>> barbecue. >> alisyn: come back tomorrow. >> steve: in the after the show show, we'll talk more about david about his book "dog tripping." thank you for joining us. we'll see you back here manana. >> brian: say good-bye. >> alisyn: good-bye. let's get after it. fox news alert now. after a month landing at moscow's airport ed snowden on the move for the first time. the nsa leaker is said to leaving the airport officially entering russia after granting temporary asylum. vladmir putin has made a move. i'm bill hemmer. welcome here to "america's newsroom." you have come back for more. >> i decided to try another day. i'm heather childers in for martha maccallum. snowden has been in limbo at the moscow airport since june 20 third. the u.s. wanted russia to send him back home to face prosecution for spilling secrets about the u.s. surveillance

program. instead russia granted him a year of asylum. bill: we wonder what is next. greg palkot live in london. there are a lot of rumors that he could go to cuba or venezuela. what is the latest there, greg. >> reporter: hello, bill and heather. by our calculations about an hour 1/2 ago he left his limbo status there at the terminal at the moscow airport. edward snowden the nsa leaker, is now traveling into russia. traveling to an undisclosed location according to his lawyer. indisclosed because of security concerns. he also, we have just learned, traveling with a member of the wikileaks organization, the whistle-blower organization assisting him in all of his various travels. this refugee status allows him to live and work in the country for one year and then, who knows. again, he's been on the move for five 1/2 weeks after unleashing that raft of surveillance data

that he acquired from his time as a contract employee for the nsa. he has been moving from hawaii, to hong kong. moscow was supposed to be a temporary stopover. he was granted asylum rights in a couple of latin american countries. without travel documents and overflight possibilities he is stranded there but he is now on the move, bill. bill: we heard from one russian official his case is so insignificant that it will not dodge u.s.-russian relations. you wonder what the white house has to say on that later. but on that point and this point what happens now, greg? >> reporter: russia and the united states are trying to have it both ways. they're trying to make political hay out of this but also trying to tamp things down. according to a kremlin official as you just said, he said diplomatic ties to the united states will not be impacted. that this is an insignificant case. washington however has been demanding that russia extradite snowden. they want to press espionage

charges on him but president putin has rejected that. by allowing at least temporary asylum status, empolice italy embracing this guy a little bit, there is also the threat that president obama might cancel a stopover in moscow on a trip to russia in sent for the g20 summit. according to kremlin officials this is not going to happen. everything is fine. and again the washington side they have been trying todown play this a little bit too. they don't want this snowden affair to rock their entire international relations with russia however they want this guy but now he is a little bit deeper inside rush share, we'll see what the white house says later. thank you, greg palkot for the breaking news out of london today. >> another big story we're following, sentencing day for the ohio man that pleaded guilty to kidnapping three woman and keeping them captive for a decade. before we know how much time ariel castro will get he will

have the opportu we may hear from one or more of the three victims whose innocence and youth he stole. gina dejesus, amanda berry and michelle knight. they escaped from castro's house in may. garrett tenney is live at the courthouse in cleveland, ohio. what are we expecting expectingt today, garrett? >> reporter: we're expecting for the prosecution to put on what they're calling a mini-trial. putting on display the mounts of evidence they have collected over the last three months since ariel castro was arrested and those three women escaped from his home on seem more avenue. that evidence includes 48 pages of discovery and 76 disk of photos. they have much more evidence they will put out there to show exactly what these women went through. you can see there in the courtroom the model of ariel castro's home. the prosecution will be showing where the women were kept and

where these various abuses that they underwent took place there in that home. and we're also expecting to hear some sort of a statement from ariel castro. we're told that could be lengthy. the judge has said they will limit today's sentencing hearing to five hours. we're hoping and expecting to hear from at least one or all three of the women. that could be live in the courtroom, via statement or through some type of a video they prepared as well. >> garrett, we understand that the victims kept diaries during their unimaginable ordeal. what are we learning on that? >> reporter: yeah. you know we've been out here since it all went down about three months ago and every day as you learn about what these girls went through you think that it couldn't get any worse but every day it continues to. last night when the prosecution released their, prosecution or their investigation and sentencing report they detailed what were in those journals.

i want to share with you here a quote they had describing those diary entries. it says, several diary entries document abuse and life as a captive. the entries speak of forced sexual conduct, of being locked in a dark room. of anticipating the next session of abuse. of the dreams of some day escaping and being reunited with family, of being chained to a wall, of being held like a prisoner of war. so throughout today's hearing we're expecting to learn more about these details of those journal and diary entries which the prosecution says were key to their case against ariel castro and bring forth many of those charges. the 937 charges that he has pleaded guilty to. of course he is already looking at life in prison in addition to an additional thousand years and the judge could add on to that at today's hearing. back to you. >> thank you, garrett. we're keeping an eye on the courtroom. when ariel castro comes in or

there is any movement we'll take you there with the very latest. bill? bill: heather, thank you. meantime a scathing report on eric holder. house republicans claiming the attorney general deceived and misled them when he testified about his department's spying on reporters including fox's james rosen. now back in may holder, under oath, said this to the house judiciary committee. >> with regard to the potential prosecution of the press for the disclosure of material that is not something that i've ever been involved in or heard of or would think would be a wise policy. bill: however just days later we learned the attorney general signed off on a warrant to snoop on rosen's e-mails and phone records and including his parents in staten island, new york. elizabeth plan in washington. what was in the report, elizabeth? >> reporter: hi, bill. in the 70-page report house committee members accuse eric holder of tampering with the truth. he attempted to go around proper

congressional oversight and accountability specifically during that may 15th testimony. >> they would tell the court as they did in the rosen case that it was, they had probable cause he was at least an ader, abetter or could conspirator in a espionage case and turn around and tell us we never had any intention proves cuting him. seems as though a contrived way to get access to the e-mails of reporters which is exactly what they did in the rosen case. >> reporter: they say rosen's holder's congressional testimony was suspect when. a warrant did approve rosen to be a suspect and allowed access to e-mail and phones in that original warrant. some lawmakers say holder is failing within his role in the department and they called the administration to make a change in leadership. bill: it appears to have gone to a new level. horse the justice department

responded to this letter? >> reporter: yes. while the justice department previously explaining the investigation involving rosen never escalated into any prosecution they also responded late yesterday and in part the quote reads, the report was produced on a purely partisan basis. it is purported findings are contrary to the record and strongly disputed by many of the committee's own members. they went on to say the department has already revised its guidelines for investigating media leaks to protect reporters bill? bill: elizabeth, thank you. a little bit later on our program the chairman of house judiciary committee behind that report blasting the attorney general. that is bob goodlatte out of virginia. a member about house. he will be our guest live. do not miss that. meantime. 10 minutes past. heather? >> still could come, jay carney cornered on what scandals the white house thinks are quote, phony. >> whether it is about the attacks in benghazi and the talking points or revelations about conduct at the irs that

attempts to turn this into a scandal have failed. >> so, do the families of the four dead americans in benghazi think that it's a phony scandal? we'll have reaction. bill: more stunning revelations in the irs matter. did agents snoop into the religious beliefs and background of the groups they targeted? a key congressman on the line that he believes the irs has crossed. >> we'll hear about that. plus a chilling 911 call. a woman trapped in her car as it fills up with water. >> i need your location. where are you, so i can send you help. >> i don't know. my car has flipped over and it is full of water. >> the desperate rescue and how this ended. [ male announcer ] eligible for medicare?

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this. a chilling 911 call released of a woman desperately begging for help as her car filled up with water. listen. >> i can't get out and it is filling with water. >> okay, where are you? ma'am, you need to tell me where you are. >> on 30th street. oh, no. please help me. heather: oh. police in indianapolis saving the woman, trapped in her overturned car. she was in a pond. she apparently fell asleep behind the wheel before running out or off the road. dispatchers were unable to locate her but three officers, they found her in time. >> once she was out, there was, like, eight inches of room in the car that wasn't filled with water. >> if we wouldn't have found her, i believe she probably wouldn't have been found for days. heather: you hear him? just eight inches left without

water. the woman is expected to be okay. she is recovering from minor injuries. bill: there are two new reports blasting the irs yet again. one saying irs official lois lerner was okay asking religious groups about the content of their prayers. another ask if she may have shared confidential tax information with the federal elections commission, the fec. she has not answered lawmaker's questions in the hearing you see from two months ago. congressman kevin brady member of the house ways and means committee. democrats will say what can you prove about this? there is apparently an allegation that connects the irs and religious organizations and what they asked. what is the beef? >> the deeper we bo into this the investigation the more frightening it becomes as abuses of power. what we now know is the irs was even deeper into your religious speech than we originally thought. this is absolutely chilling from the standpoint that look, who

you pray to and what you pray for is none of the business of this government or anyone in washington. and so we now know clearly it's deeper than we originally thought and, you know, now new evidence as well is that the irs was sharing private taxpayer information with other agencies. bill: now why would the irs team up with the federal elections commission? why would that happen? >> well, it is the whole targeting scheme. using this government to silence the voices of conservative americans, that they simply don't like their viewpoint. and our worry, my worry from day one has been with our local king street patriots tea party that applieded its application. was harassed both by the irs, targeted bit fbi, the atf, at one point the department of homeland security. the irs said all along it has never shared this information with other agencies. we now have e-mails that show it is. bill: what does that mean?

were they in collusion to find out who was, who was teaming up on the other side politically? what does it mean? >> from the e-mails that we have seen now proven it's clear that political appoint east of the white house used both the irs and the federal elections committee to harass a conservative organization who just wants to be involved in our democratic process. my guess is we'll have a very, we are conducting a very they arethorough and very deliberate investigation. my guess is we find even more of this. bill: oh, wow. jay carney just yesterday said that republicans have yet to bring the proof and the evidence that there's, that there is fire where some suggest there is only smoke or even less than that. what would you say? >> well, jay carney wishes these were phony scandals but for folks back home, who actually were damaged by these abuses of power, who want answers i'll tell you these abuses of power are frightening.

we'll get to the bottom of it. my frustration is, i think the senate ought to agree with the house. we're passing a bill this week that says, lois lerner and others can no longer stay on their salaries while they're being investigated. we ought to hold them accountable now. bill: danny werfel is testifying today on this matter. i think that hearing starts at the top of the next hour. will he be asked about it? >> yeah. absolutely. as you know we're, what, two months away from obamacare being ready to go. the white house testimonies us, irs tells us everything's a green light but families know obamacare is not ready for them. the exchanges are not up and running and what is likelihood the irs will protect their taxpayer information when sharing it with seven different agencies? my guess is the data hub is a big target for hackers and we don't trust this white house to protect that information. bill: is that what the purpose of that hearing is on the implementation of obamacare?

if that's the case what are you trying to figure out? >> you know we're trying to figure out exactly where they're at. for a family, october 1, when they go to the exchanges will it be up and running? will i see my $2500 in savings the president promised me? secondly, when i share my information, will that be protected when you're sharing it with seven different agencies? and again, my guess is, they are not ready. there is going to be real problems. i think average families who now know obamacare is not ready for business, is it ready for my family, my kid, my loved ones? i think the answer is, no, it's not. bill: see you at 10:00 a.m. when the hearing begins. kevin brady from the hill today. heather. heather: you may want to check your freezer. 50,000 pounds of ground beef just recalled. we'll tell you why. bill: holy hamburger. why was george zimmerman pulled over? heather: and where? what are you doing back there?

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bill: police outside of dal last stopping george zimmerman for speeding. it was on police dash-cam video. this is how part of it unfolded. >> -- insurance. >> [inaudible] >> okay. sure go ahead. bill: check out zimmerman's answers where he is headed and if police know who he is.

bill: well, coincidence indeed, huh? he was out for a drive. police sending zimmerman on his way with a warning. now we know where he is. he is in the state of texas. heather: maybe he didn't want to be specific because he knew where he was recorded. looking out for family and stuff right now. bill: took about five minutes, on his way. rolling back down the highway. heather: well a massive beef recall nationwide that you need to know b a kansas company recalling about 50,000 pounds of ground beef products over fears of e.coli contamination. now the products produced on july 18th. jonathan serrie is live for us from atlanta with more. jonathan, so what do we need to watch out for? >> reporter: yeah, hi, heather. definitely check your refrigerators and freezers. this beef recall involves more than 50,000-pound of ground beef from the national beef packing company in the state of kansas. now in addition to the national beef brand, the recall affects

two other brand that this company packs under those brands are nature's source and nature well. all of the products in question bear the establishment number, est-208-a. you will find that number inside the usda mark of inspection. the ground beef was processed on july 18 and originally packed in 10-pound chubbs. a chubbs a plastic tube you find ground beef similar to the ones you see on your screen. the chubbs were stacked in 70-pound boxes shipped to grocery stores, wholesalers and food service distributors on the country. on the website, national beef writes quote, this recall is voluntary. there have been no reported illnesses related to the recall. we're working closely with authorities to investigate this matter and are contacting our customers who have purchased this product. heather? heather: so what should consumers do if they have any of these products in the

refrigerator right now? >> if you have any of the products right now, throw them out. you don't want to take any chances. but when dealing with meat products in general, ground beef in particular, public health officials say, any product, even one that's not involved with this recall, you should cook it at temperatures of at least 160 degrees fahrenheit to kill any possible e.coli bacteria contamination. before and after you handle any raw meat, they say you should wash your hands, ideally with warm, soapy water, to avoided cross-contaminating any other food items in your kitchen, heather. heather: jonathan serrie reporting live for us. bill, i think you have a fox news alert for us. bill: i do. meat on the grill. got some breaking news. chief and, ohio, that is ariel castro. he is in court. he has arrived. this is the beginning of the sentencing phase for castro's next step in this legal battle

that wrapped up fairly quickly actually. there's a possibility now not only will he speak today in court but one or more of his victims may address him face-to-face in if and when that happens we'll take you there live inside that courtroom in cleveland, ohio. >> >> 27 minutes past. after five years hyped bars, o.j. simpson win as legal battle. is this the end of jail time for the juice? heather: we'll find out. new calls for a new investigation into the benghazi terror attacks. who republicans are now pressing for answers and why they want them fast. >> only after you get all the hands and cooks in the kitchen then suddenly this morphed something it really wasn't and what i think history will show over the course of time is when the president and the secretary of state and others continued to go out, jay carney at the white house, continue to go out and perpetuate this story about a video, it never happened.

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i gotta go deposit a check, transfer some money. so it's your uncle's turn. what? wait, wait, wait... no, no, no, wait, wait. (baby crying) so you can deposit a check... with the touch of a finger. so you can arrange a transfer in the blink of an eye. so you can help make a bond... i got it. that lasts a lifetime. the chase mobile app. so you can. bill: the fbi will soon have a new director and a group of republican lawmakers want answers asap on benghazi saying 10 months is unacceptable. my next guest rote wrote the letter along with lindsey graham. jason chaffetz, member of house oversight and government reform committee. good morning. >> hey, bill. bill: what will the new director do? >> look, he is in charge of this. i hold the president responsible. i want the administration to

have the same sort of approach and tenacity we did in the boston bombings. in the boston bombings we had four americans killed, terrorists involved. the whole country was focused on capturing and killing these terrorists. i want to have that same sort of intensity of obama administration to capture or kill the terrorists that killed our four americans in benghazi. bill: you know a tv network reached to one of the suspects, talked to him for two hours. have we? >> yeah. evidently not because, you have "the wall street journal," you had cnn, goes over there they find a diary days after the event. they go more than 10 months after. they're able to go into benghazi. the person says he has never been contacted by united states government or the libyan government. he is the head of ansar al sharia which has al qaeda ties. i just don't see any commitment from the administration to bring these people to justice. bill: i'm going to show our viewers a little bit about the letter that you wrote on the screen now and quoting. rumors continue to swirl about the whereabouts of suspects

involved in the attack. the fbi continues to add pictures of potential assailants to its website and ask the libyan people to as sis with identifying the alleged perpetrators. we struggle to understand why we don't know more about those that attacked two u.s. compound and murdered four brave americans. what do you want to add to that? >> well, look it. it is not good enough to just put a poster up at the post office and say, hey, if anybody sees anything, give us a call. we need to make sure there's this same sort of tenacity to get after these terrorists. remember, we have a lost embassies that are not well-fortified. we don't have the proper personnel to secure them. we have deathtraps that are out there and we have terrorists who have a propensity to do this. remember the benghazi compound was bombed not just once, not just twice, but three times. and this government failed to bring the perpetrators to justice after the first one, after the second one and then after the third time it takes four americans lives. do you think they're going to

stop or do you think there are other american lives out there that are at risk? that's my concern and i want to hear from the fbi director and from anybody in the obama administration to give us a degree of confidence that they're taking this seriously and that they're going to capture or kill these people. bill: some on the other side consider it a phony scandal. what would you say -- >> to hear, to hear jay carney say that is so offensive. we have four dead americans. we have a person who was maimed and injured in that event who is still in the hospital still in the hospital more than 10 months later. to say this is some phony political scandal just flies in the face of the facts. the president, secretary of state hillary clinton, they all looked the american people in the eye and they said they were going to use every resource we have to bring these people to justice. how about using the same sort of resources that a news organization puts together in 24 hours? let's start there. that would be a give start. bill: you're giving them 30 days to respond. fbi took them weeks to get on

the ground in benghazi in the first place. do you expect answers within 30 days that will be satisfying? >> well, look they have got a new fbi director. we'll give him a chance but we want to make, we send a clear signal. we have important people like tray gowdy and chairman issa and jim jordan and kelly ayote and lindsey graham. we have a whole host of people there saying to the fbi director, we know you're coming into the office. you don't start until the first week of sent september please come to the congress. give us an update. tell what is happening and degree of confidence that you're pouring resources like you did into boston that you're pouring them into to find the perpetrators, terrorists that killed these people in benghazi. bill: james comey will be on the job in a month's time. jason chaffetz, thank you for your time today, from the hill. >> thank you, bill. heather: this is a live look inside the cleveland courtroom where the sentencing hearing for ariel castro is just underway. now cast slow admitting to kidnapping and holding three women hostage for more than a

decade. we are expected to hear from castro as he is given the opportunity to speak and we could hear from one or more of the victims. joining us now is former prosecutor dan schorr. dan, thank you for joining us. and as we watch events unfold in the courtroom right now, is it unusual that we will be hearing castro speak? >> it is not unusual when ever a defendant is sentenced. they have the opportunity to speak. if there is not agreed upon sentence as there is here, someone convicted at trial and arraigned at sentencing the defendant will often speak and ask for leniency. here however, we know what he will get as a sentence life plus a thousand years with no possibility of parole. what he says has nothing to do with the sentence but he has the option to speak however. heather: he pled guilty to 937 counts including murder, kidnapping. the deal dropped the death penalty. that is off the table in exchange for what you just mentioned, in terms of a

sentence. ariel castro's sister spoke yesterday and she said that she expects he will give a lengthy segment today, a speech today. he is going to talk about his life and that it is going to give a more personal side of him. you know, how will that affect, if in any way the outcome of the sentencing? >> well a lot of times in cases defendants will talk about the tough life they have had and how that may explain some of their criminal behavior but here the criminal behavior is so egregious, so abhorrent, taking three women, kidnapping them, sexually abusing them, beating them over a decade there is really nothing he can say that will in any way explain or mitigate why he committed these crimes. however he may do what he thinks he has to do try to explain it away. try to make an excuse. for most of us, if not all of us it won't matter what he said. because we know he is this terrible person who took three women in the prime of their lives and kidnapped them and raped them and abused them for a

decade. heather: may not matter what he says but we are also hearing we may hear some victim impact statements today. the three women involved who were held captive for a decade. what do you expect to hear from them and what impact will that have on the sentence? >> well, their statements if they are given will be very powerful because we'll hear some first-hand account of what they went through over this time. now those victim statements can be given in person. they could be given via video screen or they can be read by a prosecutor or someone else. however it won't affect sentencing because the sentencing is already agreed upon. it is life plus a thousand years with no parole. it will mean a lot to hear what they went through, although we already know how horrendous their experience was and our hearts go out to them. heather: what about impact of in terms of a future appeal or possibility of? >> part of the plea he has no right to appeal except for a very few exceptions. he won't have a right to appeal unless there is something that went wrong with the plea but

there doesn't seem to be any indication of that. it is life plus a thousand years and no parole. he will die in prison. heather: thank you very much, dan schorr. we appreciate it. >> thank you. bill: we're awaiting the possibility that some of the victims could address him in court. i bet that will be very dramatic if that takes place. heather: definitely. we're hearing parts of their diaries they kept and it is just awful. bill: it is a long hearing. could go five hours. back to cleveland with headlines. scathing report on america's top cop. >> republicans on the house investigation committee transmitted report of the committee staff to the president of the united states to bring to his attention this lack of leadership, continued failings on the part of the chief law enforcement officer of the united states, the attorney general. bill: here we go. that is bob goodlatte. why he beliefs the ag misled and deceived congress under oath. he will join us later here in "america's newsroom." heather. heather: you have problems with

obamacare? so do democratic members of congress. we'll explain. bill: can euro bottom do this? i say can euro bottom do this!? what this bot can do that no others can match. heather: interesting.

♪ heather: what is that? bill: check it out. heather: pretty cool. researchers at the university of pence creating a one of a kind robot with six curved legs. it can jump. it can climb. it can do a handstand. it is name by the way is rhex. scientists have been working on it more than a decade. they hope the robot could be one day used by the military for search-and-rescue missions. bill: that's cool. heather: yeah. bill: a bot. if you like many americans are worried worried about obamas impact on health care coverage

so are members of congress, democratic members of congress. the president we hear was getting an earful on the hill yesterday from fellow democrats. that is because under the new law the generous health plans and lawmakers and staffers and aides enjoy, they remain in limbo under obamacare. there is serious concern about a brain drain leaving capitol hill from the very people that passed this bill into law. byron josh, chief political correspondent from "washington examiner" fox news contributor. good morning to you. what is this about? >> first of all members of congress and their staff are happy with their health care plan. it is a good plan and the government pays for 75% of it. so they're happy with it. go back to the obamacare debate. obviously republicans opposed it of the at one point in the debate senator charles grassley, republican senator from iowa said, look if we force all the americans to buy health care on exchanges let's fours orselves to do it too. we put in the amendment that

would force congress and their staff to get their health care through exchanges. he thought the democrats were going to kill it but they actually let it go. it is part of the obamacare law. bill: meaning what grassley wanted was to make sure that people serving in congress or work forge members of congress were living by the same rules that the rest of the 300 million americans would live by, right? >> that is exactly right. now that it is on the horizon they are not happy about it. so what will happen is, if the law actually takes effect in the wait that it is written members of congress and their staff who now have this good health insurance, the government pays for 75% of it, they will have to go on the exchanges and buy insurance themselves. lower income ones would be eligible for subsidies like everybody else on obamacare. higher incomes would pay for themselves. it would be a bad deal for them. they don't like it. what they're trying to do is find a way out of it. they could change the law which is a long shot, republicans

would not allow that to happen. they're personally appealing to have president obama, office of personnel management make a rule that would allow the government to continue that 75% subsidy just when they buy health care on the exchanges. bill: byron, there's a whole lot in that answer there. does this mean that members of congress and the people who work for them will get better health care under obamacare because they get an exception as opposed to rest of the america? >> they obviously don't think so because if they actually went on the exchanges like everybody else, they're saying, you mentioned it earlier, gee, all of our best staff would leave. there will be members of congress who will quit because this will cost so much. they're saying it would really decimate congress. what they want to do is find a way to continue that subsidy. the amazing thing is, the president is a big picture guy. he usually doesn't enter into personnel matters but when he went to visit democrats in congress yesterday, he personally said, they brought it up to him. he said he was looking into this and he is going to find a way so

fix this. bill: from what i read it was the first topic he addressed. it was the first topic on the agenda on the senate side before he met with democrats on the house side. this shows you urgency of the issue. first of october is right around the corner, right? >> first of october is when the exchanges start up. january 1st is when the subsidies come out. this is when they have to actually do this basically what it would be members congress and their staff would be exactly in the same position as an employee of a company who no longer decided to offer them health care because they could now get it on the exchanges. they would be in exactly the same position as any american under obamacare and they don't like it. bill: this is extraordinary. stop and think about this for a moment. they're worried about uncertainty on capitol hill, the impact on this law and how it will affect the employees that work there and everybody will look for another job. they will leave their jobs in washington because of this law. >> exactly right. if you listen to someone saying you know, all across america

people might leave their jobs and might have hours reduced and all sorts of changes brought about for obamacare and some members of congress say, no, no, it will be fine. look around them. they have people actually threatening to leave their job if they're forced to bo on the obamacare exchanges just like everybody else. bill: if you like your coverage you keep your coverage but maybe not in the end. quickly, how is this resolved do you believe the way you see it now? >> my guess is they will not change the obamacare law and the office of personnel management will magically make a rule that will allow the government to keep subsidizing these employees at 75% of their health care premium or they buy it on exchanges. bill: how is that going to go over? >> it will go very well on capitol hill but clearly it is going to cause a lot of bad publicity with people saying look, congress made this law but they don't subject themselves to the very laws they pass for everybody else. bill: we'll keep an eye on this

bring you back in mid-september. thank you, byron york. watching that story on the hill. >> thank you, bill. heather: it could be a monumental discovery. why experts believe a few characters on this 3,000-year-old piece could mean startling new biblical revelations. bill: she is not your typical nfl cheerleader. oh, no. hearing our national anthem is especially meaningful to her. heather: looking forward to that. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg. [ major nutrition ] ensure high protein... ensure! nutrition in charge!

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after using crest pro-health for a few weeks, having necessary school supplies can mean the difference between success and failure. the day i start, i'm already behind. i never know what i'm gonna need. new school, new classes, new kids. it's hard starting over. to help, sleep train is collecting school supplies for local foster children. bring your gift to any sleep train, and help a foster child start the school year right. not everyone can be a foster parent, but anyone can help a foster child. heather: a remarkable discovery that may shed some light on the historical accuracy of bible. a 3,000-year-old text on an earthenware jug dated all the way whack to the time the king david. joining us is the director of

archaeological excavations at university of hartford center for judaic studies. thank you very much for joining us. >> thank you. heather: tell us a little bit about this discovery, where it was found and what it shows. >> first of all it was found in 2012 and it is just coming to light what it actually means. it takes six, sometimes a year until scholars are able to piece together what an archaeological find means but the inscription was found back in 2012 by the city of david, jerusalem excavations being headed by professor mazar at hebrew university. very competent excavator, who has been on the, she is basically on the track of king david since about 2005 and these excavations have revealed remarkable things but this, seven-letter inscription is very important because this is one of

the first insight, inscriptions that has information that is in writing and writing is very important to -- heather: so we're taking a look, we're taking a look at it as you speak. you say there are seven letters there. >> right. heather: the significance being they are in hebrew and what do they say? >> first of all, i have to tell you they have been looking at this for the past six months and the answer that they gave was, it's enanything mattic. but the seven letters are very important because we have so little from the 10th century writing. writing was an enormously new innovation to the ancient israelites. so we found in the past decade four or five major finds and each one of them sort of adds to the body of knowledge. but this is like csi jerusalem. you know trying to piece

together, king david and trying to identify what was going on in this ancient city is a very, very difficult task. jerusalem was destroyed, jerusalem was destroyed twice. 23 times nearly destroyed. 52 times attacked in ant i.q. uit. pieces together from broken remains the history of jerusalem is very difficult. heather: when it comes to the bible itself there is some question as to whether or not the new testament and old testament, if the old testament was written afterwards or in real time. this perhaps, explaining it very simply could prove that the old testament was written in real time, correct? >> well the main point is that when you have an inscription from the 10th century and you piece it together with other artifacts that are from the 10th century, it is very hard to say there wasn't a 10th century jerusalem at

the time whether king david would have been ruling. and each one of these little pieces contributes to the whole. the problem was, up until about 20 years ago we had so little that it led to people saying, well, maybe there wasn't a king david. maybe there wasn't a king solomon. maybe this was a creation of writers, writing at a different time period who wanted to have this mythical past and invented these characters. each one of these discoveries shows us that it was a real history, in real time in the time period in which king david would have lived. heather: okay. so possibly a physical remains, validating the biblical stories. a great find. thank you so much for joining us and explaining it. we appreciate it. >> thank you. bill: love his enthusiasm, huh? heather: yes. bill: one of baseball's best be kicked out of the game for life? could the doping scandal be the end of a-rod's career. new fallout in benghazi after the white house suggests it's a phony scandal. republicans today reoctober to that. >> obamacare's a train wreck. this is the worst economy since

world war ii. stagnant jobs, stagnant wages and these real scandals that are eroding trust in the government. i think he is basically trying to change the subject. golden t and experience the connectivity of the available lexus enform, including the es and rx. ♪ this is the pursuit of perfection. delivering mail, medicine and packages, yet they're closing thousands of offices, slashing service and want to layoff over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem? a burden no other agency or company bears. a 2006 law that drains

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bill: brand new hour and a fox news alert now. the white house suggesting that the fallout from benghazi is a quote, phony scandal. that is settings off a firestorm on capitol hill as lawmakers express increasing frustration that we are 10 months down the road, 10 months after the terrorist attack that killed four americans. no one has been brought to justice. brand new hour of "america's newsroom." we got a packed show this morning. another packed hour coming up. i'm bill hemmer. welcome here. martha has time with the family. how are you doing? heather: good for her. that means i'm filling in for her. i appreciate that. at the daily briefing white house press secretary jay carney was asked directly what administration considers to be a phony scandal? >> what we've seen as time has

passed and more facts have become known, whether it's about the attacks in benghazi and the talking points or revelations about conduct at the irs, that attempts to turn this into a scandal have failed. bill: that was from yesterday afternoon. want to get reaction and analysis from bret baier, anchor of "special report" here on the fox news channel. bret, good morning to you. >> good morning bill. bill: whether it is the attacks in benghazi or talking points or revelations about conduct at the irs what is he trying to do here. >> the white house is trying to do what it has been trying to do is turn the page. move past some of these things, the more that jay carney, the president, other officials say these are phony scandals the hope is it will stick with maybe some reporters and the public that they are.

this is, at the same time, you have four republicans in the house and four in the senate sending a letter to the incoming fbi director james comey saying he has to come up with a specific, detailed brave on the status of the investigation into the attackers behind the september 11th attack in benghazi within 30 days because cnn managed to get an interview with the head of ansar al sharia in benghazi. apparently a two-hour interview and, this is one of the guys that the fbi put a picture of on their poster saying they were likely behind the attack responsible for it. the only person who has served any jail time connected to this in any way, shape or form is nikula, the maker of that muslim

video. bill: carney is make the case there is no evidence. republicans say this is why we're holding hearings. this is why we investigate. this is why we're not going to let go of this. month ago, pat smith, mother of sean smith killed in benghazi. this is what she told stuart varney on you're world. >> it is not phony or and my son is dead. i'm waiting for someone to get back to me to tell me what happened? why did hillary do what she did? why was there no security there when there was supposed to be and who was the general or whoever it was that called back the troops when they were going to help. bill: that's tough stuff. no arrests were made. no arrests have been made 10 months down the road. you mentioned the tv network, they can go there and find a suspect and sit down and talk to him for two hours? and the beginning the

administration said it was the fault of a movie. that was the story they put out initially. >> yeah, i mean that's, the making of a scandal. there are a lot of elements of this that we do not know still despite the fact that there have been a lot of hearings. the white house and the administration says that they have answered a lot of questions and they're ready to move on. the problem is the investigation is continuing. there are still a lot of unanswered questions, and, again there is no one who is been brought to justice as of yet responsible for these attacks. and, if this person was responsible as the fbi believes or at least tied to it and they would like to talk to him as they put out in that poster, then, they are not doing it and, tv network is. there have been some former fbi agents, i saw one on greta's show last night, who said this is part of the process. give it time.

patience. we'll see, if the fbi director updates lawmakers with that. bill: that will be interesting. thank you, bret. could be a whole new game or not with the new incoming director. bret baier, thanks, see you at 6:00 eastern time. heather: a pair of hearings on the health care law just getting underway on capitol hill. two house panels. they're looking for answers on the implementation of obamacare which has had its share of setbacks and delays. this comes as some republican lawmakers call for the law to be stripped of funding. >> i can't think of a single thing that is affecting our economy negatively more than obamacare is right now. this is not about shutting down the government as our opponents claim. this is very simple. this is about whether we'll continue to pour mon money into a program that is basically eviscerating the american economy. it is forcing people to go from full-time work to part-time work. it costing people health insurance they have and they're happy with. costing existing relationship

with a doctor that has seen them for years. it is hurting businesses from growing. heather: mike emanuel joins us live from capitol hill. so, mike, set the stage for these two hearings for us. >> reporter: well, heather, the officials at the energy and commerce hearing today will hear from officials at the medicare and medicaid, their administrator, who will talk about implementtation, that part of it. then you've got the house ways and means committee hearing that will hear from both health and human services officials and irs officials about how they are doing in terms of implementing the president's health care law. you may recall that the irs is charged with enforcing the health care law. so that's why they will be there. this comes as leading republicans are talking about defunding and almost all are expressing doubts about the law. >> it is a terrible disaster of a law but it will cause so many

people to lose what they have and like in health insurance. even if this delay occurs, if you keep the individual mandate, if you keep all the other parts of obamacare, this thing is really going to be a train wreck. >> reporter: i mentioned irs officials will be at the house ways and means hearing. i would not be surprised at all if some lawmakers bring up the irs targeting of conservative groups controversy during the hearing, heather. heather: how are democrats dealing with the latest challenges from republicans? >> reporter: president obama was up here yesterday huddling with democrats so they could all be on the same page in terms of obamacare and also some other topics. new york senator chuck schumer is talking about democratic unity. >> our caucus is so completely united here. they are divided. they're all over the lot. some people want to shut down the government for this reason. some people want to shut down the government for that reason. and some people don't think they should shut the government down at all. >> reporter: but over in the

house today we have two hearings looking at the implementation of the president's health care law. heather. heather: mike emanuel, live from capitol hill. thank you. >> reporter: thank you. bill: now we take you on a fox news alert to the airport in moscow. reports that nsa leaker ed snowden has left the transit zone. that is where he has been hiding for more than a month before officially entering russia. he has been granted asylum from vladmir putin. peter doocy live from the white house tracking reaction there do we have any reaction, peter? >> reporter: we don't have any reaction yet, bill. we hear this temporary asylum will let edward snowden stay in russia for one year. that is what his russian lawyer told a russian tv station. we asked the white house about this as soon as reports came across the wires to see what president obama thinks about this latest development. a official inside told us they would get back to us. the state department didn't want it issue, to quote, have a

hugely negative impact on our bilateral relationship with russia. that was the state department yesterday. we're 2 1/2 hours away from the scheduled start of the press briefing here at the white house though. if we don't hear anything by then we will have a chance to ask the press secretary all about it. bill: certainly will. he has a trip coming up in short order here where the president will be in russia but we're also hearing about pushback of reports of a previously unknown nsa program. what have we learned about that, peter? >> reporter: well it is making big news, bill, because this is a program that works exactly the way edward snowden said it would. it is called xkeyscore. a report in the guardian newspaper alleges it allows anyone at the nsa to access any and all e mails, internet searches and browsing history for any person in real time without asking a court for permission first but the white house says that is an exaggeration. >> access to all of nsa's analytic tools is limited to only those personnel who require

access for their assigned tasks. >> reporter: meanwhile the nsa says xkeyscore helped them catch more than 300 terrorists by 2008. and quote, not every analyst can perform every function and no analyst can operate freely. every search by an nsa analyst is fully auditable to insure they are proper and within the law. bill, the white house is also working really hard today to calm congress down about these latest reports about nsa programs. the president day is going to meet with eight lawmakers in the oval office and the guest list is a really interesting mix because some are democrats, some are republicans. some support these nsa surveillance programs and some do not. heather: thank you, peter. we'll watch it from hire. peter doocy, north lawn there at the white house. 10 minutes past. heather. heather: still to come new criticism of president obama's latest pivot to the economy. conservative commentatetor rush limbaugh saying that the president is fighting to fix an

economy that he created. >> it's the most amazing thing i've never seen. i've never seen a pet get away with four 1/2 years of not being seen as responsible for anything he has done when everything that's happened is because of him. heather: we'll debate it. up next. bill: also, did the attorney general purposely mislead congress? why a top republican says that eric holder has some explaining to do. we're going to talk to him in a moment here. heather: and new reports, you probably heard it, new york yankee alex rodriguez negotiating to avoided a lifetime ban from baseball. the widening investigation into steroids with jim gray coming up. ♪

heather: welcome back. new amateur video to show you purportedly to show the moment an airstrike hit in syria. listen to this. [sirens] heather: you can see a demolished tank burning as people run for cover. the u.n. by the way estimates that more than 100,000 people have been killed in syria's civil war. bill: the president is trying to pivot back to the economy this week. he also make as speech next week in phoenix but rush limbaugh argues that the president is launching a battle to fix an economic mess that only he created. >> here is a man whose policies have done great damage to this country. policies done great damage to the economy. have done great damage to the american culture, to the american psyche. i mean there's a malaise, there's, there's a sense of hopelessness and depression out

there. and it is his policies that has done this. what has always amazed me how he is not attached to any of it. he has an agenda. he has been implementing it but what i call the low information voters who voted for him and other democrats do not associate obama's policies and agenda with the condition of the country. the economy or whatever. that's always befuddled me. bill: that from greta "on the record" last night. doug schoen, former pollster for president bill clinton of the fox news contributor. good morning to both of you. rush said a lot in that. tucker, have a crack at it. >> fundamentally he is right. it takes an awful lot of chutzpah for the president who has been in charge of the economy four 1/2 years for the demand to right to fix it, something he created. like a burglar demanding to house he robbed. this is the obama economy. there is no other name for it. you can't actually blame

george w. bush at this point. would i say that his quiver of solutions is sparse. raising taxes on rich people. that is the extent of his plan for righting the economy. we just did that in january and it didn't work. bill: doug, your turn. >> needless to say i don't share the view. first i think there is plenty of blame to go around and tucker, with all derao respect the american people still blame george w. bush as much as they blame president obama. part of the reason for that is republicans in congress are arguably more discredited than an administration that i have a lost problems with. the president stablize the economy. he did for the first time propose ad grand bargain. my take is different from both sides. we have to work together this is silly we're fighting. tucker, rush, let's get together to try to have a grand bargain to solve american problems, not democratic or republican problems. bill: seems like we went down that road. got nowhere with it. rush limbaugh has a theory why

the president governs the way he does. the theory can be heard right now. limbaugh. >> theory is that obama has positioned himself as an outsider, not attached to anything that's happening. what he has made happen, he positioned himself as opposed to it and against it and fighting for everybody else to overcome what he has done. and that's one of the reasons why the constant campaign. so he doesn't appear to be governing. so he doesn't appear to be part of washington. so there, he appears to have this mysterious powerful bunch forces that are opposing him and stopping him from creating jobs. and stopping hymn from giving people proper health care and stopping him from making their home values go up. he is constantly out there fighting it. he does that by constantly campaigning and never seen to be governing. bill: what do you think of that, tucker? >> alternate explanation he doesn't know what he is doing. i'm beginning to believe that, given performance for example of his flak, yesterday, jay carney

at white house explaining full himly mentation of obamacare on january 1st will lower the deficit, will save the federal treasury money and, will lower people's insurance premiums. now nobody believes that. that demonstrably untrue. it is being proved untrue. to say that with a straight face, either you're completely disconnected from reality you really don't know how the economy works or you're lying. maybe just ignorant accounts for a lot of this. bill: doug? >> again, my point would be the republicans are now going to a real extreme by trying to defund a law, to wit, obamacare has been passed. i agree with tucker. i think the law has all sorts of problems. rather than sit down on a reasonable, bipartisan basis, fix it, do the kind of things that the american people want in terms of national purchasing of insurance, tort reform, and the like, slowly increasing coverage to make sure all americans gradually get universiality through a private system. that is what the american people

want. they don't want the fighting. they don't want the yelling. they certainly don't want dysfunction in washington. bill: in the minute i have left, limbaugh's point he positions himself to be outsider. >> he is right. it is working. good policy. bill: it is working. >> everyone wants both sides to get along and reach some accommodation. like watching your parents fight. the truth is, they disagree with each other on pretty basic policy levels. so the idea you can just give up your core beliefs to reach accommodation for the sake of so doing? kind of silly. >> tucker, there's a difference or your parents or my parents fought. that is private matter. if we the greatest nation in the world. makes as you laughingstock. it improve rischs our people. puts it all at risk. >> it's a political debate. there is nothing wrong with expressing views in public. >> hurts all americans. you know it. i know it. bill: tucker. >> i don't think there is anything wrong with arguing from principle. occasionally that happens on capitol hill. that is very american real. >> devalues american ideals and american experience.

bill: we'll chalk doug schoen as purple man. >> exactly. bill: tuckerrer keep you in the red column. >> exactly. bill: see you both on the weekend. 21 past. heather. heather: still to come, a storm off the hawaiian coast churning up more than big waves. >> oh, my god, this is a shark, it's a pretty big shark. heather: the harrowing "shark tale" ahead. bill: stay out of that water. a prescription for, a prescription plan for doctors to prescribe a healthy meal to their patients. heather: apple a day. bill: what about that? what does all this have to do with health care? we'll talk about that with siegel ahead. ♪

bill: a u.s. soldier is in critical condition after a lightning strike during a training exercise in colorado. happened at fort carson, a few miles south of colorado springs when a powerful thunderstorm rapidly developing, sending hundreds of soldiers running for shelter. 12 of them were hit. now the army, wants to know how to prevent this from happening again. >> they were conducting training when they received notice there was lightning in the area. they made an exit off the training area. the commander made the call to get them out of the danger area. unfortunately it was a little too late and there will be an investigation to find out what we did right and what we did wrong. bill: five of those soldiers being released from the hospital. that is certainly good news. the rest staying for observation but are expected to fully recover. heather: how about this? a new approach to getting kids to eat healthy. doctors writing a prescription for fruits and vegetables.

new york city just the latest to join the program which is blossoming nationwide. fox news medical a-teamer, dr. marc siegel is live for us from new york with details. hello, doctor mark. >> good morning, heather. obesity will be one of the greatest determiners of health care cost under obamacare. unfortunately the typical prescriptions doctors give often don't work for obesity but an exciting new program started by the group, wholesome wave, links non-profit government and doctors. it is known as a prescription for fruits and vegetables. it is real preventative medicine. it is helping to fight childhood obesity. it is aimed at low income families which may cut down the need for health care in the first place. pea trish insurance work with nutrition its to give parents of obese and overweight children a prescription for fruits and vegetables equal to one dollar a day per family member to buy fresh produce. the health bucks are redeemable

at 142 local new york city farmers markets. ashley from whole some wave the program helped families make changes by increasing access and providing incentive. >> for some families the reason for making a change they were simply limited by access they have. having that prescription in hand allows them to make the change they already wanted. >> but access is not the only problem. overeating is often part of a culture. dr. sima who oversees 70 families in the program, patients may have more success eating healthily if urged by their doctor. >> physicians can make an impact on some of the chronic problems. we've seen that with smoking cessation. you have more of a chance for quitting if the physician actually brings it up during the conversation. same thing with obesity. >> each month the patients check in with the hospital to have their prescriptions renewed and weight and body mass index evaluated. her son has already lost weight and starting the program. she says getting the prescription from the doctor makes her take her family's health more seriously.

>> more you get educated about it too. so if you have other kids you can do the same program with other kids you have in the household. >> heather, how about that? heather: he liked those carrots. >> it is already in seven states and washington, d.c. statistics show one-third of obese kids in the innovate testify program have lost significant amount of weights and they have increased amount of fruit and vegetables they eat by over 50%. this is a way to cut down on the cost of obamacare. doctors provide clout and respectability and health bucks provide the means. heather? heather: you know the saying is true, you are what you eat. >> absolutely. heather: thank you, dr. siegel. bill: good reminder, fruits and vegetables the best way to health. there are reports now, new reports this morning that baseball great alex rodriguez is scrambling to avoided a lifetime ban from baseball. how many others will face a similar punishment? that is straight ahead with jim gray awaiting headlines on that. heather: we'll find out. and a woman pursuing her dreams

putting it all on hold to serve her country. why she says there was no other choice. >> when you see the flag it means a lot, you know, to, our country has given us so many freedoms and to be a part of fighting for that. i'm maintaining that. it means a lot. so yeah, gives me goose bumps. i can't help it.

bill: want to get you back to cleveland, ohio, aerial castro is in court. this gentleman on the stand is a police officer in cleevehand, ohio -- cleveland, ohio. they're going over various testimony over the past 10-12 years inside that cleveland home where the convicted kidnapper and rapist ariel castro imprisoned three women for more than a decade. a guilty plea over 937 counts including kidnapping and rape. he reached a plea deal with prosecutors which saves him the death penalty but includes a potential life sentence in prison plus 1,000 years. so we could also hear from one or more of his victims, and if that is the case, we will bring you back there live with headlines, cuyahoga county, cleveland, ohio. heather: major league baseball officials are reportedly talking with a lawyer representing new

york yankee alex rodriguez, and they're reportedly negotiating a settlement that would lead to a long suspension rather than a lifetime ban from baseball for the three-time mvp. rodriguez faces a permanent ban for his use of performance-enhancing drugs and violating the league's integrity of the game policy. joining us now is sports caster and fox news contributor jim gray. thank you for joining us, jim. >> good morning. how are you? heather: i'm doing good. we're talking about the highest paid athlete in the world, a $275 million contract he signed with the yankees, i think that was back in 2007. what are the allegations specifically that he is facing this time around? now, he's admitted to using some banned substances before. >> well, he's admitted to using drugs in 2001, 2002 and 2003, but there was no drug policy in

place that allowed for testing back then, so it didn't go into place until 2004. now he's accused in 2010, and '12 of being involved with biogen sis, a clinic in miami, an anti-aging clinic and using performance-enhancing drugs and possibly human growth hormone and all all of the details wille spilled out, but they have a lot of evidence. heather: what do you think's going to happen to a-rod specifically? >> well, that's what's being negotiated right now with major league baseball. he wants due process. his attorney has said he will appeal and fight this, but they seem to have backed off that. they've been in negotiations for the past day and a half. the players' union has been notified of what the suspension and the intentions are of major league baseball. alex rodriguez really faces this: either he will accept the end of this year which is 50-something games left now with the yankees plus all of next year with no pay and then have the ability to come back at age

40 so, in essence, he would have been off the field for two years between his hip surgery and the suspensions and come back and collect the remaining $61 million of his contract, or, or he will face a lifetime ban by commissioner bud selig if he does not accept the plea deal. major league baseball wants him to accept the plea deal, that way they do not have to go through appeal or arbitration. heather: okay, this clinic in miami, a-rod not the only one involved in this. weave heard about ryan braun of the brewers, he was suspended. tell us about the evidence against him. apparently, there was a lot of it. >> so much so that he accepted the 65 games and did not appeal. he took the offerings of major league baseball and said i will go away and not try and fight this. that's how significant -- he had beaten a test before on a technicality, he had denied, denied, denied, now he puts himself in the same circumstance

as lance armstrong only he is in baseball as opposed to cycling. he decided he wanted to put this behind him, and he can go ahead and do that. he takes $3.5 million suspension fine, and he has a long-term contract with the brewers, $100 million plus on it, so he can go ahead and pursue his career. he's young enough. the difference with a-rod is he's going to be 40 years old by the time his suspension be would end. heather: eighteen other players investigated, possibly facing suspensions including some all-star players. what do you think will happen with them? >> as of now major league baseball is indicating through sources that i have spoken to that eight or nine guys will be suspended. some have already served some suspensions in the past, and the other portion of those players -- there's up to 20 players who have been involved in this -- they either don't have enough evidence or don't see enough to suspend them. heather: you know, they call it america's game. i got to go to the all-star

game, the home run derby and, you know, a lot of little kids look up to these players, so they need to get this straightened out, for sure. thank you so much, jim gray. we appreciate you joining us. >> good to be with you. bill: some people suggested yesterday, some suggest it could be today, possibly even tomorrow and friday. it is clear that baseball is out to clean this up. heather: good. bill: and to put it behind them and move forward. heather: they need to. bill: how this a-rod negotiation goes, he's got a lot of money on the line. he could fight for it and fight hard. from the front lines now to the sidelines, megan wealther just landed a new getting as an arizona cheerleader for the -- as a cheerleader for the arizona cardinals. she says she wanted to do something meaningful, so she served her country and put the dancing career on hold. >> i had an awesome friend just basically say what do you have to lose? just do it. it's been an amazing experience, and to be at this age and still

be able to do this and to do it after, you know, taking such a long break, it's been really exciting. war was going on at the time when i graduated college, so i wanted to take a job that was going to be meaningful, so i decided to join the army. when i first joined, i went to basic training, and from there i went to officer candidate school. the second lieutenant at the end of april 2007, and from there i became a cable platoon leader, and a month later i deployed to iraq. bill: good for her. she's still involved as a reservist for a military police battalion. heather: sometimes you see the cheerleaders tackled on the sidelines? don't tackle her. bill: do not. heather: well, deception from the department of justice. eric holder may not have been telling the truth when he said that the doj was not considering the prosecution of journalists, and now chairman of the house judiciary committee calling him out.

congressman bob goodlatte here live. bill: also, a surfer who survived a shark attack tells his story from the hospital. >> then all of a sudden i saw this, like, shark just come out of the water and grab my leg, and then from there i just had this instinct to, like, hit it with my left hand.

heather: a 100-year-old water tank plummets ten stories in chicago. the fall rattling this apartment building where a witness says the sound of the crash was so loud she thought a bomb went off. the severity of the accident becoming clear the moment emergency crews arrived on the scene. >> when the first companies got here, we found out we had three people that were hurt. it seems two people were getting in a car as it fell and got hurt, and another person was coming out of an adjoining building and got hit with some debris. at this point it's still an investigation why it fell. there was nobody working on it

at the time. heather: well, the chicago fire department says a woman is in critical condition, two men in serious and fair conditions. ♪ ♪ >> with regard to the potential prosecution of the press for the disclosure of material, that is not something that, um, i've ever been involved in, heard of or would think would be a wise policy. bill: that from mid may, the attorney general, eric holder, testifying under oath before the house judiciary committee claiming he had never heard of the potential prosecution of journalists by his justice department. but documents later revealed that he personally approved the labeling of fox news' james rosen as a potential criminal suspect. the committee investigated and released this report. quote:

>> congressman bob goodlatte, my g. sir, good morning to you. be. >> good morning, bill. bill: what are you trying to accomplish? >> well, we would like to see a change in leadership at the top of the justice department, so all 23 republican members of the judiciary committee transmitted that report along with a letter to the president suggesting just that. you know, we don't have great hopes that the president will respond to that, but you know what? that's because there's a lack of leadership in the white house as well. and it's lack of leadership and the failure to hold people accountable throughout this administration that's a reflection of that. so we've given a just-the-facts report to the president, to the american people. they can judge, and we find it troubling not only that he gave deceptive and misleading testimony, but in the investigation we then found that it's a regular, standard practice of the justice department to accuse reporters -- in this case, the

chief washington corps responsibility of your news organization -- accusing him of being a criminal for the purpose of being able to violate the, in our opinion, violate the privacy act to get access to his e-mails. that's the wrong way to go about protecting the first amendment, it's the wrong way to go about investigating leaks, and that's what this report makes very clear. we also hope to change that practice at the justice department. bill: understood. i didn't mean to interrupt you, but you called his testimony dubious. did he lie under oath? >> there's no question that he gave false testimony. but the question about whether or not that is more than that, whether, for example, it's perjury is, i think, not the case. that's the problem that we have with taking further action with regard to the attorney general's testimony. we make it very clear it's misleading, it's deceptive, and that is as far as the evidence will take us. it does not show a criminal intent that's required for a perjury charge. bill: okay. just to be clear, this is

specifically with regard to james rosen. >> it is -- well, first of all, the testimony took place before the rosen matter was made public. bill: that's right. >> and so that's part of the problem. bill: all right. >> his testimony was in response to a democratic member's question about the potential prosecution of reporters and really, i think, the ap case was in everyone's mind at that time. but i think the members of the committee certainly came away with the impression that the justice department was not doing things like what was done in the rosen case which became public just a week later when a judge unsealed the affidavit and warrant in that case. bill: this is what you also write, quoting now on the screen for our viewers at home:,

bill: suggesting he backtracked when . do i have that right? >> exactly right. and that was, of course, in his response to the committee after we got access to that affidavit. we said, whoa, this is very contradictory to what you testified before the committee. we have a lot of answers to get from you. it took a long time to extract those, but the attorney general finally did answer the questions. first, he had someone else answer them for him, then he adopted their answers, but finally he answered the questions. then we wanted to know, well, is there evidence that shows that mr. rosen is, indeed, a criminal co-conspirator and both in the public answers and in the private testimony we found no such evidence and, therefore, it is very disturbing that he would approve an affidavit and a warrant. and the justice department would think it appropriate to accuse reporters of being criminals authority to get around the privacy act and get access to their e-mails. bill: you say as much, holder's view on law permitted him to tarnish mr. rosen as a suspect.

do you see this going anywhere? i know what you're going for, but i just -- i'm not quite sure you can advance the ball on this, can you? >> well, we can advance the ball as we examine what has been done with regard to the abuse of the privacy act. we can pass new legislation. we don't think the recommendations of the attorney general get there many any way, shape or form. it's good that they're having that discussion, but we think more needs to be done, and we will pursue that. but we also think that this is a long line of lack of leadership at the top of the justice department by the nation's number one law enforcement officer, and that's why we agreed on the republican side unanimously to send this to the president -- bill: understood. >> -- because he needs to focus on it as well. bill: bob goodlatte, thank you for your time, the republican from virginia on the hill. heather. heather: well, "happening now" is coming up at the top of the hour, and jenna lee joins us with a preview. jenna: big story today, the sentencing for convicted cleveland kidnapper ariel

castro's underwait right now -- underway right now. plus, some live hearings into the implementation and how it's going to go with the new health care law. what gopers are saying today about all that. and, heather, we know we won, but why? a closer look at what was the key to america's victory in the revolutionary war. that's all coming up top of the hour. heather: interesting. a bit of a history lesson. jenna: a snippet. just a little. heather: thank you, jenna. and still to come with us, a surfer speaking out after a predator grabs ahold of his leg. how one teenager managed to escape from his 10-foot be shark, and his surfboard has the teeth to prove it. ♪ ♪ the great outdoors...

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bill: we want to take you inside the courtroom in leavehand, ohio. what you're looking at here are images that an investigator is sharing with court. ariel castro is in court today. this is his sentencing day, and this is the first time we have seen images from inside the home in southwest cleveland where three women were held for more than a decade. and just listening to some of this during the commercial break, there is a model -- there's a makeup of the house itself inside court, and then they juxtaposed that with the actual physical pictures. that looks like a chain. heather: yeah. some of the diary elements have been released, what the girls had to say. they talked about being chained to the beds which appears to be what that picture is there. they said they were held like prisoners of war and, you know, the conditions definitely look like that.

>> a hole through the wall, i believe there were, the photo was on the side of gina and michelle's room. through there is running a power plug that's from the other room and a chain. bill: that would seem to suggest that they were held separately in different areas of the home. that testimony suggests they were held in different rooms. castro's in court today. he may or may not speak. and perhaps one or more of his three victims may face, go face to face with him inside court today. this is a hearing that could last five or six hours in cleveland, ohio. heather: castro's sister saying yesterday that he is expecting to speak, that it will be lengthy, and it will offer an explanation for his life. bill: so he's pled to 937 counts last week, aggravated murder and kidnapping and rape. the plea deal that he cut with

prosecutors carries a potential sentence of not only life in prison, but an additional 1,000 years behind bars. we're waiting to see and hear how the judge rules on that. the first time we have seen inside that house of horrors in southwest cleveland. going to break here, quick look at the dow. markets are flying, folks. check out your 401(k) this weekend. up 120 to 15,600. the s&p crossed 1700 earlier today for the first time ever. back in a moment. so then the little tiny chipmunks go all the way up...

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bill: there are some sick items shown during the commercial break there inside of ariel castro's home including a letter he apparently wrote several years ago confessing to his crimes, and we just saw in his own handwriting, i am a sexual predator, believed to be from a letter he wrote several years ago, a letter that prosecutors

and investigators found early on once they entered that home. this hearing continues in cleveland. we're going to drop this and let you listen to this as we get more evidence from castro as our colleagues from "happening now" take over from husband. >> did mr. castro use -- [inaudible] to run an internal barter economy, if you will, with his victims? >> on occasion. >> would he, after sexually abusing them, throw money at them saying, here, you're being paid for the sex, in essence? >> there were reports of that. >> and would he then in turn if they wanted something special from the store demand payment of them from those monies for the items requested? >> occasionally as well. >>