know you are feeling positive and our thoughts and prayers and our support aware you. i'm jon scott. >> appreciate it. >> jon: keep it right here on fox news ♪ ♪ >> gregg: hell oim oh i'm gregg jarrett. welcome to america's news headquarters. >> heather: i'm heather childers. attorney general eric holder agrees to answer eight questions in how they treated james rosen. >> gregg: and they are confirming that the c.i.a. will be delivering weapons to syrian rebels. >> heather: we have brand-new details into the deadly chemical explosions in louisiana this week.

>> gregg: we begin with the most destructive wildfire in colorado history now burning nearly 500 homes. that fire broke out earlier this week near colorado springs, tens of thousands of residents forced to flee their homes. >> the wind shifted north and smoke was so bad it was mandatory to leave. this house was ready to go but the girls got out of the horse running from the flames but they lost everything. >> i wanted to make sure they thank the firefighters for being on the front line. >> gregg: some evacuation orders, firefighters make progress. here is the latest. >> reporter: and they say they have made significant progress. just receiving a briefing and toll they are at 45% containment. this is fantastic news for the residents here near colorado springs, however,

473 homes have been destroyed. it's most destructive this state has ever seen in terms of a wildfire. this is what the sheriff had to say about what crews are seen back in the burn areas. take a listen. >> it's been used by deputies, a term was used that it looks like a nuclear bomb and you can't recognize about whether it was house or some kind of structure. that is the level of incineration and destruction that took place in some areas. >> reporter: and while firefighters continue to work to battle this fire, they are also running into a different problem. because there are tens of thousands of people that are still evacuated from their homes and roadblocks in place, there are people that are sneaking in through the wooded area trying to get back in to see their property. this not only creates a danger for these folks but a problem for fire crews and law enforcement. they are trying to prevent any sort of looting going

on. as the district attorney said they will to the go lightly on anyone that does it. people have to show their identification to get back into some areas where the evacuations are being lifted. in terms of the burn area, they are not letting people in. there are still hot spots. fire crews really need to stomp out entirely because the winds have a tendency to pick up in the afternoon. that is forecast again today. they can't allow people to get back and trying to prevent people as anxious as they are around this time four days ago, they are trying to keep people out of that area. they have a whole other battle as they are continuing to try to get the rest of this fire out. >> gregg: tough situation. we'll check back with you. thanks. >> heather: meantime, dry thunderstorms expected in central colorado where firefighters are battling the flames and raising

concerns that lightning could cause another fire. meteorologist janice dean is live in extreme weather center with more. dry thunderstorms? >> yeah, what that means it is so dry across this area that any moisture doesn't hit the ground. it evaporates before it hits the ground and you are left with what they call dry lightning and gusty winds. not helping at all in terms of moisture and if we get those dry thunderstorms it could spark more wildfire danger. look at the explosion of wildfire activity we have across the west. over a dozen wildfires burning in six different states. of course, we are very focused on colorado springs, that area where they had seen their biggest wildfire in history. we are starting to see some shower activity moving in. as we mentioned we're into a drought so all that moisture could evaporate and just left with those

gusty winds and perhaps lightning that could spark more wild danger. cooler temperatures, we'll get a little bit of moisture in the atmosphere but the dry lightning has led to the potential for red flag warnings as well as high fire danger across this region, not only today but tomorrow and really into the early workweek. good news that firefighters have contained 45% of this wildfire. bad news is mother nature not helping out that much when we talk about those dry lightning, dry thunderstorms that could invade the area over the next several days. if i could, i wanted to show you the potential for strong to severe thunderstorms across the central u.s. in areas that have been battered by tornadoes. look at shawnee, oklahoma, that area saw devastating tornadoes in the area and potential for more thunderstorms throughout the afternoon and the evening. an area we need to keep watch and yellow, isolated

tornadoes through the region that was ravage by tornadoes over the last couple of weeks. not great news in the extreme weather center but we'll keep you updated through the afternoon. >> heather: that is why we have you there. thank you so much. >> gregg: deadly explosion in a chemical planted in louisiana. this is second in the last 24 hours. this blast killing at least one person and injuring several others and it burned for more than three long hours. no hazardous materials have been found. town sheriff describing the scene. >> this was an isolated incident that was immediately contained. there was never a threat of another incident, but i want to assure the neighboring communities, there is no threat of off-site impact and there was never a threat of that. >> gregg: this is hard to believe because it comes a day after another powerful

explosion in the very same area. thursday's massive blast at a different chemical plant killing two people there and injuring dozens more. it remains unclear what caused these two explosions. >> heather: attorney general eric holder back in the hot seat on capitol hill expected to meet with members of congress next week to explain unquestionable testimony -- or questionable testimony that he had no knowledge of the justice department's controversial surveillance of reporters. molly henneberg joining us live in washington with the latest on this developing story. >> molly: here is the issue for attorney general. after he made those statements to the house engineer committee it became public -- house judiciary committee it became public and they will give him a second cans to explain what he said. the chairman of the

committee that he has agreed to respond in writing by the end of business on wednesday and he will brief lawmakers in a closed-door session in the coming weeks. he says he wants to hear more from holder so, quote, he can further clarify the actions of the justice department regarding the search department they obtained for james rosen's emails. american people and congress deserve answers and accountability from the attorney general. we expect to have all our questions answered completely. >> holder testified before the house judiciary committee on may 15th and was asked about the rosen leak investigation. this is what he told lawmakers. >> with regard to the potential prosecution of the press for the disclosure of material, that is not something i've ever been involved or heard of or would think would be a wise policy. >> molly: department of justice followed up that james rosen was never prosecuted so his statement

is accurate. >> heather: molly henneberg, thank you. >> gregg: fox news alert now. obama administration is laying out some of its plans for arming the syrian rebels. president announcing that the united states would provide military assistance after evidence confirmed the assad regime that they have been using chemical weapons to attack its own citizens. >> arming the rebels took place through, sharing a border through north syria but there are thousands of troops south of the country in jordan for an annual exercise. those troops will stay there as opposed to pulling out as they normally would. fox news confirming that the c.i.a. will deliver the weapons. this while the administration national security advisor says the country needs to be warm where the weapons are going is why it's such a

sensitive situation -- needs to be wary. >> it allows protections from people that we don't want to receive weapons. >> reporter: republican senator orrin hatch says they have known for weeks that he had has used chemical weapons and way the administration has handled it makes it difficult to be handled by the world. >> the president is fond of drawing lines in the sand but people cross them all the time and nothing is done about it. you can't sit back and do that and be respective of the world. >> and russian officials are speaking out today any attempts to enforce a no-fly zone would violated international law. gregg, back to you. >> gregg: thanks very much. >> heather: the white house is just releasing a

statement that it respects the votes of the iranian people following the announcement that moderate cleric one yesterday's presidential election. tally shows 36 million votes was enough to push him over the 50% threshold that avoids a runoff election with the second place candidate who received less than 17 of the vote. he was the only cleric in the presidential race. he had previously served as iran's chief nuclear negotiator. we're watching what appears to be some pretty serious turmoil going across the middle east but often what is happening is muslim moderates struggling to make their voets voices heard, whether the ballot box in iran or streets in turkey. they are rising up. lauren green with more on that. >> reporter: you know it is confusing on the worn hand we see violence committed

by some muslims and then come claims by other muslims that the religion is peaceful. reality depends on who you ask. >> the united states is not at war with islam. >> president obama speaking out to a muslim man, allah ago car beheads a soldier. a small number of muslims made horrific acts but some say it's a peaceful religion. >> others say it is not. >> islam itself is violent. the commands in the koran are clear about that. >> it comes how muslims interpret the book. moderates like this doctor says it's for a specific battle in ancient history and no bearing on muslims today. others disagree. >> they would say these

commands are open-ended and can be applied at any time. >> there is a battle waging within islam. moderates like him have a more difficult time being heard. >> we have been out resourced and out maneuvered in the media and government doesn't want to listen to us because the islamists have exploited muslims for victimization and allows them the hard work that we need to do in the muslim community. >> they both agree that the problems is only one voice speaks for all muslims but factions with radical elements like the muslim brotherhood have become the loudest voices. >> heather: plenty of business in washington, surprise, senators rushed to get out of town for the weekend. i think that the first time. >> gregg: they do it all the time. >> heather: brand-new poll

numbers about their job. >> gregg: big developments in the fort hood shooting suspect, nidal hassan is preparing to defend himself but he may need a whole new strategy in the case. >> heather: newly released audiotape the frightening moments when this happened. a sports bar collapsed. it was full of people and several were injured. when i first felt the diabetic nerve pain, of course i had no idea what it was. i felt like my feet were going to sleep. it progressed from there to burning... to like 1,000 bees that were just stinging my feet. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause rious allergic reactions or suicidal thoughts or actions.

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and know you're not on your own. so you can get the reloadable card that keeps up with you. chase liquid. so you can. ♪ ♪ ♪ >> heather: quick check of the headlines for you. an egyptian plane bound for new york making an emergency landing in the u.k. british fighter jets escorting the plane to glasgow after they found a letter to blow up the aircraft. >> police storming a hospital after a gunmen took over sections of the building. it comes after a five people were killed. and for nelson mandela, he is recovering. the leader is being treated

for a lung infection. doctors say he remains in serious condition. >> gregg: capitol hill looking like a ghost town. senators taking off early, many catching flights back to their home districts on a week lawmakers from both sides of the aisle are slamming the nsa. less than half the senators attended the briefing by the director of national intel, even critic rand paul left early. all of this coming when 37 of americans say they have trust and confidence in the federal government. 63% say they have little to no trust. 32% say they approve of the job democrats and number is lower for republicans. john fund is columnist for national review magazine and co-author of the book "who's counting."

i suppose we can empathize for senators, sitting down with clapper, he the guy that denied the surveillance that is now conceded. what is the deal with the senators. next day they don't bother to show? >> some senators care about intelligence issues. some smrs have purchase to fly home early for father's day weekend and obviously that took priority for some. i think more than the fact that we have the symbolic absence of senators at a briefing, remember, it's the obama administration doing the briefing, i think its larger problem. that is, i wonder if congress can exercise any kind of oversight. >> gregg: that is good pointed. they may be rather i am potent when it comes to oversight. you could feel it in the comments of dianne

feinstein. she chairs the intel committee and clearly frustrated that a senate colleagues as they may informed as they are. we have discussed this, we have voted on this in committee on the floor, people should go out and see how the program is set up. see how it is connected. ask questions and come to the briefings. rand paul skipped out early and he is big critic of this whole thing. if members of congress more diligent and better informed would they be last apt to grandstand on things they no little about? >> wait a second. james sensenbrenner who is now retired, i'm not going attend those briefings because i learn much less than people think, barely more than what is in the morning papers. if i talk about the program, i can be accused of leaking classified information because all these briefings of classified.

some members don't attend in order to protect themselves if they are not going to learn a whole lot. >> gregg: the merits or demerits notwithstanding, i wonder if it's symbolic of what the fox news poll found. 70% feel the federal government is out of control, that it has become so big, it can scarcely be controlled. do you agree? >> certainly now. we have an absentee president that spend details with management. we have seen that over and over again. we've seen a congress that increasingly transfers responsibilities to elected bureaucrats, whether epa or sec or nsa. my view that the government has gotten so big, so sprawling, the unelected bureaucrats run the show from day to day. only when something like this happens we start asking questions. we need to step back this,

whether its good or bad idea, we need to repair congressional oversight, someone is watching the watchers. >> gregg: the initial reporting created shock waves among most americans. obviously, some of the media didn't help with rather hysterical denunciations before they knew the facts. since then, this is actually data collection, meta data as it is known. less than 1% is actually accessed, meaning the contents of the communication is looked in to. only then, is it accesswood a further court order based on evidence of terror ties. john, is the "wall street journal," for whom you used to work, is there little scandal here, that is what they claim? >> i think the scandal is in the breakdown of the oversight system.

sometimes only four members of congress have access to this information, sometimes they include the speaker and minority leader. i think that is too few. asking every member of the congress to keep it quiet, probably too much to ask, but we do need more oversight. right now i don't think we actually know everything about this program. i don't think members of congress are being told the truth now. regardless of what we know is a big problem, its warning sign that we don't exercise enough control by our elected officials over these unelected faceless bureaucrats. >> gregg: part of the problem so much is classified. mike rogers -- too much and overclassified, i think. mike rogers who heads the intel committee that th program has disrupted major

domestic terror attacks. i wonder if the information should be declassified so americans can learn how successful or not it is. if they are able to understand it in the proper context, what it has accomplished maybe they would be more willing to accept it? >> sure. let's presume a dozen attacks have been thwarted. you would think with the passage of time can be dealt with detail and those details may be helpful in building support for the program. if the details are not forthcoming there will be question, are you blowing it up too much. would conventional methods helped out the thwarted go of terror plot anyway. >> gregg: good point. thanks. >> dick cheney has plenty to say. he will be krigs wallace

guest tomorrow. catch it right here at 2:00 p.m. and again at 6:00 p.m. eastern time. check for show times on your local fox station. >> heather: investigators examining twisted piles of debris trying to figure out what caused a waterfront bar deck to collapse near miami. it gave way thursday night and hundred people were on it, injuring two dozen fans. most were treated an release from hospitals. police releasing the frantic 911 calls. >> miami-dade police and fire. where is the emergency? >> i'm at the bar and grill the deck has completely collapsed. they are in the water right now. >> so the deck collapsed and everyone is in the water? >> totally -- >> heather: an engineer

people jumping up and down could have put an additional load on the deck. >> gregg: new turmoil in turkey, rival rallies erupting in the congress ease capital. >> heather: and republicans on the move changing the date of g.o.p. convention could putting the general election. for his small business. can i get the smith contract, ease? thank you. that's three new paper shredders. [ boris ] put 'em on my spark card. [ garth ] boris' small business earns 2% cash back on every pchase every day. great businesses deserve unlimited rewards. read back the chicken's testimony, please. "buk, buk, bukka!" [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles e every day. from capital one and earn unlimited rewards. told you i'd get half. what's in your walle

♪ ♪ ♪ >> gregg: welcome back. time for the top of the news. chairman. republican committee that moving the g.o.p. convention from june to august could improve the party's chance of winning the general election. >> heather: u.s. border patrol agents in arizona say 177 people, saved them from sweltering temperatures. border crossings are down but migrant december are on

the right. >> gregg: one person is in custody after flight bound for denver. that flight was operated by frontier airlines coming from knoxville. riot police in turkey clashing with anti-government protestors in istanbul coming shortly after the prime minister issued a very strong warning against the demonstrators. leland was right in the middle of crowd is live in istanbul turkey with the latest? >> the prime minister said his security forces knew how who clear the park and square. 30 minutes after he said that, did it come. you step out of shot and you see the last bit of hard-core protests. these guys have been pushed 300 yards by water cannons and taken refuge in this

hotel area and surrounding that, you can't see it because it is so dark -- is the riot police. this is the final standoff. we have video to show you earlier from when we out there in the crowd. a lot of protestors have been in the park for weeks now. they say it's something along the lines of a dictator and he is using police brutality. you can judge for yourself. he has turned into something of islamic leader and turning the secular stated into an islamic country. at the same time a massive government rally was wrapping up in the capital of turkey where the prime minister delivered a rousing speech to tens of thousands of supporters. this goes to the divide that we are seeing here in turkey. we spent a few days here in istanbul talking to the protestors, young secular, a lot of professionals, accountants and lawyers and

doctors say they do not like the direction of their country. where does it go from here? the protestors have been camped out n park. some of their tents are still there. the riot police prevent them from going back? it's still too early to tell you about early enough to tell that the violence is not yet over. >> gregg: lae land, stay safe, keep that gas mask close to your head there. thanks very much. >> heather: bankers, business owners and government officials meeting this week to talk about ways to get more capital into the hands of small business owners. groups having different views on whether loans are available. what does need to be done to get small businesses back up to speed?

its talk to ed, managing partner of chapwood investments. according to the sba. small businesses make they create many net nay jobs, are they being denied the capital to survive and prosper? >> it's a very interesting discussion. should the government really be that involved? are their loans to be had, of course there are. there are loans out there and the companies or small businesses are being asked to put up a lot more to get those loans than they did many years ago. some could argue that is appropriate which i do believe so, as well. some of the banks have to be under great scrutiny. they have to take care of their own business model as well as helping other businesses borrow money. the bigger question, heather, way you phrased it should government really be that involved in our

businesses? i think we need to get the economy going and small businesses will do better. >> heather: and the answer depends on who you talk to and what stats they reference. you talk to bankers, they will show data released by independent businesses and that showed the null of employers difficulties securing a loan that it dropped six percent in may. then folks from the sba outstanding loans have declined 17% since 2008. so does kioyd down to the numbers? >> it does. it depends on what types of businesses you are in, what growth usual in, what part of united states you are in. it's not a simple answer. again, if we get the economy going, maybe a lot of businesses won't take out loans. small businesses, everybody should small business owner today. it is tough. and i was listening to leland, that is sort of what it is like to be a

small business owner today. you have craziness going on, rising costs and rising taxes. it's very tough to be a small business owner. get your house in order to get a loan, it's a difficult thing. big companies seem to have an easier time at it because they can float notes and bonds to finance their inventory. >> heather: to end on a positive note. there is some good news, confidence numbers, optimism for small business owners, they rose to 94.4% in may, but the same reason as before the confidence hasn't stuck. do you think it will this time? >> i have a hard time with the confidence number. you can't buy anything with confidence number. confidence is nice and optimism is nice and up to levels that we've seen before. we hope it sticks there, but that does not make the economy strong. confidence numbers is great, but it doesn't mean economic growth. that is what we need right

now. >> heather: less government involvement? >> i just don't want the government involved with business. i don't remember in my 27 years where so much discussion the government being involved with business. get the government out of the way and let the free market ride. >> heather: thank you so much for joining us. appreciate it. >> gregg: big development in the fort hood shooting case as it is about to go to trial. a military judge banning the suspect's defense. our legal panel convenes right after this. hey kevin...still eating chalk for heartburn? yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief! ♪ now you can give yourself a kick in the rear! v8 v-fusion plus energy.

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defense of others. can't do it. joining us, eric schwartz and former prosecutor marla. defense of others applies only when two conditions are met. first, the threat posed by the victims have to than imminent and number two, the threat has to be unlawful. plus it's just the opposite. this is lawful war and soldiers in texas did not pose an imminent threat to taliban in afghanistan. some of the victims were not going to be deployed to afghanistan. was the judge correct in her ruling? >> i definitely think the judge was correct in the ruling. as you stated the two thresholds of the law need to be met was not met in this case. as you stated, those imminent threat is not posed, in texas, afghanistan across the world.

obviously that is not an imminent threat. they were not deployed to afghanistan for him to say something, whether this is a lawful war or not is not a question that can be brought before the court as an affirmative defense in a criminal trial. >> gregg: imminent and all the court cases they talk about matter of seconds, minutes or moments. this is not even possible, but, eric, the judge went further. she said that hassan can't present any evidence other even arguments that deploying troops posed an immediate threat to taliban fighters. as a practical matter can she prevent him from doing that? >> that is million collar question. judge was right on the money but as a practical matter she won't be able to tie his hands. he is entitled to a fair trial. what the judge needs do is balance his right to have a fair trial with stopping this trial from becoming a

circus which it might become a circus. at the end of the day this will be a soapbox for jihadism. he is representing himself and go in the courtroom and get his views across. what is really scary for the victims or alleged victims in this case they is going to confront them directly. what his real defense is going to be, at this point in time, it's insanity. judge has made the correct ruling. >> gregg: there is abundance of witnesses that saw him gun down 13 people and injury them quite severely, 32 others. they watched him shot allah akbar and reload his gun and shoot soldiers as they hid under desks and fled the building. this murder cases go, this is pretty easy one for military prosecutors to prove? >> yes, absolutely. i think the reason why he is trying to have an

affirmative defense because there isn't a defense in this case. there is multiple witnesses. many people were injured. many survivors thank god. there are people that can testify and pointed the finger and say this is the man that did it. this is the man that caused these murders. there is no reasonable doubt in a case like this. >> gregg: it's not just the eyewitnesses there, some whom were injured, his computer is filled with evidence of intent and premeditation, two necessary elements of first-degree murder. his emails he writes about supporting terrorists, intrigued with the idea of killing u.s. soldiers in the name of islam. so you would agree with marla, would you not, nothing is a slam-dunk but very strong case for the prosecution, nearly impossible for the defense? >> nothing is slam-dunk. i do always believe there is a reasonable doubt. the problem is you are going to have men and women on the jury that have served over in afghanistan

that are on this jury. he is going to attempt, even though the judge has made this ruling to make this argument he was justified. this was defense of others. intent is always difficult to prove. here emails, eyewitnesses, certainly difficult case but nothing is ever impossible in the criminal justice system. >> gregg: and acting as his own attorney. good to see you, thank you. >> heather: new questions as president obama prepares to arm syrian rebels. when l this assistance be enough to end the civil war there. we'll take a closer look. the verizon share everything plan for small busines

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. >> heather: welcome back. president obama's plan to arm syrian rebels is now taking shape. c.i.a. will be in charge of delivering the military aide promised after evidence confirmed the assad regime launched chemical attacks. so just how far will it take to end the civil war there. christian is author of book, smart power, art of diplomacy and war. civil war in syria has claimed almost 100,000 lives if not more. it's gone on for two years. now, the obama administration says there is evidence of chemical weapons and now assad has crossed the red line. what do you make of the timing of this news? do you think it's political? >> yeah, the timing is highly suspicious. as you point out 93,000 dead, we krosed red line

but we crossed it more than a month ago. it's massaging data and waiting for more information. british government, french government new it was chemical weapons. to draw the red line and what is the real rationale for going and doing this. it doesn't seem to be any serious change on the ground. yes people have been killed with chemical weapons but what is more suspicious is the number of scandals hiting this administration and the fact that president obama was criticized by former president clinton saying he is looking like a fool. >> heather: senator john mccain says it's not a humanitarian issue. he points to russian arms and militant groups and had he been fighters along request d hezbollah. egypt calling for world powers to not hesitate to en force no-fly zone over

syria. how far do you this i united states should go and how far is president obama willing to go? >> the time to intervene was two years ago when we could have influenced things on the ground before 93,000 people died and more islamists turned up among the rebels. we have national interests in syria not only pushing against the assad regime but pushing against the iran which is the hidden hand in syria. a no-fly zone would be open ended commitment. it would influence things on the ground but it doesn't necessary it would influence things to the advantage of u.s. interests. it might empower al-qaeda elements among the them. so there is no strategy there but just a lot of talk and the possibility of another -- the problem also with no-fly zones, going to war without a candid explanation to the american

people about going to war and decision by congress to go to war. >> heather: and two years ago the president established the no-fly zone over libya and caused congressional crisis when he did not seek congressional approval there. i want to talk about russia. he is set to meet with vladimir putin on monday. russia is saying that the evidence of the chemical weapons is not reliable. they are going further with not fly zone it would be violation of international law. how do you expect russia to respond to this? does it tell you how they are going to respond, quickly. >> the administration has backed themselves in the corner with the reset with russia, they put a premium on relations with russia and also on the premium on the council. it wasn't to win in libya it was to enforce the international community, president's statement. this administration has put premium on things that can't be controlled. >> heather: i have to wrap

you up. thank you so much. >> gregg: that is going to do it for us. coming up, "cavuto on business". >> heather: we'll see you back here in two hours. join us. >> see you then, bye-bye. hey! did you know that honey nut cheerios

has oats that can help lower cholesterol? and it tastes good? sure does!

wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

>>. >> neil: they might be watching you. is it time to start watching them? glad to have you on neil cavuto. watch out apparently washington does not want you to find out much at all about the snooping. senators closing the door on another secure briefing this week. let me say that is what pretty weak. doesn't the public deserve better? this man of steel who might be smashing box office records this weekend. this man of steel that wants to smack down those doors. [ laughter ] why are they laughing?