step closer to justice. welcome to america live. and so it has been nearly four years since army skoik tryst majorna dal hassan opened four in fort hood, texas. he killed 13 and injured more. jury selection gets underway in two hours from now. the victim's long wait started in 2009 when a single gunman opened four. seven days later the initial charges were foiled in this case. the trial was delayed nine times. by last summer, the victims thought it would get underway only to see it delayed again when major naszan combru a beard and renowsed to shave.

it casy ste gal joins us live in fort hood, texas. two hours to go before it begins, casy? >> brand new information. a pretrial hearing just let out momentsing on. it was interesting, as major hassan was wheeled in, he was wheeled in battle dress uniform and he was supposed to be in a formal unform. he asked the judge not to wear uniform at all because it was the enemies of islam. the prosecution said he will wear uniform. the panel selection gets underway. things will work differently because it is a court martial and highest trial level. hassan faces the death penalty.

they will be selected from around the country. the process will take a month. as you mentioned, martha, it was set back after set back. other than the beard, he decided to represent himself and he wanted to blowed guilty and military law prohibits that because it is a capital case. and then he wanted to say he was saving taliban leaders by carrying out the shooting and the court would not allow that. 13 people died here in 2009 and 30 injured. on this program, a sergeant shot five times that day described what the wait was like. >> not only the victims and survivors, but our families. now we'll get a chance to close the chapture and once again a

setback in our way. >> if everything goes as planned and opening statements scheduled to begin on august 6th. it is an interesting process. >> indeed it will. thank you. the gunman's own paralysis when he was shot as he was shooting others. hassan's doctor said he can't sit more than 12 hours upright. he must have 15- 20 minute breaks for stretching every four hours and he must lift himself off of the whole chair every half an hour. it is going to be something to watch all of this play out, only adding insult to the victims and their families, hassan has collected a paycheck. he's received more than

278,000us dollars. he gets this salary because he was not proven guilty of the attack. we'll see if he has to pay it back. all of that continues to play out this afternoon. >> it should have been apparent to president bush and senator mccain, the central front on the war on terror was not iraq and never was. and that's why the second goal of my new strategy will be taking the fight to afghanistan and pakistan. >> that was candidate barak obama speaking on the campaign trial in 2008. a far different afghanistan strategy from president obama. he's considering the 0- option that would accelgreat america's withdrawal and love no u.s. troops there beyond the end of next year. it raises a lot of questions of what will happen in afghanistan,

who will protect the civilians there and hold on to the gains made in the loss of life and blood and treasure for the u.s. troops? who will continue the fight against al-qaeda there? chris is editor and host of power play on fox nows.com. chris, the president said it was a fight that should have been taken on in his opinion as a candidate by president bush and continued and stayed there because it was so important. what changed? >> he did what you said and he had two surges and of those 200 men and women american lives who laid down their lives in afghanistan on the president's watch, this has been his war. and now he's frustrated and the new york times broke the story, the president frustrated with the inability of the american- backed government in afghanistan

to incorporate islamist. the president's strategy for the muslim world to use muslim theocracy as an intermediate state. they are trying it in libia. he wants to reincorporate them in afghanistan. the government we have worked with before, the karzi government doesn't want that and the president is frustrated and said if you are not going to play ball, we'll take all of the american troops out and you know what will happen after that. >> it makes you wonder if that was the goal and intention? when the president discussed negotiations with the taliban and karzi was left out of that, he was very ticked off and made is clear. and you wonder what happen in iraq in the standard of forces agreement that could have been negotiated and that was the straw that broke the camel's back. you wonder if it is by design?

>> i don't know what the design is, i can tell you it is good domestic politic for the president who enjoys a high approval rating, but it is tanking. he has problems not because of the aforementioned problems for transition theocracy, muslim theocracy in the middle east. but the slaughter in syria and domestic surveillance and drones, his base is not happy. the war is unpopular and if the president is sewn to be drawing it down faster, it may get him brownie points with the voters. maybe it will be shorter than 18 months and no one left behind and bug out of there. >> you think politically no one is paying much attention because of all of the scandal and the economy that doesn't get mentioned this much. and the job's picture improving

a little bit? you think that no body will really care that much if we go a head and do this? >> i think that americans think that the war is over and don't know about the tens of thousands of troops. and they are not paying attention and the president is probably counting on that as he uses the troops. >> more servicemen and women lost their lives under president obama than did under president bush, and you think of the attention given to that. in the bush administration there was discussion why the president didn't talk about those who were lost. and where is the outrage on that front for this president where afghanistan is concerned from people who feel that way? >> he is a democrat, and that

helps him substantially because many in the press are way more willing to give a democratic president or office holder slack. two of the top guys on foreign policy and national security, chuck hagel, a former republican and senator and john kerry both made their careers in opposition to the vietnam war and john kerry famously said how can you be the man to ask a man to die for a mistake? >> we had a report that crossed the wires a moment ago saying that the president has not made a decision in the u.s. military presence in afghanistan after 2014, we'll wait and we'll continue to see where that goes. that's the latest coming in. >> we are told to expect a now's

conference of the ntsb will speak about the horrific plane crash in san francisco. two teenagers lost their lives from china. when you look at the condition of the plane, it is hard tobelie heroism of the crew and people on the ground. the people were at the controls when the tail of the aircraft slammed in the runway and ripped off over the sea wall and that led to the smoke and scene you saw on the screen. apparently, one of them, one of the pilots had 40 hours of training and guided by a pilot who was on the first day as a trainer. we'll bring you more of the details when we get that in. >> we are waiting for a major

decision from the judge in the george zimmerman trial. the ruling yesterday is been cited as a potentially crucial decision in the outcome of this trial. we'll look at how trayvon martin's history of pot use came in to play in the courtroom and what it may mean. and imagine to wake up on the operating room table that you are dead and doctors are talking about harvesting your organs. trace investigating how that happen in a major new york hospital. we'll tell you about that one. and intriguing now question surrounding the case of the state department whistle-blower. there was a group of burglars in the offices of her lawyer who so manied to be very interested in stealing information more so than the stuff laying around the

office. we'll be right back. >> they came around here. two people got in the law firm multiple time. >> bunched a hole here. here is the law partner. >> a hole in the wall and came through here.

>> we are talking breaking developments in a story about a state department whistle-blower who was harassed since she first complained of a cover up of sex scandals in the state department. look at surveillance video. this shoes a group of burglars breaking in the law firm that represents this woman. with hard drives and files and trace is live with this. hey, trace. >> martha, the whistle-blower is a former investigator for the

state department office of the inspecter general. and accusing high level state department. os and contractors soliciting sex from minors and profit touts and druggous. she said the state department is covering up the crimes by manipulating the crimes. it is represented by a dallas law firm and that firm said she is intimidated by the state department harassing her and her family. this is what the lawyer told megyn kelliy. >> they is not two law enforcement officers from the investigations division to her house. they first approached her 20 year old and then her 17-year-old. >> since that interview, that dallas law office was burglarized. and while burglars took file

cabinet and left behind coins and silver bars and didn't enter any otherine though they were unlocked. they believe that the court was search searching for documents. and could have been somebody trying to obtain that information. >> now the state department denies involvement in this and denies allegation that the state department author otherwised someone to break in to the law firm is false and basis. the lawyer is not pointing fingers in the state department but he believes that the crime is politically motivated. >> thank you very much. for more on this, we'll turn to the attorney whose office was broken into. kerry, welcome, good to have you

here. >> thank you very much. >> the video is incredible. first of all how is the investigation going? it seems they are clear on the video and any developments in catching them? >> well, first of all, they were in the office multiple times over the weekend. coming back and forth, and so they came in one time and got a computer and left and came back and you can see how kasmirual they are. i upon not pointing fingers in the department of state. look at the facts with the regard to the department of state. we are looking for somebody who committed crimes in the past. itate department, check. >> and number two, the burglars left behind blood evidence and caught on the video. and we are looking like someone who botched big jobs before. state department, check.

number three, the burglars are unwilling to come forward with evidence of the crimes voluntarily and we don't know their whereabouts. check, check. i am not saying it is the department of state. but if the department of state calls off this investigation and later comes out they investigate today and determined they did nothing wrong we should take a hard look at them. >> we'll cross the bridge when we come to it. you didn't worry my question. is there evidence that looks like you are about to figure out who these two were? the police are involved in this and they have a video and watched them to come out and were the hand prints on the door? >> i don't know how close they are. i know the police are good locally, and i know the

management in the building has been diligent in getting all of the video information together for the police. >> do you have any evidence that links them to the state department and administration and people directly affected by the investigation and the case that you are bringing for your client? >> no. i don't. all kidding aside, i was joking earlier, i don't know who did it. if you watch the video, they come in, you know, before saturday, break in and through a hole and in the conference and leave. and come back at saturday night 11 time time 30 and leave with one small box and a computer in the box and they took boxes. >> and the boxes they have. do they have the information about the case that you are pursuing for her, on those files

missing. >> i don't want to be specific of how we store our information and where it is stored. but those computers are used to prepare documents for clients. that would be pertinent information to all of our cases including hers and e-mails, and information and communication with our clients, our computers contain attorney- client privilege. >> there is a lot of stuff on there including what relates to the state department case. i agree with you, it looks very bad, but we are going to continue to take a look at it and if you have more connections to bring to us. we welcome you. >> thank you for being here. >> thank you very much. >> how about waking up in a hospital bed and you are declared dead and the doctors are about to harvest her organs

and trace investigates how it happen. and remember elliott spitsxer. he resigned and now back on wanting to be a politician. with accident forgiveness, they guarantee your rates won't go up just because of an accident. smart kid. [ voice of dennis ] indeed. are you in good hands? yeah... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

>> we are learning a bit more about the secret life of osama bin laden and the raid that ended in his death. according to a leaked report by pakistan officials, bin laden was concerned about being recognized and wore a cow by hat to avoid detention from above and considered to fence off the perimeter of the compound with a row of trees.

the report blames pakistan's ability to recognize that bin laden was in their country nine years for a government implosion syndrome. you know how that ended. and fallout for a new york hospital that mistakenly declared a coma patient brain dead. doctors realized the mistake when she opened her eyes as they prepared to remove the organs for transplant. it is something that really happen, trace. >> you read through the new york state department health report they go over the thing. the hospital made a flurry of mistakes. colleen burns suffered from a drug overdose and she was in a very dope coma, right. but the doctors diagnosed her as having a heart attack and saying she was brain dead. the hospital contacted the family and the family agreed to

take her off life support and donate her organs and a nurse conducts a reflex test and a thing on the bottom of her to the and her lows curls down and lips and mouth moved. the nurse is notifying the doctor. and they failed to so if the drugs were out of her body which they were not. and failed to do a proper brain scan and get her in the operating rom and just about to harvest the organs and eyes are wide open. the hospital never investigated it or looked into it until the state health department looked into it and found in the investigation, the care was unacceptable. they fined the hospital $22,000. and that was for past mistakes and only $6,000 for this mistake and the hospital was asked by

the family not to speak approximate this because the family never sowed the hospital and only say we have learned from this experience and modified our policies to include this type of unusual circumstances presented in the case. choline burns suffered extreme depression for years and years and she committed suicide a year after this happen. the hospital will not talk about this at all. >> all around, very sad and pi czar case. it seems like the most basic medical understanding that the hospital ought to be able to figure out is whether or not the patient is still living at the very lost. >> trace, i thank you. >> and coming up. as we so now problems with the roll out of the health care plan. we'll debate whether there is normal growing pains like which we haven't seen before or a sign

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>> we are tracking's developing story about a new embarrassment for the irs and worse for you if your no, ma'am is on the list. the agent mistakenly posted tens of thousands of people's social security numbers on loin. they were for taxes and political groups and the problem was uncovered by public.resource opinion com, and as many as 100,000 numbers may have been exposed on this. the access to the site has been removed and the irs is assessing

the situation. no take on how much damage for those out there floating social security numbers while they were there. >> all right. so we are getting reports of problems for president obama's health care law roll out. in the last couple of months, it is one head loin after orth with these. including a story on may 2nd about part- time workers and how they could get their hours cut so employers don't have to cover health insurance and they would lose out on health insurance at work. and this head loin on john 13th, associated press noted that the president's health care law may be unaffordable for low wage workers and the a p reported that getting face time with the family doctor is harder and you will mote a lot of people who have health insurance and that make its tougher to see the family doctors and in the last week we saw the beg news on how

the administration delays part of the plan until 2015 and so that the growing pains are the question here and whether or not it is a sign of a serious problem with the roll out and when it will happen. >> we have lesly and chris. welcome to both of you. >> hi, martha. >> lesly, let's start with you. i am imagining that you are going to be on the side of growing pains which is no big deal, right? >> where is that crystal ball of yours? yes, i think it is growing pains. i was looking into some of the past federal programs that we had. social security and medicare. by the way, medicare is still tweak asking has been tweaking every year since its inception. for something that entirely new and on the scale this large, this has nothing to do with

politics. welcome, we passed a law and how to implement it and not only the affordable care act and social programs. >> that famous nancy peel pole quote, wait until you find out what is in it, you will be find out and so happy. chris, are people happy, is doesn't sound like they are? >> i can't find anybody happy at this point. maybe 26 years old with health care paid by the parents. this is a confident calamity and they took the greatest health care system in the history of human kind and taking out the poses and trying to convince us this is got and that is good. it is a calamity. we are finding out what is in it and what is in it is causing no end to horror. it is a clown card of horrors

and some of us anyhow it all along. 24000 page on on 2400 pages that will lead tomeihem in the work place and employer man date off which is a cornerstone that doesn't work and democrats will assure us this is no problem and pay no attention to the bone fire behind the curtain, it will turn out fine as it does with great government programs that take over the economy. >> we have seen so many in the past. lesly, you wonder what the president thinks about this. he was crit eased for turning over the writing of the legislation to congress and not having enough of a role in figuring out how to make it work. this is his baby and crowning achievement, and it looks like a rocky rod on the bottom of the screen. that is a noise characterization. this is hitting huge bumps in

the road. no question. you could throe it out poi october 1st and it could be disastrous. >> that's not what heard. this was presented as the greatest thing since sliced bread. joe boyd boyd came out, and you remember, great deal for the american people. and so why is it now, that kathleen seb ilous and ba a uccus say it is tough and we can't get our arms around this season. >> and no, senator ba a cchus one of the leading authors. and senator bacchus said he sos a train wreck coming. it was done under the cover of

night and changing the locks to cope republicans out and ignoring the will of the american people and inventing croisis, and it was a sham and nightmare in the beginning and now we are seeing it rolled out piece after piece. >> we have a minute left. leslie, you listen to all of that and you are shaking your head. what to you feel good about? >> you think hang in well and it will be okay, tell us why? >> i feel that way strongly married to a physician. we have problem with people rushing to the emergency room with individual and families. we need prevention and need them to have annual check ups and insured to have that. i am confident we'll not have this type of conversation in 5 or 6 years and a program this size hardless of who put it

forth democrats or republicans would have these toips of bumps and need that tweaked over. >> and i hope you are right. and i hope that chris is wrong. i know we will revisit in between. >> how likely that may be. >> and chris, thank you, and lesly thank you. and so you next time. >> and coming up, a u.s. marine and wounded by a rod side bomb now finds himself in a middle much a fight after a security screening and whether a couple of guards went too far with this hero, we'll show you why. and look at george zimmerman murder trial. how trayvon martin's history of pottous has come in the trial. and a fast tropical storm is moving throughout caribbean. wait until you see what is behind this one, we'll be right

back.

>> accused murderer george zimmerman is back in the courtroom. the judge will decide whether or not the jury will see the enactment of the struggle that led to trayvon's death. >> hi, martha, because of the animation by the defense's production and what happened early in court and what didn't happen, tonight will be a late night for the judge and the attorneys after the jury is excused. looking live in the courtroom, there is the lead prosecutor reporting cross examination of the defense expert on the stand. the jury and george zimmerman just back from lunch. the attorneys hauled out the d

hod -- hoody. cording to the defense. the gun blast burns and powder she zimmerman's gun was 2- 4 inches from his heart and injuries she blunt force trauma. the witness spelled out for police. and zimmerman said the 17-year-old was straddling him and pummelling him and pounding his head in the concrete when he pulled his gun in fear of his life. nnotice how the outline here is smooth? here it bulges out. and then comes back. >> back live in the courtroom on cross examine aegz. the doctor consoweded for the prosecutions couldn't say

whether it was self defense in the beginning of the altercation and all of the evident shows based on eyewitness accounts what was happening in the final moments and the judge late yesterday issued a big ruling for the defense. allowing the defense to she martin's toxicology shed that trayvon martin might be impaired after smoking marijuana and the state doesn't want the defense's animation to be entered for the jury to see which clearly the defense wants to. they say it is inaccurate and based on partial witness accounts and primarily based on george zimmerman's account. that is another ruling by the judge today. >> i will. and thank you for bringing in judge alex. hot of judge alex. >> thank you. >> talk about the animation for a moment.

we saw the video and saw george zimmerman walk the police through the whole thing and this is where he laid me down. do you agree it should not be entered. it will have gaps filled that may not be testified. how did he get to where he was struck to where it was found. is the animator filling in the gaps on his own. and they could use it as a demonstrative aid. the fight is about move nothing evidence. >> once you have shown it to the jury. >> it is a benefit for the defense. the jury can see it over and over. and that's why they want that battle. >> talk about the forensic testimony. the doctor believes that trayvon martin's shirt was hanging 2 or

four inches from his skin? why is it relevant? he would be over him and your shirt would hang over. >> it is orth piece of evidence on top of mounting evidence that trayvon was on top and zimmerman was on bottom. there issa i contact wound to the shirt but not the body. his estimation was 2- 4 inches away from the body. trayvon is on top and leaning over and hitting him. and the gun touched the shirt but not the body. it helps to make the case. the lack of bruising on the knuckles. when you lose blood pressure you don't get browsing. you hit something it is hours later or the next day look at that bruise and that explains that part for the defense's satisfaction. we'll see about the juries.

>> how about the pot? original take on it was not enough to impair his behavior. and now, it looks like it is playing a slightly bigger role. george zimmerman said he locks like he may be on drugs. >> that's the best wae weight you will get out of it. george zimmerman's credibility was attacked. a young man in between the houses here and he must be high. they were able to keep it out. and the medical examiner said i changed my opinion. the thc might have had an impact and reenforced the fact that george said he locks like he is high. and comment in the 7- 11 that he was swaying and may have impaired his judgment on what zimmerman was doing. >> surprising or was that

a mistake? >> you have extracted from two police officers that no, that is not my extract it rather than y cross-examine i cross-examining him. i would have let it for the state to call. >> judge alex. thank you very much. we'll see you soon. coming up, a reality tv star going wild, booked on felony charges after allegedly arming herself to the teeth and heading for her ex-husband's home in a fury. trace gallagher will join us in a moment. the ntsb just rawrapped up interviews with the pilots on the asiana 214. hey linda!

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in the latest case of reality tv stars gone wild, one of the new shows, "baseball wild" is facing a string of charges. she was the wife of kris benson and arrested after showing up at his apartment heavily armed and threatening him and demanding money. trace gallagher is live with more on this. quite a story. what do you hear, trace? >> i shouldn't smile. when kris benson was pitching for the mets, anna benson went on the howard sterns show and said if he ever cheated on her, she would have affairs with every one of nets, including the batboy. she later did say he did cheat on her and not sure if she made good on her threat. she's been on the cover of xm

and she came out of the bathroom and his wife was out of the bathroom holding an expanded baton threatening to hit him. she crushed his computer, went to her purse, grabbed a gun, demanded $30,000. he said his wallet was downstairs, called 911 and ran to the woods and hid because he was afraid she'd shoot him. and she came over, she say, because he didn't pick up the kids and wanted to know why. says she pulled out a little baton because she was angry and called him a few choice names and went outside to smoke a cigarette and next thing she knew the police was there. and i'm quoting i asked her why she was wearing the bullet proof vest. she said it was a new model she was testing for a company and had to wear it for an extended time to get it to mold to her body. when they searched her, they found handgun, ammo, hatchet, taser, bag of syringes, hard

drive and ammo vest and belt with ammo. >> bag of sir rinyringsyringes, those for? >> in case the taser doesn't work. i don't know what she was planning and finally the expandible baton. she, of course, was charged and the rest, as they say will be decided by the court. >> she has a smile on her face in the head shot or mugshot, i should say. doesn't seem like she's very upset. maybe she was just mad about him not picking up the kids. >> the camera loves her. >> they sure do. see you later. coming up, investigators have now interviewed -- we're waiting for this, the pilots in the front seats on the asiana flight 214, about the final seconds before that plane smashed into a runway at san francisco international. we're live at the airport with what they told investigators. that is next, plus music legend,

randy travis, is recovering from some surgery. it was an emergency surgery. we have new details how he is doing, when we come back.

folk news alert as we await new details on the deadly asiana plane crash in san francisco, where investigators have now talked with the pilots who were at the controls when the boeing 777 smashed into a seawall on saturday, killing two teenage girls and injuring dozens of others. welcome to a brand new hour now of "america live," everybody. i'm martha mccallum in for megyn kelly. the national transportation safety board began talking to two other pilots yesterday as they tried to determine why the plane was going so slowly as they approached the tarmac. slow and low and why it tripped up on the edge of that seawall.

the pilots did not respond until seven seconds before to the impact. we're now told the ntsb will hold a briefing, a couple hours from now and give interviews on what they now know. more on this ongoing investigation today. hey, claudy. >> hi, martha. federal investigators are putting together a narrative what was going on in the cockpit a few seconds before the plane crash and why they didn't realize there was a problem until it was too late. it was going 40 miles an hour slower than it should have been in the final seconds before it crashed. we also know the pilot landing the plane had only 43 hours of flying experience on the boeing triple 7 and saturday's landing in san francisco was to be part of his training. what's more, the first time the other pilot in the cockpit, who was training him, had ever flown in that capacity.

investigators say they're taking their time and using korean translators to learn more about the pilots just prior to their actions prior to landing. >> we will get more details about their activity and training and who was the pilot flying? who was the pilot in command in the cockpit at the time of the accident. we're going to be looking to correlate all of that information with what we are find finding on the cockpit voice recorder and flight data recorder. >> reporter: they also have part of the plane's tail sections that wound up on the san francisco bay and the jet dragged debris down the runway. the parents of two teenagers who died arrived in san francisco overnight and were still waiting on autopsy results to determine if one of those girls may have

survived the crash but was struck and killed by a responding fire engine. we expect to get more information in about three hours when federal investigators hold their next briefing and we understand they're also speaking to air traffic controllers today. those interviews they're doing with pilots and flight crew will be critical. by all accounts, there was nothing wrong with this airplane until just seconds before it crashed. back to you. >> thank you very much. we also got news from the san fe fernando valley school set to host the students. they have now cancelled their summer study abroad program and church and officials say they will instead try to take the time to try to console the victims' families. >> our goal as a church and a school is to reach out to the families in china and show our greatest condolences. >> i feel lost. i feel there was something taken

away from us. >> it's really like distressing and we're deeply saddened by the events that have occurred. >> as a mother, i can't even imagine what those parents and those children are going through. >> true. a vigil honoring the students who died and their families has been scheduled for thursday night. let's go to new questions now about whether president obama is stretching the limits of his office by delaying parts of his health care law and which parts you might want to ignore. according to the legislation passed by congress three years ago, the employer mandate the president now wants to delay a year quote shall apply to months beginning after december 31st 2013. so is president obama violating his oath to uphold the laws of the country. judge andrew napolitano, judicial analyst. one reason we bring this up,

some members of congress they might pursue this. they believe they signed this into law. the president, it's his duty to implement it. >> this is a murky area of the law. presidents since thomas jefferson have said publicly, there are parts of the law i disagree with, i think are unconstitutional, i'll not enforce it. it's hard for the president to believe he disagrees this is unconstitutional since this is the seenter piece of his presidency. this is basically the part of obama-care that says to all entities that employ 50 or more people you shall make available health care and it shall have these services from the months beginning after december 31st 2013 or january 1st '14. why would he delay it by a year or can he? you can speculate. maybe he doesn't want it to kick in before the congressional elections in 2014 because he knows it's likely to raise insurance premium and deny people the affordable health care he once had.

can he do it? well, he's not supposed to do it and he's taken an oath to uphold all the laws. there's little anybody can do to stop him from doing it. no one could really sue him and get a court to order him to enforce the law as it was written because that would be the courts telling the president how to do his job and the courts are reluctant to do that. when president george w. bush signed into law, in the act of signing into law a statute prohibiting federal agents from reading mail without search warrants. he said, i'm signing this into law but i have no intention of enforcing it. in fact, he didn't enforce it. i'm not just picking on president george w. bush. >> it seems ridiculous on the face of it in many ways when you look at it like that. when i look at the language of the bill, it seems like typical leg legalees to me to say in the months after, doesn't say which months after, doesn't say as of

january. >> i'll also tell you how ridiculous the statute is, this section of the statute also says it shall begin in the month beginning after december 31st, 2013 or months after subject to rules promulgated by the irs. the irs can promulgate any rules the president asks him to. we don't know where we're going. when president nixon decided not spend me on the president budgeted. you can't do that. >> they have power of the purse. >> they have money, and won't tell you how to spend it or regulate. that's your job. >> you must have three equal parts of government. >> yes. >> legislative, judicial and executive. >> the rhetorically. if you're a member of cog and fought to sign this into law and got it signed into law and your feeling is unless we implement this thing, all the parts of it, the rest don't work. they rely on each other to work.

what's your beef and your leverage? >> i condemn this statute and i believe the supreme court was wrong to uphold it. if members of congress sue the president to force him to enforce it they will at least force the courts to do something with that lawsuit, they may say, you don't have the right to sue or have standing, hmm, a lot of people will suffer if this thing isn't enforce because they dropped their health care because they knew their employers had to make it available to them. i would encourage members of congress to file those lawsuits but not optimistic about their outcome. >> see what happens. on the face of it, the health care law as it holds up, what about that? does it fall apart once you pull out some of the pieces of this puzzle? >> yes, it does start to fall apart if you pull out the pieces to the puzzle because a lot of people were planning to have health care offered to them by their employers on junianuary 1

of '14, not '15. a lot of insurance carriers, including our own, have been preparing for that. now, all of a sudden there's a delay. why a delay? who covers these people during the time? >> ambiguity. >> uncertainty and more uncertainty is the opposite what the law is supposed to bring. >> all clear, right? >> tough to make clear. we are also watching a very sad event today in arizona. this is a live look at a memorial service just getting under way honoring the 19 members of an elite fire-fighting hotshot crew killed in the arizona fires last week. firefighters around the country have poured in to be part of this service of their brothers, who were lost in that service. vice president joe biden is there. he arrived a short while ago, expected to speak. will carr is live in prescott valley, arizona, with the latest

today. w will. >> reporter: hi, martha. the ceremony is just getting under way. there are tens of thousands here to mourn and honor. there are 6 to 7,000 on the inside, many more on the outside. they will hear from the vice president. they will hear from the governor of arizona. many people we have spoken to say this is a celebration of life. they're celebrating firefighters like andrew a crashcraft, the fr of four, always wanted to be a firefighter and known for loving his moustache and celebrating dustin dufour for reading his bible every day and rose moved to prescott valley in january with his sweetheart. in february, they found out they were expecting a baby girl. we're told right before he went to the front line, he bent down and he kissed his difrld's stomach and told the expected

baby to be good for mommy. you hear stories like that and you understand why this is such a gut-wrenching thing for this community. but the most interesting is the sole survivor, brendan mcdonough. he's going to read the hotshot's prayer. we're not expecting a dry eye when that happens. >> thank you very much. we'll take you back there in a little while. their story gripped the nation. and now for the first time, we're hearing directly from these three young women who were held captive in the basement of a cleveland house of horrors for nearly a decade. their message they now have for the world coming up. we're getting new details also out of egypt. there is a look at the streets of cairo right now in tahrir square. the muslim brotherhood rejecting

the transition plan laid out by the military for a new government. egyptians continue to flood into those streets. the protests we have seen turning deadly. we will take a look at where all of that is headed. and it's a media circus, as former new york governor eliot spitzer re-enters the world of pliks just five years after he was sidelined by a very widespread and salacious sex scandal. up next, our panel looks at a recent series of politicians who don't seem to be cowed by their scandals in the past. they're back. >> i won't draw any conclusions. what i will say is people have forgiveness in their hearts. whether that extends to me --

what are you looking for from the voters? >> i'm looking for a chance to be heard and look at the record.

>> yeah, you hooked up with hookers. >> that's all right. >> and you lied and cheated on your family. >> i don't make any conclusions or draw any conclusions about that. what i will say is people have forgiveness in their hearts and whether that forgiveness extends to me -- >> not everybody forgives! we might forgive but we don't forget. >> don't you love that guy? only in new york. we might forgive but don't forget. >> he went on, that heckler in the brown. that was disgraced former governor eliot spitzer emerging from political exile and making his first steps to get back into political life the man who became known as client number 9 and resigned from office after being caught in a prostitution scandal and looking for a second chance as new york city's con role toer. he's not the only one who wants back in politics.

congressman andy weiner who was caught tweeting pictures of himself. he's the leading mayoral candidate on top of the polls in new york city. and south carolina governor mark sanford who had an affair with an argentinian woman just won a congressional seat and they're engaged to be married. joining us, a republican blogger and fox news contributor and ben, editor at large with breitbart news. and author of bullies. who would have thought? life is so crazy. who would have thought you could be called client number 9 and images of you in your black socks and what's her name at the fancy hotel and the wife standing next to him, a bad picture. these guys, i don't think they

really know how to do anything else, they have to keep coming back because what else are they going to do? >> right. that's true. i just wish we could elect more women to office. sorry, ben. >> we don't want to get in trouble. >> we can agree they're all kind of icky, really? the difference between spitzer is icky as well as illegal. the things he did directly related to the job he wants to be. he wants to be comptroller in control of billions of dollars of new yorkers money. >> there she is. $4300. >> he doesn't handle money very well obviously and money wandered. hello. as bad as it gets. this is a.g. and putting the bad guys way for breaking the law and now he did it. not good at all. >> i put this question on twitter before and got interesting responses. how do you rank these three people in terms of bad behavior. it's revealing in terms of what matters to people, what people's

ethics are about this. who do you think is the worst in the bunch and why? >> the worst out of the freaks of the industry? i agree with dede, i would put eliot spitzer up there. he went after sex workers as he was paying for a prostitute. that, i think is inexcusable. mart martha, we live in a country where salvation from sin is something we believe in. i think our country says redemption is possible and that's why they support these men as they try to make their comeback. yes. another way i agree with dede is we need a tea party revolution. in the same weigh the tea party took over in 2010. can you imagine 2016, hillary clinton running for president, waves of women running to stop all these comeback kids and sex scandals out there and ones we don't know about because there are politicians out there afraid of their secrets coming out. >> the happiest in all of this is the "new york post" because they have so much fun with

anthony weiner and these headlines, the battle of the bulge and some i can't say and sit on the front of the newspaper in new york city. what do you think? redemption for these guys? is it right? >> the self-righteousness is shocking from this particular set of candidates. you have anthony weiner comparing himself to nelson mandela he just did the other day and eliot spitzer declaring the people have already forgiven him. we haven't been to the polls yet. >> except that one guy. >> we have to forgive them. >> we can't forget about david vitter a senator of a state, i believe, that just made all prostitutes register as life-long sex offenders and he is a senator who used prostitutes from louisiana. if there is a solution to this, it is trying to find women who will make better judgment calls in this arena. >> no. >> i think everybody has their skeletons in the closet. unfortunately in this media age,

it's tough to keep them, as anthony weiner found out, your twitter account is very very not private. >> that wasn't smart, icky. this is icky guys. look at weiner, doesn't mean he couldn't be a good mayor. he could be a gross icky guy and could be a darned good mayor. i don't think it's fair to put him in the same category as spitzer. >> interesting. >> oh. >> it was dumb but doesn't mean he can't get the trash and snow removed on time to be a mayor, which is the problem with quinn. he's number one right now. >> do you want to see him crawl through glass and tell us exactly why they deserve redemption and what process did they go through? >> let's let ben -- poor ben. let's let him back in here. >> i know the women the panel

are streamly upremely upset abo women because of the disgusting dudes out there. >> there are many more women who are --

back, we have brand new developments in that fiery train crash that decimated a town in quebec. investigators are focusing on the train's brakes as a possible reason for the fiery crash and more than 100 people forced out of their home because of the explosion are finally being allowed to go back home. look at that thing. 13 people were killed in the powerful blast and nearly 40 people are missing.

let's talk about this. there's growing outrage after tsa security agents singled out a severely injured veteran, treating the purple heart recipient like a possible threat as he went through security because he couldn't raise his arm. that, before another set of security guards at a courthouse told him his uniform had too much metal on it to go through the metal detectors. seriously. trace gallagher, live with more on this story from our west coast newsroom. we talked about this this morning on america's newsroom. it cries out for a little bit of intelligence and judgment on the part of these folks involved. >> can you imagine twice in one day? this is a marine corporal gravely wounded by a roadside bomb in iraq in 2004. he has very limited use of his right arm. you can see there, very highly decorated and those military

decorations are apparently a security concern. he went through burbank airport in la, no problems at all. he got to the state capital in sacramento where he was being honored as hero of the year he was asked to remove his dress shirt and said he couldn't without great difficulty. after a heated exchange between his security partner they finally allowed him in and got to the tsa airport and they ask him to raise his arms. he says he can't and goes through a 6 1/2 minute pat-down as others look on. his travel companion was so irate, what does uniform and heroism represent if our own citizen, employees of the tsa and security personnel have no regard for them. tsa responded by saying they try to accommodate wound vets but the rules a rule, saying, as is standard procedure for all

passengers, if travelers alarm when passing through a metal detector or advanced imaging unit additional screening is required in order to resolve that anomaly. it happened a couple times across the country and we reported on it. some of these airports are trying to adjust and it's happening again and again. so far, is there no national rule as to how to treat these wounded warriors. there's a lot of irate people. >> you have to have a manager and someone who has judgment in these situations and make a decision, executive decision obviously what is to be done with a hero like this young man. ridiculous situation for him and he is owed a huge apology by everybody involved. thank you so much. have you heard about hurricane season? because it is kicking off with a vengeance. tropical storm chantal zeroing on the eastern caribbean. janice warns us what could be coming right behind chantal if

you have plans over the next ten days, you will want to see what's going on out there. she'll be here soon. now, for the first time, the three young women who were held captive in a cleveland house of horrors, that is no exaggeration, they're breaking their silence and coming forward. their inspirational message from these three remarkable women is coming up. do not miss this. egypt, on the brink of chaos at this hour, as we learn 650 people have now been arrested. military in control now in cairo and that follows the clashes that left more than 50 people dead. what's going on here? where are we headed, folks? we have a great panel to tell you, coming up. geoff: i'm the kind of guy who doesn't like being sold to. the last thing i want is to feel like someone is giving me a sales pitch, especially when it comes to my investments.

you want a broker you can trust. a lot of guys at the other firms seemed more focused on selling than their clients. that's why i stopped working at my old brokerage and became a financial consultant with charles schwab. avo: what kind of financial consultant are you looking for? talk to us today.

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fox extreme weather alert right now. powerful tropical storm is racing through the caribbean right now and it is picking up some steam as it heads over the lesser antilles there. could there be some more action in terms of what's behind it? janice dean joins me now with a look at what's going on out there. hey, j.d. >> it's too early. typically we see action off the cape verde islands in august, september. having a look, we have one wave moving off and another one pushing off the coast of africa.

this could be a very busy season. this is chantal right now. we just got the update from the national hurricane center. 65 miles an hour sustained winds. 74 miles an hour makes it a confirmed hurricane. we're not far off. warnings from puerto rico and h hispaniola and lesser antilles as this continues to barrel through. it's moving quite fast but forecast to slow down once it makes it's way acrosses he spaniola the next 24 hours and across the bahamas and what happens after the bahamas is any's guess. that cone of uncertainty. it will stall off the shore of florida and south carolina. all interests need to keep watching. if this storm moves across the dominican republic, we have very high mountainous terrains here. the circulation could be torn

apart. that would be great news because it will lose some steam. however, if it michoves a littl southward it will have more time over open water and not going to move towards those mountainous regions and the whole track could be shifted. the next couple of days we have to hone in. this forecast widens out across the weekend. all interests in florida and southeast need to be monitoring it. unfortunately i think you will be seeing a lot of us weather folk over the summer and fall. >> not so great for those in the ra rain. we have breaking news out of egypt. here is a live look atta h tahr square in cairo. 650 people have been arrested during the clashes that left more than 50 people dead monday. the country's top muslim cleric, who backed the removal of president morsi warns that egypt, he believes, is headed

towards civil war. joined now by lisa, an analyst and journalist and fox news contributor and judy miller is a pulitzer prize winning investigator and author and fox news contributor, ralph peters. thank you so much for all of you being here. judy, let me start with you, in terms of what you're learning about what's going on, on the go around there. what's happening? >> this is clearly a very tense moment. a miami in which the military feels it has to assert it's authority. it has to tell the muslim brotherhood if they continue to resist what's happened, they will be killed, it's what happened in the mosque yesterday or they will be arrested. the muslim brotherhood is a top-down organization. the military is taking this step to prevent an all out civil war. >> lisa, we have talk about the different stages of revolution. you have the toppling of hosni mubarak and then you have this what looks to be now an interim

muslim brotherhood government no doubt is scrapping to hang on to some control in this situation. are we looking at a possible return to a mubarak style government where you've got the military backing their leader? >> it looks like the military is not going to be involved for much longer than just restoring stability to whatever government will now take the lead. it seems as though the interim government is extremely eager to remove the morsiisms, if you will, of the past year, and to move on. their approach has been extremely inclusive, to bring in the islam mists and muslim brotherhood and the only way to move forward and not have prote protests sprout up and have the country in perpetually revolutionary mode for months to come they have to include all these different constituencies

and that seems to be almost impossible. >> ralph, what is it? what indications do we have from the white house other than we're sitting back and looking and watching and assessing all of it? should it be any more than that? >> we need to get over our national narcissim imagining we can influence events. we can play on margins of events throughout the middle east if we do our homework, which we rarely do. if you look at egypt and what's happening, it will be a long time, decades before egypt can really modernize itself socially, even spiritually. you have to be patient. if i may make one point, the shootings on monday outside the military headquarters and near a mosque were absolutely provocation by the muslim brotherhood. there is no advantage to the military in firing on civilians. the military doesn't want to do that.

they were attacked. when the military's attacked in egypt or anywhere in the middle east, they will respond enforce. i agree with what lisa and judy said. the military doesn't want to govern directly, wants to protect it's equities but wants a civilian government as inclusive as possible. >> is there any hope, judy, as you look at this situation, when the muslim brotherhood ended up winning this election, the world sat back and said, they had an election and the muslim brotherhood won and there want an acceptance of that. then they went on to behave in a way that wasn't at all what they campaigned on. cracking down on journalists, cracking down on christians, taking away the freedom of the press in the country. lots of surprises, guess they weren't to everybody but not exactly what they campaigned on, as i said. is there a possibility a democracy, a better alternative emerges for egypt and how-li liy

is that? >> i think there is a possibility now because we have had this terrible experience in egypt with the muslim brotherhood. egyptians dpi s figured out isl the solution is just a slogan. they're interested in restoration of political stability and economic growth, which is why the appointment of the prime minister is so important. an economist, pragmatic guy, inclusive, a man of principle. egypt's economy needs to be restored. they had 6-8% growth rate under mubarak and can do it again. >> abysmal economy under morsi. lisa, are you hopeful for not for the future of egypt? >> in the long run we should all be helpful, the people of egypt give us the message if we didn't do our homework and they have come out and letting the world know they want freedom.

they want a healthy economy, want to have jobs and food on the table. that's what this revolution is about. we can't import democracy. that's not what this is about. about really giving stability and political stability and economic stability and egypt can go back to being a strong country. that's in our interests as well and we have to remember that and not cut the aid and allow them to nation build. >> ralph? >> i am egypt in the long term. in short term, it's messy. what the u.s. should stop doing. get over our cult of earlier immediate elections. these societies after centuries of oppression need time to develop civic institutions, sense of social responsibility, rule of law and independent jis judiciary, when you have elections before the country is ready you get what happened in iraq, afghanistan, tunisia and egypt.

electronics ai elections are a tool of democracy, not democracy itself. >> easy to say, oops, they had an election, all good to go. great to have you here today. coming up next, silent no more. three women who had only each other to rely on in a horrific life for 10 years, have now stepped out to speak about what it was like and what keeps them going today.

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their incredible awful story gripped the nation. three ohio girls who were kidnapped as girls and held prisoner as they turned into young women. they were held in a house of horrors. but now, amanda berry, gina de jesus and michelle knight have broken their silence. they did it in this way. they put out a youtube video because they wanted to thank everyone for their ongoing

support and outpouring of kindness they have received. this is the first we have seen them since their dramatic escape earlier this year. their rescue, leading to cheers and joy in the streets in cleveland. here now is their incredible message to the world. listen to this. >> first and foremost, i want everyone to know how happy i am to be home with my family and my friends. it's been unbelievable. i want to thank everyone who has helped me and my family through this entire ordeal. everyone who has been here to support us has been a blessing to have such and outpouring of love and kindness. i'm getting stronger each day and having my privacy has helped immensely. i ask everyone continue to respect our privacy and give us time to have a normal life. >> gina, if you could say something to each and every person out there who contributed money to your funds to help you, what would you say to them?

>> i would say thank you for your support. >> i'd like to thank everybody who donated to the fund for these girls, all the body, everybody that donated. i'd also like to thank the families for having so much passi passions and faith and the strength to go along with us. >> i would like personally to thank the courage fund, everybody in general. i'm also saying my community, my neighbors. every single one. they know who they are. awesome. so, people, i'm talking not just people but parents in general that does have a loved one missin missing, please do me one big favor, count on your neighbors. don't be afraid to ask for the help because help is available.

>> thank you, everyone, for your love, support and donations which helped me build a brand new life. i just want everyone to know i'm doing just fine. i may have been through hell and back, but i am strong enough to walk through hell with a smile on my face. and with my head held high and my feet firmly on the go around. walking hand-in-hand with my best friend, i will not let the situation define who i am, i will define the situation. i don't want to be consumed by hatred. with that being said, we need to take a leap of faith and know that god is in control. we have been hurt by people but we need to rely on god as being

the judge. god has a plan for all of us, a plan that he gave me was to help others that have been in the same situations i have been in. to know that there's someone out there to lean on and to talk to. i'm in control of my own dest y destiny, with the guidance of god. i have no problems expressing how i feel inside. be positive. learn that it's important to give than to receive. thank you for all your prayers. i'm looking forward to my brand new life. >> she is. >> thank you. >> looking forward to her brand new life. what a story that has been. meanwhile, the man who's accused of holding those girls prisoners of holding those girls prisoners basement of his house, boarding up his doors so they couldn't escape. ariel castro has pleaded not guilty to 329 counts.

mike has the latest on the case and how it's going. >> you said it. 329 counts and the crimes range from kidnapping to aggravated murder. the murder charges relate starving and beat one of the women until she miscared the baby and the charges could continue to file up. the grand jury's return only relates from 2002 to 2007, and they plan to go back from 2007 until they were released. castro's plea has been not guilty. unless he wants to strike a deal. the prosecutor's office says in the event the defense wants to talk to them they, quote, are ready to have that discussion's a plea deal. that video released just rind around midnight gives us an impression, how are these

victims dollar. michelle knight, kidnapped in 2002. treated for injuries. amanda berry, just before he 17th birthday, she gave birth to a daughter by castro. he asked the judge if he could see his daughter. the request was denied. inin dejesus, kidnapped when she was 14 years old. castro is said to have been to a prayer service for her when she was missing. jury selection is august 5th. if the defense wants to waive the right to a speedy drill it -- trial it could be delayed. >> mike, thank you very much. we'll be right back. 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.

multigrammy award winner randy travis is in critical

condition at this hour. the popular country singer landing in the hospital with a serious heart problem. trace gallagher is live on this with more details today. hey, trace. >> his sister just confirmed randy travis has now undergone heart surgery but the hospital will not say how the heart surgery went. we know he still is in critical condition. he is suffering cardiomyopathy which means your heart can't pump the blood your body northeasts. it can be caused by extended high blood pressure, excessive use of. alcohol or a virus. if it is a virus, doctors say it's often very difficult to fight because it comes on so quickly. here's what dr. mark siegel said today. >> we use something called afterload reducers where we take the pressure off the heart. diaeretics, water pills to get the water out of the system. >> doctors say a third of patients actually get better, a third get worse, and a third do not change at all.

last year alone randy travis was arrested for public intoxication and a domestic dispute involving his girlfriend and her, husband and was arrestedded for drunk driving when he was found naked in the road and threatening polices. he was sentenced to probation and rehab, and he finished rehab and said he was clean before this all began but right now he is in very, very bad condition in a dallas hospital. >> all right. thank you, trace. we'll keep close tabs on it. all right, coming up, gun expert has taken the stand in the zimmerman murder trial, giving the defense a boost today, saying the forensic evidence appears to support zimmerman's version of what happened when he fatally shot trayvon martin. be right back.

block. >> a milestone in the repair work at the washington monument which suffered damage from an earthquake nearly two years ago.

the national park service holding a special ceremony to relight the landmark. it will be illuminated from inside and is set to re-open next spring. thanks for watching. see you back tomorrow morning at 9:00 a.m. "studio b" with shepard starts right now. >> there is break news now on fox news channel, first from fox at 3:00, an expert on gunshot wounds today seems to be giving a big boost to the defense in the murder trial of george zimmerman in central florida. his testimony suggests that trayvon martin, the young man who zimmerman admits he killed, may have been on top of zimmerman when he pulled the trigger. and nationally renowned gunshot wound expert testified for the defense today. dr. vincent dimaio has 40 years of experience as a forensic pathologist, charges $400 an hour. on the stand today the doctor said foren