happened. i hate to think that because of this incident, because of my actions, it's polarized and divided america. and i'm truly sorry. >> and greta is next. thank you for being with us. we'll see you tomorrow. tonight, self-defense or murder? did today's testimony get us any closer to the answer? >> the fact alone that there isn't an injury doesn't necessarily mean that the person did not have the reasonable apprehension of fear. >> um-hum. >> he tells officer serino, you have justifiable use of force or homicide, he indicates that, and he also in that police -- the written statement he made to the police, he uses such phrases as i unholstered my firearm, not i pulled my gun. >> mr. zimmerman had a problem with his credit? >> yes, sir. >> and that would be a reason why you wouldn't be accepted as a police officer? >> that's the reason why we did

not consider him further. >> this as well was consistent with residue from physical effect of a contact shot. >> so evidencing that the end of the gun was next to the material when it was fired? >> yes, sir. >> w looking for is anything foreign to that person. and in this case, because the dna profile matched trayvon martin, that means there was no dna foreign to him on that sample. >> from the fingernail scrapings of trayvon martin, did not find any of george zimmerman's dna there, correct? >> no, nothing foreign. >> the fact that there were injuries have a tendency to show or support that person had a reasonable apprehension of fear, but the fact that there wasn't an injury at all doesn't necessarily mean that there was no reasonable apprehension of fear. >> you don't have to wait until you are almost dead before you can defend yourself? >> no. i would advise you probably don't do that.

>> welcome to "on the record." i'm in for greta van susteren. the csi effect, from the gun to dna, jurors hearing the forensic evidence in the zimmerman case today. holly bristow joins us live with the latest. what did we learn today? >> well, six different witnesses took the stand. i'll take you through them one by one real quick. first, a person from a local community college that testified that george zimmerman had testified criminal litigation. up next, a cop from virginia, saying that zimmerman applied for a job back in 2009 and got denied. up next, a community college professor who is now a j.a.g. military attorney, he testified in court today that in his class, he taught george zimmerman and his classmates about the stand your ground law and about the cassel doctrine and laws of self-defense. after that, another professor, so many technological issues,

you couldn't really tell what was going on there. what i got out of him was that george zimmerman had told him his career goal was to become an attorney and even some day become a prosecutor. interesting role there. and two fdle folks there, crime lab people, in the courtroom. the first one up, a gun expert that testified that the muzzle of george zimmerman's gun, pressing against the fabric when he pulled the trigger and killed trayvon martin. up next, another fdle expert, he was actually a dna expert, he said that there were absolutely no fingerprints from trayvon martin on the handle of george zimmerman's gun and said that there wasn't any dna from george zimmerman on the cuffs of trayvon martin's hoody. what does all this mean? that's going to be a good question at the end of the day. once the defense got a hold of the fd lesson witnesses, particularly the ones with dna, they brought up the fact that

the evidence was improperly bagged, the sweatshirt trayvon martin was wearing that night, smelled just awful, like mold and pneumonia, and when they looked at it, they discovered instead of being dried out instead of placed in a bag so it could be dried out. they placed it in a plastic bag, which began collecting mold and it compromised the dna on it started breaking down. >> have you been in the courtroom every day since the trial started. what do you think was the biggest takeaway today? if you had to predict what the headline would be tomorrow on the newspapers, what would it be? i would say the headline would be what are the jurors thinking? a lot of them are probably pretty confused the at this point. the second the state brings about evidence like the dna stuff, what they were and weren't finding on trayvon martin's and george zimmerman's

attorneys, the defense come across and negate everything that the state just did. the state was hoping to rest their case today, we were expecting to hear from the medical examiner, we haven't heard from yet, the one that did trayvon martin's autopsy and expecting to hear from sabrina fullone, trayvon mart you know's mother this afternoon. they haven't gotten that far. we'll hear from them on friday. >> thank you so much, holly brist bristow. the evidence left behind on trayvon martin's sweatshirt. >> the hooded sweatshirt, on the outside and the lighter sweatshirt on the inside? >> correct. >> what did you find distance wise when you conducted the test with this particular sweatshirt. >> this as well was consistent with residue and physical effect of a contact smot. >> so, again, evidencing that the end of the gun was against the material when it was fired? >> yes. >> all right. and finally, state's 131, what's

depicted there? >> this is a closeup shot of the test that i had generated with the lighter colored sweatshirt, depicting a little better, you can see the tearing and the blackenly of the fabric, right around the hole. >> are your findings consistent with the muzzle of the gun having been pressed into the dark hooded sweatshirt and fired through both the dark hooded sweatshirt and the lighter colored sweatshirt. >> it it is consistent with the muzzle of the firearm touching the outer sweatshirt and the inner sweatshirt being in direct contact with the outer one, yes. >> former washington, d.c. homicide detective rod wheeler joins me live. rod, why are they rehashing this information? we've heard this before. it's not up for debate whether or not zimmerman shot trayvon. what do you make of that? >> well, actually, in a homicide

investigation, and in a trial such as this, andrea, it's very important that you substantiate all of the facts that occurred in this particular case, including the type of weapon that was used, how close was this weapon to the deceasdent a the time the decedent was shot. all of the things very important when it comes down to the actual trial. so you kind of have to go through this. so everything that we saw stoed today is normal. i don't think anything is surprising out of what came out of the testimony, as far as forensics and ballistics concerned for the gun. >> does it help the defense that there was such close contact with the weapon? >> it really just depends on how you look at it. excellent question. a lot of people are asking, well, if zimmerman was that close to trayvon, how is it that trayvon never came in contact with the gun, and did not have any dna on his body? andrea, very important that viewers understand, that will be a point of convention going forward. because the question is, if, in

fact, was zimmer man said is true and we don't know if it's all true. if, in fact, what he said is true there, should have been some nda, some kind of, you know, transfer of body fluids or something on to trayvon's body, as we know today, andrea, that was not the case. it was testified that there was no dna whatsoever on zimmerman from trayvon. >> rod, you worked on a number of these cases, how much does that hurt zimmerman, the fact that there isn't dna? >> i'm not sure if it will hurt him or help him. let me tell you quickly. i know we don't have a lot of time. one thing said today that was very substantial, and what that is, the professor that used to teach zimmerman, he said something about imperfect self-defense, and actually if you really think about what he said, i honestly believe that's where the case is going to go. real quickly, we talk about imperfect self-defense, we're talking manslaughter. when detective siriano said this

should be a manslaughter case, i think that's why we should go. >> you think they overcharged zimmerman, the prosecution? it sounds like they were reaching, reaching for murder two, but from what you're telling me this could be charged down to manslaughter? >> well, could be. you know what? just so viewers know, the judge can actually, andrea, instruct the jury that they have that option, if the judge wants to give that option of a lesser offense. they can come back with a verdict of manslaughter. as far as overcharging, i'm not surprised that they went for the gusto, if you will, of charges. that's not unusual in cases like this. a lot of times you will charge the higher charge and settle on a lesser charge. that's not a big surprise, but, again, i think time will tell exactly how it will pan out. >> earlier today, rod, on my radio show, you said facts are facts. andrea, you cannot change them in this case. what do you think? do you think this is just not a

good case for the prosecution? >> it depends on how you look at it. that's excellent question. if it's not a good case for the prosecution, i don't think the prosecution has done a great job in terms of a number of things, we don't have a lot of time, but even if you look at how they have brought the witnesses forward, what is the strategy for the prosecution? it seemed to me early on, angria, that the strategy was not working. they did kind of switch up a little bit yesterday. obviously, when they look on jeantel, the young 17-year-old girl. she did the best job she could have done, but in reality, never should have been on the stand. you have to look at those kinds of things and say to yourself what is the strategy that the prosecution was attempting to do? and whether or not that strategy will pan out in the end? >> one thing i have always wondered, being one of the arm chair jury observers, what the heck are they doing? what is the prosecution doing? anyway, rod wheeler, thank you so very much. >> thank you, andrea.

>> so did george zimmerman know about stand your ground before the deadly encounter? what he told fox's sean hannity. >> a lot of the case, and we'll ask mark o'mara about the legal aspects of the case. a lot has to do withstand your ground. i was curious, prior to this night, this incident, had you even heard stand your ground? >> no, sir. >> never heard about it before? >> no. >> okay. but today, the prosecution is trying to prove zimmerman wrong. called to the stand a military prosecutor who taught zimmerman a law class. >> they have what's called the stand your ground law, which evolved from the cassel doctrine through case law. >> did you cover that specifically? >> yes. >> did you discuss specifically self-defense and stand your ground in connection with violent crimes, such as murder?

>> yes. >> so then the defense trying to turn things around. take a look at cross-examination. >> an encounter that doesn't appear to be deadly can turn deadly quickly in your mind? >> oh, yes, yes. >> on the issue of injuries, though, when you are talking about that with the class and your understanding of the law, is that the focus is what's going on in the person's mind, not whether they have actually been injured? it's the fear of the injury, is it not? >> imminent injury, so -- excuse me, imminent fear. so the fact alone that there isn't an injury, doesn't necessarily mean that the person did not have a reasonable apprehension of fear. >> um-hum. >> the fact that there were injuries have a tendency to show

or support that person had a reasonable apperehension of fea. the fact that there wasn't any injury doesn't necessarily mean there wasn't a reasonable apprehension of fear. >> you don't have to wait until are you almost dead before you can defend yourself? >> no. i would advise you probably don't do that. >> joining us now, our legal panel in washington, ted williams and bernie grimm and diana tennis sanford, florida. ted, the laughter, what do you think about the laughter? that is not a good look for george zimmerman. >> well, it's a very serious case, no doubt about it. but it's the way professor carter came across that not only got laughter from zimmerman, but from probably jurors and people in the courtroom. if you had to ask me, andrea, what was the most exciting thing that would have happened today, it was professor carter, for

numerous reasons. this is a case where you are dealing with a black youth, shot by a white or hispanic man, professor carter is black, he got on the stand and he said something that is so significant and important. we talk about these wounds, what couldn't of head wound he had. as long as zimmerman had a reasonable, good-faith belief of imminent bodily harm, he could use whatever force that was necessary. and professor carter, being a black man conveying that to a predominantly white jury, i don't think it does nothing but help zimmerman. >> all right. bernie, do you agree with that? and do you think the contradiction, what he told my colleague sean hannity and the contradiction with what he said, his professor said he knew the stand your ground law, does that hurt his credibility? >> his credibility is massacred. all over the place he gave

inconsistencies, including one where a man 200 pounds takes three sessions of mma a week, gets knocked down with one punch. who is he? sonny liston? the stand of ground thing, it's a lot of mumbo-jumbo, and it doesn't matter anyway. ted is right. an african-american on the stand, the bias cuts against zimmerman, to martin and said, listen, this guy is allowed to take a stand. i don't believe that zimmerman was in a reasonable fear of serious bodily injury or death by a kid with skittles and iced tea, but then again, after 30 years in the courtroom, maybe i haven't been around too long. >> diana, what do you think? could this inadvertently help zimerman out, showing he knew the ins and outs of the law when he acted? >> listen, i thought calling osterman the best guy in the world was the worst mistake the

prosecution made. today i stand corrected. it's calling the professor. note, they were all calling him professor. he was just a public defender who is now a j.a.g. attorney who taught one semester at a community college. we're calling him the professor, because he taught the jury that george zimmerman version of self-defense. don west, he's been beleaguered, made bad jokes, got a daughter out of control, but, man, he really made this witness into the professor for all of us today. it was brilliantly done, and i really don't know how the state comes back from this, because i was like ted, i went into this with a reasonable -- i don't get why it was reasonable what he did. professor carter made me understand that it may well have been reasonable. big, big win for the defense today. >> ted, what do you think? do you think the professor taking the stand, the whole stand your ground thing? how does it prove second degree murder? >> well, it doesn't prove second

degree murder. as a matter of fact, it negates second degree murder. look, you know, what led to the professor taking the stand is this cockamayme thing, sean hannity interview where he said he never taken a course on stand your ground. one of the questions that nobody answer answered, maybe professor carter taught it on a day zimmerman wasn't in class. and even if he did lie, that's a nugget. just a nugget. my daughters could do a better job than the prosecution is doing in this case? >> what do you think? i think back to college classes i took. i don't really remember that much. do you? >> with respect to your first point. i know ted's daughters very well. they could do a better job in his court than he can. that's not always a close call.

the stuff from law school if you hit me in the face with a garbage can full of those books, i couldn't tell you. you can hit somebody with a rocket launcher that comes in your front door. further you get away from your house, it dwindles a little bit, but you can stand your ground, exercise self-defense, and that's what zimmerman is sort of sticking his feet into at this point. >> diana, a quick answer. i will get to you first when we bring you back. who do you think won the day today? defense or prosecution? >> well, i think the defense won, because professor carter, not a professor, taught us all the george zimmerman version of self-defense, and dna, lie being so refreshed, because i slept half the afternoon. nobody got anything out of it. >> don't say that. we're covering this in a couple minutes. stick around. stick around. don't say that. more to talk about, straight ahead. are the answers in the dna?

you'll hear an expert's testimony about dna tests done on trayvon martin and dr. michael baden is back to tell us what it means. up next. breaking news. a military coup in egypt. president mohamed morsi outsted. live pictures from cairo, where egyptians on both sides of the power struggle taking to the streets. a live report from cairo, coming up. re. [ whirring ] [ dog barks ] ♪ our business needs more cases. [ male announcer ] where do you want to take your business? i need help selling art. [ male announcer ] from broadband to web hosting to mobile apps, small business solutions from at&t have the security you need to get you there. call us. we can show you how at&t solutions can help you do what you do... even better. ♪

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well, it's all in the dna. dna evidence could prove critical to the zimmerman murder case. an expert testifying about testing done on trayvon martin's finger nails. >> the dna profile i obtained was a single source profile.

and it matched the dna profile from trayvon martin. in a sample like this, i call it an intimate sample, collected directly from an individual's body. when you collect a sample from an individual's body, their dna profile is expected to be seen on that swab or sample. what i'm looking for, on an intimate sample is anything foreign to that person. and in this case, because the dna profile matched trayvon martin, that means there is no dna foreign to him. >> in other words, on the right, fingernail scrapings of trayvon martin, did you not find any of george zimmerman's dna there, correct? >> no. nothing foreign to trayvon martin. >> what does that tell us? forensic pathologist dr. michael baden joins us. no dna your honunder the finger. what came to your mind? >> what came to mind, when i was

a kid growing up in brooklyn and in fist fights every morning when somebody had a bloody nose, they got their blood all over the hands of the perpetrator, underneath the finger nails and nobody took out a gun and shot the guy who is beating them up. if every time i had a bloody nose or head injury, i took out a gun, there would be a lot less people in brooklyn. i know that bernie grimm and ted williams come from a high-class neighborhood, but normally, we don't take out guns for a fistfight. >> dr. baden -- >> but i think that -- >> if they had been doing this head banging and you saw the wounds inflicted on zimmerman, wouldn't there be dna under his nails? >> yeah, there should be. that's the whole purpose of scraping nails at the time of an autopsy, because if there is flood on the hand, even if the hands were washed, the blood would still be under the finger nails, and the fact that there

isn't any blood, goes away, putting his hand over the nose and mouth of zimmerman while his nose was bleeding. there should be blood, and also blood on the sleeves of the jacket that trayvon was wearing. there wasn't any dna, there wasn't any blood. the blood should have still been there from the contact with zimmerman. so that part of the dna i think goes against trayvon striking him in the nose and getting blood on his hands and clothing. >> dr. baden what do you think the most important piece of forensic evidence has been thus far? >> well, i think this latter part of the dna, the lack of dna on trayvon and blood on

trayvon's hands and the sleeves on his hoody, would be important in indicating that there wasn't the kind of assault against zimmerman as has been brairaise. i think the medical examiner's testimony on friday will be important. because it was interesting that the ballistics female, the person who testified today, only talked about the clothing that the muzzle of the gun touched the outer garment, but would not comment on the affect on the skin. she said that wasn't her job, but you have to be able to put the perforations of clothing together with the perforation of the skin and gunshot residue around the hole in the skin which in the autopsy report says

two inches in diameter. two inches in diameter of stippling would indicate the muzzle of the gun was two or three inches away from the skin at the time of this charge. that has to be worked out a little bit when the medical examiner testifies. it's interesting, andrea, according to the autopsy, the bullet not only enters the mid chest, just left of the mid line, doesn't go straight back. goes sideways, across the heart, across the right lung from left to right, and so it isn't 90 degree angle, a side angle that has to be worked out. >> dr. baden, we'll look and see what that medical examiner has to say, on the heels of the examiner who testified yesterday that there were inconsistencies. no dna underneath the finger nails. interesting to see if there will be more forensic evidence to

look at. >> dr. baden, thank you so much. >> coming up, no major trial goes off without a hitch a snafu in the florida courtroom. and the legal panel back to talk about it up next. one of the biggest setbacks for obama care yet. the obama health care law will miss a major deadline. timing about policy or politics? i bet you can guess what i'm going to say, coming up. when you experience something great, you want to share it. with everyone. that's why more customers recommend verizon, america's largest 4g lte network. american express credit card, every purchase earns you 2% cash back, which is deposited in your fidelity account. is that it? actually... there's no annual fee and no limits on rewards.

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well, prosecutors trying to show that former neighborhood watch captain, george zimmerman, was a want to be cop. today, a former teacher testified by web cam, or tried to. there were technical difficulties. >> someone calling the destination, your honor.

>> it's on this computer. >> that's all right. >> i got it tell you, now there is a really good chance we're being toyed with, just so you know. >> is there another phone we could call into that's not a cell phone? >> trying to call in on the cell phone. >> okay. turn down the volume. is from another phone we can call into that is a land line that we will not have the popups of people calling? >> well, the popup that they are calling on is the lan line. >> hang up the phone. >> yes, your honor. >> it's off now, not hung up, but off. >> i don't want those up on the screen. >> yes, your honor. >> that was really annoying. now, imagine, if it was that

annoying for us, how annoying must that have been for the lawyers and the judge. our legal panel is back. diana tennis, does this reflect poorly on the prosecution like they can't get their act together? >> well, i don't know how any of them kept a straight case. it was kind of hysterical. on the heels of bernie de la rionda trying to cross-examine someone on their twitter account and didn't know the difference between follower and following. i thought it was appalling today and broke some of the tension, frankly. >> bernie, does it hurt at all? does the jury look at that and say, oh, these guys don't know what they are doing. if they don't know what they are doing with the tech issues, maybe they don't know what they are doing with the case? first of all, in my experience, there is a good chance that my secretary, who has my i.t.

skills, set this up phone call. when you are in a courtroom, and diana knows this, and ted knows it, if you are going to try something technological. plug it in, turn it on and i maxed out. better do it before the jury comes in. this happened every single time and it's humiliating. but it's the worst thing for the prosecution? oh, my god. look at the things that happened. this is about the least harmful thing. >> ted, i'm guessing this never happened to you. you know exactly what are you doing in the courtroom, tested the technology, everything buttoned up. am i right? >> andrea, are yyou are absolut right. i have to go back to your last segment. talking about michael baden talking about where i live. and you should see his million dollar townhouse. remember i said that. we're in the middle of a very serious matter here, and you

would think that prosecutors that bring their "a" game it looks to me like the defense attorneys must have paid the prosecutors a lot of money, because the prosecutors are certainly doing the defense's job, and they need to be giving the defense money. it's more embarrassing and the judge says turn the phone off. doesn't get worse than that. >> they recess tomorrow, panel so we get a break, and then back on friday. so we'll be watching it closely and we have one day where the jury will be sequestered, women will be together, charged not to speak about this case. we'll see if a bunch of women cannot talk about a case. i don't know. i'm not going to weigh in on that or ask you too either, diana. that's all the time we have. panel, thank you very much. breaking news. morsi out, and the military

outsting the leader. celebrations on the streets of cairo. in two minutes, dennis rodman is back and says he deserves a prize. but he's not talking about the mvp award what prize does the basketball star turned diplomat want? find out, just 2:00 away.

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peace prize is? dennis rodman? not really, but he says he deserves to win it. telling "sports illustrated" he should win the nobel prize because of his friendship with kim jung un, saying he single handedly prevented world war iii. a portrait in courage. he tells the magazine, my mission is to break the ice between hostile countries, why it's been left to me to shooth things over, i don't know. dennis rodman, of all people. keeping us safe is not really my job. no, it really isn't. rodman goes in to say he should be in the top three for the peace prize. dewatch a basketball game and have sushi, we're not sure he qualifies. what do you think? rodman deserve it or out of his mind? gretawire.com and tell us. back in two.

this is a fox news alert. fireworks in cairo tonight. hundreds of thousands of egyptians celebrating in the streets as military outsts president morsi. morsi's supporters also taking

to the streets. we have the latest from cairo. >> reporter: the sun beginning to come up on a new day in egypt. the party still going on behind me in tahrir square. endless amounts of fireworks, laser shows, for the last 12 hours or so. an impressive sight. outside of tahrir square, a lot going on in this country that isn't celebration. hearing reports that the egyptian military is clashing with members of the muslim brotherhood in different parts around the country. at least five people killed. we're also hearing reports that several senior members of the muslim brotherhood have been arrested and that there are warrants for literally hundreds more of members of the muslim brotherhood. president mohamed morsi we believe right now is your honor house arrest right now, being detained by the military. denounced this military coup, but wildly celebrated across much of egypt right now, particularly by the secular egyptians, christians, and some

muslim leaders who were simply not happy with the performance of mohamed morsi and the muslim brotherhood in terms running the country. the economy is struggling, and basic services nonxisent. a lot of anger at the muslim brotherhood and president morsi. a lot of celebration, but looming fear of anger here over the country, also the fear of violence going forward. right now, there is a strong muslim brotherhood population in this country. 1/3 of the country does support the muslim brotherhood, they won't simply sit down and wait for the next elections, supposed to be held sometime in the near future. they are threatening to give their lives to defend mohamed morsi, islam, and the muslim brotherhood. the fear of violence looms over all of egypt. >> quick answer on this. how likely do you think that it is the muslim breerhood ends up

back in power? >> listen, still the dominant figure and dominant group in egypt. opposition is really good at holding rallies, holding protests and getting rid of leaders they don't like, but they have shown no ability to organize at the election campaign level. the muslim breerhood could still field a strong roster of candidates, could still fill a lot of spots in parliament and maybe even the president. the military and opposition won't allow a system to be sut up where the muslim brotherhood can win parliament and presidency. this really was planned eand wel organized with the opposition, the last sort of 7 to 5 or 6 takes. it's tough to believe they will allow the muslim brotherhood to come back. they are very strong in egypt.

>> conor something told us fireworks would be short lived and they are. please be safe. egypt, the largest of all the arab country. the outster of its president will impact the entire region. what's the united states' stake? what should president obama be doing? john boulton joins me now? this looks a lot like 2011, hosni mubarak stepped down. are we just replacing mubarak with mubarak? what are we doing? >> well, hosni mubarak called for the outster of morsi. you can bet mubarak is celebrating tonight too. the muslim brotherhood taken its election and using it to follow the principal one vote, one

person, one time. and wanted to establish an islamist state under sharia law. you don't get to vote on what god's will is when somebody knows what god's will is. they were move in the direction of the authoritarian society. and i think the military was justified in staging this coup. having said that, nobody should underestimate the strength of the brotherhood. the international observers said the parliamentary elections were free and fair. brotherhood candidates got close to 50% of seats. and the islamic majority is somewhere from 2/3 to 3/4. you people told us we had to have elections, we had elections, we won and then you stage a military coup. the prospect for violent conflict and bloodshed remains high. >> the president put out a statement earlier saying the united states doesn't back political parties, doesn't back

individuals, but backs the democratic process, but it seems like we do back parties and individuals, pro-sharia, pro-islamic, like the muslim brotherhood. why didn't we back that democratic movement in iran in 2009 if that's what the united states does? >> because the president's policy is confused, and that statement that he issued today was mushier than even his usual statements. look, we have mishandled the situation in egypt for the last 2 1/2 years, i don't think the president knows really where he stands or what he wants to do. the anti morsi demonstrators for the past several days have criticized obama administration for standing with the muslim breerhood, which most americans would find inexplicable. i think we shouldn't overstate our influence. i do think we have influence with the military through years of providing extensive assistance. i hope that was understood by the military, and i think

although it overturns an elected president, really, it is in america's interests to see the military try again to put egypt on the road to representative government. >> i think you are absolutely right. i will say, though, it looks really bad for the united states that we backed the wrong horse. ambassador, thank you so much. >> thank you. this is a fox news alert. the missing brother of colorado senator mark udall has been found dead in wyoming. randy udall never returned from a solo backpack trip last week. and his body was found in a remote area of the wind river mountain range. no foul play suspected. tonight, the udall family issuing this statement. randy left this earth doing what he loved most, hiking his most favorite mountain range in the world. stay with fox news channel for more on this breaking story. straight ahead, 2015, here we come? that's the new deadline for a

key requirement of obama care, and that just happens to be after the mid term elections. so what do republican lawmakers have to say about that? find out, next.

well, foreign policy is a mess, back here at home domestic policy a mess, too.

obama care hitting a big road block. the obama administration announcing a one year delay in a key part of the health care law. now, large businesses won't face fines for not providing employee coverage until 2015 that, is after the mid term elections. republican congressman joins us. the house passed a number of repeal bills here. this seems like a smart strategy. it's a sneaky strategy by the administration. what is the plan now for the republican party? >> we're going to continue to press the obama administration to try to not just get a one year repeal of this bill but and we've been saying from the beginning nancy pelosi said they had to pass it to find out what is in it. we found it's a bad bill, a flawed bill. and even this administration

with three years to implement it is failing to do so. after they told congress everything was in order just months ago, coming before the ways and means committee and said about a straight face to congress we're on schedule we're going to hit the mark we're going to implement this thing on schedule now, two months later it's like deja vu. what we told you two months ago isn't the truth. we're going to have to back pedal on our word and didn't deliver on the promise, as far as house republicans go we think there is a better way and think we ought to pass a health care law that is patient centered. that isn't a burden on small businesses around the country. if there is a silver line lining is that we get a reprieve for businesses that were struggling. bad news if you're a normal every day citizen they're not put lg a pause for you giving a holiday implem taigs they're going ahead and requiring the

tax and men yalt and not on big businesses. tells you something about how washington, d.c. is running. >> what does that mean for individuals? it's going to be bad when it does take affect. what does it mean because the individual mandate still stands? >> well, first it says there is a double standard in washington says we're going to hold individuals to a different law than we are to businesses. which obviously flies in the face of the purpose of the law. second, the whole argument democrats are making about obama care if we shove everybody into the pool, rich people, poor people, old people, young people, big business, small business we'll make it less expensive for everybody. that is their argument. when you take out of the pool of exchanges and out of obama care, 80% of the american population, which gets their health insurance from employers and you say we're

only going to put in obama care put people in obama care who are individuals, they're going to be more expensive, people with preexisting conditions and people for whatever reason couldn't afford health insurance on their own so going to make it more expensive. the penalty and tax, that much greater. >> absolutely. a bunch of sick people signing up in the system is going to be very, very costly. congressman thank you so much. >> good to be with you. happy 4th of july. >> coming up if you thought david hasslehof's career was on the down swing, think again. we found something that may change your mind. a music video have you to see, up next. [ whispering ] shhh. it's only a dream. and we have home insurance. but if we made a claim, our rate would go up... [ whispering ] shhh. you did it right. you have allstate claim rate guard so your rates won't go up just because of a claim. [ whispering ] are we still in a dream? no, you're in an allstate commercial.

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11:00 is almost here, time for last call a bay watch star goes back to the beach. yes. take a look at david hasslehoff's new starring role. ♪ [ music ] . >> did he really just show us

his chest? happy 4th, everybody. yeah. that is what it's come to for the hoff. an iced coffee. hey, at least he's sober. have a great 4th. good night. >> bill: the o'reilly factor is on. tonight: >> tell me how many agents investigators you have assigned to the case? >> i may be have to do that but i have to get back to you. >> you can tell me hot the lead investigator is? >> off the top of my head, no. >> the fbi still not investigating the irs controversy aggressively. that's the charge from a conservative watchdog group. but is it true? we'll tell you what we know. >> talk about terrorists, then don't just talk about people with brown skin. >> bill: under heavy pressurey the far left the fbi removes some anti-terror ads designed to protect americans. we'll tell you bawl that. >> you don't have to wait until you are almost dead before you can defend? >> no. i was advised you don't do that