bringing. >> i had a good time. >> and thank you for our special guest host today. >> i would never know which one the lucky guy will be. happening now starts right now. we begin with a fox news alert. we are awaiting the daily briefing from white house press secretary jay carney who will likely face questions over the growing scandal of the allegations of data falsified in the veterans facility. and at&t a noupsed a mammoth deal to buy directv? how will this affect your choices. e- cigarette may be dangerous as smokes and the vapors could pose a major risk.

serious allegations of cyber spying against a arrival super power. welcome to a brand new hour of happening now. i am patty ann brown. >> i am jon scott. justice department is filing charges against chinese officials. eric holder said those chinese officials hacked in the computer and stole trade secrets. we have more from washington. >> reporter: thank you, john and good morning, the indictment identifies five members of the people's liberation army that are a cowed of cyber espionage and stealing industrial secrets and communication to give china willt an advantage. the they are on the fbi's most wanted page. they work in the high rise in

shanghai identified by private cyber security firm that alleged it was home to an organized network of chinese hackers who are behind threats that target organizations. they are able to infilt trait the companies and steal their information. >> what distinguishes this case, we have a state sponsored individuals using intelligence tools to gain commercial advantage. and that makes this case different. >> reporter: six large firms in the pittsburg, pennsylvania area are targets of the indictment. >> putting them on the most wanted list. what are the chargeses they will so the u.s. courtroom? >> reporter: they asked the national security division whether all diplomatic options were exhausted.

>> i can only it would you that the chinese government said if we have evidence that would stand up in the court of law show it and today we did. >> they put in a statement that the indictment would hurt chinese relations. china is a staunch defender of the chinese government and military and associated personnel never engaged in on line thet and trade secrets. we are asking if the issue was raised last week when they were here in washington and the administration seemed to roll out the red carpet for them, jon. >> cathrein thanks. >> we expect white house reaction to the growing calls in the accountability in the va scandal. not enough actions taken in the allegations of a widespread cover up of the delays.

adding to the outrage, new reports that the obama administration transition team received warnings about the va hospital. wendall goaler is live at the white house. >> reporter: those reports come from the washington times. the va claimed that the waitingly times report were unreliable. they have been accused of manipulating the times. >> as relating to the allegations, we'll get to the bottom of them and understand what happen and insure it never happens again. we have additional staff in the veteran's administration to dig in to this to find out whether it is isolated or a systemic issue to address with wholesale

reform. >> reporter: a former psychiatrist in a west virginia facilities gave up the job because she couldn't see her patients enough. >> i write the order and turn to clinic and check and look for my patient and he is booked 3 or 4 weeks and months to see the guys in the the second visit. that means they are worse off than no treatment at all. >> reporter: the deputy secretary of the va, and top official for veteran's health care resigned and he was scheduled to retire this year anyway. bureaucrats don't see that as a fix but an appeasement for the administration not telling shinseki to step down. the 2016 presidential race is already starting to take shape. a new survey on the kind of candidate voters would like to

see in the oval office. how likely they would support a candidate with many years of washington experience 30 percent said less likely. and only 19 percent said more likely. and 48 percent said itn't matter. let's bring in our political panel. a b stoodard and rich lowery, rich, what is wrong with washington experience, people don't value it any more? >> we are seeing the drop in the prestige of washington. this poll makes sense given what we so in congress which are in the toilet. and so it makes sense people wouldn't consider service in congress as a great attribute. it is a stark reversal.

in 2007, more extensive experience in washington is a good attribute for a presidential cappedidate and now the opposite and people consider it a negative. >> does that a b, that those who come in as governors will have a leg up on the members of the senate and perhaps the house, who might be considering a presidential run? >> in this survia, it is clear that governors are more attracted to voters these days. the interesting thing though there is a perfect amount of experience that makes voters feel safe. popercent would be less likely to vote for candidate for president who had no experience before taking the job of presidency. you have to have a certain amount of house guests where it is fun for a now days and then

you want to throw them out. and it is to which of an insider and incumbent and not appealing. >> it is interesting when asked the top positive traits to help decide if they were in the white house. military experience first of all, as well as the business experience, and gubnatorial experience. those two tied with people say it is the top presidential trait. mitt romney came in and got rubbed. >> and it is a sign that you take it with a grain of salt. republicans in 2008 and run a guy with the military service. he doesn't do well. and run a guy with business experience and mitt romney

doesn't do well. and what kind of campaign and idea they are running on make a huge difference. if hillary clinton is planning on running an experienced campaign, this poll should be a red warning and siren against that. >> it said the findings of the pugh poll that age is a factor that people consider when looking at a presidential candidate. >> it is a factor and less of a factor than it used to be. i don't know if what rich just said about the different groupings and different appeals and qualities of the candidates. and margins are slim enough that the power of the candidate can over come that. at some point it broke and there is uniting and dividing. it would be hard for hillary clinton to say i know what is wrong with washington and i know what will fix it. simply because she is a fixer of

washington. >> and she's been in cha ppa qua a couple of years by the time the campaign gets unway. barak obama, rich, came in 2007 with a thin resume and got elected and reelected. does all of this is a, it is more about presentation than pleasment? >> presentation is important and the general mood and president obama's lack of experience played in the theme of hope and change and being different. and i would think, jon, the entire republican presidential field should be encouraged about the poll. the guys in a senate on the motto of barak obama and governors who are looking at running. and none should be descouraged

and should be encouraged by the poll here. >> thank you, jon. she was caught on tape threatening to throw a reporter off of a balcony. michael grim is in court on serious charges. >> and a surfer accused of trying to run over an elderly woman. >> and we want to hear from you. click on america's asking to join the discussion. m the healthcare you deserve. at humana, we believe if healthcare changes, if it becomes simpler... if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things. let's close the gap between people and care. ♪

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awe 30-year-old surfer charged with attempted murder. it happen in the parking area of a apartment complex in ho noluyendyk. jill hanson hit the woman and reversed to hit her again the worker in the complex who saw the whole thing used the crow bar to smash out hanson's car to stop her. hanson is held on a million dollars bail. the elderly woman is hospitalized and expected to recovery. >> the new york city congressman who threatened to through a reporter off of a capitol hill balcony. congressman michael grimm facing

the judge for tax evasion. they are live outside of the federal courthouse. johnathon what happened today? >> the biggest surprise was just how little congressman michael grimm had to say. he's rarely seen a microphone he didn't like but today he didn't want to talk to me or anyone else. listen. is it a witch hount. >> reporter: congressman you making any statements regarding the hearing. >> reporter: probably on the advice of his lawyer he said little about the 20 count indictment against him centered on tax evasion and wire fraud. the prosecution has 7,000 pages of evidence and the lawyers said they need time to groe go through that. and the judge give them until

july 21st. >> he has previously said he would fight the charges. what about that. >> he's been voluble in the past saying that he is innocent of all of the charges and he will be proven so in court. he held a rally in staten island and apparently said the words, i'm still here baby. >> reporter: but as he left the court today and got in a waiting vehicle, the only word he said. have a good day, be safe. he will hope his reelection bid is a safe one. up for reelection in november. and many in the republican party have abandoned him, believing that he is two tarred by the bad publicity. he said he will fight in november and he will win. all right thank you.

here is a wild court story, an accused murderer ruled mentally incompetent many years ago could soon go to trial. we'll tell you why when our legal panel weighs in. >> and navigating gusty winds and tall trees to save a teenager. how he got in trouble in the first place. woman: everyone in the nicu -- all the nurses wanted to watch him when he was there 118 days. everything that you thought was important to you changes in light of having a child that needs you every moment.

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trwith secure wifie for your business. it also comes with public wifi for your customers. not so with internet from the phone company. i would email the phone company to inquire as to why they have shortchanged these customers. but that would require wifi. switch to comcast business internet and get two wifi networks included. comcast business built for business. a teenager stranded on an island in a river on north carolina. the 15-year-old trapped and surrounded by fast- moving water. the teen was swept away before getting stuck on the island and a rescue helicopter was dispatched and he was dropped a lifeline and he grabbed it.

he is doing okay. >> bobby mcgee is long sense believed to be mentally incompetent. he was accused of killing his wife helen. and he was sent a florida state hospital. in 2001 and 3, the hospital suggested that mcgee had become competent. a new cocktail of medication could make him sane enough to go on trial. a hearing will be to see if he is able to understand and begin in the proceedings. joining us now is joe and heather. thank you for being here. dan, can he be made sane enough to stand trial and was he sane enough to be held responsible. >> right, those are different issues. there is a lot of bizarre

behavior. whether he understands the proceedings and assist in his own defense. if he's domed competent, the issue at trial is whether the defense can prove he was insane at the time of the killing. right now, he's not cooperating with the drugs that are supposedly going to make him competent. the jail can't administer them now. >> and about that as dan just said. in the mental hospital they can forcibly drug him but the jail said there can't. >> if you think about it. he has the right to privacy and self determination and prosedureal and right to fair trial and can he interact with the counsel. and florida is one of ten

states. you have eye right to privacy under the constitution. there is a lot of arguments to make. >> and if he is not forced, his lawyer said he will not take them and then he will be a mess at the trial and then it is a circus. dan, what is the point. what is the point going through this? >> the prosecution said he's intentionally not cooperating and avoid going to prison and rather be in a psychiatric hospital. it is it a better place to be than in a jail or prison. he killed and murdered someone, his wife in a brutal way. and the state of florida wants him to be held accountable. they said he was competent and not insane and want to try him for the crime. >> it cost over 100,$000 for the state to keep him. and the state pays 17,000.

that is a strong interest. >> critics on the other hand say you can't make it about money and the report repeatedly said every couple of years, he's sane now and they want to get him out because it is so expensive and the motivation is financial. >> and behind the scenes, motivation may be based on financial consideration. you will never see that argument in court that we need to try him because it is cheaper to keep him in jail. the argument is if he is competent to stand trial and the issue will be if he was legally insane at the time of the killing. >> is that an acation in the prelimary hearing if he is competent, heather, is there a financial motivation behind the hospital officials saying they analyzed him and decided he would be sane or not.

>> probably not going to come up. but what will come up, does he have the right to be tried in the same state in which he committed the crime. he will not be found sane. there are so many issues of constitutional rights of self determination it would be difficult for the court to overcome those based on simply justice which is a great right and the money. so dan, when it comes to whether or not he was insane. he was married days when he exhibited bizarre behavior. sent a letter to the neighborhood and delivered it to newspapers saying that his wife was a disiple of the antichrist. and she filed for an order of protection which was turned down. was he insane? >> he was clearly emotionally disturbed, but there is a difference of being

emotionally disturbed and diagnosed mental illness. and where you don't know it is wrong. here he stabbed his wibrutually it shoes how important it is to take them sourcely and issue orders of protection when the victim is looking for one. some states put the burden of proof on the prosecution. the defense has to prove he was legally insane at the time. that is a high hurdle to get over. >> he is -- the experts will say he has the medication. and the defense will say it acts his rights. >> thank you both so much for joining us. >> and megamerger in the works

between two telecommunication giants. how the deal of at&t and directv could change the way you watch television. >> a fired new york editor breaking her silence. her dismissal sparked a raging controversy about women and the work place. you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™.

>> happening now. at&t agreeing

to buy directv in a deal almost worth 50 billion but what does it mean for you, the viewer. we'll have more on that, ashley? >> at&t said this deal could reduce. critics are skeptical. at&t wants to increase its power with media companies because video viewing is moving on line. it is a combination of the two companies is talked about but heated up following comcast offer for time warner two months ago. for at&t it will be a stronger position in facing television distribution and consumption. at&t at this time uveshgs has 9 or 5 million.

this will add 20 million and boosting the offerings of bundled packages and direct tv offering broadband to the u.s. customers. critics question. this why would at&t facing slowing growth buy direct tv when a growth in satellite tv is stalling and question it is about the nfl sunday ticket package. that contract expires. and if directv doesn't get a contract at&t could walk away from the deal. what does it mean for us the consulers? >> at&t should get tv licenses and should reduce costs to consumers. they mean less rates. >> it costs a bundle.

ashley webster. thank you. >> and former new york times. jill abramson speaking first time since being fired. she talked about being forced out. >> losing a job you love hurts. but the journalism makes our democracy resilient. i will remain a part of it. >> and joining to talk about the controversy is howard kurts. thank you for being with us. >> the spin was that she complained that she was not paid as much as her pred steszor and

she was fired for complaining. you don't buy that? >> no. that was successful and jill won the nasty pr war until now. there is not that it was not anything to the equal pavement her boss felt betrayed and mislead involving her deputy don't vakay. it was him or her. and why dean vakay is the first african-american american and jill was out of a job. >> that is insider information. it is kind of a he said she said situation. and difficult for us to know what went on there. are we talking too much about it entirely we don't know what happened? >> i think my reporting has

painted a picture of what happened. suddenly somebody was going to be hired to be the co-arkor of the show that person would be dislosed. i think it resonated in a way. women in journalism and business feel when they are aggressive and tough they are described with words like pushy and what the ones to be seen as not the b word. but there are plenty of men who run the new york times who are difficult to deal with. and in that sense i know what she agreed. she had a difficult relationship with her boss. he told to him prove her management and relationship in with the deputy. this incident was the last straw. and you have to be able to manage up and down.

>> and sometimes women are treated differently in the work place and perceived differently. and someone let go because they didn't do as good of a job because of their gender. >> that is thorough. women have right to high jobs. and right to fail. the new york times is left leaning newspaper and jill abramson and the fight has not helped the image of the news with the firing. >> abramson spoke out in the commencement. she didn't say anything about what is going o. salesberger talked to the media first. and really slamming her and he said he was forced to do it

because the media critized him. abramson didn't come out and say these things. >> i am sure, the publisher is complaining about mainstream media coverage. but he was getting killed in the pr war and he h put out. abramson didn't have to say anything publicly because she was pehind the scenes and it looks heavy handed he's beating up on the woman. but what relationship collapsed and once you don't have the confidence of your boss it is hard to continue. >> the photoof her with the boxing gloves? >> i was critical of salesberger why couldn't he have given her a gentler exit. and she wanted it to be known she was going to be fired. she would go down fighting and

that picture branded her for the most new york times career. >> john? >> right now, the white house saying no indication of russian tro troops away from the ukranian border. putin said he ordered them back to their bases. about 40 this happened russian troops are mobilized on the ukraine border and sparking fears of an all out inivation. and the kremlin said they are done with spring- time exercises. nato said there is no sign of a russian withdrawal. >> it is the puttin statement on withdrawal of russian troops, but so far we haven't seen any

withdrawal at all. and i strongly regret that. >> and nato is considering wrapping up their open forces. >> what the usda found in a recall. >> ecigarettes that could be deadly. you, my friend are a master of diversification. who would have thought three cheese lasagna would go with chocolate cake and ceviche? the same guy who thought that small caps and bond funds would go with a merging markets. it's a masterpiece. thanks. clearly you are type e. you made it phil. welcome home. now what's our strategy with the fondue? diversifying your portfolio? e*trade gives you the tools and resources to get it right. are you type e*?

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>> alarming comments from the former head of the nsa saying the probability of more terror attacks here in the u.s. is growing. why? we'll tell you. first on fox, speaking to the reporter that exposed that the va is paying fauf families. to the tune of $36 million. and we are going to have an update on the teacher who penned a kindergarten teacher up against the wall. has she been fired yet? you have to hear the answer. >> and e-coli outbreak of beef products. they were solid in michigan and massachusetts and missouri and ohio. officials say the best way for consumers to protect themselves avoid ordering under cooked

burgers. >> a new study sparking concerns about a product that is touted as a safer alternative to smoking cigarettes. ecigarette makes merza more poisonous. they find the bacteria and strengthen the bacteria from the super bugs. we'll have to the doctor who is from the university of north carolina. we want to make it clear. merza a posed to mers. that just made it to this country and has people scared. mersa is a resilient stap and that often kills people who go to hospital for simple surgery,

right? >> mrsa is a common bacteria but antibiotic resilient. if you are elderly or compromised immune system you can get a infection that is difficult to treat. most of us are not affected by it because of our immune systems. >> in this case, e- cigarettes and how they can contribute to the lack of resilience from people and among people who use them to mrsa? >> we have known that regular cigarette spoke weakens immune system. but the vapor that contains nicotine and chemicals, when you expose mrsa bacteria to the vapor they are multiplying in greater numbers and seeing

increased aggressiveness and it is frightening when you look at this. >> nicotine or something in the vapor makes the bacteria grow stronger? >> in a mouse model and giving mice pneumonia they produced stap infekzs with exposure to vapor and without. one with vapor had five times resistance stap in the lungs and turns a switch on that makes them resistant to the treatment. >> it is everywhere and one of the resistant. >> and it is in your nasaal passage ways and lungs and skins and surfaces and when you are immuno compromised and drug resistant there is a problem there. >> another story to catch our eye. a new study said infants who

don't get adequate sleep and on to childhood have a higher rick of obsessitty. >> and sometimes those studies are skewed, but if they didn't get 12 hours and ten hours for 3 and 4. and 9 to 5 and 7 years. chances of them growing up to be obese was significant. >> other studies had similar findings. when they don't get enough sleep in the lower percentage grouch lack of sleep, they had a 34 percent chance of being obese. and if they got adequate amount of sleep it was a six percent. >> and it has an affect on the way we eat and exercise and our

daily habits. >> and some of the compounds in the blood and hormone gets regulation. >> it is amazing how our body responds to a lack of stress with production of stress hormones that affect our metabolism. it is more than sleep and diet and exercise. it is a whole lifestyle thing. we need to teach our kids to sleep and eat at a certain time and organized our lives in such a way. and we have a common problem in the u.s. today. >> i have a teenager at home who tries to avoid going to bed. i have a good relationship with sleep and i like to sleep. >> me, too. >> good to have you on. >> thank you for having me, john. >> one small pond triggers

threats of a massive fine. why the feds are going after the homeowner for a backyard watering hole. >> and we'll tell you where this is happening. life with crohn's disease or ulcerative colitis is a daily game of "what if's". what if my abdominal pain and cramps come back? what if the plane gets delayed? what if i can't hide my symptoms? what if? but what if the most important question is the one you're not asking? what if the underlying cause of your symptoms is damaging inflammation? for help getting the answers you need, talk to your doctor and visit crohnsandcolitisinfo.com to get your complimentary q&a book, with information from experts on your condition.

right now, the feds are going after a man for building a pond on his own property. the epa threatening to fine him $75,000 a day unless he drains the water and restores the land. our ongoing series "it's your land." >> andy johnson and his wife built this pond in 2011. the wyoming state engineers office gave them a permit and told him he didn't have any more hoops to go through until the environmental protection agency

got involved. >> i loved the work that we put into it and to know that my husband was able to build something like this. >> now you can see bald eagles here. we have moose come down. four and five pound brown trout live in this. it's just been a tremendous environmental benefit. >> reporter: in january the epa told johnson because he didn't get a permit with the army corp of engineers, he violated the federal clean water act, in part because six-mile creek which feeds other waterways, runs through it. >> they're alleging that i altered the navigable water which is the green river which is more than 100 miles from me. it's just crazy. >> reporter: the epa gave johnson 30 days to dismantle the pond or face fines of $75,000 a day. in a statement to fox news, the agency said, in farthpart, epa' primary goal in clean water act cases is to work cooperatively with landowners to remedy

violations. we are hopeful that we will be able to do so in this case." in a joint march 12 letter to the epa, senate environment and public works committee chair david vitter and wyoming's two senators wrote, "rather than a sober administration of the clean water act, the compliance order reads like a draconian edict of a heavy-handed bureaucracy." now the johnsons say that they have told the epa they aren't paying these fines and they are also not going to tear down the pond. they say they are in a battle and they're going to fight it. >> all right. thanks. massive clean-up under way at marina del rey in southern california. thousands of dead fish, even an octopus, suddenly rising to the surface. some experts say hot weather may have created a lack of oxygen in the waters essentially suffocating all those fish. the english language is getting a little bit bigger.

look at the new words added to the merriam-webster dictionary coming up. ugh. heartburn.

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mayo? corn dogs? you are so outta here! aah! [ female announcer ] the complete balanced nutrition of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. 150 brand-new words just added to the merriam-webster dixary. among them, sophie, hashtag and uper. what's a uper? folks from the upper peninsula of michigan. baby bump, digital divide and turducken. >> a turkey with a duck and chicken inside. it is john madden's favorite thanksgiving food. >> that just sounds fowl. >> right. hey, we are keeping an eye on the white house briefing. some interesting stuff going on.

they are asking jay carney about chinese spying, about russian troop movements and whether or not the white house knew six years ago about problems at the va hospitals. that's the indication. you'll be hearing more about what jay carney has to said in the hour ahead. thanks for joining us. "the real story" with gretchen carlson starts now. thanks, guys. we start with a fox news alert today because this is being billed as the fbi's biggest global cyber operation ever with law enforcement launching raids now. 19 countries i'm talking about. i'm gretchen carlson. welcome to "the real story" for a monday. these raids are all linked to a malicious software called black shades. that allows users to hijack computers remotely, even turning on computer web cams. it is used for everything from extortion to bank fraud and so far more than 100 people have been arrested in an operation that's over two years in the making. eric, this sounds like it is a worldwide operat