southern california jumped to the water to get away from the police. he spent eight hours swimming around out there. a special dive team came in and pulled him out. that is one way to go about it. bill: surfing. martha: bye, everybody, see you tomorrow. jenna: hello, we start off with fox news alert, the supreme court striking down a key part of the voting rights act. in ha 5-4 ruling the justices say lawmakers must update the government's formula for determining which parts of the country must seek federal approval for any sort of election changes. this is the 1965 voting rights act and it pertains to 16 states that need federal permission on electoral issues like redrawing district lines or moving a polling station. much more on this developing story, what it means now for votes and elections going forward. that is all coming up on "happening now."

and right now we have brand-new stories and breaking news. jon: a defiant moscow thumbs its nose at washington refusing to extradict nsa leaker edward snowden. president putin saying now he committed no crime in russia and is free to go on his way. a claim that president obama is losing credibility around the world over the way he's handling the snowden crisis along with a host of scandals dogging his administration. also one medical test all baby boomers need to get before its too late. it's all "happening now." oh, boy, the international showdown continues over a fugitive on the run. russia's top diplomat fires back african-american officials call on moscow to hand over the man that our government labels a spy and a thief. i'm jon scott. jenna: a little bit like the wild, wild west but a global version, if you will. wanted posters and all of that.

jon: possible sees pursuing the guy. jenna: new comments from president putin by the way. hi, everybody, i'm jenna lee. we'll get to the comments from putin in a moment. in the meantim mean russia's foreign minimummer sister says that they vie hra*eult eu violated the law for housing edward snowden is unacceptable. they say he is in a transit zone of a moscow airport. that is important because apparently that means he is not in the area where russia is talking to him or reaching him or so says the russian president. the russian president goes onto say he will not be extradited to the united states. now yesterday white house press secretary jay carney indicated that the president had not communicated directly with putin about the controversy. not long ago as you might remember, we have the video on our screen the new members met at the g-8 summit and their differences over serious civil

war high lated what appeared to be an awkward encounter. the obama administration expected russia to consider this matter entirely separate. >> 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 we are expecting the russians to examine the options available to them to expel mr. snowden for his return to the united states. jenna: the press secretary speaks fluent russian, spent many years in russia working as a journalist. they are raising questions what the lack of cooperation on snowden says about the american influence abroad. >> we have extradition treat trees, relationships, we should use the relationships and if we are not able to convince our allies or other countries to actually help us with this that doesn't speak very well to how we are being viewed in the world

and to our credibility. if we like to leverage our credibility and we are not successful that does not help our image whatsoever. >> in the meantime serious concerns linger about what intelligence snowden has to offer those who might help them escape. kt mcfarland is a national security analyst and joins us live from dc. you just posted a piece that went up a few minutes ago and you said this is the turning point in the president's administration. why? >> in any presidency there is a point which you look back at and you say you know after that point nothing ever was the same again. sometimes it's when a president then goes onto greatness, but in the case of jimmy carter, for example, it's the point at which you say, you know, nothing was ever the same again. i think obama is there now with this snowden event. why? because from here on in obama will not get a break. he's been shown by the chinese last week and the russians last week that he may request something, his administration may ask for something but those two countries, our two greatest

competitors have no problem of doing the equivalent of a diplomatic slap in the face. the clip you showed of the russian foreign minister, the paperwork wasn't filled out. he is in a transit zone or the chinese last week, well you know you didn't ask it in the right way. those excuses are right up there the dog ate my homework. this is a clear message the chinese and russians are sending to the united states. we don't care. jenna: what us the counter punch? >> it should be that the united states comes back instead of just looking helpless in all of this. which is how, for example jimmy carter looked after the u.s. diplomats were taken hostage in teheran in the late 1970s. the united states has things they can do to put pressure on the russians. we've been unwilling to use them. the r*ufpbgss need direct foreign investment to help their economy. they need american technology to develop some of the oil fields in herein siberia. we can say to them you know that

missile shield in poland and the czech republica republic that you canceled? we may actually put that missile shield back in that part of the world. awful the efforts that this administration has made to, quote, reset relations with the russians have been a failure. and not only -- jenna: we see the comments coming from putin, i'm keeping an eye and looking down and seeing if we have anything knew on it. the russian president is speaking about this during a news conference on a visit to finland, we can follow the bouncing ball on that one. that's what the russian president is doing today. our president is making a speech about global warming and climate change today, and a point was raised on our show yesterday that i'd like your thoughts on kt, that perhaps there is a lot happening in the background. yes the president hasn't come out like the russian president and talked about this. but perhaps there is a lot going on in the background and there is a reason not to be so public about it. with your experience in government what do you think about that? >> no, i don't think that is the

thing that is happening at all. other pies putin and the r*ufgs foreign minister wouldn't come out with the statements they just made. the chinese 0 last week wouldn't come out with the statements they made. when snowden goes to the country there are a couple of things happening. he has a price of admission, what is he doing? he's probably turning over highly classified information. that's why a week ago you saw in the chinese media accusations that the united states was hacking the chinese. i was in china a month ago, and i talked to the vice foreign minister and said the major issue between us is hacking, cyber hacking, cyber theft, cyber espionage, you're doing that to us. he brings eld and he said, no, no, no america is doing that to the chinese. up until r-r's visit there was no proof ountil snowden's visit there was no evidence of that. who i think they are very emboldened and think they can slap us around as much as they like.

jenna: where are our friends and allies? who else is speaking out on our behalf? nobody us. they see the russians and the chinese can do that and humiliate us. they are going to be silent on the sidelines. when they do that to us now, maybe iran does it next, an venezuela and then countries like cuba and ecuador. they think it's open season on the united states, they have the president's number and they are going to exploit it. jenna: what to make of the silence from our friends is a topic we should talk more about. thank you very much f time today. i urge viewers to check out your article on foxnews.com. jon: a brand-new bombshell in the reus artargeting scandal. it turns out the dragnet was broader and lasted longer than previously claimed. a preliminary report by the i.r.s. find no evidence of intentional wrongdoing. meanwhile, the i.r.s. official who took the fifth refusing to testify before congress, he remains on paid administrative

leave. doug mcelway is live in washington. this report, doug, how does it change plans for congressional investigations if at all? >> reporter: jon, probably not at all. chairman max baucus and/or inch hatch said the i.r.s. principle deputy commissioner worth of report that came out yesterday says he's fixing problems that have undermined the i.r.s.'s credibility with the people. 0 his report found no malicious intent for the targeting. here is what he told reporters in a conference call yesterday. >> the fact gathering is still underway. we have not found evidence of intentional wrongdoing by anyone in the i.r.s. or involvement in these matters by anyone outside the i.r.s. >> reporter: his report went onto say that the groups seeking tax exempt at that time tuesday that used the term progressive were also targeted, a finding

that came under immediate criticism from republicans. >> who did they pick and why? they picked people who were criticizing the president. that says all you need to know. it's no accident they picked conservative groups, tea party groups who were given obama a hard time on many fronts, particularly obama care. to think any other -- to roach any conclusion is absurd. >> reporter: chairman darrell issa of the house oversight committee released documents last night which seemed to indicate that conservative tea party and pro israel groups went through a special screening process at i.r.s. while progressive groups did not. jon. jon: we are hearing that these targeted groups now can selfcertify their tax exempt status? >> reporter: that seems to be a bit of a bone that the i.r.s. through to these groups for all their months and years of hassle. there is also some confusion, though about the selfselection process. the i.r.s. has suddenly changed the standard for 501c4 status under this selfcertification.

60% of their activity must now be for social welfare. it used to be just over 50%. targeted groups remain deeply skeptical about what is going on. jon: all right, doug mcelway in washington. coach and eye on it for us. jenna: from washington to florida, day two of testimony in the george zimmerman trial. prosecutors are pushing to have a series of calls george zimmerman made to miss admitted as evidence. zimmerman made several nonemergency calls about suspicious people in his neighborhood in the weeks and months before he shot trayvon martin. prosecutors say these calls are indicative of zimmerman's state of mind that night. here is one of those calls that zimmerman made. >> okay and is he white, black or hispanic? >> black. >> i talked to detective walker and gave him a description of the guy we see now. >> what is he wearing right now? >> a white tank top and black shorts. and brown scandals, and black

socks. >> okay and is he walking? >> yes. >> okay. and so is he near the -- >> the back entrance to the neighborhood. jenna: phil keating is live outside the courthouse with the latest. phil. >> reporter: it's more to note the jury was not inside the courtroom to listen to these contentious arguments, and judge debra nelson is going to mull over and establish case law tonight at home and likely rule on this issue in the morning. it deals with relevance, as well as george zimmerman's state of mind. this argument stopped court early yesterday afternoon and it delayed today's start. however the jury back in the courtroom right now and you can see they are having a bench conference currently right now. wendy dorvil on the stand, stanford pd catch coordinator that testified that all neighborhood watch participants are instructed not to follow people or take matters into their own hands. prosecutors want to show

zimmerman's state of mind the night he followed trayvon martin and ultimately shot and killed him was one of anger and frustration built over time supported they claim by a five previous 911 calls about suspicious teenagers in his neighborhood, all of whom were black. here is a sample. >> there was a break in in my neighborhood recently. >> black, male or hispanics. >> two black males. >> can you describe the individuals. >> two african males. >> black, white or hispanic? >> black. >> zimmerman's attorney believes these previous calls are all good acts by george zimmerman with no connectivity at all with the night zimmerman spotted trayvon martin. >> they haled nothing and now they are trying to present sort of a stealth argument that we want you to believe he's bad because he was so good in the past he must be angry. >> nobody is calling this good act evidence. in fact, what is relevant about it is the fact that you can see

that he has, again, on prior occasions, called to report suspicious people, knows how to do that, knows what not to do, and the frustration builds. >> reporter: you may have remembered yesterday when some of those recordings were played, specifically the calls that zimmerman made about trayvon martin and he muttered under his breath, these blanks always get away. that is basically the relevant here that the state prosecutors are trying to present. jenna: we'll continue to watch. thank you. jon: jenna touched on it with kt the u.s. is not getting much help from its international partners in the captu of nsa leaker edward snowden. but could president obama personally do more to try to resolve that? what both critics and supporters think about the president's handling of this situation. and what it might say about america's standing in the world. also, judgment day for italy's former leader, the verdict is in for silvio silvio berlusconi and

the b u.n. ga-b u.n. ga sex scandal that rocked his time in office.

jon: the obama administration's attempt to capture a fugitive edward snowden are drawing criticism particularly from some on the right who sight the lack of cooperation from china and russia in helping us nab the nsa leaker. today a "washington post" article says, quote, conservatives say obama a's posture in the case provides further evidence of a commander-in-chief whose credibility abroad has declined and shrinks from presidential leadership at moments of international crisis. others say the president is respecting the fine line he has to walk over such a controversial issue. the same article cited a former state department and pentagon official now at the sent for for tra taoepbl i can and interest national studies who said quote i think it would be totally inappropriate for the president to put american prestige on the line to make threats.

you have to handle it at lower levels. you have to find much quieter ways of communicating with russia and china. bob cusack is managing editor for "the hill." explain that fine line. why wouldn't the president put in a couple of phone calls to vladimir putin for instance? >> he's in a tough spot. but alternate the same time the white house has been i think a little slow on reaction to this one. when the news came out a lot of people were calling him a hero and some were calling him a traeulter. the white house was basically silent on that. it's tough to blame the u.s. we don't have forces around the whole world that can gus get him in hong kong or russia. some of the criticism was fair because the white house thought they were going to get snowden and he is still on the hraoudz and this is clearly an embarrassing episode for the white house. jon: it's water cooler talk all over the country and what the president is talking about these days is nuclear disarm o

disdisarmament and cleaner wear. is there a disconnect? >> it is tough. the u.s. recently criticized russia on human trafficking. he's hit china as well which obviously has jurisdiction over hong kong. so on one hand the u.s. is criticizing him, on the other saying okay we want snowden back, that is a tough, delicate line. what some critics are saying is that there is no fear, there is no fear of of the white house that president reagan was feared by russia and other countries, but there is not that fear with president obama. jon: and the president took another shot you might say, a bit of a smack down today from the supreme court on the voting rights thing. states like alabama and mississippi have enacted some new voter id laws. the supreme court says basically they can go ahead and enforce those, right? >> he why, that's right. so it's a victory for those who want state power. there are a lot of conservatives in the south who have been pressing for this policy change,

in some ways it's not surprising because it is still a conservative-leaning court despite the obama care decision of last year. this was expected. at the same time it is a blow to the obama administration. they were obviously arguing the other way. the court is now calling on congress to change the formula for the voting rights but don't count on that especially with a divided government. where it goes now is that you're will have a lot of outrage on the left, but you're going to have the state's having more power to decide what type of voting authority they have and the left is going to say, way, the federal government does have a role here because there is voting discrimination going on. jon: less power for the department of justice or so it would seem. thank you. jenna: new reaction to the murder investigation involving new england patriot's player aaron hernandez from an attorney of a man who claims hernandez shot him. rick is here with the latest on this story and the strange twists and turns coming up.

jenna: new developments in the murder investigation involving new england patriot player aaron hernandez. rick folbaum has the latest for us now. >> reporter: hernandez could find himself in legal trouble on two different fronts. he's a possible suspect in the murder of a semi pro football player, 27-year-old odon lloyd. his body was found near hernandez's home outside of boston. police continue to search the area. one of the police officers was seen yesterday with a metal detector scouring a creek near hernandez's property. the other case that we mentioned involves the shooting last february in south florida where hernandez is alleged to have

shot a man named alexander bradley in the hand, then the bullet peerin bullet peering bradley's eye. he lost the eye as a a result of the shooting. he did not come forward to police right away. his attorney is filing a civil suit against the football and she spoke to greta on the record last night. >> mr. hernandez and his buddies had left mr. bradley for dead, in circumstances similar to what we're hearing about in massachusetts. they left him shot and wounded in an industrial park down in the riviera beach of florida. my client was afraid. the reports were true he didn't give up hernandez because he was reporter: they say the police in florida are now investigating. just as in massachusetts no charges have been filed. if anything changes on either front we'll let you know. back to you. jenna: sounds good. thank you. jon: there a new push for the truth on benghazi. law of makers are demanding

answers, now issuing subpoenas to compel testimony from key officials at the united states department of state. plus, washington getting no cooperation from russia or china when it comes to extradicting this man, edward snowden. so are there any other steps the u.s. could take to bring the nsa leaker to justice?

jon: new developments now in the investigation into the terror attack on the u.s. consulate in

benghazi. the chairman of the house oversight committee has subpoenaed several current and former top state department officials. as part of the panel's investigation into the attack in which terrorists murdered four americans, including ambassador chris stevens. mike ae manual live on capitol hill with more. >> house oversight chairman darrell issa has wanted to conduct depositions with four key state department officials and has now issued subpoenas to make it happen. in a letter to secretary of state john kerry he writes saying that the house oversight committee has been trying for months to arrange the interviews. the chairman said they thought they would have finished a half dozen interviews by now. issa writes quote i respect the witnesses' interest in preparing to answer the committee's questions, however i am concerned that waiting weeks or months while the department prepares to be interviewed creates the risk that their testimony will be rehearsed or coached. he notes, it does not require weeks of preparation to answer

questions about benghazi truthfully. of course the house oversight committee has been investigating the the attack last september 11th in benge, libya when four americans were killed. here is another key lawmaker expressing his concerns about the benghazi probe. >> remember the bush days when everything that could be investigated by an independent group was asked to be investigated by a senator obama? what happened to this most transparent ethical administration in the history of mankind? starting with obama care that passed under the cover of darkness, and everything -- benghazi have you heard from any of the survivors? i haven't heard from any of the survivors. >> reporter: we expect a briefing at the state department in about an hour. that's where we expect to get the first reaction to the house oversight committee's subpoenaed to state department employees. jon. jon: that issue is coming back to the front burner, so it would seem. mike emanuel thanks. jenna: "happening now" in

massachusetts voters are going to the polls to elect a new senator. marquis is facing off against gomez in a special election to fill the seat sraeu baite sraeu indicated by john kerry. molly line has more. >> reporter: both of the then seeking to fill the senate seat casted ballots there and are making a final appeal to voters. gabriel gomez a former navy seal who distances himself from national party conservatives. this is a very blue state. democrats out number republicans 3 to one. he made the first appearance last night with former senator scott brown perhaps trying to rally the base in massachusetts, encourage people to come out to the polls and gain a little of the excitement that brown had during his 2010 run. ed marquis who has spent three decades in congress voted from his hometown. he also held an election eve

rally last night. he's brought in pretty good guns, like president obama, bill clinton. despite the efforts of these candidates. the massachusetts secretary of state predicts no more than 1.6 million of the state's voters will cast ballots today. that is down considerably from a 2.5 million that showed up. brown scored an upset win to fill the senate seat once filled by ted kennedy. >> there is no compelling issue here. the scott brown race, that was about obama care. there is no big issue here. right here in massachusetts the economy is going fairly well, better than the rest of the country. there is no real reason why everyone has to rush to the polls. and everyone, frankly is nursing hangovers from watching the bruins last night lose to the chicago blackhawks. >> reporter: that's right we have that to think about as well. as far as this prediction of a low turn out is concerned says they haven't received as many

requests for absentee ballots and as many inquiries. the web inquiries come in asking, where is my polling place, that sort of thing. jenna: the hockey factor, an important one that we often ignore. molly, sorry to bring it up but good to include in the report. mali thank you. jon: let's talk about nsa leaker edward snowden. so far he has evaded extradition to the united states, both in hong kong and now in russia. snowden is saying now that he took the job with contractor booz booz allen just to gain access to secrets. and his goal all along was to tell the world about the top secret surveillance program. he's hold up in moscow somewhere hoping to find asylum. russian president putin says snowden will not be extradited and the foreign minister says he's not even under russia's jurisdiction. listen. >> he did not cross the russian border and we consider

absolutely unsupported and inadmissible the attempts which we see now, the attempts to accuse the russian side of violating u.s. laws and almost accusing us of participating in a conspiracy. accusations which are accompanied by threats in our direction. there are no lawful ground nor americafor american officials to act in this way. jon: there is a response from secretary of state john kerry, this just coming in. he says there is no extradition treaty with russia but there are standards are behavior between common nations and he says russia should not side with an international fugitive. let's talk about it with mike baker a former cia covert operations officer, also president of diligence, a global intelligence and security firm. so, we seem to be at a standoff here right now, mike. what leverage does the united states have if any with the r*us to try t russians to try to get

them to give up this guy? i think as viewers can see from the clips you just played we have no leverage. you couldn't make this up. we were feckless and meek and mild mannered in trying to deal with the chinese. i was amazed that we couldn't strong arm or barter or negotiate with the chinese. i was convinced we would to get him handed over while he was sitting in hong kong -rpbgs whic, which despite people's belief that it's a separate entity is a chinese jurisdiction. with russia he's sitting in the transit area of the airport and the russians are having so much fun with this as you note etched the foreign minister is saying, well he hasn't crossed a russian border he's sitting in the transit area of moscow airport and they are parsing words because they are enjoying this so much. we have no leverage. this is a massive lee disappointing situation right now. jon: let me read a statement from vladimir putin, this according to the reuters news agency. putin said snowden is still at

the airport as you mentioned. he says, he is free to leave and should do so as soon as possible. now that seems to be kind of amir or image of what the chinese did. they let him sit there in hong kong for a while, kind of twisted the knife against us for a while, and then said, okay get out of here, get on your way. >> no you're absolutely right, jon. that's what they are are doing. pwoeflt the chinese and the russians are getting as much enjoyment and pr out of this as possible right up to the point where it could create an actual, you know, from their perspective international incident. and i think they are reading this actually correctly. foreign leaders tending to very a debt at understanding the substance, the core of other foreign leaders, i think they are looking at the current president here in the united states and thinking okay he's a great politician but there is no principle. they've seen him back off of a variety of other statements. they've seen him shift and we've had an inconsistent mixed message on foreign policy for years now during the course of this administration. i think they are reading that absolutely correctly.

and frankly, i think they are also understanding the internal politics of the white house better than a lot of people here in the u.s. i think they understand that the white house really doesn't have stomach to get snowden back here and then go through the spectacle of a trial with snowden keeping this on the front pages as we move toward the midterm elections. jon: apparently snowden has four laptops worth of material that he has basically stolen out of nsa computers. do we know that the chinese and now the r*ufgs the russians haven't accessed all of that in. >> that is a really important point. every u.s. company in the private sector that does business in china has an understanding that once they set up a corporate office or facility that their interest electrics you'll property will be obtained by the chinese authorities. that's what they've been doing for decades. the idea that somehow snowden who is nobody's idea of a jason bourne is traveling around with a great deal of classified information in chinese territory and with the russians has not

somehow managed to lose that intelligence to these very capable intel services is laughable. he was also dash tkharb he wa -- he was feeding information to the chinese about our national security posture towards the chinese which all by itself is a life sentence. i mean imagine if you were a cia officer and you walked in, took the information out of a safe in the building about a chinese operation, operation that we were running against the chinese and walked that over to the chinese embassy. you would be in prison 4 then for the rest of your life. that is essentially what he was doing while he sat in hong kong. jon: wow, it's really an interesting situation and we'll continue to watch it. apparently putin thinks snowden ought to get out of russia. we'll see if they actually enforce that. mike baker, thank you. >> absolutely. thank you. jenna: the president's second term is full of several big controversies consuming a lot of the administration's energy and certainly a lot of time. now there are indications that some of the president's core supporters are getting a little frustrated. will he be able to get back to

pushing the agenda that he touted on the campaign trail that got him elected? what about his legacy. we'll talk about that. also are safer and smarter cars coming to a show room near you? we'll take you on a test drive in the car of the future. we are live in dearborn, michigan with a very cool demo just for our viewers today. we'll be right back. blah the great outdoors...

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jon: brand new stories coming up next hour. the george zimm

underway right now. prosecutors are pushing to get several phone calls zimmerman made to police in the months before he shot trayvon martin admitted as evidence. our legal panel will weigh in on whether the judge should allow it. and the u.s. taking part in a major military exercise this week. the reason for operation dawn blitz. plus, a happy update to a story that broke right here on "happening now" 234 hours -- 24 hours ago. where zoo officials found rusty the runaway red panda. it's all new next hour. jenna: you slept easier last night, i know that, jon. well, taking the car of the future for a test drive today. ideas that were once just dreams on a drawing board now being put into practice, and these features could make vehicles safer and smarter. mike tobin is behind the driver's seat, literally, in dear born, michigan, with more. hey, mike. >> reporter: hey, jenna. this is a pretty good example of distracted driving, looking back and talking to you like a parent

looking back on their kids. but this is a closed course, and ford has outfitted this car with a forward collision warning system. i'll show you how it works right now. as we speed forward, you can see there's an object on the track. but this car essentially has a radar shooting forward to see if there's something there and it looks like i'm going to hit it. there's your warning, it gives me plenty of time to brake. what you probably didn't get at home is the audio, but everybody in the car heard that warning. what the cars are also being outfitted with is the lane keeping system, a camera that's looking forward k it knows the lanes on the road and knows if the car starts to drift. it's even gently steer the car back into traffic. all of this is becoming available at the dealership near you in the affordable cars, not just the high-end cars. none of it is really an example of technology driving the car, it's all an example of technology reengaging the driver, getting them to look away from their cell phones, from the navigation and keep

their eyes on the road. jenna? jenna: do you think, mike -- and i appreciate you, by the way, taking the risk and doing the report while you're supposed to keep your eyes on the road, but what's the concern about it promoting more risky behavior because people feel like there's a safety net, so if i have to look back at my kids or to jon to argue with him about something -- jon: yes. jenna: -- that i'm like, oh, i have a warning. it's something that really as a matter i'm going to hear about it. >> reporter: well, you know, people are already doing that. statistics ow nine people will die today from distracted driving. you know people are using their cell phones, looking at the navigation equipment, and all this does, essentially, is give you that heads up to remind you that your eyes are supposed to be on the road, that's one thing you should be paying attention to. jenna: all right. mike, i know you're a safe driver, so thanks for playing a bad one on tv. >> reporter: thank you. jenna: mike tobin, thank you so much. >> reporter: you got it. [laughter] jon: james holmes, the man accused of a mass murder at a

colorado movie theater, he's back in court today. why his trial could be delayed, that's coming up. plus, an important recommendation for baby boomers. the medical test a federal health panel says you should all get.

jon: a fox news alert, take a look at the dow, up about 93 points right now. been a bad month for the dow to this point, but it's up almost a hundred on news that, well, the housing market looks pretty good and also word from the conference board that americans' confidence in the overall economy is at its highest level in five years. that's pushing the dow north.

let's hope it continues. ♪ ♪ jenna: new health recommendations just came out specifically for baby boomers. the u.s. preventive services task force is an independent panel made up of a bunch of experts, say that all adults born between 1945 and 1965 should now be screened for hepatitis c which is the leading cause of liver damage and liver disease in this country, although you can have it and never really know it. medical a-teamer dr. marc siegel is a professor of medicine at nyu. why the baby boomers and why this announcement now? >> first of all, i'm really proud of the task force who are primary care doctors like myself who are always going out there and saying don't get a mammogram, don't get a psa, really essential screening tests suddenly coming out and saying hepatitis c is a huge problem, let's screen baby boomers for it. i'm so happy they did that

because three-quarters of the 3.9 million people in the u.s. who have hepatitis c are baby boomers. why? because back when i was a kid, we didn't have the test for hepatitis c. you couldn't tell you had it. jenna: and how do you get hepatitis c? >> from blood transfusions, drug use, from illicit sexual behavior, all kinds of ways. but we weren't testing blood back in the '70s and '80s for this. we didn't know what it was. same thing with people that might have been exposed from drug use or sex. we didn't test them, we didn't know how to do it. so a lot of baby boomers have this and don't know you have it because you can have it and not get sick. jenna: sometimes you hear there's another test you have to take at the doctor is not the most exciting news for someone, doc. what kind of test is it? >> we usually do it if you have elevated liver cell test. but it's a simple blood test. jenna: so inexpensive, not a big deal. >> exactly. and i'm glad doctors are being told to do this.

jenna: i did see this context, you said about 75% of those infected with hepatitis c are baby boomers, i just want to point out that it's about 4% of the total population compared to 1% of just every person, every age group that would be infected with hepatitis c. so it's not like this is a sudden outbreak amongst baby boomers and there's an alarmism, is it? >> great point you're making. i'm all about not having fear messages out there. it's still a small percentage, and once this test is positive, i can do genetic testing to see if you have active disease or not. you might have been exposed to it, it might have been cured. but here's another statistic for you. of all the liver transplants in the country, one-third are because of hepatitis c, so why not screen for this especially in this age group? jenna: so news we can all use today, it's something you should go and ask for it, now that this panel has come out, will it be enough that insurance will cover it and your doctor will be

receptive? >> that's why these panels are good. yes, they should cover it now. yes, insurance should cover it. yes, you should ask your doctor about it, and as i always say, your doctor should be knowing it in advance. 3.9 million people, a lot more have it than than. jenna: dr. siegel, thank you so much. jon: well, the superpower showdown continues as russia refuses the u.s. request that it hand over the fugitive edward snowden. a live report on the nsa leaker and what secrets he might leak next. hey, take a look at democracy in action. lawmakers in a full-fledged brawl pushing, wrestling, screaming, pulling hair. we have more video plus who was fighting and why. so... [ gasps ]

these are sandra's "homemade" yummy, scrumptious bars. hmm? i just wanted you to eat more fiber. chewy, oatie, gooeyness... and fraudulence. i'm in deep, babe. you certainly are. [ male announcer ] fiber one. >> reporter: hi, everybody, we're live in the "happening now" control room and brand new stories coming your way right now including the latest reaction to this morning's major decision handed down by the supreme court on the landmark voting rights act. the supreme court striking down a key part of that law. what does it mean? who stands to gain? we'll have the very latest. also, the fight over old phone calls in the george zimmerman murder trial. live pictures from inside the courtroom right now. the defense wants those calls thrown out, the prosecution wants them in. we'll have the latest on a decision from the judge straight

ahead. plus, could peace talks with the taliban be dead before they even begin? new violence in afghanistan and what it could mean from two guests who know the region very well. all of that and breaking news as the second hour of "happening now" starts right now. ♪ ♪ jon: brand new developments in the search for the most wanted leaker in the world. i'm jon scott. jenna: hi, everybody, welcome to the second hour of "happening now," i'm jenna lee. and russia's president now confirms that american fumingtive edward snowden -- fugitive edward snowden is still in the transit area of a moscow airport. putin says russia will not extradite him, but it's worth pointing out we don't have an extradition treaty with russia. secretary kerry says that's still not a good reason for russia not to work with us since the united states is working feverishly to get snowden back here to face federal charges for

disclosing secrets about the government's surveillance program. and now new concerns that snowden could be carrying even more classified documents, and he could soon share even more state secrets. we've heard it's coming, we'll see. catherine herridge is live in washington with more on this. what's the latest? >> reporter: thank you, jenna. secretary of state john kerry responding to russian claims that snowden is outside their jurisdiction. >> we simply call on them to, you know, they don't have to enforce the law, but they certainly can allow him to be subject to the laws of our land and our constitutioning which he is a -- constitution which he is a citizen of. and that's what we call on them to do. >> reporter: this morning the russians are making the extraordinary case that snowden is not in russia, but in a kind of international legal limbo at the airport because he's in the transit area and has not been processed formally by russian immigration and customs. also this morning russia's foreign minister insisting that the nsa leaker is operating

independently and not under moscow's influence. >> translator: we don't have any relation to mr. snowden, nor his relations regarding the american jurisdiction nor his movements across the world. he independently chose his route of which we found out through the means of mass media. he did not cross the russian border, and we consider absolutely unsupportive and inadmissible -- >> reporter: worth noting that the two countries who have benefited most from the leaking of this information have been china and russia, jenna. jenna: important for us to remember, catherine. what about these reports about more classified material and more reports to come? >> reporter: well, officials familiar with the audit of snowden's computer use tell fox news that he was in systems well beyond the nsa and that the evidence points to the likelihood that he was pulling documents even before his stint at booz allen hamilton. a former senior intelligence analyst says the amount is, quote, voluminous and the documents may include raw intelligence and this, in many ways, is more valuable than the

nsa collection documents. >> no one can know for sure, but it would be stunning for both china and russia to miss this opportunity to download everything that's on his computers, to copy of his documents and to get whatever they can of snowden's own personal knowledge. >> reporter: the founder of wikileaks, julian assange, told reporters in that conference call yesterday when asked about whether snowden had been interviewed by russian or chinese authorities that this was, in fact, not the case, but we don't really know what that status is, and the longer he's in russia, the view of former intelligence initials is that it's -- officials is that it's entirely likely he will stay there as long as it takes for the russians to get whatever documents he has with him copied. jenna: wow. basic question, too, with such a massive surveillance program why he wasn't flagged if he's been collecting information all this time. catherine, thank you. >> reporter: you're welcome. jenna: you know, it's been a very busy month for ed quader

snowden going -- snowden. on june 6th "the guardian" publishes his first story based on information allegedly obtained from snowden showing how the federal government is gathering information from verizon phone records. three days later snowden sits down for a taped interview. you've seen it quite a bit on our air. he says he leaked details to show what he considered to be government wrongdoing. he said he did it for the american public. last friday the justice department charges him wees by imagine the and -- with be espionage and theft of government property, and on the heels of that u.s. officials on saturday asked hong kong to extradite snowden. the very next day on sunday, hong kong howed him to believe -- allowed him to leave on a flight to russia. documents did not fully comply with the legal requirements under hong kong law. the united states, of course, disputes that, and that led to a flurry of angry words from the obama administration. but the big question is besides

the words, what else is being done? later in the show we're going to talk about the fallout and our relationship specifically with china. jon: well, revelations about america's top secret surveillance programs thanks to mr. snowden just one more issue adding to the strain between president obama and some of his core supporters on the left, many of whom already testy about the lack of progress on democratic legislative goals in mr. obama's second term. on the environment, gun control and immigration reform, to name a few. let's talk about it with joe trippi, former campaign manager for howard dean's presidential run and a fox news contributor. the polls recently have shown some softening of support for the president among young people, among independents and now according to "the wall street journal" even among his most hard core supporters. should he be worried, joe? >> well, i think he's got to be a little bit worried for his agenda. i mean, the problem here is he's not going to satisfy anybody on the left. i mean, jon, he's not going to

get more of these things passed by moving further to the left. he's got to move to the center and compromise with the republican house. and the left, i mean, people on the left understand that. there's a republican house, that john boehner and the republicans are holding up a lot of the president's agenda, at least that's how they -- he was getting the benefit of the doubt because of that. i think some of that's eroding. but in the end, he's not going to be able to move further left to make people happy. the only way he's going to get anything done is by finding compromise, and that's, as we all know, incredibly tough in the polarized environment in washington these days. jon: so why all the talk from the president right now about climate change, for instance? isn't that something that is only going to sort of anger, you know, conservatives in the house and john boehner? is he trying to gain support from his most avid supporters? >> well, i think what the president's been trying to do is through executive order and through administrative

processes, regulations and other things move where he wants to go on things like global climate change and other issues, gitmo, closing down gitmo which, again, the congress passed bills that made it very difficult to transfer anybody. i don't know how he's going to, but on the left people want to shut down gitmo. so again, he's sort of in this very tough place where he can't solidify or satisfy his base but, frankly, we don't have any, as a democrat, we don't have a lot of other places to go. and at the same time, he's got to somehow find capacity for compromise with the republican house, or you're not going to get anything done. and the republicans are just as frustrated, a lot of conservatives frustrated every time boehner and leadership on the republican side try to meet halfway. you see that with the gang of eight now in the senate on immigration. jon: is any of in the going to

change after the congressional midterms in 2014? >> i think that's the only way it can change, is if the country decides it either doesn't want divided government, in which the republicans would be losing the house somehow. i think that that's a tough road, but it still could be possible. or the republicans increase their, you know, win the senate in 2014. jon: but isn't it the case that the country elected arguably, reelected the most liberal president in maybe since, i don't know, fdr and also elected a conservative house to sort of ride herd over him? >> well, we've been, we've had divided government for a while. americans tend to like divided government. i'm not sure they're liking it much right now though, so it's going to be interesting as you go into 2014 how does that play out. what side of this equation do the american people respond to,

and in an off year that's usually a lower turnout. it should move toward, in the republican direction. but i'm not sure it's going to play out the way it always has. we'll see. it's way too early yet to know. jon: all right. joe trippi, always good to have you on. thanks, joe. jenna: and speaking of the president, we have a fox news alert now. some new reaction from the president today about the supreme court ruling that happened just about two hours ago. the president says he's deeply disappointed by the supreme court's ruling that struck down a key part of the landmark voting rights act. shannon bream is live from the supreme court with more on this and, shannon, walk us through, if you could, how exactly does the court's decision today impact the voting rights act? >> reporter: well, it is significant because, you know, the voting rights act was drafted back in the mid 1960s with the aim of remedying discrimination that was taking place against minority voters in several jurisdictions. there was a formula used to figure out which of these jurisdictions, and it covers

more than a dozen states -- some fully, some in part -- those districts have to get permission from the federal government before changing procedures. what happened today is the court has decided that formula is called section four of the act, it is struck down as unconstitutional, so it lifts those barriers. those covered jurisdictions no longer have to get the government's permission to make changes. here's what the chief justice john roberts wrote: >> r eporter: so now the ball is in congress' court, essentially, jenna. jenna: so what happens next? >> reporter: well, for now it appears based on this ruling this morning that those covered jurisdictions are free to make changes now without federal oversight. this is part of what had the president saying he was so

deeply disappointed in the supreme court's decision, and he's calling on congress to step in. the court did provide that as an option saying, congress, it's up to you now. the civil rights groups are very worried. they are reacting very negatively to today's ruling saying it's a bad thing for america. here's what the naacp's legal defense fund said in reacting this morning. they called this an act of extraordinary judicial overreach: >> r eporter: i also talked to edward bloom who was an attorney who gave counsel to the plaintiff in this case who sued to have it overturned. here's what he told me. >> we have african-americans and hispanics winning statewide elections in places like georgia and texas. it's really hard to buy in the notion that america and especially the deep south is hopelessly racist. voting elections disprove that. >> reporter: bottom line, the courts say a lot has changed

since that formulation was drawn up. it's time to change it, and it's up to congress. the president has vowed he will push congress to come up with a new formula. jenna: but as you pointed out earlier, shannon, it can take a lot to change election laws or rules in your locale, so our viewers should know there may not be an instant reaction or should they expect an instant reaction in certain states that have seen this ruling from the supreme court? >> reporter: there could be some short-term reaction and impacts because a lot of these jurisdictions have, you know, requests pending with the federal government. they have to go to the justice department, go through a federal court here in d.c. to say we want to change the times or locations, we want to require id. those kinds of things that they had to get approval from the federal government to do now it looks like in the wake of this opinion they're not going to have to wait for that permission, so it could happen quickly. jenna: very interesting. shannon, thank you. jon: there are some developments to share in the colorado movie massacre case as accused gunman james holmes goes back to court

today. why the judge is now considering postponing his murder trial. breaking details on that just ahead. and if you think our congress has problems, take a look at this. it's a big brawl, we'll tell you where it happened. also, the u.s. teams up with japan for military exercises underway right now. adam houseley live at camp pendleton, california. adam? >> reporter: that's right, jon. more than 1,000 japanese forces have come to u.s. marines like this. we'll have the live report coming up for you only on fox. hey kevin...still eating chalk for heartburn?

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jon: "happening now," the u.s. military teaming up with japan for major training exercises this week. operation dawn blitz involves air, sea and ground forces all aimed at beefing up japan's

amphibious attack capabilities. adam houseley live in camp pendleton, california. >> reporter: yeah, it shows how important this relationship has become with japan, they are one of our most important allies right now. they're here in force along with three other nations taking part and seven others watching as tensions continue to increase in the pacific. japanese forces storm beaches north of san diego at marine corps base camp pendleton for a massive three week joint military exercise called dawn blitz. >> we get to know each other, we get to understand how each other operates, we learn from each other. they learn some great amphibious skills from marines, and we learn an awful lot from them. >> reporter: there are three japanese war sheps here and own -- warships here and over 1,000 air, sea and ground forces teaming up to improve japan's amphibious capabilities. >> translator: for us it's very important to have a strong relationship with the united

states. there is a natural role for the ground self-defense force and the maritime self-defense force and the team in an amphibious capacity. >> reporter: forces from new zealand and canada are also here for training which includes amphibious beach assaults, air and sea op toes and i've fire training. >> we want to have an independent capability, and that's what we're leading up to. >> reporter: the u.s. military says they're shifting focus back to amphibious training now after spending the past decade focused on land warfare in iraq and afghanistan. >> we've been ashore for a long time doing what the nation needs us to do, but in reality this is an opportunity for us to get back the our roots. >> reporter: now, these maneuvers come at a very interesting time. of course, the snowden issue clouding the relations between china and the u.s. next week the u.s. trains with the philippines, and china continues its massive buildup as well. and this also, jon, could be a

precursor to moving the massive rim of the pacific exercise that takes place every two years off of hawaii, that might now actually come to the western shores of the united states next year, at least it's a possibility. of course, you have the marine corps base here, you have the massive naval base in san diego and a number of installations here on the west coast, jon? jon: some amazing changes since world war ii ended. adam houseley, thanks. >> reporter: absolutely. jenna: court action in the colorado movie massacre case today what the judge is looking at and how it could impact the james holmes murder trial. plus, the manhunt for edward snowden and china's role as adam was just talking about. why tensions between the united states and the communist nation may have reached a boiling point. the long-term effects this could have. we'll discuss, next. >> 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

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jenna: new fallout from the manhunt from edward snowden, this as the white house blasts the communist nation of china after snowden flew out of hong kong, a chinese territory, while the united states was trying to extradite him on espionage charges. >> the chinese have emphasized the importance of building mutual trust, steve, as you know, and we think that they have dealt that effort a serious setback. if we cannot count on them to honor their legal extradition obligations, then there is a problem, and that is a point we are making to them very directly. we see no reason or no justification for the failure to provisionally arrest mr. snowden

in hong kong by hong kong authorities in accordance with our negotiated agreements. i think it's fair to say that this is a setback in the effort by the chinese to help develop mutual trust. jenna: gordon chang worked in hong kong and china for almost two decades, he's also the author of "the coming collapse of china." so i was watching you laugh a little bit as you hear what jay carney has to say. how are those words translated? how do they reach hong kong and china? what do they really mean in that part of the world? >> i think in beijing they didn't think that the obama administration's going to follow up. you know, we've been talking about beijing letting snowden go to moscow. it was actually worse than that a. beijing made sure that he did because albert ho who's a leading legislator in hong kong and also a very important lawyer, he represented snowden, and albert ho has said publicly that intermediaries from beijing

came to him, albert ho, to tell snowden to get out of dodge. and so clearly, beijing was behind this. i think what's going on here is that beijing and washington were negotiating, and the chinese really tried to hold up washington so that snowden could then get an exit plan. when snowden figured out he couldn't get to iceland, he did the next best thing which was to go to moscow, and i think probably the chinese and russians have been working hand in hand on this. jenna: interesting. what do you think china has -- >> there was the four laptops -- jenna: and you have no doubt they have that intelligence? >> no doubt of it. he said on the 17th i have not talked to chinese officials. well, that's untrue. he did actually meet with chinese officials before that q&a chat on the guardian site, and they told him to go give an interview to the south china morning post which is a hong kong newspaper. and during that interview, snowden turned over documents

which were very detailed, technical information also including ip addresses. so this was very valuable information for the chinese. also we've got to remember that snowden timed his first leak just before the summit between president obama and xi jingping. that changed the conversation from hacking to nsa surveillance, and that helped beijing. jenna: well, certainly in the chinese press they have talked about the united states. look at the united states, they're hypocrites talking to us about their hacking, and look at what the united states is doing. what's the counterpunch? we talked about this with kt regarding russia last hour. if this is the reaction from beijing, what's our response? >> one of them right now is the chinese economy is especially fragile. this month they've gone through a terrible series of liquidity crises. this means that their economy right now is more dependent on us than usual, and i think president obama can pick up the phone and say, look, mr. xi jinping, if you want to continue to access the u.s. markets,

you're going to have to do certain things. and actually at this point i don't think that president obama's going to do that, but if he did it, the russians would take notice of that because they'd see that we have the will to deal with beijing. they know that we would come after moscow as well. jenna: do you think it would be that simple, just one phone call and that threat of economic action would produce a ripple effect to other countries that are aiming to disobey, if you will, the united states' request to have this man turned over? >> absolutely. because the narrative in beijing and moscow is that obama doesn't have the will. i actually think that he does, and if he does demonstrate he can do things, then those people are going to sit up and take notice, and then they're going to be afraid of what he can do to them. jenna: i think people believe it has to be some big effort or declaration, and you say that's not the case. >> no, that's not the case. all it really requires is for obama to do something. washington policymakers now and china watchers are saying it's inconceivable that we would

sanction the chinese. so they sort of think there's no cost for defying the u.s. once you impose that cost, then things change dramatically overnight. jenna: interesting. let me ask you about one other quick side note. you mentioned the economy which a lot of questions are being raised. it's affecting our stock market here about what's happening in the chinese economy, but we also have this immigration bill, and there's something tucked in the bill about basically allowing freer travel between hong kong and the united states. and some are wondering now with all of this, is that a smart idea? what do you think? >> that's the visa waiver program which is in the senate bill. i don't think we should punish hong kong, because hong kong made no decisions on this. people in hong kong don't make important decisions. they're all made in beijing. beijing told the hong kong government to let him go, and so i think we should be punishing beijing, not the people in hong kong who we have a pretty good relationship. and people in hong kong actually look to the u.s. for inspiration on democracy, freedom, human rights because they've got problems with beijing of their own. jenna: interesting.

so go to the source, as we say. >> go to the source. jenna: gordon, thank you. invaluable context for us. jon? jon: just in, jenna, a colorado judge rules on when accused movie theater shooter james holmes will go to trial. rick folbaum has more from our breaking news desk. >> reporter: just learning the trial will go on as scheduled beginning in february of next year. there was talk of a possible delay because more time was needed for doctors to complete a mental evaluation of james holmes. a hearing just wrapping up, this is file footage not from today's hearing. but the judge saying today it'll be a little crammed in terms of pretrial motions and rulings and the like but that he thinks he can get everything done in time to start the trial february 3, 2014. holmes has pleaded not guilty by reason of insanity in last july's massacre at a movie theater in aurora, colorado. twelve people were killed, more than 70 wounded. holmes again in the courtroom today, and our producers report that his hair was darker

compared to that reddish beard that we've seen. he was shackled and in red scrubs as usual. and he will continue to undergo more medical tests and evaluations between now and the start of his trial next february. back to you. jon: so eight months to wait. >> reporter: that's right. jon: rick folbaum, thanks. jenna: well, a deadly attack in afghanistan that some say could endanger u.s. peace talks with the taliban. of course, some are questioning whether we should be having those talks at all. we'll be talking about that with folks who have been spending time in afghanistan. plus, prosecutors in the george zimmerman murder trial want to use his own words against him. our legal panel takes up this issue, next. >> several of these calls specifically are relevant because just like the defendant in the call that's already been admitted and played through the witness references people perhaps escaping through the back entrance to the complex and getting away, and he specifically directs officers to go there.

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. jenna: the markets have had touchy sessions as of late. you can see today a little bit better news when it comes to the dow. not back up to the record levels but we are up 120 points. factors in the market today we had a consumer confidence report that showed that consumers are feeling pretty good about the economy, at least better than what the reading was expected. and also of force new home sales. that looked all right even

though that is a small segment of the market. all in all we're seeing the dow rally more than 100 points. jon: "happening now" in the george zimmerman trial, prosecutors want the jury to hear past phone calls the former neighborhood watch volunteer made to police. in those calls he complained about suspicious people he saw in the neighborhood, phone calls the state believes shows zimmerman's state of mind on the night trayvon martin was killed. zimmerman's lawyers strongly object. >> you're going to be asking this jury to make a quantum leap from good responsible citizen behavior to seethin anger. the only person who has testified in this courtroom so far about my client's depwaeufr, thbehavior, the seething nature of it or the nonseething nature

of it was mr. noffke. >> we have lis wiehl and drawing burns with us. we have heard the tapes played in court. it's important to note the jury hasn't heard them yet. state of mind what does it mean? >> state of mind was so important, what was zimmerman's state of mind. was itself defense? that's the whole issue there. was it stefl defense or something more untoward than that. all of these calls more than eight years, over 50 calls over eight years go to as a prosecutor i would argue his state of mind that night. jon: you think the tapes should be allowed in. >> i think so. i think most of them will. >> this is 404b evidence. and it was interesting because mr. mary katharine ha owe mayor a cited the federal rule. they say prior bad acts are separate. prior acts are generally not admissible to show that the

person's conduct was in conform a tee with those acts. however there is an exception for preparation, planning and knowledge. i would say that previous instances of him interacting with people are not relevant to this case. jon: and trayvon's shyed didn't the judge already rule that his previous evidence of marijuana use, that kind of thing is not applicable in this case? >> that is out. this is different. jon: why? >> because state of mind was not at issue with trayvon, it is with sometime r-r. >> zimmerman. >> i like jon's approach, what is good for the goose is good fear the gander. keep it con advertise and the. i agree with you. jon. >> i'm looking right at 404b, doesn't it show intent, preparation or knowledge? i think that's a long shot for th judge the judge to say no to. >> i listen to the calls and george zimmerman sounds very calm. he sounds, you know, pretty

reasonable, yeah he throws in an f-bomb but doesn't sound like a raving lunatic. >> that is a really good point which we didn't think of, even if they get things in they won't be as potent as the prosecutor wants it to be. you're supposed to give pretrial notice. i was surprised. and two of course the judge can turn around under rule 403 and say the probative value is outweighed by prejudice. >> i agree with you in the sense the defense can use this as well. if they are not that bad the defense can use them. jon: i lived in miami during the crack cocaine years, and, you know, i moved out of a gated community to a nice neighborhood, but we had a lot of crime, and i got really sick, i mean i was in my house one night when two punks tried to steal my car off my front lawn. i had guys breaking into my house while i was home. it was pretty scary. i got sick of it. >> i agree. but the point is here, when it comes down to his state of mind that night, it is relevant.

will it sway a jury? maybe not. and maybe doug is right that the defense can use it even more than the prosecution. is it relevant? yes. >> i'll come out it from a completely different tack. a lot of evidence scholars have said, lean in favor of putting everything in and let the jury decide. >> this judge is already not doing this. >> since they have curtailed the stuff about the victim. >> and the experts on the 911 call aren't coming in. this judge is really pulling back. >> i think the judge will split the baby, jon and let a couple in, not 50 of them. not from eight years ago but maybe from two months ago or six months abe. >> it shows an escalating sense of anger is what the prosecution wants too show. jon: it doesn't show that he's going to pull a gun and blow a guy away. >> it really doesn't show anything. i like your thinking, put it in and he was calm and reasonable and by the way that simply underscores that in this instance it was ratcheted up so violently that that's why he had to defense himself.

that is the argument. jon: all right, again it's a fascinating case. we'll continue to watch it. >> it really is. jon: thank you both. jenna: i don't know about lis and doug i want to hear more about jon the miami years. jon: the white suit and sunglasses. i've had some interesting experiences. jenna: we want to hear more. it sound like its own series. all right. thank you. a lot of americans examine about partisan bickering in congress, right? washington has nothing on this. lawmakers coming to blows where this brawl broke out. it wasn't tphao*eupl, an miami, and why. let's play: [ all ] who's new in the fridge! i help support bones... [ ding! ] ...the immune system... [ ding! ] ...heart health... [ ding! ] ...and muscles. [ ding! ] that can only be ensure complete! [ female announcer ] the four-in-one nutrition of ensure complete. a simple choice to help u eat right. [ major nutrition ] nutrition in charge.

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jenna: welcome back. new doubts today about the possibility of peace talks for the taliban after the group claimed responsibility for a brazen early morning attack on key buildings near the presidential palace in our annex in kabul one of the most fortified areas in the afghan capitol. they bluffed their way past checkpoints before opening fire killing several guards. the ministry of defense in afghanistan says the assault was intended for our cia offices. this all happening a day after washington sends a special envoy to afghanistan to gain momentum between negotiatio negotiations between the local government and the taliban. daniel green served in

afghanistan, he's a fellow at the institute for near east possible. and we have the senior correspondent and associate editor of "the washington post" and spent a great deal of time in afghanistan. both of our guests have written books about their experiences and it's nice to have you both with us today. raj, let me start with you. you can even see it in the way we introduced the segment. one of the things you say hi it's often misleading is referring to the taliban like they are one big group. why is that important here? >> well, because the taliban is comprised of a number of factions. you've got some who may want to pursue a peace deal with the afghan government and the united states and other hard line elements who have no desire to seek peace who want to continue fighting until they hope to seize control of of the entire country. as the united states moves forward with trying to engage with some moderate members of the taliban we shouldn't be under any delusion even if we get to some sort of deal and that is a long, long ways away,

i think the chances are very slim we'll even get to that, that any sort of deal like that would end the fighting. it might lead to a lowering of violence in some parts of the country but it won't be a pan a see a to end the war. >> even the ambassador after this attack happened in afghanistan, this is the response from the ambassador, we again call on the taliban, not specific on the taliban to come to the table to talk to the afghanistan government about peace and reconciliation. should that be our response after an attack that suppose eld lee was aimed at one of our facilities? >> i think like anything, one of the great questions is how to insurgencies end? what are the rules of thumb in this? at the end there is sort of eventually a negotiation and some sort of diplomatic agreement. think it's useful to have negotiations. it's a question of how you go about it. i think a lot of ways, the way we've been going through it thus far has elevated the taliban beyond their political strength and military influence.

i think president karzai made the observation when the taliban are opening offices in qutar where they have a flag and a po box now it elevates them beyond really their strength in the conflict we are involved in. we have to be careful we don't undermine the afghan government in this as to the long term. jenna: speaking of the afghan government let's show the map again, raj. i'd like your thoughts on this. i don't want to over step here. you see the cia offices on the screen there. according to officials in the afghan government the c irk a office is the annex of the efpl bassey. we know that term because we think of benghazi. these guys very close. they are trying to kill us, still and yet we're still trying to engage them. i don't even know what the question is there. it's all of this happening at the same time seems just preposterous. >> well, look, i think the taliban are adopting the same strategy we and the afghan

government are which is to fight and potentially talk. neither side is looking to sort of put down their weapons any time soon. and so what you have here is the taliban trying to assert, or at least some factions of the taliban trying to assert that they can still stage potent, spectacular attacks in the afghan capitol. one that capture a lot of attention and freak out afghans and concern western diplomats. this potentially is a negotiating ploy. this is a sign by some taliban elements that they don't want peace. its hard to know really what the big picture strategy is here. we have to remember even as we start to talk about peace it doesn't mean that either side will put down their guns any time soon. jenna: you're right on that point, we are still very much at war but the afghans know we are leaving. there is an end date when we are supposed to put down in theory our arms in afghanistan. i want to get your thoughts after a quick sound byte that we have, you know, we had a great guest on our program yesterday a

young woman who is speaking out against the taliban having any sort of peace negotiations with the united states. listen to what she had to say. >> particularly with the u.s. administration it's very confusing. i really can't suggest it as an afghan woman, as an afghan citizen. we don't understand how this government is willing to negotiate with a terrorist group by of bypassing our elected government. jenna: daniel how are our peace negotiatings going to help someone like her? >> to be very frank, i mean i'm not necessarily opposed to speaking with the taliban but we have to be very realistic about what we're able to achieve and really what is the interest of the taliban even engaging in conversations like there. there is an expression attributed to the taliban. you in 4 the west have the watch but we have the time. thertheir perspective on this con tphraoeubgt is long term and long range. the immediate openess to negotiations in many ways is just trying to gets much as they can from the u.s. pressuring the

karzai government to get any concessions they can, because in the long term the next stage is conflict, the next chapter will be the taliban versus a karzai administration afghan government with western backers with much diminished sort of footprint in the country. we volleyball very carefu have to be very careful about what we can achieve in these conversations. the taliban has the incentive to emphasize a moderate public image while waiting for the next chapter to reveal what they have been, which is an islamic movement. jenna: great to have you both. thank you so much. jon: a brand-new show created by actress eva lon long longoria. while some say devious maids stereotypes latin women. that's coming up in fox 411. [ male announcer ] this is kevin.

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jon: a new cable show called "devious maids" follows the wives of five latina housekeepers who work in pwefpls. it is coming under fire from critics to say the drama is demeaning to hispanic. julie banderas has your fox 411. >> five leading ladies all latina making this the very first for an english language tv show loosley based on a telanov ela, it it is created by long eva longoria. the women all play the role of maids. >> do you have any questions for me mrs. stafford? you don' >> you don't have an accent. >> should i? >> i've never met a made who didn't have an accent. >> i was born here in l.a.

>> you sound like you went to college. >> thank you. >> they actually look like jenna. jenna are you in the show? >> i don't talk like that just for the record. thank you. >> the star of the series anna ortiz, best known for her role as hilda juarez on the drama "ugly betty" disagrees with critics who argue a show about five latina maids is the last thing tv needs right now. she tells the story about what it's like to be a latino u.s. made isn't something personal, it's something close to her heart. her grandmother was a housekeeper. >> she put my father through college, through columbia law school. these are women who have rich, full, incredible lives. i don't -- i reject the premise that a woman, because she is a made she doesn't deserve to have her story told. we feel a responsibility to it.

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podium in a controversial tax vote. we can see it broadcast on live television. there is an alternative to dc, i guess. >> good for them. all right. thanks for watching. >> is that it. are you sure? >> good bye. america live starts right now. >> fox news alert on a land mark ruling in the supreme court today. they strike down a key portion of america's most significant voting laws. welcome to america live. i am megyn kelly. this is big. this case sparked protest this year. it centers around a provision that nine states in the mainly the south needed permission from the federal government before they change the voting laws. opponents say that rule was outdated and arguing they were