and without you, we can't lose. >> jack, he was a shoe in. >> you have a super, duper, awesome day. thank you for joining us. >> america live starts right now. >> we begin with a fox news alert. president obama in a critical juncture in the growing debate over the health care law. today once again trying to sell the legislation to america. i am allyson camerota in for megyn kelliy. the president talked about the benefits, after the house republicans voted to delay two critical components of the law. >> insurance companies will compete for your business. and states that are working hard to make sure this law delivers for their people, we are seeing that consumers are getting a hint of how much money they will potentially save because of this law.

despite all of the evidence that the law is working the way it was supposed to for middle-class americans, republicans in the house of representatives voted for nearly the 40th time to dismantle it. sometimes, i just try to figure out why? maybe they think it is good politics. part of our job is not always to think about politics. >> the president is hoping to counter act series of negative headlines, this one from forbes. labor unions obama will shatter our health benefits cause nightmare scenarios. and concern more restaurants replace full- timers concerned about insurance. >> and white house has known for months obama care implementation

wouldn't work. we'll have more from health care kathleen seb illous. president obama made the case that the affordable care act was doing what it was designed to do. offering choices and a check on rising health care costs. but clearly he and the people in the white white have heard from the unions and business owners and employees that they are not convinced that obama care is doing just that. here's more on what the president said today. >> this is a big country, and the health care industry is massive and there is tons of providers, and so as we implement, there will be glitches and certain states for political reasons are resisting implementation and we are steadily working through all of

that stuff. >> the president said some on capitol hill want the law to fail. but law makers on both sides are concerned about the americans insuring the uninsured. >> people understand you can't have things you can't pay for. this is a bigger costs to the program than what people anticipated and has far- reaching te knackles. >> the obama health care law is fundmentally flawed and the administration admitted it was not ready to be implemented. >> the president contends that there was this kind of impasse and push back from law makers and others when programs like medicare and social security were implemented. once those programs were up and running, people realized a pretty good 2k0e8.

both programs face budget and soladvancy issues. >> molly, thank you for that background. health care secretaries setting off a whim controversy in the naacp, said those against obama carry. >> that is the most affordable law since medicare and medicaid was created. same year the voting rights act was enacted. the same arguments against change and misinformation that opponents used are the ones that opponents are spreading now. this won't work. it will destroy the health system. we have to slow down. we have to wait, they said. >> so that wouldfe the majority of the country then, the latest fox news poll finds that 66

percent of the americans are worried about their health care and that is up 15 points from just one year ago. host of power play. chris, hi, chris. >> how are you doing, ally. >> secretary sebilous said everyone needs to stand up to the critics of obama care the way they did to listening in the civil right's era and opponents of desegregation, that is inflammatory analogy. >> it is and telling you where the administration's head is at for sure. when the president today, this is something he has penchant for doing. the only reason anybody would say anything about the law is for political reasons. the president is questioning their motives.

people say it is a train wreck. and it is good politics and everybody knows it is a good law and anybody who questions that is wrong. sebillous is taking it a step further by saying that those people are cynically motivated and equating their resistance to the resistance of people who opposed the known 65 voting rights act. that is a heinous thing to say. >> it is tone deaf terms of public opinion polls. i am reading one from gall up and we cited our own fox news poll, that americans are growing more concerned as they hear more about the affordable care act and people are worried about the affect it has on their lives. >> gosh, yes.

it will likely get more so. and we have not seen as the poll you showed, we have not seen the perceptions of the law change very much since it first came out. the president gave dozens of spoechs and talked about it. the problem and this is why sebillous ratcheted up with the na a cp. they have to get as many human beings signed up for the new entitlement program on october 1st, or they will be in big trouble. not only because they want it a permanent thing and they need enough people enrolled. but she wants the folks in the na a cp to sign up. they are involved and holding jobs and doing work in the communities and involved where they live, she needs those folks to be stake holders. you may have reservations about the law, but you signed up for

the new entitlement program is tanned amount for you fighting back against jim crow and the segregated south. times are getting desperate for the administration. >> on the flip side. the president spoke about the affordable care act and he said it is working and insurance companies will have to compete for your business and cited new york state as a great example of where premiums will drop substantially thanks to obama care. you pointed out in power play, you can't use new york as representative of the whole country. >> you mustn't. it is most expensive in the counsel row. they have said in new york. you people, that every insurance company must insure everybody who wants health insurance, what that has caused is a sick pool of insurance ricks. that means most expensive

insurance in the country for a reason. the law will help cut that down because it forces people to purchase insurance and bring healthy people in the poll and bring the rates down. new york may drop in half. ohio is more representative where they are showing a 88 percent increase for people who soak insurance on their own. >> i am glad i live in the new york area. i know you are a big fan of sharknado. and so is karl rove and his outfit american cross roads. they have seized on the popularity of the shark nado. and they are calling obama car nado skchlt here is their latest ad. >> obama care nado. just when you thought it was safe. >> nearly sen million americans could lose the employer based plans. >> many people have seen higher premiums.

>> no one is safe from its wrath. >> doctors are turning more seniors away. >> dumdum care. >> it is wonderful for ameri-- care. >> and maybe a little over the top. and they are having fun. who doesn't love hyperboly. >> and thank you, chris for all of the insight. you bet. >> well, today we are hearing from an alternate juror in the george zimmerman trial and revealing the brake down of evidence and how he thinks that the jury came to the decision they did, hi, phil. >> the second juror to come publicly on camera and talk about the experience is known to us as juror e54. he tells us that he would have

voted not guilty had he been in the deliberation's rom. co for him was the bloody photographs of george zimmerman and he believes that the scream on the 911 call was george zimmerman. and he gives a lot of weight to the initial police call where zimmerman described trayvon martin suspicious and followed the teen. >> i think that was key to his mentality at the time. there was a lot of emphasis on whether he was showing ill will or spoit or hatred. i didn't so that and no evidence to support that. >> you didn't think he was profiling? >> no. i think he characterized trayvon martin as a suspect, as

a suspicious person and that was all. the juroror spent two nights in the marriott on the 10th floor. we were also there and my producer took the photoof the privacy partition blacking the access. there was bowling and manicures and visited the ripley's mu so many believe it or not and saw world war z and lone ranger. the total cost was 33 grand. >> and it is always fascinating to hear what the jurors were thinking. and he had more to say about the points made by the defense and prosecution. we'll play you much more of his remarks and what else he had to say about the verdict that came down. and growing fears that america is providing direct assistance to terrorist.

the aid is not to syria may be winding up in the hands of al-qaeda. one law makers suggest that the u.s. boycott the u.s. olympics in russia after edward now den applied for asylum there. i'm here at my house on thanksgiving day,

and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore.

>> is the side winning? >> currently, the tide so manies to have shifted in his favor. >> do you agree with that? >> i say specifically the tide has shifted in the material and western. but fragile in the north. >> is he winning over all or not. >> i would say the regime is winning but not by much. >> that was senator graham questioning the military officials on theitate of the syrian war. this comes as senator paul is warning that obama arming rebels

that puts arms in the al-qaeda. he points out one of the strongest rebel groups battling the assad rejoem is an al-qaeda affiliate. john bolton is a fox news contributor. do you agree with ram paul's assessment that if we were to arm the syrian rebels as has been proposed we would be putting weapons in the hands of al-qaeda. >> if you identify the commanders and gave them weapons, there is no guarantee that 30 days later those weapons would not be in al-qaeda's hand. no one has control over the opposition battle space. >> isn't that the case with civil war? we can't guarantee the weapons stay anywhere. what is the plan? how else do we do it? >> the administration's plan i

think is wrong. i don't think it is advisable to provide to the opposition. two years ago it might have made sense. but we are long since past that point. >> yet 100,000 citizens have been killed in the three- year uprising and it makes americans uncomfortable to sit on our hands and watch children massacred and watch what is going on there. what are we supposed to do? >> people so the tragedy and makes them uncomfortable. the question is how to prevent it without massive american involvement. no one favors the assad government. and aiding the opposition could end up with the weapons in the hands of al-qaeda and perpetuate the war. the russians and iranians have been supporting assad from the

outset and as of now, they are holding their own and may be making progress. >> what should the u.s. do? >> focus on what is our main interest. it is insures that assad's chemical weapons don't get outside of syria and in the hands of terrorist. it is a tragedy, we don't have the power to stop it without a kind of intervention that no body is advocating. >> powers, the president's nominee said it is unlikely that the un will not take action. it is disheartening. >> i don't think you should be disheartened. the unighted nations is the sum of countries. and russia is determined to cope assad in power. russia has had that view for two

and half years. >> were you surpriseed to hear that exchange between senator graham and general dempsey. and he said assad is wenning and today it is. >> and it is notes inially likely to continue. it has gone up and down over the course of two years. what is significant is not only the game forces loyal to assad has made but there is al-qaeda and other terrorist are fighting the western oriented opposition and that fragmentation and internal strife in the opposition could be fatal as the syrian government moves to take advantage of it. >> ambassador bolton, thank you for being here. >> and the a co witness in the

bulger trial is found dead. what police are saying about his death and new evidence that the nsa is not the only ones building a database. we are learning about a popular new tool and collecting and storing your personal information. >> i think it is a good idea. you have nothing to hide, you don't have going to worry about it. >> this is not a police state. it is a democracy and we are governed by the law and the constitution. members of the american postal worker's union handle more than 165 billion letters and packages a year. that's about 34 million pounds of mail every day. ever wonder what this costs you as a taxpayer? millions? tens of millions? hundreds of millions? not a single cent. the united states postal service doesn't run on your tax dollars. it's funded solely by stamps and postage. brought to you by the men and women of the american postal worker's union.

>> here's an interesting story developing out of boston, police confirm a key prosecution witness in the whitey belger is found dead. he is accused of playing a role

in murders over two decades. the body of stephen rakes found on a rod. he was supposed to testify that bulger threatened him to turn over the liquor store. he waited decades for a chance to speak. >> so let's end it. >> he has his day and we'll so what the difference is. compare them tis not a problem. >> there is no word on the cause of his death. >> police say there are no obvious signs of trauma to the body. >> now developments on just who is watching you at all times. a disturbing new report shoes that police are tracking the driving habits from the daily community or rod trip it is recorded and shared and stored. trace ga lla gher is outside.

what does this mean, trace? >> they are using cameras to scan your license plate and as the technology gets cheaper, those cameras are much more ubiquitous. the cameras can be anywhere from the top of the track lights to the surrounding buildings and even on the squad card themselves whether the car is moving or sitting still. the cameras are so precise. they can process thousands of license plates and it is up loaded in a police database. it is not only the plate number they are getting, they can know where you were and when. the supreme court ruled that for the police to track with a gps they need a warrant. but with the cameras, there are very few guidelines and the aclu is fighting back and asking the police deleting the records of

cars not linked to crime. >> it implicates the civil laboratory of privacy. it is an invasion of privacy. >> yeah, police contend they use the things to fiend stolen cars and catch the bad guys and even to fight terrorism, but a lot of people are not buying that. the thing is, they can tell exactly where you were and when you were there. were you going to the psychiatrist or frequenting a bar or having an extra marital affair. they are called into this. and right now, the public on this is pretty much largely split, listen. >> i think it is a good idea. i feel like if you have nothing to hide you don't have to worry about it. >> they shouldn't do that. it is not a police state. we are governed by laws in the constitution. >> certainly in the coming

years, you will see more cameras. but the question is will the legal guide leans stay up with the technology in this case? >> the technology has outpaced our feelings about this and whether or not all of this is legal. thank you for that story, trace. >> we told you earlier about an alternate juror in the george zimmerman murder trial and sharing about the points made by the defense and prosecution after listening to every minute of the courtroom prosowings and one u.s. law maker calling for historic action, suggesting that the u.s. should boycott the olympics in russia if they offer asylum to nsa leaker edward now den. >> and taking a hands on approach to campaigning. should a mayor who groped

constituents and his staffers keep his job. we'll have a fair and balanced debate. >> i am a hugger of both men and women. hi, i'm terry and i have diabetic nerve pain. i worked a patrol unit for 17 years in the city of baltimore. when i first started experiencing the pain, it's, it's hard to describe because you have a numbness... but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. when i went back to my healthcare professional... that's when she suggested the lyrica. once i started taking the lyrica, the pain started subsiding. [ male announcer ] it's known that diabetes damages rves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions.

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>> we're hearing more from the

alternate juror in the george zimmerman murder trial. the juror speaking not only his perception of the prosecution and defense, but the protest that followed the verdict. take a listen. >> what did you think of the verdict. >> i supported the verdict. i agreed with it. was there anything in the evidence, in the testimony that really came out at you? >> i think that the things that i focused on when i was doing the deliberation was the 911 call. and i picked up things out of rachel's testimony and trayvon martin's phone records and her phone records when they were talking. nrachel is the friend that trayvon martin talked to before the shooting, correct? >> correct.

>> and the ear witnesses and the one that heard the noises, they helped me to fill the gap. and then the eyewitnesss, and i think the one thing that stands out the most is the injuries to mr. zimmerman. >> what did you think of neighbor john good's testimony. mma style ground and pound. >> what i got for that is the motions that he saw. whether it was ground or pound or mma, that was not relevant to me, it was the motions and the fact who he saw on top and who he thought was on the bottom, they were more relevant features of the testimony to me. >> did you think that rachel was credible? >> i did pick up credible information from her. yes, i think she was. >> whose voice do you think was on the 911 call? >> i personally can't tell you

who it was. but from the witness' testimonies, and from the injuries to george zimmerman, i believe it to be him. >> you believe it was george zimmerman. >> yes. >> you would have voted not guilty? >> correct. >> what did you think of the juror that spoke out. did you see that interview? >> i did. to be honest with you. i was surprised anybody could come out that quickly and talk about this. i know when i was done and released and asked about what i thought, i didn't know where to start or say and i was surprised she came out quickly as she did. i am not surprised it was her that came out, but you know, i just think it was too soon. >> what is your reaction to all of the protest and demonstrations and talks of a civil right's complaint now?

>> i just don't understand the civil right complaint. i didn't so the evidence there in the courtroom that would make anybody believe that there was a civil right's case for this. protest, people are going to be angry no matter what the verdict was and there is nothing i can do about. that i hope they are peaceful, and you know, just do it calmly and best they can. and there is not destruction and hatred and not a lot of anger toward the jurors. >> when you heard the verdict, what went through your mind and how did it make you feel? >> what went through my mind, i thought that it was an accurate verdict and the next thing that went through my mind was how hard i know the ladies worked to

reach that verdict and i was proud of them for looking at the evidence and knowing what they did to come up with the verdict. >> what was your reaction to being a alternate? >> disappointed. i would have liked to be in the room with the other five ladies and having a chance to talk about it. we couldn't talk about it was a whole time. and it would have been good to see what they saw and what i saw to compare, and to deliberate. i wish i had that opportunity. >> from the new's perspective. key witnesses whether it was john good or rachel, who to you were the key witnesses? >> one key witnesses was george

zimmerman in the emergency call. as far as i could tell it was direct evidence and how he was communicating. and i think that was key to his mentality at the time. there was a lot of emphasis on whether he was showing ill will and spite and hatred. i didn't so that or any evidence in the phone call. >> you didn't think he was profiling? >> no, no evidence to support that. he characterized trayvon martin as a suspicious character and suspicious person and that was all. >> b37 criticized zimmerman for not going back to his car? what do you say about that? >> you know, i think at the time

he was trying to keep an observation and not being confrontation, he had a right to be where he was and i don't have, i don't think he had to go back to his car. >> was it tough to look at the pictures of trayvon martin's board and listening to the 911 calls and listening to whether it was him or zimmerman? >> for me, it wasn't. i was just focused on what i was hearing and seeing and not what it was and who it was. >> and did you ever look at the families when all of that was going on? >> no, no. >> purposely? >> yes. >> what was the purpose of that? >> out of respect for them. you know it is hard enough for

them to see it. and you know, i had no right to look and see how they were reacting. >> always fascinating to see what the juror was thinking. >> and a law maker called for historic action after nsa leaker edward snowden. why is senator lindsay graham made that call. it was a touching store tore. a congressman unighted with a long- lost daughter and a spirited debate over a push to get people to watch their waist line:

senate are graham the suggestion that the u.s. should boycott the olympics. >> we are continuing to work with the russian government and other nations in this matter. we hope to so mr. now den return to the united states. i will not engage in speculation about that. the olympics are a long way off. >> and russia considers asylum. senator graham is looking to put pressure on vladimar putin. the next boycott is possible if assists snowden. >> it is more than just snowden.

>> let's talk about this. tell me about your suggestion of the boycott of the olympics? >> it is the last thing i want to do. someone asked me would you consider boycotting the olympics if they granted snow dep. do i want to reward putten if he continues to do what he is doing? they have aligned themselves with iowa ran to support assad and syria who is butchering his own people. i asked the chairman of the joint chief of staffs, if the russia ns pulled their support away from assad would it help. a year from now he's still in power and our altkv] of the kidnapping of michael jordan could be te supposed and iraq is you falling apart and hesbollah,

a radical shiite terrorist organization is helping assad and trying to get weapons that russia is selling ah sawed to use against israel. they are not helping stop the nuclear program. should we reward this kind of behavior by allowing him to have the propaganda of hosting the olympics? >> you make a compelling case of why russia is a bad actor and why we should not award putin. how does boycotting and hurting the athletes? how does that change putin. >> it would matter to the russians and should we have begin hitler the olympics in known 36. and i am not suggesting that russia is germany. but would you have the olympics

iran? >> should we allow a country like russia who engaged in bad behavior all over the world to be rewarded with hosting a game of peace? i don't want to destroy the lifetime goal of athletes, i want a world not about to blow up. and i want russia to change and if you have a better idea of how to handle putin let me know. he's running all over us and the world and i am willing to stand up and make it hurt in >> this is what speaker john boehner said in response to the proposal. septemberor graham is dead wrong and he asked why the u.s. would want to punish athletes who trained for years over a traitor who can't find a home. in other words, pulling them out of the olympics elevates now den on a level he doesn't deserve.

>> it is not snowden alone. it is russia aligning with iran and allowing ah sawed stay in power and hurt the interest in the middle east. how do you get people's attention? what are we doing to putin? i don't want to punish the athletes, but i don't want to reward putin. would you go to the olympics games in iran? >> i would not. >> would you take an invitation to putin to sit in the box of the olympics games. >> by our athletes going to compete we are beholden to him? >> no, i think you are elevating and giving him a propaganda. look what hitler did in 1936. he hosted the olympics games and reading the reports out of nazi germany. they sold to the world something

they are not. the olympics games are used sell themselves. should we be a part of selling russia for putin? and empower him next winter if he continues to help assad murder the syrian people and supply weapons to assad that are used by hesbollah and iran and if he gives snowden asylum, should we give our good house keeping seal of approval on the games he is hosting. i don't want to stop the olympics, but i want to stop putin. what is going on in the world because of russia is very dangerous. the world is blowing up and russia is one of the reasons for it. >> senator graham. thank you for your perspective and we'll so what your colleagues say. >> i am not open to doing what we are doing. obama up your game. he is walking all over the obama

administration and they need to push back. >> got it. thank you for captaining on. >> the taliban adding insult to injure. a top leader writes a leader to a writes a letter to a 16-year-old education activist, you know her and blame her for the group's attack that nearly killed her. the taliban's explanation is next. a strange new twist in the story of that congressman in his 60s caught texting with a 24-year-old described as a blond bombshell. he claims she is his daughter. now the paternity test results are in. nouncer ] your kids make great things. so give them a tasty, wholesome snack that has eight grams of whole grain... and is now made with real strawberries and bananas. honey maid teddy grahams. two new flavors now made with real fruit. what are you guys doing? having some fiber! with new phillips' fiber good gummies. they're fruity delicious! just two gummies have 4 grams of fiber!

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tennessee congressman steve cohen back in the spot light.

you may remember he was thought to be involved with a younger woman. he came forward and said she was his daughter and they even took a paternity test recently. now the results are in. trace gallagher, live from the west coast bureau with more. i can't wait to hear the results. >> and the father is -- hold it -- i have to give the rest of the back story. the reason we first thought congressman cohen was involved with a younger woman was because at the sta"state of the union" address back in january, early february, he sent out these mysterious tweets to that woman a 23-year-old bathing suit model named victoria. it said victoria, pleased you are watching jliu which means i love you. and the second one said victoria, nice to know you're watching the state of the union. happy valentine's day, beautiful girl. again, i love you. when pressed on it, cohen said the tweets were actually sent to his long lost daughter.

what happened was he googled her mom, found out she had a child, did the math and the math seemed to be pretty accurate. the mom apparently didn't dispute it because it threw the entire brink family for a loop. then the paternity test and cohen is in fact not the father. cohen says quoting here, i was stunned and dismayed. i still love victoria, hold dear the time i have shared with her and hope to continue to be part of her life. victoria brink says the results show the reports show steve is not my biological father and a crazy thing that is overwhelming stressful, a roller coaster and finally, john brink, the texas oilman, the one who raised victoria brink, he is the biological father and he said, quoting here, i changed her first diaper, i cut her umbilical cord, no, i could not doubt that. here's the thing, still no word from the mom. you would think the mom would have been able to clear this up

in the first place but we had to wait for the paternity test to find out. >> curious. trace, you have a future. if maury povich ever really hangs it up, you have a future in the paternity test field. i can tell you right now. >> thank you. >> with that suspense built in. that was really well done. >> good, good. >> see you soon. we are expecting new developments today in the political targeting scandal at the irs as an administrator from that office has been blamed for this practice. prepared to explain why they are refusing to take the heat and passing the buck. we'll look at what we're hearing so far and debate what this could mean for the ongoing investigation. as the doj asks the public for any information that could potentially be used to charge george zimmerman with a hate crime, we'll ask former attorney general alberto gonzales what he thinks and when he thinks this investigation will finally come

to an end. >> what the department of justice is doing here is going the extra mile to ensure there won't be any criticism of the department they didn't move forward with a legitimate civil rights case. from my perspective i think it's highly unlikely they will move forwa forward with any kind of prosecution. [ mom ] with my little girl, every food is finger food.

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it's durable, cloth-like and it's 3 times cleaner. so ditch your dishcloth and switch to new bounty duratowel. the durable, cloth-like picker-upper. fox news alert from capitol hill. new testimony in the irs targeting scandal. it's a brand new hour of american live. i'm alisyn calmmerota in for men kelly and they try to find out who is responsible for ordering special scrutiny practices for the irs and testifying is the employee who called it a nuclear strike after lois lerner tried to pin the scandal on her department. today, miss hofacre says political higher-ups were behind

the targeting, not just the agents. >> miss hofacre, i'm from dayton near you and i was personally offended when it was placed on rogue employees from cincinnati. what we now know from you and mr. hall definitively under oath is that was not true. if we had stopped this investigation previously we would just have the from the irs this was a rogue employee from cincinnati. how did you know that was not rogue agents in cincinnati? >> sir, i was deeply offended and it impugned my reputation and those of other federal employees. >> mike is following this for us on capitol hill. what's the latest? >> reporter: hi, alisyn, lawmakers are handling two key officials who handled the conservative group tax-exempt status, one from cincinnati and the other from washington and

both suggests they were micromanaged tea party applications by higher-ups here in washington and the narrative, as you just heard was this was all about a couple of rogue agents in cincinnati. >> did you and other people in the cincinnati office feel that they were being unfairly blamed or used to excuse this political activity that was going on in the washington office? >> i can't comment on what others -- but personally, i felt like it was a nuclear strike. i felt they were blaming us. >> let's take a live look at the house oversight irs hearing as lawmakers try to get to the bottom of the irs mess and a fair amount of partisan bickering and one challenged daryl issa and said this was the targeting of the president's political enemies in an election year. >> when the chairman caution us to w hold judgment and be

careful, words mean something, i wonder whether the chairman wants to retract his own statements including that one i just read on television. mr. chairman, i yield. >> i thank the gentleman. i look forward to seeing evidence progressive groups were treated equally harshly and delayed and anything more than looked at. >> both democrats and republicans are saying they want the truth and they are willing to follow the facts, but along the way, there is a fierce amount of elbowing. alisyn. >> it sure sounds like it. mike emanuel. thank you. irs employees from that cincinnati office pointing the finger back at washington that the scope of the targeting extended from the tax agency's highest offices. let's bring in the executive director for the american center for law and justice. great to see you. >> thanks, alisyn. >> sounds like you and i have to play a little bit of the chase the blame game here, the pin the tail on the higher up because

everybody's pointing fingers in different directions. here's what we know. elizabeth hofacre there says it was not her, not a rogue agent in cincinnati, a higher up, i think she pointed towards carter hall, a 50 year long irs specialist who says he also got directives from higher-ups to give more scrutiny to these conservative groups. where does this end? >> there's a good indication when people don't take the fifth amendment, alisyn. when carter hull decided to testify and testify in full as he did today, it changed where the focus was. the focus was lois lerner who took the fifth and still very much involved in the finger-pointing towards her. but what carter hull had that came out last night explained further today, that one of the only two people that the president is allowed to appoint in the entire irs, that that office, the chief counsel's office which is led by someone

who has long connections to democrat politics, he was the chief counsel for the senate finance committee under democrats when they controlled the u.s. in the '80s, his office, carter hull says, was responsible for this stalling and all about starting around the 2010 election cycle. what does that mean? the president selected the person whose office is in charge for stopping the tea party groups from moving forward in the approval process. >> do we know that person's name? the chief counsel officer? >> sure. it's william wilkins. he has a long history in washington d.c. the chief couple of the irs. he's been in private practice. he's worked for democrats. he's a known partisan. you can do that and be appointed by the president. he was confirmed by the senate. there's only two people, alisyn, at the irs who the president gets to choose. isn't it interesting that one of those two is now responsible, his office, that he overseas, at the washington d.c.

headquarters, is carter hull is telling us, who is very senior, 48 years of experience at the irs, that it wasn't him who wrote those horrible questionnaires. he in fact was opposed to them. it came out of the chief counsel's office and lois lerner's office, the tax-exempt office. >> in fact, what carter hull testified to, it was the first time in his 50 year history at the irs that he was forced to send this paperwork through the chief counsel's office and through lois lerner's senior advisor. he'd never seen scrutiny like this. in fact, he resented that the autonomy or whatever was being taken away from him or at least the protocol and it had to go through the senior advisor. that raised a red flag. we should be able to get to the bottom of this. now that we have carter hull's testimony and we have a name and even though lois lerner pled the fifth and didn't give information, we should be able to at some point get to the bottom of this or is this just going to be bogged down in bureaucratic finger-pointing and nobody will ever be held

responsible. >> instead of this hearing taking a couple steps forward and finding out information, i think we've gone up flights of stairs. we now know someone the president is directly connected to was responsible for the delay of the tea party applicants, the 9/12 applicants and we know who wrote those questionnaires, it wasn't carter hull, it was lois lerner and the chief counsel staffers named by carter hull, he named three more staffers, senior attorney at the irs the chief counsel overseas in his office and the yield we heard from one of the democrats on the committee this isn't about politics her to president, partisan politics, this has got to be stop. let's be honest here. everyone has said this was all about partisan politics, only happening to conservatives, there's no evidence anything ever happened to a liberal group. elizabeth hoffacre said if a liberal group got caught up in the net they made her cast, she sent it back to the normal

process. >> how much longer is lois lerner going to be able to collect her paycheck without testifying or providing information? >> the law on that is horrendous, lawmakers looking at chan changing this how they can do this and doesn't affect their pay or job. she's finally not able to access her computers. we don't know how long and they could be going through the firing process. the big question, will lois lerner, maybe she was cautious at first, because of carter hull, is she going to cut a deal getting immunity from criminal prosecution wouldn't involve a civil suit. if she testifies imagine the names she could name if carter hull was able to come out today with this new information. >> jordan, great to talk to you. thank you. >> thanks, alisyn. a major ruling in a custody battle that went all the way to the supreme court. it was over this 3-year-old girl. we've been following her story, a south carolina couple raised

her from birth believing they would officially adopt her from her unmarried biological mother. but when the girl a's biologica father came back from serving in iraq he decided he wanted to raise her. trace gallagher is live in our west coast bureau with more on this. >> despite the fact the biological father, dustin brown, surrendered all his rights to veronica and not involved with the mother during pregnancy and paid no child support at all and only 2% cherokee, he argued under the federal indian child welfare act she was legally his daughter and south carolina courts agreed giving him custody and taking her away from the couple that raised her for the first 27 months of her life. the supreme court ruled the indian child welfare act was meant to prevent native-american children from being taken away from their homes and placed in boarding schools and foster homes as was happening in the 1960s and '70s. the law had no bearing, the

court said, on this case. they sent it back to south carolina and the south carolina supreme court now ruled that veronica goes back to the cou e couple, who said, i'm getting here, we are thrilled after 18 long months our daughter finally will be coming home. we look forward to seeing veronica's smiling face in the coming days and will do everything in our power to make her homecoming as smooth as possible. the cherokee nation, not happy. they issued a statement, saying, again, quoting here, we are outraged and saddened that the south carolina supreme court would order the transfer of this child without a hearing to determine what is in her best interest. dustin brown is a fit and loving parent and veronica is, as the court previously defined, safe, loved and cared for and that should be enough. we should note that the birth mother of veronica is very pleased that she is going back to live with the couple. it appears after many many months and a lot of court

battles this thing is finally ending. >> it is complicated. trace gallagher, thank you for that. as the doj asks the public for tips it could potentially use to charge george zimmerman with a hate crime, former alb t alberto gonzales weighing in what he thinks about this. and as the president pitches his signature health care law, rally cries from the unions worry this will mean fewer full time jobs. we'll look whether the remarks today are calming any nerves. plus, the mayor of san diego accused of taking a hands-on approach. should he stay or should he go? we'll debate that. >> i expressed myself demonstrably. i'm a hugger of both men and women, and if it turns out that that -- as it turns out, that those are taken in an offensive manner, i need to have a greater self-awareness about what i am doing. [ female announcer ] it balances you...

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growing questions today about the justice department's pursuit of george zimmerman pressure growing from civil rights groups to file civil rights charges against the former neighborhood watchman. the doj has set up an online tipline and is asking the public for information that might help, should it decide to prosecute zimmerman. this push comes despite the fact that zimmerman's been acquitted of all charges and cleared by the fbi in a previous investigation. joining us to discuss this is the former united states attorney general alberto gonzales. mr. gonzalez, thanks for being here. >> it's good to be with you, allison. >> what did you think this week when you heard the department of justice set up this online tipline that sounds like it's trying to unearth some more dirt on george zimmerman? >> well, the first thing i thought of was that they're sort of at a dead-end. what they're doing now is doing what they can to see if there's any out there that is willing to come forward with some information that may form the

basis of a civil rights prosecution. obviously, george zimmerman has been acquitted. he has been acquitted of the state charges. the question now is whether or not there are federal charges, civil rights violations that the department of justice can bring against george zimmerman against trayvon martin. >> is this standard procedure from the department of justice or are we seeing something different because of the outcry? >> i'm not sure there's anything standard. a very unusual high profile case that captured the interest of the nation. i think the department of justice, attorney general understands whatever they do, whatever decisions made here is going to be scrutinized. if the decision is made to move forward or not to move forward, that decision will be scrutinized. i think they want to make sure they leave no stone unturned, in terms of gathering up evidence or lack of evidence that may support the decision ultimately

made. >> the department of justice had a conference call this week with federal prosecutors and civil rights leaders in sanford, florida, where, of course, this whole incident took place. it sounds like the feeling is that trayvon martin, the victim here, did not get justice. but that's not the same as george zimmerman not getting a fair trial. does the department of justice have a case if just trayvon martin wasn't able to tragically get justice, but, really, the criminal case did nothing wrong? >> well, i mean, listen, under our criminal justice system, what we expect -- what all of us should expect is justice under the law. i think virtually every reputable attorney i've heard speak about this publicly confirms that they believe that in fact the outcome was the right one, given the evidence in this case and given the law applied to that evidence. many of us looking at this and deciding, well, this doesn't feel like moral justice, this

isn't biblical justice, this really is very unfair, certainly unfair to the martin family. but in terms of looking at what happened here, from all indications are from my perspective, is that justice under the law was achieved here. but the department of justice, of course, you know, they want to reassure the civil rights leaders that in fact they're looking at this very carefully, they take this very seriously because they want to insure at the federal level that they don't pass up the opportunity to insure justice under the law is achieved there as well. >> but, of course, there was no evidence during the trial that george zimmerman did act on any sort of racism. isn't that the heart of what the department of justice is trying to figure out, with this tipline, but nothing came out during trial that would suggest that he acted because of racism, did it? >> as far i know, there's no evidence that came out at the trial. i think the family, i think the

prosecuting team, i think even the jurors have spoken out, they all confirmed race did not play a factor here. that doesn't mean someone out there may not have information about george zimmerman and perhaps race might be involved in some way. i think it's highly unlikely, but i think again, i think what the department of justice is doing here is going that extra mile to ensure that there's not going to be any criticism of the department, that they didn't move forward with a legitimate civil rights case, based on where i sit today. >> is that okay -- sorry to -- okay they go that extra mile because it verges on a fishing expedition according to some and verges on double jeopardy and even setting up this tipline feels like george zimmerman now may be getting a raw deal? >> i'm not -- i can see how some people may view it as perhaps

double jeopardy. again, we're talking about different kind of charges based upon state charges and federal charges. whether or not this is a fishing expedition, i think one can argue it either way. certainly those who suppo support -- who want to see finality and believe justice has been achieved may character rise this as a fishing expedition. there are a number of people that are unsatisfied about the decision here. again, i think the department of justice is doing what it can to reassure everyone that to the extent any federal crime was committed here, justice will be served with respect to those possible federal crimes. but, again, sitting here today, from my perspective, i think it's going to be highly unlikely that they will move forward with any kind of prosecution. >> former attorney general alberto gonzales, we appreciate your expertise and shariing it with us, thank you. >> thank you. a new speech debate brewing from an advice column after the

state of kentucky suggests the man giving that advice is doing so without a license. and why the state says the first amendment does not apply in this case.

here's one place you probably don't want to be when the power goes out on a monorail. this is the scene at a state fair in sacramento, california. a group of 20 people stuck two stories off the go around, when their ride lost power there, as you can see, they were trapped for about 45 minutes. the fire department was called in and got everybody safely down to the go around. syndicated advice columnist fighting a free speech battle with the state of kentucky. his come column which appears in

hundreds of newspapers identifies the author as a psychologist. kentucky says he cannot identify himself that way because of where he got his license to practice psychology. fox's media analyst, howard, is live in washington. hi, howard, tell us more. >> john rosen makes his living giving advice about parent iing his syndicated column from everything about terrible twos to fighting and now he's finding his work sensored from the state of kentucky after learning the kentucky board of examiners of psychology ordering him to stop publishing in the state that he's not licensed to practice psychology there and he told me it's an absurd case of government overreaching. >> by their definition of practicing psychology, dr. phil is practicing psychology in kentucky without a kentucky psychology license, so is dr. laura, dr. drew and numerous

other people. i think they came after, and this may sound some what nar narcisist stick, i hope it doesn't, i think they came after the little guy because they expected me to fold out of fear of their bureaucratic authority. >> howard, how do kentucky officials defend going after this columnist? >> i talked to the chairman of the board, the psychology board there and she backed off a little bit, not so much challen challenging rosemonday's abilit to give advice saying he doesn't describe himself calling himself a psychologist when he's a psychologist -- and he rejects that and he filed a free speech case and the government of kentucky is violating his first amendment rights. >> interesting. keep us posted on what happens. thanks, howard. >> absolutely. thank you. meanwhile a spirited debate over nutrition and why the feds want to put restricted on alcohol and what ta that could

mean about your next trip to the watering hole. san diego's mayor accused of inappropriate contact and say there's thing wrong, it's just his style. >> i express myself demonstrably. i'm a hugger of both men and women. nd invt their own way. with scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus, my local scottrade office is there to help. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) scottrade. voted "best investment services company."

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yet another alleged victim comes forward. live on the west coast with more. hi, william. >> ali, while all of us wait for the next lawsuit and names and dates and places, democratic leaders meet tonight to consider asking him to quit, closed door meeting and a rally for a recall campaign and this week the city acted to protect itself from his abusive behavior, admittedly. here is why. let me give you the policy. according to city policy, all employees are entitled to a work environment free from harassment, which includes unwelcome, unsolicited and unwanted behavior. listen to what filner admitted to last week and why the council is afraid taxpayers will pay for it. >> i have failed to fully respect the women who work for me and with me. behavior that would have been tolerated in the past is being called out in this generation for what it is, inappropriate and wrong. >> he said he needed help.

he had mistreated women and therefore he was going to get sexual harassment training. to me, that pretty much says i'm guilty of sexual harassment in the workplace. >> that means taxpayers could already be on the hook for millions because of those admissions and why the mayor is being told he cannot be alone with women and drafting a policy female employees meet with filner in public or with a witness. >> the best thing is for the city and the mayor's office to not put the mayor or any city employee or constituent in the position of being alone. >> this began ten days ago when the mayor's fiance broke off their engagement for in her words, constant infidelities and three of the alleged victims said they had been harassed and an additional woman said she had been groped when she was-- he wa

congresswoman and others came forward. bottom line, this is not over. >> should he stay or should he go. former speechwriter for president george w. bush and a fox news contributor former advisory to frank lautenberg. hi, guys. >> how are you? >> i'm doing fine. >> william was too polite to spell out some of the things the mayor has done, i'm not so let me tell you. he forcibly kissed two allegedly and allegedly grabbed the backside and breasts of a staff member and he even on a city hall elevator, told one female staffer women employees would do better quote if they worked without their panties on. now, he says that he's just a hugger. julie. i mean, doesn't the mayor have to resign at this point?

>> yeah. you know, i used to be a young woman in politics a long long time ago. i wish this were an isolated incident to san diego. unfortunately this goes on all the time. i experienced behavior like this as i think any woman in her early 20s starting out who had to work for politicians, some politicians. so it's rep prehensible. the part that kills me is because he's right is this used to be acceptable and all of a sudden, his defense is i didn't know times have changed a whole new generation and guess it's not acceptable now, nobody told me, didn't get the memo. are you kidding me? it boggles the mind this guy got elected dogcatcher yet alone mayor of any kind of city. >> mark, here's the flip side so you can agree or disagree. he says, as a citizen of this country, i expect and i am entitled to due process. and the opportunity to respond

in a fair and impartial venue to specific allegations. does he have a point there have been no real official charges or claims filed and until that happens, should he have to resign? >> i think that's probably coming pretty quickly. i think this guy has a pretty bright political future. if he resigns, it was a few years, he can be mayor of new york. >> compton the east coast. we're more forgiving. >> absolutely, we're much more forgiving here. this guy was described by a city councilwoman as tragically unsafe to be around. his fiance broke off their engagement because she caught him sexting women in front of her. to have that kind of record and this all came out because he was actually accepting an award from a military group for a lifetime achievement award for fighting sexual assault. to have that kind of a record and to accept an award like that, shows pathological

arrogance. the fact is we're living in an age where politicians seem to think it's okay to have all this sexual misconduct and stay in office. you have anthony weiner leading the polls in new york to become the next mayor of new york. eliot spitzer, $80,000 in prostitutes and leading the polls to become comptroller on t the -- and mark sanford, and there's no shame and he should resi resign. >> if this were consensual behavior, i'd say, god bless, we're all adults, do what you want to do. the problem for this guy, wants his due process, day in court, already admitting i kind of harass people. once you go out and admit you've committed a wrongdoing, you can get your day in court so the jury can convict you which you already admitted you've done. the reality is he's already said he's done this, already admitted

to it. i don't see how the talking spots in stack up. >> the point is he said he needs help and different from saying i've been actively harassing people and making it a hostile workplace. >> if i were an alcoholic and drinking 20 scotch as day, all of a sudden, you say, you might want to go to rehab, i said, i don't think i'm an alcoholic but i need help. i'm kind of admitting i need help and have a problem. he's kind of admitting he has a problem. again, this is not the legal standard and i'm not a lawyer but i know what sexual harassment looks like in politics and know what it sounds like he admitted to. if he admitted to this and pretty much said he's done some of this stuff. >> mark, let me play for you how he says he is just a demonstrative guy. listen to this. >> idemonstrab demonstrably. i'm a hugger of both men and wome women. >> you know what, it's not funny, just funny he said he's a

hugger. >> julie, i'm afraid of him, too. >> can i just say it? stay classy, san diego looking into a tv camera. stay classy, my friend. very nice. >> do you have a punchline, mark, you'd like to share? >> no. julie is absolutely right. it's a huge difference between consensual id yosi and sexu-- id c consensual violence. we're in an age where bill clinton had sexual relations with miss lewinsky and lied under oath and didn't resign his office. at least spitzer and others had the decency to resign. bill clinton had bawleding named after him yesterday and named father of the year and there's a future for people who commit criminal acts. >> not to relitigate, clinton was consensual. >> lying under oath is not consensual. >> if you're talking about

sexual misconduct, that was consensual. >> right. >> this is this guy sticking his tongue down the throat -- >> with an intern, julie. the president of the united states with an intern. >> we're done merging into a different -- we're diverging into a different topic. how soon before you hear the punchline, filner, he barely touched her. you're welcome, julie. >> were you working on that? >> you know you were. >> mark and julie, thanks so much. commenting up. by the way, i'd love to hear what you have to say about this case and what the mayor should do. find me on twitter at alisyn come m comerota. >> critics now saying obama-care is likely to draw people to the unemployment line that doctor's office and the president is in damage control and we talk about a cause for concern. and temperatures damaging and the heat wave could get worse before it gets better.

>> so much for not counting liquid calorie, nutrition could be coming to a beer bottle near you. how the new debate is bringing health care advocates and heavy drinkers closer together. ♪

... ... ... ... ...

we have a fox weather alert on the nation's largest heat wave of the summer. dangerously high temperatures spreading from the east coast to great lakes and dakotas. when will this all let up? live in the fox weather center. hi, rick. >> we're getting close. i know you like the heat. it's summer and july and these temperatures are extremely warm and lasting many many days. these are yesterday's actual temperatures across big cities of philadelphia and back towards the northern plains.

minneapolis to 94. it's also humid and felt like 105 yesterday in detroit. we have two more days of this after today across areas of the northeast. temps still in the low 90s and mostly in the northern tier. going to the southeast where generally a little warmer, actually a little cooler this heat wave we're dealing with. current heat index warm. 94 in d.c. and just hit 100 at jfk. so treat the is there. we have severe weather on the way and this will break but at the cost of severe weather. tomorrow, we see severe weather across the great lakes and saturday a big stormy day around much of the northeast and behind it is when the cool air comes in. look at new york. the same for boston, philly, d.c., we have today, tomorrow and saturday with temps well above average by sunday and monday and looks like we will see temps in the low 80s. a lot of people will be very

happy and able to cool down a bit. >> i like heat but i like it more in the 80s. thanks. >> you bet. we will keep on working to make sure many people around this country who are already paying premiums are getting cheaper prices, that the money is being actually spent on their health care, that you're not having to worry about the fine print, that if you don't have health insurance, you finally are in a position to get some at an affordable price, to give you and your family the kind of security you deserve. >> that was president obama trying to calm nerves over his signature health care law today as groups, that are some of the overhaul biggest supporters are turning into harsh critics, unions now worried obama-care will send more people to the unemployment line than to the doctor's office. several major union leaders sending a letter to nancy pelosi and harry reid that reads in

part we can no longer stand silent in face of elements of the affordable care act that will destroy the very health and well-being of our members along with millions of other hard working americans. let's debate this. alan colmes is a fox news contributor and director of communications for american crossroads. thanks for being here. alan, what do you think of these union leaders that feel strongly enough to come public with this letter that they worry about members becoming part-time workers or unemployed. >> what's behind this, one of the things union offer their workers are health care plans and negotiating health care for them. if the government does it for them and if the other exchanges or states does it for them it gives union members less incentive to stay union members. that's really what's behind this. it was announced today by the president 8.5 million americans are getting in total about half a billion dollars in rebates,

furthermore, in new york state, governor cuomo announced some premiums are going down for millions of new yorkers, 50%. in other states the same thing because of these exchanges. this is actually good news coming out of the health care system. >> it is good for some new yorkers paying the highest premiums in the country. we heard some states like ohio, their premiums will become spiking upwards of 70% is the estimate. i want to bring in jonathan. what do you think? obviously karl rove at american crossroads has penned this column saying it's possible the affordable care act will lead to unemployment or part-time employment. >> when it was passed it was three promise, keep your costs down and second keep your hale insurance if you like your health insurance and third, get to universal health insurance over time. but we're finding all three of these promises are fundamentally untrue. disregard what the state of new

york is saying we know from the health insurance companies themselves premiums are going up dramatically across the board and already gone up $2500 per family since obama became president. we also know people are being moved out of their health care plans in california very very restrictive, the two largest health care companies in california have moved out of california and people will be moved, we know this from talking to small businesses, chief actors people are getting moved to part-time employment where they're no longer covered by their employer. finally, to add insult to injury, the congressional budget office says we will have 30 million people without insurance 30 years from now. which leads to the question why did we do this in the first place if it's fundamental promises aren't coming true especially on uninsured. you can argue with the congressional budget office. >> the congressional budget office said if you overturn like congress tried to do 38 times it would cost billions of dollars. you want to quote the cbo, we

can quote them on the other side as well. >> alan on this one point, do you agree it could be a d disincentive for employers to hire full time workers, if they can hire somebody 30 hours a week an not have to pay their insurance, don't you think the affordable care act could prove to be a disincentive. >> i know for some people and don't know it will benefit some the way it benefits others. you said disregard what's happening in new york. don't disregard what's happening in new york. >> i said listen to employers who are making the decisions. the government is telling us what they think is going to happen. obama himself, the administration himself said premiums will go down $2500 and seen them go up $2500. >> go ahead, alan. summoned to that. >> you want to ignore all the good news coming out of this today and all the people whose premiums are going down and rebates we're talking about. >> i'm saying i'm a little bit skeptical of what a government official. >> alan, hold on.

>> alan, hold on. analysts new york is an gasalier. new yorkers have a reason to celebrate premiums going down, but it's an outlie 'er. >> other governments didn't want to implement the law. if other states followed suit you would have the same results in some other states. >> jonathan, last word. >> all i know is that the insurance companies themselves are saying that premiums are going up. we know from the "associated press" and the kaiser family foundation that rates are going up-especially young people. so i don't think the president has any credibility and it's kind of troublesome when he is going back to these four-year-old talking points that have been completely discredited by the evidence. >> join thousand, -- jonathan, allen, thank you. >> a stirring debate over the push to get people to watch

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♪ alcohol, alcohol, >> well, booze could be getting a new look. right now it's only voluntary but soon wine, beer, and spiritmakers could be forced to add nutritional labels to their bottles, and now the debate over the plan is growing. we're live in mar vista, california. hi, adam. >> story of the day. a lot of viewers talking about it on fox news and texas

news.com. you know the packages with the nutritional labels? some people look at those but can you imagine that now on your favorite bottle of brew or liquor or wine? it actually is a possibility, believe it or not. a new federal regulation that would have wine and spirit and beer companies put labels on bottles, protein, fat content. right now it's voluntary. but the fedders considering whether to make it mandatory and there have been a couple of wineries and breweries who tried it and didn't have much success. >> there is one winery that tried to do this, and they put it on the label, how many calories and carbs were on the label and didn't do very well, and it's a non -- they're not making it anymore because it just -- people didn't buy it. >> the idea to make these labels mandatory was proposed back in 2007. never happened then.

this is just voluntary. like lick liquor companies make like the ruling because they're lower carbs, beer and wine riz not so happy with it. people are mixed about the whole idea. >> they will fight this every inch of the way. companies don't like to disclose that their products may contain plea servetives, flavorings, foam enhancers in beer. all kinds of things that companies use to doctor their products. >> so the feds are saying they're just trying to make labeling between these two items more consistent. that's the whole reason. but when you talk to locals, the'll tell you all that is it more regulation, more money, and going to cost consumers more money. back to you in new york. >> adam houseley i shoeder to

think how many calories in my might rat a -- margarita. >> we'll be right back with more. ♪

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for an agent, call the number that appears on your screen. >> thanks for watching today. "studio b" starts right now. >> thank you. i'm in for shep. and this is "studio b." and a potential game-changer in the trial of the accused mob boss white canny bulgar, a man on the prosecution's witness list suddenly turns up dead, weeks after explosive testimony some of which turned into a courtroom shouting match. >> we're hearing from an alternate juror in the murder trial of george zimmerman. you'll hear why he says the six women on the jury made the right call. plus, if you have ever wondered how your life will turn out five years from now scientists say you could soon have your answer, thanks to technology that tracks your movements and figures