most recognizeable figures. captain crunch is not a captain at all. three stripes, on the uniform means he is a commander. a food blogger first noticed this supposed fraud. steven colbert was upset about it right now. >> "happening now" is starts right now. martha: thanks for being here, rick. jenna: start off with a fox news alert, breaking developments in a murder investigation involving a player for the new england patriots. police are issuing an arrest warrant for aaron hernandez for obstruction of justice. we're learning a little bit more. so according to reports at this time, by reuters aaron hernandez is investigated for interfering with the investigation. a hard drive was heavily damaged. he was with lloyd the night he died. the lloyd was found dead in industrial park less than a mile from hernandez's home.

we're following new developments. we have a live report from boston in moments from now. jenna: meantime some new leaks revealing brand new information what happens to data collected by our government's top see vet -- secrete surveillance problem. happy friday. i'm jenna lee. jon: i'm jon scott. "the guardian" revealing document that is the nsa can keep documents about communications on or about u.s. citizens if it contains developments or evidence of crimes. this comes as new questions about admitted leaker edward snowden after reports that highering screeners at nsa contractor booz allen hamilton found possible discrepancies on his resume' but hired him anyway. president obama set to hold his first of ever meeting with a privacy board created way back in 2004.

we have team fox coverage. white house correspondent ed henry is live on the north lawn but we begin with national security correspondent jennifer griffin live at the pentagon. jennifer, how would you describe these new leaked documents?. >> reporter: john, they certainly contradict the assurances from u.s. official that is the nsa goes to great lent only to. the nsa mandate is very broad from what we can see in the documents. for instance i it can keep e-mails and telephone calls of u.s. citizens and legal residents if they contain, quote, significant intelligence. what does that mean? the analyst has a leeway to look through any person's e-mails while they try to determine if the person is foreign based. quote, a person reasonably believed to be located outside the united states or whose location is not known will be presumed to be a non-u.s. person. according to nsa rules on the targeting of suspects. these classified nsa guidelines suggest that

technically the nsa can look at american citizens e-mails and internet activity and they're not doing so is based more on the honor system than on a strict firewall. jon? jon: so the government says we should trust them but it seems like you can't even trust those who have access to this classified information that they are being vetted properly? reporter: that's right. we learned just yesterday that in fact the vetting of edward snowden at booz allen was somewhat flawed. in fact, millions more contractors are given top secret clearances and that also seems to be flawed. >> are there any concerns that mr. snowden's background investigation by, may not have been carried out in an appropriate or thorough manner? >> yes, we do believe that there may be some problems. >> reporter: that was the inspector general for personnel and management. what is apparent from these new classified leaked documents obtained by "the

washington post" and "the guardian" there are fewer checks and balances on the nsa than u.s. officials previously said, jon. jon: we're learning more and more every day about all of this it seems. jennifer griffin, thank you. jenna: as jon mentioned at the top of the though the president is making new moves to calm the rising waters of the nsa spying scandal. he is meeting for the first time with a privacy oversight board create ad few years ago in fact. chief white house correspondent ed henry is live in washington with more on this side of the story. hi, ed. >> reporter: great to talk to you jenna. you're right. president is playing both sides. critics on the right saying was not speaking outs for fully enough on behalf of nsa surveillance programs. a couple days ago in germany we heard him give a vigorous defense how the surveillance programs have disrupted dozens of terror attacks. now he is facing heat on the left as well because of privacy concerns. so he is meeting with his privacy board he had not sat down with before. the president, when he did speak out in germany a

couple days ago said that he believes he has brought more oversight to these surveillance programs. today though in a speech here in washington republican mitch mcconnell said the real focus shouldn't be on the nsa. he says the irs scandal as well as the justice department snooping in reporter records suggests to him in his words, there has been an assault on civil liberty abouts. take a listen. >> that's why we need to be vigilant about everyone of these assaults. they may seem small and isolated in the particular but together they reflect a culture of intimidation that extend throughout the government. a culture of abetted by a bureaucracy that stands to benefit from it. >> reporter:. >> but what i have been able to do is examine and scrub how our intelligence services are operating and i'm confident that at this point, we have struck the appropriate balance.

>> reporter: now the white house knows they have got to speak out on the surveillance program, specifically on the privacy concerns. that is hurting the president with his base. liberals have been speaking out saying he is not speaking forcefully enough on behalf of privacy. the thing about the millenials that helped elect the president and reelect him last year. these are young folks, some techies, very much on facebook and social media and they want to hear the president speaking out. we've seen recent poll numbers suggesting he is losing some of these millenials. this is the reason why. jenna. jenna: we'll watch this port of the story. ed, thank you. jon: for more on the latest developments let's bring in bob cues act managing editor of "the hill." the president will meet with the privacy board that nobody ever heard of before, bob. should we take comfort in that? >> well it shows that the administration is playing defense here. president obama ordered attorney general eric holder to meet with the media. president obama meeting with civil liberties board riddled with problems over past years.

a couple people quit because it doesn't have a lot of teeth. maybe there will be calls to increase the power of the board that very few have heard about. it shows the president is trying to play defense as ed henry said this hurts him with his base. that's why his numbers have taken a hit. the administration is making a case that these programs have helped thwart a lot of attacks but some are skeptical of that. jon: speaking of attacks, we were told by director alexander, keith alexander, the director of the nsa he would be providing to congress evidence of 50 attacks that had been stopped as a result of nsa surveillance programs. according to catherine herridge, those document, that information has not been delivered yet to capitol hill and he promised them a couple days ago. >> congress is getting antsy with this and they want specifics. some of it has to be done in a classified setting that is what is frustrating to democrats and republicans on a number about requests on the programs the administration has yet to provide that clarity.

i think congress will, if they don't get the answers pretty soon they will be pressing for it in the next several days, definitely early next week. jon: it does seem that nothing is sort of going the administration's way on all of this especially these new revelations via snowden that the nsa has been keeping information on, you know, individual americans and stuff. individual americans and their communications, stuff that we were told the nsa didn't really have access to or had no interest in. >> that's the problem, jon, that the administration has. there is narrative mitch mcconnell was saying whether nsa or irs, department of justice. we're hearing new dough talsz almost every day of what the administration is doing to keep us safe but, a lot of people, the polls show, don't think that balance that president obama said he is keeping between privacy and safety, it is just a bit skewed. i think it will be tough to get the new fbi nominee through the senate.

that will be a long debate. you're probably going to see possibly another long talk on the senate floor by senators like senator rand paul. jon: yeah. he seemed like kind after shoo-in, james comey did, the fbi director nominee but as more and more comes out about him and his involvement in some of these surveillance programs it is looking a little more precarious for him, isn't it? >> i think he will get through. the administration will have to give a lot of information it hasn't to congress before because i think his nomination will be held up, not necessarily because of his track record. he is respected on both sides of the aisle. they will seek a lot of information and thinks nomination will not be easy. jon: bob cusack, from "the hill." thank you. >> thanks, jon. jenna: for more on that story throughout the day today. meantime we're following break breaking developments in the murder investigation police linked to an up-and-coming nfl star. an arrest warrant now issued for aaron hernandez.

according to reports, the latest in the case coming up next. riots growing by the day. dozens are injured as angry protesters clash in police in several cities. what is being done to try to calm this situation? we'll tell you where it is all happening coming up look what mommy is having. mommy's having a french fry. yes she is, yes she is. [ bop ] [ male announcer ] could've had a v8. 100% vegetable juice, with three of your daily vegetable servings in every little bottle.

jon: some international headlines we're watching this hour, outmanned and outgunned. syrian rebels turning to homemade weapons in their fight against government troops. meanwhile president obama has authorized sending them lethal aid to the rebels for the first time. protesters clashing with police in brazil. more than one million people hitting the streets in at least 80 cities. they're demanding improved public services and an end to corruption. at least 40 people were injured in rio de janeiro

alone. in china a 2-year-old girl falls from a fifth floor window and into the arms of several men waiting below. the girl's parent reportedly left her home alone. two men were injured in the rescue. the girl walked away with just a scratch on her face. jenna: wow! turning back to the story we brought you at the top of the hour, police in massachusetts are reportered issuing a arrest warrant for new england patriots tight end aaron her nan sez. he is wanted for obstruction of justice in the murder investigation of his friend odin lloyd. that is the information we have now. worth to remind you that this story dranked drastically over last several days. it started on monday when lloyd was found, his body in an industrial park less than a mile away from hernandez's home. that is when the questions started. molly line is south of boston with more on this story. molly? >> reporter: good morning. what we don't know at this

hour where aaron hernandez actually is or if he returned to his upper class home in north attelboro, which is short walk from the industrial park where the victim's body was found. we're told by the bristol county district attorney's office this morning they can not affirm that an arrest warrant has actually been issued this hour but our boston affiliate reported that a state police source gave them a head's up that aaron hernandez will be charged with obstruction of justice but not clear where the state police are in the process. odin lloyd, 27 years old was found monday afternoon. fox 25 sources confirm a hard drive to hernandez's home surveillance system was heavily damaged. sources say there is video evidence that shows hernandez and two other men walking into hernandez's home within minutes of neighbors hearing gunshots. that happened roughly between 3 or 3:30 on monday but neighbors did not immediately report gunshots

to police. an hour before hernandez was seen walking into his home he was last seen as lloyd's home in dorchester according to sources that neighborhood is in boston. lived and hernandez and two other men were in a bar in boston the night of that killing during that evening. among other items the police are calling for help on this, they're reaching out to the public looking for a silver mirror cover which is believed to have been broken off of a vehicle that may be of interest in this case and maybe visible along the route between dorchester, that is where the home of the victim lies and here in north attelboro where the body was actually found. two communities essential to this investigation of course. at this hour we're still awaiting further word from the district attorney's office. they said pretty consistently when they have information they feel they're ready to release they will release it. we're keeping an eye on that. jenna? jenna: we'll watch along with you, molly. thank you. jon: a jury is chosen in the trial for the man accused of murdering teenager trayvon martin. coming up we'll tell but the

six people who will decide the fate of george zimmerman. a new amendment unveiled in the senate as lawmakers debate immigration reform. it talks about toughening up border security before granting legal status to millions of people living in this country illegally. we'll talk to the sponsors of that amendment. senators corker and hoeven join us live next. 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.

jenna: right now a major debate is going on in the senate over immigration reform. that is a big topic of the week and lawmakers are considering a newly unveiled amendment by senator corker and senator hoeven. we don't have the full text of that amendment yet. it is expected to be filed later today but aides tell us here at fox it calls for five steps to be taken before green cards can be issued to 11 million

immigrants living illegal in the united states. of course that is an approximation. these five requirements are as follows. full implementation of a e-verify system. full implementation of entry and exit tracking system for visitors to the united states. building of additional 350 miles of the southern border fence. that would bring the total of number of miles for fencing to 700. new technological infrastructure installed along the border as well for security. here's the final one. the hiring, training, and deploying of an additional 20,000 border agents. they're calling this the border surge in certain reports but, this amendment already is facing some opposition. senator ted cruz of texas promising to vote against it. take a listen. >> washington is very, very good at kibuki theater. a great many things in this town are stage managed. from the outset in my opinion it was clear that the managers of this bill

were going to near the end of the senate process allow an amendment that would at least purport to increase border security. that would be a fig leaf and allow everyone to say, hosana, the border is secured now. let's come on board with this gigantic bill. jenna: we're joined by two republican sponsors of the amendment. senator bob corker of tennessee and senator john hoeven of north dakota. a busy day. great to have you on the program. >> thank you. jenna: senator corker, let me start with you. we'll go big into the bill and talk about specifics. your party in general has been very critical of democrats in this administration of ushering in an era of big government. respond directly to senator cruz there. is your amendment just a fig leaf that green-lighting even more big government for americans? >> well, jenna, you can't have it both ways. i'm really proud of the work that senator hoeven and our

staff and others have put together here. this is the most robust border security measure that i have seen that has the opportunity of passing and solving the problem at the same time. and, this actually has even less, even though we have 20,000 border patrol agents and senator cornyn was calling for 5000, this is still a little less than senator cruz was calling for. this we think overwhelms the border. it is truly border surge. with all the other components that our staffs and we have put together, i think this solves the problem and moves awhole the issue of securing the border. i'm really, really proud of the effort we put forth here. if will be introduced in next short period of time. one issue is being worked on. jenna: what is that issue? what is that issue? >> you will see the bill when it comes out in a minute. it is not anything having to do with border security. this is a very, very strong measure. i'm very proud of it. for those people who are

concerned about border security, this should put it aside. jenna: let's, if you could, senator hoeven, if we can't get directly to that one holdup, i will not let that go too far. we'll go back to senator corker. >> i'm happy to address it. jenna: what is it? what is the one holdup, that is keeping the text from being released? >> as bob said our focus in this bill is to strengthen the border but there are other issues going on as well. for example, people, illegal immigrants in our, rpi status, provisional status don't get benefits. we've taken a tough line on that and we're getting push back from the other side. we're saying no. that is one of the items being held up. we're going to file this bill. our focus from the start has been tough border enforcement. 3.2 billion of strategic plan that includes all the latest technologies. 20,000 more border agents. 700 miles of fence. e-verify system. electronic entry exit at

airports and seaports that is what we're holding tough on. they keep pushing back. that is why it is taking time. jenna: interesting you mention benefits with some people already here illegally. that comes to the issue of accountability, senator corker. that is something that a lot of people have questions about in your amendment. we're talking about securing the border but what is the measure of success in your amendment? what tells us that the border is now secure and all these other efforts in the immigration reform can happen. what is the measure of that? >> well, immigrants can not get a green card until all 20,000 border patrol agents are in place. they can not get a green card until all three -- 3.2 billion of the technology that the border control has asked for is in place. they can not get a green card until the exit visa program that candidly is very important, is is in place. they can not get a green card until e-verify is in place. so this has the most

tangible, not subjective, tangible triggers that you can possibly put in place. every american can look at this bill, can look at the implementation and see that tangibly these things are in place. i think anyone who, anyone who criticizes this bill, because of border security, in my opinion, is just looking for a reason to criticize a bill. jenna: it is interesting that you say that because we have someone that has been very critical of this bill that is coming up next hour. and senator hoeven, the man is daniel hen anyone ger, columnist in "the wall street journal" he has a issue with a particular part of border security and that is the wall. he says a border fence will be the equivalent of america's berlin wall, a historic embarassment that he said will sit in the sun and rot. with doing that that will overshadow any efforts by the republican party decades to come for immigration. it will be a visible sign of the wrong type of policy.

respond directly to him? >> again you can't have it both ways. you either secure the border or you don't. we've got a number of things we're doing. it is not just that the border fence, it is 20,000 border agents. it is technology. it is e-verify system. it is entry-exit systems at all airports and seaports. here is another very important point. securing the border also means you take away incentive to come here illegally. if you have a mandatory nationwide e-verify system which we don't have now, people that come here illegally, if they can get across the border which they can't because we're going to secure it, they will not be able to get a job because an employer won't be able to hire them. so you also have a guest worker program that allows them to come here legally and go back home. you take away the incentive to come illegally and you cure the border. jenna: what about the citizens, i will have to finish up here. coy talk to you guys an hour about this. this is important issue and i appreciate your time. one of the things about the e-verify systems there has been concerns of just your

average american out there that thinks a national e-verify system might be another way to have a national i.d. database. senator rand paul is issuing his own fix he says to this. just respond if you could quickly to that because that's a concern give the nsa surveillance and other intrusions our viewers might feel on their own personal privacy. >> it is exactly like the pilot program that's in place now. there is no registry. there sh criticism of the e-verify as it is in this bill. that is totally felonious. it is not true. >> yeah. we're a strong advocates of personal privacy and the fourth amendment. this is about making sure we enforce employment law so illegals can't be hired. that's part of making sure we secure the border and have comprehensive immigration reform. jenna: the nos, thank you so much. we'll see the text, what you say in an hour? will we see the actual words? >> yeah. yes, i think you will. jenna: we'll watch for that. thank you for a clarification on a few other points. we look forward to having you both back. thank you so much.

jon: a scare in the skies. we're learning more about a near collision over new york city. the faa now investigating. after two airplanes got too close for comfort. we'll let you in on one pilot's conversation with air traffic control. also new concerns about the housing market as the fed considers ending the stimulus program. this as mortgage rates rise from historic lows. a look what it means for buyers.

jon: "happening now", new details in a near collision over new york city. a plane arriving at jfk airport got a little too close to a plane departing laguardia airport last week. both aircraft we are happy to say landed safely. still the faa tells fox news it is investigating the incident. laura engel is live with more information for us what happened? >> reporter: this is pretty scary when you break down to it. we still have more information we're waiting to get. we don't know how exactly the planes came to each other over the big apple. it was close enough for the faa to get involved. the incident happened at june 13th, at 2:40 p.m. in the skies over john f. kennedy and laguardia airports which have 12 miles apart from each other. delta air lines boeing 747 arriving at jfk came very close to shuttle, american embraer taking off from laguardia. a in a statement released today the federal aviation

administration says the two aircraft were turning away from each other at the point where they loss required separation. both aircraft landed safely. tower control audio between the air traffic controller and delta pilot released today gives us a glimpse into the moment a problem was flagged. here we have it. delta 17. this is the what controller says. heavy. traffic. 12:00. 1400 feet. embraer, 1600 feet. the pilot responds, okay. we've got them on the fish finder here. controller. okay, he is eastbound at 1800 feet. now faa regulations require that commercial planes be separated by at least three miles or 1,000 feet in altitude. air transportation experts say these type of air proximity incidents are routinely investigated by the faa according to the department of transportation there were 102 pilot reported near midair collisions in 2011. and as many as 90 in 2010. one expert we spoke to is

the good news the system worked and we have a second chance no injuries or fatalities to look at measures in place. as good as it is we know we can make it better. jon: they learn something from all the incidents. let's hope it doesn't happen again. thanks, laura. >> reporter: thanks. jenna: pretrial arguments in the george zimmerman murder trial are wrapping up today, this one day after the judge seat ad six-person jury made up entirely of women. they will be tasked with deciding if zimmerman committed murder when he shot and killed 17-year-old trayvon martin. here is what we know about the chosen jurors. five of the women are white. the sixth may be hispanic. that mirrors the racial makeup of area of sanford, florida, which is 78 1/2% white. the jury will be sequestered during the trial. their names will not be released until it is all over. interesting information just to note about what this jury looks like. we have a criminal defense attorney and former prosecutor. we also have brian, i'm sorry, eric swartz with us

as well to talk more about this case. brian, race is an issue in this story. we know it is. what do you think about this jury? >> i think the fact that race is an issue in this case is very sad and it really is a reflection of some of the major problems we actually still have in our country even though it is 2013. that said, i think the jury is very interestingly made up of a lot of people from the community but for the fact they're all women. as a trial lawyer myself i'm not too comfortable with that i like a jury that is mixed. everybody brings something different to the table. and the fact that it is all women may, you know, i'm sure from the defense perspective for instance, they're concerned that maybe they will overly sympathize with trayvon martin as a mother, for instance. i find a good mix is a belter mix. that said --. jenna: let me get eric to, we don't have that mix. among alternates there are a few men. but in general this is the reality of this case at this time.

what do you think about what brian had to say. would you prefer a different jury? if this is a jury that is there, what do you do with it? >> i understand what brian has to say but it is never one size fits all. the bottom line women tend to be smarter than men or a different --. jenna: i tell jon that all the time. he doesn't believe me but i'm glad you said it. >> my wife tries to convince me of that. but with that being said, the issue is that it's really not about whether it's women or men. this is a case about race. if you really want to know what the prosecution wanted, they wanted african-american jurors. in sanford unfortunately there is a very small african-american population. if you were to ask the defense what they truly, truly wanted if you're stair i don't type, the truth that is what lawyers do, they wanted white, older conservative males. they did not get that. what they got was women who tend to be smart. women, some whom own guns. some women that believe in self-defense. at the end of the day they're in that courtroom. they're seeing jurors. they're looking them in the

eye and they're talking to them. you win cases in two places, depositions and jury selection. jenna: sounds like you're both saying there are pluses and minuses. as we say this is the jury as it stands and no one said this is something they don't think is fair. neither side have come out. they agreed on the jurors so far. if could, brian, let me go back to the other point we didn't mention in the introduction. that is a big point of contention whether or not a 911 tape will be allowed in court where you hear screaming. and there's been certain experts that were called in to determine who is screaming, who is saying what. should this tape be allowed in. >> well here's the issue. normally it is not the fact that it is a 911 tape that makes it a problem. 9-1-1 tapes are regularly admitted in court all the time. this is what we call authentication. we need a witness able to take the stand and identify the voices on that tape. so far each side is trying to present their own expert with voice analysis which is horribly unreliable science.

no one really believes in this. this is where i think it is going to go. i think if trayvon martin's friend, the female, young female on the phone with him can take the stand and identify his voice, the tape may become admissible. that is where i think it is going. jenna: interesting, eric. what do you think the judge rules on this? >> you know, i think the judge is probably going to let it in. but the fbi came out and said they can not authenticate this type. they don't know who this voice is. i think it is very dangerous to let the tape come in. reasonable doubt, reasonable price, money talks. you can find an expert to say anything. i think at the end it will really confuse the jury. it will be an issue whether trayvon martin, was it george zimmerman? we'll never really know. zimmerman will say it is him. unfortunately trayvon martin is no longer with us. i think it would be a mistake to let this tape in. i do think the judge at the end will let the tape come in evidence. jenna: we'll see what the judge says. trial we believe starts on monday. brian, eric.

thank you. >> thank you. jon: there are new developments to share with you in the irs targeting scandal as reports surface the political advisor and chief of staff for the head of the irs visited the white house more than 300 times. we'll break down what this could mean as congress continues the investigation. plus new reports of video evidence possibly linking patriots tight end aaron hernandez to a murder victim the night he was shot to death. we'll get the latest on the investigation next ♪

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jenna: brand new stories coming up next hour. the autopsy is in two days after the sudden death of actor james gandolfini. the official report and new details what unfolded in moments before his death. the stage is set for an oil boom out west. we'll show you new evidence that the white house may be standing in the way of an economic surge. a debate that continues. the president is in damage control today as leaks continue spilling out about the nsa spying scandal. find out yet another way the government has been snooping on americans according to these leaks. jon: we are getting new information about the murder investigation involving nfl player aaron hernandez. there are some reports that police will issue an arrest warrant for the patriots tight end but on obstruction of justice charges. investigators have searched his home. they say they found the hard drive for his surveillance system and it was damaged. police have not named

hernandez as a suspect in the actual killing. reportedly there is video evidence that might show him with the victim on the need he died. 27-year-old odin lloyd was found less than a mile from hernandez's home. joining us by phone a journalist who has been on this case since it broke, wesley lowery, a reporter with the "boston globe." there have been all kinds of reports about arrest warrants issued and so forth. what can you tell us about that, wesley? >> here is what we know right now. according to our globe sourcing no arrest warrant has been initiated with the odin-lloyd murder investigation. that is not to imply an arrest warrant will not be issued. there was reports of a arrest warrant being issued on obstruction of justice charges for aaron hernandez the our sources say that is not the case at this time and no warrant has been issued yet. a this is still quickly developing case that could change within minutes, hours

and it could chain within days. there is no warrant currently issued for aaron hernandez. jon: your paper reported that he is not cooperating with police. is that still the case? >> to our knowledge that is still the case. aaron hernandez has not been cooperative with police, in some ways collaborate other reports, that abc news reported that he destroyed his security cameras. destroyed his phone. the understanding based on our sourcing he has not cooperated with law enforcement thus far in this investigation. which could potentially lead to some obstruction of justice charges. right now we don't believe he has been, no arrest warrant has been issued for him. jon: talk about what we do know. surveillance emerged showed him apparently with the victim on the street outside of a bar where they were in the hours before the killing, right? >> yeah. globe sourcing has told us that police have gotten video footage of aaron hernandez in the hours prior to this murder in dorchester, which is a part of boston for viewers not from massachusetts, with the

victim, with odin lloyd hours before he was killed. later video shows him back in north attelboro without the victim presumably. police obtained video of aaron hernandez with odin lloyd on the night of his murder, early morning of his murder. video evidence is a major part of this investigation from the beginning. they were scouring the streets both surrounding the hernandez's house and as well as lloyd's house to see who was coming and going, who he was with. trying to pinpoint who was with the man when he was killed. jon: we're looking at video footage. we're looking at a search of the house. there is also the report that he hired an extensive cleaning crew, or a cleaning crew to come in and do an extensive cleanup of his home on monday. i'm sorry, on tuesday, right? >> yes. so reporters have been camped outside of his wife since tuesday and they all saw a, cleaning crew coming out at the time, no one was quite sure, this is professional athlete living

in a large home. they weren't sure if this was normal. maybe tuesday is cleaning day. again some media reports have, citing law enforcement sources says the cleaning crew is suspected, maybe potentially cleaning up some type of evidence. this is the type of thing that could merit obstruction of justice arrest warrant or charge eventually. it is just inclear if and when that will happen. jon: then he has got some other problems stemming out after shooting incident in florida where a guy has filed a federal lawsuit, essentially saying that he, that aaron shot him, aaron hernandez shot him. >> in the face. that is a very interesting case as well. a case that would have made front pages and probably would have made national cable news separate from this. nfl tight end on being sued for allegedly shooting this man in the face and leaving him to die. it is a very interesting case, looking over the police report there. looking over the lawsuit itself. you know this man was found, aaron bradley was found

bleeding from his face, lost his eye out the back of this club. a strip club. and then, would not cooperate with police. did not name his, did not name his shooter. aaron hernandez never came up in the police report. after the fact, bradley decided to sue aaron hernandez in a civil case. so there's a lot of questions there. bradley's attorneys have not been particularly cooperative with us or with other reporters and nor have family members. there are a lot of unanswered questions about all of these things. at the end of day aaron hearn they were has a lot going on. jon: police will do ballisticses comparisons in both of these cases. wesley lowery a reporter doing great work for "the boston globe." thank you for share your time with us today. >> anytime. jon: you bet. jenna: following two straight days of big losses trading looked okay at the opening bell. the dow jones quickly started to gain losses over past couple days. as you can see the gains have not held. this is coming after a freefall, if you will, before closing yesterday.

the dow plunging 350 points. that is the biggest drop of the year. the reason for this is the uncertainty following news from the federal reserve on wednesday, the chairman, ben bernanke, chairman of the fed saying that he may scale back its stimulus program sooner than many investors thought. remember wall street is a lot about expectations whether or not they're met. investors are a bit concerned about that. whether their time lines met up with the fed's. here is at least part of the reaction as we go into a summer friday on wall street. jon: you might remember this from pop star justin bieber losing it big-time on a photographer in london. watch. >> [bleep]. >> man? >> what did you say, [bleep]. [bleep]. [bleep]. [bleep]. [bleep]. [bleep]. >> get back you --. jenna: just so tough. jon: thank goodness he has bodyguards to protect the photographers from this tough guy. we have brand new video of

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jon: new trouble in bober land. -- bieber land. justin is in hot water for crazy disputes and driving, crazy disputes with photographers. "tmz" says his entourage that they are terrorizing his gate the community. >> doesn't a dull moment in bieber land. this time his fancy southern california neighborhood, "tmz" getting hands on this video shot yesterday. you will see it in a second. shows two of bieber's vehicles speeding around the star's gate the community in the l.a. suburbs. then you see one of the drivers, identified as

rapper lil, confronting woman shooting the video. >> what is that for? >> for speeding. >> seeding? >> yeah. >> you driving too slow. >> it is 25 miles an hour. >> if you back up, i can get this open again? as a resident i should be able to open my gate. >> you're not a resident. >> i live with justin bieber. u know i do. would you please back this up so i can open this to get back in our homes. come on now. she not letting us what the [bleep]. >> bieber wasn't even there. she was in miami for the big championship game last night. but the pop star is developing a bit of reputation. monday he allegedly roughed up a photographer outside of a comedy club in l.a. several allegations of reckless driving. there is much more to the bieber saga. i would tell you all of it but we're out of time. back to you. jon: we appreciate it. rick folbaum. thanks. jenna: we are out of time. something to settle with "happening now." our team has a beef with other team

at fox. the gang of "the five" is ganging up on jon scott. i'm upset about it obviously. sequel to hilarious movie anchorman is coming out. and here is what "the five" is talking about. >> who is will ferrell at fox news? who is will ferrell? >> can i say. >> go for it [laughing] >> i hear, -- every time i watch -- >> you said it was jon. [laughter] jenna: bolling comes in our studio, kind of bragging. jon attempted to call the control room. jon: tried to protect my name. didn't work. but we have, we have eric bolling. jenna: as brick. jon: as brick. >> back with more more happening now. all business purchases. so you can capture your receipts, and manage them online with jot, the latest app from ink. so you can spend less time doing paperwork.

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>> reporter: hi, everybody, we're here in the "happening now" control room, and a brand new hour coming your way including drones at home. fox uncovering documents showing that the fbi has asked for and gotten permission to use drones for surveillance inside the u.s. a story you have got to hear, that's coming up straight ahead. also, could it be the smoking gun that directly ties the white house to the irs scandal? where conservative-leaning groups were targeted by the agency. monica crowley weighing in on who's on the white house guest list and why that matters. that's coming up straight ahead. also, if you're in the process of buying a new home, you might want to lock in that mortgage rate right now. we'll tell you about the latest thing that may have an impact on the housing recovery. all of that and breaking news as

the second hour of "happening now" starts right now. ♪ ♪ jenna: well, some new hope and a major push to hammer out final details of the senate immigration bill, and it all depends on border security, although the senators we talked to last hour said the hold up might come down to something else. we're glad you're here, i'm jenna lee. jon: all kinds of changes. jenna: and we don't have the text of the bill. jon: that is coming too. i'm jon scott. as usual, the devil is in the details. right now the senate is hashing out differences, debating various amendments including a new plan that calls for a military-style surge along the border. it would double the number of border patrol agents to nearly 40,000. alabama senator jeff sessions saying today that won't fix the problem. >> but if you're holding a bucket of water and it's got a bunch of holes in it and you

close one of the holes, all the water's still going to run out of the bucket. jon: chief congressional correspondent mike emanuel live on capitol hill now. there are all kinds of amendments being offered. what makes this border surge amendment so different, mike? >> reporter: well, jon, there were conversations between the republican senators and key democrats. senator chuck schumer, democrat from new york, who's a member of this bipartisan gang of eight, described a spirited 45-minute phone call the other night with senator john hoeven who is backing this particular amendment. so they negotiated, and there is a measure of bipartisan support. but a key in terms of trying to win gop support for immigration reform is saying this will be security first. >> immigrants cannot get a green card until all 20,000 border patrol agents are in place. they cannot get a green card until all 3.2 billion of the technology that the border control has asked for is in place. they cannot get a green card

until the exit visa program that, candidly, is very important is in place. they cannot get a green card until e-verify's in place. so this has the most tangible, not subjective, tangible triggers that you can possibly put in place. >> reporter: that courtesy of the fine "happening now" program and, of course, at this hour lawmakers are waiting for the final text of this critical amendment, jon. jon: i'm going to have to pay jenna extra for using that sound in your segment. the initial reports are this amendment is pretty popular, but what are some of the criticisms? >> reporter: well, one being cost because senator john cornyn offered a more modest amendment and was told that his particular amendment -- which was killed -- was a budget buster. >> i was told we don't need more boots, we need technology. now i find, to my shock and amazement, the distinguished senior senator from arizona say

we need 20,000 more border patrol. how much is it going to cost? that's the question. >> a magic amendment. the amendment that fixes everything that we can just relax and go home and take a good nap because we've got an amendment that's going to fix all the problems in the legislation. well, that's odd because we were told when the bill was announced that it was the toughest legislation ever, and it fixed everything. >> reporter: bottom line, sessions has been a very vocal critic of this immigration reform effort, and any amendment is unlikely to win him over to the overall idea of comprehensive immigration reform. another issue that ising being criticized is how will you actually measure whether the border is finally secured, jon? jon: so if they all get together and start singing "kumbaya" int, would you, mike? >> reporter: don't hold your breath. [laughter] jon: i won't. arizona senator john mccain, a

member of the gang of eight, he'll join us later this hour. we'll ask him about what senator kyl had to say there. and the immigration debate front and center this weekend. republican senators lindsey graham and mike lee will join chris wallace on fox news sunday. check your tv listings for local air times or tune in at 2 p.m. and 6 p.m. eastern on fox news channel. jenna: right now in other news, the white house is in some sort of damage control over the spilling of america's surveillance secrets. the president is meeting with a privacy watchdog group for the first time, the group established nearly a decade ago, and this after the latest revelation -- this meeting is happening after the latest revelation that the fbi is using drones for surveillance inside our country. chief intelligence correspondent catherine herridge is live with us now. catherine, what more are we learning now? >> reporter: well, thank you, jenna, and good morning. the documents were released by the faa after a freedom of information act request by a privacy rights group in california called the electronic

frontier foundation, and these documents are heavily redacted. but they do show that the fbi has sought and received permission from the faa on at least four occasions to fly surveillance drones inside the united states. you are not allowed to fly drones in domestic air space unless you have faa approval, and it has been granted to law enforcement and universities in this country in dozens of cases. in a statement after director mueller testified wednesday, the fbi said it used a drone during this hostage standoff in alabama last february after jimmy lee dykes snatched a 5-year-old boy off a school bus. that standoff ended with dykes' death and the boy's rescue. the records also show the fbi's formally asked the faa for approval as early as 2009 and got subsequent approvals in 2010 and also in 2011, jenna. jenna: we've heard from some lawmakers about their concerns about drones and their use inside this country and whether or not americans could be targeted, so this is one of the reasons why, you know, this really caught our attention. you mentioned some of the rules,

catherine, with the faa. what other rules should we know about the limited use of drones in the country? >> reporter: well, jenna, based on the testimony this week, critics say the fbi has put the cart before the horse by using drones domestically for surveillance when the rules are, ultimately, still in development. >> does the fbi own or currently use drones, and if so, for what purpose? >> yes, and for surveillance. i will tell you that our footprint is very small. we have very few and limited use, and we're exploring not only the use, but also the necessary guidelines for that use. >> reporter: and within the last hour we received a statement from fbi spokesman paul bressen, and it reads in part, quote:

>> r eporter: we've also learned that the atf and the dea also uses drones, but what we don't know is how many and whether they, too, are still developing rules while they have this kind of surveillance in place, jenna. jenna: interesting. more to this story as usual, catherine. thank you. >> reporter: you're welcome. ♪ ♪ jon: a brand new bombshell adding fuel to the irs scandal over targeting conservative groups. first we learned irs commissioner doug shulman was cleared to visit the white house 157 times during his term, nearly once a week. now we're learning jonathan davis, who was shulman's top political adviser and chief of staff, was also working closely with the obama administration, visiting the white house or next door as many as 310 times. monica crowley is a fox news contributor, also author of "what the bleep just happened." so what's the explanation here? i mean, are they just being diligent in checking in with the white house about everything the

irs wants to do? >> i'm sure diligence is really the answer to what was going on here. this plot thickens, but it was already pretty thick to begin with. we had the irs commissioner during the period of time when conservatives were being targeted by the irs visiting the white house 118 times, a grand total of at least 157 times. now we learn that his top political aide was at the white house from the fall of '09 through february of this year a whopping 310 times. remember, jon, that the irs is supposed to be an independent agency. it is supposed to be nonpartisan and neutral. we're supposed to have trust in the irs when they come, when the tax collector comes knocking on the door. the fact that the commissioner and his top political operative were in this white house so many times raises a lot more questions. and i think this is why the investigation needs to continue not just in congress -- and congressman issa's doing a fantastic job -- but the fbi. we saw last week, jon, we saw the fbi director, robert mueller, testify in front of congress that he had no idea who

was heading up this investigation, he had no idea how many investigators were on this case. now, that has since changed. he's submitted to congress that he has some details on this. but the idea that the fbi might be a little blase about carrying out the investigation on this issue which, to me, could, in fact, be the most dangerous scandal in u.s. history is outrageous. jon: you mentioned darrell issa on the house side. congressman membership mcconnell, the minority leader on the senate side, had something to stability the irs. take a listen. >> serious as the irs scandal is, what we are dealing with here is larger than the actions of one agency or group of employees. this administration has institutionalized the practice of pitting bureaucrats against the very people they're supposed to be serving. and it needs to stop. the good news is, more people are beginning to catch on. jon: seems to say, monica, there that the administration was sort of siccing the irs on people. >> well, now that we know the

irs commissioner was there so many times and that his top political aide was at the white house so many times, it really doesn't take a rocket scientist to put all these pieces together and say, hey, wait a minute, of course the direction came from the white house. originally, the irs tried to say it was cincinnati employees, low level, they threw them under the bus. then it got traced to washington d.c. but really when you put all the pieces of the puzzle together and understand that this white house had created a culture where this kind of thing was not just expected, but, well, really sort of put in place, you have the whole picture here here. what senator mcconnell is getting to is so critical. the attacks on conservatives and conservative groups by the irs had a material effect on two elections, 2010 and 2012. the whole objective was to to ch dissent by going after donors, going after their money flow, going after their ability to assemble peacefully and petition their government or oppose their government. it had the intended effect. so we know that this was

political, and so the investigation really has to flesh this out, and if congress can't do it or the fbi either doesn't want to do it or can't do it, we may need a special counsel. jon: we will continue to keep an eye on this. monica crowley. jenna: reports in from italy on the death of james gandolfini and his family's reaction. the latest coming up next. and the president's special relationship with berlin going from boom to bust? our news watch panel takes a look at what's changed and why. plus, the amazing story of a boy who hears his father's voice for the very first time thanks to a cutting edge new surgery. we'll have a doctor that does that same surgery live on set coming up later this hour. >> daddy loves you. daddy loves you. [laughter] daddy -- after a workout, i had a heart attack here in this gym.

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jenna: well, now back to one of our top stories of the day, the fight in congress over immigration reform. last hour we interviewed the two republican sponsors of a newly-unveiled requirement. one of the main ones is building an additional 350 miles of border fence in addition to the 50 miles that already -- 350 miles that already exist. our next guest has some serious issues with the border fence period. he says, quote: jenna: here's how senator hoeven, one e cosponsors of that aforementioned amendment, responded to these claims last hour. >> >> you can't have it both ways. look, you either secure the border, or you don't. securing the border also means that you take away the incentive to come here illegally if you have a mandatory, nationwide

e-verify system, which we don't have now. people who come here illegally, if they can get across the border which they can't because we're going to secure it, they're not going to be able to get a job because an employer won't be able to hire them. so you also have a guest worker program that allows them to come here legally and go back home. so you take away the incentive to come illegally, and you secure the border. jenna: dan yell henninger is -- daniel henninger is the one who wrote about the border fence being like the berlin wall, and you said you've had quite the reaction from the public in general. what did you think about what senator hoeven had to say? this is part of a more comprehensive plan when it comes to security. >> that's true, jenna, and i like the second half of what senator hoeven said about e-verify and the guest worker program. but i think if we had an effective guest worker program which would allow people to come in legally through the normal ports, work and then go home when there was no more work, you would not have to spend $40 billion fortifying the border

between the united states and mexico because no one would want to come across the border like that, as he's suggesting, if there was a program in place. so why do we want to spend $40 billion and array 40,000 border patrolmen along that border when what he's proposing in the second half of his bill will make it unnecessary? jenna: some people say it's like what you do for your home, you have locks on your door, an alarm system because you want to be the most secure as possible. apologize for that audio our viewers are hearing. what about that? >> the problem with that, jenna, is i think that the people who want the border secured are being misled by this argument that it is simply not feasible, it is never going to be possible to secure the worlder to 90% effectiveness -- border to 90% effectiveness which is the number that's in the bill -- jenna: in the gang of eight's version. >> yeah. you should can have 900 of every

thousand trying to get across. the border to brownsville in the east is 1,969 miles long. it's a very inhospitable environment. if you take that distance and stretch it from san diego northward, it goes all the way to chicago across five or six states. if you look at that line, the idea that you're somehow going to prevent 90% of people from trying to get across it is simply never going to work. jenna: we have on our screen for our viewers as well, just to dan's point here. here's the other side of it though. this amendment would bring, the amendment that hoeven and corker are offering, would bring the border fence to 700 miles, and that's what they're saying can actually have a fence. if you look at where the fence went up in the areas of imperial beach, we looked at this data, between 1993 and 2004 they saw a reduction of apprehension by over 90% over that 12-year period. now, some say that's due to just

more technology, more people being on the border and maybe some of these folks that were trying to cross there cross in another place. but doesn't that statistic impress you that more than, there's a 90% jump in apprehensions just where that border fence went up? doesn't that prove it works? >> it proves that what they did -- and i don't deny there have been many serious attempts put in place to try to deter cross-border crossing by illegal aliens. the question is, why do we need to go all the way towards trying to secure the entire border as a provision to getting this bill passed? it's a kind of conceit i think people have in their mind that if they can believe that the entire 2,000-mile border is somehow secure, they'll feel better about it. but that's never going to happen. i think the efforts they've made have been fairly successful in pushing back against -- jenna: i only have less than a minute here, but your bigger point is that the existence of a

border fence will live on to haunt the republican party. explain why you believe that. >> you're talking about an enormous array of technology, 100-foot towers, about 1800 of them. congress is going to have to appropriate money continuously over a long period of time to keep those in place to make sure the technology works. in that environment, jenna, a lot of this is going to erode, it's going to become an eyesore, and i think it's going to become an embarrassment to the united states that we've tried to create this huge wall between two countries. there has to be a more intelligent way to solve the problem, and i think the second half of what senator hoeven was describing is that more intelligent way. guest worker program and e-verify system. jenna: a very interesting point for our viewers to consider. dan, great to have you as always. thank you so much. jon: we are going to continue the conversation about this immigration bill. there are some major developments on capitol hill right now as republican lawmakers battle over that controversial immigration bill and some of the side issues. arizona senator john mccain

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jon: new details emerging right now about the sudden and surprising death of sopranos star james gandolfini who passed away wednesday while vacationing in rome. his family holding a news conference earlier today. >> today we received the results of the autopsy which stated he died of a heart attack of natural causes. the autopsy further states that nothing else was found in his system. jon: we're also learning that doctors at a rome hospital battled for 40 minutes to save gandolfini's life before pronouncing him dead. the family hopes to have his remains back in the united states by wednesday or thursday.

jenna: well, "happening now," serious new concerns about the obama administers' stance on -- administration's stance on the current oil boom as we're learning that the white house has authorized only about a third of the public lands in the western u.s. for tar sands and oil shale development. it's a big topic, lots of debate on both sides. alicia acuna is live in denver with more on this story. >> reporter: hi, jenna, yes, and there is a group of environmental conservationists who are saying there is still too much land being made available for exploration of these two types of energy, and they're planning to sue the bureau of land management for violating the endangered species act. but the blm is already going to authorize a drastically smaller amount of public land for use of oil shale and tar sands development can than what former president george w. bush's administration's energy plan called for. the blm says scarce water resources in the west are to blame but insists that this is also part of what it calls a,

quote, phased approach to safe and responsible commercial development. detractors say the u.s. is missing out on huge potential. >> we don't even know the total extent, but it's basically around a trillion barrels of oil which would be as much oil as the world has used since the first oil well was drilled 150 years ago. so it would be enough to power united states automobiles and jet airplanes and everything else for well over a century. >> reporter: conservation groups say oil shale leasing rules should be strict and limiting. here's one argument. >> why in the world would we sacrifice our heritage, our hunting and fishing traditions and all the sustainable economy that comes from that on something that's speculative? it doesn't make sense from a dollars and cents standpoint. >> reporter: now, the blm is still allowing public comment on its decisions through the end of this month.

jenna? jenna: a story to watch, alicia, thank you. jon: so the clock is ticking on passing immigration reform in congress. could a security surge on the border be enough to silence the critics of this bill in congress? we'll ask one of the so-called gang of eight senators who is pushing immigration reform, john mccain of arizona. >> the facts are that 11 million people live in the shadows, and they live here in de facto amnesty, and by god, they are being exploited every single day.

jon: "happening now," maybe call it the border surge. two republican senators hoping that a plan to boost border security with double the agents, a 700-mile fence and the use of drones will push a bipartisan bill on immigration across the finish line in the senate and also garner the support needed in the republican-controlled house of representatives. what are the chances? senator john mccain, one of the so-called gang of eight senators who's pushing the immigration bill through the senate, joins us now live from phoenix. so you were just telling me during the break, senator, that the corker-hoeven amendment is in now, the language, the language is there for everybody to read. do you like what you see? >> i do like it. i give great credit to senator corker and senator hoeven for the work that they've done, and i think that this legislation

should reassure anyone who is concerned about a lack of security on the border. is it more than i would have recommended? honestly, yes. but we've got to give people confidence. and by the way, if there's anyone who still will argue that the border's not secure after this, then border security is not their reason for opposing a path to citizenship for the people who are in this country illegally. jon: and do you believe you'll get democratic support as well from this republican amendment? >> we have, yes, we have solid democratic support. they don't particularly like it, but they are interested in getting this whole issue of comprehensive immigration reform done, and they realize as we do that we need additional republican votes in the republican senate so we can send a strong message and hope our friends on the oh side of the -- other side of the capitol will address this issue very seriously. jon: one of the senators who didn't seem to much like it is

your fellow republican, john cornyn of texas. and based on what the microphone picked up, it sounded like you were pretty close by when he made this complaint. listen. >> i was told we don't need more boots, we need technology. now i find to my shock and amazement the distinguished senior senator from arizona say we need 20,000 more border patrol. how much is it going to cost? that's the question. jon: so what about that? what about the cost? can we afford 20,000 more border patrol agents? >> here's why we can, and that's because according to the congressional budget office over the next 20 years we're going to have $700 billion in additional revenue as a result of the passage of this legislation because of the jobs that it creates and the increase in our gross domestic product. so we can afford it. and i would respond one thing to my friend from texas, he's against fencing. he says he wants to get the border secure, but he's against fencing in the state of texas. interesting kind of

contradiction. i'll look forward to continuing my decision with my friend from texas. jon: you're thinking he'd be okay with fencing in arizona but maybe not in texas? is that what you're saying? >> that's a conclusion one might draw. i don't know how he is about fencing in arizona. but we do need some more fencing, and there are areas where it is absolutely necessary. and, look, all of these things that succeed are a series of compromises without departing from principle. and this principle is that we increase border security, we have a system that makes sure that we verify people who are in this country illegally before they can get a job and do a humane but tough path for people to become citizens. all of that requires compromise, and i'm confident that we can get this done because the fact is that there's, as you saw my rather calm statement on the

floor of the senate, there are 11 million people who are in this country illegally, and they're here in de facto amnesty. i say that to one side, and being exploited and mistreated in many ways without the protections that ordinary citizens have. that's why i think they need a legal status, but a tough, tough path to citizenship. jon: we saw the difference in viewpoints between yourself and texas senator john cornyn. what about the states here? i mean, do the states have any individual say in how some of these border control measures get put in place on their own respective borders? >> yes, they do. and in one of the provisions of the bill, if after five years we have not achieved certain goals, that there will be a commission to spend additional funds, and most of the members of that commission will be from states that are affected by or on the mexico southern border and some on our northern border.

jon: so, again, you're confident that with this corker-hoeven amendment, that this thing will have the support in the senate to pass. what about the house? what are you thinking about its prospects there? >> first of all, this legislation already had enough votes, like 60 or 61. but we need as many as possible, particularly republican senators, to send the right message to the house of representatives. so in the house of representatives, i don't know. i can't predict. i do know that congressman paul ryan, our former vice presidential candidate, has come out in support. there are many who are in support of it. but we're going to have to do a job of convincing a lot of people. and we're going to have to enlist the help of the business community that we supposedly represent, we republicans, because the business community is solidly behind this legislation because they know how badly it's needed for america. and so we're going to have to

enlist a lot of forces, including our evangelical community who's very support i have as well. jon: senator john mccain, republican of arizona, thank you. >> thank you. jenna: well, to wall street now, on the heels of the worst trading day of the year. right now the dow is trading down by more than 40 points, this following yesterday's plunge of more than 350 points. and all of this is in reaction to the fed that's considering ending the stimulus program that it's been participating in earlier than many expected. this is sparking new concerns about the housing market in a very real way and what it means to americans hoping to get those historically low mortgages we've been talking about. it's a big question for david lee miller who's joining us live from new york city with more. david lee? >> reporter: it's best said this way: if you're planning to buy a home and you haven't locked in a rate, what are you waiting for? industry analysts say home prices annually are up just over 10% in the last year, and

mortgage rates are expected to increase. according to the federal home loan mortgage corporation, freddie mac, the average 30-year fixed mortgage is now 3.9% compared with a low of 3.31 last november. it's causing some potential buyers to jump into the market. >> business has been very, very strong, and one of the main reasons for that is the fact that people want to take advantage of what we still perceive as low interest rates compared to what they've been in the last ten years or six years. so they're still relatively low. >> reporter: many economists believe that a year from now mortgage rates will hover around 5%. historically speaking, still a pretty low rate. how high will they go? that's anyone's guess. if, however, they spike to 7% or higher, that's when the housing market could be in trouble. according to freddie mac, buyers with medium incomes would be

priced out of already-high cost markets such as san francisco, southern california and the northeast from washington to boston. other areas that would also be unaffordable for many buyers include seattle and miami. while the prospects of 7% interest rates would chill home sales, most economists, though, don't see that happening at least anytime soon. >> i don't see that's something that's likely. i think that you'd have to see something happening much bigger in the overall economy, say inflation spikes higher or interest rates for other reasons climb higher. i don't think that's likely. >> reporter: interest rates aside, experts say the housing market is on track for recovery. during the recession new home construction dropped by about half. now thanks to supply and demand, the market is expected to improve if -- and this is the if -- the general economy doesn't suffer serious setbacks. jenna: we'll see. david lee, thank you. jon: well, president obama getting out of dodge, taking an extended trip overseas at a time

when his administration is surrounded by scandals. but his hopes for a warm reception like he received in 2008 not exactly going the way he might have wished. our news watch panel weighs in on the media reaction at home and abroad.

♪ ♪ jon: it seems europe's enthusiasm for our president might not exactly be what it used to be.

the crowds in berlin a lot smaller this time around now that he has a record as president compared with his visit as a candidate back in 2008. reaction in the media also quite different on this visit. let's talk about it with judith miller, a pulitzer prize-winning investigator reporter and author, kirsten powers from "the daily beast," both are fox news contributors. we saw the crowd, and i think we have a graphic that describes or, you know, shows the size of the crowd greeting candidate obama in germany in 2008 versus the crowd that saw president obama in 2013. the white house took pains to point out that this was an invitation-only crowd this time around. what do you make of the differences, judy? >> i think the difference is obvious. you even all of the people who got invitations didn't bother to show up. they were 2,000 down, never mind comparing it to jfk's visit in 450,000. look, it was a lackluster performance, and everyone agrees

on that. left, right. the reviews, if this were a broadway show, it would close on opening night. jon: kirsten? [laughter] >> well, i mean, hard for him, obviously, to -- the comparison of the last time would be very hard for him to meet those expectations. so i think he was being measured against that to a certain extent, and also the fact that he's not very popular right now and a lot of things that he's doing that are making people in the u.s. upset also are upsetting to europeans. i looked at the reviews, "der spiegel" had something up how they responded to it. it wasn't that bad, actually. you have some people on the right who were definitely blasting him, but it was sort of mix mixed. it wasn't the enthusiastic response he got last time, but he wasn't exactly bad. jon: what about the topic overall? he goes to berlin and talks about, you know, reducing nuclear arsenals which might be a, might be a valid topic there. there is, perhaps, more of a concern.

but with all the things going on on the world stage, why talk about that? >> because that's his strong suit and also, by the way, something he believes in passionately. i think that the president is deeply committed to reducing the number of nuclear weapons in the russian and the american arsenals. but at a time like this when the germans are focused on the nsa revelations, then it's truly different. jon: yeah. it seemed like kind of a strange change of topic. >> right. jon: kiver ten, any thoughts on that? >> well, i mean, was he going to talk about spying on americans? [laughter] you know, killing people with drones? i don't know, what else was he going to talk about? he's trying to change the topic, i think. jon: all right. something else that caught our eye, chris matthews had jeff daniels, the actor, on his show and was raving about newsroom. just so happens that chris daniels is a consultant -- i mean, chris matthews is a consul trant for that show. >> what a surprise. and his son is, apparently, also an actor on that show.

long ago we got rid of the distinction between commentary and news, but we thought that the ethical standard of not hawking something that you're actually being paid by, we thought that that one was kind of sacrosanct. apparently not. if you're going to take money from a show like that, you should at least fess up to your viewers. >> yeah. [laughter] jon: yeah? okay. >> that seems obvious. i just thought it was interesting to see -- it explains a lot. i just watched the show for the first time and, granted, i only saw a couple, but it is kind of what msnbc imagines themselves to be, you know? jon: it's not exactly a down-the-middle program, as you told me earlier. [laughter] >> i love the show, but as far as i can tell, the three of us are the only three journalists who are not being paid to advise them on what works and what doesn't. [laughter] jon: all right. judy miller, kirsten powers, thank you both. we will have much more tomorrow on news watch, 2:30 eastern time. jenna: well, jon, it's an

astonishing medical breakthrough caught on tape. take a look. >> daddy loves you. [laughter] daddy -- >> yes, here. >> can you hear daddy? jenna: really amazing to watch this 3-year-old little boy hearing his father's voice for the very first time. how doctors made it happen. we'll talk to a surgeon that does this type of surgery coming up next. you know throughout history, folks have suffered from frequent heartburn. . . . . in the first place. [ male announcer ] one pill each morning. 24 hours. zero heartburn.

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jenna: have you seen this video? it's a medical miracle that's really captured for all of us to witness. a 3-year-old little boy, deaf since birth, hears his father's voice for the first time thanks to a new, high-tech implant. >> daddy loves you. daddy loves you. [laughter]

daddy -- >> yes, hear. jenna: we said a new implant, but it's actually been around, this technology, for more than a decade. little grayson is one of the first children to receive it, and we're joined by a doctor who has performed this type of surgery. he's from columbia university medical center and rushed down to join us so, doc, it's great to see you can. i know you're a doctor, but when you see that video, what goes through your mind? >> amazing, just amazing. i mean, here's a child who's never heard before, never heard his parents before, never herald a sound before -- heard a sound before, and he suddenly lights up. jenna: we still don't know what he's hearing, right? there's a mystery about what this device actually produces inside. >> exactly. we don't know whether he's hearing words or sounds. it'll take them some time to figure out exactly what he's hearing in the first place. jenna: tell us a little bit about what is this implant? >> well, okay. so normally when we hear, we hear it through our eardrum, the three little hearing bones, and we have the inner ear.

and the inner ear is connected to our brain. so if we lose hearing normally, we put a hearing aid on or something called a cochlear implant which we put in the inner ear. this child has nothing connected from the ear to brain. jenna: wow. >> so the hearing aid won't work or cochlear implant won't work. what they did is they put an implant directly on his brain stem which is one of the first steations in the brain. -- stations in the brain. jenna: how effective is it? >> well, we don't know. in adults it was primarily performed in people who had no hearing nerves, and they often had brain tumors, and that's the reason the ear wasn't connected to the brain. the performance has been iffy. they have perception of sound, but they couldn't carry a conversation or understand what we're saying. the hope in children, of course, is because their brain is otherwise normal and it's much like learning a language, so if they start to hear something, they might actually develop --

jenna: so they're going to almost develop their own sense of language and hearing and sound, and as they grow, they're able to adapt that. and would little grayson be able to, in the best case scenario, eventually carry on a conversation as we are right now? >> exactly. in the best case scenario, he'll perceive whatever sound he's hearing in words and language so he can communicate. jenna: it's so exciting to see his reaction, and i'm just curious where you think this seasonal is going to go -- technology is going to go. we see it's a rather large device on his head. what does it look like 10, 20 years out from now? what are you looking at? >> so i think the field is moving toward something that's totally implant bl so there's nothing on the outside to, number one. number two, i think as we get experience in children who haven't had brain tumors, have a normal brain and we learn how they process this sound, we may actually learn better how to present the information to the brain to the implant so they can acquire faster better. jenna: it's an amazing job you

have. must be very satisfying. >> oh, it's great. and it's a very happy, happy field. jenna: it's great to have you. thank you so much. it's nice to have your expertise. and we'll be right back with more "happening now." the math of retirement is different today. money has to last longer. i don't want to pour over pie charts all day. i want to travel, and i want the income to do it. ishares incomes etfs. low cost and diversified. find out why nine out of ten large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus, which includes investment objectives, risks, charges and expenses. read and consider it carefully before investing. risk includes possible loss of principal.

one of the most highly charged cases to hit the courts since o'jay simpson's murder trial. well come to "american life." i'm megan kelly. with less than 72 hours to go, we are awaiting one more critical ruling at any point from the judge in the george zimmerman/trayvon martin trial. zimmerman has been a self-described neighborhood watchman that admitted to killing an unarmed teenager but he says he was acting in self-defense. before the trial kicks off on monday, the judge has to decide whether she is going to allow experts to testify about screams heard during a 911 call the night trayvon martin died. this is turning out to be a crucial part of the case. here is part of the call.