the person i wanted to honor my frent asked me to honor james who was stilled in 1990. and he was the only guy his company lost. >> we are happy to remember them all. and thank you for watching today. and then happening now. >> and we begin with a fox news alert. rescue teams searching for survivors after a giant mud slide in colorado four miles long and 25z deep. >> an airplane turns in a war zone after both sides in ukraine collide. what this could men for the elected leader. >> the head of the catholic church about to leave the region that gave bishth to three religions. this is in tel aviv, we'll take

you back there for the end of pope francis's historic middle east visit as he boards a plane headed back to rome. >> new developments . welcome to a new hour of happening now. and deep mental issues. he stabbed three roommates to death before terrorizing the small town shooting at rampage. and he took his own life. outside of the sorority house and one of the crime keeps in california. some people had concerns that rodger might have mental issues, claudia? >> that's right, john. it is not too surprising. we haven't found many people who anyhow elliott rodgers.

he lived here about a year and by all accounts it was an angry and lonely existence. and an absolute refusal. and one neighbor who did not want to be identified, he had a premonition that elliott might do something violent. he tried to comfort his neighbor after a fight and angrily threatened their lives. >> i remember that statement he made, and i mean, it is like talking for a long time. he was's troubled kid. research it is a couple of months and honestly, there is nothing anybody can do. >> and along with the six innocent students who died. 13 others were wounded in friday night's attack and five of those victims remain hospitalized and

john, we are told that the rest of the victims are are expected to be okay. >> that is the good news in an awful story otherwise. >> what are the details in the investigation here? >> boxing of evidence were collected. an hour and half away from here from the home of elliott rodgers parents who were divorced. they were seen hauling the documents away. and from his mother's house in west hills, and both suburbs of los angeles. and a close family friend said rodger's parents were aware of the chilling manifesto. and they immediately raced up to santa barbara and frantic their son may carry out the deadly threats. and his parents heard reports of a mass shooting and called 911 and their worst fears were confirmed. the gunman's parents are in

selugz, they are understandably devastated. here in alta visita makeshift memorials ten in all. including the sorority where three girls were shot. two of them fatally. the chancellor said the class are cancelled and the day should be one of mourning. thank you. pope francis is wrapping up the pilgrimmage to the holy land and preparing to leave after a three day visit. he visited some of the most memorial and moving sites in israel. his tour of the middle east is not without controversy. they are live in jerusalem.

>> reporter: it is three days here, and there was controversy. and this was billed as a religious tour to meet with the head of the orthodox church here in the the holy land and it turned political, with advisors saying it was not supposed to be that way. and the pontiff dove headfirst in the politics in the middle east. he met with palestinian president a bas. and they say the situation was unacceptable. and then while driving to bethlehem. the pontiff made a surprising stop in the security wall, getting out of his car and messing his head and closed his eyes and prayed. and later he invited a bas to pray. it is it a meeting unlikely to

jump-start the peace negotiations. but he visited today jerusalem's sacred sites and praying in the western wall and visiting the holocaust memorial. he prayed for the victims in each location. francis acknowledged the suffering of jews and israeli victims and victims of palestinians and the palestinian suffering. it is a bold move and something that we have seen out of pope francis for a year, julie. >> thank you very much. we'll look at what is important about the pope's visit. and the guest's surprising developments to come out of the historic trip, jon.

>> on memorial day president obama laid a wreath in the tomb of the unknown soldier. you might have caught it in the first hour of happening now. the president returning home after a surprise visit to afghanistan. and wendall has more. looking at the president's trip to afghanistan and through the lens of the veteran's administration scandal. it hid the amount of time they were waiting for medical care. there is no scandal between the trip and mr. obama referenced the troubles. it is a commencement address on wednesday and a trip to europe

and dress the people of poland as well. and yesterday, the president looked at the end of the year and most of the 33,000 servicemen and women will be coming home and vowed to end the war in a responsible way. and both candidates in the run off election for president promised to implement the agreement to keep some u.s. soldiers. and that is an agreement that hammid karzi backed out of. mr. obama will discuss how they will use all of the tools in the foreign policy arsennal without over reaching. it was made public by those who gave their all and touched on the scandal and veterans still living. >> we have been reminded we must insure our veterans get the

benefits and opportunities that they earned and deserved. these americans have done their duty. they ask nothing more than the count row does ours now and deca des to come. and in the meantime resists calls to have shinseki step down. wendall, thanks. escalation of tension in ukraine one day after a crucial election, plus, the irs, making a big ruling on obama care and how the decision could affect every employer nationwide and cost them big. >> we want to know if you think that the united states does enough for our veterans. tweet me at julie bandaras. our live chat is up and running.

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>> right now tension escalating in ukraine. it is a don't ask airport to arm separatist. gunfire exchanged for helicopters. and it came one day after the presidential election and russia claims that it is ready to work with the new leader. greg alcott is with us live. >> the fight is going on in the airport and big and locks like it could be spreading and it spread today when 100 pro russia separatist stormed the airport. it all kicked off. this is what the camera map and entire fox news team saw and heard.

>> reporter: ukranian helicopters moving in to the airport seized by mill at that points much we are hearing gunfire and anti- aircraft and heavy machine guns and the air forces doing fly boys over the airports. -- by the airport. and the gunfire coming from over thereener the terminal. hunker down there. the fighting has continued and not over. kiev confirming they were staging air strikes against the rebels and using helicopters and fighter jets and a large plume of black smoke. ukranian troops were there and reenforcements were brought in militants were coming in bite bus load. there is a sign of skirmishing on the ground sign of it spreading to other areas.

this is a day after presidential elections here. the billionaire staulist won and pledged to work with moscow. julie? >> thank you so much, jon. a ruling made by the irs regarding obama care. the agency bans employers from dropping their own health insurance in order to dump employees on the obama care exchanges. companies could face fines topping 30,000 per worker per year. we'll talk about the reporter. this is a technique that would be workable and able now that we have national health insurance and they would be able to push employees on to the auchl auchl

care exchanges and save money that way. the irs said no, you can't do it. >> they are mchling this method and playing for them to give them a lump sum. the arizona ruled that companies can't do this anymore and there would be a onslaught of companies to create their own health insurance and that would be expensive. we'll pay a lump sum and it is tracks free. i think theires wants to avoid losing out on the tax revenue. this is different than the employer man date where large companies may just decide to pay the tax and let employees fend for themselves on the marketplace because it is still

less expensive than insuring all of the employees. there is that potential down the road. we are not avoiding employees dumped on the exchanges. is d scale, that the irs is trying to stop from happening on a large scale. >> all of the sudden, the irs smells tax revenue and they will change the rules in the middle of the engagement. companies have given their employees lump sum payments to help them buy health insurance and they were considered not taxable. >> what will happen now, a lot of employees doing this. and you would have loss of tax revenue and at this point, it is going to be tough for the companies. they are going to have to create and offer employee insurance that is expensive.

companies pay usually the bulk and the employee pay a percentage. it is a high cost or as you said a fine up to 364500 per employees. and that force them to lay off people. >> and did anybody think about this before you know, you know before we read the language of the bill that became obama care? >> this is a consequence of the health care law that manied health care law that we are realizing now. it is unfolding as the law is implemented and i think the companies that have this in place on a small scale was not doing much harm to the economy and the irs sees it as

a desirable alternative. and i think we are going to hear a outcry from the business community about this just because of the affect on small businesses. they do the most employing in this count row. it is small businesses that we depend on. >> and just to reiterate, they have been giving people to subsiddize their health care premiums and costs, a lot of those companies who had hoped they could just pay the people to go to obama care. you can't send them to exchanges and you have to continue and you will owe tax money. >> and here's what you are saying. if small company, if you don't have an employee melt insurance

pay for year. and this man date is coming and the polices will have to be in place. don't hand them a lump sum and send them out in the marketplace. it is a lot more expensive and that's where you will see trouble for small businesses. >> as nancy pelosi said they passed the bill and then find out what is in it. susan, from the washington examiner, thank you. a ridge turning into a mountain of mud and rocks searching for miles. the desprays search for survivors. and pope francis wrapping up his visit in the holy lapd. his message to israel and the palestinians, and what our next guest said was the biggest development to come out of the

historic trip. and wounded warriors reflecting on what memorial day means to them. dover reed, memorial day reminds him of the price of freedom and a time to honor all of those who gave their lives. you can read his and our nations and more from wounded warriors in the fox news facebook page. >> memorial day, it is about their service and sacrifice. work hard for you, give them the edge they deserve... new edge, from osteo bi-flex with joint shield helps strengthen your joints.° it works as hard for your joints, as they do for you. get the added benefits... of joint & muscle, and joint & energy. new edge from osteo bi-flex, so you're always ready for action.

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>> right now a desperate search. in a town about 40 miles east of

grand junction. witnesses reported hearing about a freight train. it is estimated to be four miles long and two miles wide and 250 deep in places. no structured and major roads were affected. this area had heavy rain. we'll follow the developing story and bring you the latest. pop francis is preparing to leave. and jesus is thought to have held the last summer. and the pope stepped in conflict by inviting leaders to visit and pray for peace. both sides accepted the invitation. and a fox news contributor, i suppose if you are the pope and wayed in that thorny region

nothing can be easy. and i know the controversy. started from the beginning and went first to beth leam under palestinian control. >> the pope flew from jordan from held to bethlehem. and he performed a mass there and went and saw the separate wall. and israelis call the security wall and he had a photoopand that was the first headline. today he provided different headlines on the israeli side. >> what was the most important part for the israelis? what do they hope the pope would deliver? >> reporter: three things

quickly, one that he did not participate in the palestinianest to turn israel in a piria h state. he came here and is it is important. and the he went to the tomb of the founder of modern zionism. the pope years ago said he would not support them. and the only way he would support jous to going to the holy land would be if they converted to crestianity. so going to that tomb was a major gesture and the third thing he proposed was shimmon perez and a bas joan him in rome for a prayer meeting and both of them accepted that went over well here. >> perez position is mostly

ceremonial and not really a policy maker is he? >> reporter: no, and i think the envyitation within over well with israel but not with prime minister netanyahu who is not invited to that gathering. the pope and president perez have a long and warm relationship and i think perez resigning and leaving office after seven years and in a way kind of a gesture to perez by the pope. >> he called for a palestinian state. how did that go over with the israelis? >> reporter: it is not a problem, he talked in bethlehem and two states and two people and he department delineate where but obviously in the west bank and that is official israeli policy and. so it is not a cop troversial

statement. the devil so to speak is in the details. even with the pope, always the devil and details and he went in a general policy. >> we showed the pontiff descending the stairs and he's on the way to rome, but did he accomplish what he set out to do. and set back the peace process? >> no, it is a good visit. he is the fourth pope that visited israel including a third in a row. john pall had a good visit. and pope benedict, he served in the german army was not so well received. he was well received but not with the same warmth. this pope has restored i would

say the image of the papase in israel. people saw him as someone who happens this country and sympathetic and who is a friend. i think that is an important contribution to whatever the vatican can do. >> thank you. >> reporter: thank you. new information about the mental progresses that plagued the gun men. do the families have recourse. our legal panel will weigh in. a mud a new scandal, obtaining private health care. we have a growing reaction, next. fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief

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>> as we honor our nation's heroes on memorial day there is new reaction on the growing standal of department veteran's affairs. eric shinseki will allow more veterans in the hospitals. and jennifer griffin has more. >> and john, for the first time since the va scandal broke. joe biden addressed the mounting va scandal. >> it is i sacred obligation and

we are behind right now. the va is having problems and we need to get to the bottom of it. >> the administration is going to allow more vets to get needs met by the sector. congress passed rules as part of the milwaukee health care and if there were back logs and yet they didn't enform vets of those rights. >> i think it is going to be helpful and also a step that could have been put in place years ago. the providing anyone the access to private health care is a no brainer to me. >> 26 va facilities are in investigation in nine separate

states. they called for eric holder to investigate the case that led to veteran deaths. >> i've urged the president privately and publicly to request and involve the department of justice. we are talking about evidence. specific and credible of wrongdoing. >> republicans are calling for the va to be privatized. and the largest budget. such a move would be difficult. >> thank you. >>s we learn about the ram age. partners and doctor of elliott rodger sounded alarm bells over the threats of violence and mother called police to perform a welfare check on rodgers.

and so the mother obviously her hands were tied. her child is not a child but adult. it leaves it in the hands of the therapist. do you believe that the therapist has liability here? >> there might be civil liability. it doesn't believe that the therapist acted quickly enough. i don't know how long the relationship was between rodger and the therapist. the therapist thought enough to breach the confidentiality when a crime is imminent. did he do it fast enough? the families of the victims could receive compensation from the therapist. >> they said the authorities missed important clues. do you believe that they have

any recourse here? >> the bigger problem is that law enforcement is ill equipped to handle the situation. and i think it led to the situation on the top and receiving red flag and they seemed to be going about the visit. and it did follow-up on the red flag. >> jana, police had three encounters. and one arrived on the door and went upon inside they would have found weapons and manifesto. can police be held accountable for not pushing further? >> again, it is a sticky situation. they might be. you show up because of someone,

his parents called in awe welfare check and you let a 22-year-old kid shoo you away. they could have found he was a gun owner. hey, let's do a criminal back check or registration before we get there. and so the 22-year-old can't say it is fine. >> can they do that, he was never arrested. that is the only background. and diana. obviously there was nothing that the partnents can do. and what should the police have done? >> i think the problem is deeper. it needs to be training in the apartment and academy. and how to deal with mentally

ill individuals and factors and signals that they need to look for and things to be aware of. and especially in a situation like this when they are brought to the attention of an individual. they would need a search warrant. if they kept watch on him and had training on what to look for. prevent the behavior by watching him closer. >> and thank you ladies very much. and there is unprecedented surge of far right and anti- eu parties that sweep to power. and hi, john. the european union is not going away and the voters voting for

the law makers voiced a lot of dissatisfaction and over the immigration that comes with the european. and now the parliment isdom napted by parties that are jon, against the european union and london's mayor johnson said the protest parties are marching on brussels with pitchforks. an interesting note most part they voted against the party in power. in france, far right national front party got more votes than the other party and trouncing the president's socialist party. in grease there is a bail out. and initily was the only party that gave thumbs up and that is important in the big picture of

europe. italy's new prime minister is reformist and wants to modernize the bureaucracy. britain had a strong rejection of the eu and want national election for the first time in a hundred years. so all of this is interesting. the european union is not imploding, but the results of the election for the parliment were a wake- up call that citizens would like more pour in their own hands and frankly, the european markets reacted well to this today. >> interesting. amy, thank you. >> and it is the unofficial start of summer and that means swimsuit season and all of the diet and exercise fads, how do know which ones give you results. the doctor is in to help cut through the fitness craze. >> and politicians going too

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>> one law maker in australia may have tried too hard to make a point. he was giving a speech about security when he pulled out a fake pipe bomb startling the people who didn't know it was a fake. >> we have questions. >> so have you expressed your concern. >> we just hope you are not doing anything illegal. >> thankfully he had warned the

federal police commissioner that the stunt was coming. >> it is hearing that he wanted to display and he told me and i was not concerned. and it was not clear enough and he told me that about before hand. >> and visitors don't go through metal detectors and because of budget cuts. >> and hide under light layers of clothing and spring left many of us less than happy. it is cross fit to pole dancing and juice cleanses. i don't know about the poll dancing, but they are having us looking and feeling great. how do we know it works. >> healthy living specialist. i don't if they drop 30 pounds.

in a reality they are no better than 50 years ago and developed to keep our attention and get us in the door, right. >> that's right. the trend is to get you in the door. and in reality. you can do the same thing you have done for the last 20 or 50 years. that is exercising and increasing in intensity and giving it your all. >> what is the secret? >> you have to have a basic exercise program that you will do. if they haven't exercised for a while find a trainer that you want to look like and clients and deputy to the trainer and get a routine down and learn the exercises and improve your whole body. you will do that and increase your intensity.

and people blame they don't have the time and that's where the commercials get you. is there a quick fix. you will get fixed in a short amount of time. can you believe any of that stuff? >> no, it is ridiculous. and that's what they are doing. that comes the science. and you and i both know that is not going to work. we have to go and give 45 minutes. my weight has fluxated and two kids did not help. i speak from experience when you say you cut down calories and cut down portion control. i haven't exercised in months and i did lose the weight. if you are too lazy and don't have time, you have to eat right. >> you can't out exercise bad

nutrition and portion control is important. but i also think and the ladies that put themselves on a 1200 calorie diet and all high cashe carbs are not doing themselves a favor. they're stimulating their insurance lit, making it impossible to lose weight and they're miserable. those are yo-yoers. >> yeah. i'm one of them. dr. paul thompson. have you ever tried pole dancing, john? >> no, that doesn't sound like something i would be -- >> i know you are very athletic. i have not. >> i like the bicycle. it is my preferred -- >> the bicycle. yeah. that's good. safe. >> mostly. we remember our nation's servicemen and women today. but there is growing controversy over one special way to honor our fallen heroes. we're talking about the cemetery flyover. and our wounded warriors sharing their special stories about memorial day. nick bennett nearly died from a

rocket attack in iraq. he remembers attending mem wral day events with his grandfather, a submarine veteran from world war ii. you can read his story and many more by heading to facebook.c / facebook.com/foxnews. memorial day. it is about their service and sacrifice. a bike that honored those who serve our country. and geico gave me that opportunity. now naturally, wanted it to be powerful, innovative and we built this bike as a tribute to those who are serving, those who have served and their families. and i think we nailed it. geico. proudly serving the military for over 75 years. is is mike. his long race day starts with back pain... ...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines"

as we continue to mark this memorial day, there is growing controversy now over the limit on the aerial tributes at arlington national secretary that are supposed to honor our fallen heroes. >> reporter: afternoon.

you'd be hard-pressed to find a marine aviator with war time experiences to rival those of this world war ii vet who flew off the u."uss franklin" until 1945 when it was struck by japanese bombs. over 00 men died in that attack. though ravaged by fire and taking on water the crew kept "the franklin" afloat. it made it back to new york harbor under its own harbor from half-way around the world. he died last august. his family wanted a missing man formation flyover at arlington national cemetery. >> we asked permission. we were denied a flyover by the department of defense claiming concerns. >> as a part of sequestration and budget cuts, dod ended "all aerial demonstrations," including flyovers, jump team demonstrations and air shows. there was a caveat in a memo -- flyovers in support of military

funerals would be given special consideration. but a private group warrior aviation filled in the gap for the family, as well as for other families honoring the memories of military pilots. >> and so being a part of this is an honor for me and it helps me feel like i'm giving back as a retired general. >> warrior aviation cannot honor all of those requests. fuel costs alone can run as high as $20,000 permission. that doesn't include the wear and tear on the aircraft and man hours of getting overflight permission from all of the various government agencies involved. but the overflights have indeed provided an emotional and fitting tribute to the memories of a lot of american heroes. >> that is a great program that those veterans undertake when they do that voluntarily. the memorial day parade getting under way in washington,

d.c. we'll have more live coverage of this special day as our tribute to america's fallen heroes continues. okay, listen up! i'm re-workin' the menu.

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and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. a solemn day of remembrance as america honors its fallen heroes on this memorial day. the national parade just getting under way in our nation's capital. we'll take you live along the parade route. and the coast guard showing how it is done. we are live at the "uss intrepid" for a demonstration of how these brave men and women work nard rouhard in rough condo save lives. why this guy's frustration over bicyclists landed him in jail. >> look right there. i want to run him in the ditch. look at him. look at him. ride your little bicycle! >> but first -- we're going to go to the national memorial day parade just kicking off in our nation's capital as hundreds of our

troops march today along with heroes and veterans from wars long past. welcome to a new hour of "happening now." leading the parade is one of those heroes. lieutenant colonel richard e. cole. the co-pilot during the so-called do-little raid that started america's retaliation against the japanese. and launched our involve. in world war ii following the attack on pearl harbor in 1941. peter, what did the lieutenant colonel have to say? >> reporter: he says that a lot of world war ii veterans cannot be here today so even though it is uncomfortable for him to be singled out at an event like this as the grand marshall, he says he wanted to be here to honor his brothers in arms. it was amazing talking to him. now listen to him right here. >> i don't know if it is to

everybody like it is to me, but it is a bittersweet trip. yeah. i'm here but i can't tell you the guys that should be here, too. >> reporter: today there are veterans of every american conflict from world war ii to the war on terror represented in this parade that goes from 7th and constitution down to 17th and constitution. the whole way the streets are lined with people who are here to show their support, show their respects, for people who paid the ultimate price, protecting our freedom. >> it's john, peter. the va scandal. how big a shadow is that casting over today's events? >> reporter: john, memorial day is just all about remembering. so the organizers think that it is important especially this year to make sure that veterans who have passed on, but also veterans who are still alive in the united states and abroad are remembered, are thought of, and

gary sinise, the actor, he's very involved in events like this. he says this parade at this time with everything that's going on is a great chance to create awareness for the problems facing veterans. >> keeping awareness up about what our military actually does for us is very, very important. why would anyone care about helping a veteran out if they don't really know or understand what they go through? there is a big disconnect between the american people and its military. >> reporter: gary sinise was so excited to meet the grand marshall of that hero of world war ii, lawsuieutenant colonel . everyone is genuinely happy to be here. there are american flags everywhere you look. a huge one here suspended by two fire trucks. it is a wonderful event. organizers think one of the largest in the country this memorial day. >> certainly beautiful weather

for it, too, looks like, peter. >> reporter: not a cloud in the sky. >> that's nice. thanks. on this day when we honor the brave men an women who have paid and made the ultimate sacrifice for our country, there is continued growing concern about the treatment of our veterans. the scandal at va hospitals across the country now sparking calls from republicans and democrats for the justice department to investigate. listen. >> only the department of justice and the fbi have the resources, the expertise and the authority to do a prompt and effective criminal investigation of the secret waiting list, potential destruction of documents, falsify case of records ghb effect, the cooking of books and covering up that may have occurred. >> joining us now, a senior correspondent at the washington

examiner. david, the major problems at the va include hundreds of thousands of backed up claims, delayed care potentially leading to a reported 40 patient deaths. senator blumenthal says that only the department of justice and fbi have the resources to investigate. do you believe he'll get bipartisan support here? >> i thinkly thi lhe will. what i've noticed about this scandal, unlike others that have come up, you have real bipartisan interest and concern. usually what we find, whether or not the scandal is justified or not, since obama became president, is naturally republicans pounce and they attack, and democrats are very hesitant and they want to protect the president. in this case what we've seen are republicans acting deliberately, trying to, in a sense, not to look as though they are politicizing this. democrats in my view being a lot more aggressive in going after this. i think this is the kind of thing where you can see a lot more cooperation from both sides. >> here's the problem -- it lies

within the white house, according to critics. with prior controversy the administration's response is just not nearly aggressive enough. once again the president is being accused of relying on little bit kael allies to lead internal reviews without firing anyone. "at some point we have to stop studying and actually start action." senator blumenthal. why has it taken so long for the president to take action an why hasn't anyone been fired? >> this president has shown over time he doesn't like to fire people, he doesn't like to act rashly. the way he's handling the problems at the va are just like he's handled every other problem. he tells everybody that he's upset, he says he'll get to the bottom of it but he doesn't want to take any premature action or hold the wrong people accountable. especially with a situation like this it may not be good enough for voters or members of congress. this is what we will find out, i think. what you're seeing out of the white house is par for the course in terms of how they handle situations like this. >> should we expect to see a

more irate president or a more irate va secretary eric shinseki who says he wouldn't resign but so far hasn't taken any responsibility for the problems in the va. >> this is going to get higher up and closer to the president than maybe some people think it is. getting mad and freaking out and screaming on tv makes people feel good at first but it is really not going to solve the problem. i do think that it would be from a political standpoint helpful for him to fire somebody, to say that he went in there personally and did something to try to take corrective action. even though it is not in his nature. even though he likes to let investigations run their course. and that's served him pretty well if you look at previous scandals whether it is the irs or other things. they've sort of become a partisan issue and not a widespread thing where everybody is so upset on both sides. but in this case, veterans tend to blur all partisan lines.

i think they will keep uncovering facts and it would be helpful. but at this point i think the president is waiting to see what he finds out and only time will tell whether people actually hold him accountable just as a matter -- or whether they just hold his subordinates accountable because voters have to understand that it is a big government and that the president -- >> there needs to be accountability. the president promises there will be. we'll have to wait and see next month once that report comes out. real quick, i wanted to reach out to you at home. many of you have tweeted me about whether we believe that we do enough for our veterans in this country. we asked people to chime in online and on twitter. brian nelson writes -- dad spent 4 1/2 years in world war ii, was hit by a mine. came back with permanent injuries. took a while but the va did a lot for him. that's one. as we pay tribute. memorial day. it is about their service and

sacrifice. >> paying tribute to our fallen heroes today, we are getting an you up-close look at some of the dangerous work our military does. a chopper lowering a diver into the water as the coast guard puts on a live demonstration in new york city showcasing its search and rescue tactics at sea. the coast guard carries out some 20,000 missions like this every year saving thousands of lives. leah gabriel is live on the hudson river with more on that story. leah. >> reporter: i'm on a coast guard patrol boat right now. this is the kind of boat you want to be on if you ever find yourself in trouble in the water. it is the kind of boat you want to see or you want to see what's right behind me right now. this coast he guard helicopter. they're doing a search and rescue mission demonstration here right off of the "intrepid" in new york city. i'm standing with coast guard pilot lieutenant nick lighter.

what are we seeing here? >> right now we're seeing an mh-65 dolphin helicopter from coast guard air station new jersey. today's crew will be doing a rescue of a simulated boater in distress. right now there is a simulated survivor in the water. it is important to advertise that he's floating. in an actual emergency a boater may not have time to put on a life jacket so it is important that boaters wear their life jackets. >> what you've just seen is the diver jump from the helicopter, can you explain what you're doing as a pilot as the diver -- as the rescue swimmer is swimming towards the victim? >> he just did what we call a free fall deployment. where he jumps out of the helicopter from an altitude of approximately 15 feet. swims over to the survivor, prepares them to be recovered together into the helicopter. >> for you as the pilot, as you are dropping the rescue swimmer down and as are you lifting them back up, tell me about some of the challenges that you face. >> when we're directly over the survivor or swimmer we cannot

actually see them. we're working together as a team to maintain position as the pilot is up front and the flight mechanic is keeping eyes on the swimmer for us and giving us commands to help us stay in the exact position that we need to be in. it is really a team effort. we just saw some orange smoke. that is one of the methods boaters can use to get the attention of the helicopter as they're searching for them. >> this is great to see. what you're seeing is the search and rescue swimmer is going to be quickly hoisted up with the victim in to the helicopter. thank you so much for being here with us today and showing us what the coast guard does. back to you. >> ghost caoast guard does grea work. thousands of people alive today because of that service. thank you. big news on the jobs front. lowdown on the top ten industries that are hiring right now. some news you can use up. plus, president obama back state side after making a

surprise visit to our troops in afghanistan. what he said about the mission over there and the va scandal here at home. new details about the man behind the killing spree in a college town. what he sent to his parents and therapist right before the bloodbath and why he wasn't stopped in time. >> i was thinking i had just walked by here. you never think that that's going to happen in your own town. i

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says the shooting does not appear to have been random. police are trying to piece together the background and mental history of 22-year-old elliot rodger who they say laujed the horrific weekend killing spree in isla vista, california near the university of santa barbara. the son after hollywood director had been characterized months before the attacks as mentally disturbed airing his hatred for humanity in disturbing youtube videos and also a chilling 140-page manifest toe. cou could anything have been done to prevent his deadly rampage? a former d.c. homicide dekter and fox news center joins us. what a lot of people are shaking their heads about right now is the fact his family asked for a welfare check on him. they sent seven police officers to his house back in april and found nothing.

why? >> well, there's a reason for that. let me first of all say, just so viewers understand, a wellness check and welfare check is exactly the same thing. just depends on what part of the country you're in. i've been on dozens of these welfare checks for the same reason, checking on someone's mental stability. what happens is this -- this is the real deal. we get these calls. we go out to the home. if the individual that's the complaint's been made about meets us outside of their home, there is no legal reason for law enforcement to actually enter into their home unless the person gives you a consent to search. unless will is some indication that this person is potentially hostile or violent, then the police will not do a search. 9 times out of 10 the reality is, we'll talk to a person. if they appear to be cool, calm and collected, then we'll go ahead and leave, then advise the family members that they need to follow up with the person's mental physician. >> there were seven officers

involved. this took place just about three weeks ago. seven officers involved and they stayed outside his house. is there no requirement, no normal m.o. that they go inside? because if they had, they might have seen some of the weaponry that he had assembled. >> well, they probably would have. you know what's really interesting to me after reading this 141-page manifesto that was written by rodger, he was very clear and he knew that he did not want the police to go inside of his house because of what they could have seen. he actually talked about that in his video on youtube. the other thing is this. this is so important. if you look at this video on youtube of this guy, kind of seems scripted, notice how cool and calm he is in that. that's the same demeanor that he used when the police went to his house. i can clearly see why the police left and didn't search his home. now real quickly, one of the tactics that i would use on the street, i would tell an individual like this that, i need to go in and take a look at

his medication and write it down, the names of the medications. that would get me into the home. once we're in the home then we can see what else is going on. but all police officers don't use that tactic. >> again we've got a situation where there's been a mass killing an everybody's saying i knew he was kind of off, i knew there were problems. >> right. >> but nothing happened ahead of time to shut this guy down. >> well, you know it really falls on two people real quickly here. it falls on his mental health practitioner and it falls on his family, him being rodger's family. they have to do what they have to do in terms of getting a probate warrant. that's the only way that the police can legally take this guy into custody. >> rod wheeler, former d.c. homicide detective. rod, thank you. so are you one of the many out there looking for a job? want to know what the top ten industry hiring right now might be? stay tuned. we'll tell you. plus a violent start to the holiday as a gunman threatens a driver on a mega bus and shots rang out. the latest details coming up.

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right now, some big stories happening overseas. a farewell ceremony for pope francis in tel aviv as he ends a three-day trip to the holyland departing now for rome. israeli and palestinian leaders accepting the pope's invitation to meet with him at the vatican. while in israel, pope francis honoring victims of the holocaust rekindling the eternal flame at this memorial in jerusalem. the pope also kissing the hands of holocaust survivors and listening to their stories. meanwhile, a search for victims in india after a commuter train collides with a park freight train killing at least 40 people. police say many of the victims were poor farm workers. and in china, this life

sized replica of the great sphinx will be torn down after egypt complained the statue harmed its culture heritage. it had been built as a movie set, then became a tourist destination. many americans, as you know, are still struggling to find work for those looking for a job, here are some of the industries hiring right now. topping the list, business services. information technology. and manufacturing. joining us now, ari zolan, ceo of quantum networks, a new york-based e-commerce company. it is a company you built yourself. >> yeah. >> so you know something about hiring and about giving -- creating jobs. >> a little bit. yeah. i've been doing it for a bunch of years right now. >> you think that things are turning around after this long, long dry spell we've had in the job market? >> i think so. i think it is still very, very har for some specific demographics. we spoke about earlier the older demographic, people in their 50s

and 60s are still having a tough time. >> sure. but recent college graduates with having a tough time as well. >> definitely. but it's been a lot easier especially in the i.t. and tech sector. that is always a hot area. >> those are places where people are hiring? >> i.t., tech, accounting seems to be strong. business services, also. >> i was surprised that manufacturing is on the list because to hear some tell it, manufacturing has pretty much dried up in this country. >> right. so if manufacturing is starting to pick up, then obviously you're going to start see an increase in the other industries as well. >> other top industries hiring -- had health care, finance and retail. >> it's pretty shocking especially when you mention the word retail. but retail goes hand in hand to e-tail. people are going online and purchasing things. >> finance? >> finance also. shockingly, also, things are definitely moving up stream. >> health care is kind of a

perennial -- well, job market. the baby boomers are aging. the population is getting older and we'll all need health care. >> right. that's only going to grow. what's interesting also is we talk about the data that's all there, people can take that data and figure out what markets are hot, what positions are hot. they can actually start targeting them. >> couple other areas that are hiring, accounting and legal. pretty standard stuff in the world of business. construction, repair and maintenance. number nine on the list, media. finally, restaurants, bars and food services. that's kind of an employer of last resort for a lot of people. >> i think so. especially coming out of really good colleges and post-graduate schools. if they can't go into investment banking, typically to make ends meet they'll get a job as a restaurant employee. >> what's your number one rule

for somebody looking for work right now? >> you got to keep going. got to go on -- persistence and patience. the two "ps." >> ari zoldan from quantum networks, thank you. president obama pledging a "responsible end" to america's presence in afghanistan during his surprise visit to the country this weekend. earlier today the president gave remarks at arlington national cemetery but failed to acknowledge one prominent cabinet member who wasn't. what's got some democrats worried about a potential 2016 hillary clinton presidential bid? we'll debate that next. ugh. hea. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

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of great-tasting ensure. 24 vitamins and minerals, antioxidants, and 9 grams of protein. [ bottle ] ensure®. nutrition inharge™. fresh off his surprise trip to visit our troops in afghanistan, president obama led the nation in remembering our war heroes and a memorial day tribute at arlington national cemetery. president making remarks, as he does, every year. but while he mentioned va secretary eric shinseki last year, this year he did not. senior white house foreign affairs correspondent wendell bowler is live at the white house. >> reporter: noting president obama didn't mention eric shinseki is an indication all of his appearances as commander in chief are being seen through the lens of the va's struggles and the fact that some facilities hid how long it was taking. president said today at

arlington national secretary the country must do more to ensure that veterans and their families get the care and benefits they deserve. >> everything that we hold precious in this country was made possible by americans who gave their all. and because of them, our nation is stronger, safer, and will always remain a shining beacon of freedom for the rest of the world. >> yesterday mr. obama joked that he was in the neighborhood of bagram airbase and thought he'd drop by. the secret service sneaked him out of the white house for an overnight flight to afghanistan. he thanked the troops for their sacrifice and in a meeting with u.s. military commanders said we'll know soon if some of the 33,000 servicemen and women in afghanistan right now will stay behind to preserve the gains the others fought for. >> i'm going to have to make some decisions in conjunction with the folks on the ground about how we manage transition not just through the end of this

year but post-2014. we'll probably be announcing some decisions fairly shortly but i thought it was important for me to make sure that i checked in directly with folks face to face before those decisions were finally made. >> reporter: this would mark the start of a series of appearances in which the president will lay out his foreign policy agenda. aides say the end of the war in afghanistan will mark a turning back in that policy. wednesday in a commencement address at west point, they say the president will discuss how the u.s. will use all the tools in our arsenal without overreaching. >> thank you so much, wendell. new concerns in some circles about hillary clinton and her presidential plans. some democrats are now looking to push her to the left politically. they fear that her wealth and the appearance at least of wall street friendly centrism could damage her chances of being seen

on behalf of working class america. david welcome to you both. richard, are you one of those that thinks that hillary clinton need to go farther left if she wants to be the democratic nominee? >> not at all. here's why. as you know, once the primary starts happening and other candidates are out there, they sort of push the whole field to the left where the whole thing would happen on the right as people begin to talk about various issues that affect the populous and poverty in america. i think it is too early to tell whether or not hillary clinton is truly "progressive" enough. >> she gets $200,000 a speech, david. how can she sell herself as a champion of the little guy, the core democratic blue-collar voter when she's a very wealthy woman? >> if hillary clinton were going to be the nominee it would have happened in 2008. the democrats have no history. in fact, they often -- every

time -- have nominated the candidate that they fall in love with. they don't give back to repeat candidates from the past who have failed. think about this. barack obama had been serving in the u.s. senate all of four months before he ran for president in 2008 when she was the unbeatable front-runner. no one can take her on. no one can defeat her. he won the hearts of democratic primary voters. so who knows who it is going to be in 2016. >> it sounds like you think it is not going to be her? >> it is not going to be hillary clinton. in fact, i would offer to you she's not going to run. there are many ways to be active and effective. i think you look at what mike mccurry said, it is great insight to the clinton thinking. that, if nothing else, the clintons are very practical. they know history is against them. but she hasp many ways to be effective in championing the causes that she wants.

mike mentioned the work she's doing through the clinton foundation that she gets to do with her husband, bill, and their daughter, chelsea. mrs. clinton can be helpful on issues she cares about. it doesn't have to be running for president because she knows there's no history of failed past democratic candidates getting the nomination. >> admittedly running for president is grueling. richard, what do you think about what david said there? >> i think there's some truth to his argument that yes, hillary clinton and the clintons can continue to be an influential force when it comes to ending poft a poverty and doing all the work with the clinton global initiative. whether she chooses to run or not, i think she has a very, very good shot of winning. two reasons. first, she's spend so much time now invested in the community. beyond that she has a plethora of foreign policy experience. makes her a prime candidate going into the changing guy yo political climate. two, i think her -- from when she was the first lady of arkansas to now, what we've

always seen from hillary clinton is a dedication to children, making sure folks get health care, a dedication to making sure the middle class stays alive and well here in america. if she continues to do those two things, she'll be the prime candidate. >> may not need to move her politician at all should she run. a big "if." thank you both. frantic moments for passengers on a mega bus when the gunman confronts the driver in downtown columbus, ohio. police were called and officers hoped fire hitting the gunman but also one of the passengers. both of them taken to the hospital in stable condition. no one else reported hurt. the bomb squad was also called out to investigate a suspicious package on that bus which turned out to be safe. let's check in now with harris faulkner. she's up next hour reporting live from the fox news desk.

>> thank you. we have a very fitting guest on this memorial day. a man whose bravery helped inspire "black hawk down." he'll tell you about a campaign to honor all the men and women who sacrificed so much for this great nation. the project is called #le did the flagicarried. a way for veterans to tell the story of the american flags that soldiers traditionally carried into battle. each one of those flags has its own story of bravery and sacrifice. i'll talk with a retired first sergeant about the project and how all of us can now get involved. back to you. >> thanks. look forward to that. four servicemen from the united tribe of native americans honored for their indispensable role as code talkers during world war ii. r they all relaid crucial military information via radio in their language using its words for military terms such as turtle for tank. the four men were recognized by

congress in 2013. this weekend their community honored them posthumously in front of the united nations veterans memorial in green bay, wisconsin. >> many battles in the war may have been lost without the support of the code talkers whose code was never broken. >> some of them took the secret to their graves. the code talkers had been sworn to secrecy just in case their services were ever needed again. we're just days away from the launch of a new mission to the international space station. the russian soyuz spacecraft now being creep being prepared for launch in kazakhstan. two that nasa, the others from russia and europe. lift-off is scheduled for early thursday. it is one way to get out of a ticket. how this pole and the camera

attached to it ended up in this guy's truck. plus, police say this guy got so fed up with cyclists on the road, he took to youtube to vent about it. now his online road rage has him under arrest. >> can't nobody make it to work because you got this little piece of crap, bullcrap. oh, lord, good, lord, have mercy. this is interesting. it says here that a woman's sex drive increases the age of 80.

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hurricane amanda losing steam off mexico's west coast. but not before becoming the strongest pacific hurricane ever recorded in may. the storm expected to break up this week. donald levine, the man behind g.i. joe has died. he lost his battle with cancer at the age of 86. he came up with the idea of the action figure back in the '60s.

baby boomers may have the life experience but the millennials are taking over. there are now more early 20-somethings in the u.s. than any other age group. first time since 1947 that baby boom verse not held that title. watch out on your next post online. because it could land you in prison like this guy. an alabama man put in a cell after posting a video threatening to slam into cyclists. listen. >> watch this. that scare you, boy? get your pedaling butt off the road! god, i hate bicycles! >> how about getting that guyñ off the road? he's now taken down the videos instead leaving a new post saying, "i want to publicly apologize to all people that i

have offended over those absolute stupid videos that i posted. anybody who knows me knows that i would never intentionally ever intentionally hurt anyone. i am truly sorry for anyone i may have offended and please, everyone share the road and be very aware of bicycle riders everywhere." yeah, okay. what made these posts so criminal? that's what we'll talk about now. judge kenneth del veccio, and steve alnext. judge, first, what makes these videos a criminal offense? >> as a former judge, if this case came in front of me i would actually toss it. the prosecutor didn't dismiss it on his own motion. >> why? >> look at the statute. he was charged under the reckless endanger. ment statute in alabama. statute basically one sentence -- reckless conduct that kree yatsz a substanticrea of serious injury. i don't think it meets any 1 of

throws 3 elements. >> steve, there is a lot of warnings out there, red flags in the video. we just heard this tragic story about 22-year-old elliot rodger who posted a youtube video threatening he wanted to go out and kill. a vehicle can be a deadly weapon and he's threatening to use it. >> 100%. and i respectfully disagree because there's foreseeable consequences, ie, someone getting hurt. >> or killed. >> 100%. that's where i think that there is a crime and this is very much a punishable offense. >> there is another video here i want to talk about. maybe you'll see it. he says see what i was talking about? look there. look right there. i ought to run him in the ditch. ride your little bicycle, he yells, as he passes the bicyclist. then this -- listen. >> car up here trying to make it to work. me trying to make it to work. can't nobody make it to work because you got this little piece of crap, bull crap -- oh, good lord, have mercy.

lord. cuss cuss. cuss cuss. >> at least he kept it clean and didn't cuss. i mean that's, to me, premeditated. had he actually hit that cyclist -- just let me play devil's advocate and you are a defense attorney and you find this video. you could say that's premeditated. say he hits that cyclist and he died. that's premeditated murder. no? >> he didn't actually hit the cyclist. >> but what if he had? >> criminal law is based on intent. mens rea. there's nothing here that indicates anything more than this guy is a jerk who was acting out of frustration and was doing something which is constitutionally protected -- talking. free speech. he has every right to say what he wanted to say but he didn't actually put anybody in substantial risk of serious physical injury. i'll tell you why. because his car just drives by them. he doesn't -- >> there is a foreseeable consequence on this particular occasion. no intent is actually required.

it is the consequences directly where he may have been a nuisance, let alone he posted it all over the web where you don't know if this guy is a lunatic. >> there is intent in this matter. why. because criminal law is graded purposeful knowledge, reckless behavior. this is recklessness. that's weighed against perceivable conduct. is it reasonably foreseeable by just driving by and yelling at him that they'll topple over and get serious physical injury? i don't see that. >> yes. he was charged appropriately. it was a misdemeanor. case closed. it is definitely an offense that needs to be punished. >> don't you think we'll look at these youtube videos more closely in light of what happened in california? >> that's what happens. witch hunts and crazes come out of this. any conduct where someone sounds like they are an idiot gets criminalized. you can't criminalize idiotic behavior. >> if you're going to run over a

cyclist and you hear him hit the gas. >> then there's no protected free speech here. >> terroristic threats require imminent danger is in place. >> if i put a youtube video out there at the new york marathon saying i'm going to do that, you think the cops won't arrest snee. >> they might wrongfully arrest you. >> they have every right to arrest me if i do something that stupid. >> you said you were going to plant the bomb and there were actions connected to it that show you were going to carry it out. >> there were actions. he directly said this and posted it. >> all he did was yell at the people. he didn't do anything. >> but the words alone to your point -- >> you can't wait for somebody to be killed before you take care of it. that's all the time i got. judge, i apologize, steve. i'd love to talk with you further. but i have to obey orders of my producer. >> as a frequent cyclist, i hope

his apology is sincere. even ducks could get road rage if they have to wait to cross the street. a wisconsin police officer stops traffic so this mother duck roa. the officer spotted the ducks trying to cross the very busy street and deaded to help them out. the deductions got across safely. some of his fellow officers are teasing him, buying him cupcakes with little ducks on them. some criminals are so dumb. how this guy tried to get away with a crime, taking the unmistakable evidence with him. and take you live to the national memorial day parade. that's next. new car! hey! [squeals] ♪ [ewh!] [baby crying] the great thing about a subaru is you don't have to put up with that new car smell for long.

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got to love this next one. a california man arrested after crashing into a traffic pole,

knocking a red light camera into the back of his truck. and then driving away from the scene with a little built of -- a little bit of evidence. the driver was pulled over two miles from the crash site to adjust a camera, and a witness took a photo of the driver which police say may have helped them make the arrest. >> the poll flipped over into the back of the -- the bed of the vehicle, and the vehicle sped off and actually stopped at the next light and turned the corner from there and took off jurick at least he stopped at the next light. that's good. officers found and arrested the driver at a friend's house as he was trying to get rid of the evidence. smart. >> the national memorial day parade now well underway in washington as america honors our fallen soldiers. but it's not just the procession that is commemorating our troops. there are many more festivities along the parade route.

we're live in washington. peter? >> reporter: we're standing here in the shadow of the national archives, where great american documents are showed every single day, for this national memorial day parade where great american heroes, everybody who laid down their lives in battle, fighting for the freedom we're guaranteed every day. and it's quite a site. a representative of every american conflict from world war ii to the war on terror, here, for this parade that starts at the corner of seventh and constitution. the area is filled with bands, uniforms, every branch of the military services is represented here today as well. everywhere you look, you -- 30 high school marching bands. everywhere you look you see american flags. the biggest one is just huge. here at seventh and constitution at the start of the parade route. it's suspended in the air by two

ladder fire trucks. the parade route goes down from here, outside the archives, ten blocks, straight down constitution, past the white house, and past thousands -- we don't have a crowd count but there are smiling people waving flags and clapping and saying thank you to everybody who laid down their lines. >> looks like a magnificent event. thank you. >> we pause to honor america's heroes. remembering those who made the ultimate sacrifice for our freedom and looking back at the history of this very special day. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

i don't always have timeh to eat like i should.. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes. [male announcer] glucerna... as we pause to honor our fallen heroes on this memorial day, we want to take a moment to reflect on -- began just after the civil war ended. back then called decoration day. a time to decorate the graves of fallen shoulders with flowers.

historians think this time of year was chosen but flowers would be in bloom. >> we want to thank you for joining us, and we thank our veterans for their selfless service to our country. >> i'm in today for shepard something i. we begin with a mass murder in california. word the attacker's parent raced to the scene to try to stop their son. too late. in colorado, desperate moments after an enormous mudslide came roaring down with people in its path. today, search for survivors. the chocolate billionaire, the new president elect of ukraine but can the candy man calm the crisis? and even as he talks peace, word of new air strikes in the region. also, honoring america's military veterans. one soldier asking vets to tell the