another song in the after the show show! log on. >> alisyn: tune in tomorrow, 6:00 a.m. to 10. see you then on "fox & friends." bret, you're great. >> steve: so long, everybody! [ cheers and applause ] martha: great show you guys. good morning, everybody. anthony weiner's x-rated controversy grows as in that was possible. his poll numbers are taking a big tumble. we'll show you where they are this morning. the former congressman and current new york city mayoral candidate swarmed by the media, forced to add even more details as if we needed them to this sordid story. welcome, everybody, on that note to "america's newsroom." good to have you with us. i'm martha maccallum. good to have you with us. >> good morning to you. martha: good morning to you, kelly. >> i'm kelly wright in for bill hemmer. this is planning to end weiner's comeback. a reporter pressing him to come up with number of other women he may have contacted. weiner tried to do the math. watch this.

>> there are more than, there are a few. i don't have a specific number for you. there are a few, i said at the time of my resignation there were six. i don't believe there have been any, i don't think in total there are anymore. here as the problem, as i start to say this, you know, i don't, there are people that i have exchanges with that are completely appropriate and that are not, that haven't, no pictures or no elicit texts or anything like that. if those people want to say they don't like the exchanges either. i don't know where to put with them. it's not, dozens and i told this, the post made a big headline out of it. it is not dozens and dozens. it is six to 10, i can't tell you, but i can't tell what you someone is going to consider inappropriate for not. >> was it sexual.

>> how many texts did you have have with women after you resigned that are sexual? >> i don't believe there are more than they. martha: we're at the point where i don't even know what to say. he could have said i'm going to say on the matter. i'm doing, moving on. going to other issues. i can only believe he is getting enjoyment about the back and forth on this. who knows. julie banderas is here with me in our newsroom this morning. this story is clearly not going away, julie. >> tough cringe when you watch that. the number goes from three to maybe a dozen. i don't know what you consider inappropriate. hello, every text we read so far is inappropriate. anyway the hits keep on coming as you can see. anthony weiner's sexting pal speaks. if you're running for mayor this, is not interview you want, believe me. she talked about carlos danger or as weiner liked to refer to himself as a dirty old manner.

>> said that to himself to me. the exact wording he is argument tiff, perpetually horn any middle-aged man. at the time i was like, owe no, you're not. but yes, he is. >> weaner was not laughing as he held one news conference after another this week to try to correct his wrongs. >> they have to decide for themselves whether this personal behavior, when one thing happened or didn't happen, is important to them. i understand that. all i'm saying that these things were personal in nature. i worked them out between me and my wife and, and i've gotten them behind me. they have been behind me for some time now and it wasn't until they were behind me that i decided to run for mayor. >> not only did the does greased congressman and mayoral candidate engage in lewd sexual texts with more than one woman which ultimately led to his resignation in 2011 he continued to do a year later after making promises to the american public that he changed. leather says he was lying.

>> he was making these campaign promises that he had totally changed and i am proof that that is not true. >> while weiner isn't being specific on how many women he was involved with and the timeline when the messages were exchanged as everyone talking. martha: birks it sure does. what about the poll numbers? how are voters reacting? >> inches is the news actually broke he has taken quite a big hit as you can imagine. once a frontrunner in some polls. in "the wall street journal" marist poll, weiner trails with 16% of the vote. city council speaker christine quinn has taken the lead with 25%. he led her in this particular poll 5% prior to this week's news. with only two months best primary, weiner's campaign has switched to damage control. martha: birks those other candidates, gee, they can get barely any attention anywhere because this is sucking the wind out of every single part of this whole story. julie, thank you. more on that later. >> yeah. >> new developments in the train crash that left 78 people dead.

a passenger telling the associated press the train was going about 120 miles per hour before it hit a tight corner and flew off the tracks. the conductor now under police guard as part of the investigation. meanwhile the father of an american woman killed in that crash is speaking out about the tragedy. greg palkot joins us live from our london bureau with more on this. greg, what is the latest on the crash that you know of. >> reporter: hey, kelly, as you can imagine the investigation continues full bore moo this horrific train wreck. among the casualties one american killed. five americans injured. as you noted 78 now believed to be the total killed. as many as 80 still in the hospital. many of them critically injured. it is a deadliest train crash europe has seen in many years. it happened outside the city of spanish city of sanity awe go compastano. they are in possession of black boxes similar to what you

find on a plane with telemetry inside. this should explain what happened but focus is on the excessive speed of that train. account from the driver, admitting he was going 50 miles an hour. he was going at 120. he is now today under detention, under guard by the authorities. he is yet to be questioned, kelly. >> you're talking about that driver. there was even a report that he, while he was admitting that something was going on, that he was traveling too fast, he thought he might derail but heae american survivors as well, greg. what can you tell us about that story? >> reporter: gripping tales, horrific tales coming from americans on board. some injured, one dead and some managed to walk away from this but they said it was like being inside of an 18 wheeler truck that was flipping over on the highway at very high speeds. one described chaos everywhere. things flying around. bodies, bag, seats, blood, smoke, you name it. let's hear from one man. he is from houston, texas.

he is name of robert farsry. lost his wife in all the chaos. tried to find her. got outside of the wreck and she was pulled outside by rescuers. listen to her account. >> they set her next to a railroad track. i didn't see it until i walked and saw her a couple wrecks away. i recognized her. she unfortunately got really, really, she got hurt very bad. >> reporter: kelly, she is in the hospital now. she is in serious but stable condition. the woman, american woman who was killed, she has been identified in reports as an mama rea cordoba past she is from arlington, virginia. she is employed in the catholic archdiocese there. her husband and daughter were injured in the crash. they remain in the hospital. back to you. >> such a difficult time. greg palkot, thanks for bringing the update. martha: what a terrible story. the tragedy there is raising new

concerns about the high-speed rail system coming here to the united states soon. california is working with amtrak on an accela-like train. it would be a railway that would carry passengers between l.a. and san francisco in less than three hours the trains would be at speeds of 220 miles an hour and that makes people wonder now if this is safe? the state agency building the railway, says, yes, it is safe. they point to japan's high-speed rail system as a prime example. construction is set to begin on this in sent september. >> victims families and survivors of the asiana airlines crash are lawyering up right now. a prominent new york law firm will represent the families of three chinese teenagers killed and 12 passengers hurt in that accident. more than 300 people were on board when the jet slammed into a seawall at san francisco international airport just last month. the crash, it ripped off the plane's tail and the aircraft burst into flames.

martha: fox news alert. senate majority leader harry reid is calling for a trillion dollars in new tax revenue. the powerful democrat any attempt to reform the u.s. tax code must raise close to one trillion dollars or forget it. stuart varney joins me now, host of "varney & company" on the fox business network. stuart, what is this all about? >> this is senator hairharry reid who flat-out rejected the idea of tax reform, which is lower tax rates, fewer tax deduction and come out firmly in favor of a trillion dollars worth of tax increases. and, martha, senator reid is angry. he has flat out refused to a read a letter on tax reform sent by democrat senator max baucus. won't even read the letter and flat-out rejected negotiations going on between dave camp in the house and max baucus in the senate about tax reform. no tax reform as we know it. yes, to a trillion dollars worth

of tax increases. senator reid is doing the president's bidding, continuing a policy of raising taxes, spreading the wealth. that's what's happening. martha: it is hard to sort of figure out why, right? why, why is it in harry reid's best interest or the president's best interests to not even come to the table on this to not even discuss it? during the election we heard this from independents, from democrats, republicans, a lot of people want to see the tax code simplified. >> yeah. martha: it is an idea that has leverage. >> i think it is about politics this is a workup to the 2014 elections. i think senate reid and the elections believe they can win, democrats can keep control of the senate if they go forward with tax the rich and spread the wealth. if they go forward with that policy, they believe they will win. so the answer to your question, martha, is, this is all politics. it is not really about economic policy and growth and new jobs. it's about politics.

martha: it's a a shame because there are way, we've seen lots of economist models which there are ways to flat own out the tax code and make a fairer, more simplified tax code and still come up with the same amount of money you need, right? >> it mice opinion that if you lower tax rates, old-fashioned tax reform and cut away some deduction you would grow the economy and create jobs. that is my opinion, obviously not shared. martha: stuart, thank you very much. we'll see where that goes or doesn't go as the case may be. >> he is, he is trying to put it out there what he would like to do. we're just getting started. the push by republicans to shut the government down on the president's health care law. karl rove will be here to weigh in on that. martha: attorney general eric holder appearing to ignore the decision by the supreme court, looking to force one state to get federal permission before they can ever make changes to the voting election laws. now that state has a message for mr. holder and the attorney

general greg abbott will be here to say it. >> a television news crew finds itself on the receiving end of a very ugly attack. >> small mark on your face. did you ever --

kelly: welcome back. we have new details of that hard landing of a southwest airlines jet in new york's laguardia airport on monday. investigators say the front landing gear touched down before the sturdier main landing gear under the wings. the planes typically land with the rear landing gear before letting the nose settle down. about 150 were aboard when that front landing gear collapsed upon landing. at least 10 passengers suffered minor injuries. martha: pushback against obamacare. an effort to defund the health care law is gaining some momentum on capitol hill right now as a growing number of

republicans say to their colleagues, kill the funding or risk complete government shutdown. we'll explain to you what we're talking about here. karl rove, served as senior advisor and deputy chief of staff to president george w. bush and also of course a fox news contributor. karl, made 35 or 40 efforts i think to defund or find ways to delay or to defeat obamacare, the republicans have. this looks like maybe the last arrow in the quiver here. >> well, i don't think it's the last arrow in the quiver but it is being proposed at another shot at obamacare. the idea is, when the federal government begins its new fiscal year on october 1, the idea would be to pass a continuing resolution that does not fund anything connected with obamacare. and thereby, ostensibly brink down the law. the problem with that, martha is this. that that kind of activity will not affect over 90, roughly 99% of the money that goes to

obamacare because, most of obamacare is not discretionary spending that will be affected by the continuing resolution we're talking about. most of the funding for obamacare is mandatory spending. let's go back to the original 2010 cbo score which was roughly $1,050,000,000,000 for the first 10 years the law would be on the books. 450 was for medicare, medicaid expansion, mandatory spending not affected by the continuing resolution. 450 billion-dollars for so-called exchanges. mandatory spending not affected by the continuing resolution. $50 billion for a small business subsidy, that was so ridiculous, nobody took advantage of it. but again, mandatory spending. over $950 billion was mandatory spending. there was $100 billion roughly to implement the bill. we spent a bunch of that money in fy-10, f why-11, fy-12, and

fy-13. the cost was roughly $10 billion is not a great huge deal in the scheme of obamacare. this huge, the idea that, president obama's is going to say thanks. i'm happy to take the bully pulpit, let me have a club i will beat you up about this. this is why strong conservatives such as tom coburn, republican senator from oklahoma, if you want to lose the house of representatives do this and why the letter asking for this strategy already lost three of its original signatories they figured out this will not be able to stop obamacare but it will shut down the government and put the blame on the republicans for doing so. martha: politically you're saying it's a big mistake. there are big names on here. the senate lower was signed by marco rubio, by ted cruz, by rand paul. at least two of those three people perhaps have presidential aspirations. so you think it is politically dumb on their part to be part of this? >> i will not say dumb.

all three of them, all three of them, not two out of three, but all three are thinking about running for president. there is surface appeal to this. let's defund obamacare. i repeat, over 99% of the money that goes into obamacare is not affected either because it is discretionary that we've spent or discretionary that is spent in 2015 or later. but most important of all. most of the money in obamacare is mandatory spending. what you need to do is repeal obamacare and have it signed by a different president. i think the bill has got, i think the law has so many difficulties. we're seeing this we had three big labor unions come up and say this is disaster for our workers. you have small businesses saying this is a disaster for us and our workforce. there are so many difficulties implementing this, i think the law will start to collapse in very important ways as it comes on to the track, that during this year and next year and we've seen the enormous reaction among the american people as it has been coming on.

this is not a popular law. it will get less popular. that makes its complete and total repeal more than likely over the long haul. martha: politically for its critics what do you recommend in terms of the action? you think stand back and let the chips fall and watch it happen and stay out of it, or is there something else you would recommend them to do? >> well i think they have got three things. one they have to use the oversight power of the house, in the house in particular to draw attention to all of the failings of this bill. second of all they have to offer up solutions to try and fix some of the problems in obamacare, knowing that they're never going further than passing them through the house of representatives. the president will never accept the kind of conservative reforms that are necessary to fix some of these big problems. third, most important of all they have to begin laying out alternative to obamacare this fall and next spring. martha: where is that? where is it? how many months have we been saying this? we had this conversation probably six months ago, right, karl? >> yeah. the good news you have a variety

of members in the house and senate got this message from senator burr in the senate, congressman cassidy of louisiana, congressman price and others they have a wonderful set of bills that think, i don't understand why they don't start moving them. maybe they're waiting to get to the fall and into the winter and spring but there are a number of -- allow the sale of health insurance across state lines. martha: right. >> allow small businesses to pool the risks and get the same discounts the big guys get. make health insurance completely portable so you can take it with you from job to job and don't lose the benefit. make it easier for people to save tax-free for out-of-pocket expenses. expand health savings accounts. there are good proposals. martha: i hear what you're saying in terms of sort of where the meat is on the bones here in terms of legislation. karl, thank you. happy friday. see you next time. >> thank you. martha: take care. kelly: we have a showdown in the lone star state coming up. texas republicans pushing back

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kelly: newly-released photos in the murder investigation of former new england patriots player aaron hernandez. this image was taken from hernandez's home surveillance system. you're looking at it there. authorities say it appears to show hernandez holding a gun shortly after his friend was shot to death. jamie colby is live in the newsroom right now. jamie, what do we know about these photos so far. >> reporter: kelly, great to see you. there was a new release of evidence and warrants yesterday as a result of media request for access. that is when authorities confirmed the photos included

one which you showed. let's show you these. they're grainy at best to be honest with you. authorities confirm shows aaron hernandez in his own home caught on his own surveillance system, carrying a gun in both the hours before and the minutes after the shooting death of his friend odin lloyd, whose body was found in an industrial park just a mile from hernandez's home. hernandez remains held without bond in charges in connection with odin lloyd's death. authorities are looking back to these photos to identify what appears to be a glock in hernandez's hand. that is one of type of firearms they believe hernandez owned. at this stage it is becoming a more intense investigation. the weapon used to kill odin lloyd has not yet been recovered. kelly: jamie, the reports are he tried to destroy that surveillance video before police could actually get their hands on it. what is next for hernandez? >> reporter: they got video of him in the basement after.

that is where all this equipment and control is placed in home. he since entered a plea of not guilty to murder charges he is facing in lloyd's death. but the evidence gathered in this case, kelly, some may remember has now led investigators to believe he may be connected to a double homicide case that remain unresolved going as far to name as a possible motive, information that lloyd may have had regarding that shooting. now hernandez is back in court on august 22nd. the two men with him the night of lloyd's murder are also facing charges and being held. ernest wallace is one. he is charged with accessory after the fact. and entering a not guilty plea. he heads back to court today. carlos ortiz, also in the car the night of lloyd's death, is charged with unlawful possession of a firearm. that is enough to keep him behind bars until his next court appearance on august 14th. there is former teammate tom brady and a lot in the patriots world who are just doing their best to carry on. >> there's a very human

compassion element we all have that someone who has been on our team that, you know, you just, it's a very sad thing. >> reporter: there are 100 pages of documents, kelly, in addition to the photos. you can expect to hear a lot more on the investigation and this case as it moves forward. back to you. kelly: jamie, good to see you. >> reporter: thanks, kelly. martha: well the egyptian army slapping ousted president mohammed morsi with new charges today as massive protests are planned across the country. we have the latest on the growing unrest in egypt coming up in a live report. and it is tough out there in the field. a tv news crew attacked on the job. we're going to show you, boy, what happened after this. stick around.

kelly: supporters and opponents of egypt's ousted president are predicting blood in the streets today as the democratically-elected leader faces charges for alleged communications with hamas. leland vittert live from our middle east bureau right now. leland, why the charges now? >> reporter: it might be hard to say these are trumped-up charges, but they are certainly convenient. the military is doing everything they can to keep morsi behind bars and, most importantly, away from his supporters. if you go ahead and take a look at live pictures right now from the pro-mayor morsi protests,

those are on your left. the muslim brotherhood has been camped out protesting the coup that happened. on the right is a pro-military rally in tahrir square, the same place people swelled to over the past couple of weeks when they wanted the military to come in. that's when they kicked out morsi, although by a very slim margin. he moved egypt much more towards a hard line, people weren't happy with that. the military has now come in. what we're waiting for is to see if this erupts in violence. already nearly a hundred people dead since the coup began. right now 3:30 in cairo. ramadan prayers happen at sun down, and that's when we may see some fireworks later. kelly: yeah, leland, we'll be keeping an eye on that one. leland vittert reporting for us, thank you. martha: fierce reaction to attorney general eric holder's plan to target texas.

he's asking a court to force the state to get federal permission before they can make any changes to voting or election laws in their state. now, the move is seen by create ings as a way to get around a recent supreme court ruling that wiped out part of the voting rights act. watch this. >> today i am announcing that the justice department will ask a federal court in texas to subject the state of texas to a preclearance regime similar to the one required by section 5 of the voting rights act. [applause] martha: very interesting. i'm joined now by greg abbott, the texas attorney general, he's also running for governor of the state. good to have you with us, sir. welcome. >> thank you so much, martha. martha: so we watched the supreme court decision on this. it was a 5-4 decision which, basically, found that there wasn't a need anymore in these 11 states to have special restrictions on those states to get permission to change the voting rules and, apparently,

attorney general -- i mean, yes, attorney general eric holder feels like that's not a done deal. he wants to keep going with this. >> well, i think this is an affront to the supreme court decision. it's a direct assault on the united states constitution. but, martha, let me give you some on text to what's going on here. -- context to what's going on here. within the last year, president obama's presidential national field director came to texas for the purpose of targeting texas to turn texas blue. now we have obama's attorney general coming to texas, using the voting rights act for political purposes. they actually are joining together with the texas democrat party in a lawsuit against the state of texas claiming they need to do so for the voting rights act. martha, this is using the voting rights act for partisan, political purposes. martha: all right. so they -- if what you're saying is the case, then they must believe that the supreme court decision gives them, you know, a real unfair disadvantage in

texas, right? why do they think that? >> well, what the supreme court decision in june did was to remove texas from the preapproval process whenever we have any kind of changes in our voting laws. and that's not what the obama administration wants. they want to keep their thumb on the texas election system so they are now asking a court to give the obama administration the authority to be able to preapprove whatever election changes we may have, especially our voter id law that we're trying to put into effect. martha: all right. and explain to everybody exactly how that law would change the voting situation in texas ahead of your next election. >> what it would mean, for instance, this voter id law that we passed in the state of texas to insure integrity in our elections system, the obama administration could hold that up and deny us the ability to implement that law for the upcoming election. martha: so do you see, i mean, obviously, a lot of times people want to push things through the court and appeal for the purposes of dragging it out. so you have got an election,

obviously, coming up in the fall, and you see this as a way for them to just sort of, you know, drag the feet on this situation and get through the next election so that you won't be able to make the changes you want to make. >> not just drag it through the next election, but what they have asked the court to do is to give the obama administration or the executive branch the authority to regulate texas elections for at least another ten years, if not longer. they're trying to keep texas and deny texas our sovereign rights to regulate our elections in our state just like the other 49 states. martha: and they're saying that the voter id laws that you want to put through would be discriminatory, correct? >> they claim that. however, martha, the united states supreme court has already upheld similar voter id laws, and so what the obama administration is trying to do is to deny texas the use of voter id laws that have already been preapproved by the united states supreme court for use in other states. martha: all right. so what's ooh your next move --

what's your next move as attorney general of texas? >> i'll be defending in court in san antonio. i think the facts and law are clearly on our side. if we do not prevail, we'll go right back to the united states supreme court where we have won the last three voting rights cases against the obama administration over the past couple of years. martha: all right. fascinating plight ahead on both sides. attorney general greg abbott, thank you very much for being with us today, sir. we'll keep watching it. >> thank you, martha. cel. kelly: well, anthony weiner may be digging an even bigger hole for himself. >> there are a few, i said at the time of my resignation, there were six -- i don't think in total there are any more, 6-10, i suppose, but i can't tell you absolutely what someone else is going to consider inappropriate or not. kelly: will voters in new york think his actions are inappropriate? and is the clock ticking on his campaign? martha: and an underwater

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more march a tv crew came under attack, and the cameras were rolling as a florida dad charged with child neglect passes by waiting reporters as he walks out of jail. what happened next is all caught on tape here. take a look at this. >> we just want to make people understand where you're coming from in all of this. is this -- [inaudible] have you done this before? >> hey, get off me, man. keep it up, you're going to get arrested again. martha: police say the man left his 4-year-old daughter alone with an arsenal of weapons including assault ammunition and a grenade. they found her all by herself, 4

years old. she's in state custody while child services decides if she has a safe place to stay. kelly: well, back to our top story right now. new york mayor allocate anthony wiener admitting he exchanged racy online messages with a number of women but refusing to get specific. >> now tell everybody everything that you could possibly remember about this so that that would all get it out of the way, and then you could just go back to a real campaign. >> i basically have. i mean, the only thing you haven't learned, you want names of people, right? i'm not going to do that. if someone wants to bring themselves out, why should i bring them into. this? is that what you want, names of people? kelly: his poll numbers are, indeed, slipping. just last month he was five points ahead of city council speaker christine quinn. now she's in the lead 25-16%. is this the end of anthony

wiener's political comeback? well, former new york senator al d'amato is a republican and fox news contributor. he joins us now to give his perspective on what's going on with the new york mayoral race and anthony weiner. >> this is sad commentary. we're the greatest city in the world. people love us. they come to see, to be. and the position of mayor is probably, it's certainly the most difficult municipal government in the country, maybe the second most looked on after the president in terms of the mayor who speaks out and people listen. so it's a sad commentary that at this stage he would be one of the leading candidates. and i think the people are saying enough is enough. his numbers are declining, he's not going to make it. and i say thank god for that, because he needs help. kelly: well, senator, let's look

at a recent poll about this in light of what's going on with wiener. let's take a look at that poll right now that shows us how people are reacting to this, and there it is right there, how the people are weighing in on that. excellent, good, 40%, poor/fair, 47%. should this even be happening in the greatest city potentially on earth? >> no, it shouldn't. it shouldn't be. but it is because mr. wiener has chosen to say that this is a private matter and, indeed, as the mayor of new york, this is not private. the fact of the matter is that how can people put trust in you as it relates when you say one thing and you do another, when you have concealed things from the people, when you have actually been untruthful with them? you're supposed to lead the city in terms of safety for the people, education for our children, the most important critical issues. how can people put faith in that

kind of thing? so these numbers that you see, they're going to continue to deteriorate as people become more conversant with what he's done and how he's deceived them. kelly: what i hear, if i'm hearing you correctly, you're talking about leadership. >> yes. kelly: and i was talking to some friends last evening, and they were basically talking about this situation. while they found be it embarrassing, they were still wondering what happens now with new york's future? who is there to be a great leader for a great city? >> well, i have already endorsed a candidate, so in fairness to the others, i've supported bill thompson because i think he's the only adult. he really is. you don't have to agree with him on everything, but he's measured. he's the kind of person who's responsible. and i think he will be a terrific mayor and a good spokesman, and he'll bring people together. so while he's not program in buoyant, i don't think we need flamboyancy.

we need leadership by an adult. kelly: yeah. charisma only goes so far. you've got to have effective leadership at work. >> well, you've said it best. and wiener is master at politics, but unfortunately, he's badly flawed. kelly: senator al d'amato, good to see you, my friend. >> nice to be with you. kelly: thanks for your perspective. martha: we have an incredible story coming up for you. the hero in the benghazi terror attack is now speaking out. the details of what happened on the roof that night in the last stand to stop the insurgents and the shockingly long wait for help. you do not want to miss this. trust me. cl cel plus, check this out. sunken treasure in the caribbean. three separate shipwrecks believed to be hundreds of years old. we'll tell you what clues they have or may have about texas' state history. i gotta go deposit a check, transfer some money.

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kelly: a wisconsin state trooper is nearly crushed during a routine traffic stop, and it's all caught on dashcam rid video. take a rook at this. you can see trooper jim reese, wow, watching -- walking, rather, back to his patrol car when a semi truck sideswipes the vehicle. reese says it took some time to realize just how close he came to being hit. >> it was kind of surreal. it almost happened in slow motion. i guess your training kicks in, and you do what you're train to do. it wasn't until later that night, actually watching the video back and seeing my family, that it was kind of impactful at that point in time. kelly: indeed. reese says he always approaches stopped vehicles from the passenger side, and it's this decision that likely saved his life. the truck driver, by the way, returned to the scene and was ticketed. ♪ ♪

martha: a really cool story, a mystery under the sea. scientists discovering not one, not two, but three sunken ships loaded with treasures of historic interest right off the coast of texas. these wrecks are believed to be some 200 years old dating back to when texas was fighting for its independence from mexico. joining me now on the phone is jim delgado, director of noaa's maritime program, good to have you here, what'd you find? >> thank you. the three shipwrecks date to the first part of the 19th century, an age in which texas is struggling for independence as mexico. the united states is purchasing louisiana, and the world as we know it is taking shape. martha: amazing. we're looking at an anchor. and some of what was on these ships -- and we also have pictures, you know, images from the battle for texas' independence just to kind of remind everybody what era we're talking about here -- but what

you found on the ships talks a little about the history of private ears in the -- private tiers in the area and the way the military was fighting. and that's the famous pirate that may have been involved in some of this as well. >> well, he's certainly a candidate as the owner of perhaps these ships, as are many other privateeers. the ships, one was armed, two others appeared to be car raying cargo -- carrying cargo. we don't know, but for us the real prize here is the history that's tied up in these ships, how they reflect the people that were onboard and for each of ofs as we looked at those, as we carefully raised them for analysis, we were struck by the fact that we were the first hands to have touched them for close to 900 years and -- 200 years and this was a real connection to real people. martha: what did you learn about them? >> we learned that the ships

were caught in the same storm, that they sank quickly and violently, that they had trade goods in them that came from all over the world, but particularly we could see that one of the ships at least had called in yucatan, mexico, because there were very distinctive jars that came from only one town in the yucatan. martha: fascinating. and what role do you -- what does it tell you in terms of shedding light on what was happening in texas and the fight for independence and, you know, i know that there's -- you're not really sure, from what i read, whether or not the larger ship was basically had these other two ships in custody, essentially. >> well, the work has really just begun with the discovery. we raised about 60 art franks that will now be studied carefully, and i think more answers will be forthcoming. but what we have seen is a couple things. one, that the ocean has always been an important part of our country's history as well as the worlds and that down there these sites like this one found are

time capsules and museums, and they can tell us so much because there's so many things in them that are so nicely preserved. martha: i want to ask you, because there was a guest on the other morning on "fox & friends" who was finding huge blocks of silver in ship have been wrecks. how do you balance the need for preserving history because we've got all this great technology now with treasure hunters? >> well, very few wrecks have treasure, and the costs of finding and recovering a wreck are very, very high. in fact, this project was only made possible thanks to generous private donations from history-minded folks here in texas. the government's role was just to loan some scientists. we like that kind of cost effective saving of the tax dollar. but what was key in this project as well was that there is no treasure here. in fact, as i said, very few ships even have treasure.

and in the long run it costs more to get most of them. you don't find very many ships packed with silver or gold. martha: it's fascinating. i love that story about finding that pottery from only one town where it was made, and it's going to give you such an indication of the lives of these people. thank you so much, jim. >> thank you. martha: thanks for being with us. >> my pleasure, thank you. kelly: breaking news now, dominique strauss strauss-kahn, remember him? the former head of the imf accused and then cleared of rape charges in new york city? now we are just hearing of new charges coming against him. we'll have details after the break. the gulf, bp had two big: help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap and a state-of-the-art monitoring center, whe experts watch over all drilling activity twenty-four-seven.

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martha: this just crossing the wires. a fox news alert out of france now where the former head of the imf, the international monetary fund, you remember this man, right, dominic strauss-kahn? we learned he is to be tried on

charges of pimping in france. he is accused to being involved in sex parties where women were prostitutes. according to the charges there is no way he could not have known they were prostitutes. he could face up to 10 years in prison. very serious charges according to our producer who is confirming all of this for news paris. as you remember he was cleared of rape charges last year in new york city. you remember the whole story of the hotel maid who claimed he pushed her back in the room and raped her. those charges were dropped. we'll get word what he is being charged of along the lines of pimping in france. we'll get that to you when we learn. new details of the night of benghazi attack and one of the most see rearly wounded survivors who helped risk his life to save his colleagues and spent hours and hours, waiting for medical help. is his story is a whole new chapter in the benghazi story.

you will hear it live here today. welcome to a brand new hour of america's news room, everybody. i'm martha maccallum. kelly: i'm kelly wright in for. diplomatic security agent david ubben ran into the consulate to recover the body of foreign service officer sean smith. he fought alongside former navy seals tyrone woods and glen doherty who died as they tried to fight off the attack. chief intelligence correspondent catherine herridge joins us live in washington with more details on this story. catherine, does this prove the attack was in fact premeditated? >> reporter: confidential sources tell fox news during the second wave of the attack, security agent david ubben was on the roof of the cia annex along with former navy seals tyrone woods and glen doherty. in another sign the attacks were premeditated. three mortar rounds rein rained down on the compound. first one fell short 50 yards away you about subsequent mortar round were direct hits.

the both doherty and woods were killed with the mortar sledding ubben's right leg. then defense secretary lee on panetta and former cia director of david petraeus and former director of africa command carter hamm said over the weekened they knew it was terrorism within hours of the attack. with hearings scheduled on benghazi in the fall, lawmakers hope david usual hope he feels well enough to publicly testify. he is only survivor to witness both waves of the attack. first at the consulate and then at the cia pom pound, kelly. kelly: what are we learning about the actual evacuation? >> reporter: having made direct contact with you ben fox news is obscuring his photo to respect his request for privacy as he remains focused on his recovery alongside america's wounded warriors from afghanistan in walter reed. he is still months later being treated at walter reed medical

center. four state department employees including ubben were treated at benghazi. diplomatic security agents say the response on the night was inadequate on many levels. >> that's a good question. now, it wasn't a medical plane. >> is that what he told you? >> i'm just saying, it wasn't a medical plane. that medical plane has a door big enough to get somebody on a gurney through it without turning them sideways. we, we owed our people better than they got. >> reporter: there's actually no reference to a medical plane as being part of the evacuation in the state department's independent review of the attack and there is no specific reference in the testimony of then secretary of state clinton nor former defense secretary lee on panetta. we asked the state department said whether one was sent. it was already thoroughly investigated and they had nothing to add, kelly. kelly: catherine herridge thank you for that report. martha: boy, what happened, david ubben, waited for 20 hours

after he was hit on that rooftop with tyrone woods and glen doherty. his leg was shredded. we know he has been recovering for 10 months at walter reed as catherine just reported. he was defending the u.s. consulate and then no medical aircraft apparently was sent to the scene to get him out of there. how could this be? how did all of this happen? those are the questions that we hope we'll get some answers to in the hearings that are coming up in the fall that catherine also just mentioned. and byron york joins me now, chief political correspondent for the "washington examiner" and a fox news contributor. byron, for so long we have all wondered when we would hear the stories of the survivors and there have been a lost questions about why they haven't been speaking and now that one is, he has quite a story it would appear to tell. >> well, he does and the amazing thing about catherine's story, members of congress who have been investigating this for months and months have not heard it. they have never heard from a survivor who was on the ground

in benghazi that night of september 11th, 2012. they have tried and tried and not been able to do it. remember in may there was very dramatic testimony from gregory hicks, who was a top u.s. state department official but he was hundreds of miles away in tripoli. his story was pretty dramatic. imagine what we'll hear from people who were actually there. recently frank wolf, a congressman from virginia, accused the state department of actually making benghazi survivors sign non-disclosure agreements, saying they wouldn't talk about this. the state department says that is not true. they have not done that but the fact is we haven't heard from any of these people. republicans are hoping to hear from them in september. martha: you wonder why. i mean it makes no sense really they wouldn't want to speak out about what happened that night. it was no doubt a traumatic night for all of them and they have a story to tell and it's hard to imagine why they would not be able to tell their story unless they had been encouraged not to.

but as you say the state department says that is not the case. think about the president, byron, talking about the phony scandals out there and then i think of david ubben on the rooftop for 20 hours waiting to be rescued by somebody from his own country. how, do you as a president not address that? >> boy, this really does not help, you're right. the president and all three of his speeches this week in illinois and missouri and florida says the republicans were playing politics with quote, phony scandals. now the survivors themselves, their families and families of those people who were killed, all four people who were killed there are looking at this and saying, this is not a phony scandal. this is not a phony event. it really actually happened. and, again republicans have had a very, very difficult time on this. democrats have wanted to move on or post-traumatic stress disorder some other areas of the story. i mean benghazi is a multifaceted story. you have why weren't we prepared.

why haven't the perpetrators been caught yet. you have what did we do to help those people who were under attack for several hours, not just a few minutes, but for seven or eight hours on the night of september 11th. so that's the part that republicans have had the most trouble finding out about. that is the part they're going to keep pressing in sent. martha: byron, my mind bows back to the order to stand down and how none of this may have happened if that order to stand down had not been given and we still don't know who gave the order. that remains a serious question here as well. byron, thank you very much. >> thank you, martha. kelly: while we're on this topic, a brand news "fox news poll" on the consulate attack is out. a poll finding the majority of voters think president obama should have ordered u.s. troops to go in and help the americans in benghazi. 62% say the president should have sent troops into military action. 24% say the president was right in not sending u.s. forces.

a fox news alert in cleveland and a possible plea deal for the man accused of kidnapping three women and keeping them captive for about a decade. that's a live look inside the courtroom right now where we are expecting ariel castro to plead guilty to all charges and get life in prison with the no possibility of parole. garrett tenney is live in chicago. garrett, as we follow this trial what are the details coming out now? >> reporter: well, kelly, as we've been watching this case unfold over the last three months almost, after aerial castro was arrested on may 6th, we know his defense team has been very open in public about their desire to reach some sort of a plea deal. the death penalty is what they are trying to avoided. right now ariel castro is facing, as you mentioned almost a thousand charges and with those charges he is looking at more than 9,000 years in prison on top of additional two life sentences. so the death penalty is what they were trying to avoided,

whether or not he was going to spend life in prison, wasn't really a question ever for them. so we're expecting to hear the details of the plea deal agreement that is been reached by both the prosecution and the defense and those negotiations have been going on for several months now and here this morning we just got word late yesterday that they would be scheduling this. this is of course 10 days before his trial is set to begin. and after that trial begins they could not reach any of these plea deal agreements. kelly? kelly: what about the three women? they are the victims in all of this and certainly we have been enlightened and inspired by their statements in the wake of all this but what are they saying now about the development in trial or in this case, rather. >> reporter: you can only imagine after 10 plus years in captivity, being held hostage, raped, beaten by that man, ariel cast very allegedly this is something their attorneys said they want the whole process to be over with. they do have faith in the

process but they are looking forward to having this entire thing resolved so they can move on with their lives. of course with this plea deal agreement that would mean that those three women would not have to take the stand to testify in this case against ariel castro and be able to avoided reliving those experiences. kelly: garrett tenney from chicago. thank you for enlightening us about what is going on in that cleveland courtroom. martha: if you can believe it, there are more shocking new details in the anthony weiner online sex scandal. >> did you ever say to him that you loved him? >> yes. >> so you told anthony beaner that you loved him? >> yes. >> did he ever tell you that he loved you? >> yes. martha: there you go. they were in love. what else the woman is saying that is now threatening to destroy weiner's political comeback. kelly: plus a national memorial closed after vandals splattered it with paint. what police are now saying about the damage. martha: unbelievable. and bill o'reilly with some harsh criticism for president

obama. why he says the president has it all wrong when it comes to the reason behind income inequality. >> workers make more money when there is a demand for their services. for example, my salary has gone up because other people would like to hire me but with high unemployment and companies afraid to expand because of high taxation there's little incentive for businesses to pay workers more. president obama does not seem to understand that. hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

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martha: this story's awful the one of the nation's most famous memorials vandalized in washington, d.c. u.s. park police say that green paint was splattered on the lincoln memorial statue and on the surrounding floor. and they say that the damage is not permanent that it will be cleaned and it is going to be okay, which is great but who would do that? who would do that? we have to believe there are cameras that would pick up who would do that and guards that we

see there. so we're going to get to the bottom of this, kelly. we're going to find out who defaced abraham lincoln at the memorial. kelly: kind of america's favorite. martha: amazing place. kelly: want to talk about president obama taking to the road this week for a series of speeches, pushing his agenda for fixing our economy. the president warning that a quote, inequality of opportunity could undo any progress but our own bill o'reilly says mr. obama failed to explain why that so-called inequality exists. o'reilly blaming weak economic growth and little incentive for businesses to pay workers more. but he says that's not all. >> and then there is the cultural problem. even if there were plenty of jobs, most employers are not going to hire people who can't read well and speak proper english. right now the unemployment rate among black males ages 16 to 19, 57%! 57%! it is 25% for white

males that age. overall black unemployment, 14%. white unemployment, 6.6. the reason? in many poor neighborhoods there is chaos, violence, and little discipline in the public schools. kids are not learning. with the african-american out of wedlock birth rate at 73%, many young blacks are unsupervised and prone to imitate bad behavior. kelly: juan williams, fox news political analyst. mary catherine ham, editor-at-large for hotair.com. she is also a fox news contributor. thank you both for joining us. let's weigh in on what mr. o'reilly says. juan? >> well, you know, at the heart and soul he's right. there is no getting away from the idea that 73% of these children born out of wedlock, to me, kelly, just makes my heart, i hurt over this. and i think that it, signify as breakdown in terms of black family life. it's a huge, huge problem. but i would also add here that

we have a failure of education and i think even if the best kids and in the best schools, if you are going to schools that fail you, in so many big city schools i think are not producinged good educational products for young people. and i must point out here, the unions seems to me, they want to defend this. they like the status quote. i think that is why we need more charters and -- anyway. bill o'reilly is exactly on target when he says, nobody will hire a kid who doesn't, who can't read, can't add, doesn't have a high school diploma. these are basic things that have to be done. one last thought, you know, if this, when people hear this from bill, i think a lot of people dismiss it. they think he is trying to distract over the anger over trayvon martin case but i would advise people to listen here. i know that, you know, gets politicized so quickly but there's a lost truth here. kelly: mary catherine, what say you about this? look between, first of all, let's negate the fact of what is

going on out there. a lot of people to juan's point are looking bill o'reilly, here is this white guy talking about black america. how can he be so bold as to do that? yet, his approach is fresh. it is refreshing to hear that. >> if you want to have a conversation then -- kelly: have to be open and honest about it. >> allow people to talk. i think that should be part of how we have a discussion if you want to really have a discussion. a lot of people don't want to have a discussion and they want their side to talk and the other side to feel guilty and shut up and i don't think that is terribly productive. juan and i, both of us are in favor of child choice, frankly we grew up in communities where we saw schools fail kids and when you can get them out of that situation, sometimes you can get more economic mobility, you can get more, you know, chances at income. i think that's the difference between the president and me. we may agree i'm concerned about opportunities in the black community and i'm concerned anytime you have the number of young people who are unemployed at this rate and entire country

has problem with youth unemployment it can be destructive to the community, but we have completely different remedies for that. kelly: exactly to your point and i think that's why it was interesting to hear bill o'reilly take the note, actually challenge america. everyone needs to roll up their sleeves to get down into the mire and muck of what is going on in terms of education, not just poor black kids or poor hispanic kids, poor white kids. they all need help. to your point, juan, mary catherine, talking about charter schools, there is organization out there very much-maligned. baibaeo. black ally answer for educational opportunities. four college students sat down at a lunch counter could not be served because of segregation, fast forward today, four black students sitting down at a lunch counter they can be served the problem is they can't read the menu. that is staggering when you think about what is going on in america and something has to be

done about changing the education system around. >> i don't think there is any question. this sound like we're all on the same page here on this panel but i just think this is so overwhelming. it is stunning to me, given the civil rights accomplishments of in our lifetime, that people don't see this as the civil rights challenge of this generation to get that education system right. and just one added point, on something that bill o'reilly said, he said, you know what? you can't just tolerate this kind of rap gangsta culture that comes into the kids who are coming from maybe broken families, don't have good schools. watching tv. entertainment is rappers talking about bitches and hos and celebrating violence and go to jail to be real man. that is criminal what they're doing to our young people. kelly: mary catherine ham agrees with you. mary catherine, i'm taking your last word because we got to go. >> no problem.

i will let juan speak for me this once. >> thank you. kelly: thank you, juan and mary catherine. martha: this is important conversation to have and really coming out into the open and we're hearing a lot of discussion about it. i think that is a good move, first move at this point. all right, well it sound like something straight out of a hollywood thriller, this story. a woman thought she was taking fertility drugs but police now believe that her husband was giving her a daily dose of poison. unbelievable story. and also one quick-thinking lobster man surviving a close brush with death. what he did to stay afloat for hours while lost at sea. unbelievable survivor story. that's coming up as well. we'll be right back in "america's newsroom." >> this woman came out and jumped in the water, we've been looking for you for nine hours. i've been looking for you for 12 hours. [laughing] much

martha: strange story here. the university of pittsburgh has a neuroscientist who is now charged with murder. prosecutors say that dr. robert ferante, allegedly killed his wife, dr. autumn cline by lacing a drink with cyanide back in april. cline died three years later. mark fuhrman, former l.a.p.d. homicide detective and fox news contributor joins us from sand point, idaho. mark, welcome. what can you tell us about the evidence in this case? >> when you look at this, martha, the situation is you have a controlling husband that is about to be divorced by his wife and then the evidence is pretty clear. he orders cyanide from his lab at the school without having any project to actually need the cyanide. he has control over the drink or

the protein drink that he is actually putting the cyanide. they recover the cyanide. at the location. paramedics observed the powder and of course the victim was given cyanide. he has means, opportunity and motive and now you just have to convince the jury beyond a reasonable doubt. martha: well, you know, it sound almost like a fugitive kind of story when you look at this, this doctor, neuroscientist, charged in his wife's death. we would imagine there will be some other explanation on his part, right? >> well, you would think so but i think this personality trait we see in murderers where there's a husband and wife or boyfriend, girlfriend, i think it overpowers the natural, natural assumption that this guy is more intelligent than this, that he wouldn't do something so obvious and so stupid but i think these people think they're a little smarter than everybody else but this controlling nature in a relationship kind of overwhelms their judgment.

so, when it gets to a trial i think the prosecution instead of say we know what he did because her's -- here's a witness, they will go through the process of elimination, how it couldn't be anything but this man giving his wife cyanide over a period of time. martha: it looks pretty clear-cut. he bought half a pound of cyanide with a university credit card shortly before this happened. so we'll see. stranger things have happened though. mark, thank you very much. we'll keep an eye on it. >> thanks, martha. kelly: anthony weiner apologized to anyone on the receiving end of his lewd text-messaging. well, the latest resip yen is now speaking out. >> i feel sick about it. i'm disgusted by him. he's not who i thought he was. kelly: why this woman says she feels manipulated by the new york city mayoral candidate. that is coming up. martha: and damning new surveillance video of aaron hernandez. this story continues to get

worse for the former nfl football player. we'll have that for you coming up.

martha: new york city merrill candidate anthony weiner damage control mode after one of the women he allegedly exchanged racy messages with is speaking out and saying quite a lot actually. 22-year-old sidney leathers, telling "inside edition," she felt that nape lated by him because he was saying one thing

to her and another to his wife and voters. watch this. >> did you get the sense he was ability e acting out on those phone calls? >> absolutely yes. >> were they real for you, as well? >> i think it was a fantasy for the both of us. martha: sure it was. of course it was. that's all. no big deal. we have the host of roper and windy city live and david webb the host of the david webb show on siriusxm patriot and cofounder of tea party patriot 365. roe, start with you. it is getting to the point where you don't know where to begin with this. the fact of the matter is this man who could be the mayor of the largest and most seriously important and politically important city in the america. >> if not the world. >> if vote is of new york are stupid enough to vote him in they get what they expect. she is young and experienced doesn't seem quite right.

here is a guy who is arrogant, well-established politician. he has, he is not a dumb guy at all, right? he is taking advantage. this leverage of power should sicken anybody who goes into the voting booth to think about even casting a vote for this guy. martha: honestly that does not, i think meese women are complete participants in this whole thing. i don't really feel sorry for them i have to say. if you're going to spend your time tweeting with strangers and, taking pictures of yourself naked, and sending them to people, i'm sorry, i don't feel like this is a power play. i think feel like, she is loving being on "inside edition," this lady. >> she may well be. she may well be. martha: that part of the equation, i think is what it is but, you know, david, let me bring you in here. in terms of where all this is headed. why as a society are we still at the point where this is even a discussion? it's ridiculous. >> and let's apply the words roe used, power. you talked about where anthony weiner is. this is hubris and narcissism.

there is element of predator and power. power is key here. i don't excuse the women. at 23 years old she certainly has the ability to use good judgment. so she is is complicit, and larger thing, martha, our society. we've gotten to a point in american society, it is resilient, so it is not going down under the weiner-gate part two, three, or whatever, but where we come to when we accept this kind of behavior and are willing complicit partners with someone who takes the time not, not sex play utterances, types, reads and sends them and we're going to give him political position, making policy for millions, not a few thousand, not hundreds of thousands, but for millions of americans that can affect hundred of thousands businesses jobs all across this country. martha: there was an article this morning about how what he did is not nearly as bad as what bill clinton did. how bill clinton offered jennifer flowers a job. that he helped her to get

employment. that he was having an actual physical affair. i would argue it is the same thing, really. i think in terms of fidelity there is not really that big of a difference. >> it is the same. martha: but what do you make of that argument? there is one lone column fifth who saying hey, give him a break. it is really not that bad? >> i love where we've got en, martha. we're not -- it is not quite as bad as bill clinton? it is bad on its face. new york city voters residents of new york city they know about the thing about the mayor. he is emperor. he can make rules, 16-ounce soft drinks, all those things. imagine what a anthony weiner agenda could be possibly for new york. when you have autonomy and authority the new york mayor has, it is, on its very face it would be the most dangerous person you could possibly put in there. martha: we've got to go. >> most arrogant politician. martha: i'm sorry to cut you off. thank you for being here. a lot more i'm sure before we're

done. kelly: fox news alert in cleveland. we are looking at the courtroom and that is ariel castro the man is expected to actually give a guilty plea. we're expecting to hear that in kidnapping three women and holding them for nearly a decade. let's listen now. >> in case 574231, demand for discovery was made and posted on june 14th of 24 year. since that time, discovery has been ongoing and now there is a second case with the state, has provided discovery equally for both cases under the one case number, is that correct? >> correct, your honor. >> yes. >> all right. so under -- >> we'll provide you with our copy. martha: all right. we're going to jump in here. we'll keep an eye on this and we're watching ariel castro in court.

his attorneys are asking for a plea deal that would hinge on whether the prosecutor would rule out the death penalty as a defense is demanding here. this is a court procedure in an effort to get the death penalty off the table before they head into the trial. the jury is seated in trial phrase of all this. ariel castro one would argue took a way a significant portion of the lives of these young women. he held them for 10 years in his basement, repeatedly raping them according to the charges that we have. beating them according to some of the other charges. in one case forting one woman tr babe built she had miscarriages due to beatings. michelle knight did. so the stories that go into what this man is accused of are so horrific. that is from the video that the three women made to say, thank you to everyone for respecting their privacy and boy, are they examples of, you know, an attempt at resilience and human spirit the likes of which we haven't seen in a while.

kelly: so inspirational to hear what they had to say how one lady would talking about, she would smile going through hello. that is how much of the strength she had. all three women, basically, showing how much strength they have and they need the time right now to heal so as we look at this case right now, as we talked earlier, we were discussing how the possibility exists that ariel castro could enter this guilty plea, face life in prison with no parole and that would save these three women from having to come forward in a court of law and actually testify publicly about the ordeal they went through which was so horrendous. martha: you know, and we don't know yet whether or not that is something that they would want to do, would not want to do. for each one of them, they would have their way of wanting to have some closure on this and to see obviously this man punished who held them. you think about amanda berry and the cries coming from pushing out door in the moment that she had to get someone's attention

across the street and finally get out of there. it is so extraordinary he was able to hold these women for 10 years in the basement of this house and i think it's evidence to that fact that when she had that one chance -- kelly: she took it. martha: pushed her way out the door and took it. so it's an extraordinary, awful, horrible tale and this man is getting the justice phase of all this. do we, are we bringing in guests here, folks? let's bring in criminal defense attorney keith sullivan and former prosecutor brian silber. keith and brian, good to have you here today. >> thank you. martha: keith, let me start with you. what's happening here? >> it looks like that he is facing over a thousand charges. his attorneys looked at the evidence. they determined the best way to resolve this, enter a guilty plea, spare everybody the trauma -- drama of a trial and so forth and this is a conference hearing which we're expecting that he may be pleading guilty.

martha: all right. brian, how do you think, do you think that's likely? >> absolutely and i think it's actually a very good move for both side. you know, of all the tremendous evidence that the prosecution has in this case, i think the one question is about the feet tall homicide and that is the one charge he could get the death penalty for, if he is in a death penalty state. frankly if they took that off the table and said, listen, plead guilty, take life we'll close the case out, that's a good deal for everyone if that is the deal -- martha: hold on one second. we want to listen here. >> the negotiation process, they have ceased doing some of those things because they feel this agreement is what you wanted to do. are you aware of all that? >> yes, i am, your honor. >> thank you. >> mr. castro, have you had a chance now to read and review the newer indictment which is 977 counts in case 575409?

>> yes, i have, your honor. >> and did you have a chance to discuss that indictment with your counsel? >> [inaudible] >> you understand that there are numerous charges, some of them have the same type of claim or allegation but they span different time periods and different incidents that are alleged. >> are you aware of that? >> yes, i'm aware of that. >> thank you. mr. castro, you're here because i have been presented with what is marked as state's exhibit 1 which purports to be a written plea agreement and recommended sentence to this court. have you been in receipt of this document? >> i have, your honor. >> and have you had a chance to read this document?

>> [inaudible] >> you read it? >> i read -- [inaudible] >> all right. you've had a chance to talk with your attorneys about this and asked them any questions? >> during the hearing this morning. >> they met with you in the holding cell here correct, this morning? >> [inaudible] >> and this is signed by a number about people. mr. weintraub, you have signed this original marked state ace exhibit 1 in blue ink, is that correct? >> yes we have, your honor. >> you have signed it on behalf of the stated, is that correct. >> yes, your honor. >> finally, mr. castro, more importantly there is signature here on the signature line is that your signature ariel castro accepting 24 plea agreement, on page 18.

>> that's correct. >> so this is your signature? >> that's correct. >> mr. castro, my understanding from meeting with your counsel and counsel for the state is that a plea agreement has been reached in this matter. are you fully aware of the terms and do you consent to that plea agreement? >> i'm fully aware and i do consent. >> you understand that by virtue of the plea, you will not be having a trial? >> i'm aware of that. >> i will ask mr. mcgin this y or someone else in the prosecutor's office to generally outline the plea agreement and talk with your attorneys and ask them some further questions. then i will speak with you again. if you have questions for me at anytime, please ask them. if you need to take a break at any point, again please let me know, okay? >> thank you. mr. thomas. >> if it please the court before we begin recitation of the plea

make a motion to amend the indictment with jane doe. jane doe 1 is michelle knight throughout the indictment. jane doe 2 is amanda berry throughout the indictment. jane doe 3 is george gina de jesus throughout the indictment. and jane doe 4 is joscelyn berry. date of birth, 12/25/2006 throughout the indictment. >> any objection to that proposed amendment? >> no objection. >> the counts that correspond to the various jane doe, 1, 2, 3, 4, have been amended. they will incorporate instead of jane doe 1, it will be michelle knight. for jane doe 2, it will be amanda berry. for jane doe 3, it will be george gina dejesus and jane doe 4, joscelyn berry, date of birth, 12/25/2006.

mr. thomas. >> thank you, judge. the broad outline of a plea and i know you've gone through the document in detail is as follows. the parties have agreed to a negotiated recommended sentence to the court and we ask the court to accept it based on the contract before you. as to count one, count two, would be merged into count 1 and the court with a finding of guilty in both on the plea of aggravated murder and the -- martha: all right. there you have it. a plea do deal has been reached there will be no trial in the case of ariel castro, the man who was accused and now has pled guilty to holding three women, gina dejesus, michelle knight, amanda berry, there is fourth woman on the list as well, the little girl, joscelyn berry, who is the daughter of amanda berry. what an unbelievable story this has been. let's bring our attorneys back in. criminal defense attorney keith sullivan and former prosecutor

brian silber. as a former prosecutor, brian what do you think about this. >> i think it might be the right move for everybody. you have to think the victims as a prosecutor. to put the women in trial and sit there and describe all 900 counts that are being indicted it would put them through the wringer once again. if this guy gets locked up rest of his life around never see the light of day and get what is he deserves i think that is good resolution for everybody. martha: keith what do you think. >> i couldn't agree more, martha. you spare the women the trauma and tragedy to relive this this is very sick and twisted individual. he needs to be in a mental hospital probably more so than a jail but that is where he spend rest of his life. if you challenge all the sentences, shy of 900 charges, 978 he said he will be convicted on just about all of them. tough, tough case to even try to begin to defend. martha: yeah. you know, you're so right and it

does, as kelly was saying before, it allows these women their peace aptheir privacy to deal with the horrific situation that they lived in for a decade in a basement in cleveland. when you think about the fact that these women were written off, nobody thought that they were still alive. and they were living in these horrible circumstances when they went in there and found, at times they were chained to the basement. when you think about everything that you learned in this, the assault, the beatings, the rapes, the kidnapping, it is no surprise, keith, that there are 977 charges against this man and really his four victims, the little girl as well who suffered in living in those conditions. >> absolutely. you know, and i heard some commentary this morning how could these attorneys stand up and defend this guy. and i applaud them because what they're doing is defending the system. we all deserve that. >> absolutely. i agree with this. >> they looked at this, you're

not going to win. there is no constitutional challenges here. you're going to be convicted. the evidence rises beyond a reasonable doubt. you will be convicted. you will spend life in jail. let's resolve this, and spare everybody, including your own family the trauma of going through this and that is what the defendant did. the system worked. martha: it did. and, you know, in terms of these guys defending him, i don't think anybody wants to imagine what it would have been like going through this whole process and how do you, you know, how do you defend somebody like that, but you guys are right. we live in a, the best justice system in the world. it has flaws but it is the best system in the world and perhaps we have come to the conclusion in this that seems to be best for everybody. kelly, do you want to weigh in? kelly: that is the rule of law and that's what we live by in the united states and this is something definitely we need to see. again this coming to a close, ariel castro, going into a plea of guilty, facing life in prison and will obviously receive that.

meantime we have new details on nsa-leaker ed snowden. he is still in limbo in russia, martha, but there is now word that the justice department is giving russia guaranties if they return him to the u.s. what is that all about? we'll have more straight ahead.

martha: lot of news today. here's another fox news alert for you. the department of justice is now saying it would not seek the death penalty if nsa leaker edward snowden was returned to the united states. this is all in a letter that has been sent to russia. they're also assuring the russian government that edward snowden would not be tortured. the statement was made in response to allegations made by russia but it is very interesting when you take a look at what the united states is promising in this letter that they would treat mr. snowden in

an ethical way. in some ways it is shocking we would have to promise these things to the russian government. most of these things you would imagine go without saying in terms if he was returned. a lot of discussion will surround this. it appears we may be in the middle of watching a process take place that might bring this man back to the united states. we'll see. kelly: good possibility there while we're following that story here's another one. pope francis celebrating world youth day in brazil. hundred of thousands of young pilgrims around the world are gathering to hear his message. they're jubilant. religion correspondent lauren green in the newsroom with details. lauren, another busy day for pope francis after last night's welcoming ceremony. >> reporter: the crowds are waiting for another event in rio they're having right now. not as jubilant as last night's event which was the first major event of world youth day. an estimated a million young pilgrims crowded into the

copacabana beach to hear the pope's address. the more informal brazilian show highlighted latin culture on display for the first latin american pope. the show and message for the locals was one of hope and future. >> translator: i want to thank you for this testment of faith you're showing to the world. i always heard the cariocas don't like the rain. but you're showing that faith is stronger than cold and rain. congratulations. you are true fighters. >> reporter: one major event planned this afternoon, solemn ceremony for the way of the cross where he reads a specially prepared texts. kelly. kelly: now there are concerns when the pope goes anywhere now the weather is adding to the problems. >> reporter: this trip continues to be a security nightmare for officials. the pope's impromptu style, traveling in open-air vehicle

responding to pilgrims getting amazing access. if security is not, weather force ad change in venue for sunday's open-air mass which was supposed to be held in the country side 30 miles from rio. non-stop rain turned the rural sight into a pit with knee-deep mud. instead it will take place at copacabana beach. the prayer is very important. it recalls the incarnation when the angel came to the virgin mary telling her she would be with child. of course that child is jesus, kelly? kelly: i recall standing in ankle deep mud listeninging to e pope john paul in west germany in the 1980s. >> reporter: pilgrims are powerful people. kelly: they are and troopers, lauren. thanks. have details to tell you about the deadly train crash that happened in spain. what a horrible image that is as investigators officially de-- detain the driver of the chain

now. the accusation now is he was going way too fast. more on that coming up. all business purchases. so you can capture your receipts, and manage them online with jot, the latest app from ink. so you can spend less time doing paperwork. and more time doing paperwork. ink from cha. so you can.

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martha: well, new uncle prince harry weighing in on britain's newest heir to the throne, and he talked to reporters yesterday, said that his new job involves protecting the newest member of the family and making sure he has a little fun. the rest, harry says, is up to the parents. he's also willing to help out with some baby sitting duties, but he let his brother know that he is, quote, very expensive. kelly: lots of diapers. martha: they're having fun. all right, kelly, thank you so much. great having you with us today. don't be a stranger, come back again soon, okay? everybody have a great weekend. "happening now" starts right about now. jenna: and right now we have brand new stories and breaking news. rick: that's right. the court-martial of an army private charged with leaking top secret government documents wrapping up, the prosecution's

final words on bradley manning. plus, former mobster and colombo crime family captain joining us talking about what made him walk away from his life in the mafia. and the impact of iodized salt on our mind. it's all "happening now." ♪ ♪ rick: and "happening now" we're getting a new look at newly-released photos showing former nfl star aaron hernandez holding a gun. thanks for joining us, i'm rick folbaum. jenna: i'm jenna lee, and those pictures are taken from a surveillance camera that was apparently inside the home of aaron hernandez. police say they were recorded hours before and minutes after his friend, odin lloyd, was shot to death. the pictures are part of more than a hundred