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 it.

jon: right now brand-new stories and breaking news. jenna: international intrigue surrounding nsa leaker edward snowden a noshow on the flight from moscow to cuba. he is nowhere to be found now. we'll keep you posted as we hear more on this. the senate pushes closer to passing immigration reform. within the bill as lawmakers line up to support it, what about the states? jan brewer will join us out of arizona. miss return to the home of nfl car aaron he hernandez taking away more evidence as they turn over every stone investigating the murder of another semi pro football player. it's all "happening now." jon: one of the most high profiled global manhunts in recent history showing no signs of slowing down. good monday morning to you. i'm jon scott. jenna: i'm jenna lee. an admitted nsa leaker edward

snowden is on the run again this morning after hopscotching from hong kong to moscow apparently en route to cuba and ecuador where he's seeking asylum. snowden who claims to have leaked top secret documents about u.s. surveillance programs slipped under the radar again today after failing to board the havana-bound tphraoeupt he was expected tflight he was expected to be on. his seat was taken by another passenger as u.s. officials scramble to figure out where he is. >> i wondered if mr. snowden chose china and russia as assistance in his -- you know in his flight from justice because they are such powerful bass te bastions of internet freedom. and i wonder if he raised questions of internet freedom because that's what he champions. he placed himself above the law

having betrayed his country. jenna: we haven't heard from snowden in recent days. lindsey graham is urging our government to do everything of it can to track down this former nsa contractor. >> are the freedom trail is not exactly china, russia, cuba, venezuela, i hope we'll chase him to the ends of the earth, bring him to justice and let the russians know the there will be consequences if they harbor this guy. >> catherine herridge is live in washington with more. >> reporter: without getting into specifics on the location of edward snowden, in a lengthy conference call with reporters this morning the founder of wikileaks julian assange telling them that the snowden situation is under control, also claiming that snowden is not a traitor, or a spy for a foreign government, and claiming the obama administration specifically secretary kerry is attempting to quote bully other nations to extradict snowden to the u.s.

>> he's healthy and safe and they are in contact with their legal team. i cannot give further information as to their whereabouts or present circumstances. it reflects poorly on the u.s. administration and no selfrespecting country would submit to such interference or such bullying by the u.s. in this matter. >> reporter: earlier today ecuador's foreign minister telling who reporters that they are strongly considering snowden's application as well as the extradition. >> there are some governments that act more upon their own interests but we do not. we act upon our principles and

we take care of the human rights of people. >> reporter: the russian airline confirmed there is a ticket in snowden's name traveling from moscow to cuba. the flight to havana this morning has gone and apparently without the nsa leaker. a former senior intelligence official telling fox news that it's possible the russians will choose not to arrest snowden citing the fact he is in transit and has not been processed by russian immigration or customs officials to stay in moscow. within the last hour reporters asked whether snowden is being debriefed by russian or chinese intelligence and the founder of wikileaks julian assange saying that those reports are false. also confirming that he was granted what is called a revenue gee document by the government in ecuador which is allowing him to still travel even though his u.s. passport has been revoked, jenna. jenna: interesting. more on this as we get it, catherine. thank you. jon: let's talk more about the international manhunt what it means for the obama administration. let's bring in david drucker a senior correspondent for the washington examiner.

so, as this thing goes on, it looks like a big game of catch me if you can. we knew he was in hong kong, weren't absolutely sure that he was still there, then he gets on a plane to russia. everywhere he goes the united states is pleading with these governments to give him back to us, but so far no cooperation. how does it leave us looking, david? >> well, it leaves the administration and its foreign policy team looking a little bit ineffectual. on the one hand there is really not much we can do at this point unless we want to send in a team covertly and that gets very, very tricky. i don't think that would be a reasonable conclusion in terms of strategy at this point. on the other hand it keeps this issue at front and center in the news, jon, and it cuts across party lines, it's not your usual left, right divide and i think while it's not necessarily a huge political problem for the obama administration there are other issues that are more pressing politically than this. i think it's a big distraction

and i think over time it's the kind of thing that potentially could wear thin with voters. jon: does it diminish the effectiveness, the prestige of the united states on the world stage? >> it does. and i think if you're not happy with this administration's foreign policy, it could allow you to call into question exactly how much more respected in the world the u.s. is under this president. now, it's not necessarily fair to blame this president for the fact that you have some 29, 30-year-old kid who was granted access to our secrets by a government contractor and decides to run away with them. i mean that could happen to any president, any administration at any time. jon: sure. >> but the issue can eventually get back to the president, because if he was supposed to re-establish and strengthen our relationships with countries around the world, eventually we'd like to see some payoff for that. it didn't help with china, it didn't -- so far it hasn't helped with moscow, and so this continues to sort of be a saga

that is ongoing. jon: yeah, moscow obviously has been a favorite for american expatriots who turn their backs on this country. and then ecuador has been turning more and more left in recent decades. cuba, of course we know how they feel about the united states. but in fleeing to those countries does this guy undercut his argument that he is some seeker of freedom? i mean cuba for instance has more political prisoners per capita than just about anybody else, don't they? >> yeah i don't think cuba is a bastion of freedom that you run to when you want to right a wrong that has to do with tran parents see and freedom in general. we don't know exactly what -- what mr. snowden's motives are. but if he was concerned about transparency and freedom, and think could havein the united made a better case from a public

relations standpoint if he would have come forward with a team of attorneys and made his case here, because when you run to the nations, you know, either enemies or countries that don't -- haven't shown much of an interest in helping us it casts drought on what his motives are and that is his own fault. jon: that is well put. david drucker. david, thank you. >> thanks a lot, jon. jenna: david was just mentioning the other countries. snowden tries to dodge u.s. efforts to extradict him on charges. the nations he's looking to for help aren't exactly pillars of democracy. take a look. hong kong doesn't have universal voting. police use over restrictive methods in controlling assembly. they brought in charges of 0 espionage. they launched an unprecedented crackdown against any sort of

human rights groups and activism inside the country last year. cuba repressess virtually all forms of political decent. punishing who people. venezuela also prosecutes people who criticize the president or try to thwart his political agenda. ecuador has a judiciary system plagued with corruption and political influence. of it retaliates against journalists who criticize the government. jon: some developing stories we are working on this hour. former south african leader nelson mandel's condition downgraded from serious to critical. the leader has been hospitalized for more than two weeks for a recurring lung infection. the military helping firefighters trying to stop the raging west fork fire in colorado, containment not expected until the dry windy weather finally breaks. the dow falling sharp here again this morning after asian markets

dropped on fears of a credit crunch in china. jenna: a controversial immigration bill taking center stage on capitol hill today. we'll talk to one senator who coauthored a crucial amendment. he says this amendment, this border surge will fix our problems along the border. senator bob cork eris back with us some separate from fact to fiction he says when it comes to the bill. we have police in massachusetts investigating the murder of a semi pro football player, again searching the home of patriot's player aaron hernandez. the latest on the investigation next. every day we're working to be an even better company -

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jon: the accept at is preparing for a procedural vote that could clear the way for passage of the immigration reform bill. at issue the new border surge amendment. its sponsors defend it as a way to bolster border security. crickets are saeurg it should

saying it should be handled separately from the citizenship issue use addressed in the bill. they are calling for five steps to be taken before green cards are issued. the five requirements are full implementation of a universal e~verify system. complete implementation of an exit and entry tracking system for visitors to the united states. a building of 350 miles of bedder der fence along our southern border bringing the total to 700 miles of fence and new technological infrastructure installed along the border and the hiring and training and employing of an additional 20,000 border patrol agents. senator bob corker, co-author of of the amendment joins us now. a lot of controversy in the press and public. what are you hearing from your fellow senators? >> we are obviously on the phone nonstop this morning talking with folks. and jon, i under there are

people that may have concerns about the overall bill, but tonight's note is about those elements you just mentioned. i cannot imagine any senator that is serious about border security being opposed to this amendment. i mean these are the things that we have been striving for for years to have implemented. so, why somebody who cares about border security would not support this amendment would be beyond me. i think we're going to get a strong vote this evening, because people are beginning to see that this is the case. jon: doesn't everybody in the end really care about border security? i mean there isn't anybody who thinks we ought to just continue with the system we have, where, you know, folks can walk across the border if they feel like it. >> i couldn't agree more. and this is the strongest border amendment i can imagine being in place along the border. you know, jon, i used to build shopping centers around the country and it was really tangible when i completed the

center people knew it and i was paid. what we've done in this amendment is made it very tangible, 20,000 border patrol agents, trained and deployed on the border. another 350 miles of fence, which republicans have been pushing for for years. and the entry-exit visa program in phrarbgs is i program in place. e~verify in place. $4billion of technology that the border patrol has been asking for for years has to be deployed and in place. we've put those tangible triggers in this bill. again, if you're serious about border security you would vote for this amendment. jon: let's talk about the a word, amnesty. a lot of people are saying it's amnesty. is it? >> this amendment doesn't address some of the other provisions of the bill that people have concerns about. this bill is about border security. and, again, if -- i know your constituents are concerned about border security. i went to get a hamburger

saturday night in my neighborhood and everybody there was concerned about border security. if you're concerned about border security this amendment is one you support. there may be other issues in the pwheul you don' bill you don't like but certainly it would not be this amendment. jon: senator bob cork era thank you very much for joining us, we will continue to watch your bill as it proceeds through capitol hill. thanks for joining us. coming up we'll talk with the governor of a key border state and get her take on the immigration bill and also the border surge idea, arizona governor jan brewer joins us now in the next half hour of "happening now," about 12:40 eastern time. jenna: police are continuing to look into new england patriot's aaron hernandez in the death of a semi pro football player. investigators searched his home over the weekend leaving with bags of potential evidence, that's what the report suggests. there are a lot of questions about this case.

julie banderas is live with all of this. >> investigators spent hours at the football players home on friday. it was believed police would arrest him on that day. it turns out they wanted to gather more evidence. we will wait there on the arrest warrant that they say could be pending according to some sources. on saturday police returned to the home of aaron hernandez, a third time, as part of the probe into whether hernandez is linked to the murder of semipro football player odon lloyd whose body was found a mile away. saturday's search lasted over three hours and involved police officers accompanied by crime scene experts who removed several bags from the home. it's not known whether hernandez was home at the time. a week ago today a jogger found lloyd's body. police say the 27-year-old was shot in the head. hernandez, who is 23 has not been publicly named a suspect but there are reports police could try to arrest him on charges of obstruction of justice. hernandez allegedly destroyed his cellphone and video

surveillance system and had his home professionally cleaned monday, the day lloyd's pwhod was found. at this point no arrest warrant has been issued. hernandez' troubled past is coming to light this morning. family members are saying that the death of his father apparently changed his behavior dramatically. a high school classmate and teammate is actually speaking out who graduated with hernandez in twefpb 2007 and says he was one of the best high school football players in the country. he says hernandez represents bristol connecticut and his former teammates are left in utter shock. we await more. jenna: thank you. jon: the obama administration is tracking down on whistle-blower hoping to keep another edward snowden from leaking state secrets. why some folks are troubled about the tactics the administration wants to employ. and we've heard opening statements from the prosecutor in the george zimmerman murder trial. right now zimmerman's defense

team is addressing the jury about the death of trayvon martin. and no one is watching the trial more closely than trayvon's parents. >> i have been every day, i will be attending this court and -- to try to get justice for my son. what makes your family smile?

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jenna: happening right now a dramatic day in the george zimmerman murder trial as both sides deliver some hard-hitting opening statements. that is a live look inside the courtroom by the way. he is charged with second-degree murder in the fatal shooting of trayvon martin an unarmed black teenager in central florida. zimmerman is pleading not guilty saying he shot martin in self-defense. prosecutors say zimmerman profiled martin. properprosecutor john guy's

first words to the jury today were a little too obscene to repeat here. he was quoting a call zimmerman made to police as he followed martin that day. >> ladies and gentlemen, the truth about the murder of trayvon martin is going to come directly from his mouth. from those hate-filled words that he used to describe a perfect stranger, and from the lies that he told to the police to try to justify his actions. jenna: that is the lead prosecutor. the family of trayvon martin also has their own attorney and on the way into court today this is what that attorney had to say. >> we think that this is a simple case, there are two important facts in this case, number one, george zimmerman was a grown man with a gun, and number two, trayvon martin was a

minor who had no blood on his hands, literally no blood on his hands. there was none of george zimmerman's dna found on trayvon martin's hands or underneath his fingernails. jenna: joe debenadeto is a criminal defense attorney. what do you think of the ark aouplt laid out by the family's attorney? >> to keep it simple, so what? it still does not -- if the argument was that the shooting happened as soon as mr. zimmerman approached trayvon martin then i will concede that that is absolutely devastating, but that's not what happened here. there are photos that show that a struggle occurred. mr. zimmerman has a fractured nose, two bruised eyes and abrasion -gs to the back of his head. that is clear that there is a struggle. so under those facts and circumstances the only thing that the prosecution is left with at this point is

guesswork. jenna: so as a criminal defense attorney then what is your strategy? we saw the prosecutor make the opening statement, saying this is -- these are the words, these hateful wordn our screen right now george zimmerman used. what is your strategy? how would you present this case? >> first i wouldn't make that joke that the defense attorney made early on. i this i that fell flat and i think it's grounds for jurors to hate him. jenna: what is the joke? i don't think we have that -- i hate to not have it for our viewers much i want to make sure we're clear. >> it was a knock-knock joke which quite frankly i didn't get. it had no place as part of an opening statement. in my opinion it fell very, very flat. if i was handling this case it would be simple, the first couple of moments i would open by acknowledging that this is a tragic situation, that somebody has died, and it's unfortunate. that being said, this all occurred in self-defense, that mr. zimmerman was justified in

his actions. jenna: would you have sometime r-zimmerman testify? >> it's too early to tell. i don't have the benefit of sitting with zimmerman and seeing what his personality is like. it's too early simply because we haven't seen what evidence the prosecution has brought forth. if they bring forth a strong case, at that point i think it would make sense for mr. zimmerman to testify. at this point it's too premature to make that determin determination. jenna: both families have been very outspoken about this case. george zimmerman's brother has been outspoken, his father has been quoted in local and national media as well. you have trayvon martin's very emotional and outspoken about the case. on friday the judge ruled when it comes to this controversial 911 call the family can testify, not an expert but family. what is the right way to use family in this case and in what ways can it backfire.

>> it's clear while the prosecution will want to bring the family member up onto the stand. they want the jury to feel the pain that this family is feeling, and even though they are bringing them forward for the purposes of testifying regarding a 911 call, the real reason is simply to get the jury to feel the pain that this family is feeling. so, can it backfire? potentially, but it's clear that the family members will be here to pull on the jurors' heart strings. jenna: thank you so much for your expertise. we'll try to find the knock-knock joke for our viewers. it sound like it was very important in this opening statement and good advice by you that knock-knock jokes can sometimes go wrong. jon: does seem like a strange way to open the trial. the u.s. government is asking a little favor of russia, return edward snowden before he flees moscow. and so far russia is saying net. what could this mean for the already frayed relationship between our new nations. the obama administration pushing

to revive peace talks with the taliban, is that a good idea? we'll debate it coming up.

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full months of identity theft protection risk free. that's right, 60 days risk-free. use promo code: gethelp. if you're not completely satisfied, notify lifelock and you won't pay a cent. order now and also get this shredder to keep your documents out of the wrong hands-- a $29 dollar value, free. get protected now. call the number on your screen or go to lifelock.com to try lifelock protection risk free for a full 60 days. use promo code: gethelp. plus get this document shredder free-- but only if you act right now. call the number on your screen now! jon: fox news alert. we have been closely watching the trial of former italian prime minister pwer silvio berlisconi who was charged with

trafficking and having sex with underage girl. he was sentenced to seven years in bringings as a result of all this. one of italy's richest men along with being the former prime minister, he is to spend seven years in prison under the terms of this jail sentence. jenna: even before edward snowden shocked the world with leaks from inside the nsa the obama administration was trying to crackdown on security threats, including a little-known program that requires government workers to essentially keep tabs on each other and report any suspicious deare behavior. doug mcelway is live with this story. >> reporter: this little known program is called the insider threat program, first signed into law by president obama by executive order on october 7 of 2011. it calls on all government workers in every agency and department even those agencies which have very little in the way of a national security footprint like the peace corp. or department of education or

agricultural departments to keep an eye on suspicious behavior and report it. take the department of education's system security awareness course. it says quote certain life experiences can alter a person's normal behavior and cause them to act illegally or in responsibly. some examples of what might turn a truster user into an insider threat are stress, divorce, untreated mental illness, financial problems, frustration with coworkers or the organization. as much as those issues might be a tip-off for suspicion they are also normal every day problems that don't signal a propensity to leak secrets. one congressional critic says this sends a very troubling signal. >> i don't know what the architecture of all of these scandals are, but i will say to you that they reflect one common denominator and that is that this administration seems willing to use its governmental power, its important oversight of government to go after its

political enemies in ways that are absolutely unconstitutional. in my judgment it's undermining our entire national security. i done think anybody has undermined this country's national security more than the obama administration has in the long run by some of its policies in the last five years. >> reporter: one attorney who represents federal government whistle-blowers fears the effects of such a program. >> part of the problem that is going on with the insider threat analysis. you can see it even with the snowden case as everyone is now decrying contractor access. it's hitting a small problem, although a significant one, with a sledgehammer. we've got millions of people who have access to classified information and we've only had a very, very small minuscule number of people who have actually been an insider threat. the problem is of course is that the damage that could be done is so significant, and the weakest link that we have is obviously that weakest link in the chain.

>> the obama administration has prosecuted more whistle-blowers in five years than all previous administrations combined. jenna: thank you. jon: there is outrage growing as russia continues to defy white house pressure to return edward snowden to the united states before he leaves moscow. president vladimir putin's press secretary denying any knowledge of the nsa leaker's move -pts, while another russian lawmaker asked why the u.s. should expect restraint and understanding from moscow. all of this is putting more strain on an already frosty relationship between the two countries, frayed by disagreements over syria, iran and nuclear-arms. let's talk about it with marvin calb and ed ward rmurrow professor. he is also a news correspondent as he served as the moscow bureau chief and former anchor of "meet the press." it sounded a little weird when

vladimir putin's office denied having any knowledge of edward snowden's whereabouts when we know he was at the moscow airport. what is that all about? >> what it's all about is it's just silly. obviously they know. for the united states right now there are really two related -- interrelated issues. one has to do specifically with snowden, how do you get him back. the russians right now are playing games with us. they clearly have the ability to turn him over, but they are not doing that. they want to extract as much embarrassment for the pam strayings aobama administration as possible. on the other hand nations deal with national security interest. they try to go above the interests of a particular individual. the national security interest of the u.s. right now is to be unto be on reasonably good terms with russia, seeking russian cooperation in the war zone area of syria and looking just

several months ahead to the possibility of having the u.s. having to do anything about the iranian nuclear program. these are big issues and the u.s. is right now trying to balance one with the other and national security is almost inevitably going to trump an individual's. jon: you're saying that we might not push as hard as some people might like us to push? >> yeah, i think that is about what it turns out to be. if the united states can push at a russian door, knowing that it's going to get the door open and get snowden through it, sure, you go ahead and do that. but i would imagine, i don't know this for a fact, but i would imagine that at the white house and at the state department they have in mind larger interest than just snowden. and those interests really do coincide on russian cooperation with syria. now they may not cooperate at all on syria, but the u.s. has to operate as though that is a

possibility. jon: president obama as we know has famously tried to hit the reset button and relations with moscow, and has also been trying to build a relationship with china, and yet those are the two countries we know of of so far that edward snowden has fled to. what does that say? >> that says that all of this must be infuriating to the obama administration. the president himself i understand has not publicly said anything about this. but, look, the chinese clearly had the ability to hold snowden in hong kong and send him back to the u.s. they chose not to do that. and this was after the president was talking only a couple of weeks ago with the new chinese leader. so that does not look good. on the russian side, the president knows already that his relations with putin are strained, that's obvious to anybody. the russians right now could be doing many worse things with

respect to snowden, but they are not, and so maybe there is the minima ahmed abdullah minni malsatisfaction in the russians allowing snowden to stop in moscow before he goes onto wherever he's going to end up. jon: is this about embarrassing the president, the nation or both? >> oh, they do come together. obviously. but i think that putin probably has obama in mind. jon: marvin kalb, interesting. thank you. jenna: the state of new jersey is flying flags at half staff today to honor actor games gandolfini. funeral plans have just been announced. we'll bring you the details on that. plus you'll remember this cover, the taliban did this. so why should we be holding peace negotiations with them? that is a big question for us, it's also a big question for those in afghanistan. up next we'll speak to a young woman who has lived under taliban rule. she'll tell us her story, why she is speaking out and what

every american must know. that's next.

jenna: right now the obama administration is pushing to revive peace talks with the taliban. the u.s. is sending a special envoy to meet today with the gavin president to get the peace process back on track to find a political settlement for afghanistan. but this is the same taliban we fought to get rid of after the 9/11 takes, the same taliban that approved cutting off a woman's nose and ears to punish her for running away.

her face a symbol of brutality against the taliban and how they behave. it's the same taliban that shot a pakistani schoolgirl in the head when she stood up for getting educated. here's why we're negotiating or what we're asking from the taliban, this is according to foxnews.com that had an article about this over the weekend, saying, quote: jenna: joining us now, the chair of a political movement in afghanistan, afghanistan 1400 pushing for a new air, if you will, in your country. it's so nice to have you on the program. >> thank you. i'm very happy to be here. jenna: tell me a little bit about your story. where did you grow up, and how did you come to be the chair of this movement? >> i was born in northern afghanistan, and we live inside kabul. until taliban took over. after taliban took over, the first indication was that we couldn't go to school anymore.

i was a little girl, i was in school, i couldn't go to school anymore. my mom was a primary schoolteacher, she couldn't continue teaching. so our family decided to migrate to pakistan. we spent a few years in pakistan, and we returned with the new administration back to afghanistan in the international community. and we thought this was the beginning of an era in afghanistan. i continued my education. i went to kabul university, got a scholarship, came to u.s., studied here. went to oxford for my master's degree, and i went back to afghanistan. i'm currently running a consulting firm as well as being the chair of this political movement. jenna: what a journey really. tell us about living under the taliban. what is that like? >> well, the first indication for us was just the schools being closed for m who. for woman. but soon we realized that the problem runs deeper, and there's more brutality involved. we couldn't, for instance, we had to hide our t. we couldn't -- we had to hide our books, even fiction books.

we had -- we couldn't listen to music. my mother, when she went out, she had to wear a burr ca and also -- burka and also be accompanied by a male. even if that's a 2-year-old boy. we soon realized they were infringing more and more on the security of citizens, particularly woman. jenna: so what do you think about this peace negotiation not only between the united states government and the taliban, but the karzai government as well? what are your thoughts about that? >> well, particularly with the u.s., it's very confusing, and i really can't fully grasp it as an afghan citizen. we don't understand how the u.s. government is willing to negotiate with a terrorist group, bypassing our elected government. many afghans have shown resentment to this. there has been widespread disappointment about the opening of the office in doha. this is the group that not only kills american citizens on a regular basis, attacks american

soldiers, but also kills afghan citizens and kills civilians, kills and stones women. jenna: you know, it's -- we talk about the war a lot, but obviously it's not on our territory. it was on 9/11, but you lived this on a daily basis living in afghanistan where war has taken place in the country since you were 14 years old. what is the risk to you as someone that's speaking out about a free, democratic afghanistan? >> we want the free and democratic afghanistan. afghans, i think our security forces have taken responsibility. now across afghanistan, even in -- [inaudible] our security forces are fighting the taliban. i think the war will be difficult, but we don't want to give back the system to a regime that will prevent me from going to work, prevent me from going to school -- jenna: do you feel scared now on the streets? is this something that is actually -- what sort of fear do you have? >> currently in kabul and other big cities, urban areas, thank god our security forces have

countered that security with the international support that they can secure us. we can go to work, we can easily go to schools. but that's -- jenna: let me just ask you a quick final question. our administration's doing one thing, our viewers may want to help support you. how can we support you? >> i think afghans have made the decision. they have said no to taliban and terrorist groups by standing by our elected government. i want the american people to stand with afghans and not the terrorist group on this matter. jenna: it's great to have you. >> thank you. jenna: thank you so much. we hope to have you back on the program and keep us updated on your progress as well, thank you. jon? jon: right now the first family's preparing for major tour of africa. the continent's economic and security concerns expected to be the focus for president obama. we'll take a look at that upcoming trip. and the king of the high wire living up to his nickname, nik wallenda completing another jaw-dropping tight rope walk. the inspiration behind this

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♪ ♪ jon: nik wallenda does it again. the seventh generation daredevil completing a tight rope walk across a gorge near the grand canyon, making the quarter mile journey look relatively easy, but he admits it was quite a challenge. rick leventhal has more. >> reporter: millions were glued to their tvs last night watching the so-called live wire event, treated to a stunning performance by a seasoned veteran with a very specific skill set who makes the incredible seem routine. [cheers and applause] >> reporter: there you see the 34-year-old jogging and hopping the final steps of the quarter mile, 22-minute walk above the little colorado river gorge which, in fairness, leads to the

grand canyon but technically is not part of the park. you saw him kiss the ground before greeting family, friends and supporters including preacher and author joel osteen who was on the other side. last year he crossed the niagara falls. required to wear a safety harness that time, but for this feat, no safety rope, no net between him and the gorge 1500 feet below his toes in northeastern arizona. he was forced to pause a couple of times and you crouch on the wires. wallenda says the dust sent dust into his eyes, praying to jesus almost constantly on his way across. the self-described king of the high wire, the first to cross the canyon like this something he's been dreaming of since he was a teen, and he did it in tribute to his great grandfather, carl, who fell bo the streets of pert' doe and die canned at the age of 73.

several other family members also perished while performing. now he wants to bring his act to the big apple, he wants to string a cable between the chrysler building and the empire state building. jon: wow. of it was something to see. >> reporter: indeed. jenna: back to one of our top stories today, edward snowden pulling out all the stops to avoid trial on espionage charges. what he can do on the run. we're going to talk about this with an international law attorney after the break. if you're looking for help relieving heartburn,

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jon: a fox news alert and life pictures there from the senate floor where lawmakers are back this hour to consider that landmark immigration pill that you've been hearing so much about. this as we await a key test vote on the border security amendment. and just moments from now the governor of one of the border states, arizona governor jan brewer, who has been heavily involved in the immigration issue joins us live with her take on what's going on in washington. ♪ ♪ jon: and another question up right now, where in the world is nsa leaker edward snowden? i'm jon scott. jenna: if only we knew. jon: yeah. a lot of people would like to know. jenna: welcome to the second hour of "happening now," everyone, i'm jenna lee, and that question is sure to come up at the white house daily news briefing which is about to get started. we're going to be watching what

the obama administration has to say now. in the meantime, in russia witnesses say snowden wasn't on the plane that just left moscow for cuba amid word he was seeking or is seeking political asylum in ecuador, and that would be his next stop. the plane company said earlier he registered for the flight using his american passport which has now been revoked by the state d.. snowden arrived in moscow just as the united states moved to extradite him on espionage charges. secretary of state john kerry is calling the latest developments deeply troubling. >> it would be very disappointing if he was willfully allowed to board an airplane as a result, and there would be without any question some effect and impact on the relationship and consequences. we, obviously, hope countries will live by the standards of the law. when they don't, they invite other countries to break those

standards, and i think it's a very serious question for all of us in our relationships. jenna: joining us now, bruce malloy, adjunct law professor at emory university. bruce, "the wall street journal" today in their cover story describes this story as a globalcat and mouse game. we're obviously the cat in this, what legal rights or power do we have to get this guy back on u.s. soil? >> there's several ways that the united states could obtain mr. snowden's presence. the most traditional way is with an extradition treaty. however, we don't have an extradition treaty with russia. we do have an extradition treaty with ecuador. it goes back to 1873 and was last amended in 1941. it's what i would consider an old-fashioned treaty. it lists certain crimes, but espionage is not one of those crimes. it also has a provision for a

political offense exception, so the chances of getting mr. snowden back from ecuador via extradition are probably not very good. jenna: first, could we, could we legally just go and get him? >> yes. we would be violating the laws of whatever country he's in, but the united states as a matter of policy has in the past been willing to either kidnap individuals itself or to pay bounty hunters to kidnap people. and the u.s. supreme court has said on multiple occasions that the manner in y is brought to the united states does not present a bar to their prosecution. jenna: do you think that's likely to happen? >> it depends on where it is. if it's russia, probably not likely. we're not willing to engage in the political firestorm that would create, but with a small country like ecuador, the chances that we would be willing to fend their sovereignty probably increase. jenna: interesting to consider. there are folks that think that

edward snowden, though, is a hero, that he actually has defended our constitutional rights and protected democracy. i mean, that's something that he's talked about. it's something that his supporters also talk about. i just want to go to his charges, first, because we keep on saying he's charged wees by imagine the. here's what the specific charges are. theft of government property, un,000ed -- willfully leaking classified intelligence. those do fall under the espionage action. how does that differ when someone's being looked at at those charges versus how they're being looked at for other crimes? let's say they're wanted for murder or kidnapping or something else? how does it change with those charges? >> well, i think that the charges don't really change unless you look at the motivation for the charges. if it's what's considered a political offense, that is what would ordinarily be a criminal act but the motivation is for a political purpose, then most

countries recognize an exception in their extradition practices to not extradite for those offenses. to give you an example, there were instances in the 1970s and '80s when the united states refused to extradite irish republican army members back to northern ireland to be prosecuted by great britain. and the courts recognized that although they had committed acts of violence, they were politically motivated. so i think that same analysis would apply to mr. snowden. jenna: interesting. so you don't think this is necessarily unprecedented as some are talking about. in general, what do you think about this case as someone who's looked at this law for so long? what do you think? are there any variables here that changes to make it a truly unique case or something we can draw from history on? >> i think we can draw from history on this. it's not unique to have someone commit what would be a criminal

act but do it for a political motivation. that's a practice that's been around as long as we've had extradition and international relations. here it's just that the consequences of mr. snowden's conduct could be so politically far reaching that i think that's what gets at the notoriety. as far as the extradition process and diplomatic relations go, i don't agree that this is particularly unique. jenna: interesting. bruce, context matters as we know here, and we appreciate your perspective and look forward to having you back on the program. thank you so much. >> thank you. jon: now this fox news alert, let's take you live to the supreme court where the justices, essentially, dodged major ruling on affirmative action, sending the texas case on race-based admissions in college back to a lower court for another look. shannon bream is live at the supreme court. so what does this mean, shannon, for the status of state schools that are currently employing

affirmative action? >> reporter: well, for now, jon, the court left that untouched. in a 7-1 opinion with justice ginsburg the lone dissenter and justice kagan had reduced herself from this can car accident -- recused herself from this case, the lower court didn't use the right standard when they were applying a standard to review whether these policies at the university of texas were okay. there's a white plaintiff who says she didn't get in because race was used and that worked against her. essentially, they decided we're going to leave these issues untouched, so for schools that are currently using affirmative action in their policies, it sounds like they're going to be able to continue with that for now. here's the president of the civil rights lawyers' association. >> bottom line is that affirmative action is still the law of the land. that's what's important for people to understand, that universities can continue to use affirmative action, there's no reason for people to panic, to run. >> reporter: so for now those

policies stay in place. but this case is not over, jon. jon: stay in place but the arguing goes on, right? what happens now? >> reporter: it does. because the justices decided that the lower federal court did not use the right standard, they're saying it back saying this case has got to be reheard. so, essentially, abigail fisher, that original plaintiff, who is set to graduate from college anyway, she maintains this case on principle and says it's an important fight she wants to have even though she's going to have a college degree from a different school. once they hear it there, i would be very surprised if the losing party doesn't appeal right back here to the supreme court, so within a year or two the same case could be right back before the justices. jon? jon: and you'll be right there to explain it all to us. shannon bream, thank you. jenna: opening statements are underway in the george zimmerman murder trial. the defense painting a very different picture of the events leading up to the fatal have shg of trayvon martin in february,

2012. after the prosecution's profanity-laced presentation this morning, we're taking a look at what's next for that side and also the defense. phil keating's in sanford, florida, with the latest. phil, let's start with the prosecution and their opening statement. it was a short f lot -- lot shorter than anticipated but full of surprises. >> reporter: absolutely. most observers anticipated the prosecution would take two to three hours, maybe all the way until lunch with their opening statement. but instead it was a short and punchy33-minute opening statement by assistant state attorney john guy taking a live look inside the courtroom right now. that is george zimmerman's defense attorney, don west, performing their opening statements so far, and they've already gone longer than the prosecutors did earlier this morning. sitting in the courtroom will not be the parents and wife of george zimmerman. they are not in there. they walked out of court before this all began this morning after judge deborah nelson ruled that they cannot be in there

since they are on the witness list. they are not allowed to hear other testimony, so they're on site, but they're not actually able to watch any of the prosecution of their son for second-degree murder, and a very emotional morning as the prosecution was delivering its opening statement. the parents of trayvon martin, tracy martin and sabrina fulton, multiple times wiping tears away as john guy gave a blunt, direct and attention-grabbing version of that night. >> [bleep] punks, these [bleep], they always get away. those were the words in that man's chest when he got out of his car armed with a fully-holded semiautomatic pistol and two flash lights to follow on foot trayvon benjamin martin who was walking home from a 7/eleven armed with 23 ounces

of arizona brand fruit juice and a small bag of skittles candies. >> george zimmerman is not guilty of murder. he shot trayvon martin in self-defense after being viciously attacked. >> reporter: you know, leading up to this trial for the past 16 months a lot has been said about whether george zimmerman ignored the advice of the dispatch police person on the phone saying don't fellow trayvon martin. and this morning don west, just moments ago, conceding that, yes, george zimmerman did follow trayvon martin through the game. ed community. however, putting the blame on trayvon martin for deciding not to go home as he could have, but to confront george zimmerman. jenna? jenna: phil keating, we'll continue to watch the live picture out of the courtroom. be back to you as news develops, thank you. jon: well, something that caught

a lot of people's attention, don west you heard from just a moment ago, but he also tried a little attempt at humor, apparently, to break the ice. listen. >> knock, knock. who's there? george zimmerman. george zimmerman who? all right, good. you're on the jury. jon: well, all of this happening moments after the prosecution said in opening statements that zimmerman was profiling martin shortly before he confronted the unarmed teen last year. in the last hour, defense attorneys had this to say about the joke. >> i wouldn't make that joke that the defense attorney made early on. i think that fell flat, and i think it's grounds for jurors to hate him. jon: yeah. we'll see how that all goes over. jenna: hard to know how those knock knock jocks are going to go over -- jokes are going to go over. when joe said that last hour, you know, it got our attention. we wanted to make shower our

viewers knew what he was talking about. jon: we'll continue to keep an eye on this case. obviously, it'll be a pivotal issue. jenna: well, a western wildfire explodes in size, threatening a major tourist spot in colorado, jon's home state, as people are forced to pack up and leave. the details and the pictures coming up in a live report. jon: also, this is no ordinary stroll. why two crew members on the international space stationing are taking a very ambitious walk in space. jenna: kind of makes what we do on a daily basis pale in comparison. jon: that's for sure. jenna: russia's putting a cold war freeze on relations with the united states, some say. how is the media covering all of this? our news watch panel just ahead. ♪ ♪ [ male announcer ] this is kevin.

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jon: just so you know, jay carney, te president's spokesman, has just begun his daily briefing in the west wing of the white house. we are keeping an ear on what he has to say. if he gets to issues of importance to you, our viewers, we will take you there live. in the meantime, president obama is getting set on wednesday to kick off a major tour of africa. so in a time of huge deficits, this trip has generated a lot of controversy because the bill for you, the taxpayer, could be as high as $100 million. the trip will focus on the continent's growing economic and security importance for the united states, but as former south african president nelson mandela remains in critical condition in a hospital, it also will carry personal significance for president obama as well. chris freights is a national correspondent for the national journal and joins us now. to that cost thing first, chris, a lot has been made of the cost of this trip. presidential trips always cost a

lot. what's your take on it? >> well, i think you're right, jon. certainly, presidential trips have always cost a lot, and this is no different, particularly when you have a trip to a developing area like africa. this is not the fist trip for an american president to africa. president clinton and george bush went twice. when president clinton went 15 years ago, the cost of that trip was about $43 million, and that doesn't include the security costs because the secret service always keeps that budget very, very tightly held. they don't want to talk about security, and they don't want to talk about the cost. so certainly it's a cost. but the white house will make an argument here that this is something that is a big cost benefit, that they're going to get a lot of commerce, a lot of trade out of bringing the president to africa to say that we, the united states, want to do more business with this developing region. jon: right. also worth noting, though, those earlier trips were not made at a time when the white house was closed to public tours because

we're trying to save a couple of dollars. >> well, certainly, and that is always the argument here. but this also comes at a time when countries like china and brazil are now far exceeding the amount of exports that they're sending -- jon: chris, let me interrupt you for just a second. just talking now about -- [inaudible] white house briefing. let's listen in to the presidential spokesman. >> to expel mr. snowden back to the united states to face justice for the crimes with which he is average canned. with which he is charged: i would note that given our intensified cooperation with russia after the boston marathon bombings and our history of work withing with russia on law enforcement matters including returning numerous high-level criminals back to russia at the request of the russian government, that we do expect the russian government to look at all the options available to them to expel mr. snowden back to the united states. >> have they responded by saying, yes -- >> again, i don't have details

of conversations to read out to you. obviously, we're monitoring the situation very closely and are in contact with russia and other governments as appropriate. >> and snowden left hong kong, what type of influence do you have beijing had in that decision? >> well, first of all, let me say that, that the request that was made complied with all of the requirements of the u.s./hong kong surrender agreement. at no point in all of our discussions through friday did the authorities in hong kong raise any issues regarding the sufficiency of the u.s.' provisional arrest. >> request. in light of this we find their decision to be particularly troubling. since june 10 when we learned that mr. snowden was in hong kong, u.s. authorities have been in continual contact with their hong kong counterparts at the working and senior levels. attorney general eric holder placed a phone call on june 19th with his counterpart, the hong

kong secretary for justice stressing the importance of the matter and urging hong kong to honor our request for snowden's arrest. there have been repeated engagements by the u.s. department of state, by the fbi with their law enforcement counterparts, and finally there have been continual communications by the doj criminal division's office of international affairs with counterparts at hong kong's department of justice international law division and mutual legal assistance unit. on june 17th hong kong authorities acknowledged receipt of our request. despite repeated inquiries, they did not respond with any additional requests for documents or information stating only the matter was under review and refusing to elaborate. on june 21, hong kong authorities requested additional information. the u.s. had been in communication with hong kong about th inquiries, and we were in the process of responding to the request when we learned that hong kong authorities had allowed the fugitive to leave hong kong. with regards to your question about the chinese government, we

are just not buying that this was a technical decision by a hong kong immigration official. this was a deliberate choice by the government to release a fugitive despite a valid arrest warrant, and that decision unquestionably has a negative impact on the u.s./china relationship. >> what are the repercussions in u.s./chinese relations in -- >> well, i'm not going to speculate, but the chinese have emphasized the importance of building mutual trust, steve, as you know, and we think they have dealt that effort a serious setback. if we cannot count on them to honor their legal extradition obligations, then that is a problem, and that is a point we are making to them very directly. >> has the president spoken to -- [inaudible] >> i have no presidential communications to point out to you but, obviously, we are community candidating with our counterparking lots at the -- counterparticipants at the appropriate levels. >> are there repercussions for russia -- >> i wouldn't want to speculate on outcomes here. again, as you know, we

understand mr. snowden to be in russia, and we are, of course, in discussions with russian authorities about that. as i just noted, we have a strong law enforcement cooperative relationship with the russians, and that relationship has resulted in the past in us returning criminals to russia, and, you know, we are expecting the russians to examine the options available to them to expel mr. snowden for his return to the united states. >> how frustrating is it to the president that first china lets him go, and now russia seems to be on is verge of letting him go? >> i would not want to speculate about anything that has not happened yet, i would say our frustration and disappointment with hong congress and china is -- hong kong is and china is in the statement i just made. >> how did the president react? >> he's been updated by his

national security staff on developments as you would expect. i don't have a characterization of his reaction to developments except to say that he's monitoring it closely, and that the disappointment that we feel in the handling of this by hong kong authorities and the chinese is evident by what i just said. >> does he want answers on why snowden's passport wasn't pulled sooner and other steps -- >> well, let me say a couple of things about that, because the state department explained this yesterday. as a routine matter and consistent with u.s. regulations, persons with felony arrest warrants are subject to having their passport revoked. such a revocation does not affect citizenship status. persons wanted on felony charges such as mr. snowden should not be allowed to proceed in any further international travel other than as necessary to return them to the united states. now, because of the privacy act -- and anyone can note the irony there -- we cannot comment

on mr. snowden's passport specifically. but i can say that the hong kong authorities were advised of the status of his travel documents in plenty of time to have prohibited travel as appropriate. >> it sounds like a -- [inaudible] >> jessica. let me repeat, i can say that the hong kong authorities were advised of the status of mr. snowden's travel documents in plenty of time to have prohibited his travel as appropriate, and i think i did reflect our concern and disappointment in the actions or the failure to act by hong kong authorities as well as the fact that we do not buy the suggestion that china could not have taken action. >> you said the attorney general reached out and fbi. has the president made a call to president putin, and if he has not, why not? >> again, i don't have presidential communications to read out to you except to say there is no reason why given international law, given the relationships that we have with

countries in question that this would require a communication from the president. again, i'm not reading out presidential communications. there are communications at all the appropriate levels, and we note as i just did that we have a strong, cooperative relationship with the russians on law enforcement matters, and we expect the russians to examine the options available to them to expel mr. snowden for his return to the united states. >> [inaudible] >> because i think as i just said when it comes to our relations with hong kong and china that we see this as a setback in terms of their efforts to build, the chinese, their efforts to build mutual trust. and our concerns, i think, are pretty clearly stated. yes. >> does the administration feel mr. snowden's already revealed everything he has to reveal? he's said he has access to the full roster of everyone in the entire intelligence committee, do you believe he has access so that kind of information?

>> there is a damage assessment that is being undertaken, and i don't have specifics on the progress of that ais accessment for you. assessment for you. the dni and nsa would have more on that for you. i can simply say that we are concerned about, in general, the leak of unauthorized leaks of classified information. we're concerned about the kind of information that has been leaked. i think that's reflected in the action taken by the department of justice. and we've said all along the disclosure of this kind of highly classified material is extremely damaging to our national security and gives our terrorist enemies a playbook for our activities designed to thwart them. so the implications of this kind of unauthorized release of information are pretty profound. yes, bill. >> a news agency has speculated one reason for the delay in his

departure may be that there's concern that the u.s. might try to force down the russian airline i were carrying tim -- airliner carrying him so we can retrieve snowden. would we go after him with force like that? >> we are communicating with the appropriate authorities in russia and elsewhere, um, on this matter. i'm not going to respond to speculation in a russian newspaper. it's within a long time since i've -- it's been a long time since eve done that. >> how far would we go to get him? would we, for example, take down an airliner from another country? >> we expect the russian authorities to examine all the options available to them to expel mr. snowden appropriately, and i think i can leave it at that. >> so you rule out any kind of use of force? >> i'm not going to engage in speculation about various options. i would simply say that we're working with authorities in a variety of countries on this

matter. >> and is there any information on what has happened to the four computers he is supposed to have been carrying? >> i don't have any information. i think that i, you know, as i said, we remain concerned about the unauthorized leaks of classified information and the potential for leaks of more classified information. there is a damage assessment ongoing. i think it's safe to assume that we, that information that he has both provided and may still have is already compromised and that the damage assessment would have to take that into account. >> right. but there are stories out there that -- one story has the computers having been left behind at some point. another story has the chinese having had a chance to copy the information. i mean, what do we know? >> again, i don't have specifics about that. maybe the department of justice does. but i can tell you that it's safe to assume in the damage

assessment that's ongoing that any information that he might have that's unauthorized that he has not already provided publicly we would expect to be compromised. yes. >> jason -- [inaudible] disappointed in china's handling of this. what about the u.s. handling of it? who is actually sort of leading the efforts? is it the white house? is it the justice department? who's sort of quarterbacking the u.s. response here? >> well, there's a variety of people involved, the diplomatic level, the department of justice, at a law enforcement level, the white house as a coordinator of -- >> is there a point person given the complexity -- >> for what issue? >> tracking him down. >> the department of justice has, obviously, issued an indictment and has the lead in that matter. but there are other agencies involved in the effort to deal with the situation, and that involves diplomacy as well as

law enforcement. but, again, i think to your question about the u.s. handling of it, i think i addressed the issue of the passport. again, without having, without being able to be specific about an individual's passport because of the privacy act, i was able to say what i said about the fact that hong kong authorities were advised of the status of mr. snowden's travel documents in plenty of time to have prohibited his travel as appropriate. again, and there was no indication in any of the conversations between u.s. officials and hong kong officials prior to their request for information that preceded the departure of mr. snowden that there were any problems. >> along the same lines, there have been some suggestions or reports that interpol was not contacted early enough in this process to alert them to the fact that the u.s. wanted their help. is that true? when were they contacted? >> again, i think you need to

understand that i believe as the case that in general red notice is most valuable when the whereabouts of a fugitive are unknown. here we knew the refuge tiff was in hong kong and directly sought his provisional arrest pending extradition while the charges were under seal. it is unfortunate that hong kong inappropriately failed to take saks on our questions -- action on our requests and permitted a fugitive to leave their country in an obvious attempt to escape justice. >> last question, the administration is obviously embarrassed, are they 'em base -- embarrassed now that you can't track him down? this cat and mouse game for all the world to see? >> again, i've been very clear about the actions we've taken and our assessment of the failure of authorities in hong kong to cax -- to act appropriately on a provisional arrest.

there are ongoing conversations about that. we'll have to assess as time passes. >> jay, we're more than six hours removed from the supposed airplane he was supposed to be on. with him not on an airplane yet, should that be taken as a sign that negotiations between the u.s. government and the russian government are making progress? their ongoing? is that a positive sign as far as the u.s. government's concerned? that mr. snowden. >> all i can say is this is an ongoing situation, we have asked the russians. i can note that we have worked cooperatively with the russians in the wake of the boston marathon bombings and have a fairly substantial history of law enforcement cooperation with

russia as a backdrop. i wouldn't want to speck hate about outcomes. this is clearly fluid -- >> so far they're cooperating? >> well, again, you know, we -- it is our understanding that mr. snowden remains in russia. beyond that, i wouldn't with want to speculate about next steps except that we have communicated to the russians our hope that they will look at all options available to them to expel mr. snowden back to the united states. >> does the u.s. government believe that if he is allowed to leave russia, then he probably, the u.s. government's probably going to give up on getting him back. >> i don't think give up is the way to characterize the situation. we believe we understand where

he is, and we're having appropriate conversations about that, and i wouldn't want to get ahead of that. >> quickly on immigration, one of the house democrats has tried to be involved with the talks. they've said that -- [inaudible] if a version of it does not pass the house before the recess seems to be different from where the white house wants it, something to pass the house before the august recess. are you guys comfortable with the idea that if the house doesn't act by the august recess you can still get immigration reform? >> we want progress in both houses. we have seen substantial progress in the senate and consider the agreement that was reached on border security to be a very positive breakthrough in the bipartisan effort toward common sense immigration reform and comprehensive immigration reform in the senate. this process is continuing.

we look forward to action by the senate and continue to work with we continue to the work with the house as we take up the issue. but your question is a good one because it reflects that if there are obstacles that remain before we get to where we want to be, which is where we have bipartisan legislation passed by both houses of congress. meets the standards laid out by the president so that he can sign it into law. and this is always going to be, was always going to be a heavy lift. we are encouraged by the progress we've seen, but we recognize that we are not there yet, and a lot of work remains to be done. jon: so turning to one of of the other burning issues of the day, the argument on capitol hill over immigration reform, that is the presidential spokesman weighing in on that. he spent the bulk of his time so far in his presidential daily briefing talking about the edward snowden case, the 29

contractor who has leaked so many secrets to the entire world. but it's curious that he first appeared in hong kong, which is a part of china these days, and next ended up in moscow. the budding super power, china and the former super power, the remnants of the soviet union, countries that are friendly at times with the united states but often fractious. let's talk to jim pinkerton, contributing editor and writer for the american conservative magazine, a fox news contributor. alan colmes is host of the alan colmes show and author of "language the liberals for saving america and why you should." interesting there alan too hear the question about whether or not should be more involved, motorcycle public about snowden. he hasn't said much about this guy, and whether he has said

things privately to vladimir putin for instance, we don't know, but jay carney seemed to suggest there that oh this is all stuff that is beneath the office of the president. what do you think? >> i didn't quite get that from what carney was saying. what i gleaned was that this is an ongoing negotiation. there are probably communications going on between us and the former soviet union with russia. it's a little bit premature to weigh in on either beating up on mute pursuit or russia. there are sensitive talks going on as we speak, probably. the sunday morning talk shows yesterday, you had chuck schumer and people like lindsey graham making very pronounced bold statements against russia, against putin. i think it's premature until we can find out what is really going on. i know the press wants information, but until we know -- we need more of a conclusion from the talks before we can really report on it. jon: the quote that i wrote down from jay carney, he said this would not require presidential

communication. meaning i guess that president obama hasn't necessarily picked up the bat phone and dialed up putin on this particular issue. >> it would appear that he hasn't. and of course we know for sure that the president and the united states were ineffective with the chinese when snowden had his little vacation in hong kong. we can presume that the chinese now know everything that snowden knows and everything that is on his computers. now it's the russian' turn to milk him dry and who knows where he'll wind up after that. jon: he said that he had all kinds of information about the names of pretty much the entire roster of cia operatives. alan. a pretty serious case. one would think that the president -- >> we don't know what he knows, what information he had on his hard drive. secondly the time may come when the president does pick up the phone and talk to putin. obviously you want to try to solve it if you can at a lower level first. thatters don't mean the president is not engaged or

wouldn't become engaged at the appropriate time.s worth remembt the president did engage on the all important issue of arms control with the russians. they have no interest in arms reductions and neither does the iranians, yet the president gave a beach in berlin saying we should have another arms control treaty. he he gauges in things that are fairytales and pixie dust about some liberal la-la land. and ignoring a security threat that is staring user in the face. >> arms negotiations don't happen at the president level. he gave a speech and said he would like to see nuclear reduction. this is and ongoing realtime situation right now involving snowden. jon: let me bring up so our viewers know exactly, or part of what michael goodwin wrote.

the new photo sparked talk of a new cold war, let's hope not because we would lose this time. in my showdown my money is on putin, in fact whether negotiating over syria or arm wrestling i want a putin on our side, he knows his country's national interest and is prepared to pursue them. we have a president who increasingly lives over the rainbow. >> that is his personal political opinion, he is not in the majority about that in this country given the fact where we just had an election and he was reelected. >> the president has had the chance in the last two weeks to talk to the country directly about syria and what is important and why it's important and so on. he's had the chance to talk about snowden and why that is important. he's delegated those issues and he himself has talked to climate change and arms control. jon: we'll have to leave it there. thank you both. we'll have you back again soon. >> thank you.

jenna: the speech about climate change is causing certain sectors of the stock market to take a hit today. the coal producers are down in part because of the anticipation of the speech. it has more to do with the economy specifically over in china. the dow is off its low today, but still trending lower as you can see on your screen. beefing up security is a key part of the immigration overhaul bill at least in one amend many. it's up for a crucial vote today. does the plan go far enough? where are the states in this? what about them? the federal government has taken a look at this. arizona governor jan brewer joins us live moments from now with her thoughts, just ahead. hi, i'm terry and i have diabetic nerve pain.

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achieved certificate goals 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 mexico's southern border and some on the northern border. jenna: let's talk to governor jan brewer a republican from arizona joins us now. senator mccain says in five years maybe there is a commission. what do you think so far? how do you feel about this border surge amendment and how the states concerns are being considered here? 0. >> let me begin by saying, jenna that i'm really, really am claiming victory for arizona in records to the border surge. i was writing to the federal government and to senator schumer way back in june of 2010 in regards to the border surge that we needed to see completed before we moved forward. so today hopefully that will get out of the senate and we can see that they are going to move forward. so i'm very pleased about that. my concern, of course, as always

has been is that we don't want to have the same situation that's happened in the past, we need to see that the border is under somewhat of some type of operational control before anything else, i believe should get passed. jenna: what about accountability there? i did ask senator corker about that on friday and he said once all the different security variables are in place the border will be secure. we've heard different things about apprehension, percentages, for example, that will prove that the border is secure. how would you deem success of a secure border, governor? >> well let me say first and foremost i think a lot of the data we received in the past, you know, data can be whatever anybody wants to make it. the bottom line is i think we need to rely on our border patrol, when they say that it's under operational patrol control, our law enforcement, the board of governors, people who are living it every day, day in and day out, they are the ones that should be able to call

and say, this time the border is under operational control. because we are the recipients of all the bad that takes place with the borders being open. jenna: have you and approached of any lawmakers to be part of the said commission in five years or been approached in anyway to talk about how you would hold the federal government accountable for this new border surge? >> well, certainly i've been in contact with senator mccain, and senator flake and my congressional delegation. i was just recently on the phone with matt salmon who is working diligently in the house to come up with solutions. hopefully together as the bill moves out of the senate and gets over to the house we can come up with a solution for the united states of america. jenna: i only have about a minute here. i want to get this final question in because it's been a big topic of conversation for our viewers, and some also lawmakers about the debate about more big government, another big bill, another big federal program. how do you feel about that,

governor? is this the wrong move when we look at it in that sort of prism, if you will? >> you know, this is a big issue, so it probably needs a big bill. let's hope they read it with a fine tooth comb. in the past we haven't had a lot of good reason to believe that they read those great big bills. someone better be going through it with a fine tooth comb and do it right this time. they need to do it right. jenna: we look forward to checking back in with you as we see what happens to the amendment this evening and also the bill overall when it comes to the house. that is a big question. governor brewer always nation to have you on the program. thank you so much. >> thank you, jenna. jon: fox news alert and as jenna was telling you earlier the dow is off its lows for the day but still down about 200 points and it is down more than 800 points from its high reached back on may 28th. 800 points on the dow that is a lot. we are continuing to keep an eye on it .

nervousness over the economy of china a big part of the reason, the dow is not looking so good right now. we'll continue to watch it throughout the day here on fox. 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.

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call the number on your screen or go to lifelock.com to try lifelock protection risk free for a full 60 days. jon: right now funeral a raining *p raining -plts are se arrangements are set for james galofini, he died from a heart attack in rome. he was 51. >> an hbo spokeswoman speaking on behalf of his family says his funeral is scheduled for thursday at 10:00am. services will be held at the catholic church of st. john the devine in new york. he died last week at 51 years old. his body was flown by a signature airlines flight sunday night to newark liberty international airport. his remains were taken from the

airport last night at around 11:20pm to an undisclosed location. the act he shall had been headed to sicly to appear at a film festival which paid tribute to him on saturday. tkpofz chris christie has ordered flags to fly at half staff to may tribute to him, a new jersey native as well. in his executive order he describes him as an iconic actor who left a timeless impact upon television and film in the state of new jersey and across our nation. the move, though not unprecedented is causing some controversy since military servicemen, first responders and public officials who have died are honored with that same flag tribute. he did the same thing after the death of clarence khrefp clemmons and whitney houston. >> paul a deen's fan are chewing out the food network protesting

the decision to fire the chef. what her fans are calling for now and how they are showing their support for her next.

>> megyn will have the paula deen controversy and right now there is a panda missing from the national zoo. true story. the red panda, ten pounds, rusty is missing. >> poor little rusty. he is probably in a tree taking

a nap. >> they saw him around dinnertime and this morning not in the cage. >> and everyone looking for snowden. if you see him call the national zoo. >> america live starts right now. >> thanks for joining us. >> fox news alert on the explosive first day of the george zimmerman murder trial. welcome to america live, everyone. i am megyn kelly. february 26th, '28-year-old george zimmerman self- described white hispanic man shot trayvon martin in a gated community in florida. the shooting exploded on a national debate on whether mr. zimmerman was defending himself or manage more nefarious. there was a fiery opening statement from the prosecution. and here are the highlights. >> good morning. nk