>> absolutely. >> leading the movement. >> it will be interesting on the couch for three hours. >> i would get out the nair today. >> absolutely. >> thank you for joining us. we'll be back here tomorrow, same time, same couch. >> eli manning tomorrow. five american soldiers dead in afghanistan in what the pentagon believes to be a friendly fire accident. the victims are thought to be special operations forces. if confirmed, this would be one of the deadliest friendly fire incidents since the beginning of the role. hillary clinton passing the buck on benghazi. in the middle of a media blitz for a new back to zpd she could have done anything differently. that answer in a moment. welcome to america's newsroom.

>> clinton speak with benghazi. she says the seriousness of the situation in benghazi wasser in brought her attention. >> i certainly would give anything on earth if this would never have happened. and i certainly would wish we had made some of the changes that came to our attention to make as a result of the investigation. but i also am clear in my own mind that we had a system, and that system of course ended with me. but i take responsibility, but i was not making security decisions. i think it would be a mistake for a secretary of state to sit and say let's go through all 270 posts and let me decide what should be done. that to me is inappropriate

where the experience and the expertise lies elsewhere. bill: byron, good morning to you. diane sawyer pushed her on this. how do you think she is answering this question? >> she is answering like she has answered all the along to deny all personal responsibility. she was asked if she personally missed an opportunity to prevent these deaths, she said no. she was asked if she failed to appreciate the nature and extent of the threat, then she said no. she uttered those classic words, i take responsibility but i was not making security decisions. this has been her decision all along that she as the person in charge of the state department bore no responsibility for what happened. bill: i take responsibility but i was not making security decisions. she'll be asked about that again because she is doing more

interviews. >> one thing you will hear a lot is that she cites the state department's accountability review board investigation into all of this which essentially absolves her. but we know the investigators never interviewed secretary clinton. so she is going to have an opportunity to tell the story that the accountability review board never asked her to tell. bill: she mentioned that on a couple of the interviews she has done so far. in the meantime will she testify at republican hearings? >> her answer to that was extraordinary. first this, watch. >> that's going to be up to the people running the hearing. we'll see what they decide to do, how they conduct themselves. but what i do not appreciate is politicizing this at the expense of four dead americans.

that's not what we used to do in this country. >> the answer from republicans will be there is this thing called a subpoena. if she issue one to her she should come testify. basically she said she'll have to wait and see if the committee lives up to some unspecified behavior before she would speak to them. i think they will have daifnt view of that. bill where she said when they left the white house they were dead broke. you know you have speaking fees and hour husband would get book deals. these advances for their books were in the multi millions of dollars. will some perceive that to be a gaffe? >> it goss over badly. the money wasn't just in the offing. it was already in handle.

in 1999 the democratic moneyman terry-mccaulive gave them $1.3 million to buy a house with and they could pay him back when they got more money which they did. mrs. clinton signed a $8 million book deal before they left the white house. but the larger issue of it being a gaffe, she said they needed money for mortgages and houses plural. she'll be explaining this one for quite a while. bill: this is very interesting all these interviews. thank you, byron. >> a closed door briefing getting underway as senators meet with pentagon officials on the taliban pricon -- the talibp that freed bowe bergdahl. many members are less than

pleased with the explanation they heard. >> we heard nothing but executions why they didn't come to congress. i think people probably are leaving there even more disappointed than they were. >> reporter: it sounds like you were. >> i expected something but i got nothing. they believe congress doesn't have a role to play here. >> mike emanuel is joining us live from capitol hill. what have we heard on this house briefing on the bergdahl swap. >> reporter: sources say 80-90 officials at white house, state department and pentagon and elsewhere were aware of the bergdahl swap while key members of congress were not told, a real slap in the face. we are told house democratic leader nancy pelosi stood up and testified the president's actions which members of

congress tell me is unprecedented and u.s. congressman gerald nadler compared the presence of the taliban to soldiers of the revolution. revolution. multiple members of the meeting told me it was a tough meetings. >> what about the swap and the fact it could hurt some of our afghan troops and civilians. >> reporter: i was told them drilled own on whether it could be a risk to our soldiers and american citizens. they were told it could be a risk after john kerry called them baloney and hinted americans and others would be closely monitoring. briefers acknowledges there

could be some risk and the briefings continued today object capitol hill. >> i know you will be staying on the story and briefing us as more information becomes available. bill: lawmakers was apparently told the president was not the one to pull the trigger on the swap. it was chuck hagel the defense secretary who made the call. one lawmaker says the secretary may be the fall guy here. listen. >> reporter: are you saying secretary hagel made this decision or was this the president of the use the? it was the president of the united states who came out with the bergdahls and took all the credit and now that there has been pushback he's moving away from it? i don't think so. bill: we'll talk to buck mckeon in just a second.

we are big hearing on hilt tomorrow. >> another terror attack at a training facility near the karachi airport. security forces are fighting back. no one is immediately claiming responsibility for the attack which comes two days after the taliban gunmen attacked the airport. 10 minutes past the hour. it's the scenario everyone was worried about. a major city in iraq falling into the hand of terrorists. there is a battle raging in the town of mosul. remember that location? >> terrorists suspected of kidnapping hundreds of schoolgirls in algeria striking again.

who boko haram targeted this time. bill: we are learning about 10s of thousands of american veterans who were never able to see a docker. >> the process should be if you don't do your job you get fired. instead at the va you get a bonus. we get to get to the issue and that's a culture of corruption. the lowest price book any flight or hotel and if you find it for less, we'll match it and give you 50 dollars off your next trip expedia, find yours

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uma: iraq's second largest city falling into the hands of terrorists. islamic militants driving iraqi security forces out of mosul. they seized the airport and took control of the provincial government. mosul is the capital of a northern iraqi province and is critical in the fight against al qaeda. bill: defense secretary chuck hagel will testify before house lawmakers tomorrow. he said he's the one who made the final call to swap five high-ranking guantanamo detainees for bowe bergdahl. who made the call?

was it the commander-in-chief or was it chuck hagel? >> i think when i first heard about it i saw the president with the bergdahls and television. i didn't see secretary hail. it sounded like it was a presidential program all the way. now that there has been pushback yesterday in our briefing, the briefers from the various departments were asked who made the final decision and they said secretary hagel. so i hope they are not just pushing him out to be a fall guy for this. we'll get a chance to talk to him. bill: you have been around a long time. what would make sense as to why they would answer it that way? >> i think there has been negative feedback and people see now that they are learning more about terrorists released from

guantanamo there is concern. we left iraq with no -- none of our troops left behind to make sure that kind of thing didn't happen. the plan is leaving troops behind in afghanistan. but by giving them back these high-ranging leaders of the taliban, they will be freed from qatar in a year and be able to enter the fight just as we are pulling out of it. and i think it puts the 9,800 troops of ours, the 5,000 from nato at greater risk than they would have been a couple weeks ago. bill: i think secretary kerry said that is baloney to characterize his comment. >> i hope he's right. but we note recidivism of the detainees released from guantanamo, 30% that we know of

have returned to the fight. i would probably guess that out of these 5 there will probably be 100% returning to the fight. they are very high ranging, very hard-core terrorists. one of them said i'm going back to afghanistan. i'm back in the fight. i would like to be assured that secretary kerry is right. i don't know what he's basing that on. >> especially for the people of afghanistan. bill: 10 days ago chuck hail. i signed off on the decision. the president made ultimate decision. they are in the rose garden together. >> i think people understand who made this decision. this goes right to the top. or maybe we don't know who is in charge of the white house. that's almost as unsettling as

thinking the president made the decision and now they are saying secretary hagel made the decision. i think they are parsing words worrying about who gets the blame if things really go bad. bill: that's interesting. what do you need to know based on what we have been told or what we think we know so far? >> last year we passed a law that because we have been concerned about their releasing these prisoners, these hard-core guys out of guantanamo. we passed a 51-2 and it was signed into law by the president that said that congress should get a 30-day notice before any prisoners are released from guantanamo. i didn't find out about this until i saw it on the news and then later received a letter from the secretary.

so it violated the law. bill: he can give an answer on that perhaps. but i'm reading 80-90 people within the administration knew about this. does the law give you the authority to stop such a transfer or do it give you a heads up it's about to happen? >> just a notification. he's still the commander-in-chief. he can do what he wants, with you in a briefing i had prior to the briefing yesterday last week they briefed staff and i attended that briefing. they brought up the fact they were concerned about a leak and a leak would jeopardize the whole thing and probably put sergeant bergdahl at morris can. yet as i -- at more risk. i tried to opinion them down on who knew about this before it took place they said quite a few, i said two? , no, more than that.

100? they said somewhere between 2-100. yesterday they said between 80-90. that's not good enough for me. in they don't know the name of every single person who knew about this, if a leak took place, if sergeant bergdahl had been killed, how would they go back and find out the leak in they think it's between 80-90 people. and the fact they had more trust in those people than an elected member of congress, it just kind of blows your mind. bill: i understand the point you are make and we'll be watching that hearing tomorrow. a lot of questions out there. sir, thank you for your time. uma: we are hearing the frantic 911 calls as witnesses describe

the horrific crash that put a comedian in critical condition. bill: a choice through the streets of hollywood. how police finally took count suspected gunman driving that car.

bill: a suspected gunman in custody after this armed standoff lasting hours in hollywood. a man leading in the police down california highways before tbrailg his car and running from police. schools forced to evacuate as the suspect climbed a roof. pointed a rifle at officers, eventually got down, hold up in a home until final giving up.

the s.w.a.t. team arresting a 44-year-old man who's now in custody. uma: nearly two dozen senators are calling for a criminal investigation as new evidence mounts of a coughup and waiting lists at va facilities. a report shows 57,000 veterans have been waiting three months for an appoint. and have never seen a doctor. >> it's systemic. the people that perpetrated the fraud on the taxpayers and the veterans of this country are still working today. they should be suspend. what kind of accountability is this department going to put on top of its people? uma: peter doocy is joining us

live from washington. lawmakers want the justice department involved. what can they do to make that happen. reporter: the fbi gets involved if the justice department takes the lead and that's what they want. they said the spreading and growing scale of apparent criminal wrongdoing is outpacing the sources of the ig. those lawmakers wrote that they appreciate the criminal investigation head up by the inspector general at the va but it's not enough. that inspector general gave us an update as to what he found so far last night. >> we found indication of some supervisors directing some of the methodologies to change the times. we have been in cushion with the department of justice concerning those and whether or not in the

opinion of the department of justice they rise to the level of criminal prosecution is still to be determined in most instances. >> reporter: the system-wide eight that inspired these senators to ask the attorney general for help found that 57,000-plus have been waiting for 3 months to see a doctor and another 64,000 haven't seen a doctor since enrolling for healthcare. they are giving the va a few weeks. across is when the attorney general was promising to wrap up their investigation. that's too far away. on the justice department had the resources to speed things up. a hearing on the house side of the hilt. lawmakers there were promising to prosecute. >> the committee, chairman miller, we'll get to the bottom

of this. we want those responsible for phoenix and other facilities to be held accountable. that means criminal prosecutions and we'll move with criminal prosecution. >> the 21 senators who wrote to holder made clear if he doesn't move quickly they believe veterans who need healthcare won't seek it out and others will lose even more trust in the system than they already have. bill: president obama facing questions about this leadership within his own party. there is a top democrat saying even they are quote done with the president. what's up with that? we'll tell you. uma: police releasing new video showing someone trying to blind a pilot with a laser. how cops busted that suspect.

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patrol in southern afghanistan with the mission of trying to secure the area before next week's presidential election. a senior official tells fox news the taliban attack that combined troops and they called in air support but instead of hitting the tall want american b-1 bomber hit the u.s. forces spellings operators. some afghan troops were killed as well. if that's true this would be one of the deadliest cases of friendly fire since the war began. bill: this is what you try to avoid. but things do happen in war. how common has it been in this war, connor? >> reporter: we have seen cases where friendly fire cases have happened. but they are not that common. they are somewhat common but not something that happens of day. in march there was another case

where five afghan troops are killed. civilian casualties has angers president hamid karzai. we have seen air strikes kill civilians and also afghan and american troops. but it's something that up s. commanders have tried to stop but they will refuse to give up air strikes completely. they try to limit the damage completely. conor powell in our middle east bureau. uma: the national journal is saying he's getting emails from top democrats writing, quote, in the 18 months since i began writing couples focused on the presidency, virtually every post has originated from

conversations with democrats. a democrat who helped lift barack obama's candidacy says he's bored and tired of being president and our party is paying the price. welcome to both of you, thanks for joining us today. let me begin with you. marianne, given the fact that we are hearing more and more about the democrats' discontent particularly the past couple weeks regarding the bergdahl situation. are you concerned there is a split happening at this point in democratic circles about the way they are responding to the white house? last week you had dianne feinstein breaking ranges saying the information about bergdahl's health was not credible. >> the reality is democrats need president will be and -- need

president obama and president obama needs democrats. sooner the democrats get out there and campaign on the fact they are the ones putting folks back to work and they are the ones making healthcare and college affordable for kid the better off they will be. uma: doesn't it seem difficult? a lot of democrats feel like they are being thrown under the bus given the fact they have had a number of issues backfire beginning with the healthcare rollout in recent months. added to that the va scandal. added to this the prisoner swap. what's the fallout from your perspective? >> there is complete detachment between the weiss white house an --between the white house ane democratic party. you have a president who has become an albatross to them. in the past year we have seen

democrats defect on issues. some democrats flee. energy policy. keystone. the endangered democrats were going he way from the president on that. in this article you are seeing a full indictment of the president's leadership by even those who claim they admire him, they like him, they think he's a tall ended guy. but they say he's detached. he doesn't learn well on the job and he fails to surround himself with advisors who willing to challenge him. we saw with the bergdahl thing we heard how 90 members of the administration knew about this trade but no congressmen knew. >> a recent poll from "usa today." take a look right now. 43 per believe it was the wrong decision. 34% saying it was the right

decision and 23% unsure. given that are you concerned as we go forward and more information comes out with this investigation that it's only going to further alienate the white house from the decisions it's making? >> the release of this soldier may be an issue for some voters in november, but it won't be the issue this election. uma: it may not be the issue but there are several situations that have been piling up one on top of the other with the rollout and the v.a. scandal. >> i hear you. but here is the reality. after the botched rollout of aca, the polls have come back. >> that's not true. that's absolutely not true, mary annee. >> them signed up more people

like mitch mcconnell trying to do the heisman on this. it's always better to be on offense than it is on defense and i think you are going see democrats getting on offense. uma: what about the fact there are those saying in terms of the sense of disconnect with the white house and the public, the president has more than two years to go in his presidency that he's saying i'm not going worry about the popularity polls. i have some work to do and i promised i was going get done. i'm going go forward and do whatever i want and forget everything else. >> the affordable care act has never been more unpopular. the president's approval is in the low 40s as a result of obamacare and all the bad things, the va scandal and bergdahl combined together. i think the point you are making is democrats realizing they are in this alone. you have a president as was illustrated by the quote you put. you whose inactions and

disinterest in being president according to his own party is hurting his own party. they are the ones calling his response to this bergdahl incidents as arrogant and hiding behind talking points. that's dangerous when your president is so unpopular and you are still under his flag. that's where you see democrats frustrated. uma: i know there will be lots of reaction the next couple days. thank you very much for joining us. bill: the 911 calls released after the crash that killed one person and left three others in critical condition including tracy morgan as his limo bus laid on its side on the highway. >> i'm just calling it in.

bill: prosecutors are saying the walmart truck driver charged in the crash had not lept in 24 hours before getting behind the wheel. triesy morgan continues his recovery. dow back on the move after closing 19 points up and 16,943. stocks have been on a tear. they had a record level three days in a row. we'll see if we hit 17,000 today. >> she won gold 6 times. now an olympic swimmer is facing a whole new challenge. the freak accident that could keep her out wafter and put her in a wheelchair. bill: tens of thousands of illegals, many of them flooding the border.

law makers say the white house is at fault for not doing anything about it. lou dobbs next. >> we are taking moarts and children, to bus stops and violating the rule of law over and over again. it's a sad state of affairs. care what age you are. take it on the way you always have. live healthy and take one a day women's 50+. a complete multivitamin with 7 antioxidants to support cell health. age? who cares.

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how much money do you think you'll need when you retire? then we gave each person a ribbon to show how many years that amount might last. i was trying to, like, pull it a little further. [ woman ] got me to 70 years old. i'm going have to rethink this thing. it's hard to imagin how much we'll need for a retirement that could last 3years or mor so maybe we need to approach things dferently, if we want to be ready for a longer retirement. ♪ you. uma: an olympic champion swimmer severs her spine in a horrible television crash. she is recovering from surgery in the intensive care unit.

her family says she is in good spirits and lucky to be alive. she won olympic gold six times. she became the first woman to win golds in one game. she took another two in 2000. bill: there are bus loads of illegal immigrants dropped off in self states. an estimated 60,000 of them are children. alabama senator jeff sessions says the rising crisis at border is the direct and predictable result of actions taken by president obama. only by declare together world that our border is no longer open and law and order will be restored can this emergency be stopped. you have been looking at this issue for many many years.

why is it allowed? let's back up a moment. the facts is that fiend texas, as ther -- inphoenix, as, you hs of people being dropped off every day. they are flying in illegal immigrants from the el paso sector because they can't handle the flow of illegal immigrants into texas. the border patrol has assign itself and custom and border patrol has assigned itself the duty of flying them from texas to arizona and dropping them off there. in addition. the 60,000 to 70,000 children we are seeing at our borders are coming from hon during and el salvador, they are calming from squat malla. that -- they are coming from guatemala. children are traveling from 1,800 miles from the southern

border, the mexican border with honduras and guatemala and come together northern border getting to the northern states. this is incredible. this is a strategy being carried out. president obama has turned the border patrol into the welcome wagon. there is no effort whatsoever by this administration to enforce the border. bill: why is that? >> he's putting pressure on those up for election today. eric cantor the majority leader who said he wants a dream act for children. he's trying to get reelected. in virginia you are watching paul ryan close to being a conservative but not quite thank you say most, he's decide he's all for amnesty. and it goes on and on. bill: some of these images, they are sleeping on the floor. and they are in phoenix, arizona.

they are in places like maryland. when 10 kid make it pact border you know the word spread back to that country and 1,000 are behind them. if 1,000 make it across the border another 10,000 are behind them. the issue is how and when does it stop? >> when i have 10 crossing successfully establishing themselves another thousand following and another 10,000 then the numbers explode. you have amnesty groups, open border groups pushing and organizing this thing along with the cooperation of the federal government. the president is assigning young lawyers to create justice americorp to facilitate these kid coming into this country without a question into what is going on. the congress is only now awakening to once again the republican party caught on the

political point can't seem to stop it. bill: we talked to jeff sessions last week and we'll continue to pursue it. when does it end? >> not on. uma: the summer sun starting to shine. but beachgoers in one area getting stark warning. between 100-150 sharks have been spotted nearby. plus this. he's laserring us and running back and forth. report rrp that's a chopper pilot sabotaged 1,800 feet in the air. police say they know who is police say they know who is behind this finally.

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a. uma: a dangerous gape being played in the kies over florida. police arresting a teenager for piejt laser at a sheriff's helicopter. he's lasering us and running back and forth. he's wearing swim shorts. uma: the chopper on a midnight patrol. you can see the flashing green line completely blinding the pilot's view. each ha -- steve harrigan is wi. >> reporter: he targeted the sheriff's helicopter. he targeted it repeatedly with a laser. the camera was equipped with infrared cameras. it was able to pinpoint the

source of the light. the 19-year-old faces possibly five years in prison. uma: these attacks on the planes seem to be on the rise. >> reporter: over the past decade laser attacks on planes are up 4,000%. on the average there are 11 incidents in the u.s. alone. most of thieves occurring at night in the 3:00 to 4:00 a.m. hours. they can be purchased online for under $20. the light can travel to more than a mile. when it hits the cockpit glass it expand. it can cause temporary blindness or disorientation. uma: i know this is something people are very concerned about. bill: brand-new charges in the irs targeting scandal.

darrell issa is accusing the agency of break the law.

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and ask about all the ways you could save. liberty mutual insurance -- responsibility. &%c1ing ais osca welcome to "america's newsroom." a brand hour on tuesday morning. i am bill. how are you doing? >> i'm doing great. a stunning discovery in addition to the tens of thousands of veterans waiting 90 or more days to see a problem. the problem was so bad they gave up on fixing them and pulled

special turn around teams that were visiting hospitals at a time of high rate and failures were growing. >> we were told people got their bonus by hiding the wait times. pete rose is here. we have heard about this before but this is another conformation of a system that is broken. >> it was a cover-up culture this new ig report covers. when you are talking about 70 facilities. and we think it is more than 70%. and 64,000 veterans dropped off and 57,000 veterans waiting over 90 for their first medical appointment. i requested a meeting with my

doctor yesterday and got it tomorrow. va is waiting 90 day for an appoi appoi appointment. >> 57,000 waits 90 plus days and 64,000 never got an appointment. it blows the mind. why haven't others been fired other than eric shinseki? >> he is the only at-will employee at the veterans of affairs. the ig director said if someone heard the shot heard around the system. america is out there and no one at the department of veterans affairs have been fired at the time high level for the scandal. it is because it is literally impossible.

there is legislation pending that would give slone gibson the power to fire people. he said if he had the authority to fire people they would be fire. >> who do you need legislation? couldn't you have an excutive order? >> where is the pen, bill? this president has done zero on this accept -- except accepting the shinseki's step down. they could let them go to other providers and get the care. the senate and house have legislation pending that would give them the ability to go

somewhere else. >> you said that was moving along; is that going to happen? >> a deal was struck between sanders and mccain. we are hoping harry reid brings it up quickly. >> put it on the fast track. thank you. white house in ts in the mi of talking about the bergdahl. as many as 90 people were told in the administration about the deal but not one member of congress. ed henry is here. what does the administration say about this at this point? >> they are trying to have sort of don't let them see you sweet

attitude as the -- sweat -- questions mount from republicans and democrats. the president took a stroll to starbucks suggesting there is no care in the world with an afternoon stroll. these questions are mounting from the democrats and the republicans because of because of what you hit on. they say after days of using justification of not telling congress because they were worried it would leak out. but 85-90 officials within the obama administration knew about it. so it could have leaked out there. it begs the question do they not start democrats like diane feinstein who is chair of the senate intelligence committee. and the administration said another reason they went in and couldn't tell congress was the

declining health of sergeant bergdahl. and now reports are saying he is doing well and his health is remarkably well given what he has been through. >> diane feinstein is really angry about the way this unfolded. according to congressman mckeon they are saying chuck hagel made the final call from the swap. are they trying to distance the president from this? >> it is going to be another key question that lawmakers will key in on. the white house hasn't said that publically but in private at this classified briefing one of the things that came up and republicans say top obama officials say it the call was made by chuck hagel and that raises question are you trying to insulate the commander in

chief. chuck hagel is here for his weekly meeting and tomorrow he is testifying on capital hill about this controversy. you can bet the heat is on. >> and people will ask if he made the final call. always great to see you, ed henry. one republican lawmakers is saying there is no way to make this deal look better. >> the afghanistan people and military are going to face these five taliban leaders that will go back to afghanistan and be hauled as legends and the survivors of gitmo. this is a bad deal. >> michael warren, how are you? good morning to you. is that the effort on behalf of the white house? >> >> you heard what buck mckeon

said and i had to ask him again. the question was who signed off on this and they said chuck hagel. but we were the president up there with the bergdahl parents and chuck hagel the next day said this was the president's call. it was spear headed by members of the military about disagreements about whether this trade was for lack of a better term a good deal. a lot of questions are being raised and a lot of congressman were coming out of the briefing upset. i don't think this is going to end despite the administration's attempts to end it. >> that might be the spend and it might be cya but you have a commander in chief. >> that is one of the big problems people in congress are asking about.

now this is out and this happened there is a lot of members who are upset about that video they showed last night at the briefing. he didn't -- bergdahl, that i is -- didn't seem to be in danger. now are the men in afghanistan in more danger is being asked because the guys in qutar might be on the battlefield soon. >> what was the video shown? >> they told me it was from about a year ago. it showed sergeant bergdahl, not in great health and certainly not at his peak, but what several congressman told me was he didn't look like he was about to die. >> i see. and that was the frustration. quickly, i know you believe the white house has a credibility

issue but the pretext for all of this is to shutdown gitmo. >> that is what a lot of members of congress are saying. it is hard to look at the evidence and say that is not what they are doing. getting these fives out first make it easier for the president to get the most out. that was a campaign promise in '08 and signed in '09. michael warren in washington thank. the american marine hold in mexico is speaking about the ordeal. andrew tahmooress said his captures were cruel and treated him with anger. >> my feet were bleeding and

some blood on my wrist but not like my legs. abrasion bleeding and bleeding on the back of my ankles. >> a horrible ordeal. he has been held in mexico for nearly three months after mistakingally crossing the border are three guns in his truck. new fall out in the irs scandal. darryl isa is saying the actions are criminal. how the irs is responding after releasing tax documents that were supposed to be private. >> and the family of casey casem is fighting in court. >> hilary clinton answering questions about benghazi. does the former secretary of state in charge at the time take

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his daughter turned off life support. his wife is back in court after locked in a legal battle with the daughter over control of her affa affairs and accuses of her trying to end his life against his wishes. former secretary of state hilary clinton defending how he handled the attack in benghazi. this is her on good morning america this morning. >> you cannot also predict. i believe the independent review reached the right conclusion. there were problems. and they needed to be addressed and we did. rather they could have been understood earlier i am not sure about that. >> john bolton is a former u.s. ambassador to the u.n.and a fox

news contributor. you hear her talking about that she can not foresee situations and she was talking about the report she wasn't available for and not able to talk about the concerns of benghazi. what is you reaction? >> it tells you a lot about how she viewed her role. she is like a potted plant. she sits there in washington and people tell her things and she moves on. i think the benghazi episode is an example of a lack of leadership. among many other things the secretary has to do is provide priority. the threat of international

terrorism and the security of our men should have been as a concern. the building should have been better attuned to what might have happened in libya. >> when you talk about the facility in benghazi you would think the security would be a priority when you are coming close to the anniversary of 9/11 and that is something that gives us lingering questions about why they didn't beef up the security when that is a date when terrorist might want to make a statement in that way. she said she takes responsibility but she said in an earlier interview i am not equip quipped to look at the blue prints and see if they were needed before the blast or not. she is parsing her words here.

>> that is another example of the potted plant view of things. no body said she is supposed to be experts on blast wall. but she should be an expert on how dangerous the situation in libya is. the environment we created. something that was the right thing to do. then we forgot about libya and didn't seem to be concerned about the terrorist buildup particularly in benghazi. this is an example of a lack of secretary leadership. it is not enough to say experts that handle this. a real secretary of state is prepared to get his or hands dirty. she should have been the desk office on libya was of its importance to the administration and she clearly wasn't. >> do you get the feeling as she

continues on with the book tour that any reference or concerns about benghazi are going to be seen as conspiracy ther ist? >> the book isn't widely read. i think her approach is to get people to forget about it because that is best for her. in the months and opportunities she has had, she has never provided adequate answers including in the famous clip about what difference does it make if it were a protest or guys out for a walk. it is wrong then. it wasn't a protest or guys out for a walk. it was a terrorist attack. and the fact she doesn't understand that will be an issue if she runs for presidency. >> another bite of the apple

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tea party candidate brat is being challenged and carl is in washington, d.c. and halfway through the primary season. what are we watching today? >> 26 states that will have selected their candidates for the fall. virginia, south carolina, maine, nevada and north dakota. most recumbents look safe and the tea party are trying to push the republicans to the right. eric cantor in virginia is facing a tea party challenge from a tea party-backed candidate david brat. cantor is favored today but dit ramp up the republican rhetoric. republicans nominated ed

gillepsi to oppose mark warner. this is going to be a hard fought battle with a lot of money. the races in nevada is pretty safe. >> and we will keep an eye on that. there is a brand new chapter in the tea party targeting scandal. the irs may have broken federal laws by giving controversial files to the fbi. >> and can you tell the difference between computer and a teenager? >> it happened? >> it seems so. that is the word. when la quinta.com sends sales rep steve hatfield the ready for you alert, the second his room is ready. you know what he brings? any questions? can i get an a, steve? yes! three a's!

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breaking news from the hill. reporting earlier today on this high level meeting that was said to be classified. but senator john mccain went to the microphone from the meeting and said this on what he learned about the taliban five swap: >> there was nothing in the briefing that i heard that was not already in the public domain. i don't know why the hearing was classified.

i have another comment that has nothing to do with the hearing and that is i understand attacking people who disagree with the president's decision. i don't agree with talking the reputation of these young men who served in the same platoon with the sergeant and accuse them of swift noting is not acceptable. >> there is this big back and forth and there was an article in the new york times on saturday morning that called bergdahl's unit raggedy and said there were troubles with that. you are living along the pakistan border and digging ditches to keep yourself alive you are not raggedy you are bad

and hard and determined. u.s. officials confirming five u.s. troops were killed by what appears to be friendly fire near the border of pakistan. jennifer griffin is joining us from the pentagon. can you tell us what happened? >> reporter: we know that five american special operators were killed in the afghanistan region. they were carrying out a partnered practice which is a standard process. they were killed after calling an american b-1 bombers for close air support. it appears the bomb missed their target and killing the americans and at least one afghanistan

officer. >> such a tough situation out there for the troops. i know you are following this closely. thank you for updating us. fall out in the irs controver controversy. republicans accusing the irs of violating the laws for releasing non-public data. the database turned over information four years ago and the lawmakers say they are troubled by this new information the fact the irs withheld it from the committee. dave is here, the counselor from from law and service -- jay -- and good morning to you. >> good morning. >> what happened here and whose information was compromised? >> the irs was trying to bring

criminal charges against the conservative organizations and stop them from engaging in political operations. the irs sent over 6103 information, private tax information, about various groups and not information that was public record but individual filings and information only the irs would poses. hands it over to the department of justice and is urging criminal charges against the groups. a lot were not granted tax exempt status. some had been but sharing that information is a violation of law. >> the agency says it was a small number of individuals who were exposed. is that a defense? >> it is 1.2 million pieces of

paper/documents. that is a lot of groups that had their information shared. issa's committee is working on getting that list. there is a companion case involving a pro-israel group put on the same lookout list and they filled a lawsuit in the same district court and the court ruled in favor of the taxpayer. in this case the idea you will intimidate them because people are engaged in free speech tits. a number of clients are still waiting for adjudication of their application. >> and involving public material that is easily accessible and

sometimes inadvertenally received information that should have been redacted. >> it is required by law they are redacted. there is a reason there is a provision of the internal revenue code, 6103, that says you can not give this to government agencies. the irs was in this position of being the protagonize of engaging the department of justice to try to get criminal charges filled against these groups with no evidence of wrongdoing in the process. >> what can you do now? >> we have the motions pending with the court. but we are going to check to see if our client's information was in the documents.

we alleged information was was share and this helps us prove the facts. >> thank you, jay. thank you for coming back today. those five terrorist released from gitmo, sworn enemies of the united states and free to return after a year in qutar boosting the ranks and moral of the taliban. amy kellog is live. are we closer to knowing where they are at the moment? >> uma, each day a new neighborhood talks about west bay, which is here, the a town outside on the edges of the mixed immigrant community. it was said over the weekend that no one has pinned them down. there is a ring of steel around them and a dozen other taliban members are here as a forward office when peace negotiations were going to happen and may be

led through qutar but they have gone to ground. we talked to a former 911 agent who has been involved in 911 transfer here in the region and he claims the deal could fall apart if the location of the former detainees were known were available to the press. >> it is important for qutar to maintain the situation and it is important for the united states so it isn't a public relation tool for the taliban. >> reporter: people say it wasn't a good deal or a bad deal it was sort of the only thing that could be done with the people as the war in afghanistan winds down. he believes they will be put in a family compound rather than spread out in apartment blocks because he doesn't believe police is watching what they make but watching who comes and

goes and who may socialize with and he is assuming their passports have been taken from them. >> definitely staying under the radar. thank you for the update, amy. has obamacare made the country better or worse? now polling showing yhow you fel about the question. >> plus this: >> what an opportunity! >> the los angeles kings just one win away from their second stanley cup in three seasons. the kings easily taking care of the new york rangers last night shutting them down 3-0. they will try for the sweep at madison square garden tomorrow night. night. dentures are very different to real teeth.

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donald stirring is pulling the support for the sale to the former microsoft ceo and plans to follow through the with the billion lawsuit. he changed his mind after learning the nba will not invoke the lifetime ban. brand new fox news polls showing that a majority of

voters are regretting obamacare becoming law and by a double digit margin. more are saying the country is worse off because of it. 44% saying that the country is worse off versus only 29% saying america is better off. michael is here and tyler harver a republican poster and manager partner. let me ask you about your reaction in light of what the americans are witnessing with the veterans scandal, people are taking a look at that and saying if that is what is happening at the va this could be a mirror of what is to come with obamacare.

>> in a very strict sense i will take that point -- if you compare health care in canada, sweden, and so-called universal health care. the problem isn't in quality. it is in access and that is the heart of the va issues. the access to the doctors. so i think there is concern and i know a lot of doctors on both sides of the aisle raise that concern with me. but i would say as a bill itself the benefit to many are lagging. i still think it is a bill that is good but flawed. it has done the job of getting more insured. i would say that the bill has done a lot of good. >> tyler, we are coming up against the midterm elections. a lot of democrats are running for cover even if they supported it in the beginning they are

seeing there are many flaws to this bill. and our very concerned by the political future. so they are putting distance between them and the fact they are saying this is probably not the best solutions for america's health care system. what do you say to that? is >> i think the polling numbers are staggering and indicate the negative and remorse that is promising party, age and ethnicity lines. the deeper we dig we realize young, older, voters, non-voters, republicans and democrats -- a majority of each group have deep remorse for obamacare and not much hope for it. i believe obamacare, a law that was meant to give insurance coverage to less than 10% of the united states has affected far

more than that negative. i think this will bankrupt democrats in 2014 and could cost them in 2014 with the president's race. >> let's put up another poll for the viewers to see given the fact what is happening now. you see the number. 55% which it was never passed compared to 38% who are happy it passed. that number is staggering. >> i would take some issues with the democrats strategy here. a lot ran away from the bill but the reality is that bill help as good chunk of the democratic base and part of their strategy should be pushing that and saying look we have done this for you, for the most disadvantaged among us. i think the numbers tell an

amazing story but only part of the story. millions are insured now, including the expansion of medicare which was put in place by a republican governor in ohio. >> independents in this poll were twice as likely to say we are worse off under obamacare and they are critic to the election. >> it is hard to win an election with only 38% loving the agenda you push. a majority of each subgroup doesn't like obamacare and 38% of the country is glad it passed. i think democrats are going to be hard pressed to find wins in 2014. >> we shall keep a close eye on

what lies ahead. >> it looks like 9:00 there in washington. >> dark skies there. >> jen jenna lee is standing by with "happening now." >> we have the latest fallout on the prisoner swap. an analysis from a maybe who has studied pows. and the va in the spotlight after hearing in an admissions there are integrity issues. and they call it goldy locks. a new drug approved by the fda for weight loss. is it too good to be true? >> it probably is. the rise of a machine could be around the corner. a computer passes a test you

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built for business. >> computers that can think for themselvess. the holy grail of computer engineers and now a super computer is passing the famous 64-year-old test convincing judges it is a human being. lance is here from editor at large of national review. let's do the who, what, when and where first? what did the computer do that they thought it was a 20--year-old kid. >> it was said by the year 2000

a computer would be able to fool others into thinking it was a human by carrying on a five-minute conversation and full them 30% of the time. the program built by a couple ukraine guys at princeton did it 33% of the time. human conversation -- the thing about this program is it isn't always right. so they programmed it like a 14-year-old might respond. it might not get mathematical questions and people think computers get everything right. >> you don't seem too excited? >> it doesn't mean this computer is thinking.

it is imitating. they said the original test was could a man or woman fool another person into thinking they were a man or woman based on questions. >> is that what syri does on your i-phone? >> to a certain extent. you can ask it questions and it will give answers because it has been programmed in. it doesn't understand. it isn't going to make decisions. this isn't a massive turning point for the world of computing where the computers will carry on conversations. >> but this is providing incentive now.

>> all of the attention is focused on this development and people are excited and they want to see how far they can go. if you go online and try it you can have an entertaining conversation. a lot of going online and asking question and getting excited and i hope the young people are getting excited because they program the next generation of computers and robots >> it isn't thinking. it is faking it. love that. >> it is a fake. all right. serious concerns over hilary clinton's new book and why it is leading more questions than answers about the benghazi terror attack.

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why men are more rigid with their looking facial features than women. >> really? bill: do you believe that? >> another theory out there. interesting but i can't buy that. bill: we 100 theories, this hour. see you tomorrow, everybody. "happening now" starts right now. bye-bye. jenna: hillary clinton embarking on a media blitz as we kicks off a national tour to promote her new book, "hard choices." hope you're off to good day, i'm jenna lee. jon: i'm eric shawn in today for jon scott. people are lined up inside of the barnes & noble bookstore, you're looking inside, where mrs. clinton is set to engage in the time honoredded signing a their new