ratnor, and rick grenell. keep it right here on fox news channel. >> gregg: fox news alert on an explosive situation in egypt, state department is warning americans to stay away if they can following the death of an american college student, 21-year-old was killed while reportedly taking photographs of street battles. this on the massive set of protests that are planned knew for tomorrow. we're going to have a lot more on the chaos in egypt, but later in the newscast. >> heather: to another fox news alert. new details on a big vote on capitol hill involving a key figure at the center of the irs targeting scandal.

lawmakers pass as resolution and lois lerner took the fifth amendment refusing to testify before congress. but this new resolution finds that lerner forfeited her right to remain silent. i'm heather childers. >> gregg: good afternoon to you. welcome, i'm gregg jarrett. republican congressman darrell issa is chairman of the house oversight committee that lo her her may now be called back to testify yet again. >> she stated that she had not done anything wrong, not broken any laws. not violated any irs rules or regulations and not provided false information to this or any other congressional committee regarding areas about which committee members would have liked to ask her questions. indeed, committee members are still interested in

hearing from her. >> gregg: molly henneberg is live in washington with the very latest. >> molly: hi, gregg. there is no official request to appear yet. her lawyer says she was entitled to say what she said. in a statement, a party line vote does not affect anyone's constitutionality right and this one doesn't affect hers. her rights are no different now than when she asserted them. she did not give up her right to refuse to testify by stating her innocence. during her appearance on may 22 she spoke for 2 minutes and 40 seconds and invoked fifth amendment rights against self-i am cripple nation. that infuriated republicans who spoke yesterday after the vote. >> lois lerner is in fact a poster child for thumbing her nose at federal

bureaucrats and thumbing her nose at congress. >> i have identified nine separate specific assertions made by lo her her on may 22nd. that was -- lois lerner. that was after the right she asserted privilege. >> they want to question her but what did exactly what the constitution allows her to. >> the law says the fact she made any statement at all constitutes a waiver of her constitutional rights, not just self-incripple nate. i beg to differ. i think that is constitutional right to thumb your nose. >> if she is called back she could provide answers or plead the fifth again. if she pleads the fifth again, then the committee could hold her in contempt

and set in motion a separate phase of legal wrangling. >> gregg: molly, thanks very much. >> heather: weeks into the scandal and most americans are still not getting all the facts. so why hasn't attorney general eric holder appointed a special prosecutor to investigate? john a columnist for national review magazine, thank you for joining us. with seven weeks out from the agency's first disclosure that it had singled out in fact tea party groups seeking tax exempt status. congress, multiple hearings, irs said they equivalent 64 million pages of documents. g.o.p. says this is far from over and early last week we learned that the agency targeted left leaning groups, too. does a special prosecutor need to be appointed to get

to the bottom of this? >> i don't think last week's entry of progressive groups last week changed that much. it turned out something like 30% of progressive groups had some kind of scrutiny whether they were too political for tax exempt status. but 292 groups, 100 percent was targeted as too political originally. they think there is proportion problems here. as for why there is no special prosecutor, heather, i think the circumstantial evidence is frankly the justice department and most of the people in the obama administration aren't interested in getting to the bottom of this. >> heather: and that being said, march of 2010 according to the inspector general's reported is when irs agents begin the targeting the conservative groups. that is when then irs commissioner douglas shulman he claims he became

aware of the targeting in early spring of 2012. he claims at no point did he speak to the white house about it. do you believe him and what does the white house have to lose in all this? >> if it turns out that there were people in the white house who were involved in figuring out who should be given special treatment, that would be very embarrassing. that would be open politization of the irs along the lines of richard nixon. there is another reason why i don't think this is going to see a special prosecutor. eric holder has a history here. during the clinton administration, second term of clinton administration, his job was deputy attorney general, number two job at justice department. janet reno was ill during the time so the decision-making was transferred to holder. during the first term, janet reno appointed special prosecutor after

special prosecutor. during the second term there were no special prosecutors appointed. one of the scandals that came up, 1998 bill clinton said he was outraged that the irs had been used for politicizing the taxpayer identification program. he was outraged that people had been audited because they were conservative. he was outraged that political appointments were audited, eric holder and janet reno did nothing. so what different outcome would we get now? >> heather: we have this, a little reading last week. this is the irs's investigation of itself. so is this enough? >> washington i think has a few things we've been taught over the years. it can't investigate itself. you have to have outsiders. the old special prosecutor law has approximate.

that is why it was allowed to lapse but in the valerie plame case. a special prosecutor was appointed didn't have to special budget and but something that operated outside the structure and that was patrick fitzgerald. ultimately we came to the bottom of it we found out who did the leaking and someone at the state department and perjury and scooter libby. same thing should be done here. not a special prosecutor but outside prosecutor that is not part of eric holder line of command. >> heather: lois lerner, she should she be forced to testify? >> 2 minutes and 40 seconds is far too long to assert fifth amendment rights. she probably is going to come back and explain herself.

>> heather: thank you john fund for joining us this weekend. >> gregg: the n.f.l. is punting on promoting president obama's healthcare law. health and human officials say they were talking to the n.f.l., n.b.a. and others about possible advertising campaigns to help promote the president's law, but, this morning the n.f.l. said, stuff it. we're going to sit on the sidelines, not going to do it. here is more from washington. health and human services secretary says it's obvious to targeted young man to sign up for coverage. to make to the plea and n.f.l. and other major sports franchises about helping improve the public awareness of the affordable care act. secretary has one problem, asking republican leaders and publicly warn the n.f.l. not to partner with the administration.

turns out the group isn't willing to play ball any way. we currently have no plans to engage in this area and have no substantive contact with the administration. in a weekly address, pat roberts took the opportunity to note the fast approaching deadline and attempt to promote a government takeover. >> the young people find it so costly and objectionable the administration is drafting the n.b.a. and n.f.l. to pitch obamacare. good grief, now, folks, it wasn't supposed to be that way. it was forced through congress. we had a rare opportunity to create real change. >> federal officials say folks have to invest in coverage before open enrollment ends march 31 of next year or stuck with $95 fine or 1% of their income.

>> elizabeth prann, thanks. >> heather: now to a fox extreme weather alert. a blazing heat wave hitting the southwest putting millions of lives in danger and prompting health warnings. take a look at these temperatures. the hottest place on the planet, hotter than usual today. predicting a high of 128 degrees, gregg -- that is in death valley, california. >> gregg: that is not hot. >> heather: dominic is joining us live from santa monica, these are dangerous temperatures. >> they most certainly are. officials are warning that this could be historic heat wave and need to take a lot of measures. very interestingly, state of nevada put out a nine

point action plan for people who really want to avoid the worst of the heat. during the hottest hours and drink plenty of water but you need to check on your friends and families and neighbors and make sure that everybody is going to be okay from now through tuesday. call them twice day and make sure that people have plenty of supplies and look out for youngest members of the family and anybody that is sick or old. first thing to look out for is fatigue. >> if you are feeling tired, if you are not feeling like yourself, if you are thinking gets a little fuzzy, that could be a sign of heat exhaustion. excess sweating is one sign but heat exhaustion without sweating. if you feel exhausted and fatigued, get out of heat as soon as possible. >> reporter: and here on

santa monica beach, a lifeguard was saying heat exhaustion for the past couple of weeks. right now we can see fog on the ocean but a lot of people are trying to keep cool. it's chilly waters but in the low 60s at the moment. but with the sea fog there is a breeze, as well. that moisture that you are getting is sitting here on the beach and relaxing. it feels a lot cooler. right now it's 72 oh the shore edge but inland parts, 88 degrees. downtown slang going hit 90 and phoenix, we're looking at temperatures about 109. las vegas, 106. that is expected to be near time record in las vegas of 122. >> heather: try to stay cool out there. gregg was talking about what you referenced that in the beach.

>> we used to call it june gloom, marine layer gets sucked in by the warmer air. you don't get heat pros trace from that but you get a sunburn. the emergency rooms have lots of folks there with sunburn. >> heather: be careful. >> gregg: in the meantime, we've been following the hernandez case, a third suspect now in custody in connection to the murder investigation involving the former n.f.l. star aaron hernandez. ernest wallace wanted as an category after the killing. he turned himself in. -- wanted as an accessory ri. odin lloyd was found dead close to hernandez's home. >> 44-year-old ernest wallace will be charged with accessory after the fact and investigators believed he participated

with the crime knowing that a murder had occurred. he turned himself in in miramar, florida. he had seen him on tv with arrest warrant. he invoked his right to an attorney and hasn't spoken about the murder of odin lloyd. a semi pro football player and former n.f.l. star h aaron hernandez is accused of killing. he is awaiting in brother ward county jail. they say he orchestrated his killing. hernandez is awaiting trial behind bars and he has been denied bail twice. they believe they have all three men in the morning of his murder included a ka carlos ortiz that was also charged. lloyd was shot in the side, chest and back around

3:30 a.m. on june 17th. his body discovered half a mile from hernandez's home. boston police were back at the home on friday and trying to determine if he was involved in an unsolved double murder from last july. investigators now believe that odin lloyd may have had information about hernandez's alleged role in that case. lloyd's funeral was held today. hundreds of relatives and friends gathered at the church in the neighborhood to pay their respects. >> gregg: all right. laura ingle, thanks very much. >> an extensive digital trail. >> even the judge said, this is an incredibly strong circumstantial case. the surveillance video has him all but pulling the trigger on the videotape. >> from his house to the murder casino. >> and text messages and bubble gum connected to the murder scene. >> heather: still to come, a presidential visit with

symbolism and emotion. president obama meeting with the family of mandela. >> gregg: and non-believers having a moment in their sun as theness's first monument to atheism goes up. >> heather: and dramatic testimony in the first week. highly charged george zimmerman trial, but does it help the prosecution or the defense? our legal panel weighs in. >> going down like that, that is when i turned and and went back inside. >> that is when you knew it was serious? >> yes. >> that is where you could hear george screaming for help? >> correct. >> when was it? >> that was in the beginning when i finally saw someone. alec, for this mission i upgraded your smart phone. ♪ right. but the most important feature of all is...

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>> repor behind me is what all the commotion is about, 1500 piece of granite put up by the american atheists that has quotations from ben franklin and thomas jefferson. you can see its few feet away from a monument commemorating the ten commandments at the courthouse. it's the result of a lawsuit and head of the atheist organization says this bench is only the beginning. >> we'll be doing it more often all over the country because so many places put the ten commandments up in free speech zones and those zones don't feature other opinions at all. >> here in florida, local residents there is a lot of anger about this bench. >> christians are praying as we speak today right now. there are people praying.

eternity is too long to be wrong. >> reporter: it seems to be part of a new strategy by the american atheist organization trying to take monuments to the take ten commandments out of public territory. they want to get their own monday uiph out. >> heather: thank you. >> gregg: we are in meantime, monitoring an explosive situation out of egypt anti-government protestors are gearing up for a massive demonstration tomorrow. it's going to mark one year since mohammed morsi took office. just how the united states is preparing coming up. >> heather: plus, recapping the first week of the george zimmerman murder trial. our legal panel weighs in whose testimony made the biggest impact and what impression the jury may have walked away with. >> you don't know that trayvon got hit.

you don't know that trayvon at that moment took his fist and drive it into george zimmerman's face, do you? >> no, sir.

>>. >> heather: president obama mega meeting with the family of nelson mandela. he has been hospitalized for weeks. president obama spending half an hour with two of mandela's daughters and several of his grandchildren. ed henry joins us live from south africa, ed? >> reporter: good to see you. you mentioned that the president had a chance to visit with some of the family members of nelson mandela who has been on life support in recent days. in addition, president gave a toast at state dinner in south africa saying all eyes in america as well as south africa are with

someone who has been a personal hero to president obama. bottom line is the president and first lady also placed a phone call today to the wife of nelson mandela who has been at his bedside in the hospital here. in a joint news conference earlier today with both president obama and i asked them questions and i asked president zuma whether he had update on status. he believes nelson mandela is getting a little bit better. >> he is wishing mandela well, a speedy recovery and doctors attending him, we place our hopes as well they will do better. we hope very soon he'll be out. >> reporter: bottom line president obama is trying to use the legacy of nelson

mandela saying his week long trip is a chance to highlight a rising africa where there is a fast growing economies, things turning around but the president acknowledging at the news conference if you look a few thousand miles away on the other side of africa, massive violence as we see major protests in egypt against mohammed morsi of the muslim brotherhood. they are planning a major demonstration against his rule tomorrow and president acknowledged as he here is here in south africa, he is keeping a close eye on what is happening in egypt. >> our most immediate concern with respect to protests this weekend had to do with our embassies in conflict. we have been direct contact with the egyptian government and done a whole range of planning we're doing everything we can to keep our embassies an consulates protected and diplomats and personnel

there safe. >> reporter: interesting the president would highlight that fact because it was in benghazi libya also in africa that they faced so much criticism for not moving quickly enough to protect diplomats. ambassador stevens that was tragically killed after those attacks last september. he made very clear, his top priority egypt is making sure the embassies and consulates but the u.s. diplomatic personnel are protected. >> heather: thank you very much. ed henry reporting live. >> gregg: first week of the george zimmerman murder trial wrapping up yesterday was dominated by the powerful testimony of two prosecution witnesses, a female friend of trayvon martin's who was on the telephone, a cellphone conversation moments before he was killed. then there was a neighbor

who saw the two men fighting and testified it was martin who was attacking zimmerman. take a listen. >> person you now know to be trayvon martin was on top? >> corrected. >> he was the one that was raining blows on the person down on the bottom, zimmerman? >> that is what it looked like. >> gregg: joining me is kesha and tad. prosecutors had to call john good, witnessed to the stand, if they don't under florida law the defense would be allowed to tell jurors in closing arguments that prosecutors were trying to hide a key witness and therefore, ladies and gentlemen of the jury, those prosecutors were trying to hide the truth. prosecutors had to call it this way? >> absolutely. the thing here with mr. goode he didn't say anything to help the

prosecution, but if they came backdoor and said, hey, they hid this from you. that would have been catastrophic. prosecution has a bad first week. >> gregg: we knew about this guy john goode. i found him in my notes in march or april. how can they bring a second-degree murder case with people like john goode but the prosecutor tried to make some lemonade out of lemons by saying he never saw trayvon martin slamming zimmerman's head into the concrete. goode responds by saying, well, i couldn't see everything but i could see downward movements. that didn't really help prosecutors, did it? >> i don't think so. i believe the prosecution's case is not as good as they probably want it. the reason why the

prosecutor tried to bring out the fact the didn't see trayvon bashing his head in the ground. there was not enough force that to justify the force used against martin. >> tim smith first responded to the scene. we'll show him on the witness stand. he told the jury, look, the backside of zimmerman was covered in grass and wetter than the front side which would corroborated, yeah, the defendant was the guy on the bottom beat up. then the photo of zimmerman with a bloody nose. we haven't seen this one much before. witness said, yeah, he had a broken nose, plus, the backside of his head. two gashes, one inch long each. blood streaming down the back of the head.

tad, that corroborates the defendant's story, right? >> without a doubt. that is why things have to change because if the prosecution wants to win this case, they have to start making it, kid did not need to die. where zimmerman went wrong, when he put that gun on when he left his house, who was winning this fight and who was the aggressor, that is never going to get him there. they have to change the baseline. they have to make it he was wrong from the beginning and kid didn't have to die. the facts are never going to help the prosecution of the altercation. >> gregg: the girlfriend took the stand. rachel throughout the case here is what she said martin called zimmerman. take a listen. >> i asked him, he did tell

me the man -- >> you said the man looked creepy? >> right. >> what did he say? they are having trouble hearing you, take your time. >> gregg: you heard it. creepy, blank cracker. look, tad, does that suggest that maybe it was martin, not zimmerman who was motivated by race? >> you know what, if he was our age. he doesn't know what cracker means. he is 17. he knows that is a word to say for a white person or a non-black person, he doesn't know what that means. >> gregg: down side, they had to call her to the witness stand and prosecutors did. she admitted she lied not once but twice. that may diminish her credibility. i want to play a clip here

of this opening statement. here the first few words by the prosecutor. remember it's an all female jury. >> good morning [ bleep ] the [ bleep ], they always get away. those were the words in a grown man's mouth as he followed into the dark a 17-year-old boy who he didn't know and excuse my language but those were his words and not mine [ bleep ] these punks, they always get away. >> gregg: he doesn't know these jurors and all women. is that pretty risky? >> it is risky but as a trial attorney it's being real. sometimes they don't want to use profanity but you have to let the jurors know exactly what was said and what happened.

sometimes it works in the defendant's favor. >> gregg: it was dripping with melodrama, best stage version of john barrymore. he can't possibly deliver on what he is saying. to be outdone with a poor opening statement, you got don west who tells an offensive knock-knock joke. i mean, i have to tell you in three decades of trying cases or covering cases, that is the worst opening statement i've ever seen? >> ever, you are hundred percent right. the fact they have a defense team and best lawyers in florida and they didn't run it by each other, that is ridiculous. we shouldn't go that way. oh, it was just like you said, worst ever. >> gregg: i think if i from there, don west, go sit in the back of the courtroom.

don't help me. >> you know what, credibility of not only the witnesses and attorneys means everything. you don't want the jurors to think you don't know what you are doing or being rude. you want them to like you and respect you. >> gregg: didn't happen. good to see you both as we continue to cover this. just a reminder, monday and tuesday, greta van susteren will be in a the courtroom of the zimmerman murder trial reporting live. that is monday and tuesday only on the fox news channel. >> heather: you think trayvon martin doesn't know what that means? >> gregg: i don't know what trayvon martin knew or thought, hard to know. >> heather: mortgage rates on the rise. what the rising rates could do to the volatile housing market.

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♪ ♪ >> heather: this week mortgage rates making the biggest one-week jump in 26 years. a 30-year mortgaged 4.46% according to mortgage giant freddie mac. that is the highest in almost two years. mickey cargile joins us now to let us know why, why the rise? >> well, the main reason for the rise is simply that the fear that the fed is going to stop buying so many bonds. they have been buying $85 billion worth of bonds every month and that has depressed interest rates. actually they are down quite lower than they should be. >> heather: so the historic rates in the past are those over? >> the lowest rates ever we're seeing happened about two months ago. those are gone.

we'll never see those again. the rates at 4.5% mark are very low and should have no impact on the housing market. half percent rise in the 30-year mortgage keeps from you buying a home, you are buying a home you couldn't afford anyway. you should buy a house you can afford and have some room in there if interest rates change it doesn't make you upside-down. >> half percent rise because they were 4% last week. then the average since 1971 has been 8.6%. so we're still below that? >> far below that, even the average for the last five years, is around 5.35%. we have historically low rates. it's a great time if you haven't refinanced yet, go ahead and do so. if you have be a an adjustable rate mortgage, lock the rate in. you'll be fine. these are great rates. housing is very affordable.

some shouldn't impact your decision to buy a home. >> heather: what about in the long term? do you expect them to continue to rise and if it does happen and people decide to enter the market and buy homes so there are more homes on the market for sale, do you think it will spur another housing bubble? >> we're not at that place in the market cycle. i do want the fed to get out of the market. i wanted them to stop buying bonds completely. thing we don't recognize by lowering the interest rates we're making subsidize the people that have mortgages and buying homes. about one-third of homeowners have mortgages. so we're not helping that much of the population. it's a hidden tax on the favors that need to get a fair return on their money. if you take government out of the equation, mortgage rates should be 5-5.5%. we need to get them out and let the economy find the

true price and let free markets work. >> heather: thank you so much for joining us. >> gregg: keeping a close eye on egypt bracing for massive demonstrations in cairo. threatening to be the largest since the overthrow of hosni mubarak. what does it mean for peace in the region? ♪

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♪ ♪ >> gregg: largest arab country in the world is bracing for what may be the largest protest since the revolution overthrowing the government two years ago. opponents and supporters of the government already are clashing as you can see in

the street. executive director of the foundation for defense of democracy. thanks for being with us, mark. since the muslim brotherhood took the helm, conditions have cratered. unemployment has ballooned, 18% to 13%. g.d.p. flat lined and currency values have wilted. you have rolling blackouts and long lines at the gasoline station. economy utterly mismanaged. is this the typical story political group seizes power, but they have no clue how to govern? >> that is right. in the muslim brotherhood, islamist government have seized power in egypt and another example of failure of islamist countries to rule. to hamas in gaza and the reason they can't rule they don't understand the fundamentals of economy. they don't separate the

mosques from the state. they don't have respect for minority rights or women's rights and they can't build the legitimate institutions of the state. >> gregg: they claim they have 15 million signatures called on morsi to quit. is he finished? can he claim to power or what do you think can happen? >> i think he is going to claim to power. he still has another three years in his mandate. in an alliance with the egyptian military. as long as they want to keep him, he will stay in power. we could have the potential for civil war. if morsi was smarted he would step down and revise the constitution and create a much more accountable egyptian government. >> gregg: the military is really an unknown. they sided with the

demonstrators against hosni mubarak in 2011. i admit that he has tried to put muslim brotherhood in top positions but are they going to side once again with the people or will they hang with morsi and the government? >> they are going to protect their own interests. military is part of the problem in egypt. it's not part of the solution. egyptian military that is corrupt. it has the fingers in the economic pie and they will go whichever way the wind blows. what the don't do is represented anti-islamists that want a democratic government. until the military gets out of the way and starts acting acting a professional military i don't see much promise. >> gregg: christian factions are now mobilizing as part of the protests. what about non-muslim groups, the christian

groups especially that have been repressed and punished by the muslim brotherhood. could they now play a role in shaping egypt's future? >> they certainly can play a role. the koptic christians have been a target of islamists. you've seen churches burned and koppic christians killed. they are a huge minority. they are adept business people. they could be a future of much more pluralistic and prosperous egypt but the only problem is we need goat the islamists out of the way and military out of way so the secular democrats of egypt can build a prosperous country. >> gregg: the only ones that understand economics and maybe the muslim brotherhood is going to have turn for them for help. mark, good to see you. >> that is going to do it for us.

cavuto is coming up next. >> heather: make sure you join us tomorrow. we'll be here at 4:00 p.m. eastern. >> gregg: i'll be back in a couple of hours at 6:00 p.m. eastern. we'll see you then, bye-bye. ntract, ease? thank you. that's three new paper shredders. [ boris ] put 'em on my spark card. [ garth ] boris' small business earns 2% cash back on every pchase every day. great businesses deserve unlimited rewards. read back the chicken's testimony, please. "buk, buk, bukka!" [ male announcer ] get the spark business card from capital one and earn unlimited rewards. choose 2% cash back or double miles on every purchase every day. told you i'd get half. what's in your walle i don't know. how did you get here? told you i'd get half. [ speaking in russian ] look, look, look... you probably want to get away as much as we do. with priceline express deals, you can get a fabulous hotel without bidding. think of the rubles you'll save. with one touch, fun in the sun.

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>> neil: okay, how many times have i said it. we're not red or blue here, we're green. your green and who is spending and who is wasting us. that is us. so imagine myself when i discovered the irs is copying us in reverse. what we are practicing what we are preaching the taxman is preaching but he is not practicing. that is not there. that is not balanced and i'm not a lawyer but i think that is illegal. welcome everybody, i'm neil cavuto. and imitation may be the sincerest form of flattery but unless irs open up bake shops of my name they are selling them in cheap ways.