has >> chinese newspaper that the national security agency has been hacking computers in hong kong and in china since 2009. chief congressional

correspondent mike emanuel is live on capitol hill with more on all the coming and going and everything else happening in d.c. mike, today you have trebgte director mueller on the hill. lawmakers have a lot of questions for him. what is the latest from the hearing? >> reporter: fascinating moment in the last ten to 15 minutes when director mueller he made the case. before 9/11 they might have been able to identify one of the hijackers in san diego and perhaps break up the 9/11 plot. of course a lot of americans hearing about this surveillance going on. that was a vivid example. in terms of damage done this was director mueller a short time ago. >> as to the individual who has admitted making these disclosures. he is the subpoena of an ongoing criminal investigation. these disclosures have caused significant harm to our nation and to our safety. we are taking all necessary steps to hold the person

responsible for these disclosures. >> reporter: significant harm there from the fbi director in terms of the impact of these high profile leaks. he also made it very clear that congress had been briefed on the programs that were going on, and so basically saying, you guys knew what was happening. jenna. jenna: these lawmakers are obviously elected officials and the public -- there is a lot of public opinion on this. it's probably an understatement, right, mike? you probably heard some of it on social media yourself. what kind of concerns have the lawmakers come forward with speaking for the public that they represent? >> reporter: well an interesting moment one of the republicans wanted to know what had been done in terms of privacy protections put in by president obama and fbi director mueller could not site any examples in terms of the patriot act in terms of more privacy put in under this administration. john conyers had his concerns.

>> i don't condone these leaks. i believe that if we fail to address the concerns at the heart of these controversial programs that there will be more leaks. >> reporter: so we are hearing from the director about these high profile leaks, we are also expecting to get more about him about the boston bombings and the fbi investigation of that, and perhaps we will hear some about the benghazi attack, jenna. jenna: a lot of pig topics there, mike. we'll continue to keep our viewers aware of any of the questions or answers that come up that catch our attention. thank you so much. jon: today's hearing comes as this administration is under intense scrutiny over the nsa scandal. i appears the majority of americans are not happy about what they have learned thus far. voters were asked what they thought about the nsa secretly collecting phone records. 62% say it is unacceptable it invades their privacy. 23% say it's acceptable the it

prevents terrorism. let's talk about it with jonah goldberg editor at large for "the national review." and a fox news contributor. you have said that people ought to be generally skeptical about government. if that is the mindset in america do the numbers surprise you in anyway, 62% don't like these things. >> it doesn't surprise me. in some ways i'm surprised it's not higher. my basic position on this is i've decided that there were no abuses at least that we know of, in terms to of the nsa scandal, but that doesn't mean that it shouldn't give us all sort of a little queasiness about this. look, maybe the 7th seal has been broken and the river is about to turn to blood. i actually agree with john conyers for the first time in a while. there is a crisis of trust. after the i.r.s. scandal, the benghazi stuff and all of these things and i believe james clapper just flatly lied to congress the idea that we should take anybody's word for any of this stuff defies the

imagination. it's ridiculous. i think now that the cat is out of the bag you have to sort of reassure the american people that the stuff isn't being abused, and that the protocol in preventing abuse are really strong. jon: the head of the nsa testified in front of congress yesterday as you know and said look if we had had this program in place back in the 90s, 2000, 2001 we may have been able to stop the 9/11 hijackers. that is a great thought but they had this program in place a couple of months ago and they were not able to stop the boston bombing. >> yeah and i think both things can be true. i think it is possible that it might have stopped 9/11, maybe. you need to sort of work us through, take us through all of that. and -- but it's also true that no system will stop every terrorist attack. jon: sure. >> i think it still comes back to the simple question of people want to measure the cost and benefits themselves. they want to know what i is

this thing doing for us and what are we doing by allowing it. we are entering an era of big data where the manipulation of data will allow people to do all sorts of things they were never able to do before. i'm not talking about the authority to do it, i'm talking about the pure capability to do it. whenever the government has a new power at its disposal there will be people in the the government who want to use it. this is as good a time as any to layout the rules when you can use the power and when you can't because it will be available. jon: this is the government we now know selected a bunch of information on tea party groups for instance to decide whether or not they deserve tax-free status. >> everybody who has been writing to me with ten exclamation points and all caps for the last ten years basically gets to say now i told you so, because almost all of the fears that the people have had have turned out to be at least legitimate. jon: i'm not a particularly paranoid person and i don't particularly care if the government collects my website, you know, visitations, but then

when i think of what -- what we've recently learned about what the government has been doing with information about americans it could be a little scary if abused. >> if you look at what advertisers and big corporations can do not just in predicting our patterns but shaping your expectations and what you want from congress, that power in the hand of politicians is particularly scary when the government actually has the power to anticipate your wants and desires and manipulate you without you realizing it. i'm not saying that is going on but we need to set up -- now that that is possible, we need to set up the kind of protocols and safeguards to make sure it doesn't happen -p. jon happen. jon: that is the last question. do you think congress can get its arms around this program, around the fisa court and everything else to the satisfaction of the american people so that the number we played at the start of this segment can come down? >> that remains to be seen. mueller and clapper and people in the administration make a good point.

congress could have known this and done a lot more about this. so sort of phoned it in and they didn't go for the briefings and haven't said on top of it. they pretend like they are surprised by this. they need to step up their game both the republicans and the democrats. jon: jonah goldberg from "the national review.," thank you for being here. >> thank you. jenna: an anti-government protest in istanbul for close to two weeks now. the tush i can prime minister is sending a message to the activists camped out, get out or else. the day after assigns of an olive branch from the rule party. leland are vittert has more. >> that or else is only about 150 yards away from where i'm standing, hundreds if not thousands of riot police just waiting and ready for the order to march through here and then come into this park. this is the main park here in

istanbul where thousands of people have begun to camp out and more and more are streaming in here to continue this large camp out and protest. it all started over this park. the prime minister wanted to turn it into a mall and the protests have morphed into all so much more evidenced by them happening in over 70 places around the country and also we've seen them in the capitol and that happened overnight where there were heavy police clashes overnight with protestors. many protestors are complaining that the prime minister has gone from being democratically elected governor all of a sudden down to nothing more than an authoritarian dictator here. they say he is turning this country, turkey into an islamic state in terms of trying to pass laws on everything from kissing, to alcohol co con consumption to head scarfs for women. dentists, doctors, lawyers, are

coming every night to protest. they are coming very well prepared. you're hearing the volleys of teargas and the rubber bullets and the water cannons that the police are using to clear the protestors out and the protestors here in the square don't have a lot to go up against the police with, a lot of rocks we've seen thrown, they are breaking up some of the cement around here. for protection all they've got is safety googles has become a very hot commodity in istanbul and the street vendors are not selling turkish coffee any more but gas masks that go for 2 to $3 to provide protection to these folks who fear the time when the government will order their removal here from this park, jenna. jenna: what happens next is a big question. leland, thank you. than here at home we have fox news alert, an explosion at a petition throw chemical plant in the guisemoore area of louisiana. there is a fire, we have reports of injuries. a big question about what

exactly caused this. it's the williams company's olaphins plant. one official on the ground doesn't know how many people were hurt but he does see ambulances taking folks away from the plant. we are trying to work on how many people worked there and what caused the explosion. we talked a lot about weather, jon in the country today. we checked on that, weather is not a factor here but we know there are chemicals being made at this plant. as we get more information w tht of louisiana. jon: i see blue skies behind the smoke cloud there. that is an ominous picture. we'll get you more information as it becomes available. fires burning in colorado. homes destroyed, people asked to get out. what they say they may have resort to doing now. jason leffler, the 37-year-old killed in a crash during a dirt car race.

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. jon: fox news alert, several wildfires continue raging now across colorado. one fire burning out of control near colorado springs. roughly 100 homes destroyed there, more than 7,000 people forced to evacuate. hot temperatures, gusty winds and a lot of dry brush fueling the flames today. fire officials say they might have to call in a pair of defense department cargo planes to drop slurry on the fire to help get the flames under control. stick with fox news for the latest on the situation in colorado. we are on the ground with with a live report coming up next hour. and this fox news alert, the united states supreme court is just out with a ruling that human dna cannot be patented. that was one of the issues presented to the court in the last term. their rulings are starting to come out now, human dna cannot

be patented, that according to the united states supreme court. jenna: right now the sport of racing is in mourning today following a deadly turn at the track. a nascar driver was killed last night after his car slammed into the wall of a dirt raceway in new jersey. rick folbaum has the story. >> reporter: a crash at bridg bridgeport speedway. jason leffler was taking part in a dirt car event at the track last night when he crashed . he was a two-time winner on the nascar nation-wide series and has been racing professionally for ten years. the nascar organization sends its thoughts and prayers to the family of leffler. he was a fierce competitor and will be missed. he finished in the top 20 in the

2000 indy 500. never a star on the racing circuit he had raced steadily over the years. he leaves behinda five-year-old son, sadly. jenna: thank you. jon: the growing questions over your online privacy. coming up, who else is watching your mouse clicks? security experts weigh in on the surveillance state of the internet. and an incredible rescue in new york city, a mother pulling her baby from underneath a car, how all of this happened coming up.

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jenna: more now to the big issue of the day of trust and government, that is the underlying theme here as we continue to examine the politics

about the nsa leak and th the the national security implications. we wanted to look at the internet itself. our next guest says this is key to the debate. the public is at the mercy of internet lords for our security. that is not such a good thing. bruce snyder is the author of hours and out liars enabling the trust that society needs to drive. that is the big question, trust. we are going back to this almost futile list particular existence like we did in medieval times. what did you mean by that? >> someone might be a google person, apple person and they give the companies all their stuff, the email, calendar, photographs and the trade off is the companies will keep us safe. and those companies are trading on that trust, that is how they get their users, and it turns out now we've learned they've had sort of a side deal pre trying that trust with the government. and i think that is why we are seeing the corporations saying now, please let us tell the

people what we've been doing, because they have a chance of losing that trust. jenna: what about consumer accountability? all of this? i'm thinking about different metaphors, not many analogies work for this situation. if i went out and bought a karbgs for example i'm trusting in the company that is selling the car that they will put locks on the doors for me, build a sturdy vehicle to make me safe. it's up to the drivers to put security measures in place if i want to be extra safe. is there a role for consumer accountability in all of this and what is the roll? >> this is some. these are very technological issues. you would never sell a cars without brakes, without seat belts. jenna: sure we hope not. >> we expect the products we buy have a base level of safety of security, with the food we buy we are not going to test the food for poison ourselves, we expect when we go to a store we buy the food and it's safe. the internet is that way and more so. people don't have the ability to do that kind of analysis so they

have to trust the company. jenna: we are at the miers see of the companies. >> we in a sense are. they of course want to do well by us, i mean a company like facebook, yes they are selling our privacy to anybody who is paying money for them but they have a facade of they'll keep our data private from people who don't pay. >> is it inch tkhaoed indeed a in facade? who is responsible for keeping us safe? are you saying we should out source that to the government so there is more regulation nor the internet? >> i think there is a place for regulation. we are at a point where the market is failing for a bunch of reasons. free products pa tesh markets. the lack of real competition, facebook has no competition. jenna: huge companies. >> huge companies and they have them nor real reasons, because of network effects. you're on the sites not because you want to be, but if you don't get on facebook you don't get invited to parties and so of

course you'll be there. jenna: are you on facebook by the way? >> i'm one of the few who are not. high. a freak. jenna: i'll let the viewers judge that. i don't think they'll think you're a freak. we are touching on some of the big issues. now we have the big companies what is the answer moving forward? what should we be asking from our elected officials? >> this is the future list him model. it's in a sense an exchange the lord will protect the vasel and in exchange the vasell swears allegiance. it looks more like the graham of thrones than anything else. what changed that was the rise of nation states where the people said, hey, you guys ruling us not only have rights you have responsibilities. we are at the point now where there is not a lot of accountability and transparency. it's a big problem with the nsa eavesdropping. it's less that they are doing it and more that it's done in secret without our knowledge and consent and that is just unamerican. jenna: you say the definition of power is changing in our country. and this is sort of evidence of

that. tell us about that, and what is the answer? is the change a good thing, a bad thing? is it an eventual thing? is it part of the country growing and changing? what do you think? >> some of this we don't know because it's still new. power traditional here was government power and those of us who like liberty we try to reduce government power and increase personal power and that he rao deuces the imbalance. now power is more in the and of corporations and this is government-corporate alliance. if the government said everyone must carry a tracking device at all times we'd rebell a and never allow that. however we carry cellphones. if the government said all messages you send your friends must go through us. that would never be allowed, yet we all use facebook messages. these intrusions that we would never accept by government we willingly allow corporations to do and now government can now bypass us and go directly there. it's this huge amount of power that i think is the most

dangerous. jenna: we really want to examine that more. it's fascinating to talk to you, it's great to have you. i'm not really on facebook either. maybe i'm a freak with you. maybe we are one in the same. we look forward to having you back, hope you come back soon. i'll be curious to see what th the view think about that conversation as well. jon: i see the vassels outside with pitch forks. jenna: we don't want corporations to be so big, it's really up to us to make a change do you see that? >> maybe. we have republicans saying the government should do this. i have sensenbrenner saying i wrote the patriot act, this is horrible. you have dianne feinstein saying this is horrible. jenna: you've got to continue to watch. we have another segment to talk

about if you want to be more personally accountable for your internet security we'll show the viewers how to do that as well. a lot of "happening now." jon: has reright. back back dramatic new video out of new york city. a mother tries to save her baby trapped underneath an out of control car. that cab jumped a curb strike being the 17-year-old who was walking with her daughter in a stroller. the mom managed to get up right away, she ran to pull her 8-month-old out of the wreckage. remarkably both of them are doing okay. according to reports the cab driver was a 68-year-old man who suffered a heart attack while driving. that is apparently what led to the accident. jenna: what a story. what a video. americans are weighing in on the i.r.s. scandal. there is another thing we've got to watch out for, right? the findings of a brand-new fox news poll on the targeting of conservative groups and a detailed look on where the controversy began and where it's heading.

severe weather on the move and spreading east now. mouth moutrick weymouth is here with us. we'll bring us the latest on the weather. be right back with more.

jenna: now a fox news weather alert. a veer weather on the move today. reports of lightning and flooding and tornadoes coming out of the midwest as a powerful storm system moves east. the threat is stretching from

new york to virginia, and a lot of big airports. we always like to mention that around there and that effects travel worldwide really. chief meteorologist rick weymouth is here. how bad is it? >> morning commute problem across all the airports and an evening commute problem as well. kind of a one-two punch. take a look at the weather maps and you can see what the storm has done. this is the last 24 hours. you see all the storms firing around the iowa and chicago area, and very slowly, i should say quickly moving off toward the own seaboard. in its wake a lot of reports of damage and severe weather. 18 reports of tornadoes and 182 reports of wind damage with these storms. now we are getting into today. so, this is where our threat is today, anywhere you see the yellow there is a slight risk for severe weather but the bull's-eye for where i think we could see damaging tornadoes and the strongest of the winds is where you see this red, and it's from around philadelphia down towards about the north carolina, virginia border. that will be the bull's-eye for it today. we had a severe thunderstorm

watch box with the storms exiting off the jersey side, that expired just at the top of the hour. there is another watch in effect down here across parts of the ohio river valley and expires at 2:00pm. storms are cutting across philadelphia, baltimore and t. c., that is gone. the second wave will redevelop across areas of kentucky and ohio. take a look at how we think it about develop. this is one of our model depictions. we put the radar and underneath it the temperature. over the next couple of hours we start to warm things back up here across parts of that mid-atlantic coastline, that will allow things to fire again. very heavy rain will be moving in across much of the area, new york city, parts of connecticut, about five inches of rain, big flooding concerns throughout the evening tonight and for much of tomorrow. we are really water logged, a lot of rain over the last -- jon: wettest june almost on record in new york. >> exactly and we have nor coming. jenna: i'm over it, just for the

record. the weekend looks okay, right? >> the weekend looks spectacular after this. jon: good to know. rick weymouth, thank you. some new information on the i.r.s. scandal targeting conservative groups. a brand-new fox news poll find 66% of americans, fully two-thirds, believes it was done intentionally as part of a high level operation to punish political opponents. 23% say they think it was a mistake made by lower level employees. 112% are not sure. how did it really begin? chief washington correspondent jim angle with some of the answers for us. >> as early as march of 2010 months before the midterm elections the i.r.s. started closely investigating groups applying for tax exempt status if they had tea party, patriot or similar words in their names. by july of 2010 the unit in charge of tax exempt designation -gs wa was told, quote to be on

the look out for tea party mixes. president obama repeatedly criticized conservative groups that already had tax exempt status calling them shadowy, insidious and even worse. >> this even not just a threat to democrats, this is a threat to our democracy. >> when he did that and was backed up by this amen chorus of democrats it's like a bunch of people blog a dog whistle and the people inside the i.r.s. heard it. >> the criteria had been broadened to quote organizations involved in limiting expanding government, educating on the constitution and bill of rights. tea party groups had long complained about i.r.s. delays along with the improper requests for donor lists. it wasn't until may of 2013 with an inspector general's report coming that i.r.s. official lois lerner who took the fifth before congress confessed the i.r.s. had gone too far and apologized. she argued, however, it was only

because one i.r.s. office was swamped by a surge in applications. though at the time tea parties were targeted in 2010 the number of applications were actually falling. officials in washington insisted the improper practices originated in cincinnati. >> people in since nat thee decided let's start grouping these cases. >> reporter: but workers in since nat thee told congressional investigators they were directed by washington on tea party applications, and one i.r.s. worker there said she was furious whether they tried to pass the blame to her and others, saying it was like a nuclear strike on us. jon. jon: interesting. jim angle in washington, thank you. jenna: moving from the i.r.s. back to the nsa, snooping on your phone calls and looking at you online. there are ways to protect yourself. morgan wright is with us a cyber terrorism analyst and former adviser to the state department's antiterrorism assistance program, also a former adviser to the nsa, good

guy to talk about -- or talk to all about this. morgan, in general we -- after this week of news we all know what is coming, right we'll get flooded in our email boxes probably with advertisements about how we can make ourselves more safe. >> right. jenna: how good in general terms how good is the security that is available to us that we can buy, extra security as consumers? >> there is a lot of good stuff. bruce that was just on, of him and i followed a lot of his stuff. a lot of them can't get technical to say they have to have a level of trust. there are a lot of things you can buy from recognized name. macafee, symantic. for a lot of people they might be scared by inch crip shopb or sominscription or some of the programs. >> one of the things we all do is email. should we be concerned about people reading the content of our emails and number two how

difficult is it to make things more safe and secure ph. >> it's not very difficult. we'll show a couple of things right here. there are two things we'll talk about with the email one is a client that you can put on your own email and another one is one you can use on the web. even if p somebody doesn't have the program they can actually use it. the one i was talking about here it's called hush mail, and a lot of this is free. so hush mail ace free service, it allows you -- you can see the inbox mere. when i want to bring up and send a message one of the option -ps it gives me is to inch crypt my message and also sign my message to show it has not been changed. if we needed -- say you're my accountant and i wanted to send real sensitive documents. i'd type-in a question, what is your favorite show. the answer should be "happening now." jenna: of course. >> of course. i'd call him and send him a different message saying here is the pass phrase. jenna: is hush mail like a gmail? >> yes. jenna: let's say you were sending me an email from hush mail to my work account i don't need to log onto hush mail to get it. >> you would get to your email

saying open this message. it would take you to a website you have to put in the correct answer and you would see the encrypted message. after five attempts it locks out the message. if somebody tries to get it that message is permanently disabled. jenna: that is fascinating. is this something -- is this more like -- >> people are creatures of habit. we are all going to get i lazy, when i send stuff, sensitive stuff. i was the adviser for law enforcement alternate the republican national convention. a the love the stuff we did was to secure beings are we wanted to send secure messages because we are dealing with a national special security ept ept. this stuf event. you want to protect the sensitive conversations. >> you think this is reliable, fairly secure? >> absolutely. in fact bruce will tell you the inch corruption put in here have been peer reviewed, people say they are good things. jenna: let me ask you about the recommended apps that you have, you mentioned inscription a couple of times, is that a key

part to some of these apps. >> absolutely. inscription is like putting a lock than a door. it keeps honest people honest and it keeps people from snooping in areas that you don't want to. one of the things we did here to, i have this built into my apple mail client so one of the things i can do right here that little lock if i click on that that will inch crypt it. if i click on that -- jenna: how did you do that into your email. i see this little lock right here if we can move over a little bit on the screen we can see. it's a little lock and you presents that. >> when i start typing inch in a message to somebody. there is pretty good privacy 0, this is called pgn rules. it uses the same inscription algo rhythms that the government used. i can either send it encrypted and digitally signed, unencrypted and digitally signed. jenna: in it's encrypted and i'm getting the emails. >> this one we have to have the program for and share the

secrets. jenna: additional context if i do nothing, if i just am using my gmail accounts, using my phone i have none of this stuff how vulnerable am i really. >> you're vulnerable if somebody gets our password. sarah palin, somebody used her yahoo password and put stuff in. reading things less than six months old, nsa being able to read the context. you may be onto people. there is a man in the middle attack, it means i think i'm accepting it it to you and it's actually going to somewhere else and they are reading the context in both directions. morgamorgue jenna: i'm going to try out hush mail. i like the name, jon. jon: my next message to you will be encrypted. jenna: good. jon: back in business the

carnival triumph setting sale today for the first time since the nightmare cruise that left 2,000 people stranded for days. we are live in texas where passengers are preparing to head out to see. every day we're working to be an even better company -

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jenna: thousands of people are boarding the carnival triumph today, it's the cruise ship's first voyage since the fiasco in february. an engine fire left passengers stranded in the gulf of mexico for days. they had no electricity and as

you know from all the people when they got off just celebrating very few working toilets which is obviously a very good thing. casey stegall is live. any indication from any of these folks? >> reporter: it is a sold-out cruise. we are anxious to talk to passengers but they are not coming in yet because this thing doesn't set sale until 4:00. who could forget the horror stories coming out of this last february. very little food on board. people forced to eat mustard sandwiches. shraoefpg on the decsleep on the deck because there was no air-conditioning. adrift in the gulf of mexico for four long days, some some kissing the ground when it landed in mobile alabama. it has made millions of dollars in improvements, repairs in the triumph and pledged another 300 million among its fleet of

24 ships. today's voyage sold out as is the one that leaves out of here on monday, a trip to cozumel, mexico. none of the people from the last trip will be setting sale today. many of the folks have cashed in the vouchers, the free trips very were given for different carnival cruises. in the last few months a lot of lawsuits have been filed, even talk of a class action lawsuit involving some 3,000 passengers, something carnival is trying to get dismissed from court. but it's going to be an interesting day as the folks get here to set sale a little bit later, jenna. jenna: i'll be curious to what they say to you. we will look forward to your reports throughout the day on fox news, thanks so much. jon: i cost use a cruise right now. jenna: couldn't we all? one that has working bathrooms. the nsa spying controversy is shaking up washington as investigations continue into

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jenna: fighting fat gets harder as we age, right, jon. jon: don't look at me. jenna: especially for women over who. anyone, it gets more difficult dropping extra pounds. it may be easier than you think

according to jennaburg gwen. she is our fitness manager and joins us on set. you say the key is to gain something else, what is that? >> muscle mass. it's really important, because at age 30 we start to lose muscle mass about a half pound each year. at age 50 the rate doubles and that is really a bad thing because your muscle mass is the key to your metabolism. it's what is burning the calories when at rest, when you're sitting in your cars or at the desk you start to gain weight and get flabbier. jenna: that sounds horrible. jon: i learn something knew every day it's a simple con department but it never occurred to me that you're losing muscles and muscles are the keys to burning fat. >> there are definitely things you can do. keep tabs on protein. protein is the building block of muscle mass. every time you eat a piece of protein rich foods whether it's chicken or fish it builds and

repairs your muscle mass. research shows you may need more protein than you thought. the current rda is .8 grams kill low weight of body weight each day. they are finding you need 2.1 grams. muscle loss can happen when you diet. a lot of times when you restrict calories when we are dieting and we are also restricting our protein and so you're seeing that scale the number on the scale go down but you're actually losing body fat and muscle mass. jenna: everyone thinks about weight lifting when you talk about muscles. you want to eat the protein and build the muscle as well. what is the best way to do that. >> you want to be doing resistance training. every time you're doing resistance training you're causing microskop pick tears in the muscle. if you eat protein about 30 to 60 minutes within your workout the body will go in and repair the muscles. over time it will get stronger and increase your ma tab lace

him. jon: can i eat a piece of bake on after my workout. >> will be careful. you want to vary your protein sources. research has shown getting all your protein from animal sources, animal protein is acid producing which can block some of the muscle proceed seen sin a this is so you're not getting as much of a return on your investment. jenna: you haven't to go vegetarian. jenna: thank you so much. good tips for us today. we'll all be having our harold boiled eggs on set, jon. jon: maybe, if you bring them. wildfires in colorado burning out of control, not the most destructive fire in colorado history yet. thousands of people told to get out.

crn jon high noon on the east coast, and this fox news alert, the explosion at the plant in louisiana, it is on fire. take a look at this video. this, it's the williams company's plant in louisiana. we understand from the company's web site that it puts out about 1.3 billion pounds of gasoline and another 90 million pounds of propose lean each year, those are some to have basic building blocks used in plastic making. that plant is on fire right now. we'll continue to keep an eye on this, about 20 miles south of bat on rouge, more information

as we get it. baton rouge. and new action on capitol hill in the nsa spying controversy. i'm jon scott. jenna: hi, everybody, welcome to second hour of "happening now," i'm jenna lee, and lawmakers on the house intelligence committee are now behind closed doors for a hearing on one of the biggest national security leaks in our country's history. this as senators get ready for a full briefing on details of the nsa's no longer top secret surveillance activities. one senator, rand paul, taking a tough stand today. he's looking to pursue league action against the government calling the program okaying the collection of phone and e-mail records from the american public a, quote: overreach of power. this just a day after the nsa chief testified that this kind of surveillance actually stopped dozens of potential terror attacks. they say it's making us safer. chief intelligence correspondent catherine herridge is live in washington with more on all of this. >> reporter: thank you, jenna, and good afternoon.

a short time ago in defense of the sweeping collection of phone records inside the u.s., fbi director robert mueller testifying under oath that if the same program was in place before 9/11, the intelligence community could have made the connection between 9/11 hijackers who arrived in san diego in january of 2000 and al-qaeda safehouse in yemen. he came to the u.s. before 9/11 ringleader atta, and he's credited with laying the groundwork for the plot. a leading democrat on the committee was not convinced by the fbi director. >> if we had the telephone number from yemen, we would have matched it up to that telephone number in sand san diego, got through the legal process and identified -- >> mr. chairman, let me just finish. i am not persuaded that that makes it okay to collect every, every call. >> reporter: just for some context, since 2009 the number

of requests for records from these national security courts by the fbi has jumped dramatically from 21 in 2009 to the most recent figure of 212 last year, that's a staggering increase of about a thousand percent under this administration, jenna. jenna: interesting. so that situation about 9/11, whether or not we would have known it was a hypothetical one, you know, as we're talking more about this program, it really brings it home to us though, catherine. what about the program's effectiveness as it stands? what are we learning about whether or not the program is effective at all? >> reporter: well, the nsa director, keith alexander, testified wednesday the data programs blocked dozens of what he called terrorist events. >> we, we collect millions and millions and millions of records through 215, but dozens of them have proved crucial, is that -- critical, is that right?

dozens? >> for both here and abroad, in disrupting or contributing to the disruption of terrorist attacks. >> out of those millions, dozens have been critical. >> that's correct. >> reporter: okay. so this morning in a statement from senators wyden and udall, they are challenging that statement. quote: >> r eporter: and fox news has asked the nsa as well as alexander's boss, the office of the director of national intelligence -- that's the nation's intelligence chief -- to get more specific with us. what did alexander mean when he said "terrorist events"? are these discreet plots? terrorist operatives? and this dozens figure that he's thrown out there, is this a worldwide figure, or is he talking about plots or incidents related to the united states?

so, again, the central premise that the programs are efficient is now being challenged by two democrats in the senate who have really led the charge on the surveillance issue, jenna. jenna: very interesting, and some good questions you're asking, catherine. we look forward to hearing any answers. >> reporter: see if we get an answer. jenna: we'll see. it's been an eventful week. >> reporter: i would not hold your breath. jenna: catherine, thank you. jon: she's got some of the best sources around. the scandals plaguing the white house all taking center stage now as lawmakers on the house judiciary committee grill robert mueller as he prepares to step down after 12 years in that office. muller taking questions on the nsa. he also got grilled about the justice department's snooping scandal. take a listen. >> the committee is investigating the use of the privacy protection act of 1980 to obtain a search warrant for fox news correspondent james rosen's e-mails. in your experience as a federal prosecutor, as assistant to

attorney general thornburg, as assistant attorney general of the criminal division and as fbi director, when you authorize a search warrant for a target of a criminal investigation, wasn't prosecution of that target the objective? >> i would say, no, that quite often in search warrants there are -- or affidavits in support of search warrants, there are occasions where a person will be mentioned as having culpability, but there will be no discussion or anticipation of prosecution. jon: so the justice department got a judge's okay to search our colleague james rosen's e-mails and phone records but says they had no intention of ever charging him criminally. so now pack to the nsa -- back to the nsa spying controversy.

a new concern today that it could be taking lawmakers' eyes off the investigation of another scandal, charges of political profiling at the irs. let's talk about it with a.b. stoddard, associate editor and columnist at "the hill." it says on our money, a.m. b., "in god we trust." what about government these days? what is this doing to trust in government? >> well, if you look at the combination of the investigation into the attack in benghazi, what was happening with unfair additional statute thinkization of conservative groups by the irs and then, of course, this sort of fishing expedition to look in broad terms for reasons to get a search warrant in the case of james rosen to be kept a secret, um, and, of course, the associated press as well by the department of justice, we're seeing a lot of reasons for the public which already had very little trust in government to lose all faith altogether. of course, the news from last week is dramatic. people have been talking of

little else since they learned that their electronic communications could potentially be under constant surveillance fo for future purposes by the government. in an effort to track terrorists. now, all of this combined, obviously, makes people nervous about they look at the congress, they believe that congress is really in a state of almost permanent gridlock, and now they're looking at the executive branch wondering what they're doing to be stewards of the public trust and taxpayer dollars as well. so combined it's really a problem not only for president obama, but for the congress as well. it doesn't mean that these investigations don't need to be pursueed with oversight, but i would put the nsa story in a different bucket than something like what's going on at the internal revenue service. jon: well, speaking of the congress, they approved something that the president badly wanted, he calls it the chief achievement of his first term in office. it's known as obamacare. the folks at politico put out a

piece today that really caught my eye. i was astounded by the opening line. it says: dozens of lawmakers and aides are so afraid their health insurance premiums will skyrocket next year thanks to obamacare that they are thinking about retiring early or just quitting. now, the congress under an amendment proposed by senator charles grassley, has to live under the terms of obamacare that they're foisting on the rest of americans, right? and this article says that members of congress and their staffs are thinking about getting out because their health care's going to become so expensive now. >> well, that was one of the pitches from president obama in his fight to pass be health care reform, as you remember, that the rest of america should have as much choice and as good and strong and protective plan as members of congress do. what we knew from a couple weeks or a few months back was that suddenly those who had agreed,

members of congressional staff on the hill who had agreed in that part of the law as you mentioned to live under the same rules were still not certain of what they were going to be paying. so if you are in an, if you are forced into an exchange, are you -- if you work for senator grassley, are you in an iowa exchange, or are you in an exchange in maryland or d.c. and virginia where you live and do your work on capitol hill? that question hasn't been answered. how much is it going to cost? the office of personnel management has to come up with a decision about what it is going to cost congressional staff out of pocket. they still haven't come up with that. and so how much will be subsidized, and that's of tremendous concern, as the article notes. especially congressional staff who have been there quite long and who might be less healthy than the young and want to keep their plan. jon: yeah. and some of those people if they get out this year, if they retire this year, they can retire under the health care plan that is currently offered to them. if they wait until after january

is 1st, they retire under obamacare, and that's potentially the problem. i was astounded to read this quote from representative john larson, he's a democrat in connecticut who says: congress has to fix this. they can't possibly let these poor folks go under obamacare. he says if not, if we don't fix it, i think we should begin an immediate amicus brief to say, listen, this is simply not fair to these employees. they are federal flows. what about the rest of us, a.b.? >> well, that's a good question. i mean, as we know, there are supposed to be these many dozens of exchanges, more than 30 stet stet -- set up in states by october 1. that's less than four months away. and we're talking about pools of the sick and the healthy. if the young people that president obama and his administration are working so hard to enroll don't sign up into these exchanges, the price goes up because all of the insurance companies are now welcoming sick patients, so the

price goes up for everybody. there's so much unknown about what it's going to cost everybody, the newly-insured, the previously-insured, and it's going -- it's a very tough time for democrats who know politically that they're going to have to defend this for the third election in a row. jon: yeah. >> do they try to make changes now or wait until 2015? jon: it's good enough for the rest of us, but maybe not for members of congress and congressional staff. that's just really astounding. a.b. today 5rd, thank you. >> thank you. jenna: new reaction to the scandals and controversies facing the obama administration. we're live at the white house awaiting a briefing from the press secretary set to get under way at any moment. we'll bring you there when it does. in the meantime, window washers dangling from a scaffold near the top of a skyscraper right here in new york city. how they made it down. we're live at the breaking news desk. gladly, they did. plus, the man who claims he was framed by his own wife for sending ricin-laced letters to the president is now speaking

out. what he has to say about her possible motive and what that could mean for the case against her. our legal panel takes it up just ahead. ♪ ♪ anyone have occasional constipation,

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jenna: welcome back, everyone. the white house is the place to be on a day like this, and we're waiting for the daily briefing to get under way any moment now where the white house press secretary, jay carney, comes out. he's going to be getting a whole bunch of questions on the multiple growing scandals facing the obama administration. ed henry is live from inside the briefing room, and although it is the place to be these days, and you're really in the heart of it all, what do we know about how americans are being affected outside the briefing room? how much are these scandals really affecting the administration? >> reporter: we're expecting the briefing to start at 12:30 eastern time, we've just gotten a two minute warning, so i'll have to talk faster. a fox news poll gives a snapshot

of what people think about these controversies. take a look at this, how much confidence and trust do you have in the federal government? a great deal, only 5%, a fair amount, 33%. not that much, 41%, none at all, 22%. what best described how you feel about the country's political leaders? confident and proud? 23% say that. is this the best we can do? 71% say that. and then you've been talking about fb with i director mueller testifying about james rosen and the justice department issue, was the seizure done for political reasons, 63% say that's the reason, 29% say national security reasons. but interesting that even as the government's sort of taking a pummeling there, the president in our latest poll, his approval rating is 44%. -45% last month. people upset at the government, maybe upset at the administration and the handling of this, but the president's own job approval rating is staying steady. jenna: we know you're going to have to sit down, ed, so we're going to leave it there. plenty of questions too.

bill clinton came out with some interesting words about the president and his policy in syria. so we'll wait and see what we hear from jay carney. ed, thank you very much, and our viewers, we'll bring you back there if we hear anything more. jon: now a fox news alert on a news conference just wrapping up now on an infur know burning across parts of colorado. we are hearing now that more than 360 homes have been destroyed in a massive wildfire. that's up from a record fire last year. alicia acuna live in monument, colorado. any other updates out there now? >> reporter: hi, jon, yeah. what this press conference actually did was confirm some frightening possibilities that they were facing yesterday in that this fire has now surpassed, as you said, the wall go canyon fire which he covered heavily last year, the waldo canyon fire burned 346 homes when all was told after 100% containment. this fire so far has burned and

destroyed 360 homes, and right now they aren't even talking about the possibility of containment. take a listen. >> we're not at a point right now where we can actually declare containment. i mean, it's kind of a loose term when you're dealing with winds that are exceeding 20, 30, 40 miles an hour. i think we're expecting winds in the 30s, gusts up to 35. so it's really difficult to declare a containment, and until we know we have a solid foothold and that we can hold that line for 24 hours -- >> reporter: 15,000 acres have burned so far since this fire be that started just two days ago. over the past 24 hours, jon, the fire actually grew twice as much more than what fire fighters were anticipating, and that's because of the hot weather and the erratic winds that usually hit in the later part of the afternoon. jon? jon: so if they've got no containment, what are they saying about strategy here? >> reporter: this should be

pretty telling to you. the sheriff always said they're kind of waiting for the weather to tell them what to do. now, with that said, i with tell you in terms of resources they brought in some of the most powerful fire fighting resources that they can get their hands on in this country. a dc-10 just yesterday was over the fire area and will be up in the air again today. now, the dc-10 can carry up to 11,600 gallons of fire retardant, and they're doing large drops. the c-1530s are doing the large drops as well. they're doing what they can to follow the wind. but right now the weather is in charge, and can that's the problem. so they've had to evacuate some 38,000 people, and that evacuation order is expected to spread as the weather gets worse. jon? jon: wow. alicia acuna in monument, colorado, thank you. jenna: brand new employment numbers raising new questions about the job market. what will it take for employers to really step up their hiring? we're going to take a closer look at just how many new jobs

we really do need. and stuck dangling more than 500 feel above new york city. how rescuers saved the lives of two workers after their scaffold collapsed. we'll show you more of that video coming up.

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jenna: an update now on this plant explosion we've been watching in louisiana, about 20 miles southeast of baton rooming. this is what we have here video, brand new video, in fact, of this explosion, the fire that continues to burn. what we're learning is alarming, quite frankly. you have more than 30 people, according to the associated press, that have been taken away because they've been injured. we don't have any word of fatalities yet, but still a lot more information to be gathered.

residents in the area are being told to stay indoors and keep their windows closed because of what potentially could be released into the air. this is a petrochemical plant, ingredients to make plastic are made at this plant. local officials say they've already tested the air and so far they haven't found a dangerous level of chemicals in the air but, obviously, taking a lot of precauses. that's the -- precautions. more than 30 injured according to the associated press because of this plant explosion and also a warning to residents to stay indoors. we'll stay on it as we hear more. jon: some new information now about a dramatic rescue that brings one of the busiest areas of new york city to a grinding halt. rick folbaum joins us with more on that. >> reporter: definitely not how you'd like to spend what was a beautiful day here in new york city. the good news is these two guys you're going to see are okay. but they definitely probably had their doubts hanging 500 feet in the air with wind gusts blowing them around.

apparently, one of the motors on their scaffolding cut out while they were working on that skyscraper's 45th floor window, they were cleaning them, and that's where they stayed for about an hour and a half before firefighters were able to cut through the glass and pull them in through a hole. this is the brave firefighter, you're going to hear from him in a moment, who grabbed them and brought them to safety. >> what's getting from the scaffolding inside? >> we were able to tie off the scaffolding from the inside of the building, pull it tight to the building, one handed, hang one hand outside, and they were on their ropes, and we -- with the members of the roof, they lowered as we walked them in. >> [inaudible] >> say three feet. >> has the guy who was -- as the guy who was out there -- [inaudible] >> we drill on this a lot. we practice it. you know, at the training facility. >> reporter: so just another day at the office for the firefighters. 60 of whom responded to this emergency, as for the two

workers, once they got inside, jon, they were all smiles. no serious injuries and very grateful for how it all worked out. jon: yeah. i heard one of them actually went to the gym after he got home. just kind of. shrugged it off, yeah, i'll have a little workout. >> reporter: i think i would have had a drink myself. [laughter] jon: rick folbaum, thank you. jenna: there's nothing wrong with doing both, right? why not. jon: have the protein after, we just learned. jenna: brand new numbers on the jobs front, 340,000 americans filed for unemployment in the latest week, and that's actually near a five-year low. this comes, though, amid new questions about how many jobs need to be created to get unemployment back to normal, and when we say normal, what's normal for unemployment is around 5%. we're at 7.6 right now. a report by the chicago federal reserve estimates we only need to create 80,000 jobs a month to keep the jobless rate steady. that's significantly fewer than what's thought to be needed just to keep up with population growth. but if we look at the atlanta

fed, they have a job calculator, and this is what it says. if you want to bring the unemployment rate down to 6.5% by this time next year, we need to create more than 220,000 jobs a month. so what gives here? what do we really need to do? senior economics writer for "the wall street journal" steve moore is joining us. steve, some of the top economists in the country have different ideas about the mission at hand, to bring unemployment down. so why such a difference of opinion? >> well, jenna, i'm a top economist -- [laughter] jenna: that's right. that's why we're talking to you, steve. [laughter] >> look, i think the higher number is much closer to the truth. you know, let's just talk about where we are right now, jenna, with jobs. you know, the unemployment rate's 7.6%. if you count people who have given up looking for a job and you count people which is an increasing number who can't find a full-time job, jenna, you're talking about close to 20 million people. i think the real unemployment rate in this country is this broader measure which is closer to 14%, not 7.5 percent.

now, by my calculations, jenna, i believe we have to about double the number of jobs we've been crating for the last year. we've been about 175,000 jobs a month, we need closer to 300 to 350,000 to start really making a dent in that unemployment rate. and, jenna, you know, this has been an expansion. we're now in the fourth year of a recovery, and we still have four million fewer americans working today than 2007. that's amazing. jenna: so where do we get those jobs? if we needed to create, as you mentioned, the 300,000, 400,000, that's what we really need, where? >> well, hopefully we're going to see this housing expansion pick up. that means more construction jobs, more realtor jobs, that would be a nice place to start. we are starting to see a little bit of a renaissance in manufacturing and factory job ands in the united states. that would be good to see. and by the way, you know, do you know what industry today in america is creating the most jobs, jenna? jenna: um, health care? >> well, that's up there in the top three, but what i was going

to say was the oil and gas industry. jenna: that's right. >> the oil and gas industry is creating huge amounts of jobs, and those are good-paying jobs, by the way, $75 -- $100,000 a year. it's ironic, isn't it, that the oil and gas industry is doing so well under barack obama's presidency, and he doesn't like that industry very much. [laughter] jenna: well, we'll see what happens with keystone. big article, by the way, on the front page of the "wall street journal" on the oil boom. just real quickly, steve, we only have a minute, you know, we talk about the mission at hand, right, dropping the unemployment rate, but it seems like a lot of americans are feeling better about the economy. do you really think the goal is to continue to drop the unemployment rate, or are we kind of at a new normal where maybe 7% is okay? >> you know what? jenna: how does that work? >> jenna, 7% would be a big improvement over where we are now. i'm going to end this on an optimistic note. i think we are going to see some healthy job growth over the next six month toss a year. and by the way, the number that

came out today, that was a pretty optimistic number, the lowest number of new unemployment insurance claims in, what, i think it was five years. jenna: an optimistic top economist of the united states of america. >> there you go. very rare to find. [laughter] jenna: steve, thanks for working through those numbers. we appreciate the perspective and always look forward to talking to you. >> thank you. jon: nice to have some good news. hey, some massive storms are on the move right now, and there already are reports of possible tornadoes. we're tracking all of this dangerous weather hitting the eastern seaboard now. plus, an aspiring actress accused of framing her husband for sending ricin letters to president obama. she goes to court tomorrow as her husband speaks out about the reasons he believes she might have done it. man: i know the name of eight princesses. i'm on expert on softball. and tea parties. i'll have more awkward conversations than i'm equipped for, because i'm raising two girls on my own.

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jon: a fox extreme weather alert now on a massive storm that's on the move. that powerful system heading east now after pummeling parts of the midwest with rain, hail and high winds. more than a dozen tornadoes also reported. meteorologist rick reichmuth live in the fox weather center. rick? >> we have this another say eight or ten hours of this, severe element. this is last 24 hours loop of this storm. yesterday afternoon it all exploded around wisconsin, and illinois. moving across the ohio valley, the first batch exiting the eastern seaboard

but we'll see another batch move on this. here is our severe threat and this has changed a little bit. a brand new mod raft risk area. it included places like philadelphia, atlantic city and d.c. but it moved farther towards the south now and parts of northern, north carolina. that is where we may see tornadoes later on in the afternoon. thunderstorm watch box for parts of west virgina and kentucky that expires at 2:00. new one for parts of tennessee, virginia and maryland that goes to 7:00 tonight. we could expect to see some of that severe weather. we have some of these storms right now across west virgina, into virginia, around the central area of the appalachians where we have winds well over in excess of 60 miles per hour. the northern side of this is incredibly heavy rain. this ground is really saturated from all the rain we've had over last couple weeks. it doesn't take much additional rain to cause flooding. p so much of these spots will see, pretty much

everybody seeing at least an inch, you. but a lot of places will see three to five inches of rain especially where you see the yellow. up towards new york and connecticut. because of that still looking at flood watches in effect. 14 states still with some sort of flooding threat, either flooding going on or we'll see that imminently as we move forward in the afternoon. jon? jon: looks like a messy drive home, huh. >> sure does. jon: rick reichmuth. thanks. keep an eye on it for us. jenna: we told you a little bit about the weekly jobless numbers. steve moore said housing might be a bright spot in the economy. which leads us to our small business spotlight where we look at entrepreneurs in this economy. bob richter is an interior designer and owns a firm, richterdesign.net. he is also on the pbs show, quote market warriors". what do you see with the housing market as far as in this economy. >> people are holding on

literally to their homes, their stuff. people are more interested what is the value of things. when i first started interior design, it is in my blood. my family business started in 1936. they sold it in 2005. jenna: wow. >> i've always been involved in antiques. people are now interested in selling antiques and rediscovering what is in the at tick and bringing it downstairs. jenna: a lot of people we hear from the viewers, the economy still maybe there is a lot of tentative feeling out there about where we're at. how can you do more with less? do you have any tips for us? >> yeah. if something that you own has good bones, take a second look at it. my grandmother had the same couch from 1939 until the year 2000 when she decided to redecade it at 90. i think if things have good bones, you can recover them. you can paint them. you can change them a little bit. free markets have lots of things that you can find that you can do that. jenna: i'm really curious about the flea market and

what you see in it these days. compare where the flea market is now where it was before the recession. let's say five years ago. what kind of changes have you seen? what do you think that tells you as a small business owner about where the consumer is at right now? >> well, one of my mantras is always multiple revenue streams. in addition to doon i also deal in antiques. i see vendors also have other jobs. it is not their only job. like somebody else, somebody is an accountant but sell antiques on the weekend. people are embracing their passions and selling at flea markets. i'm seeing more vendors from different walks of life. other vendors around for a long time are selling on the internet. i don't see the old-timers as much anymore. jenna: are there deals? are they more competitive. >> can i tell you something? jenna: please. >> there is enough lamps on earth to go to flea market and not go to big box store. things you can buy at a flea

market literally one tent of the price. jenna: maybe the opportunity is to go to plea markets and buy some good stuff. you have been in business for several years. obviously your family for such a long time. as you look on the horizon, what do you see? >> i see people embracing older homes again. all of this clamor over new construction, people are going to look at these enormous boxes, cathedral ceilings and say, you know what? where is the character? let's go back to the victorian. let's find the cool art deco style because people are adding it to the new construction. why not take a look at stuff that already exists. jenna: i'm done with the show in 20 minutes. my office is a mess. i need help. >> let's go. jenna: i'm needing bob to come in -- come on, bob. >> i specialize in sprucing up, yes. jenna: i need a lot of help. those are great tips. i really appreciate it. >> my pleasure. >> thank you very much. jenna: jon, how is your office? jon: my office is a bigger mess. come see me first. jenna: there's a line for

bob now. jon? jon: thank you. her husband says she framed him. now a woman who has actually had roles in some shows you might have watched heads to court after saying she is not the one responsible for mailing those ricin letters to president obama. her husband though is finally speaking out with his side of the story. we'll get into that case coming up i want to make things more secure. [ whirring ] [ dog barks ] i want to treat mo dogs. ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better.

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jon: "happening now", the texas husband who claims he was framed by his own wife for sending poison-laced letters to president obama. he is speaking out now. she is 35-year-old shannon richardson, accused of calling the fbi and claiming her husband was the guy who is behind those ricin letters addressed to the president and also new york city mayor mike bloomberg. nathaniel richardson explains why he thinks his wife, an actress, did it. >> i have theories of she wanted to get her face out there and also she wanted to destroy me. >> you think part of why she may have done this is publicity? >> she wanted to be an actress. she really did. >> any signs that she was capable of something like this? >> besides that she is very

intelligent, not really. >> just out of nowhere, your wife points the finger at you as the ricin guy? nowhere, no hints? no suggestions? >> nothing that comes to mind. i mean if i would have saw something earlier on, that i thought would point to anything this dangerous and, i would have blown the whistle on that a long time ago. jon: all right. let's delve into this case with ashley merchant, former public defender, now a criminal defense attorney. dan schorr is a former prosecutor. weird case. first of all she is pregnant with his child. she has, i think four other children from previous relationships. this is a mother. she has had some bit parts on some cable television shows like, "the vampire diaries" and so forth. ashley, you ever seen anything lying this? >> this is cry for help and cry for publicity. my heart breaks for the family and children because if she did this for publicity it is very sad. i have seen things like

this. i would love to see her evaluated if there is something going on beneath the surface that she needs help for. jon: dan, she apparently called up the fbi, said hey, the letters that went to president obama and mayor bloomberg, that had ricin on them, my husband is the guy who sent them. turns out, according to the investigation so far, turns out it was her? >> right. this is not the type of case the fbi was onto her and told them it was her husband did it. she apof affirmatively went to the fbi. this is important concept when law enforcement has allegation someone broke the law, they need to go beyond the surface. not just say someone appears to do something and evidence to corroborating it we'll arrest them. they investigated her. her story was not consistent. she failed a lie-detector test. that is not admissible in court but a powerful investigative tool to get to the truth. jon: he has filed for divorce, maybe not surprising. you know, she is being held,

no bond right now, ashlee? >> this is not surprising this type of situation. a lot of times when folks are going through divorce or some type of a family situation like this for one party to lodge a criminal complaint against another. it is not uncommon at all. the state and government --. jon: let me be clear. he filed for divorce after she told the fbi that he was responsible for sending these letters. now clearly he is saying to himself, look, i didn't do this she is implicating me, i'm out of here. >> there had to have been something going on. for her to do this and implicate him in this scheme and him to file for divorce, it could not have been a happy marriage at that point. jon: or she might just be crazy. >> which is why i think they should have an evaluation. i think the fact that the government is opposing bond is unfortunate because i think she needs to have a mental evaluation to see what is going on beneath the surface. jon: but, dan, he told the cops, he said look, there were no red flags here, nothing going on, that

suggested that she might have this capability because apparently she did, you know, order the ingredients and created some form of ricin, according to what we're learning from law enforcement. >> right. and she's clearly not a well-adjusted person. even though she is incarcerated she could still get evaluated for mental issues. it will be tough to assert any mental disease or defect defense because it is such a thought out planned crime, getting materials, making the ricin. if she really said her husband did it, that shows she knew it was wrong, she knew to blame someone else. according to the fbi affidavit she is maintaining her husband forced her to do it. there are more facts that need to be uncovered her. jon: we'll keep an eye on this case. my hat off to him, look, i'm not going to be angry, i'm done with that. good for him. ashley, dan. thanks. we'll continue to talk this case. have you on again to talk about it more as it develops. >> thank you. >> thank you. jenna: we have you are surprising fox news polls on the benghazi scandal.

the white house has been avoiding any sort of political price for this foreign policy disaster. that may be changing though. rick folbaum on that just ahead.

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jenna: a tragic development in the investigation of that deadly building collapse in philadelphia that was really breaking on our air last week. as we today that the inspector who checked out the building back in may killed himself. he was found dead in his truck last night with a self-inflicted gunshot wound. the downtown building was being demolished when it collapsed last week onto a neighboring salvation army thrift store. six people died. two employees dead and four customers there. a horrible event. there still aren't a lot of answers for but this tragic

development we wanted to bring to you. jon: there's some new insight on how americans feel about the benghazi scandal now. the september 11th terror attack on the consulate in libya left four americans dead including ambassador chris stevens. rick folbaum is in the fox news studio with the latest "fox news poll". >> reporter: we're crunching the numbers, jon. we thought maybe it was a concern for republican voters suspicious of administration and its response to the attack but the new poll says that is changing. according to a new fox poll, majority of americans feel that the president let election year politics played a role not to stage a rescue attempt while the u.s. consulate was under attack. 56% say it was politics. 26% said the president believed what military commend, were telling him that nothing could be done. whether congress should continue to investigating

administration's handling of the attack, 78% said yes and that includes the 68% of all democrats asked. the president rom missed those responsible for the attack would be brought to justice. we asked people about that as well. only 47% of those polled said they believe that will happen. 48%, jon, they say believe the attackers will never be caught. the polls were conducted this sunday, monday and tuesday. so within the last few days. they have a margin of error plus or minus 3%. back to you. jon: that is a fascinating snapshot what americans are thinking. rick folbaum. thanks. jenna: a lot of heavy news a lot of big topics. you about we want to end possibly with the cutest video we've seen for a long time. a surfer catching his very first wave. wait until you hear how old he is is. you will see the video just ahead.

here we go. 3-year-old chase's first wave ever. this video off waikiki beach. his dad is helping him get the hang of it. there he goes. he does great. >> he's got the expression and everything. have you ever surfed, jon? >> i have not. right into the water. >> dad says he loves the water. he's having a good time. watch this smile. he's going to light it up here.

>> as soon as they get over this wave. >> can we have some beach boys music? >> i've surfed before but i could use a lift kind of propping you up? i can get up for like a second and that's it. >> thank you for joining us. "america live" starts right now. we start with a fox news alert on some significant new polls suggesting a growing crisis of confidence in our government and our political leaders. welcome to "america live," i'm allison cam rot that. as the obama administration tries to deal with a string of political controversies, americans are beginning to voice serious doubts about the credibility of this administration and our government as a whole. according to brand new fox news polling, 68% believe the white house is not telling the truth about the targeting of the president's political foes by the irs. 63% believe the obama justice deparen