was your name? and you have a lot of love. >> we have to get out of here. >> that was you with lundqvist in the hall of fame. and in three seconds we'll go to happening now. toss us that ball. that looks like a good time. >> thank you. we'll take the toss. right now, three developing stories we are watching right now. new reports that a key suspect in the benghazi terrorist attack is now talking to u.s. interrogators. a live report just minutes away. marabara back on the hot seat telling law makers why it took years for her company to address safety problems. and dr. oz getting schooleded on

capitol hill after he called products miracles on his program. gm's ceo told law maker ares that the company failed to handle safety problems. i am jenna leshgs. >> and gm is under four for the ignition defect nailed to 13 deaths. gm recalled 3 million more cars for the same issue. >> i will not rest until the problems are are resolved. i told our employees, i am not afraid of the truth and not accept business as usual at gm. and it is time to insist on total accountability. >> doug is live in washington with more on this, doug? >> reporter: we understand that mary barra is speaking to the

reporters. she just wrapped up her testimony and the the hearing has ended. she appeared before a host oil committee. this was a gm commission study put together by a chicago attorney. it offered a brutal condemnation of the gm culture which let a known defect to linger and resulted in the indicatings of 13 people. one engineer identified the ignition switch problem. made the design change and kept the serial number the same and leading to years of confusion about why accident data was different before and after the model year 2008. mary barra told congress changes were made. >> we appointed jeff boyer who is an expert in the field to

this position. i told jeff he will have the resources to do the job. he has many already. we named a senior attorney to facilitate rapid information sharing across the organization. >> in addition barra said gm had 35 safety investigators to identify problems more quickly and instituted a speak up for safety program to report the safety issues quickly. today was hilo contentious and barra was questioned about the gm nod and salute. where problems were identified and attendees nodded that there was a problem and kept their mouths shut and the problem would go unaddressed. >> doug, thank you from washington. we are keeping our eye on the testimony from mary barra as she is on capitol hill and speaking to reporters afterwards. if there is news, we'll bring it

to you on happening now. >> this is a big story, benghazi terrorist suspect is reportedly talking to u.s. interrogator it is. his name is abu khattala, and he is in custody and one of the co suspects in the attacks where four americans were murdered. he is also the first person arrested. this is reopening the debate of guantanamo detainees and trying terrorist in the u.s. courts. we have live from gitmo with more. >> reporter: the decision to send abu khattala to a federal court is more evidence that president obama is determined to close the detention camp here in guantanamo bay. when you take a look at the criminal complaint filed in the dc district court, what you so the government at this time is not making a direct link between boot bot and al-qaeda.

and they would need to check the al-qaeda membership box inferred to bring him here to guantanamo bay. a high valued detainee will be arraigned in the courthouse. it is alleged he was a senior operative of al-qaeda and had advanced knowledge with the 9/11 plot. it brings to total high valued detainees with connection to al-qaeda working their way in the military system. >> and there is insufficient evidence to bring military prosecution but evidence that they remain a u.s. national security intchlt this week fox news asked a spokesman for the prison camp what will happen to the 40 men and where will they go if the camp is closed. >> that's way above my pay grade

and we'll follow the orders that we are given down here and whether or not we transfer them, that is up to the chain of mmand. >> reporter: people here in the detention camps cannot say what will happen to the 40 detainees and they can't explain what will happen to the detainees that are convicted on terrorism charges. they are in fact prisoners of war, jenna. >> intchlth a story to continue to watch. thank you. lawyers back in court for the marathon bombing suspect. the decision to target the boston marathon should not be considered as an aggravating factor in determining the death

penalty. and later today defense attorneys are expected to file a motion asking that the trial be moved out of boston. we'll keep you posted. ucrepe and russia working on a sos fire after leaders of the two countries spoke about the process. ukraine will require rebels to lay down arms and allows nonvilen fighters to go to russia. new questions about the irs raised in congress. the tax aemgs admits to losing more e-mails. just days after telling the house committee that two years wort e-mails of lois lerner lost in a computer crash. lawyers calling on the justice department to investigate. this is something that eric holder declined to do. but today law makers on both

sides of the aisle are calling for action. >> stuff just happens is not a valid excuse for you if you are audited by the irs. this is a i pock chrissy in's powerful government aemgs that said do as i say and not as i do. >> we'll have the hearing and be respectful and get to the bottom of it. and then we need to move on to other issues that need to be addressed. the bepg benghearings and the irs hearings are an incredible distraction to getting the things we need to accomplish legislatively. >> we just heard from congressman crowley tempered in his statement of the irs and he will let the hearing go on. you are watching two key democrats and the way they are approaching the ears scandal. who and why?

>> congressman crowley's are different from two prominent democrats who spoke yesterday. senate majority leader harry reid was asked and he could have dismissed it and called it a partisan witch hunt. he said senator hatch is looking into it. and on fox last night hillary clinton was asked about it whether it was a worthwhile investigation to pursue. she said yeah, we should investigate as long as it is done in a fair and nonpartisan way. if it was a big nothing, and you can see prominent democrats saying it is a republican distraction. but they are not. the new development of e-mails being lost compounds the problem, and you know, if there was a cover up, that could be a bigger problem than the actual

controversy over the irs scandal itself. >> that is the question that the gop is raising. what is in it for the democrats to defend the irs? going out on a limb here? the irs is not the most popular agency. and so what is in it for the democrats? this is interesting and let's pursue this? >> this involves the obama administration and the republicans are making a case on many levels of government, the obama administration is not only incompetent but potentially corrupt. the problems with the health care law and hss. and the benghazi scandal and what went on in the state department. and that sort of feeds in the republican narrative and the democrats are in a tough political environment with president obama and one of his lowest approval ratings. and they are all for reelection

this year. and they are defensive about it. right now, they look to be more transparent and you can see the voices in the top of the democratic party accepting that now it has gone over the brink and they have to accept there is a real problem in the irs. how could the e-mails gone missing and the evidence that they are requesting for months. how did this stuff just vanish? >> it was related to the committee, that they are not able to supply the e-mails requested. democratic support on capitol hill has wide- ranging affect. and democrats came out and joined republicans and they felt the pressure could have been. and one of the reasons why the white house took action. if the democrats don't get on board what is the path to holding the irs accountable and

whether it is about the missing e-mails or going further. the question is will we learn more? lois lerner will not testify and she will not answer questions. not only were learner's e-mails missing. but the staffers under her and what is targeting. six staffer e-mails have vanished. and the next question can they recover the e-mails. is there an it guy that can recovery the e-mails. they don't just vanish. they can find this stuff. and there are experts that came forward and said it is a possibility. that might be the only route if

a lot of these members of the irs continue to stonewall and refuse to answer questions. >> and you didn't ask for an extension. >> i am good to go. >> and great to see you, thank you. >> mine aren't. >> it is the nature of the business. major development in the fast and furious case. police arrest a suspect in the connection of u.s. border agent brian terry. >> more scary weather in the nebraska town devastated by earlier tornados. we have a live look and today's forecast. hillary clinton sitting down with a interview with fox news. but did she answer the questions asked of her. go to fox news.com/happeningnow

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more tornados in northeastern nebraska. watch. this monster twister caught on camera by a group of storm chaser ares one day after a pair of tornados tore through the

area monday night and killing two people and injured others and destroyed much of the town of pilger. it shut down the highway but did not result in damage and injury. >> millions from north dakota to the atlantic coast with severe weather. our chef meteorologist rick is here. >> more storms and a lot of rain for people. we have boundaries in the northern plains and the stops continue to fire in that same area. we'll so that today and tomorrow again. we can't rule out more severe weather in the same spot. this is the upper level disturbance. that is white snow. we saw a foot of snow in salt lake city. very late in the year to get that heavy of snow there. warm in the east. this is a future radar, you will see today. and more storms are firing in

the dakotas and parts of nebraska again. and moving over the ohio valley. and that is strong winds. wens here in the ohio valley and tornado threat in dakotas and iowa and minnesota. we could see a large tornado later on today and tonight. tomorrow, the stretch moves to the oast. along with that is very heavy reason for a lot of crops that is good but some areas getting it too quickly and too much. we'll so a lot of areas 3- 4 everyones of rain that will have flooding again and stretch all the way to the midatlantic. it is warm at lost for this time of year. we haven't had a lot of warm weather in the east. but we are dealing with it now. 94 for a high in raliegh and tomorrow 97. collar temperatures in parts of the northern rockies. jenna. >> look at the 80s and 90s and still have snow.

>> i know tis crazy to get that much snow this time of year. >> you bet. nhillary clinton sits down in the fox news studios. former secretary of state facing questions on benghazi and irs scandal and continues a book tour with a round of media interviews. what she said and how it could impact her possible presidential run. when it comes to good nutrition...i'm no expert.

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it was a video. >> i don't know anybody who said it is only the video now. but i think at the time there was a lot of information flowing around that we were trying to a sez. we anyhow it was in cairo next door to video. and information kept changing. bring in the columnist. we asked the viewers if she answered the questions. she talked about the fog of war. there is a old saying you can't hurt what you can't hit. if she played it safe and avoid

mistakes. that is said. and that interview was not erasing all of the errors last woke and poor performance and reintroduction to america that she gave in the media tour. whether that is dead broke statement that she made and 8 million book and bill clinton making 100 million in speeches and trade for bergdahl and the five taliban commanders. that gave a poor impression of mrs. clinton. i don't think if that put the tooth paste back in the town. >> gretta asked her about the bergdahl trade and went to her taliban and the treatment of women. i believe we have that queued up. >> didn't you talk to secretary pinneta that night? >> i talked with director i talked on

a secower video conference with a full array of officials. and i anyhow because i had talked with the national security adviser that both secretary pinneta and general dempsey was doing the best they could. i know the defense department was in the room in the video conference. >> that was not the intended but illustrates this thing. hillary clinton and a lot of politicians went to law school or politician school. they learn to dance around the question that was asked of him. if she spoke to leon pinneta and got around when pressed. i can't recall. >> when a lawyer becomes a politician and in the public eye for 25 years and she was a senator and secretary of state and president and used to hearing tough question.

answer the question you want to be asked. you i think over all the question that i got. y do media analysis and a lot of people say particularly left media analyst that this was an ambush and disrespect excel what i saw was a fair professional methodical interview with gretta and brett. and i would hope to put to rest the allegation that fox doesn't give fair introduce to democrats. that is simply not the case. >> if there is a presidential campaign in her future. >> we know, john. >> you know? >> she's doing the media tour. she doesn't need the money. >> she doesn't need the money. but there may be attempts to well, address some of the questions put to her about benghazi and other things. you think it is part of a presidential run?

>> no doubt about it. this is a book tour and she doesn't need the money. and one gall up poll, what is the most positive aspect of hillary clinton presidency. and we'll have a female president. and only five percent said she is the best choice. and so this is what i mean about playing it safe. don't make mes takes and hopefully the republican nom no is someone that the press will beat up for me and get to the white house which is the plan all long. that is what is happening on happening now right now. jon, government forces battling militants for the oil refinery in iraq. what impact on your bottom line. congressional law makers dig deeper, what happens if they determine thousands of lost e-mails were destroyed and what happened with a cover up. and how dow get to that point.

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>> stocks are down a bit. and investors keep an eye on iraq where they are fightingis sis militants. box business network is live on the floor of the new york stock exchange. she has the latest, nicole. >> reporter: good afternoon, jon and everybody. we have a lot watching on wall

street including keeping a queen eye on what is going on in iraq. islamic militants have taken one refinery there. oil is hovering around nine month highs and wall street is taking it in stride. they know that saudi arabia can supplement oil for the time being. and iraq production is only less than four percent of the world consumption. and they are very focused on the feds this afternoon. and janle yellen and those economic projections. we have concerns about the labor market and that recovery has been slow. in a half an hour they would be focusing on the fed. and amazon, today is the long awaiting phone from amazon. and throw d and glasses and great for gamers.

amazon will release that shortly. and they will sell directly to the consummer and the fact that they are releasing the new model earlier than expected. and lazy- boyand coach. and a winner's new high is fed ex. and giving a good outlook. this is what is going on in wall street. dow is down 23 points. >> it is all of those shoe deliveries going to jenna's department. >> nice. she deserves them. >> nicole has my back. i do deserve. just kidding. right now a new development in the fast and furious case. the second suspect in custody in

new mexico. william has the sursurprising development. >> reporter: jenny, agent terry died and prosecutors so far convicted one person in his murder. late last night mexico escorted by the fbi to tucson a suspect. he will appear before the judge four hours away. according to the prosecutor, two men are still at large in mexico. one is in custody awaiting extradition. and a fifth, he got 30 years in prison for his role in terry's death. they belong to a mexican drug cartel and armed with guns armed by the fast and furious operation. agent terry's death revealed high level approval of washington in the gun sales.

that scandal led to a contempt finding against eric holder. that fight is onanything. in terms of the extradition. i will told he will not face a death penalty. he is a flight risk however and unlikely to get bail. prosecutor will now build their case. >> thank you. in this fox news alert. pretty soon we'll not have jay carney around to kick anymore. this is his last meeting as white house press secretary. he is giving the last white house briefing. we expect he will be asked about the irs e-mail situation, a couple of years worth of e-mails from at least 6 or 7 irs employees seem to have disappeared. we'll be talking about that with a legal panel and what happens

if it was done deliberately. that is a question coming up. in the meantime, congressional investigators announced that the irs lost more e-mails sought in the probe of the agency's targeting of conservative groups. the irs lost two years worth of e-mails belonging to former official lois lerner. what happens if law makers figure out the disappearance was a crime? we'll talk about it with ashley merchant and brian silver and a former prosecutor. we don't know what happened brian, but it sounds awfully suspicious that seven people all of whom were involved i the targeting of conservative groups. their e-mails from that period in question so manied to have disa pored. what happens if somebody finds

out it was more than an accident? >> let me tell you something, as a trial lawyer, i don't believe in coincidence. there is no doubt something fishy is going on with the case. they took a problem and made it worse. now they are facing the possibility of contempt of congress and obstructing justice and you know what else? the felony of destroying and tampering with evidence. that will make this whole thing explode. not only investigated for the question and issue of the tea party and other things going on. but now conduct as it relates to the e-mails. and that's going to be the bigger problem to deal with. >> ashley brian doesn't believe in coincidence do you? >> i agree with brian on this. i think it is fishy and coincidental that all of the e-mails just from this particular period and issue go disappearing. i would be concerned about the charges they would face. they have a corup.

they are in contempt of congress and perjury charges and false swearing. you don't have to talk to the government but you talk to the government you have to be truthful and it seems they may not have been. >> this point so often. but it is a classec operation in washington. if you have bad news, dump it out late friday afternoon especially in the summer because people are going to the beach and not reading the newspaper sunday morning and all of the coverage gets buried and goes away. the irs has known about this since february. >> you know, listen, in these cases, we see people digging the whole deeper. they can't tell us the e-mails are lost. what is on the cell phone ipad

and what about the people who sent and received e-mails. there is another side of people who have their own records. and when the irs realized something might be a miss in this computer crash. come on? >> this is an organization, you have to give most sensitive information and income and losses, and you have to send it to the irs every year or quarter. and if this organization to say we just lost. it what does that do for faith in government? >> it is horrible for faith in government. what if i was audited and all of the sudden, i don't have those documents. i am so sorry. i don't think that the government would be okay with that. we shouldn't either. and other than the medical information. tax data and most sensitive information that americans can

give and we trust the government. and if they go willie and nilly and lose it so easily it wors me. >> brian, who do you hook to look into this? >> is it going to be congress or the department of justice get involved. who will find out what happen to the e-mails. >> and as this develops and finds out. as i suspect there would be. and the doj should get involved and they should be consistent and honest and apply it to the irs like they do the rest of us. >> and ashley merchant. thank you both. >> thank you, john. >> and dr. oz taking the capitol hot seat. and they say programs are nothing but scams. we have a doctor that will weigh in on this and what we should

know about the back and forth here. and one city passes the highest minimum wage in the country. some are pushing back, we'll tell you more, next. sfx: car unlock beep.

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after the supreme court denied last- minute appeals and early this morning, john winfield was executed in missouri, and no complications reported in either case. there was an incident in oklahoma in which the prisoner died of a heart attack after the drugs were injected. >> seattle business owners are striking about with the adoption of a $15 minimum wage. and more on this from dan in seattle. >> reporter: hey, jenny, it doesn't challenge the legality of the minimum wage. but going after the fact that franchises have to pay it four years sooner than the competition. it was filed by the international franchise association that has 600 businesses in seattle and they

employ 19,000 worker ares and many are franchise fast food restaurant. one was a orb of a home health care business and both are franchises. they classified as big businesses. and the same as companies with more than 500 employees and forces them to it pay a $15 minimum wage in 20174 years earlier than independents. >> it is part of a larger national corporate monopoly. there is very little difference tone a mom and pop store and they are investing their own money and attacking out a small business loan and pay a fee. and in exchange they benefit with training and advertising. they will be in a competitive

disadvantage. >> not everybody will survive. this discriminatory law will affect franchises and they will go out of business. >> organized labor is pushing the $15 minimum wage in other cities. san francisco will vote on it in the fall. >> we'll watch it as it develops, thank you. >> law makers on capitol hill take television's dr. oz to task saying he is misleading viewers about the benefits of weight loss products. >> critical subjects and real people under gone trials and i gave it to members of my audience. >> which would not pass. the trial with your audience you would not say it would pass scientific muster. yes. but you're progressive and they're them. -yes. -but they're here. -yes. -are you... -there? -yes.

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hey, everybody. coming up, it's jay carney's last white house briefing today and they're not letting him off too easy in there. new reaction on the crisis in iraq and who should get an update on the benghazi suspect at this point. do you know who sings this? ♪ i want to scream and shout and let it all out ♪ . >> it's will i am formerly of the black eyed peas. a special 3-d project just unveiled. he'll share it with us. stick around. we'll see you at the top of the hour. >> dr. oz testifying during a senate hearing on weight loss scams. the tv host criticized for endorsing products lawmakers say don't have a lot of scientific evidence to back them up. >> i don't know why you say this stuff, you know it's not true. why would you cheapen your show by saying things like that?

>> in an attempt to gauge viewers, i use flowery language and language that was passionate and was not helpful. >> dr. oz saying it's more about semantics. those advertisers are looking to grab a piece of the more than $60 billion weight loss market which experts say is full of bogus products. how skeptical should we be about what we hear on television? the issue really was how dr. oz was talking about these products. sometimes describing them as a miracle in a bottle. not just one but several. in general, what do you think about this? the criticism of dr. oz and also his response? >> i think dr. oz is a caring physician who truly wants to motivate people to better their lives and better their health status. i think we have to be careful though when we try to motivate people particularly when you're on television and lots of people listen to what you have to say

that everything you say must be based on scientific data so you don't mislead anyone in any way. >> one of the things he said is, listen, some products are not tested. they're not in your traditional scientific testing like a pharmaceutical but i don't want to keep supplements or other alternative therapies away from my viewers. >> we have to be careful with supplements. we must understand the fda does not approve the supplement. they say that whatever you say is in the bottle has to be in the bottle. we don't have to have any scientific data to say they work. however, i think that you also have to make sure you treat your patients with drugs that have been evaluated in a randomized clinically controlled panel that we know works. >> this is a passionate topic. she lost about 50 pounds a couple years ago. she says she did it the old fashioned way. it made news. did interviews about it a couple years ago. this is an important issue for a

lot of people. do you think it's a place for the government to get involved? when you saw the hearing was with dr. oz and some members of the senate, is that where government should step in? what do you think? >> we need less government and not more. i think we have to take individual responsibility for our actions as healthcare providers, as newscasters, what have you and we're responsible for everything we say and content that we provide. we also have to provide patients the opportunity to accept individual responsibility for their health care and their disease process. >> when a patient is going to see a doctor and referred to different medicines over the counter or not, there are pharmaceutical companies that say use my product for such and such a reason. i'm concerned about what consumers should know about that because doctors navigate that off television and we have to follow some good advice. what should we know about that

process? >> when a doctor prescribes a drug for you or device, what's the scientific data on this, is this going to improve my outcome and quality of life. you want to know that it's not just the latest and greatest that a fancy drug rep brought to the office. you have a right to know why you're doing what you're doing so that you partner with your doctor in this healthcare plan. >> often times you are handed a prescription and given advice and you just take it. great to see you. >> good to see you. a huge mess after a car slams into a packed liquor store. we'll tell you how this happened and why the driver is in some serious trouble.

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an underage driver stepped on the gas instead of the brakes plowing right into the front of the store in pompano beach. nobody hurt. lots of wine and liquor bottles smashed and the driver cited for driving without a license. >> thanks for taking the time for join us today. let's get to martha now in for gretchen on the "real story." iraq disintegrating. a white house strategy session that's about to get under way. hello, everybody. iraqi soldiers battling terrorists for control of the country's largest oil refinery now. the military saying that at this point they believe they have beaten them back for now but with al qaeda option setting sites on baghdad some 37 miles away, pressure is mounting on the white house to come up with a plan and to do it soon. >> is there any good option now