's just going to. >> yes, it's also going to fall if you aren't doing a good job. at this point bush wasn't very popular because people were souring on some of the policies.

right now obama is not that popular because of the scandals that are making them question the president. those approval ratings is not taking out the champagne for. it has to hurt for obama. >> megyn: do you think this affects the next presidential election in any way? the rights of george w. bush the reconsideration of george w. bush and how great or bad he was. he seems to be going in the right direction. does it change things as we look forward to 2016? >> that is good question. i really don't know the answer to it. there may be some reflection if the numbers go up for president bush. there may be fondness for what he represented. we saw some of this with ronald reagan with george h.w. bush who celebrates his birthday today. what i think what overrides is stated of the economy and what you wanted to see

for america's future. >> megyn: thank you so much. >> coming up new york congressman peter king the targeted of a capitol hill protest -- can you call it a protest? it looks like two people. they seem very upset. they are not the only ones. the reason they are upset with congressman king he is saying he wants to prosecute both the nsa leaker and the journalists who revealed the classified information. congressman king joins us live. plus, many people are outraged that government is looking at our phone information. company says it can hide your calls and messages from spying eyes. they want to help you. grandmother takes action to defend her family and a she says she had no choice but to open fire.

back up [ bleep ]

>>. >> megyn: fox news alert. a hearing is about to start in the senate about cyber security. it may include tough questions about the nsa collecting data on your phone calls. we are here from a company call secrets. they have an app that can encrypt your calls so folks

can't spy on you including the nsa. the chairman of seacrest. thank you for being here. you have done this, your sister company has done this for soldiers in afghanistan. now you want to do it for regular americans and folks who don't want to be spied on. how does it works. can i download it now? >> you can do the itunes store, you download the app for free. then it's immediately working. if you call somebody else with the app you have a completely secure conversation. >> megyn: how do you make money? >> it will be free initially for a trial so we are offer 3 months for free and invite a friend you get another month and then it's $3 a month. >> it only works that both parties? >> that is correct. because i'm encrypting it and you are de-crypting it. >> how does it work? >> it uses things that

mathematically scramble the call. >> megyn: but when the phone bill shows, would it show my phone number, i never get a phone bill. i never get a phone bill again? >> this is all about meta data and keep duration of your calls because they want to send you bill. we don't keep that. so any call you make the minute you end that call, key is shredded. >> megyn: what about let's say, i still have to pay verizon. i will call people that don't call is seacrest. what will say say if i have seacrest technology? >> it's just like you google search you are disconnecting to a server. so with your verizon plan you probably get a data package. we use a little bit of that

data for the service and, of course, if you are wi-fi it's free. >> megyn: some of the criticism, i don't really have anything really to hide. i don't want anybody spying on my phone conversations. terrorists do. what is to stop them from doing this? >> personally i do think that is private, health care information, banking information. of course. there are many people who may download this app and use it for all sorts of purposes. now, seriously bad goo guys, don't use cellphones. that is first thing to know. >> megyn: nsa thinks they do? >> nsa is trolling a vast amount of danger look for information that helps lead them to the bad guys. but we will actually work with law enforcement in the event that somebody will inform that somebody is misusing our app. >> megyn: how would they

know that? general hayden former director of c.i.a. said this is how it works. we nab a dude in afghanistan. we pick up a number we've never seen before. we believe he a terrorist. then we run that through a database. has anybody been talking to this number, and then they take the next step to get more data on your phone. your app will shield those numbers from coming up, right? >> that is correct. it will enable and still from the verizon network for example, say you have connected to the secret service. they have a meta data point to keep you secret but they don't know who you have called. >> megyn: they can't come after you that, that is when you approach the d.w.i. checkpoint. it's not legal for the police because you refused to subject yourself. it would not be legal for

the police or the law enforcement community to suspect you of anything elicit because you use this technology? >> absolutely not. the technology is designed to restore restore privacy rights for people who intend to use it for the proper purpose. >> you've got big heavy hitters. a top guy from the u.s. secret service, chief technology office who once worked for the secret service and british officials all helped you with this? >> yes. there are serious people who understand mobile is not secure. >> do i have to put it in one of these fancy things? >> no, you don't. what i showed you here, this is an iphone 4 and i the latest satellite sleeve. essentially, this enables a humanitarian worker in the middle of africa to connect to you and have a secure call free over a satellite. >> got it. >> this is a data sleeve for a satellite. >> that takes it to another level. i could do this on my regular

iphone. >> you can do it on a regular iphone and suddenly you have full security of your conversations. >> thank you. coming up, reports that the state department covered up investigations and ended them into several scandals into hillary clinton. we'll have the latest. ♪ ♪

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a would be burglar in orange county, california, getting the scare of his life, after trying to break into the home of a 72-year-old grandmother and landing himself at the wrong end of her handgun. oh, did he pick the wrong grandma, trace. >> when you hear the 911 call, megaay megyn, you will love it. not only was a rottweiler viciously barking in the background, granny didn't have a gun, a big gun, a .357 magnum that could drop a bear.

apparently the suspect didn't care because he kept trying to force the door open. 72-year-old woman was determined to protect her husband and an 85-year-old world war ii vet. listen to the 911 call because in the first part she sounds like glenda the good witch of the north and then she gets mad. >> i have no idea what is happening but i don't like the sound of that dog. they're in our yard. i'm firing. back up you son of a [ bleep ] back up, back up! get out of here! get the hell out of here! get your butt out! now! >> did you hit? >> i don't think so. >> the deputies are there. i need you to put the gun down, okay? >> the gun is down. >> she put the gun down but the bullet apparently just missed the suspect. grandma says even she was surprised by her actions. listen. >> i am a christian woman and i'm very proud of it and i don't

curse. but after i shot, rage took hold, and i just blasted away, and in fact, my husband afterwards said, i never heard you talk like that! >> that is not the same woman in the 911 call. they're two different women, i swear. the suspect has a very long rap sheet, megyn. great stuff. >> good for her! thank you. coming up, a tense standoff in turkey right now, raising serious questions for our own government. after a night of riot police, tear gus and water cannons protesting the government worried their government is getting too fundamentalist. ralph peters explains why this fight over freedom is critical to our position in the middle east.

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this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. fox news alert. in moments, the highest ranking official in the national security agency will testify before the senate and the american people. marking the first time any from the nsa has publicly answered questions over revelations of this mass blanket surveillance of hundreds of millions of u.s. citizens. brand new hour here of america live. welcome, everyone. i'm megyn kelly. head of command army commander alexander is appearing for a previously scheduled hearing. a portion of his testimony will be public and some of it will be behind closed doors. there is no doubt he will get grilled over the revelations this week that his agency has in place a top secret spying

program said to have begun under president bush in 2006 and to have continued to this day under our current president. chief intelligence correspondent live in washington. >> reporter: that's right. chief alexander was the key to this whole thing. it was his relatively to answer specific and direct questions about surveillance that led them to call him in march. >> does nsa collect any type of data at all on millions or hundreds of millions of americans? >> no, sir. >> it does not? >> not wittingly. there are cases where they could inadvertently they could collect but not wittingly. >> that's now a very famous exchange and clapper is being

accused of potentially misleading congress with those statements. we can expect alexander to face direct and aggressive questioning about the collection and retention. retention is important of data on american citizens and what they call lprs or legal permanent residence. earlier today during the democrats' weekly news conference, lawmakers saying the controversial data collection programs authorized under the patriot act must have limits? security comes at a price. i think we all recognize that. but liberty is priceless. >> i don't think the solution to those concerns should not be massive leaks. i don't think that's the way in which this should go about. >> and nsa leaker eric snowden told the south china news in an interview published today he trusts the people of hong kong to decide his fate. people who think i made a mistake picking hong kong as a location misunderstand my intentions. i am not here to hide from

justice. i am here to reveal criminality. i have faith in hong kong's rule of law. also in that interview, he goes on to accuse the united states of bullying hong kong. the state department had effectively no response to any questions that relate to snowden. the bullying accusation nor efforts to extradite him to this country, megyn. >> it's interesting to see that exchange with clapper and widyd getting more attention. you put that on the air the day it first broke and just starting to get attention. >> alexander is the one, according to senator wyden, the one who refused to discuss the extent of domestic surveillance and how it had been expanded. it was alexander's relatively that caused senator wyden to go up the chain to his boss and publicly call out clapper. that's led to accusations clapper, the top intelligence official misled congress. this is about clapper's

statements but more specifically about why the head of the nsa did not answer those questions on the extent of the surveillance in this country, megyn. >> yeah. and why clapper did and why he answered them the way he did. >> and then refused to correct the answer. >> right. when wyden gave him the fact behind closed doors. thank you. >> you're welcome. >> we've been looking at that clapper sound bite since it was first played and whether it was true, whether he deliberately misled. we know with the hand up to the forehead and, you know, you can see the distress, you know, it's like, shouldn't the chief spy be better at lying, because, you know, it was kind of a tell. judge napolitano was on here yesterday saying he was down like this, no, no, not wittingly and now we know it wasn't true. the guy who runs the nsa is going to have to answer to why he didn't do it. sort of like the hillary clinton susan rice thing, right. hillary clinton said i'm not going out on those sunday shows and susan rice did it.

and this guy, alexander said, i'm not going out there and clapper did it and those that did it got in a lot of trouble for what i ended up saying. we'll monitor this hearing and bring you the news as it happens. we're seeing a rush to the courthouse steps over the nsa spying program. aclu and senator rand paul and now parents of a deceased navy seal have all filed separate class action lawsuits in the past few days alleging nsa surveillance infringed on their constitutional rights. among those filing, the parents of navy seal michael strange killed in afghanistan in 2011. his parents say their phone records were illegally accessed after they were critical of president obama as commander in chief. i'm not sure whether they're tying those two things together or whether they're just laying out that chronology. i haven't seen the lawsuit yet. in the meantime, 85 other groups including the social news site, redit have said stop watching us, a petition against the

online data mining program. we're getting new video in of conflicts in turkey as anti-government protests grow increasingly violent. the situation there went from bad to worse overnight as police armed in riot gear fired tear gas and water cannons at turks armed with fireworks. the activists fighting to preserve that country's secular government. that is rapidly becoming more and more islamist. turkey is a critical u.s. ally. the end result of this crisis has huge implications for our strategy in the middle east. joining me now, ralph peters, author of the book "hell or richmond." the importance of turkey to the united states, just a little bit more research overnight,

president obama has described the prime minister as one of his closest foreign allies. in 2012, president obama named him as one of the five world leaders he had built relations based on confidence. that same prime minister is the one unleashing water cannons on people in the streets who are protesting and increasingly islamist state. what does this mean for us and our president? >> for the president, again, this is a president who never took an interest in foreign affairs and foreign policy. even though underer erdogan, pre minister erdogan, turkey screwed us on iraq, and muslim brotherhood factions, not secular democrats in syria, picked a fight with israel, sports muslim brotherhood movements in egypt and elsewhere and is no friend of ours, but president obama doesn't do his homework and he doesn't know what to do.

turkey is strategic, one of the few countries that really truly has strategic relations. you look at the border in addition to mediterranean or black sea, turkey touches bulgaria, serbia, greece, armenia, iran, iraq, syria. traditionally, for thousands of years, it has been 3 conduit between east and west. now, while our president takes a hands off praise erdogan attitude, this vital nato country is going islamist, marching into fundamentalist islam and the white house won't call them out, even today, the national security council, while saying well, we want this peacefully resolved insisted in calling turkey not just an ally but a friend. it's not our friend. it's our ally on and off, not our friends. >> what should we be doing? obviously the united states, i don't think we're in favor of seeing this become less and

leszek lar and more and -- less and leszek cu lar and more and more islamist yet that's our guy and president obama backed him so much. and they're complaining the guy they put in office is getting more and more authoritarian and cracking down, as you pointed out yesterday, alcohol sales. they have the highest number of journalists in the world in jail there, banned public displays of affection between men and women. they're upset with the guy they put in off is is now ruling. how do we interfere with that? >> you stop praising erdogan to the skies. for god's sakes, that's a no-brainer. if we want to talk about human rights, maybe we should at least say you shouldn't put journalists in jail just because they criticize the prime minister although i guess some of our presidents might have had some sympathy with that. even today, megyn, you saw a very important development, where thousands of lawyers in

turkey walk out of the courtrooms in support of the peaceful demonstrators protesting the police brutality and savagery, but also they walked out because erdogan has been packing the judiciary with islamist judges and islamist military officers and islamist control of the media. at what point do we say this is not democracy. erdogan's idea of democracy was he won the election. won it twice, three total elections. everybody has to do what he says. the problem is not that he wants to give rights to law abiding muslims, he wants to force everybody into his fundament fundamentalist vision of islam and the elite, the young, the educated turks don't want it. as we discussed yesterday, megyn, this is really a struggle between the turks who want to be close to europe and erdogan and the islamists who want to rejoin the middle east.

>> we will see. there was supposed to be a meeting today but then there was a question about who exactly would be in attendance and whether there was somebody meani meaningful who was going to speak for the protesters. we have that video of the black robed turkish lawyers storming out of the courthouses in protest, you point out is an extraordinary thing. imagine if we saw this in our country, lawyers coming out in protest of the way our government was handling the rule of law. this as their prime minister tries to change the constitution so he can get a fourth unprecedented term in a country we're holding up as a model for islamic nations pursuing democracy. ralph, thank you. [ speaking foreign language ] >> i have to go look that up. coming up, new fallout in the nsa spying scandal. it involves the journalist who he helped break what may be one of the biggest spying stories in the world, certainly is right now. and congressman peter king, who now says that journalist and not

just him, a couple of them, should be locked up for publishing national secrets. here's the protest congressman king generated in response. we'll ask him about this spectacle when he joins us next. congress looking for more answers from the state department amid reports it allegedly killed investigations into several sex scandals, in what whistle-blowers are calling a political cover-up by hillary clinton or her top aides. we'll look into where that could lead. a series of serious thunderstorms brewing that could threaten 1 in 5 americans. who's in line for the first hit? i do a lot of research on angie's list

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fox extreme weather alert. the storm prediction center issuing its first high risk warning of the year. a warning so significant our meteorologist told us last hour it only goes out about three or four time as year. a massive line of storms, severe weather spreading from iowa to maryland, bringing hail,

lightning and tree toppling winds. meteorologists are warning this line of storms could even lead to an unusual weather event consisting of strong straight line winds with hurricane strength. it's expected to bring tornadoes and power outages followed by oppressive heat. my lord. 64 million people in 10 states could be affected. more on that as we get it. fox news alert notice. the fired cia contractor who leaked details, cia and nsa, in any event that leaked details of a surveillance program is in hong kong saying he's not hiding and said he wants to fight extradition to the u.s. in the hong kong courts. new fallout not just for snowden some are calling a traitor who should be president but new fallout now for the congressman who is suggesting that the reporters who broke edward

snowden's news should be prosecuted. joining me now that congressman, pete king of new york who joins me now. thank you for being here. it's not particularly newsworthy you're calling for snowden to be prosecuted because we've seen it the past few days. but to take it another step and say the journalist who published the information, the guys who publish what he leaked, that they should face prosecution, that is news. do you believe that? stand by that? both greenwald and the "washington post" reporter? >> i'm talking about greenwald. greenwald, not only did he disclose this information, he said he has names of cia agents and assets around the world and threatening to disclose that. the last time that was done in this country, we saw the cia agent murdered. i think it should be very targeted and very selective and a rare exception.

in this case, when you have someone to disclose secrets like this and threatens to release more, yes, there has to be -- legal action should be taken against him. this is a very unusual case with life and death implications for americans. >> what is the difference between glenn greenwald who broke this story in the gawuardn and is an american citizen but living abroad and james rosen and the press. >> james rosen never said he would release information to kill americans and release cia operatives around the world. that to me is an attack against americans, putting american lives at risk. no right is absolute. absolu obviously freedom of the press has to be cherished in this country. in this case some people are glorifying snowden, making him a hero and saying greenwald was acting as a legitimate journalist. think of june 5th, 1944,

somebody threatening to release the date of the d-day invasion that would result in this deaths of thousands of americans, to me, that crossed the line. it clearly does violate u.s. code talks about releasing classified information. there is a law out there. i agree when it comes to reporters it's used very sparingly and should be. this is a very unusual case. i think the whole case, it really bothers me seeing so many republicans andconservatives talking about this being spying and snooping. too many republicans and conservatives have become michael moors. i think it's dangerous to our country. general alexander is an american patriot and protecting americans by this program. i have experience west the case in new york where i know how many new yorkers had their lives saved because of the nsa program and only because of the nsa program we found out the information. it was with commissioner kelly that sunday night, talking to him all monday morning when he

was apprehended. >> we want to let our viewers know we pop up general alexander, they're doing hellos and this is a previously scheduled hearing and we will go back to it when they get to the meat of the hearing. do you think glenn greenwald should be prosecuted for what's released so far. you probably aren't causing much controversy if you're talking about this guy releasing names of covert agentsz across the world and compromising their security and lives. what about what he's done so far? >> i think it should be considered. the reason i say it is, this is putting american lives at risk and clearly done to hurt americans. to allow it to be done it will cause grave consequences to the united states. i'm tying the two together and that shows his motivation. >> i want to get to that. you can't get to a reporter under the espionage act, i assume you're thinking about, unless the purpose is to hurt the u.nited states of america ad

you point out 9 times out of 10 or 10 times out of 10 the past 60 years or so we don't go after reporters because they're not trying to hurt america, just trying to report news. what would be the proof this guy is trying to hurt america? glenn greenwald would say he's trying to help america. >> first of all he is not. and his intent is his threatening to release the names of ci away gents and that won't help the united states. and shows his intent. >> and what about an effigy of you and woman in a bonnet? have you seen it? have any thoughts on it? >> any time you are picketed by wackos, it's a badge of honor and welcome more protests. >> she isis -- may literally be wacko, whack iing a body of you. coming up, new roadblocks for the justice department -- i

should say for justice -- not justice department -- i'm off on another scandal and victims for the ft. hood shooting and why there are new problems betwewit lawyers and what they're now saying about this. hey. they're coming. yeah. british. later. sorry. ok...four words... scarecrow in the wind... a baboon... monkey? hot stew saturday!? ronny: hey jimmy, how happy are folks who save hundreds of dollars switching to geico? jimmy: happier than paul revere with a cell phone. ronny: why not? anncr: get happy. get geico. fifteen minutes could save you fifteen percent or more.

lawyers for the army psychiatrist accused in the deadly ft. hood shooting rampage are telling the judge to quit telling the judge it would be unethical to help the suspect prepare what they are saying is a controversial defense strategy. trace gallagher has the latest with a trial that has still not yet started almost four years after the shooting, trace. >> right. jury selection was supposed to begin last week. now that nadal hasan has been

allowed to defend himself, that's been delayed and he's asking the judge to delay it an additional three months so he can prepare his defense. the judge has yet to rule on that. hasan is planning to use the defense of others arguing he shot troops at ft. hood to prevent taliban from being killed by ft. hood soldiers. even though he's defending himself the judge told the attorneys to stand by to help him that it's within standby attorney scope to give him advice. he's saying they don't believe i should go forward with this defense. by helping me, they believe that crosses an ethical line. the defense attorneys confirm that saying complying with the judge's order for this defense would be in fact unethical because it seems in their opinions to have no limits. we now have one more obstacle to the beginning of this trial and while delays keep piling up, it

should be noted nadal hasan continues being paid thousands, hundreds of thousands of dollars in salary by uncle sam. >> it's unbelievable. all right, trace, thank you. coming up, allegations now, first broken by cbs news, that hillary clinton's state department, while she was in charge, covered up at least eight improprieties or perhaps illegalitities that may have taken place on her watch. why would she allow that? why would state department officials allow that and why was an inspector general report looking into all this allegedly scrubbed. a former top official joins me live next. [ phil ] when you have joint pain and stiffness...

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former president george h. bush marking his birthday today, turning 89 years old. celebrating in kennybunk, maine and his wife turned 88 last saturday. and asked to take part in the celebration by wearing colorful socks. it seems the colorful socks are becoming his trademark. here is his contribution, a pair of superman socks. happy birthday, mr. president. new questions today on reports that the state department spiked investigations

into a serries of scandals in recent years. the spokesperson for state acknowledging receiving a letter from congress demanding more information after a week now almost of taking questions about how endemic the problem of freque frequenting prostitutes, they say that's what hillary clinton's guards did, and an ambassador, who allegedly was frequenting prostitutes in a park, two of eight scandals. listen. >> i'm not going to speak to specific cases. as i said at the onset for obvious reasons. it is hardly endemic. i think we just said the same thing? >> you were asked whether a few instances suggested it was endemic and the question was, is it endemic? >> absolutely not. >> you opened the door to this line because you said you think a few isolated -- whatever you

said. >> alleged -- >> alleged, all right. >> can you tell us, at least, whether or not that investigation of just this ambassador is over? >> i'm not going to comment on individual cases. >> does the secretary have full faith and confidence in this ambassador? >> well, the secretary is proud to lead, of course, the department of 70,000 men and women serving. >> you're declining to say on behalf of the secretary that he has full confidence in this ambassador. >> i'm just seeing through the process. >> oh, boy. joining me now, a former state department senior advisor and principal now at d.c. international as an advisory. thank you for being here. cbs news first broke this story. now, you can see it's gone everywhere. the questions that they spiked investigations in at least eight instances into illegal or inappropriate behavior within their ranks. >> yeah. this is a big deal.

before you even get to the cover-up, the underlying scandalous activity, if you will, is pretty bad. when you have a security clearance or you serve in a position of trust with the u.s. government, you really put not only yourself but america at risk if you go abroad and use the services of prostitutes. you ca target of what's called a honey trap where a foreign service like chinese and russians come and take pictures of you and try and use blackmail. this is a pretty big and classic way diplomats get in trouble and put their country at risk. >> they said hillary clinton's bodyguards were doing that, usesing prostitutes when she took trips abroad and said our ambassador to belgian was doing that and he denies it and don't know whether this is true or not and state department denying a lot of charges. tough to see which ones they're denying substance of or denying covering up the investigations of them. this is all born of an inspector general report that started

looking into these incidents and how they've been handled by the state department. there's a whistle-blower, christian, who says she -- that report was scrubbed and that the damning things talk birthday abobirthday -- talked about at the higher-ups were removed and state officials came to her house and started to threaten her. if this is true, how shocking is that? >> it's very bad. as you mentioned, there's two layers to this scandal, the underlying misconduct and then the intervention of senior officials in hillary clinton's state department intervening. all of this was going into an inspector general report, and then one of the people involved in making that report, who retired was oh shocked at what was deleted she felt a need to go to congress and talk to senator cruz. one thing that's really damning, i think, initially is the involvement of sheryl mills in this. this is someone we've heard of

before. >> hillary clinton's chief of staff. >> at the state department. correct. she also was the chief defender of bill clinton before his impeachment trial in the 1990s. a clinton crony, if you will. she was involved in shutting down one of the eight investigations into the person hillary clinton wanted to be ambassador to iraq. again, you get this -- she also was involved in the benghazi gate scandal apparently trying to convince people, eyewitnesses, not to be candid in what they told congressional investigators. what looks like a political cover-up. >> why would the state department do this? i understand hillary clinton may or may not at this point have presidential ambitions, but why would they intentionally spike investigations into criminal wrongdoing. the state department spokesman says that's inaccurate and totally inappropriate, we would never do that. >> right. right. she's probably maybe regretting her promotion into 3 spokesman job recently replace iing the

spokesman who misled reporters on talking points. that's part of it. this is an agency in crisis, under siege, not just benghazi but failed civilian surges in afghanistan on top of failed civilian surges in iraq, poor performance and scandalous activity until recently until this most recent slew of scandals at the irs, at the nsa, the state department was the focus of what went wrong in obama's second term on foreign policy. i think they probably decided they needed to defend hillary but i think they have also decided they needed to circle the wagons, defend the foreign service guild at the state department and defend the institution itself. >> what's unusual to me about this case, you have an actual whistle-blower from the inspector general group within state. her name is arelia, scribdescriy cbs news as twith the watchdog

agency inspector general and said she came out with several instances of criminal wrongdoing. when we saw what the state department wanted to put out there as a result of our reporting, she said, we were very upset, this is a quote. we expects to see influence. but the degree to which that influence existed and how high up it went was very disturbing. now, how do we get to the bottom of what hillary clinton knew, secretary kerry knows now, who was involved, who interfered or did not. if this is a false report, they need to be exonerated on these charges. how do we -- who do we trust to look into that, given the fact they're saying the agency doing the investigation was shut down by those in power? >> right. i think the only way we can get to the bottom of this is to have congressional hearings and the american people are going to have to decide for themselves. we talk about special prosecutors, but i don't think that's going to happen, especially in this case, i don't think it will happen in any case

perhaps. you need to do democracy. the house of representatives is going to need to get these people outside and the american people can decide for themselves. there's a saying you can trust the motive, you can trust the man. the people making this allegation, as you point out, are career employees of the department, of the inspector general's office. these people are not the president's presumed political opponents. these people tend to be very supportive of democratic regimes and take a view of foreign policy very much in line with the democratic party. for these people to be speaking up, i frankly think they have a lot of credibility what they're alleging. >> the inspector general is supposed to be independent in their investigation and we're supposed to be able to rely on their reporting just like the arb is supposed to be independent and we're supposed to be able to rely on their conclusi conclusions. now, there are questions why arb looking into benghazi didn't talk to hillary clinton and whether that was a full and fair investigation and questions whether this inspector general's

efforts were independent feared by top officials. -- were interfered with top officials. i should point out you were an official with president george h.w. bush but not this organization. >> i think we're finally seeing bureaucrats thrown under the bus and fighting back. the administration tried to blame the cia for talking points and foreign service. you finally saw people from those agencies come forward and testify before congress. i think bureaucrats in the u.s. government themselves, probably obama voters in the beginning are getting tired of getting blamed for problems being caused at the senior levels of this administration. >> i've never seen anything like it, never seen anybody from the inspector general's group call themselves a whistle-blower and go to a u.s. senator and say i'm trying to protect you and what i put in that report got scrubbed. i'm being stopped from doing that. i need help from the u.s.

congress is just do my job, be the watchdog of an agency that is supposed to be independent and when allegations are brought to it, should be looking into them instead of allegedly trying to cover them up. trying to keep track of it all. thank you very much, mr. whiton. good to see you. >> thank you, megyn. former football player, chad johnson, asking today for a second chance. we were going to bring it to you today now. there's an update on it. this guy and the punishment he got after he slapped his attorney's backside in the court and the judge slapped him with a month in jail. kelly's court is next. >> i don't think anything's funny about it. this isn't a joke. >> i didn't do it as a joke. >> everybody in the courtroom was laughing.

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or go online to lifelock.com/planahead. use promo code planahead, and get 60 days of lifelock protection risk free. enjoy your vacation, knowing lifelock never takes one. kelly's court is in session back on the docket today, the slap heard around the courtroom, the former football star sentenced to a month and now he's asking the judge to reconsider. it began as chad johnson previously known as chad ochocinco was in a domestic violence dispute with his ex-wife. she judge was on the brink of accepting a plea deal with no jail time for johnson, johnson seemed to appreciate. >> you have any questions? the whole courtroom laughed because you just slapped your

attorney. i don't think anything's funny about it, mr. johnson. this isn't a joke. >> i didn't do it as a joke. >> everybody in the courtroom was laughing. i'm not accepting these plea negotiations. >> she sent him to jail for 30 days. joining me now to discuss it, former prosecutor, now defense attorney and david, who is a defense attorney. your thoughts? >> complete overreaction by this judge. probably a sanctionable ov overreaction by this judge, megyn. she's upset because the whole courtroom laughed when this professional athlete made a gesture of gratitude to his lawyer. why not send the whole courtroom to jail then because the only person who wasn't laughing was chad johnson. i don't understand where the ire came from in this instance. >> isn't it universally accepted you should not be touching anybody's bottom in this courtroom? that wasn't on the bar exam but an unwritten rule when i used to practice. >> i've gotten hugs and handshakes and kiss on the cheeks. it was a gesture of gratitude.

he didn't pick something off the table and spike it. >> a gesture all right. >> that's what the professional athletes do. i don't think he intended at all for the courtroom to erupt. >> on the football field, yes, that's true. but in a courtroom, where you're facing domestic violence charges, david -- >> yeah. megyn, this judge -- every judge has a different definition of decorum in their courtroom. to this judge, this offense was not much different than raising his hand and raising the middle finger. she saw it as entirely inappropriate. she was offended. this center that uncommon. 14 years ago i represented a young man convicted on a three strikes case, after the conviction the d.a. came up to me, he's very young i'll agree to 13 years instead of 25 to life. my client sat down and the judge started to do the sentencing. he said, john, do you understand this and understand that? my client said, yeah, yeah, whatever, judge. the judge said, you know what, i'm not going through with this. i'm sentencing him to 25 to life.

that's where he stayed -- he's right now in state prison his entire life all for stealing a computer out of a school. you have to be careful. this is serious business. >> the thing is, john, this guy was accused of head butting his then newlywed wife during an argument, charged with simple battery and domestic violence, she had a cut on her forehead. they had a fight over what she believed was an infidelity after she found a box of condoms from her newlywed husband. he head butts his wife and then he got probation, according to this judge, he violated the probation, he didn't even bother to show up to meet with his probation officer during the previous months. she was ticked off. she was blowing off the court and showing disrespect before he ever got in there and was lucky not to get jail time in the first instance. she could have given him up to a year. i think she had just about had it before he decided to do the butt slap. >> that could have been the case

but what the judge should have done -- you don't enter into plea negotiations with the defendant and lawyers alone. she judge is involved. what this appears to be to me she got rubbed the wrong way, she was biased, and then she takes it out on this defendant, when that to me is irrational. >> the poor defendant, poor defendant who's admitting, right, isn't he admitting to head butting his wife, right? no question about his guilt. the poor abuser. hard to find sympathy for him. so he will do 30 days in jail. do i care? >> he wasn't patting his ex on the butt, patting his attorney after the judge said are you satisfied with your representation. >> it wasn't just a pat on the butt. it was the laughter that took place afterward in her courtroom and basically turned her courtroom into a circus, megyn. 30 days we all know that probably means seven days, 10 days, maybe 15 days, it means

nothing. there won't be any change in this order. the 30 days will stand. he will learn a var valuable lesson, courtrooms are not football fields and you have to conduct yourself accordingly. i hope his attorneys had a talk today. today. gave her time in jail. >> bail is $10,000. >> are you serious? >> i am serious, adios. >> [ bleep ] >> come back again. i believe i heard you saying to -- >> yes, i did. >> i believe -- did you say [ bleep ] to me? did you say that? >> yes, sir, i did. >> oh, you did? i find you in criminal content. 30 days in the county jail. >> megyn: he reversed himself after he cooled off. do you think this is how it will go? >> nope, i don't. he's only going to do two weeks and this judge would rather stick behind a bad decision than

admit she reacted emotionally and not like a judge should. >> david? >> 30 days isn't 30 days and the judge needs to make a point. >> megyn: next, update on the zimmerman trial. ♪ ♪

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>> megyn: potential jurors in the george zimmerman trial may feel they're under trial. zimmerman faces a life sentence if convicted of murdering trayvon martin. the judge allowed lawyers on both sides to ask probing personal questions as they narrow down the jury pool. >> we had a first in the courtroom as a potential juror doesn't get questioned after indicating his mind is made up saying, quote, murder is murder, even in self-defense.

also reflecting the slow pace of seating a jury in a case like this one. 100 potential jurors scheduled to show up today were told not to as the court is whittling down the first 200. george zimmerman faces life in prison but claims self defense. sending 30 feet away from the parents of the teenager he shot and killed. the day began with the judge making sure zimmerman is satisfied. >> your attorneys made some decisions about some potential jurors. did they discuss those with you? >> yes, your honor. >> are you satisfied with the decision? >> yes, your honor. >> here's where we are. 200 people summoned to the court, 113 dismissed and 21 have been questioned directly by the attorneys in voir dire. the victim, trayvon martin, unarmed was shot and killed wearing a hoodie last year, a fact that hoodie, many potential

jurors remember. martin's parents intend to be in court every day. >> trayvon's parents are sitting there watching jury selection because it's important to them that they're there for their son to fight that his death is not in vain and that justice is delivered. >> reporter: the goal of the court is to take this first round of questioning by the attorneys, get a group of 30, hopefully seat a jury out of that 30, if they can't, they'll start with another group of 30. >> megyn: thank you. we'll be right back.

>> megyn: folks on twitter do not appear to be on the side of the judge. let me know what you think. >> shepard: have a great day. news begins anew on "studio b." 10-year-old sarah getting a new pair of lungs. she's in surgery after a transplant fight that made its way to the white house. details on the operation from her family. the man who leaked the top secret nsa documents is speaking out from an unknown location. edward snowden says the government is involved in a massive global spying scheme involving 61,000 operations. the dangerous situation in turkey. the prime minister agrees to meet with a group of demonstrators one day after confrontation with police. some of the