>> see how the dude owned it and sugar coats. he owns it. >> that is fun to spend the hour for you. we'll wrap up outnumbered and happening now starts now. right now three developing stories we are watching at this hour. secretary of state kerry arrive in jordan. islamic militants seized that country's border with iraq. and big night and just days after a contentious hearing and law makers demand to know what happen to the e-mails. and u.s. woman soccer star hope solo accused of assaulting her sister and nenew in a drunken assault. >> terrorist capturing more territory. welcome to a new hour of

happening now. >> iraqi forest on their heels trying to cobble a counter attack after four towns and two border crossings with syria and jordan fall in enemy hands. secretary of state john kerry is on a mission in baghdad trying to get maliki to give more political power to it opponents before the insurgents plunge the country in war. >> the principle concern for the iraqi people and country and border and sovereignty, and isis is a threat to all of us. >> we'll keep you up-to-date. and we have breaking news on the fight against terror and that is the big debate over the use of

drones. there is a secret justice department of department memo that approves the killing of a american citizen in yemen three years ago. kathryn harris is live with more on the secret memo this is now not so secret. >> reporter: thank you, the target of a killing of a an american times was only after the new york times and aclu sued the administration in court. that was for the killing of a nwab al awlaki. >> and the memo drawn up by the council was written by davidberren whose confirmation to the federal bench was held up by the senate until the administration released the memos. operations by the cia and defense department are

justified. high level government officials concluded that al awlaki was a leader in the araban peninsula and a threat to united states persons and interests. >> but critics say it was the executive branch acting as judge and executioner. the statement reads in part. the government's drone program is. gross distraction objection of the law. this was used to kill a u.s. citizen without trial and far away from the battlefield. having revowed the memo released by the court is how vague it is and how it lacks details as to what the decision was for the administration decision that al awlaki was a criminal and die by drone in the hands of the cia.

>> that is interesting. and surely not the last of the debate over what was decided and how. we are getting new information on the supreme court decisions to be handed down this summer. the high court ruling against an obama administration program that would have placed emission standards on companies. the justice ruling that the epa does not have the authority to tell companies what they should do to reduce carbon dioxide emission. another case to the obama care exception man date and if the police can search your cell phone without a warrant. in washington for a moment, the irs commissioner returning to capitol hill and facing law makers over two years worth of lost e-mails. in the center the targeting, is

mike emmanuel in dc. >> reporter: fireworks tonight when the house oversight committee asks many questions about the missing irs e-mails. the commissioner took heat on friday. he was asked for a apology. and toughest moments came when congressman paul ryan said he didn't believe the commissioner under oath. he had a letter with a wide range of questions please explain the failure of the hard lois lerner computer in or around 2011. and what was the steps taken to it get the data from lois lerner hard drive. and identify all employees who had a role in man taining and

services the e-mails and exchanges. >> these are simple questions that he can go to staff and have the answers and turn them to us and save us going through questions as straightforward who took steps to recover the documents and who decided to destroy the disk drive those kinds of questions. >> reporter: lois lerner refused to answer questions and they now two yoors of her e-mails are gone. democrats are not defending her, but saying there is no conspiracy. >> the question is did lois lerner crash her hard drive? >> all of the evidence is to the contrary. the e-mail extraordinary efforts were made to retrieve the e-mails. >> we are heading for late night

and fireworks about the irs scandal. >> it will be interesting to watch, mike, thank you very much. >> brand new reaction from the law makers and one of the lawyers representing the tea party groups appearing on america's newsrooms today. she's not buying that the e-mails can disa pore without a trace. >> he wanted everybody to believe that lois lerner's hard drive and little computer in the office had a faulty hard drive, oops all of the e-mails are gone. i have received e-mails and communications from government employees and forensic experts know that that is not how e-mail works. >> right now, we are on the eve of a big primary day of many states. voters will be head to the polls and also run off elections in

two other states including the closely watched gop primary in mississippi anded that cookran and chris mcdaniel. will the growing scandal help the gop in the midterms come november? we'll talk about it for mike and ed. right out of the box and there's not a lot of love in the country ever for the irs. but if it turns out that the irs was used as a political tool of one party, is that going to be to the benefit of the gop? >> it is, there is no hard proof that that happen. you have law makers accusing the irs and helping to benefit one party or a group of people over one another. and what this helps to do though, help them in the general election in november and say to

voters in swing districts, look, the wheels are falling off the obama presidency and you have problems with the irs and va and lingering questions of what happened in benghazi. and overseas and ukraine. that's what speaker boehner said. and all of that will help and all feeds the narrative that the republicans are trying to create. obama is in trouble and congressional democrats are helping him by not helping him in tedealing with the problems. >> do the problems with the irs propel the republican candidates? >> in the short term, i don't see it playing a huge role unless it turns out tha d

cochran is lois lerner. they are low impact. but one thing i will be watching is the gop primary turn out, do a lot more voters be motivated by the irs scandal or iraq imploding and obama care. if there is a low impact, that might bode well. >> what about turn out? do the irs problems motivate turn out? >> they not only motivate turn out but intensity. we have talked about polls with higher intensity levels than democratic ones leading to the election. and that is fuelled to the six year lack of enthusiasm in a two- term president the and that is driven a lot by the agencies and democrats are

fearful that they realize they are bumping up against a political reality and suggest that republicans are going to win. no law maker running in the races tomorrow has direct ties to the irs and sits on the committee or implicated or affected by the irs' work. you will see it in mississippi tha d cochran is trying to make it a campaign he has experience with military issues with the situation in iraq imploding. and in maryland, there are concerns about obama care and the fact that the state- run exchange had problem and the democrat was partly responsible for that. and so it will contribute. it is driving voter disgust and republicans will drive the voters to the polls. >> democrats are are left in an uncomfortable position of

defending the irs over pretty outramous coincidences you could say. >> you don't want to be on that side of a political argument. the irs is pretty much union versally loathed if the that have to make a holestic argument. and if you don't what the irs is doing and find out information. wait until they have bureaucracies on something that touches you every day when it is something like health care. >> the irs set to be running the financial and record side of the affordable care act. that will be a joy. that will keep michael warm.

>> and we heard this weekend that the federal government would be flying illegal immigrants from texas to california to handle the surge of women and children. and now they are calling off those flights. what is next? we'll tell you. >> a woman given a death sentence because of the christian faith and now the case is taking a brand new turn. >> what would you ask the irs commissioner tonight. go to fox news.com and click on america's asking to join in the investigation. try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on.

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>> jerry sandusky and the child sex abuse investigation. there is faults in bringing charges against sandusky. and the former penn state football coach was convicted of sexually abusing ten children and currently serving 30 or 60 years in prison. >> more on the growing crisis in the southern border. a plan by the feds to fly 600 illegal immigrants from texas to california. border patrol is not giving a reason why. but said the planning is in a fluid state. will carr has more on that. >> reporter: hi, jon. the flights have stopped for now going from texas to california, we are seeing more immigrants

shipped to nonborder states like massachusetts where they are housed in temporary housing facilities much like the border that are overwhelmed. many children by themselves. 4700 uncompanied minors has crossed the border this year alone. and there are serious health concerns in the housing facilities. >> if someone comes in the united states as a legal immigrant we screen them for tubberculls onnis. and if they come in illegally they are closing together and a lot less public health measures in place. >> to try to help with the problem. vice-president biden went to guatamala and emphasized that uncompanied children are not

eligible to be citizens in the united states. that is reenforced by home land security. and there are no permissos or permits or free passes at the end. the united states will give tens of millions to crack down on the rising gang violence they have sewn in the last couple of years. >> we will watch that story and see what happens to those people. 40,000 of them crossing the border since last year. will carr, in los angeles thank you. two brothers convicted of scamming the boston marathon. and how they tried to get away and how they got caught. hope solo accused of assaulting her sister and nenow. there are parts of the case that don't add up.

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>> two brothers of submitting a fake claim to the victims of the boston marathon bombings learned their fate today. they were sentenced to be convicted of larceny and fraud. they used the name of a long dead aunt who passed away. they were arrested after accepting a phonocheck made by police. right now hope solo is in court on assault charges who is accused of assaulting members of her own family. the police got a call about the dispute and when they arrived on the scene saturday solo appeared drunk and her sister

and nephew had visible signs of injury. there is a lot of questions, we are figuring out the details. hope solo has been behind bars for the last 24 or 48 hours and appears in court a few hours from now. how typical is that one to see a woman in a domestic violence dispute and have them behind bars. >> because it is probably not a felony and we didn't hear substantial injuries to the sister or nephew. on that ground alone, it is unusual for someone to be behind bars for an entire weekend. >> do you think there is something else? >> she is hope solo and number two, she was drunk. if no one was available to pick her up and if she was so drunk she aggravated the police officers, that could explain the two days in jail.

>> details we don't know. we know that her nephew is 17 years old and a bit of a minor. how does that impact the case? >> it could impact the case, assault on a minor. she's facing fourth degree charges of assault and that is misdemeanor charges in seattle, washington. we are not looking at anything where we see a serious assault of domestic violence situation that ended in death. but when we see that, that's when people remain behind bars in jail and no bail, it is super source. and here we are questioning what happen. we don't know. people are claping they got hurt. and hey, my clients are the ones who got hurt. she was not the aggressor. >> and in the past she is misunderstood by the media and everybody else.

she does have a past in general when it comes to aggressive behavior. ranges from minor to dancing with the stars where her personality came off distasteful to viewers and a lot written about. that but she had a domestic violence dispute with her now husband. how does that impact. >> the charges with her husband was that she would have been the victim. but she's a tough cookie and i don't want to play the gender role. john, is a tauf guy and she is a female athlete. there might be gender bis. >> she's saying, look i am a tough athlete and this is how i act but i am not aggressive. i just speak my mind. she has a right to say what she wants whether or not that came to the situation.

this case on a violence situation. no one went to the hospital. and so they were able to see visible wounds on these people. what would have to happen for this to move forward. what does she say. >> she will plead not guilty to the charges and if there is nothing to it and the sister and nephew. over reaction and everybody was drunk. it will be chances are to be case dismissed and maybe anger counseling and this is not going to ruin her career. >> jana and rebecca. thank you. >> not going to help her career either. >> we are watching the crisis in iraq following with the al-qaeda militants and what is done on that situation. >> top seal phone makers pledging to put a kill switch.

that may not protect users whose are lost or stolen.

>> brand new reaction from the white house. is islamic militants seizing more of the country. they have reports of them taking the iraqi border post with syria white house press secretary josh

earnest speaking to the reporters. >> the president is carefully reviewing his options and we are honest about the fact that there is a regular process under way here inside of the administration to continually review our optioned for confronting syria. >> and here's more from doug. doug, there is a situation that secretary kerry's visit to iraq may be too little, too late? >> reporter: the new york times reports that isis controls all of the western border are crossings from iraq and allowing for the free flow of weapons and ammunition to the isis fighters. and the paper is reporting that five of the 14 combat divisions are ineffective and the washington for mideast said one

out of four battalions cannot be accounted for and kerry's comments of holding on to iraq sovereignty may be ringing hollow when the iraq border isro collapsing. >> joint command is now set up. and the additional advisors are coming in and dispersing to their various posts and brigades and they will be making assessments to help define the strategy. >> i don't think there is a strategy. whamma mogoes downs and what we have now is popping up all over the place. and instead of taking them down we are watching this. >> reporter: then there is a political component on kerry's visit who is putting tremendous pressure on maliki. there is no undication of him

doing so thus far. >> there is something that appears that maliki is not willing to do. >> reporter: that's right. he has not asked for maliki to step down. and we are not hearing about it. but he is putting hope in the new elections there. as you know, a now parlamount was elected and they have to elect a new prime minister and a new president. but some wonder if a new president will coax concession out of the sunni minority. who wants to reling quish those games. >> ambassador jeffrey is an ambassador to iraq. it is great to have you in the

program as we appreciate your perspective. some say we saw the maliki start persecution of sunnis going back to 2009 and 10. what did you see from your perspective? >> there is no doubt sunni arabs and sunnis were fully engaged in what we hoped to be a pluralistic division of power and constitutional system. they wanted to put pressure on the other. maliki did this from the perch of prime minister and the kureds and other opposition tried to carve out interest of themselves. they lived fairly well until the situation in syria and we have isis overturning a decade plus

of american engagement. >> we understand the difference in the political parties. this is what we are looking like. it is different than the ones here the at home. but we saw the maliki government was participating in persecution of the other groups, why did we support him and why should we support him now? >> i think the answer is not. and i don't think the administration is supporting him. the problem is, we were caught in the arms of the dilemma. the logic of being in iraq and the initial takedown of saddam hussein and was to put the country in democracy. if you do that maliki and the other factions have to run their lives and they were given that

latitude and they screwed it up. >> that being said, dow believe that the goal in iraq should be democracy for that country or do we have to be more explicit and after so many years of operating in iraq, that we want a pro western, pro government in place that we are willing to do the work to achieve that? >> in the end, it is not our decision on whether a country is pro- democrat or pro-western. we want a government that we can work with and that includes a government is not oppressing the minorities. the current government there has done that. and that has to change before we play an effective role there. >> how does that change? >> that's what secretary kerry is trying to do and using the

leverage and the offer of military support in the fight to encourage all iraqi groups and particularly the iraqi shiite, they are in the seats and running the government to find a new leadership and approach to the sunni and arab and kuredish minorities rather than pushing them under and try to cooperate with them. there is no other way forward and no way to take the isis territories without the help of the population there. >> concern about the shiite government having ties with iran. and we are up against a time line for action. more and more isis gets in the areas hard tore get them out. what time line do you see with achieving the goal? >> all sunni areas was going to

fall to isis. the issue is does isis push in the shiite areas. we have more time to fine out how to make a exclusive government. it is a problem with the lack of relation to the sunni and kuredish citizens. >> thank you. cell phone fees beware. kill switches are out to stop you. microsoft and google following apple and samsung working to incorporate a kill switch in the next versions of the operating systems as phone thefts reach an all- time high. claudia? >> reporter: jon, according to consumer reports, thieves stole more than 3 million cell phones in this country this year and double the year before. here in san francisco, police say half of all robberies

involve taking of a smart phone and resolid overseas for big bucks. we are seeing political efforts to push back from the wireless industry that said it already has one. when shannon kim was mugged. they were after her eye phone. >> i had two bags on me and they didn't take anything else. and they had to violently beat me for it. >> reporter: the bill will force a kill switch and allow the customers to log and stop the device. >> it is not worth their time and effort and risk to rob you of your smart phone, because if they do, it will be worthless. >> reporter: apple, and google and samsung and microsoft pledged to put uniform anti- theft technology.

and blasting leno's effort. saying if it is on a state by state basis. >> but leno said users would need to activate the kill switch feature. >> some will not know about it and the criminal will continue to take the chance that robbing you of your phone will be of value. >> reporter: congress is considering federal legislation called the smart phone theft legislation. states are taking on the issue on its own. minnesota has a kill switch law there and california and illinois could be next. >> 3 million thefts a year. claudia cowan, thanks. >> and israel security forces finding a group of teenagers miss nothing the west bank. one of them is a u.s. citizen. officials believe that the terrorist abducted the boys.

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>> coming up on the real story. we have in our hands a new report on the rva scandal. we'll try to explain. and plus, there is a police department trying out and doing a pilot program on military

grade electric bikes. and plus, check out the chomper. a shark tries to take on a boat. did the people make it out okay. >> a sud anies report sentenced to die because of her faith. the court threw out the death sentence and released her from prison. she was put behind bars after she married a christian man. she was convicted of turning her back on muslim faith. she was raised by a christian mother and maintained she always was a christian. >> and in egypt journalist behind bars from al jazeera. human rights said it is a trial

that is a sham. >> iraq is not the only middle eastern hot spot. israel security forces are going house-to-house in the west bank. searching for three teens kidnapped more than ten days ago. one of the missing boys, holds dual american- israeli citizenship. conner? >> reporter: the israel officials and families of the three boise are holding on to hope they are alive and well. it is 11 days since they were last seen and kidnapped. there is no word of their location or condition. t the boys were hitchhiking back when they were taken. so far there are no demands from the kidnappers and only add totz concerns of their families.

>> it is hard to breathe. we are trying not to think of the details and what they may be going on through and hope to be optimistic that we will see him soon. >> israel troops launched a massive search in all of the palestinian- west bank and israel security officials know for certain that hams was behind this and offered no evidence and public support. and crack down turned violent and dozens of palestinians are injured and four are dead all of this as tension between the palestinian's reconciliation with hams. palestinian prime minister a bas condemned the kidnappings and his government is helping with the search. israel security officials are moving in the second phase.

what that means and how it is different from the first phase is not here. how long they continue to go door-to-door is a question as to where the by's location is. there is a lot of concern here in israel and u.s. >> it doesn't take much to smashing trouble in that part of the world. back here at home a hot air balloon forced to make a landing here in a neighborhood. how the ridings are doing now. next. hoo! [ male announcer ] prilosec otc is the number one doctor recommended frequent heartburn medicine for 8 straight years. one pill each morning. 24 hours. zero heartburn.

a surprise in the sky over a residential neighborhood outside portland, oregon. a hot air balloon making an emergency landing in the cul-de-sac sunday morning. after the balloon hovered for a few minutes, it eventually set down right in the middle of the

cul-de-sac on that street. nobody hurt, no immediate word on why they had had to pick that of all places to set down. the balloon had been taking part in a festival at a nearby park. at the world cup, america's gearing up for a crucial game against germany. bryan? >> reporter: last night, what an exciting night for soccer. millions of fans in the u.s. watching at watch parties in new york city and chicago and here. the stadium was rocking with well over 20,000 american fans. they were watching the game. we all saw it last night, a win against portugal would have guaranteed a trip to the next round of the world cup. but up 2-1 with just seconds left in the game, portugal scored the tying goal and this was the reaction from u.s. fans here at the stadium last night. >> the wind was taken out of all of us. all we could hear from

portuguese fans. it was not the way we wanted to end the game. that was a gut punch. that was a real gut punch, man. >> you can't say the words that came out of my mouth. it was heartbreaking. it would have been better to come from behind than to lose that way. >> reporter: yeah, heartbreak, gut punch, that all sounds like. jones brought the u.s. back 2-1. but in the last few seconds a glorious pass fror the head goa. all the usa could do was put their heads down and sigh. the entire nation. a heartbreaking tie. but usa fans are still optimistic and full of spirit. listen to this. >> if you would have told me before the world cup that we would be in this position, i would have taken it in a heartbeat. >> i'm very happy, very proud of our guys. they did their job and they

played well so they should be proud and one nation, one team. we're going to go through. >> keep the faith. keep the faith. there's one more game. >> we believe, man. >> there's one more game, we're going to take it and be on to the knockout round. >> reporter: keep the faith. we believe. that's right. now listen, this game on thursday means a lot. at 12:00 p.m. they'll be playing germany with a draw against nermner germany, team usa moves on. with a win they move on. if portugal and ghana draw, they move on. the worse thing that can happen for the u.s. is if they lose that game. then things become more complicated. but all eyes on that game on thursday. it's been an exciting world cup. we know team usa has showed up big here and so have the fans. >> made me a fan. bryan, must be exciting to be there. i look forward to seeing you with the face paint on thursday. >> i can do that. >> we can get makeup. we have that whole department

that can help us out. hey, we've been asking you in our "america's asking question of the day," what would you ask the new commissioner of the irs? he will testify before congress tonight. some of your responses when we come back. t!

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oh yeah, and frosted! what's your most favorite of all? hmm...the kind i have with you. me too. big hearing tonight on the hill. irs commissioners back in front of another house committee. >> could be fireworks. >> definitely could be. we asked you what you would want to ask the irs commissioner if you were in the hearing. we had had some very interesting responses. this one -- i would ask him what would happen if all americans claimed their hard drives crashed and they lost their financial records? would they be penalized by the irs? perhaps there is a double standard. >> buffalo lee who is no relation to jenna lee says, i would like an explanation as to why the republicans in congress have been so ineffective in getting results from all the investigations. i understand that some like the irs require more info. is that the case with all of them? are we that ineffective? >> it is a good question as

well. a lot of questions about how do you hold the irs accountable if there is no special prosecutor appointed by the justice department. there is still a big "if" about whatever happens. >> supposed to be a non-partisan organization accused of taking sides. >> we'll see what happens tonight. meantime, thanks so much for joining us today. >> "the real story" with gretchen starts right now. we start with today because secretary of state john kerry arriving now in jordan after meeting with political and ethnic leaders today in baghdad as the violence spirals out of control still in that region. hi, everyone. hope you had a great weekend. i'm gretchen carlson. welcome to "the real story" for a monday. isis militants locked in a series of deadly battles across iraq and continue to press toward baghdad. this week alone they seized more for towns in the west as well as two border crossings with jordan and syria. we are hearing a key hydroelectric dam may have fallen into their