have fun. >> my phone is locked. i have looked through a phone and i wish i felt like harris and i found something i didn't like and since then learned never to do it again. >> see you back here tomorrow. happening now starts right now. and a fox news alert on three developing stories this hours. house minority leader nancy pelosi is leaning toward putting a full compliment of house members to investigate the benghazi terror attack. >> and new details on the marine south of the border. he's been moved to a new facility as secretary of state kerry visits mexico. >> and millions conduct business and the company was hacked. what ebay is telling users to do

right now. a fox news alert, brand new reaction on president obama breaking his silence on the long delayed medical care for veterans. one republican called the president's comments too little, to late. i am jon scott. >> the president said he will not tolerate any misconduct in the va hospitals after a meeting with secretary eric shinseki, as the house law makers work on their own plan to soak accountability. >> doug? >> reporter: the president's remarks were the first he has mentioned about it since he was first asked about it back in the philippines 23 days ago by ed henrow. the president said the allegations of phony waiting list and falsifying records are absolutely unacceptable.

here's the president. >> if allegations prove to be true and it is dishonorable and disgraceful and i will not tolerate it period. >> reporter: at the same time the president urged against the rush to judgment against secretary shinseki and offered a four- point plan. anyone found to falsified records will be held accountable. he wants the preliminary review by next week and broad review later on. and wants everyone to work with congress. the republicans were quick to critize the remarks. while the president spoke out, it is time for serious action and accountability. so far i have yet to hear from the president that he is treating the crisis with the sourceness it deserves. mccain said the remarks were

insufficient. and that chairman of the house veterans called the president's remarks to little, too late and he is mong the number of republicans to call for new legislation to make it easier to four a veterans employees. they want changes in that front. one more quick note. congressman john baro, first democrat to call for secretary shinseki's resignation. back to you. >> thank you very much. sources telling fox news that house minority leader nancy pelosi is leaning toward appointing a full compliment of democrats on the committee that is chaired by trey gowdy.

no final decision was made yet but she met with democrat leaders and will whole additional meetings before reporting to house speaker john boehner's office. pelosi was opposed since the formation of the committee was announced two weeks ago. we are learning more about the winners, biggest primary dates so far in this election year. six states holding contests and the races that the gop needs to win if they take back the senate. two businessmen will head to a july run off election. the winner will face democrat michelle nun for the seat of retiring senators, nun considered a formidable candidate. and a race with big implications is kentucky where mitch

mcconaughey roundly defeated a tea party challenger. and he faces aliceon london groims there. and what is expected to be another competitive race in oregon democratic senator jeff murkily will run against dr. monica webby a surgeon and political new newcomer. idaho congressional race watched. democratic candidate richard stallings running against republican mike simpson. >> more on the races and the impact we'll bring in david catries senior politics writer for u.s. news and world report. when it comes to the republican primaries, if it was a battle fold with the establishment and gop tea party the establishment won. >> the case of the establishment striking back after two sidewalkles when the preferred

rank and file pick of washington sometimes lost in contest and went on to lose the general election. it looks like largely, republicans are getting the candidates they want on the ballot in november. they feel very good about this and bullish about this. and democrats would say that the republican establishment has kowtowed to the right. the tea party pushed the nominees to the right. you can't dismissed that it sort of change. the tea party had the momentum and now it swung back to a establishment and better funded candidates and electable candidates in the fall. >> what is georgia, david purdue will be taking on another member of congress. they both were favorites i guess, if you will of the established republican bureaucracy or hierarchy down

there. now they are going to be in a run off. purdow versus congressman king stop. they will be in a run off and will that hurt who ever takes on michelle nun? >> it could possibly. n this is a preferred situation even to what republicans thought would happen in government. representative paul brawn and representative phil beginningry finished last in the primary. and the republicans feared for months they would win the nomination in a low turn out and they were leading polls if you go back and look at it. the chamber of commerce got involved and outside groups got involved and chamber of commerce backing jack kington. and sunny perdow well funded. and you have two candidates that

the establishment is happier with and yes, you raise a good point and they go on for two months and 60 some days in july. and they will go at it very hard for the nomination. it is a lot to fight for. >> i will ask you about what happened in washington last night. democrats are defending their decision to screen parts of a movie that was critical of david and charles coke inside of the capitol. republicans say it violates ethic's rules. why take the chance? you know, that is dicey. it is odd they would not do it off premise and government property and do it after hours. look, the koch are the democrats new karl rove. they used to use karl rove to

get the base jacked up and excited and now it is the koch brothers. most americans don't know who david and charles koch are. nharry reid brought up their names 83 times on the floor of the u.s. senate. >> he's trying to get their name id up. they need a boggy man for 2014 and whatever reason, they believe these are the bogey man that will jack up and you know, sort of insight the voters to get to the polls. you can see it in the fund-raising e-mail koch brothers are named and the democratic campaign is following suit. the koch brothers want to take away the seat. it is a bit of an obsession. i don't know if you are going to work. my aunt may not know who the koch brothers are. it is mostly an insider game and the card they are playing. >> i talked to someone who lives

in the town where they have a facility, and none of them had anything but good things to say and the way they do business. we'll see if the democrats can overcome that kind of things. david, thanks. some states holding gubnatorial primaries. in pennsylvania democratic businessman tom wolf waiving his primary and face off against governor tom corbett. jason carter winning the democratic primary and run against dpof goff nathan deal who beat two republican challengers. and in idaho a j bookoff running against republican goff govern butch otter who faced a close challenge. >> and major judicial action on a hot button issue.

same- sex marriage in pennsylvania. federal judge striking down the ban of gay marriage unconstitutional and said such laws need to be thrown in the ash heap of history. goff dpof tom koshet supported the ban expected to release a statement today. in idaho. gay marriage will not be allowed until an a pole is decided after a lower court overturned the same- sex marriage ban. and in oregon, the judge throwing out the ban. the state official said they would not appeal. fox news extreme weather alert on the potential for severe conditions in the country. strong storms expected to develop again today and tonight on a poundry stretching from the oast coast to the rockies. folks in the midatlantic and ohio valley are at risk for large hail and damaging winds. the threat of isolated tornados

also a major concern for those living in western kansas and colorado and high plains. and in the meantime red flag warnings are in affect arizona to oklahoma amid hot and dry conditions and more crows arriving to foot a wild fire threatening more than 100 homes in northern arizona. the fire that is 0 percent contained broke up yesterday and proven difficult for fire fighters. the investigators say the cause was arson. nsyria is a training ground and their camp lajohn to train officers and fighters and it clearly works. it makes you wonder whether it should be u.s. policy that assad has to go. it gives you clarity about the kind of people that win if assad loses. concerns about foreign fighters including americans

flocking to syria what fox news confirmed about those joaning the civil war there. new developments involving a u.s. marine jailed in mexico. what we learned about where he is held. plus president obama breaking his silence on the widening va scandal. and reaction from the law makers. we want to hear from you about how the president has handled the scandal. go to fox news now and get in on the discussion. tigers, both of you. tigers? don't be modest. i see how you've been investing. setting long term goals. diversifying. dip! you got our attention. we did? of course. you're type e* well, i have been researching retirement strategies. well that's what type e*s do. welcome home. taking control of your retirement? e*trade gives you the tools and resources to get it right. are you type e*?

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>> happening now, troubling developants in syria. americans are fighting in syria and a thousand foreign fighters with western passports are involved. syria has been in the gripe of a throw year armed conflict that claimed 160,000 lives. >> right now, a u.s. marine jailed in mexico was moved. the sergeant was held on gun charges when he took a wrong turn and ended up in mexico. this latest development comes as the american top limit visits mexico. will in

>> hi, john. secretary of state john kerry is in mexico today and tomorrow and he is facing pressure to try to help the marine who is held in mexico since march 31st. andrew served two tours in afghanistan and suffering from ptsb. he was on the border and got confused and took a wrong turn and ended up in the border crossing in tijohna. he had three legally purchased guns and had his paper work. he could face 21 years behind bars. he's just been transferred in a prison in mexico 40 minutes east of ti juana and so far secretary kerry did not make a public statement about the arrest. >> he needs to be pressured and asked about the american press corps and the mexican press corps. if you talk about relations with

american. detaining young men who take a bad turn and get stuck there, he has to help with that. >> reporter: a state department spokesperson said that the u.s. government talked to numerous mexican officials. he received a order to muster letter and they are calling for him, now a reserve to report to florida in june. >> i opened up the mail last night and he had a order to muster doubt on june 14th. if he didn't show up, he would have a dishonorable and lose his va benefits. >> a spokesperson for the marines said they are aware of the case and tom will not face penalties if he doesn't show up. >> and a deadly shooting, and

testing montana stand your ground law. this 17-year-old german exchange student gunned down in the garage of a home. the homeowner was the shooter after being the victim of another crime. so was it self defense or murder? >> and a missouri killer set to die and last empty the execution is halted. the supreme court is now involved and so what is next? . (vo) rush hour around here starts at 6:30 a.m. - on the nose. but for me, it starts with the opening bell. and the rush i get, lasts way more than an hour. (announcer) at scottrade, we share your passion for trading. that's why we've built powerful technology to alert you to your next opportunity. because at scottrade, our passion is to power yours.

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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. 1shgs a montana man set to be arraigned for killing a german exchange student. the homeowner said it was self defense and prosecutor call it deliberate homicide. marcus karma pled not guilty in

his arraignment in mozula. montana's version of stand your ground law is on here. he was defending his wife and child. a picture snapped from a video feed shoes german exchange student in a garage. surveillance was set up because they were robbed twice before last month. the overhead door was open when dee, doe looked for something to drink. karma shot four times and killikil killing dee- doe. and days before the shooting. karma told a stylist in a great clips. saying i am waiting to shoot a blanking kid and you will so it on the blanking news. the german consoul general said

german penal law applies for crimes committed against german nationals and enabeling prosecutors to open prosecutions in such case s nothing would happen until after the judgment in montana. >> a listia thank you. >> will the prosecution case against the homeowner hold up in court? we'll have the former prosecutors and john, i will start with you. good morning, was the shooting justified and is the law on the shooter side. >> in montana it appears it is. they have the castle doctrine and you don't have to flee when you believe that your house and the people in your house are in danger. in this situation, the owner apparently had two other burglary that caused him to

believe that this was a third burglary and unfortunately due to the events he shot and killed dee- doe. i don't think there would be a prosecution in the case unless there was political backing from the general consulate. >> tom, i was going to go with you on that. and the state has the burred ep to prove that the defense was justified. >> it is a tough case. and i point it out that the burden is on the prosecution to disprove justification once they put it in play. but in this particular case. it really depends on the facts. going far beyond this being a simple case of a homeowner. and what they are alleging it is somebody who baited the

intruder. >> reportedly the shooter said i am going to shoot's blanking kid. it will be on the news. >> those are admigs, that are exception to the hear say rule and come in evidence. and if that narrative is proven by the prosecutions that this is someone waiting for his turn that goes beyond the vigilantism. this is a defendant that is orchest traiting the crime. if that is proven by the prosecution, we may have a tronning case. >> and john, what about the host family. that is a gentlemen that is in the u.s. as an exchange student and not going back home because he's dead. >> it is unfortunate. i don't agree with the law. but the laws should be changed so this doesn't happen again. i got to tell you, i still think it is it not a case of

pre-meditation were proved. statements were based on venting and the person was burglarized many times before. and you can't articulate between the statements to the altern kaying. baiting is a stretch. and the fact that he was complaining he was burglarized and kill somebody is not pre-meditated. and i think there are problems for the prosecutions in the case. >> no lombing liability for the host family, yes or no? >> i don't think so. i mean, look. this is a tragedy from every angle and they certainly did nothing wrong. the german government, look, they are understandably upset that a german national happen in the united states. >> so what is the legal pact for the family of the student? >> certainly a civil sought and

even if the defendants are acquitt acquitted. it is a liability. and as far as criminal liability that is up to the jury. >> guys another case, the execution of a missouri killer halted in the last-minute. a supreme court justice staying the execution of russell buckullo. he was set to die just after midnight last night. and so john, i will start with you on this. do you think that was the right legal move? >> yes, if you remember the botched execution case and the judge a liowa to wants to make sure it doesn't happen again. we don't know exactly if the death drug is causing the botched executions or if it is it the administration of the

drugs. so i think the judge is taking a precautionary step to make sure it doesn't happen again. >> the lawyers say he has a birth defect that would cause an excrucating process. i want to bring in another side. and if you think this opens the door to have your clients get out of lethal injection in the future? >> i think it can open the door and what a leo is doing the prudent thing. at the end of the day, it is a best and delay tactic. there is a lot of concern after the botched execution. and in 2008, the u.s. supreme court affirmed lethal injection as an appropriate means of execution and doesn't violate the cruel and unusual punishment

standard and missouri also has as an appropriate means of execution the gas chamber. as applied to this particular defendant, loathal injection might constitute cruel and unusual punishment. that will be a topic we talk about for some time to come. i have to stop there. we'll see you again, soon. >> thank you. >> the dpment government pushing transparency. and the new proposal that could benefit travellers and help you know what you are spending when you buy a society. plus, the link between judicial follows and how washington, deals are made. okay, listen up! i'm re-workin' the menu. 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®.

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>> the former obama administration official to a top federal appeals court david barrens sparking controversy because of a memo he authored provided the legal basis for drone strikes on americans a brauchltd mike emmanuel is live on capitol hill. mike? >> david barren is a nominee for the u.s. district court of a polls. previously he headed at the department of justice where he worked on the issue of drones

and the legal justification of targeting american citizens overseas. kentucky senator ran paul is the critic. >> i have supported many of the nomine nominees. it is about the substance of the memos and i cannot and will not support a lifetime appointment of someone who believes that it is okay to kill an american citizen not involved in combat without a trial. >> they were leading the charge on drone strikes on american citizens overseas. liberals seemed satisfied but a co democrat expressed frustration with the access. >> in the years since he moved on from the position. congressional request and memos and opinions are frequently stone walled and i use that word

madame president frequently stone walled. >> the nomination will come up with a critical procedural vote and critics worry that he is far too liberal for the bench. >> beyond mr.ber ans and providing the targeting of killings of citizens abroad, mr. barren both in law school and writings of the lawhas been an l activism. >> agreeing to release that memo clears the path for the nomination to be on the path to confirmation. the 9/11 memorial museum opens to the public on the same site where the twin towers once stood. a triage tag belonging to a journalist caught up in the

collapse of the tower and reported that day from her hospital bed. joining me now is that journalist who donated that tag to the exhibition. alisyn gilbert author of covering catastrophe. i made a submission to that book. take us back first of all to the museum. you were down like journalist and rick was one of them. covering what was going on what happened? >> it was horrible when the second tower came down. i am standing and sitting here counting my blessings. because i was caught in the dust cloud and spread eagle and i was pelted by cement and i couldn't so my hands in front of my face. i was rescued and taken to the hospital. doctors ultimately put tubes

down my throat because i couldn't breath. it was scary. >> you are just there doing your job covering what happen to the north tower. but i mean, so many people in the buildings were simply going to work. >> i was clueless. i left my 18 month old son at home at the time. i did not know i was going into a war scene. i expected to come back that day and almost didn't. and for me, it was shocking and disturbing and why i wrote the book. >> the museum is open now and you went and saw the triage tag from the hospital that you donated? >> i went there on monday and the mu soum had survivors to come and see the artifacts that were donated on display. it is shocking to come face-to-face with. that and on the triage tag i had

smoke inhalation and difficulty breathing. in that moment, you are so skaured and you want to get out of there. and coming back was an experience. >> there is criticism of how long it took. and having been there and sewn it. was it worth the wait. >> i am a fan of the museum. any physical place that keeps the history alive is a miracle. it is huge and carnonous. and remarkable how to put that together. and looking back in a short period of time. imagine putting that to meem vocalizing their opinions and i am happy to support them and i am giving over the rights to the bock to the mu assume so they can use royalties to support the programming and co-editors including you have a part in that because you want to give back.

we want to make a meaning of that day. >> it is so fresh 13 years later. alisyn gilbert good to have you in. >> the government going to bat for airline passengers. proposing new rules that make airline companies to show the foes for the add ones. i can't wait to hear, tracey. >> reporter: we are seeing the information. transportation department details the information including how much for the first and second checked bag. that is always a surprise. this has to be provided with passengers whether on line or phone or gate. right now it is not the case. the information is out there. most airlines believe it or not charge $25 a bag. and airline bag fees and air

watch dog and the airlines don't have to give the exact price. we'll charge but don't tell you. the government wants you to know immediately. and other stuff like the share fee information. they share a fee with travel agents and that accounts for 60 percent of the ticket sales. the government wants it all out there. remember back in 2009. penalties for long tarmac delays. and first time they advertised that a ticket price has to be disclosed and the government saying more you arm the consumer, the better. when you go to buy your airline ticket, there is a price and double by the time you are done with the taxes and fees. the government is trying to make that available to you. at this point you have to do research on the web.

>> yes, it is a lot of stuff to fish through. >> tracey burns, thank you for that report. fox news alert. we know the names of the five democrats that nancy pelosi chose to serve on the committee investigating the benghazi. congressman couplings of maryland. congressman adam smith of washington. congressman adam shift of california. linda sanchez of california and congresswoman tammy duckworth of illinois. those five will be the democratic representative appointed by nancy pelosi to join seven republicans in the house xhetee investigating the benghazi terror attacks of september 11th, 2012. >> and also, should certain books come with a warning in case they could offend someone? that is happening on one u.s.

college campus. all course materials, it is a growing controversy and we'll look at it next. sfx: car unlock beep.

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...i got lots of advice, but i needed information i could trust. unitedhealthcare's innovative, simple program helps moms stay on track with their doctors to get the right care and guidance. (anncr vo) that's health in numbers. unitedhealthcare. >> coming up on the real story, bug news day. nancy pelosi announcing she will hold a news conference at the top of the hour about her decision to put the democrats on the select committee. we'll bring you that live. the president addressing the mess in the va.

we'll speak with the chair of the house veterans committee if he believes if the president is doing enough to help the vets. another case of obama contractors getting paid to do nothing. don't wash your jeans? the ceo of a top jean maker said yeap. see you then. >> all right, we'll be watching for you. there is a controversial idea stirring debate on where students are calling on professors to implement trigger warnings. they are deemed violent or sexual explicit. students should be cautious about upsetting material or cause symptomsing of ptsb? i got to tell you dr. williams, this seemed silly and over the top and unnecessary, but i would like your take and give me

examples of trigger warnings. >> thank you for having me. you know, sometimes in my psycheicology courses we talk about suicide, and so that is a sensitive topic and people have certain feelings about that and it triggers emotions and you tell them we are going to talk about sensitive issues and hopefully in the end of it you learn and grow and get something you use. without that we don't grow. >> what happens if the student is offended or if you give the warnings can they skip class or drop the course. is that part of the education there? >> of course, education is voluntarily and they have an opportunity to miss a class or drop a course. most students don't. my opinion the majority are able to handle the federal and you have to tell them that a part of learning is able to discuss issues that are sensitive and

make it uncomfortable and work through them. >> this sounds a little bit. i can't believe it. you are a psychologist and teaching psycheicology courses and you will deal with these range of emotions and subjects. if i am taking your psycheicology courses. sourcely, you got to expect that and why are you trying this line of work if you will? >> this could be for majors but again, we don't back down from teaching this material and we'll let them know how they deal with these emotions. they are not exposed to ideas and are in conflect and make them uncomfortable and this is cognitive conflict and they don't grow. and we don't back down and we let them know those coins of feelings can happen. >> it is a very interesting

situation with those trigger warnings. >> he was a president many believed helped our country roach new heights and now planned to be a mountain peak that ronald reagan can't get off of the ground. take them on the way you have. live heliand take one a day. age? who cares. i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust.

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if you use ebay change your pass word. it was hit by a cyber got into database containing encrypted passwords earlier this year. ebay says there's no evidence of any financial or credit card information being stolen or any unauthorized activity. the company isn't saying how many of its 148 million users may have been affected. a plan to name a nevada mountain after president ronald reagan is proving ton an uphill battles.

backers forced to pick a different peak after years of dealing with political red tape. here's the latest obstacle. adam? >> it's all taking place on the outskirts of las vegas. they have a peak there that's unnamed. so some reagan supporters want to name the peak after president reagan. but as you mentioned, it's not been easy. it's been very difficult to cut through the red tape. it's led by a republican activist who's tried to cut through the red tape. it's the northernmost peak. it's 3, 952 peak above sea level. >> this opportunity to do something to give back in honor of the man who was so important to me and my political growing-up, i guess you could say, would be a really nice them for me to put a mt. reagan in my backyard here in las vegas. >> they originally targeted another peak but a democrat

intervened with legislation to name the exact same peak for a mostly forgotten state lawmaker from back in the 1950s. so he tried to find another way. he no longer went through the administrative process. instead, he has to get congress to pass legislation which means that even if it does pass the house, the mt. reagan bill would have to pass through harry reid's democratic senate. >> what harry reid and congresswoman titus are doing is very petty. it's northeast a congresswoman or a senator to do this. and it really explains a lot of the failures of the u.s. senate to pass a budget or work with the house over the last several years. >> he also thinks if it gets past harry reid that president obama would probably sign it into office because he would want a mountain named after him one day. >> could happen. adam, thank you.

new developments in the growing scandal over health care for america's veterans. president obama defending secretary shinseki today. what the house chairman has to say about this. okay, listen up! i'm re-workin' the menu.

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been great having you here. thank you for being here. here's gretchen. hi, everyone. starting with a fox news alert because we are awaiting for an announcement from house minority leader nancy pelosi. after she met this morning with house speaker john boehner on the select committee on benghazi, now she's expected to come to the podium to officially announce the addition of five democratic members to that select committee. they are going to join the seven republicans already involved with the house investigation. hi, everyone. gretchen carlson here. this is "the real story." she has reportedly tapped congressman elijah cummings, adam smith, adam schiff and congresswomen tammy duckworth, she is a veteran herself, and