john. there is limit to the request. you can't just say oh, i wish i see a hamburger. >> i want a pony. >> there is a limit. but the tulips are nice and thank you, linda. >> good call and thanks for joining us. >> thanks, everybody. america's news head quarter ares starts right now. where is myer. >> after the show. >> come on, it is spring. >> fox news alert. hot society about to get hotter for lois lerner. the republicans pushing for a criminal case against her. i am bill hemmer. >> andim sanda smith. the house ways and means will work on a letter accusing her of three different crimes. >> how are you, sir, good day to you. >> spell out the charges, what

are they? >> number one, lois lerner we believe she violated the constitutional rights of people who inquiring of the irs for tax status. and number two, she impeded the investigation and three, released confidential information that she had no authority to release. those are serious charges. >> you take that to the department of justice and what does eric holder do with it? >> he has to deal with it in some fashion. i am not communicating to you that the administration is open and disposition and willing to hear us. but it is important for the house of representatives to act. and to have the president of the united states say there is no indication of a smijion of wrongdoing is wrong. there is overwhelming evidence that something wrong happen. it is important for the house to

act and put the department of justice on nature. >> it is possible that eric holder will do nothing and it goes no where. >> anything is possible. the house has to deal with the evidence and act on it and the house has to dispose it by referring it to the the department of justice. it is a seriousuation and the wattage is going up. lois lerner is the subject of more and more scrutiny. it is a story that is not fading from lack of intchlt but the pressure is continuing to build. >> violated the constitutional rights of citizens and gave information. and what was the misleading information she gave? >> misleading information was based on the audit that the internal revenue service did internally. if you look at e-mails and

inquiries from the other employees a round this, this creates a pattern of deception and trying to say, no, no, no. we are not doing this any way. and she is making an argument that everyone was under the level of skru tinny. and clearly everybody was not under the same level of skru tinny and that is misleading and most serious charge in my view is the notion of her possibly violating the constitutional rights of another citizen and using the full weight of the federal government and authority she was entrusted with to manipulate the public debate and keep people out of the public square that she didn't hear from. >> she did that by targeting and creating a level of scrutiny that was not applied to other groups. you were flagged as

a conservative group going through the process. and the level of scrutiny and review and the denial based on at best it is passive aggressive and at worse targeted aggressive and the inability for you to get the tax exempt status and the nature of the questions asked and the right to life group that was asked and tell us about your prayer meetings and what happened in the prayer meetings? the to tolity of that situation and evidence around lois lerner suggest an intential denial of someone's civil rights. >> it is specific in the draft of the letter. what happens to the contempt of congress? issa this alive? >> it is very much alive. remember lois lerner had opportunities to tell her stories and fell in a situation

where she waived her constitutional rights to self incrimination and made statements that alerted her views and several statements of that. and she clearly waived her right and now refusing to answer she waived her right. >> all of this comes down tomorrow. one more question on this. if eric holder doesn't move, what is your best option and is there one? >> the best option is continuing oversight and skrutine. he has a great deal of authority in this situation. but we ought not be compliceit in the house and acting as if it is okay. and compliceit with the president of the united states. >> we understand. and peter rossin thank you for much. it will be a big head line for today and tomorrow going forward. thank you for your time on capitol hill. >> secretary of state john kerry

blaming russia for the uptake in violence in eastern ukraine and telling the senate committee that moscow's true intentions here are obvious. nrussia's clear and involvement in destabilizing and engaging in the activities in eastern ukraine is deeply disturbing. no one is fooled by what could be a contrived pretext for military intervention just as we saw in crimea. ngeneral jack king is a general and military analyst. so you have got russia warning of a civil war and a brawl breaking out in parliment and secretary of state john kerry that said russia's intentions are clear. how should the u.s. react now? >> frankly the u.s., is not

reacting and putin is unencumbered by the tough safrngszs and he's encouraged by our actions and there is two things in front of him. the troops on the border and intimidating and using special operations forces to create civil unrest that we see taking place and go into ukraine and occupy parts of it, sandra and force the interim government to a line themselves with russia and not ipt great with the eu. putten is obsessed with the you mailiating and stunning defeat he suffered when yanukovych was run out. he doesn't want that and these actions are there and existing because of it. >> you said that putin has been encouraged by the u.s. actions. and some argue that that is the result of inaction taken by

president obama and his administration. why rrnt these safrngszs that president obama imposed. why aren't they working? >> they are feeble and sanctions on a single russian bank? the fact of the matter is, we know how to do tough economic sanctions. we have done them on iran. and if we impose the sanctions on the major industries of russia and their epitire banking system and particularly mining and energy system their there would be a huge impact. the europeans don't want any part and the administration doesn't have the tough mindedness anyway. that gives putin the green light. >> what can the united states do at this point to show we are willing to act should putin continue to move forward.

>> they would do as i suggested. to do that. you have to have the moral and political will to do it and get the europeans and angelica merker on our side. the europeans are concerned about the economic impact and the ties they have with russia and the fact of the matter we are feckless in proposing anything that is comprehensive and tough. we are pretty much going to stay as we are despite the rhetoric that we listened to by the secretary and the rhetoric by the president of the united states and putin will impose his will and take the option he thinks will get him what he wants. his concern and what we should be aware of. he knows the ukranians will fight. he will defeat them and they will continue to fight for years to come. they are a tough minded people and they will not surrender the

greater ukraine to russians without a fight. >> we only have a few seconds left. do you see civil war ahead for ukraine? >> probably not. putin may be able to accomplish what he wants through sheer intimidation. if he invades there is going to be a war, the ukranians will fight. and did you see this fight break out? and clearly on opposing sides prorussian law makers and nationalist getting in a s if fight apparently by a speech by a communist leader did not sit well. and that brawl lasted a minute in kiev. >> and the number of dead in the mud slide rising to 34. this as we learn more about the

victims injured in the tragedy last month. two men, including an 81-year-old are in serious condition but improving in an intensive care unit. >> our best to them. and still dealing with that for a long time. >> there is a new report that said there is a major increase in health insurance premiumsment we'll talk to a law makers whose state is feeling that impact. >> and a new twist in the debate in letting the college athletes unionize. the stunning comment on the athlete in the hoops national championship game. >> and more gripping testimony from the blade runner back on the the stand today about the moment he realized he shot his own girlfriend in his bathroom. >> at that point. i had mixed emotions. and would have believed it was

reeva in the toilest and i was scared that someone was coming in to attack me. it's back, but not for long,

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>> this was another dramatic day in the oscar pistorias murder trial. the judge dismissedar after the paraolympics broke down sobbing uncontrollably when testifying about the moment of shooting reeva steenkamp. >> and i heard the noise from inside of the toilet and i perceived it to be someone coming out of the toilet and before i anyhow that i had fired four shots at the door. my ears were ringing and i couldn't hear anything.

i sat overreeva and i cried. and i don't know how long. i don't know how long i was there for. >> and the judge adjourned court for the day, shortly after that. pistorias claimed that he killed reeva by accident on valentine's day. he thought she was an intruder. and the prosecutor is trying to prove it was pre-meditated murder. nfresh concern about obama care. the survey of 148 insurance brokers finds a sharp spike in insurance claims for health plans solid to consumers and they say it is due to the law. senator in new hampshire is getting a earful. that survey there found a 98

percent increase of the individuals off of the exchange plans. thank you for joining us. this is a remarkable number that we are looking at here. 90 percent in your state. what are you hearing from new hampshirers? >> this is what i am hearing from people in new hampshire. there is only one insurer on the exchange. ten of the 26 hospitals are excluded and people in my state wrote to me about losing doctors that they have had long- time relationships with. and not being able to go to the hospital and just a couple of examples. one family said they saw a 29 percent increase in the health insurance prem yups and another person said for his family it was 1900 more. and people are writing me with these kinds of stories and the morgan stanley survey is troubling in terms of what the

health insurance brokers solid and i heard about the impact of obama care. >> your state only to delaware where prem yups went up 100 percent and doubled. and the average was at 12% increase. i have to bring in the other side of this. according to the latest gall up poll said the number of adult dropped to 15 and half percent at the end of march. and so it a pores that in line with the president's goals, people are going and insured? >> here's the question. why didn't they deal with just the uninsured without hurting everyone else? the people i just talked about had policies they were satisfied with. and they were cancelled and now

paying more. and the other issue is with enrollment numbers, that the administration is claiming, how many of those are uninsured or insured before. we don't know the answer. it seems to me we could have addressed the issue without changing for everyone else and continuing to allow people to it have the plans they like and keep them and most importantly the relationship with the doctors they have had. >> and senator, what is the future of obama care as it stands today? based on what you are hearing in your own state? >> i think obama care has huge problems. i certainly support repoling and replacing it. but there are other issues as well including it changes the 40 hour work week and now 30 weeks of who is included in obama care. that is significant that the people have been working.

and i think there are significant issues about the law. and in new hampshire again. one insurer on the exchange, and so people have had long- time relationships with hospitals and physicians in the hospitals are impacted by the law in new hampshire. >> do you plan to talk to the president about the fact that you have seen average premium increases of more than 90 percent in your state? >> i hope that the administration is looking at the survey and taking it to heart. one of the issues we need to look at. the administration delays the law for politically convenient. one of the delays to stay tuned on. we'll get the better sense of the insurance rate increase when insurers report the rates this spring. they delayed the open enrollment from october 15th to november 15th. which is convoently one month after the election.

they have had so many politically convenient delays it is wrong. senator kelly a yotte from new hampshire thank you for joining us. a man walks in a police station and opened fire. one cop shot seven times and he lives. and plus, there is this, listen. >> there is people in the police station and that's why i am calling. all of the cabs are too busy. >> stay there in the restaurant and we'll have someone to talk to you. >> that woman calling 911 for a ride home saying she had too many. and police happy to come to her. >> and one plan to get away with the land line. the phone on the wall? >> hum. >> what about the cord. >> lovely. is this the future, america?

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>> the story of survival, the police officer shot several times and survived. he was not wearing a bulletproof vest. it happen after a man went in. william. >> and armorred vests are required when on duty or in uniform. and right now, police are focused on serving search warrants after finding a second weapon and additional ammunition inside of the government's car which is parked across the

station. and the man walks in a lobby and has a complaint and fires without warning and hitting the veteran cop four times in the chest and three times in the arms and legs. he was not wearing the ballistic vest. he is remarkably alive with a bullet lodged still in his shoulder. no one i spoke with recognized this guy as anyone we encountered before. >> just by the grace of god, we did not lose another one. to be shot sen times at close range by a semi-automaticic pistol and be talking to me. >> and that officer got off a few shots and a partner with four years on the force also did. the shooter's weapon is traced for origin and ownership. it happen seven miles from downtown. there is no metal detector in the lobby and the doors are

ordinary looked after six. but there was a community meeting taking place at the timed in of the station. >> it was like firecrackers and cracking noise and i didn't believe it at first. and we went outside. oh, my god, a shooting just happen. >> police have no motive and believe it was an isolated case. the gunman remains in critical condition. >> that is a walking miracle for the officer. >> we'll have more from la. thank you: >> and a drunken night on the town ends with one michigan woman, looking for a ride home. she dialled 911, of course. >> why do you need an escort home. >> i don't. >> why did you think you did? >> i have been drinking to which. i know a now people in the police station and i that's why i was calling. all of the cabs are too busy.

>> stay there in the restaurant inside and we'll have someone come talk to you. >> you think so. >> i think so, yes. >> but instead of a lift, the 24-year-old got a trip to the police station in hand cuffs and now facing charges including falsely summoning a police officer. she is due in court today. >> how about that. >> and that's why god made lent. to give that stuff up. >> land line phone service may be a thing of the past. at&t wants to change in obama and florida changes that prevent new customers from signing up from the land line service. it could start happening as early as june. >> you don't have a land line. >> i don't. >> i have a land line. >> well, this might be difficult for you. >> and you keep it on the down.

>> and you have a number for the emergency call. >> you have your cell phone on silent at night. >> can you live without your phone? >> can you live without your phone. can you? >> send me a tweet at bill hemmer. >> and the sandra smith. >> answer is no by the way. >> cell phone, no. >> and after the botched roll out of healthcare.gov, the president admitted it could hurt the democrats. >> when he said. >> there is no doubt that our failure to roll out. and put a burden on democrats, whether they are running or not. >> now some of the vulnerable democrats are looking for help from the white house. will they get the help or hurt. we'll debate it fair and balanced. >> controversial comments by the

star basketball player who led uconn to a ncaa championship. and reigniting the debate over the college athlete's union. >> and a new problem involving certain cars and not the people behind. and how did it get that way? we'll tell you. >> all of the study. it was like walking out from the corner over here. and walk up to the car and they looked like they were up to no good. they walk up to the smart car right here.

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time for a quick check of the headlines, 13 people killed and more wounded in a bombing of a passenger train in pakistan. it happen when people were getting on and off. no immediate claim of responsibility. >> and the mob beating of a detroit man arraigned on assault charges. the 17 year old accused of attacking a driver that hit a 10-year-old boy. the victim of the boating is in critical condition. >> and the police searching for who ever is doing this to smart cars. it has happen four times. one man say four hodded figures tip the car and run away.

it is an act of felony. >> and that is happening in san francisco. they haven't found the person responsibility. twitter is on fire. apparently everybody has a phone. who knew. sound off. ncan't live without it. >> in the meantime. steps with obama care and raising new questions about campaign strategy. will vulnerable democrats turn to the president for campaign clout or steer clear? mark is on the right, and marjorie is former consult apt of the obama team, she's on the left. how are you doing. mark and marjorie let's go at. it do they stay clear or invite him home? >> the president needs to turn out the base and the president is good at. that they have problem with independents that are important voting block.

66 percent don't like the way the president is going around congress and doing what he said is his job and they are rating the president negatively. >> marge row, alaska signalled he didn't want a visit. and i don't know about landrea u. rode on the plane but not publicly. are they rolling out the welcome mat? >> all of those states are centerist and republican leaning states. and the president understands. this and bush understood this. he knew fellow republicans would distance them. you look at the issues that they are fospecific to the state be drilling or oil in alaska and home state of texas we had that

issue in the governor's race. what do people say in the grocery store line. >> you are hunch right now he doesn't go to all of these states and doesn't participate in the campaigns on the september side? >> absolutely. he has gone out and publicly owned we have had problems. they are trying to reclaim obama care as a positive and some states are seeing the favorably for the democrats, notes inially the president but the democratic brand. >> one thing he can do is raise money and a lot of the it. >> he can raise money. but the republicans out there are not having trouble raising money especially as the centerist states. they are the swing states and all of the senators in the states are in trouble. and all politics is more local. and people are hurting in the

pocketbook because of the economy and obama care and the president's decisions. it is impossible for the democrats to walk away. >> how often do you see him in the next several months. >> i think in states where he turns out the base and places like chicago. you will so him there. and louisiana and new hampshire and iowa. i don't think he will make any appearances there? >> i agree. i think we will see him. and when given the opportunity he can coral the people that he loves and a good ora tor. and we'll see him high lighting a lot of things that went well. >> we'll follow the map. thank you. and we'll talk to you soon. appreciate it. >> uconn! >> huskies celebrating after the

4th national championship and the big event not without controversy. a star player is in the spotlight that he sometimes goes to bed starving. >> we do what we do well. and we definitely have the scholarship. but that doesn't cover everything. we do have hungry nights that we don't have enough money for food. and needing money. money is needed. i think it is an idea to see where it goes. >> and northwestern football players. connecticut law makers to look into ways to allow college athletes to unionized. and how much finds their ways in the actual pockets of the struggling students.

he is an advisor to big- time athletes and nice to see you. please state for the roar. i am all fired up about this. where do you fall as far as whether or not the columning athletes unionize or not? >> the unionizing is a silly idea. they have done it in northwestern and will try to do it in other places. and we take a leap of faith, because they unionize they are going to negotiate for sal rows. and i don't see that happening. both sides, you have union and labor and management. management is not going to agree. i have been around professional athletes for a long time and when they came out of college. they do need to make some money and it will come in the form of an allowance and uniform with every university. >> the distinction that is made

is whether or not college students are first and foremost student or employees. in the northwestern ruling they decided that they were employees. ed, this could drastically change the scope of college athletics. >> you are hitting on something they never heard of. that is fapdom tax. if you are getting paid. northwestern. aefrmg is 60,000 to go to school there with tuitition and room and board. they will get hit with a tax bill based on 240,000 of income and most young men and women don't go pro. they will have a bill bigger and regret the idea that they asked to be called employees. >> and look at the fact that as form of payment they are getting an education and potentially

being a professional athlete and making millions of dollars. what are you hearing from the professional athletes and how they feel about this. >> it is funny, i got off of the phone and they think it is a dumb idea. college is competition and shouldn't be unionizing and where they get sal rows. and one of the guys said to me. it is all about competition. remember, most of the people, 99 percent of the people who play college athletics don't go pro and don't make a lot of money and the idea they are using that and going pro and devaluing what the education part is, that is valuable. and when they do go pro, they only play 3- 4 years and they have very few people like kevin did youran and lebron james makes that type of money. they should value the college education a bit more.

>> this debate is sure to continue. thank you. >> will anyone be brought to justice in the irs scandal? what we could see on the hill regarding the face of the targeting scandal, that is lois lerner. all this as john boehner is talking about a possible criminal investigation soon. >> when this story first broke. someone asked me a question. who should be fire. i don't care who will be fired. i want to know who is going to jail? ♪ i know a thing about an ira

♪ and i got the tools ♪ to do it my way ♪ i got a lock on equities ♪ that's why i'm type e ♪ ♪ that's why i'm tyyyyype eeeee, ♪ ♪ i can do it all from my mobile phone ♪ ♪ that's why i'm tyyyyype eeeee, ♪ ♪ if i need some help i'm not alone ♪ ♪ we're all tyyyyype eeeee, ♪ ♪ we've got a place that we call home ♪ ♪ we're all type e ♪ >> coming up on the real story today. michael mukasy said more needs to be done to get to the truth on benghazi. he will explain michael morel's testimony. and you will hear the ping for yourself from what could be the black box of the missing malaysian airplane. and the nine-year-old told he

couldn't read the bible in an after school program. you will not believe who is coming to his defense. ni don't care who will be fired. i want to know who is going to jail? the fact is, that the irs, there are specific laws that protect taxpayers and force the irs to comply with the law. somebody in the irs violated the law, whether it is lois lerner or not we'll find out. >> there is joan boehner making the case on why a criminal investigation is so important. andrew napolitano is with us. how are you, judge? >> good, bill. >> tomorrow there will be a letter to be given to eric holder with three charges. violating constitutional rights of americans, giving misleading information to investigators and inappropriately releasing private taxpayer information. that goes to holder and what

happens then? >> probably nothing, bill. the decision on whether or not to prosecute her is his. and there is no appeal for a decision. and it will be extremely unlikely that president obama's hand pointed attorney general eric holder would launch an investigation of his own hand picked chosen management of the irs. it is obvious, bill that the administration detests the supreme court opinion, called citizens united which said that cooperation and organizations have first amendment rights and in order to diminish the affect on that. they came down hard on conservative political action groups. and it is obvious they bent and twisted the law to do this. what is not obvious is that there is anybody around that is prosecute the people for it because they, the administration control the end prosecution.

>> if that is what happens with holder, what about the cop tempt charge in congress. would you give that immunicipality to talk. >> they are great questions. they can give her immunity against her will and if they vote to give her immunicipality. and approval by a federal judge. she will lose the fifth amendment right to remain silent and refuses to testify, she can go to jail. but if they don't give her immunity and they ask her to testify and she refuses and that hold her in contempt of congress. eric holder hills is held in contempt of congress for refusing to turn over fast and furious documents. >> you can see the investigation. and the law gives the irs great leeh way and for that reason, is that why this as you said earlier this investigation is dead in the water?

>> yes, the reason that the irs has this leeh way. both political parties want to be able to use the irs to their president obama is using the irs against his political opponents. if the congress, whether republican or democrat, have the moral courage to have a truly neutral irs, totally separated from the political branches, then we would not see this happening. but until they do that, this is going to happen and it's going to happen, depending upon the personal choices and morality of the president. this president is willing to abuse the irs to torment his political opponents. it's reprehensible but it's lawful. >> judge, thank you. the letter goes public tomorrow. thank you. >> you're welcome. >> appreciate it, judge. a mystery boat washes up on shore with a cargo that's not investigators very interested. that's next. sfx: car unlock beep.

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a ton of marijuana in california is now a bit fishy. crammed into a tiny boat found on california's malibu beach, police got a call from park rangers. discovered the boat after reporting a strong smell of pot and gasoline. that's an issue, which was leaking from the craft. three people taken into custody. the boat and the weed has been seized. an international group of scientists releasing new findings that raise serious questions about a recent u.n. report on climate dhang. mike tobin is live in chicago.

>> reporter: it's just not that bad, that according to this panel of scientists assembled t intergovernmental panel on climate change. the nongovernmental panel on climate change concludes there is more carbon in the atmosphere but it will not cause catastrophic deadly storms. the human impact, they say is small. changes in temperatures are within the range of what happens naturally. the conservative heartland institute which is publishing the report, says mainstream scientists face peer pressure to reach the conclusion that people in industry are having a devastating impact on the environment. >> ethical standards have been lowered. peer review has been corrupted. and we can't trust what appears in our most prestigious journals anymore. >> reporter: as far as climate mange devastating plant life and food supply, the conclusion is that plant life thrives on carbon donetsk i'd, plants do

better with more of it in the air. critics go after the credibility of the panel. >> that's not an assessment of scientists. that's a bunch of old retired guys that got together and wrote a report that is basically full of misinformation. it's not peer reviewed. >> reporter: they say they went through intensive peer review. the rollout is tomorrow in d.c. >> mike, thank you. no more land line, that could be an option for you and your town. >> can you live without your phone? we'll have your best tweets next. bill can't imagine it, by the way. >> sing it. ♪ [ male announcer ] when fixed income experts... ♪ ...work with equity experts... ♪

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how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going have to rethink this thing. it's hard to imagin how much we'll need for a retirement that could last 3years or mor so maybe we need to approach things dferently, if we want to be ready for a longer retirement. ♪ can you live without your phone? >> j.w. says, lock my phone

before a road trip once and my girlfriend asked, how are you going to get there without your phone? i said, i'm going to drive. >> robin, being without my phone, terrifying, sometimes i sleep with it. >> jim says, i can't live without my phone because i'm using it to tweet. >> yes, you are. we have to run. see you tomorrow. we have new reaction to president obama's executive orders intended to bolster equal pay for women. i'm gretchen carlson. welcome to "the real story" today. it's an issue the president hopes can help democrats' chances at exit polls in november. ed henry live at the white house for us. ed, critics jumped on the president's push for equal pay today saying the white house doesn't pay women the same as men. what did you find out? >> reporter: it's interesting. it's the second day in a row the white house faced tough questions about this study suggesting that women make about 88 cents on the dollar against male salaries here at the white house.