we'll see you tuesday. thanks for joining us. "america live" begins now. a damaging new poll with respect to the president's credibility as the administration tries to calm growing concerns over spying on americans, as well as other scandals. welcome to "america live," i'm m megyn kelly. i'm back. the latest poll asks this question, is the president honest and trustworthy? check out the big change, from mid-may before the nsa story broke until now, 58% trusted the president, 58%, and now fewer than half do. as we await a big announcement

from the nsa on terror plots reportedly disrupted by programs that monitor our phone call records and e-mails. national security correspondent jennifer grithe pentagon with t latest. >> hi, megyn. the self-proclaimed nsa laker, edward snowden is taking readers' questions. we have no way to verify it's him. here's an example of questions he's asked. a reader asks him to define what he mean by having direct access and can analysts listen to domestic calls without a warrant? the reality is this, if a nsa, fbi, cia, dichlt a analyst has access to query raw sigint databases, they can enter and get results for anything they want. phone number, e-mail, user i.d., cell phone handset i.d., and so

on. it's all the same. the restrictions against this are policy based. snowden said he had no contact with chinese government. right now the nsa is trying to decide which terrorist plots is declassified to show the surveillance has stopped attacks. they don't want to say too much and destroy the program. >> we can't just throw it out and then later we have to retract it. we have to do this right. that means -- we also want to be transparent. i think the president made those statements. and it makes sense. the american people know that what we're doing is right. >> one case we know about includes the would-be new york subway bomber, naz. they discovered one of those terrorists was calling a number

in colorado to zazi. the fbi stopped the subway bombing and his co-conspirator was sentenced to life in prison. >> the reason it's been set up and operated is when we want to karachi and captured sheikh mohammed and could get his rolo decks and see who he was communicating with in the united states. >> >> jennifer griffin, thank you. well, along with that poll on the president's credibility, we are also seeing new numbers showing a growing number of americans disappointed with how the president is handling his job. the cnn poll showing 45% of those surveyed think the president is doing a good job. these are job approval numbers. now, these have -- these have tended to hold steady for the president but they are dropping now. you can see that 54% now disapprove of the job he is

doing. this at a time when the obama administration is starting to come under fire for a trip to africa for the first family later this month. a trip that will reportedly cost american taxpayers up to $100 million. with much of that money going towards dispatching hundreds of secret service agents and air lifting dozens of support vehicles to the region, including 14 limousines. critics point people still cannot tour the white house because of budget cuts. let me just start there, the obama family had to cancel their planned tour, their plan african safari because "the washington post" started to ask them questions about the additional costs that outing would add onto this trip. and, you know, there is a question of whether this -- they are a little tone deaf right now, chris, as american -- the american people cannot take their own little safari, you know, their own trip and

vacation into washington, d.c. right now, at least they can go to d.c. but they can't go to the white house. and how that would have looked to see the first family out on safa safari. "the washington post" may have done them a favor. >> well, probably not any favor once people think about that $60 to $100 million price tag for the trip. like couldn't the president have skyped? he can't. he has to fly our flag and be our representative around the world. but as you say, the extra costs. i bet there are some snipers that are sorry they don't get a chance to shoot a cheetah. >> well, that's exactly what the plan was. they had to have secret service members shoot cheetahs if they try to attack the first family. >> you can't have a leopard eat the first daughter, so you would shoot them. that's what happens. that's how it goes. there's something in the manual, i'm sure. but here's the situation for the president.

a guy who has declined to take a strong stance. he talked a good game in his state of the union game. he talked a good game about being this transformative liberal in his second inaugural and all this stuff. in the end, we see it in sir, yeah we saw it on his lelt law and stimulus, on everything, he is capable of accepting the worst of all possible worlds. so, you arm the rebels but not very well. you have tax increases, but you also have reductions to spending. so, it's like -- you know, he looks like a person increasingly who is totally trapped by washington. he looks like a creature of washington. as people say, hey, what about us, you were the guy that was going to protect our civil liberties. you were going to change washington. you were going to break the mold. not only does he not seem able to undo those things, he doesn't even seem inclined. >> they say on the africa trip they say the president really

needs to forge stronger economic ties with leaders in senegal and tanzania. he really does need to do that. as you point out, there is skype but not as effective. >> not as effective. >> they need to. ben rhodes says there will be a great bang for our buck on this trip. that's going to do a lot for our relations in the region. not that he's the first president to take a trip. traveling as the first family costs a lot of money. we willingly pay for their security, happily pay for them to be safe, but really, visiting senegal and tanzania, is that critical right now? >> well, it's not talking about the alphabet soup in which the president is currently sunk of the irs, doj -- >> distraction? >> distraction but also have to

get out. he's running out of time. you don't have many -- with bill clinton we called it the sorry safari as he went to africa to apologize for slavery and do all this stuff. this is a big thing for obama. it's understandable they want to do it, but the problem is this, when timmy from dubuque can't tour the white house but the first family gets a trip to africa, it doesn't look right. >> we're sending a naval carrier over there to make sure they have protection off land and -- >> from cheetahs. >> you could have 1350 weeks of white house tours for what this is going to cost. i want to ask you whether this impacts these approval numbers because they are starting to sink for the president. the teflon, you know, nature of the presidency doesn't seem to be staving off this controversy any more. as the approval numbers are falling, and it's not just overall, when you look behind those numbers, a big drop, a drop of 9%, first of all, and

those who believe he's truth worthy. when you look at young voters and independents, chris, voters 18 to 29, his numbers are down 17 points, independents down 10. what does that mean? do we care? this is a president who has already won his second term. does this affect midterms? how is this relevant to our lives? >> i don't know. i'm thinking if you did a carrier-based air strike on a cheetah, you would probably do better with younger voters. we'll have to talk to the polling unit to figure that out. the truth is that for the president, with those younger voters, this nsa thing is just h heinous. they hate it. they feel like he betrayed them. it all adds -- you're right, it doesn't look like a straight line connection but it all adds to these african tours, not white house tours, all of that, adds to the perception of a guy who has -- who is failing to change the discussion in washington and is sort of

distant from the people. >> failing to change washington as well, which is a sin the young folks will hold against him. that was the promise, hope and change. you know, in some areas they're wondering whether he's lived up to it. chris, thanks. a cbs news reporter just compared the tea party to the moliv of iran. in a new round of smears against the tea party groups. i mean, not bad enough they got the irs targeting them, now they need news reporters once again ramping up their negative talk about the tea party? michele malkin is up next to talk about where they thinks this is coming from and what it means. new plus, we recently brought you the powerful story of how phoenix cops went the extra mile for a 5-year-old girl who lost her police officer dad to a hit and run driver. today a new twist as we learn the senate immigration bill may offer special protection to the illegal immigrant accused of killing that officer.

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cbs news news report about the election in iran has raised some eyebrows. elizabeth palmer compared some of the more extreme candidates in iran to members of the tea party. here in america. listen. >> he was seen as the most reformed-minded of all candidates who ran at the time. that being said, they were all very conservative. in u.s. terms it was as if all the candidates for the presidency came from the tea party. >> michelle malkin is a columnist and fox news contributor. what does that say to you, michelle? >> you know, we have a term at twitchy for these elitist snobs in the so-called main stream

media. we call them special snowflakes. they're so special. they're the ordained purveyors of truth who purport to know what is the accurate picture of politics in america. elizabeth palmer is a canadian journalist based in london, who thinks that she's giving a fair, balanced and neutrally objective view of a comparison between iranian and the tea party? it's beyond outrageous. the problem isn't so much bias in the media as it is the pretense of neutrality and these people still don't get it. >> it's interesting to me because it comes just as the cbs news anchor, scott pelley, comes out talking about journalism in this country and talks about how he believes that, first of all, not a lot of people watch cable news. they just don't. well, we beat you in all the debates and on election night,

scott. but, okay, that's okay. so, that's what fox did. but separate and apart from that, michelle, he talks about how -- the reason people would watch cbs news is because you need a name you can trust. he says, fox is associated with the right, ms with the left but when you talk to 7 million viewers across the country like we are at cbs, have you to represent everybody's views and have you got to give the impression you're being as honest as you know how to be. he makes that at the same time this reporter makes that about the tea party. >> yeah let's unpack a little bit of that. give the impression that you are fair and balanced. as if delivering the news is a monet painting? no, no, no. what we have to remember about cbs news is, of course, and i love the quip from sarah palin, you did a fabulous job this morning on "fox & friends" that

cbs puts the bs in cbs. cbs news took the news out of the news a long time ago. nobody should forget when we talking about media and distortion that cbs was the king of manufacturing news. . they debunked rathergate of being partisan, political. talk about the worst kind of political projection there. when we talk -- i've talked a long time now as someone who has had a foot in new media and old media about the extended desk cry of snob journalism. and cbs has been at the forefront of that. scott pelley's comments de riding and mocking his competitors in cable news just shows you how much these people chase at effective competition. they hate it. >> and the thing on the tea party is, it's just sort of accepted. there's been no apology for what she said.

maybe she misspoke. make she got out too far ahead of her skis. maybe cbs doesn't back those comments? could we know that? that's easily corrected or spoken to. and without that, it leaves the impression that we're okay with that. we are okay with that. and that is -- that is the version we've seen so often in the mainstream media of representing everybody's views. >> well, yeah. the ultimate accountability is in your remote control and people are voting with their fingers. and despite scott pelley's warped media mask there, i think those numbers and the ratings for fox news speak for themselves. there we go again. didn't he just a couple of months ago talk about how his, quote/unquote, house was on fire, he himself admitting many of the things he had gotten wrong? again, it's not so much people get things wrong in the news. that happens in any news cycle where you're rushing to get things on the air.

the problem is the -- the pretending of these people, that they are somehow better than the average viewer and better than their competitors. they're not. there's a news flash for you, cbs. >> the irony, too, as he's talking about how, you know, people make mistakes and cable nuts make these mistakes and he owned up to a couple of his own cable and saying, as far as cable goes, they only have 200,000 viewers. they only have 200, 300,000 viewers. the interviewer specifically asked him, now, that's not true. we have five times that many just on this he show, but they asked him about hannity and o'reilly, two huge powerhouses in news. the biggest names in news on cable. he stuck by those numbers. o'reilly on a given night averages around 4 million between his show and his repeat. it's just ignored. he's telling people misinformation and for what?

why is that necessary? why can't he just say -- he's a big star, huge following, very successful, both of them. instead he has to diminish and there's a question about trustworthiness. >> yeah, yeah. like i said, that question has been there for years now. i think he didn't do himself any service now as the heir to dan rather. he sure is filling those shoes pretty well. the propagation of lies and smears. let me draw a little bigger picture here because it isn't just about cbs versus the tea party. if you'll recall over the last several years, the hit pieces and the targeting are on par with what the government has been doing. look at abc and how they tried to tie the tea party to the san diego hook, newtown massacre. or npr caught undercover by investigative journalist james o'keefe trashing the tea party, calling them racist, bigoted, and all they're doing is holding a mirror to themselves and

showing just how uncomfortable they are with people who disagree with their views. ultimately, venof course, it's going to bite them in their own backside when it comes to competition in the marketplace. they lose. we win. >> the tea party has taken a lot of incoming since they were born, a lot of incoming, at the highest levels of the government as we saw with the irs scandal and it just continues. thank you for being here. a. tip, sparking a new search for jimmy hoffa. we'll show you where the fbi is right now digging for his remains. plus, the u.s. supreme court today rejecting arizona's effort to prevent voter registration fraud by tightening up on voter standards. what this means now for voting in several state. have aood night. here you go. you, too. 'm going to dream about that steak. i'm going to dream about that tiramisu.

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new developments in up with of the greatest murder mysteries of the 20th century. the fbi is once again searching for jimmy hoffa's remains. he disappeared in 1975 after leaving a restaurant in bloomfield, michigan. his body was never found. now investigators are trying to determine if he is buried nearby. the fbi acting on a tip from former mob boss, tony zerilli. where is this? oakland, michigan. is this how they do it? where's the metal detector or something? that doesn't make a lot of sense to me but we'll have a live report later in the broadcast. fox new as letter now on a big voter registration ruling from the u.s. supreme court. the justices earlier today

handing down a ruling against arizona's citizenship proof law. now, that law required would-be voters to document their citizenship in order to use a federal voter registration form. shannon breem has the story live from the supreme court. >> reporter: under federal law currently those who want to register to vote in federal elections have to fill out a tiny form, you check the box saying you are a u.s. citizen and sign it under penalty of perjury and send it in. if 2004 arizona voters passed proposition 200. among other things is allows states to allow additional documentary proof you're a u.s. citizen before you could register for federal elections. today in a 7-2 opinion, the supreme court said arizona overstepped their authority. justice scalia wrote, the fairest reading of the statute is that a state-imposed requirement of evidence is

citizenship is required by the federal form is inconsistent with the nvra mandate that states accept and use the federal form. >> arizona's loose style, justice scalia made clear when the constitution gives the federal government the power, it actually means it and there isn't any unwritten exception for arizona. >> reporter: both justices thomas and alito dissented, saying the federal government doesn't make states to give up their right that people have to prove their u.s. citizens to vote in federal elections. justice alito wrote, the federal form was meant to facilitate voter registration drives not to take away the states' traditional authority to decide what information registrants must asupply. justice scalia closed it out saying, arizona, you can ask the federal body to allow you to require it and then if you don't like their answer, you can take this whole thing back to court. >> oh, boy. shannon, thank you.

well, several democrats coming under new attacks by anti-gun groups. as that happens, there's some new analysis suggesting that democrats, not republicans, are paying the biggest political price for the gun control fight. we'll have a fair and balanced debate about that right after this break. and a meteorologist takes some of the blame when five people die after following his advice about what to do when an oncoming tornado is on its way. but is it really his fault? could he actually face liability for this? a compelling case. at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7,

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another big week in the george zimmerman trial as prosecutors and defense attorneys resume the process of jury selection. you're looking at a live picture outside the courthouse in sanford, florida. both sides are trying to find a pool of 40 potential jurors who have not been influenced by media coverage of the case. before moving onto a second round of questioning. g zimmerman is pleading not guilty to second-degree murder charges claiming he shot 17-year-old trayvon martin in self-defense. they need six jurors and four alternates to sit for this case. remember this tv ad? >> i'm joe manchin. a prove this ad because i'll always defend west virginia.

as your senator i'll protect our second amendment rights. >> that was joe manchin's commitment, but now manchin is working with president obama and new york mayor michael bloomberg. concerned? you should be. >> well, west virginia democrat joe manchin, a gun owner and member of the nra, now being targeted by the gun rights group for co-authoring a failed bill to expand background checks for gun purchases. this comes as "the washington post" publishes a new analysis of the 2014 senate races with this headline, quote, after gun bills' defeat, it's democrats not renting paying the political price. joining me now, former deputy assistant to george w. bush and bernard whitman, former pollster for bill clinton and democratic strategist. and it is men like mayor bloomberg, an independent here in new york, but maybe -- i mean, one of certainly the most outspoken critics of the nra and of what he considers to be loose gun laws, in the country, who is

making life tough for these democrats, brad. going after them in their home states and saying, the next time these senators want you to support them with donations to their campaigns, tell them, you cannot. is this -- how badly is this hurting these dems? >> i think it's hurting very much. this economic gun to democrats' head, this extortion, if you will, by a popular mayor in new york will not transcend and hasn't transcended to the heartland of america, that he thought he was going to have. as a matter of fact, democrats have come out and said, this is not helpful to them. now we're seeing it reflected in the poll. this is overreach on the part of the democrats. an exploitation in the crisis of the mass kers but it doesn't fix the problem, megyn. the problem is not the gun control we already have in america. it's the issue of mental health. it's the issue of access to legal guns. that has not been addressed by

the legislation proffered by the democrats. >> bernard, apart from the substance of how people feel about the gun debate, which is strong, strongly on both sides, what do you think this -- the impact of this is going to be? because the republicans need a net gain of five seats in the senate to win control of the senate. and this isn't helping. this isn't helping the democrats fend that off. >> well, sometimes you have to pay a short-term political price to change the conversation. and the idea that brad said, it's economic extortion, when 90% of americans support this legislation. it already is getting support in the heartland. 84% of gun owners, 72% of nra owners support it. it's common sense. it's the best chance we have, frankly, to both protect and strengthen the second amendment right for law-abiding citizens to have guns making sure we keep the guns out of the hands of criminals and those who are mentally ill. the idea this is somehow extortion is ludicrous.

i'm appalled, frankly, that senators like max baucus, who isn't even running for re-election, didn't get behind this bill. if it means some senators in red states will have a tougher time raising money because they go against the will of their constituents and the will of the american people to help protect our nation, then so be it. >> you mentioned max baucus because mayor bloomberg has written a letter to more than 1,000 donors. i just quoted it in part, brad. he's calling in out particular these four democrats. one from montana, one from alaska, one from north dakota and one from arkansas. and saying they didn't rise above politics. he seems to have written off democrats. he says, they didn't rise above politic us and need to hold them accountable. does this translate into results? because if mayor bloomberg is seen as helping republicans gain control of the senate in next year's midterm elections, he's not going to be very popular. i don't think he's going to be very happy if the republicans

gain control of that body. >> megyn, the fact of the matter is mayor bloomberg is term-limited. he's done as mayor. he probably doesn't have any national aspirations to run for higher office. so really, what is the consequence of mayor bloomberg doing that which is he doing? if it helps the republicans, that's great for us. but he's doing it at the expense of his own popularity and also hurting the argument for democrats they're trying to make by the type of gun control they're seeking to impose on america. but having said that, these folks who have -- the senators, democrats, who have voted against their own party, are doing so because it's not what their constituents the constituents in the heartland of america are not the same interest the people of new york may have or california may have. >> that's an interesting point, berna bernard, because it will -- will these ads work? will the incoming attacks on them work to persuade people, yeah, i want to throw the bums out, i don't want these democrats representing me anymore. i want to go with a republican or a democrat who sees things

differently, and that's the reason they took these votes because that's what they thought their constituents wanted. >> i frankly think republican senators dead set against any form of gun control, which goes against majority of support, i suspect in most of those states and certainly across the nation, are likely to pay a far higher price than the few democrats who may have to go elsewhere for money. i'm a pollster. when 90% of americans agree on anything, that's an overwhelming mandate and that means all across the heartland and throughout the south, support for this type of common sense legislation, which is limited, which will strengthen the second amendment, help keep guns out of the hands who want to break the law or those with mental illness, that's a positive piece of legislation republicans and democrats should get behind. >> you're right. 90% of us don't agree on anything. we don't even agree on white house who's the president of the united states. you would probably get 10% of disagreement on that. and yet they didn't get behind

background checks. as brad pointed out, all politics is local. of the 35 senate seats up for grabs, the 10 most contest ready in largely rural, very conservative states. so there's a question about whether those voters feel the same as that 90% and whether this is going to come back. quickly because have i to go, but, brad, do you think that the republicans will gain control of the senate in 2014? i know it's too early, but just today, what do you think? >> i think it's certainly possible. add a new twist to this argument and that's going to be the fact that the distrust of government, which is at an all-time high, 75% of americans don't trust the government, and add that to the gun debate, and i think this will change the dynamic as we move into the democrats taking another run at this bill. >> bernard, you agree? >> a resounding no. the economy is going to continue to lift off. i think by november of 2014 the democrats are going to to be in a very strong position. the only way we move social in this country is by taking

principle stands and sometimes have you to take a short-term political hit to move the country forward. >> speaking of honesty and trustworthiness, we just got fox news polls in moments ago which we'll bring you shortly. wow. this is not good news for the white house. gentlemen, thank you both so much. we recently brought you the powerful story of the phoenix police officers who went beyond the call of duty for a 5-year-old girl. look at this picture. who lost her police officer dad to a hit-and-run driver. up next, a new twist as we learn the illegal immigrant accused of killing her father could now get special protection. we'll tell you why that is. wait until you see what happened with the teenage fisherman who came face to face with a rare breed of shark and decided to go for a joy ride. all that as we have a former vice president and a brand new poll i just mentioned from our polling team. both pointing to a growing credibility problem for the president. that debate coming up.

>> the problem is the guy has failed to be forthright and honest and credible on things like benghazi and the irs. so, he's got no credibility. [ bell dings ]

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recently we brought you the powerful story of how phoenix police came out in support to support a little 5-year-old girl at her kindergarten graduation, just days after she lost her police officer dad to a hit-and-run driver. her father was one of two

officers believed killed by illegal immigrants in straight drunk driving incidents. now their deaths are shining a new light on a very controversial aspect of the senate's immigration reform bill that could offer special protection to illegal immigrants who have been convicted of certain crimes. and not just misdemeanors. felonies. william live in los angeles with more. >> reporter: very true. who stays and who goes? every day in the u.s. we deport about 100 illegal immigrants for drunk driving. the new senate bill gives those and other criminal aliens certain protections and rights as they apply to become legal residents, including lawyer, not deportation. >> you have a previous entry of illegal -- >> reporter: at houston and phoenix, police believe illegal immigrant drunk drives killed cops. >> you're not legally in the

united states. >> reporter: phoenix police say dejesus molina killed an officer, despite two other arrests for burglary, he was not deported. >> it was a death that should have been prevented. >> reporter: in houston, accused drunk driver killed harris county sheriff, dwayne polk. >> it appears you're here illegal and immigration has a hold on you. >> reporter: under the obama administration prosecutorial discretion policy, they say too many criminals get a date in court instead of deportation. >> this is outrageous. people are dying because i.c.e. is not allowed to enforce the law because of this administration. >> drunk driving needs to be treated as the crime that it is, an alcohol-related, a substance abuse-related crime, and not something related to immigration. the two are wholly unrelated. >> reporter: the proposed immigration bill allows for that discretion. illegal immigrants with lengthy criminal records may be allowed to stay if they have a spouse or

child already in the u.s. >> these are real human situations. and they require human decisions. >> the bill gives all kinds of discretion to an administration that has thoroughly abused that discretion. >> reporter: so both these guys have prior duchltis and previou had been deported. there are thousands in the u.s. right now with families and under the senate bill some may be allowed to stay because the hearing has discretion if it causes hardship. the senate and house will have to work that out in committee if these bills pass. >> thank you. joining me now, the man you saw in william piece, chris, the kansas secretary of state. sir, it's good to see you on the program. welcome back. so, why is it -- let's start with this case in phoenix. d raetz, the alleged killer, he

admitted doing cocaine on the night of the crash but his car is the one that was used. so if he had already been arrested for dui and burglary and he's an illegal immigrant, what is it about his situation that led them to exercise discretion to leave him here? >> well, my guess is in that situation -- i mean, we haven't seen the internal communications in i.c.e., but my guess is because he'd been arrested and not convicted. this administration has been drawing a very strange line in saying, we don't regard you as a criminal. we don't regard you as a threat to public safety until you've been convicted in a court of law. merely being arrested for drunk driving or arrested for assaulting a federal officer isn't enough. and i think that's a real problematic line. they've drawn that line not only in the way they exercise discretion, as you described, they've done it in executive amnesty they did a year ago, which is the subject of

litigation i'm involved in, and doing it in the proposed bill in the senate right now. they allow discretion in someone who hasn't yet been convicted. as we all know, just because a person doesn't have that final conviction, that person is still a danger to the community and probably did commit the crime, especially in some cases where the evidence is irrefutable. >> you can't go with probably. that can't be the standard in criminal cases. it's required beyond a reasonable doubt. i see your point. i want to move on to this one because the actual bill being debated in the senate would say that even if you committed a felony, sounds like they're saying even if you have been convicted of a felony, you might receive special consideration if you have children or a spouse in the united states. so, even if you are deportable, you might be able to stay, somebody like this, if he had a child, even though he killed the father of another child, might be able to stay. >> yeah. and you've hit on a really important problem in this bill in the senate. the standard under current law

is that you can get a waiver. if you're an illegal alien, in some circumstances, if it causes extreme hardship to a family member. extreme hardship. one of the clever things drafters of this bill in the th primary breadwinner still in the country. so they've done this and it's going to open a flood gate if the law passes to discretion to anyone. >> thank you for coming on and taking about it. we appreciate it. >> my pleasure. up next, watch what happened with the teenage fisherman that came face to face with a rare breed of shark and decided to go

for a joy ride. some of our viewers are tweet meg and are not happy. with this teenager.

. . . . .

mama always said hitch hiking is dangerous, but what about this? a teenage boy encount ears whale shark while fishing in the gulf of mexico. what does he do? hops on the shark's back and goes for one wild ride. why does he do that? >> the appropriately named chris craze was off catalina island when his 30 foot boat ran into a 30 foot shark. instead of going back for a bigger boat, as roy would say, he decided to jump in, take a

ride on the shark's back. keep in mind, chris kreis is 6 feet tall. he said the shark didn't like it but he add blast. >> my forearm was scratched up but it was incredible hanging on to it for that little bit of time. >> just so you know, the whale shark is the biggest fish in the sea but also very docile. they eat plankton and small fish. but experts are upset saying chris woucould have harmed the h by wiping off the slime on the shark needs to stay healthy. chris says he would never want it harm the fish, and he tagged them all the time for noaa.

>> i didn't want to harm him in any way, cause any type of stress, so i did want - what i to do which is have a good time. >> tweeters say he is more concerned about his own good time and not concerned about the shark. >> thank you, trace. >> sure. >> less than 24 hours after a run, a moderately new president, wait until you hear what that man is saying today. plus, kelly's court, a moderator blamed in part for the death of five people trying to take cover from this tornado. breaking news on the case of the football player --

fox is alert from the g-w8 l summit. actually a lot going on there. brand new hour here of "america live." hello, everyone, i'm megyn kelly. there are plans for a new trade's aagreement. we are with to get involved in a more significant way. president obama going to face president putin today over whether america should be getting more involved here as we

now apparently are. senior white house correspondent wendle goaler joins us with more. wendle? >> reporter: syria's rebels say they won't attend unless al-assad agrees to step down. the u.s., europe, rush why all talking tough in advance of putin trying to one-up the u.s. accusing syrian rebels of eating human body parts. the talk here is about a trans atlantic investment agreement that u.s. says could add billions of dollars to the global economy. but the syrian civil war is thought to be dominating. both the u.s. and europe threatening more weapons to the rebels, though mr. obama's critics say that's not enough.

a short while ago arizona republican senator john mccain said iran may support eye sad and mccain tweeted, quote, andy going to send light whaeapons. yesterday the president's new chief of staff is towardsyria's war. >> we have to work on what outcome is better for and what price we are willing to pay. we rushed before in the past, we're not going to do it here. >> russian foreign ministry spokesman rejected the idea of a no-fly zone in area, calling it international law. >> thank you. international john boldon joins us live with react to arm syria's rebel fighters. plus what he says is the real story behind iran's

newly-elected president. wait until you hear his take on that man in a few minutes. in an alert for you now. edward snowden just wrapped up a two-hour on-line chat with people asking him questions. this is like -- this is unbelievable. life in 2013. snowden said he did not leak any military secrets own only government spying on civilian targets. that's not necessarily the case. he revealed a lot about what we were doing with foreign leaders as well. this comes, however, as snowden's father now speaks out in a fox news exclusive. lonnie snowden tells eric bowling of the five that he hopes his son does not leak any more details of the u.s. government's internet and phone tracking programs. and also says that he is concerned now his son is in danger. >> do you think that what -- that the information that he has, do you think that puts him

in peril? >> absolutely. i think it puts him in peril from a foreign government. from opportunists, and in my opinion, clearly from our government as well. all you have to do is watch the political discourse at this point, and i would say he is certainly in peril, yes. >> tune in tonight at 5:00 p.m. east rn time for the rest of that exclusive interview right here on the five on fnc. new developments in another controversy for the obama administration. this involves the irs targeting conservatives and other groups for, well, about two years. congressional sources now confirm to fox news that this washington based irs supervisor based in washington, d.c. has now admitted that she personally scrutinized tea party

applications for tax-exempt status as far back as 2010. we are told that holly paz is replaced as top deputy in that division. we had conflicting reports whether she was placed on add palestinian straightive leave or fired. to be honest, we don't know what it is at this hour. but her disclosure to investigators discredits claims, made by officials at higher-ups in the tax agency and those in washington did not know about this practice and it was two so-called rogue agents in the cincinnati office acting on their own. joining me now, guy benson, politicaled or for town hall.com. so we knew that holly sat in on all of the meetings that the conductor general, or virtually are, all of the sncincinnati people. how do you let the supervisor come in as you are interviewing the underling and asking the underling, who asked to you do

this. not so good. so now we find out that indeed she was heavily involved, personally. she scrutinized between 20 and 30 cases, this is not a low level cincinnati employee. >> no, of course not. we have yet another layor of this onion coming off as we try to get to the roton core of this irs scandal. another talking point from the irs has bitten the dust very hard in this case. let's try to remember the time line. at first, irs leadership in washington, they said, oh, just maybe two people. rogue employees in cincinnati. as soon as we found out about this, we put an end to it and so fon and so forth. that wasn't much the case. there were documents that came out an test money and they knew it sooner than they admitted. then push back saying, whoa, we were following directiones from washington, d.c. in fact some people who have

spoken to chairman issa's committee say it was micro managed. and today we meet one of the may crow managers, holly paz. some of the excuses she tries to explain her own behavior really raise eyebrows to say the least. >> i want to get to that in a second. but first i want it stick to the question of dismhonesty. one of the names is lois lerner and she went in front of congress and asserted her fifth amendment right rather than give congressional testimony. but before she did that, she said she did nothing wrong. she tried to exonerate herself. low sits one who tried to break this scandal, quietly without a lot of fanfare at this legal conference back on may 10th. after dellitelling investigator wasn't going on. she tries to sneak it in in a

planted kwa q & a. and she said, quote, it is the lying people that did it without talking to managers. holly paz is a washington-based irs supervisor, top deputy in the division. and that is directly contrary to what lois lerner said and lois lerner, as we can see, is directly above holly paz. she knows what holly's role is. does it raise different questions about lois's honesty? >> are you suggesting that lois lerner hasn't told the whole truth? of course. she is lying and i use that word intentionally, from the very beginning. wait she leaked the information this a coordinated q & a session she denied that was arrange bred hand. that was a lie. it was. she has not been telling the truth. the only thing she said before congress under oath, is i will

say nothing, though i've done nothing wrong. lois lerner, steven miller, douglas shoeman, they all knew and had opportunity before congress, under oath, to sayre their knowledge of what was going on. there was a probe the ig investigation going on. they knew about the targeting. they fwaailed to mention it und oath to congress. it is systemic, dishonesty throughout the top, and the cover-ups worse than the crime, in this case that's debatable. they are both pretty bad. but cover-up is extensive. >> one wonders when lois lerner told the ap, it is the lying people that did it without talking to managers, whether she ever forsaw having to testify before congress. holly paz said okay, supervisors in d.c. did work closely with agent in the field but they didn't fully understand what the agents were doing.

she said that in cincinnati, agents openly talk about handling tea party cases but she says i thought term was short hand for all groups that were politically active. conservatives and liberal. she thought liberal groups wa y synonymous with tea party? >> you have to just laugh. i mean, yes, when i refer to the obama administration, i'm just short hand for talking about republicans in congress too, right? no. no. one of the few things that everyone agrees on this this scandal, right, left and center is that crux of this is that only one side of the spectrum wag targeted. that's like the basic fact of this whole thing. so the notion that they say oh, they are just calling them tea party and by the way, there's the bolo list, the be on the lookout rosters, those are specifically tailored to target an attack the right. so excuse number one, oh, we

thought it was short hand, it is strange to put it very, very mildly. second, megyn, she also said there is miscommunication. the people in cincinnati asked for guidance from washington. the people in washington were holding off on that and apsalm the cincinnati cases were continuing a pace, even though they weren't and therefore there was delay of over a year on some of these decisions when it came down to who gets these. that exempt statuses. here, we trot a familiar bath to the incompetence and ignorance. which sounds bet are than open partisanship and dekaesed. they say, we thought the other guys were doing it and we didn't really understand. and therefore all these applications were delayed. come on. delay was the whole point here. they were trying to bury these folks in paperwork and keep them from getting an answer.

that's what the mo was. >> that is one of the many questions they still need it look into. motivation and you know, contrary to elijah cummings saying this case is closed. it is not closed. guy, thank you. >> thank you, megyn. >> after being haled by many in the west as a reformer who might scale back on iran's nuclear program, the new elected leader in iran, he said something very different today. coming up, ambassador john bolton brings us more about the new president and what it means for us? an ef-5 twister that killed sl people including these two children and three of their relatives, now here why some in the community, including their own mother, are blaming deaths on part on a local weatherman. we will play you his advice and why they are plaming him. >> a would-be car jacker is

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. we are tracking a story out of iran. described by some as a moderate and welcomed by some of west as a possible reform who are might scale back iran's nuclear program. that was until this morn ppg john bolton is fox news contributor and former ambassador to the united nations. he says, just in case you had any dilutions about whether this was daylight between me and think again. >> look, rohani has long been involved in the iranian nuclear weapons programs. he was their chief nuclear negotiator. he used those negotiations to

pretend to get the west to agree to supply equipment for nuclear reactors under the pretense that iran would suspend its uranium enrichment activities. we learned later that in fact iran was having difficulties with a separate operation. uranium conversion. and so, use the pretense of the suspension it buy time to solve that problem and to give themselves dip wlomatic cover. this is something iranians perfected over ten years, using negotiations to provide time, and i have no doubt that as president, he will do the same thing. >> so when it comes to the nuclear program, everyone just needs to dial back their homes here in this country. looks like we are getting more of the same but there is some hope in iran, apparently, when it comes to social issues and access to information. perhaps on women's rights. dare we venture a hope in that regard. and this is from the washington

post today, ambassador. victory in to sp is the iranian equivalent to obama's victory under 2008. an electorate that voted overwhelmingly for hope and change. they are citing it in d.c. >> i don't know what fool said that. but if you believe he is any kind of a moderate, i have a bridge to tell you. the fact is the six candidates who were allowed it run were approved by the ayatollahs. there may be differents among them in terms of tactics or personality or image. there are probably likes and dislikes. but on the big questions that involve american strategic interest, there is no difference whatever. and i just say this. amud am deem jad allowed young

men and women to attend soccer games together. as if that really put any major change in the regime policy. it is just not going to happen. >> big progress. so this business about women and minority rights, social restriction, he is going to work to free political prisoners, did z any of that mean anything to us? he is coming out and saying my fiktry is a victory of modernism over extremism. >> there are dupes in the west who will believe this is a new opening for nuclear negotiations. about six or seven years ago, row rowhani gave a speech for those americans deceived by tactics when he was nuclear administrator. he said we are assigned the

technological issues. he hasn't made a secret of it. those who hear his word and believe him deserve some kind of prize for fool me once, shame on you, fool me twice, same on me. >> can't let you go without asking about syria. >> through the deputy and national security adviser, he said said, we are now going to be shipping some sort of small military arms to opposition forms in sir why well, well into that country's civil war and at a time in which a lot of critics have said we're too late because that opposition has been infiltrated, possibly even overtaken by al qaeda loyalist. and there is a question about whether we are about to warm enemies of the united states in syria. >> i think that's possible. i think we are about to get the worst of both worlds, getting

involved in something in which america has no stake. the real issue here is not the conflict in syria. the real issue here is iran. without whose support the assad regime would long ago have fallen. as long as the regime in terrain continues its support for terrorism and authoritarian regimes adverse to the united states and its continued nuclear weapons program, we'll have trouble in the middle east. we should focus on overthrowing the regime in teheran, not the one in damascus. >> always great getting your perspective. thanks for being here. >> thank you? >> a car jack are armed with a knife threatened to hurt a texas mom and her two children. boy, did he pick the wrong family. >> he popped up out of the back seat and said, that if i didn't want my kids to get hurt, that i would do exactly what he said.

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big news today on the man who found himself in a lot of controversy over illegal immigration off the last five years. john morton giving up his job as director of ice. immigration and customs enforcement. he's recently been under fire over the release of thousands of immigrant detainees, including dangerous felons. he also had rocky relations with the border patrol union. mr. morton is stepping down next month to take a position in the private sector. so far, no word on a possible replacement. here is one texas mom you don't want to mess with. she fights off a car jacker who

tries to take her mini van then runs him over when he tries to get away. trace? >> dorothy baker went into a cvs convenient store with her 2 and 5-year-old sons. they left the mini van unlocked. when they got back in the van and drove away, a man popped up in the back hiding a knife. he threatened to kill the two children if she didn't take him to an atm. she tried to hit a pole to eject him out of the van. she barely missed the pole but that's when the man made his way to the front seat and that was his mace take. >> he climbed on to the seat on top of me and he tried to get my phone. i took my fist and hit him in the face and told him to get out of my car. >> she also, by the way, got the knife away from him. though he did cut her in the chest. but without the knife he decided to flee the vehicle. but dorothy baker was not about to let him get away.

so she drove after him. and then she said she accidentally drove over him. listen. >> you don't come after people with kids and i told him that he messed with the wrong witch. >> how did you like that pause? the wrong witch. yeah, wrong person to go after. that's the man right there, he is in serious condition when he recovers authorities say he will face multiple felony charges. her husband, dorothy's husband, said, he was very proud of her. and i would be, too. megyn. >> very brave woman. all right, trace, thank you. >> breaking news this hour on the nfl player, featured in kelly's court last week. he was sentenced it a month in jail for patting his lawyer's back side in the middle after court hearing. he was very pleased with the lawyer's performance. the judge not so pleased with the football player. now we have an update. plus a meteorologist takes

some of the blame when five people die after they say they followed his advice a about escaping a tornado in oklahoma. among the dead these two little children. could he face liability. a disturbing case in kelly's court. a former vice president and new poll numbers both pointing to a growing credibility problem for the president. that debate and the numbers right after this break. >> the problem is the guy has failed to be forthright and honest and credible on things like benghazi and the irs. so he's got no credibility.

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news report on a scare. a man stood up on a plane and claimed he poisoned everyone on board. you can see he was led away by handcuffs by police. the fbi says there was never any evidence of a credible threat. can you imagine being on a flight and hearing that? wow. more on this as we get it right here. >> we are also tracking new questions today about the president's credibility. check out the latest fox news polling numbers. now showing a record low. and the honesty ratings for president obama. when asked if the president is honest and trust worthy, equal numbers, 48% say yes and no.

look back to where he stood on this question just four years ago. look at that 48% today believe he is trust worthy. 73% said yes four years ago. and just 22% had questions about it, his honesty, three years ago. now half the country does. yesterday on fox news sunday, former vice president dick cheney weighed in on the issue as well. >> in terms of the credibility, i don't think he has credibility. one of the biggest problems we have is an important point where the president of the united states ought to be able to stand up and say, this is rach righteous program, a good program saving american lives and i support it. the problem is the guy has failed to be forthright, honest and credible on things like benghazi and the irs. so he's got no credibility. >> joining me now, judy miller. bill mcgurn.

and jennifer ruben. panel, welcome. jennifer, let me start with you. on your column today where you talk about this, to some extent. i want to start by telling viewers, he has taken a hit. not just the honesty rating, now the approval rating. which cnn is reporting according to their latest poll, it is down 8 will points. we have seen erosion for quite sometime but now it is rathered marked. you see in here, shear incompetence from all sides. >> yeah. shear incompetence tense, lf truth is, scandals. i think it has all become the perfect storm for him. i think the vice president is right, one of the maddening things that's got him in trouble with beth sides is on the nsa. he acted like it is not really his program. we haven't heard from him, defending it or telling us what limits are on it so people have confidence their own privacy is protected. on benghazi, we have no

information on what he was doing. same for the irs scandal. we get one version, then another version, then a fourth version. i think it takes its toll. he is taking these half measures. not pleasing his base. not pleasing the opposition. and so he is in for a world of hurt right now. snz. >> you also used to work in the bush white house, george w. bush white house. the question is, how does this matter? if you're sitting around the white house an looking at these falls, when it comes to honesty numbers an trust worthiness, in what context is that rel rant to the president? >> well, let me go back to the bush years. very relevant to the war effort. we ahad a lot of trouble becaus the war was not going well. that really limited the president's capability to do other things.

especially once we lost the senate to democrats. now the democrats are in a similar position or president obama is. he has a house representative in republican hands. i think he has the senate that is increasingly skeptical. the signature piece in legislation for this term is the immigration reform and democratic senators are very clear, they don't want president obama's name on it. so i think it handicaps what you can do and as the former vice president pointed out on issues that are legitimate, i think the nsa spying program is one. it makes it much harder to defend yourself even when have you a case. >> you know, judy, he has been so quiet on some of these issues. i think jennifer pointed out in her column that it was george will who called him a reluctant president. and the question is, whether he -- it had to be this way. could he have gotten out in front of these issues? >> i'm not that's his style,

megyn. when you look at everything, the way he respond, it is very rare that president gets in front of something. it is this quality of passivity that leading from behind as we call it in foreign policy, that really dogged him and troubled him. i have another factor to this mix. that's the economy. this is a terrible weak recovery. when you look at the drop in popularity numbers, it is steepest among young people under 30. 17% drop in his popularity. that because these kids, college kids coming out of college, no jobs, ipads are not raining from the sky. it is a tough time. you couple that, a with scandals and nowhereness, it is a a very problematic situation for him, i think. >> but it was in worse shape, prior to the election, and he weathered that same storm and the same folks believed in him and voted for him.

>> itemarkable. i wonder if he would win that election today. i think we have gone a very prolonged time. all of the promises, few of the proppises were kept. they now have a group of college graduates going out, high unemployment. we've never really had that sail upward in the economy that you normally do after recession. i don't think people have gotten used to it. there is a horrible middle class squeeze with healthcare cost because of obama care. rising college cost. people are not all that pleased with government. you throw all this on top of it and it gets people annoyed. >> so many of these scandals have not been tied directly to the president. as of today, at least. and bill, there is a question about whether he could have kept his own approval numbers high

and trust worthy numbers high, instead after back handed couple comments on nsa at the end of a healthcare event the other day. he said now that this is revealed, let me show leadership. let me tell you where we stand on it. and similar point with respect to benghazi and the irs, he was more out in front of that one, but eric holder and the doj and so on. >> there is a general feeling of unease. we were fed the story on benghazi. we don't know where the president was that night. i think that it is just a general sense of distrust and so forth. the president's problem is that he has 3 1/2 years left and if this continues, i mean, i'm a conservative. i'm always skeptical about government. i was skeptical about the government when i was in it. but president's the guy that believes in big government. so he is building this giant

ediplous on top. the government doesn't look smarter now. >> the image of bill walking down west wing with french coat up, looking -- i'm skeptical, even of myself. judy, to what extent for the majority of the president's first four years, pliant media. the shift we've been seeing to some of these. how does that's affect the numbers and questions of honesty? >> i think clear think does. a big problem for him is that people who used to be eating out of his hand are now asking his white house press secretary tough questions. he said on one hand he is outraged. the president said he is deeply troubled. i'm sorry. he is outraged by the irs. but he appoint eric holder to review the behavior of eric holder, in terms of criminalizing the news.

this doesn't wash. he doesn't have credibility on that issue even, even with the media that used to believe him. >> i think if you look at the american people, they seem to care the least about what the doj did and is doing to reporters. because they don't care about the press, in our eyes. but the press corps cares. and that may have been a bigger significant event, you know, for the president than some of the oth things because some of the press started turning on him once they found out, oh, now i'm involved. coming up, major twist on a case we brought to you last weekend in kelly's court. an nfl player slapped his lawyer's behind in court and the judge slapped him with a month in jail. oh, but something new happened. plus an ef-5 twister went through oklahoma last month and killed sl people, including five members of the same family. now some in the community,

including the children's own mother, are suggesting a local weather man may bear part of the blame. we will show you the report, next. ... ... ... anyone have occasional constipation,

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meteorologist in oklahoma facing disturbing accusations. some people blame him for the deaths, including four children, in last month's deadly tornado.

trace has more. >> you have to remember, megyn, that route of tornado that came through oklahoma city was just 11 days after the tornado went through moore, oklahoma killing 12 people. as the tarntd w as the tornado was bearing down on them, they were watching the nbc affiliate. her brother said two years prior he took cover in a drainage tunnel behind the apartment. they say kfor meteorologist mike morgan settled the debate when he said this. >> he said he lied down on interstate 40. you cannot be above ground, go south and good now. and you need to be below ground, interior closet or bathroom is not going to do it. >> so the group of 11, family and friends, ran to the drainage tunnel. the tornado missed them all together but the heavy rains caused flash flooding that swept all out of the tunnel into the

oklahoma river. five died including four children. one of the children's bodies still hasn't been covered. listen. >> alive or dead, we have to have some peace. we have to have closure to go from here. >> yeah, weatherman mike morgan posted that he has shed many tears over the criticism em about him but many have come to his defense. the station says, and i quote here, after every major storm we review our coverage and many things that make each weather event unique for the purpose of improving our coverage and ability to forecast and we should note that oklahoma is home to some of the best, if not the best meteorologists in the country. megyn? >> all right, thanks. kellkelly's court. a former prosecutor now defense attorney joins me. my heart goes out to the family of those killed but you also have to feel for the meteorologist who was just trying to help the people of his

community and now this family is suggesting he has blood on his hands. >> no, he does not, megyn. such a sad, sad story, obviously. but what he did was pretty much standard for meteorologists. this is a guy that won 11 awards in oklahoma. been there a long, long time. he did the standard thing. get yourself under cover. get under ground. goat get to a tunnel. could he have foreseen the flash flood? no. this is a horrible case. absolutely. but there is no legal ramifications for him. >> this is the tornado we are watching that killed that family. and they went into one of those big drainage ditches. there was a flash flood and that's what took them and washed them away in the river. i don't know the question of is that foreseeable, for a meteorologist in oklahoma, was it? >> i think so. i think he is taking a lot of criticism em, not just for that

but the phrase, go south, get in your car and get out of there. not just myself but otheres who really know what they are talking about m the meteorologist world, to say that was completely irresponsible p. it was patently wrong for him to tell people to leave and drive their vehicles. i also think there is a huge doubty that he established to all of the people who watch him. he advertises as mike and the forwarned storm team provide oklaho oklahomans with cutting edge technology, state of the art weather equipment. people rely on him. >> the family says they were having a debate about whether to stay in their apartment or leave. when they heard this, let's listen to it again, specifically what he said, that those who are arguing needed to leave the house, won. here is what he said again. >> right t is heading down right down interstate 40. you need go now. you need to be below ground.

interior closet or bathroom is not going to do it. >> megyn, it is standard advice. >> is that last part standard to say, interior closet or bathroom is not going to do it? you need to be abelow ground. not below ground. not below ground. case, you look at legal high school, gross negligence, foreseeability, recklessness, all the legal terms. i just don't see it happening for this family. >> m coming forward, david barfield of oklahoma city says he believes that advice saved his daughter. she was in above ground closet and she followed his advice to go below ground and the father said she would be dead today if she didn't listen. the question i have is, if this family -- has been very vocal to blame him -- they do that in a court of law whether that will save the meteorologist. the fact that some benefited from the advice, but we have

five dead people, including children. i'm going to peck it -- pick it up withyou right there after the break. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor

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>> megyn: so, mark, what of it, the fact that some were allegedly saved and some were killed as a result, the think. >> i think that met gaits and -- mitigates and can help in a trial but doesn't negate what he did, assuming what he did was irresponsible. i'm not a meteorologist. the expert is have read from seem to indicate that what he did was nothing short of irresponsible, unconscionable in my mind, one person said. he had a duty to give more than off the cuff opinions. telling people to leave their homes and try 0 outrun a storm apparently is not what you're

supposed to do. i'm no expert. >> megyn: i'm asking about the slippery slope. start holding meteorologists responsible for the bad weather and evented that follow when they forecast, we're in a dangerous place. but he went beyond forecasting and did give advice. >> he did give advice but the advice did not have to be taken, and i don't mean to sound harsh. mark, when you have people and you know as well as i do, people taking the stand will say, my daughter, my son, i was saved by this guy for lisping to -- listenle to him. it's going to throw the claim out of court. >> it doesn't have to be taken but they're going at great lengths to beat the competitors to say, rely upon us. we have state-of-the-art technology, guy who has won 11 awards. you need to rely upon mike morgan, and people did. that's more than he is telling you where the storm is headed. >> he wasn't the only one that was doing it. so you get back to negligence,

grows negligence -- >> everybody wells else -- >> not going to hold up in court,. >> megyn: the family has not filed a lawsuit but the reporter who was covering their loss felt compelled to repeat their blame, because he said they were so insistent on pointing to this meteorologist. we'll see where it goes. thank you so much. we'll be right back with the update on the bottom-slapping nfl player. ♪

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>> a verdict for you now. a judge released chad johnson from jail. he she slapped the former nfl star with 30 days in the slammer after he slapped his attorney's backside. >> thanks for watching: here's "studio b." >> here's what we're following on "studio b." the nsa leaker, he is speaking out yet again, this time in an online live chat. it comes as ed snowden's father speaks out. the leaker's latest revelations could make things interesting in the g8 summit in island elf right now president barack obama meeting with russian prime minister vladimir putin. we're expecting new videotape of