>> steve: very, very nice job, carol alt filling in today. >> carol: thank you! thank you. couldn't have done it without you guys. >> brian: have a great day, everyone. bill: welcome to fox. welcome to monday morning. a fox news alert inside the courtroom now. george zimmerman just walking into that courtroom as opening statement in his second degree murder trial are about to begin. i'm bill hemmer. welcome to america's newsroom. martha: over the weekend it was a minor victory for the defense team because the judge ruled audio experts cannot testify in court about how it was heard screaming for help in the background of the 911 calls

made. >> you need help? >> yes. there are gunshots. bill: it's always dramatic when you hear that. the parents of trayvon martin stopped and talked on the way into court. what did they say? >> reporter: the mother of trayvo holding back tears. however, she and her ex-husband tracy martin expressing great confidence here as we get to opening statement. great confidence in the evidence of this case. they are expecting a guilty verdict based on two key facts. >> i'm here today as trayvon more taken's mother as i have been every day i will be attending this court. and to try to get justice for my

son. >> number one, george zimmerman was a grown man with a gun. and number two, trayvon martin was a liner who had no blood on his hands. bill: the defense of course has those stanford police department photographs of george zimmerman shortly after the altercation showing a bloody george zimmerman face as well as blood and scrapes on the back of his head. inside the courtroom we are seeing pictures, george zimmerman there at the defense table. and shortly we'll have the prosecutor begin what are expected to be a couple hours of powerful opening statements. bill: the judge will make some last-minute important decisions, what are they? >> reporter: disallowing any expert audio analysis of who was

making the screams. we'll still hear the 911 tapes and the state and the defense will be able to put witnesses on the stand as to who it sounds like like trayvon martin's mother. but george zimmerman telling a neighborhood resident after the shooting, trayvon martin was beating me up. when the first officer arrived george zimmerman told him he yelled for help and no one helped him. but because these are self-serving judge nelson may not rule on that. the prosecutors rule on two of the textbooks george zimmerman had when he was going to college studying criminal law and two e-mails he wrote referencing those studies and i'm told these will involve george zimmerman being well ground in the state's

self-defense law. bill: phil keating leading our coverage as that trial gets underway at this hour. martha: all of this got started back in february of 2012. police responded to a call of shots fired in sanford, florida. they found 17-year-old trayvon martin on the scene shot dead. a police spokesman identified zimmerman as quote the man who fired the gun. two months later george zimmerman was charged with second degree murder. he posted bail on april 23. six weeks later a judge ordered zimmerman back to jail, revoking his bond. he then vote offed the $1 million bail.

he was set to make curfew from 6:00 at night to 6:00 in the morning. bill: if convicted of second degree murder he faces a maximum penalty of 25 years in prison. 1st degree felony is up to life in prison. martha: where in the world is edward snowden. the admitted nsa leaker flying out of long congress. this next destination was reportedly cuba. but brand-new video shows the seat he reserved from havana to moscow. a bunch of reporters on that plane, they were stuck. but where is he now? the mystery on this grows by the minute. catherine herridge live in our

d.c. bureau. that's the big question this morning, right? the. >> reporter: moment ago we had a news conference from ecuador's foreign minister. they believe edward snowden is being percent cute. they are considering his request for asylum. and his request for asylum is being characterized by ecuador as a human rights abuse, this broad surveillance. john kerry signaled there may be consequences for china and russia if it's shown they failed to cooperate with the u.s. on snowden. >> with we expect to the china-russia relationship and where this puts us, you know, it would be deeply troubling obviously if they have adequate notice and notwithstanding that they make the decision to ignore that and not live about it standard of the law.

>> reporter: the russian airline confirmed there is a ticket in snowden's name traveling from moscow to cuba. that flight left this morning apparently without the nsa laker joan board. it's possible the rugs will not release snowden. martha: that's a tricky walk. i don't know how you get to the airport without going through the checkpoints and officially being in the country. there is the whole issue of whether there are more leaks to come from edward snowden. >> reporter: the director of national intelligence claims they believe snowden has more document. one official charactered the the number of document as voluminous and extending well beyond

classified material held by the ns sarks. the chairman of the house intelligence committee says the leaks are exposing secrets and the nation's adversaries are exposing those secrets. only a fraction of those cases benefited from this sweeping collections of american phone records. >> the scope the business record fisa * can deal with are those just over 10. it allowed us to form some of the dots. i think that's key in what we are trying to do. >> reporter: critics countered the sweeping phone records are not the tip in this investigation. bill: feinstein said the chase

is on. we think the chase is at the airport in moscow. remember where this flight began. it began in hawaii when he was off the radar. and when the story broke was in a hotel in hong kong. it was reported that he flies to havana cuba, then on to ex what doer. but we believe he's in moscow right now. you wonder how this guy just defies u.s. law and the u.s. government. the nsa should have known where he was the whole time. what did lindsey graham say? he says the freedom frame does not run through beijing, moscow and havana. martha: it raises a question about how this contract has such extensive access to stuff that could be so potentially damage. we are on his trail this morning

and we'll let you know where he shows up. reaction now to edward snowed's flight from justice -- edward snowden's flight from justice. >> they should use every legal avenue we have to bring him back to the united states. if he believes that he's doing something good -- by the way he went outside of all the whistleblowers after news available to anyone in this government including people who have classified information. we get two or three visits from whistleblowers every week in the committee and we investigate every one of them thoroughly. he believes of did something good he should come back and face the continues of his actions. martha: snowden's reported choice he says undermines his claim that he's simply a

whistleblower. bill: he says china was not simply a bystander. >> i think it's a very big surprise. i thought china would see this as an opportunity to improve relations and extradite him to the united states. china clearly had a role in this in my view. i don't think this was just hong kong without chinese acquiescence. bill: fine tine adding snowden need to be caught and brought back to the u.s. for trial. martha: we are following major developments regarding apartheid leader nelson mandela. he's in critical condition and that condition is worsening. doctors are doing everything to

insure his well being and comfort. bill: an incredible feat of daring. nik wallenda, the ultimate high wire act. that's the grand canyon beneath him on a wire 2 inches wade. all without any harness or safety catch. we'll show you that nail biting video. martha: new details on the hernandez situation when we come back. bill: the white house expressing serious concerns russia is not willing to play ball and send the leaker edward snowden back to the u.s. to face charges.

bill: police in massachusetts launch a new search for evidence spending nearly 4 hours at the home of new england patriots

tight end aaron hernandez focusing in the backyard in a wooded area nearby. good morning to you. >> good morning, bill. bill: it's my understanding he was not spot at all saturday or maybe sunday as well. do we know where he is? >> he's in his house. saturday we had a picture of him peering through the glass of his front door. he was in his house all day saturday. we haven't seen him leave season then. bill: you have been in touch with police. you talk about a warrant. what did you see on the warrant. >> there are three warrants filed in the court. one was to search his house saturday. they stayed there for four hours. took off evidence bags. still two more warrant we don't know what they are for. they are not arrest warrants.

people are reporting that but is there not an arrest warrant to be seen in the court record. bill: take me to the club he apparently attended over the weekend providence. what did the club owners tell you? >> the club owners in club desire south of the border of massachusetts say the police came in and they left. he was very tight lipped as strip club owners tend to be about what went down. but the police were there. they searched that club. we spoke to other club toners and said some of the patriots do come down to the clubs. it appears the police are trying to piece together some type of time line. bill: is it a fact hernandez was there with odin lloyd? >> we don't know. another club owner told me they

have surveillance video but they are on a loop so they last for three week then they tape over it again. so that could be the time line the police are piecing together. bill: what have you heard from the patriots? he went through their facility thursday of last week. what happened when he arrived there. >> he was asked to leave. you had media helicopters trailing his every move in his suv. he goes to gillette stadium and leaves. we are told the patriots said please leave. he goes to a gas station all the way into boston to his lawyer's offices. bill: is it a fact that he destroyed his cell phone soofnt surveillance video inside his own home? and if so could he be facing an obstruction of justice charge to get this thing rolling?

is that a possibility? >> it is a possibility. one expert said all of these things could be a possibility. but those are report. it's not a fact yet. the police have not yesterday -- the state police investigators have not officially said what has gone down. those -- some of the reports out there -- but if it's true, that's a serious matter. bill: joe dwinell from "the "boston herald"." martha: thousands turning out in support of the on known army prisoner in afghanistan. >> take your time.

>> i am. [cheers and applause] bill: that's a cool shot. daredevil nick which len today pulling off a death-defying feat over the grand canyon. what did he do and what he said. >> ladies and gentlemen he made history.

bill: a quick check of the headlines making news. an american factory boss in beijing says he has been held hostage by workers for three days. they are demanding severance. >> silvio berlusconi is accused

of paying for sex with an underaged girl and abusing his office to cover it up. >> the full moonshining bigger and bright than usual as it makes the closest swing by earth this year. some amazing stunning images of this super moon. there in greece. i swear this thing is messing with my sleep. martha: no, bill has a theory it's messing with his sleep. martha: did you see this? daredevil aerialist nik wallenda pulling off an incredible feat. watch this. >> god praise jesus. >> how are you feeling, nik. >> good, a lot of wind. praise you, lord.

wind are way war than i expected. martha: i can't talk to you right now, dad, i need to talk to god. despite the high wind it took him 22 minute to walk a quarter mile over the grand canyon. look at these unbelievable shots. good morning, rick. >> reporter: what's the big deal? martha: what is the big deal it many only a quarter mile. >> reporter: the last time we saw nik wallenda he was walking across the boardwalk in atlantic city. this time niagara falls. this time he stepped it up a bit. that was the big finish.

the stunt man walked on the tightrope without a safety rope or harness 1,500 feet above the little river gouge. he paused and gripped twice as the wind caused the rope to sway. he says the wind blew dust into his eyes. that was quite a finish for that man. he walked those last few steps and kissed the ground. first person ever to cross the canyon on a wire. martha: it's truly unbelievable. we know his grandfather was killed in one of these high-wire acts. his family members know that is absolutely a possibility of what could have unfolded there. what else can you tell us about this man? >> reporter: he describes

himself as th the king of high ware. he grew up with his family where his grandfather died in puerto rico at 73. a cousin and uncle perished while performing wire-walking stunts. he says this walk was in homage to his famed great grandfather. he says he hopes his next feat will be walking between two new york city skyscrapers. joel os seen greeted him on the other side and they were praying. martha: we'll be here to see that. i'm glad that one is over and ended well. bill: i mean really. the viewership was amazing. he's expecting the wind to come and it's stronger than even he thought. rick mentioned he could walk

between the empire state building and the chrysler building. that's about a half mile. about twice the length. good job, nik. martha: he prayed his way through it and thank goodness it helped, apparently. we'll tell you about something else that happened this weekend. bill: a horrifying show disaster. a stunt plane goes down in front of a whole crowd of people. how people are remembering the victims. martha: some new questions about our relationship with russia after it's apparently giving safe harbor to fugitive edward snowden. where is he and what does this say about our relationship with the international community. kt macfarland as some thoughts on that coming up.

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martha: there is a key senate vote that is expected today that could pave the way for a sweeping new immigration reform bill. senators say 60 vote are what they would need to end debate. some think they could get 70 which would be a more decisive victory in the senate.

karl rove is a former senior advisor to president bush. karl, good to have you here. what do you make of this? it look like it's got some momentum in the senate. some people are saying it's too much of a rush. they want more time to read the additional 100-pages from the corker amendment. >> there will never be enough time for some members and his amendment is 119 paimgs. it's -- 119 pages. it's easy to read. it's part after larger bill that's been laid out since may. it has five provisions. 20,000 more border patrol. $4.5 billion additional for border security measures.

a guarantee of 700 miles of pedestrian fence. we now have 350. it requires an implementation of an entry-exit system for visas. 40% of people who come in the youth on a visa overstay it. this will allow to us track that. and full implementation of e verify. before you can get hired for any job in america you have to demonstrate you are an american citizen. the employer has to go online and make you are yo you are a u. citizen and can be employed. any time you touch immigration law it's complicate. we saw this over the weekend with a story out of breitbart that says anybody who overstayed their visa would be give and visa. instated was not true. fit was a provision that says if

you are from one of nine countries given temporary protective status because of war, and you have been employed for 10 years you can get in line to become a citizen ultimately at the back of the line, can't happen for another 10 years and so forth. martha: that's the clarification on that. i want to just ask you. as we look at a poll, rand paul is saying forget, this will come to the house. it's dead on arrival to the house. even if they get it through the senate. even if it has momentum. politically for republicans how likely is it anything moves forward that could be significant in terms of immigration policy in the next election? >> as you saw in the new fox poll. they are strong numbers. 80s% of the american people want stronger border security. there is support for the built

but the devil is in the details. senator paul may be right, he may be wrong. one of the things about the legislative process is it's hard to forecast, particularly if you are a senator depicting how the house is going to act or the house depicting how the senate is going to work. my personal view is the process should keep going and we should see what the house generates in response to the senate. if the senate passes a bill the house is not going to be inclined to take up the senate bill. if the house does produce something it will be in many respects different from the senate. martha: some republicans say if you pass immigration -- >> i think it's ridiculous the 2016 election will be based on a bill that doesn't allow people to become a u.s. citizen for

13-15 years from now. but i understand there are political ramifications. my personal view is if republicans and democrats pass a comprehensive immigration bill they can make their case to the latino community. romney got 27% of the latino votes nationwide. in the battleground of battleground he got 42% of the latino vote. we can get past this issue republicans have a chance to make a case. we have a broken system that need on fixed. martha: thank you, carl. see you later. bill: the u.s. supreme court could be a busy place in 23 we are just hearing that the supremes will take up the case as to whether the president can make recess appointments while congress is out not in session.

they will take that up next session. but at 10:00 a.m. eastern time it could be a list of cases waiting on gay marriage, affirmative action, voting rights. if the supremes decide you will hear it first here on "america's newsroom." the international space station astronauts clearing the way for a new module to be installed this year. what will they be doing there today, steve? >> reporter: this is the start of a 6-hour space walk by two of the russian cosmonauts. they will be going outside the space station to retrieve some experiments and prepare the space station for the arrival of a russian lab later this year. the two nasa astronauts will remain inside. they are going to continue to work on experiments including

one that shows how human bodies grow up to 3% on the long duration space flights and return back to their normal size back on earth. martha: that's kind of freaky. this walk is not only action going on in space today. what else is happening? >> china's president congratulated three chinese astronauts with their successful dwok china's own space station. in 10 years' time china has gone from a simple manned space flight to their own temporary space station. china hopes to have it own long-term space station within 7 years and china's president vowed to continue to make great stride in space. bill: they want to figure out how you stretch and come back to

normal size. martha: it's interesting. i would like to know more about that. russia is ignoring white house requests to kick out nsa leaker edward snowden. bill: horrifying action at an air show leaving two people dead. the spectators stunned when this happened. >> it was shocking. we came early. we never thought we would witness this. it's really sad. >> there are no word for it.

martha: markets opened 14 minute ago. dow jones industrials down about 160 points. we'll keep a close eye on the action. not a good opening for wall street this morning. bill: are new questions being raised about our already strained relationship with russia? moscow offering safe harbor to edward snowden despite requests from the u.s. to kick him out. new york post covered this morning. comrades. epic cover.

the new york post. what's putin doing? >> he's thumbing his nose at us and the russians are making a point. they are going to get something for this arrival of snowden arriving on their shores. the other thing they are doing is sending a message to obama. we don't care if you want him back. we don't care what you have got to say. it's the ultimate after obama continues to make the reset concessions to russia. they finally last week obama said i'm going to cut my nuclear arsenal. great, we are not doing ours. by the way, why don't you cut your missile defense program all together? bill: why do you think it's happening that way? >> leading from behind has

consequences. ultimately guys in front stop checking behind to see what you want them to do. look at the pictures of obama and putin. the body language of those two. every time obama meets with putin, putin spend the first 10 minutes lecturing obama. bill: i think of the cia and our ability and i'm watching this breathless coverage, saying where is he? nobody knows where he is. if we wanted him, why don't we get him? >> how are they going to get him? if he's in these other countries you have to request his extradition. when he went to china, that was not an accident. which the blowers and patriots don't go to russia and china and cuba. who goes there? spies. about it actions he's taking

now ... bill: lindsey graham says the freedom trail doesn't run through moscow and beijing and havana. according to lindsey graham he could have a lot lot more. >> when i was in china last month i said what about the fact you are cyber hacking and cyber spying. he bristled and said you are doing the same thing to us. i said we have proof you are doing that to us. he said there is no proof we are doing it in return. now snowden has given them information that says the nsa is snooping and hacking into the text messages on chinese cell phones. they wanted that information. the biggest crisis between china and the united states, cyber hacking. i have to assume snowden is giving russia something equally important. bill: don't call hem enemies,

call them competitors:'. china, russia, cuba, ecuador. >> ecuador is one of the few countries that would let him stay there and not send him back to the united states. bill: how do you get on an airplane without a passport? >> how did he get into russia without a visa? this is one of the hardest countries in world to get into without a visa. with putin or russia or china have done this to reagan? would they have dared to do this to nixon? bill are also wonder where he does go next and when. that will tell us about what's happening in moscow. >> you will see over time what information has been given him. will it come out in the media, stuff that gives russia bragging rights. and what has he done about our national security. bill: you have got comrades in

arms in moscow. martha: we were talking about robert craft and his missing super bowl ring he got in 2005 when they made a gift exchange. putin ended up with the ring and robert krause said i would like it back. so now putin is saying i will give you a new ring. we'll have a custom made new ring made of good metal with a nice stone. that's like someone saying they will return your engagement ring. it will be of equal value. maybe's not sure what happened to that ring that he thought was of interest. this is that. also coming up here this morning we have this story. thousands are turning out for an emotional rally over the weekend in support of the only known american pow in afghanistan. army sergeant bowe bergdahl.

the woman who made this happen is coming up. >> we support you and are eeg -- we are eagerly waiting for you to come home. why let constipation weigh you down?

as soon as you feel it, try miralax. it works differently than other laxatives. it draws water into your colon to unblock your system naturally. don't wait to feel great. miralax. take the miralax pledge to feel better sooner. get a reward like a beauty treatment, a dance class or a $5 gift card with purchase of a specially marked pack. go to miralax.com for details. bill: dreadful scene at this air show in ohio. the crash killed the pilot and the wing walker. a woman with a lot of experience, too. the crowd shocked but no one hurt in the crowd. the air show, the airport there reopened with a moment of silence one day after the crash and that cause is not known as of this morning.

martha: there was a massive rally for the on known prisoner of war being held captive by the taliban. thousands showed up for the rally in his hometown to support bowe bergdahl. he has been gone now for four years. debbie is a family friend who organized this rally. martha: talk to me about what's going none your community and how you feel about the fact that this story which obviously has gotten so much attention in your hometown has gone under the radar to a great extent for the rest of the country. >> that was part of why this rally was put together. it's not that bowe was ever forgotten. it's just that after so many years we tend to put things in the back of our mind. the point of this rally was to bring bowe out into the

forefront to bring him back into the limelight to remind people that we do have an american pow, that bowe needs to come home. martha: you said it was so inspiring to see all of the people and folks on motorcycles, everybody that came into town. a lot of veterans and former warriors themselves who are saying that we can't leave one of our own behind. right? >> we can't. it's time, again, bring bow home. the motorcycle group that came in, most of them are veterans. the party bus that followed behind the motorcycle. what people didn't see on tv was the line of cars that were following the motorcycles from pokfrompocotella, from

nevada to arizona. we had people from maine. the rolling thunder chapter of illinois sent its representatives out. martha: i know your community is very close knit. and i know this is a family you all care about very much it's a complicated situation. we all wish him well and his family well. thank you so much for being here. >> thank you so much for having us. bill: the prosecution making its case in the george zimmerman case. she got a parking ticket... ♪ and she forgot to pay her credit card bill on time. good thing she's got the citi simplicity card. it doesn't charge late fees or a penalty rate. ever. as in never ever.

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martha: we start with a fox news alert. the supreme court is in the final week of their session. they have a handful of final rulings that still have to be hand down. two have to do with same-sex marriage. one has to do with voting rights. we could possibly get rulings on all three of those. we may get rulings on none at all. but we'll find out the status as soon as those crops moment away from now. opening statement underway in one of the most anticipated, probably the most anticipated

trial that we'll watch this summer. there is george zimmerman in sanford, florida. his day in court has finally arrived. he stands trial in the shooting death of a teenager. a trial that if he's found guilty could put the neighborhood watch volunteer away for life. we are watching this morning in america's newsroom. i'm martha maccallum. bill: i'm bill hemmer. the prosecution 30 minutes into their opening statements. the defense will follow. phil keating is outside the courthouse. >> reporter: the state's opening statements. the prosecution coming in very strong. george zimmerman sitting in the courtroom expressionless. stars straight ahead as the -- starring street ahead.

prior to the jury entering the courtroom, the jurors are dressed for business. there are several of them wearing business suits. they are coming into court with a serious demeanor. the family of george zimmerman was escorted out of the courtroom because they will eventually be called as witnesses and the judge basically ruling that no family members will be allowed in the courtroom until after they have offered their own testimony because of the sequestration rules in effect. however, the parent of trayvon martin are allowed to be there because legal doctrine does allow family members of the victim to be in there. here is a taste of john guy in a very graphic opening. >> punks. these [bleep] always get away. those were the words in that

man's chest when he got out of his car armed with a fully loaded semi-automatic pistol and two flashlights to follow on foot trayvon benjamin martin. who was walking home from a 7-eleven armed with 23 ounces of arizona brand fruit use and a small bag of skittles candies. >> reporter: during much of that opening statement several jurors are taken aback from the r-rated language that came within the first few minutes. the parent of trayvon martin using kleenex to wipe away tears multiple times as the unfolding of the telling of how their son died. martha: the senate will see some high drama just hours away today from a key vote on immigration

after a handful of republicans got together and many of them previously opposed to the gang of 8 plan. now there has been a change of heart among several in the senate. while many expect this plan could be dead on arrival when it go to the house. one senator who supported it from day one says getting this far is a major victory. watch this. >> reporter: the bill will pass. i think we are on the verge of getting 70 votes. that is my goal. we are very, very close to 70 votes. the wh -- the hogan-corker ament gets us over the top. martha: i know you feel this is an important moment in the senate. tell me how you think this will go. >> reporter: it looks as if this amendment from the two republican senators that throws

money at the border security will be enough to get it through the senate. but passage in the house is a have much more problematic affair. and it's impossible to say what's going to happen over there. first of all, you have this issue of this bill now turning into this giant 1,200-page plus swoll within this amendment now to who -- swollen with this amendment. nobody will have read it by the time they vote today or nobody to speak of will. that gives it a certain taint. so as it goes over to the house it's not clear to me it goes over there with any momentum to speak of. americans want secure borders for our country. that's a bay $stick thing that has a majority in the polls. they want some sort of path to citizenship that people can look at the rules and say i came here

with my family when i was un16ing with i weren't to be here legally. both of those things seem reasonable enough to accomplish and have enough support from both sides to pass. why do we have to end up with this bloated bill that throws money at the problem and may not address those important principles? >> reporter: people are raising objections to issues where they have public support like border security. it's not clear, though, that those are the real objections. so because there are members of congress responding to their constituents who don't want the key element of this bill to come to be. the key element being immediate leggization status ahead of border security measures where temporarily there is a status granted to people who are already here. nor do they want an ultimate

path to citizenship. there is a guest worker program here which some people think once you put it in place if it works. it will stop the flow of illegals. so it's very complex when you are dealing with the motivations. and people say i want more border security. they never seem satisfied with what is offered. the objection has been made to this bill that supposedly puts all these agents on the beard and does a variety of things. but those are me sures of steps taken to solve the problem. they aren't a certification that the problem at the border has been solved. there is a lot in this which means its path is likely to be troubled in the house even if it makes it through the senate. >> it does lead to the broader understanding of congress that they can't get anything done.

it's so frustrating, i think more americans some i this is an issue everybody is interested in. rand paul says it's dead on arrival as soon as it gets here. >> reporter: it may pass the senate where rand paul resides. but we inhabit a country in which barack obama won reelection by a decisive margin. at the same time his republican opponent won the majority of congressional districts. it tells you why the house acts the way the house does. if you put the senate immigration bill across and put it for an up or down vote in the house. there would be enough republicans and a core of democrats to pass it. but the speaker of the house is in into position to do that. he leads a body of republicans who have to elect him who may by

a majority be opposed to it. they are not going to be happy if that's what happens. so you see the politics of it are far different. this country is divided. have much so. and the reason people don't agree, can't agree is they really don't agree. this immigration bill goes right on the fault line where the two parties disagree on the key pieces of it. the popular sentiment is a guide but it's not a determining factor. martha: rand paul is a senator. we are talking about the house of representatives. thank you very much. we will see what happens. bill: this border deal comes with a number of enforcement measures including full i am ement takes of the universal e verify system that requires employers to check whether employees are in the country legally.

700 miles of border fencing along with new technology along the border and the hiring, training and deployment of more border agents. martha: u.s. immigration and customs enforcement removed 400,000 illegals in 2012 which is an all-time high and the white house is taking a lot of credit. the u.s. spent $18 billion on immigration enforcement last year alone. that's more than the combined budgets of the fbi, the atf, the dea and the secret service. so we have flown a huge amount of money at this problem. what do you think? you just heard brit hume saying the country is divide on this. are you happy with this amendment hat could produce a senate deal on immigration? send us a tweet at bill hemmer

or martha maccallum. bill: here we go again. the dow is going down. dropping more than 200 points 40 minutes into trading. our all-time high three weeks ago, we are down around 14,600. we are off 800 points from the high. a lot of concerns about china and interest rates rising near the u.s. based on what the fed chair said last week. that 3 days in a row, we are just getting hammered. martha: two key things everybody has expected. and then there is this question circulating this monday morning. where in the world is edward snowden right now. the search is on for the nsa leaker wherever he may land. judge napolitano on the options

the united states has in bringing snowden to justice. bill: there is a wall of fire 100 feet high. the fight to save three towns as this wildfire intensifies. bill: heavy rains destroy homes and cars. the massive cleanup they have ahead in one american town. we'll be right back. >> there was a rush to get as many cars out of the streets as we could. but not all were saved. >> it is a mess. [ bell dings ]

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bill: there is a major cleanup in minneapolis, minnesota after a torrential downpour that led to serious flooding and property damage. flooded out cars and basement. it receded since then but not before leaving a lot of damage. martha: a fox news alert on the hunt for fugitive nsa leaker

edward snowden. witnesses say he never got on that flight out of moscow heading to cuba. but when the u.s. does track down snowden, what kind of legal ramifications is he facing? andrew napolitano joins me now. he had a curious trail so far and we don't know where he is. >> reporter: it's becoming curiouser and curiouser. the countries he has chosen to go and what he might be doing in those countries. i think he's trying to avoid prosecution in the united states of america. others think he may be doing other things to harm us when he's there. we'll find out if and when he is caught and there is a trial. martha: he's been charged with espionage. how does that charge hold up? >> espionage is constitutionally

questionable and practically difficult. the espionage act of 1917, a world war i temporary law just to get us through world war i which punishes speech that can harm the government has arguably been overruled about it pentagon papers case. whether it's been overruled or not a court will have to decide. he will be the first person charged with espionage since that case. the other practical problem in order for the government top profits case it has to prove the defendant's word harmed the government and in the act of doing that it often has to reveal more secrets than the defendant revealed. which is why these are unusual prosecutions. the pentagon papers opinion and the difficulty proving espionage does not relieve him of the charges of handing over classified materials to an unauthorized person. that's a charge that will stand

and he will have to answer for. martha: what we talked about last week with regard to whether this program kept america safe, if you look at the examples put forth by general alexander. you have to prove that what he revealed made us more vulnerable because the program was indeed working. >> i don't know if if the government want to do that. since general alexanders revelations the nsa pulled back on one of its major arguments. snowden wants to be able to make a moral argument that he had 2 oaths with which to comply. his oath to keep secrets and his oath to protect, and defend the constitution. i don't know if the court will let him make that argument. if the court does allow him to make that argument then we are

away from the law and into value judgments. what kind of value judgment.can people make when they tea side to comport their lives. he will say i revealed the greatest violation of the fourth amendment rights in the history of the country. the public has a right to know the government is listening to its phone calls and capturing its e-mails. martha: there is no better place to make this case than as a whistleblower. we have breaking news. thank you very much. bill: we want to take you live to the u.s. supreme court. we have a ruling in an affirmative action matter that came out of austin, texas, university of texas. >> reporter: you remember his is the case of a white plaintiff who says she applied to the university of texas at austin but didn't get in because race was used in the consideration. she said that fell against her because she was white and other minority applicants were able to

get in because she was white and they were not. what happened on this case. it's the longest case we have been waiting on. they said the lower court which sided with the university got it wrong. but this case is not over. what they said is they want to vacate that lower court decision meaning that decision is no good. this has to go back to the lower court. so if anyone wins it's the plaintiff because her case stays alive. but there is no final ruling on the merits of this case. it's being kicked back down circuit, the federal appeals court which will have to decide this case based on the proper standard. they don't get to the merits of the case. they send it back it could be back here in another year. bill: there was a question about a freshman class and whether it could consider race for a portion of those applying to college. many thought a broad ruling there could end college

admissions nationwide when it comes to the issue of race and considering race when allowing a person to attend. but for now there is no ruling. it goes back to the courts. >> reporter: the court cites its earlier precedence in this. what the court says is you didn't follow the trite framework. the lower court didn't get it right when they were assessing whether the university of texas can have this policy. if you graduate in the top 10% of your case no matter who you are, you get in. but they are allowed to consider schools are using a consideration of race as one of many, many factors in looking to fill out the rest of the class. so what happens now if this goes back and the dispute starts all over again. bill: the legal term is punt. the judge reacts and there is breaking news on julian assange. he is telling us where ed

snowden is now. we'll tell you about that three we'll tell you about that three minutes away. every day we're working to be an even better company - and to keep our commitments. and we've made a big commitment to america. bp supports nearly 250,000 jobs here. through all of our energy operations, we invest more in the u.s. than any other place in the world.

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martha: we are back. there is a lot going on this morning. we have received a decision from -- on the affirmative action case from the supreme court. this has been a huge case. fisher versus the university of texas, which we've been watching throughout the course of this. gentleman napolitano is with me to get our arms around this. it was a 7-1 decision, elena kagan recused herself. the question was whether or not this woman was rejected from the university because she was white. she said black students who were lesser qualified were accepted

over her. >> the big picture is whether or not the supreme court will reverse a series of opinions from 2005 involving the university of michigan also a state school, like the university of texas, which went in the direction of the school and permitted the school to use race as a basis for decision making. since the civil war race has been removed from the armament of the kweuf quiver. one justice said you can use race but only for 25 years. nobody knows where she got that from. now they are saying forget the 25 years, it's ten years later, i loss the slot because i was white. what kind of 14th 578 14th amendment. the supreme court punted, sent it back to the lower cade and said, well, read between the lines here, you know, the

university of michigan cases maybe we'll change them, maybe not but give this woman her say, let a jury decide whether or not texas discriminated on the basis of race. texas admits it did that. there is nothing for the jury to decide. martha: and shannon pointed out that the process is that the top 10% of students are accepted to the university, a state university and then after that when they are deciding who gets the spots they do take affirmative action into account and try to create a diverse student population, but it raises the large issue of the timeframe and the last hundred years and whether or not we should be in a position now to not have a box that is checked off with regard to race, that people would be judged on the merits of their academic success. >> the wonderful legal scholar, bill hemmer used that great technical term, punt. that is exactly what the supreme court did today. they didn't gratify either side or clarify the law. they said start the trial over again, bring it back to us in a

couple of years. martha: the decision was written by justice kennedy, so we'll start digging into that and get more on that as we weed through all of this. thank you so much. double duty for judge napolitano. bill: he's up for it. doesn't look like the voting rights decision or gay marriage decision comes down today apparently. >> it will give us something to talk about the rest of the week. bill: he may be an enemy of the street, but many are hailing nsa lea wikileakser, edward snowden as a here oefplt kristen powers has this to way. >> people are focusing on whether he's a high school drop out or he has a girlfriend, it really has nothing to do with the issue. bill: fair & balanced debate, do not miss that one. also boston strong again the amazing gesture from the winner

of the marathon as the city holds it first race since the bombings. >> on behalf of the runners, the survivors, the victims, of that horrible day, we appreciate this generosity, and how it brings us together. we are boston strong. i'll just press this, and you'll save on both. ding! ladies and gentlemen, boys and girls, llllet's get ready to bundlllllle... [ holding final syllable ] oh, yeah, sorry! let's get ready to bundle and save. now, that's progressive. oh, i think i broke my spleen! home insurance provided and serviced by third party insurers.

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lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don'drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain. bill: breaking news now.

julian assange the man first associated with wikileaks is talking from the ecuadorian embassy in london saying edward snowden is safe and healthy after fleeing to moscow over the weekend. he is holding a conference call with reporters inside the embassy where he has safe harbor. where in the world is edward snowden? speculation is mounting as to which country he will go to next. his depaour departure infuriating lawmakers, saying his leaks of secrets has helped american's enemies. say he's unfairly maligned >> we work in the most narcissistic industry in history. sitting a i round pointing fingers at this guy who basically gave up everything and had to flee the country because he thought this was so important to expose the information which has not caused any damage to the united states. that is the other thing that we keep hearing all this alleged

damage that's been done and a lot of good has already been done. bill: kirsten powers there, kreurs kirsten powers year now. fox news contributor. steven hayes, fox news contributor as well. >> i was responding to someone else on the panel calling him a narcissist which has become the favorite thing of everybody in the media to do. i think that we were speaking specifically about the nsa information that he released about the type of data that is being gathered about american citizens that i think is very important, that we needed to know, that we have now gotten so much information about what is going on. it has not caused tpheud damage tany damage to our national security. bill: i respect your opinion initially. on that point how do we know that? >> i think you have to show that it has, bill. i mean the point is i think we would know. i highly doubt that the government is withholding information about how edward snowden has harmed our national

security. the point is, he released important about american citizens. if you're asking me to believe that terrorists didn't know that their calls were being monitored. bill: i don't know what their strategy is. >> actually i would like to just focus on what we know. bill: i do know that what people have said out of washington who were privy to this intelligence and this information, that they say that he's harmed national security because he's given away national secrets. >> that's what they always say. bill: go. >> me? that's what they always say. they always say that it harms national security. that's how they justify keeping secrets. this is information that we needed to have. a lot of good has come from it. we've seen facebook pushing back against the fact that the gag orders, i don't even understand how they are constitutional. my relationship is with facebook, the government is telling them they are not allowed to tell me about information they are giving out? a lot of good has already happened in terms of giving some power to the companies to push back against the government.

bill: i want to make room for steve as well here. >> i'm just sitting here politely. bill: yes, you are a gentleman. >> i agree with kirsten that it's foolish for people to attack edward snowden as a narcotics satisfactory cyst. i agree with her that people shouldn't be making a point of the fact that he's a high school drop out. who cares, fork us on the facts. having said all that i think it's crazy and naive to suggest that the u.s. government hasn't been done damage by the leaking of this information. as kirstin herself suggests it's a massive amount of information. we know for instance according to "the new york times" today that the chinese government has downloaded or accessed four laptop computers that mr. snowden had. we know that al-qaida will be changing the way that it communicates, al-qaida terrorists and would be terrorist change the way that they'll communicate because of this information, because some of it is new, we know for instance that pursuit mut vladimir putin now has another piece of leverage to use against the united states government in

its various dealings with the government having mr. snowed den in russia, something that the united states would very much like to end this global embarrassment. there's clearly been national security damage done to the united states. it's fine if you want to argue that it's been worth it because of the information we gained is so valuable. i don't agree with that view. i think it's crazy to argue that there hasn't been any damage done. >> you're arguing about something completely different i. was talking about the nsa information released in the united states. my column last week -- bill: if he were truly a hero and courageous why not come to the u.s. court system? you have a platform there. fight your case in court by law. why runoff to china and moscow. >> maybe he followed the bradley manning trial. i don't think there is a lot to be proud of there in terms of how the trial was run. >> do you consider him a hero for taking that route. >> i think it's over

simplified. i wrote in my column last week what he's done on the other side of releasing this information, some of it has been reprehensible, frankly. i don't think we have to over similar ma tpaoeover simplify this into he's a perfect man who never does anything wrong or a horrible guy who eats puppy an every day. bill: if you want a platform come on home. >> the bradley manning trial is not necessary low a good comparison. that was of course done through the military justice system. he would be in article 3 courts. i think it's different to make that argument. i think he should come and make his stand. he's got people supporting him here in the united states. make your argument and win on the merits if they are going to. bill: thank you both. to be continued maybe in havana, we'll see. martha: a small gesture has made a big impact in boston as the winner of this year's marathon

gave his medal back to the series that suffered so much in the attack that happened a few hours after this man crossed the line. you have the mayor who came out, he was on hand also at the ceremony to personally thank the man from ethiopia who said the commitment to sport and freedom can never be overshadowed by senseless acts of terror. here he is. >> we commit ourselves to sport and we promise that next year in 2014 we will return some boston to show the world that our commitment to sport, our commitment to our freedom is stronger than any acts of violence. martha: a beautiful statement on his behalf. there was a moment of silence held for the victims of the boston bombers before the boston athletic's association 10k run which happened successfully yesterday. good for him. a meaningful gesture. bill: when 02014 rolls around that race will be bigger than ever. big developments already in the george zimmerman trial.

there are jurors and relatives on both sides here. explosive opening statements on the first day of this case. the latest on what is already shaping up to be an emotional day in court and what to expect going forward if day one is any indicator of how this trial will proceed in florida. >> he put his lips on trayvon martin's lips and tried to breathe life into him. and officer ayala put his palms on trayvon martin's chest and tried to push life into him, but it was too late. the first time i saw a sony 4k tv, it was like opening my eyes. it's four times the detail of hd. colors become richer. details become clearer. which for a filmmaker, changes everything.

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bill: a deadly crash in california still a mystery. a woman found dead inside that minivan after it somehow went over a curb, plunged straight into the san francisco bay. the car dragged out 18 hours later after it was stuck in the mud about 25 feet deep. the driver was said to have diabetes but it's not clear if that was a factor in the crash. no word today as to how that happened. martha: live coverage we are watching the george zimmerman trial as it gets underway. the defense team is about to give their side of of the story, their opening statement in the florida man's second-degree murder trial. the prosecution we've been watching throughout the morning. they wrapped up a few minutes ago in their opening statement. at times the assistant state

attorney got very graphic, describing the events that led to trayvon martin's death more than one year ago. listen to this. >> in addition to the witnesses you will have a bone-chilling 911 call where in the background you will hear the gunshot that killed trayvon martin. and you will hear screaming in the background. listen carefully, please, to that call. and listen carefully when the screaming stops. it's right when the gunshot goes off. trayvon martin was silenced immediately. martha: all right we understand that the defense is in the middle of their opening statement, don west, that is ongoing right now.

we are joined by faith jenkins a former prosecutor and keith sullivan a defense attorney, well come. the drama started right from the get go this morning. this has been very explosive. i -- let's play just one more moment from this morning from the prosecution's opening statement. let's listen to that. >> these. [bleep] punks they always get away. those were the words in that man's chest when he got out of his car armed with a fully loaded semi-automatic pistol and two flashlights to follow on foot trayvon benjamin martin, who was walking home from a 711 armed with 23 ounces of arizona brand fruit juice and a small pwafg ask it he wills candies. martha: we just heard from the defense side there and keith sullivan is a defense attorney

as we wait -- i mean the prosecution is what we heard from so far. keith, what do you think so far? >> martha i've saved it before on this network with you, lawyers make the best drama queens and that is exactly what the prosecution is doing is being very dramatic leading the jurors through the whole case. but what the defense is going to do when they are up shortly and we start listening in on them they will focus this down and crystallize this to the single solitary moment that matters when trayvon and george zimmerman became physical because that's when the stand your ground law applies. it has no application or relevance to the case before or after. it's that single solitary moment in time. when you apply the law to those facts and the evidence that surround it george zimmerman will be acquitted. >> of. martha: faith, unfortunately we are only going to hear -- george zimmerman is the only one left to be alive to tell that side of the story through his attorneys, and the tape, which we heard a lot about already from the prosecution, there is going to be. [no audio] kwro be.

[no audio] kwroe experts. the jurors will have to decide that for themselves. >> when you have two eyewitnesses, one is dead and there is only one left to tell his side of the story, that's why you have the state painting a very compelling bear. they have one thing on their side in this case that the defense does not have and that is the emotion behind a high school student walking home with no weapon and just some snacks and a phone, and he's killed before he ever gets home. the state took you step-by-step through their story in a way we've never heard before, and painted the picture of trayvon as this high school student, and george zimmerman as this man with a gun locked and loaded, a bullet in the chamber ready to pursue him. martha: and their burden, keith, is to prove if the stand your ground law is to apply here that george zimmerman was about to be

killed himself. >> absolutely. and -- martha: by an unarmed individual. >> you're right, martha. all of the evidence supports that. the stand your ground law is not just if you're going to be killed but if you believe, if you believe, if george zimmerman himself, subjective standard believes he's going to be killed, or seriously injured, there is an independent witness that says he comes out and he hears zimmerman call for help, or help me, say either of those phrases, 14 times, and trayvon is on top of him punching him in the face. he said mma-style fighting, bashing his head on the ground. that is serious injury that is going to be inflicted. he's entitled under florida law to take that gun out and advertise charge a bullet. martha: we have to go. we'll be talking about this again with you two. thank you so much, faith and keith great to have you here. have dramatic stuff from the the get go. bill: jon scott standing by "happening now" rolls our way in a short minute. happy monday. what is up. jon: one of the most wanted fugitives in the world turns up

at the moscow airport but where is he now? the latest on the search for nsa leaker edward snowden. and president obama has said very little about the manhunt and the whole case really. is he doing the right thing by keeping mum when it comes to the press? a controversial immigration bill could clear a big hurdle today. border states are watching capitol hill very closely. we'll talk live with the governor of arizona, jan brewer. a wild scene in massachusetts, ha circus-like atmosphere building around the home of a nfl star. police gathering evidences for a murder investigation. we are learning more now about aaron hernandez' past and why it is coming into focus. bill: a busy monday. jon: kwr*eut i. jon: yes it is. bill: a heard of wild horsers on the loose tying up rush-hour traffic. how did they get out? ♪ wonder if i gave an oreo

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snoop as we have a critical vote in the senate today in the immigration matter we are learning about an aggressive lobbying effort in silicon valley where giant tech companies have spent millions of dollars in support of that bill. william la jeunesse live on that story in l.a. what did you find out? >> historically high-tech is not a major political player. it was silent in the 2007 immigration debate. this year they jump -pd in early arguing they need the freedom to hire the best and brightest globally to compete. >> we are going to do something magical here. >> if money talks silicon

valley's voice is booming. led by facebook founder mark zuckerberg the ce organizations of a dozen high-tech companies drop millions of dollars into forward us for immigration reform. >> it's not a social issue or a cultural issue or a moral issue it's a bottom line issue. >> they lobbied to triple the number of workers to 400,000. it limited language requiring suz employers to prove an immigrant did not displays a u.s. work he shall. three of zuckerberg's investors dropped out over these ads which emphasize proimmigration lawmakers support of oil drilling. >> if you are a hard line environmentalist, what mark zuckerberg and his organization did was an absolute atrocity. if you believe that immigration

reform is more important than the environment, between 'twas brilliant. >> internet companies spend more on lobbying wall street than anybody. >> these are among the largest players, microsoft, google. they are matching what cable companies and tell louisiana tphupbgs otelecommunications companies have done for years. >> will silicon valley has appeared to have won the debate. bill: we'll see if we get a vote today in the senate. martha: this question has been with us all morning, where is edward snowden? the nsa leaker was supposed to be in that seat on his way to cuba. where is he? we'll look into it when we come right back. stay with us. even in stupid lou. to prove it, we set up our call center right here... [ chirp ] all good? [ chirp ] getty up. seriously, this is really happening!

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are. martha: where is waldo. he's not wearing a red and white striped shirt. that makes it easier. bye, everybody. jenna: the dow falling sharply today on investor concerns over china's economy among other things. the stock market took a dip overseas and there is a lot of concerns about our economy as well. the dow is down more than 5% from its record high. that record high was reached in recent weeks and it was over 15,000. sometimes a national pull back happens. other times it's what is called a correction in the market. we can see stocks fall another knife, ten, maybe 15%.

a lot of factors at play. we'll keep an eye on your money and bring you news as we see