ground and coming back, how do i get him to pick it up and bring it to me? >> i'm sure there is a youtube for that. don't you think? >> i want my people to help me. >> send your advice on over. bill: there is alarming new data on the state of the u.s. economy. the economy shrunk almost 3% from january to march. that's the biggest contraction since the recession began five years ago. what's up with that? another big story, looking like a big win for a long-serving republican senator. six-term mississippi senator chad cochran with a narrow win

against chris mcdaniel. the runoff was so tight the challenger may not be giving up. really? martha: good morning. senator cochran beat chris mcdaniel by a slim 2% margin. there was 6,000 votes between the two. >> what we have tonight is a consensus and more and better jobs for mississippi workers, a military force and the capacity to defend the security interests of the united states of america. >> this is not the party of reagan. but we are not done fighting. and when we are done it will be.

martha: very tight race. john rob earth is live in jackson, mississippi with the details. what happened last night and why is it it may still not be over? >> reporter: chad cochran never thought he would be in a race this close. but mcdaniel was incensed that had cochran came out to beat him, because of the number of democrats who came out to vote for him. >> they can take some consolation in the fact they did something tonight. by once again come present miegs and reaching across the aisle and abandoning the conservative movement. >> reporter: sources of the

mcdaniel camp will start to scrutinize voting precincts in heavily democratic precincts. what they will be looking for is people voted in the democratic primary june 3 then crossed over to vote in the republican runoff. if they find evidence of irregularity all of this can end up in court. and there is precedence for that happening. the precinct we were at, we found a lot of democrats working for that cochran but preeg sing workers were scrutinizing people po to make sure they didn't vote democratic in the pry mayory and one poll worker said there were no signs of irregularities. mcdaniel may have a big hill

to if he challenges this. martha: what was that cochran think? report rrp as far as they think it's over. >> this is about getting the 51 and getting harry reid out of the majority spot in the senate. reporter: mississippi wakes up with a deeply divided republican party. all those people who vote for chris mcdaniel are so angry they stay home. martha: the whole process was tougher than he thought it would be. bill: the battle is in the senate come early november, the first tuesday in november. republicans 45. the bam of power foredemocrats. there are 53. but you have got two independents, the caucus in

general with democrats. what do the republicans need? 45 the magic number. this is something we'll key in on. the number is six. whether they can get that number, a lot of places we have been talking about. martha: we'll be tbrawchg now until november. bill: will republicans take control of the senate come november? the numb number is 6 and we'll see if they can do it. martha: interesting politics the way cochran worked on his campaign. we'll see. so meanwhile the vote is too close to call in the new york

democratic pry mayory. sharply ranklcharlie rangel. >> you can rest assured all i will be doing is thinking about you and bringing these resources home. martha: his challenger has yet to concede defeat. >> we think it's prudent to wait for the final consultants until we make any announcement. but i want to thank all of you for the efforts you put into this race. bill: from oklahoma, congressland james langford and

former oklahoma char shannon. >> the job is clear, we must get rid of obamacare. when i go into see my doctor, i want to see my doctor, not uncle sam and my doctor. just my doctor. we have to reveal this and we have to bring conservative solutions to bear. we have to get rid of harry reid and that means we have to send republicans to the senate. that republican is jim langford. >> reporter: langford is vying for the seat of former senator tom coburn. what happened to two years worth of emails from lois lerner. a new fox poll an

overwhelming ma joaferlt americans don't think they were lost accidentally but someone destroyed them deliberately. the push for more details continue as lawmakers question former irs attorney general for o'connor who works as an attorney in the white house. >> you declined to come here voluntarily so we subpoenaed you. it's important that you are here. they hired you as soon as we said we want a bunch of documents, correct? >> the acting commissioner -- >> yes or no, you are a hostile witness. were you hired? >> i'm not a hostile witness. >> yes, you are. >> once they got the information the emails in that critical time frame were lost do you know if the white house told the justice

department and the fbi? bill: the temperature got hotter from there. byron york chief correspondent and fox news contributor. they are thinking the way the republicans on the committee are thinking. >> 2/3 of independents believe the irs is not telling the truth. the republicans will look at that poll and say we have public support to keep pressing this investigation. bill: 74 per se yes, congress should continue investigating. also the irs scandal and the va scandal. did the president learn about it in the news. 67 per se no. weep watch these hearings. we see darrell issa.

they are dramatic to watch. what's happening behind the scenes to find out where the evidence is to obtain the emails to capture them as evidence. >> the show you see is one thing but the investigation is moving into a behind the scenes technical phase. everything we know about the disappearance of these emails we know because the irs told us. and that's not good enough for congressional republicans. over the weekend it didn't get a lot of attention. but darrell issa sent a letter to the irs with 61 demand for information. they want to know the make, model, style of hard drive. they want to know what kind of failure occurred. what about contractors and vendors, they want everybody from the outside who might have worked on the irs system. they want the bar code to lois

lerner's computer. this is getting way down into the weed as house investigators try to reconstruct what happened in the irs and not the irs version of the story. bill: byron york from washington. thank you. martha: we are waiting for what could be some major supreme court ruling that could come out starting today. there is a live look at the high court. one of those ruling we could get is the hobby lobby case which challenges the obamacare conception mandate that requires employers to provide free conception as part of a health policy. among those would be trucks that could trigger abortion. another case is whether the police are able to search your

cell phone without a warrant to do that, and whether those who stay at home to care for disabled relatives or friend could be forced into a union. three very big decisions. >> another funnel cloud forming over this town where a massive twister touched down. it's a major american city. martha: some tough new poll numbers on how much the president is handling foreign policy. is the united states losing standing as the world's top power. senator marco rubio joins us on that. >> a convicted murderer is on the loose after he escapes from prison. >> who has he threatened? >> he was threatening me and people that have -- that's

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he was a matted messiley in a small cage. ng day. so that was our first task, was getting him to wellness. without angie's list, i don't know if we could have found all the services we needed for our riley. from contractors and doctors to dog sitters and landscapers, you can find it all on angie's list. we found riley at the shelter, and found everything he needed at angie's list. join today at angieslist.com martha: big news breaking just moments ago. it's all over the wires and twitter. diane sawyer will step down from anchoring world news tonight.

she'll take over enterprise reporting the way it's being reported this morning. with barbara walters stepping out of some of those responsibilities diane sawyer will take over. george stephanopoulos becomes the chief anchor of abc news. bill: new polling numbers about where americans think we are heading as a country. i talk to senator rubio about that and more. 80% of americans believe we are losing standing in the world as a country. do you feel the country is slipping? >> i feel we have lost our standing in the world. it's not a permanent condition. we can reverse that. but our ally find us to be unreliable and our ally find us

to be weak. it's very reminiscent much where we were. bill: you can go after the isis in iraq. but are we ready to do that? >> our engagement is not about rebuilding iraq or refighting the iraq war. this is about preventing a group that has the ambition and ability to attack the united states. if we do there will be another attack on the homeland and it will be by isis. we have ally in the region who have doubts about our long-term commitments to them. the willingness of this administration to allow iran to

enrich uranium. in asia they find us unreliable. in europe nato has lost purpose. and in latin america, we just ignore it. bill: back at home we have got the irs. george will argues it's bigger than watergate. >> now, if richard nixon did what connelly recommended he would have served his full term. something happened with the burning of the tapes of lois lerner. >> he's right this could be bigger than that. the richard knick richard nixon. this is one of the biggest agencies in america.

an agency that can ruin your life and put you out of business. if they have the ability to cover up criminal activity we need to know about it. unfortunately the irs is less than cooperative. bill: you said the obama presidency is effectively over. >> certainly i think he's quite limited to be able to propose a legitimate agenda given the fact that he's lost the confidence of the american people and our allies around the world. we don't want the president to fail because that would be a failure for our country. but it's incumbent upon to us step up and offer ideas for the future and have someone in the white house. >> in the accepting term of george bush you said you had a war time president, an economic meltdown much 2008? >> this president is not interested in working with

others. you disagree with him he accuses you of not caring. they are not looking to work with other people, they are looking to divide americans in an us versus them mentality and it had a devastating impact on our ability to solve problems. >> you also made a comment about the irs. the media is not covering the story. >> fox news covered it, but it would be the lead story in virtually every newspaper in america if this was occurring under george w. bush. because it's under barack obama it's covered as a nuisance, not a legitimate cover story. bill: finding economic security in insecure times, what's that all about? >> the american people are as insecure economically as they have ever been.

the administration has failed to find answers to their problems. we need a new direction, a new reform conservative agenda that shows people how limited government fan free enterprise can reclaim the american dream for more people than ever before and that's what i hope to outline before. nor, thank you, we'll talk about. marco rubio, we appreciate your time from capitol hill. >> there is an ongoing manhunt for a convicted caller, a woman he held hostage calling for help. i bought a car, over and tells you, and you're like. a good deal or not.

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martha: a convicted murderer escaped from an arkansas prison.

police say he walked away from a work assignment. managed to break into a home and stole a shotgun. he briefly took a hostage before he escaped. he was sent to prison after gunning down his ex-wife. he walked away? >> reporter: it seems extraordinary and it seems that's exactly what happened. timothy buffington walked off the ground of the randall williams correctional facility south of little rock. he was on this work detail bussed -- busted into a house near the prison ground. then he took a hostage. once she got away she called 911. >> we need assistance.

he's armed and he will shoot. he as amm --and he has ammo andl shoot. >> reporter: he has been on the run for four days. no sign of him since that woman hostage was taken by him. given that he has a shotgun and ammo he's considered armed and dangerous. marcmartha: what is his history? >> reporter: back in 198 he shot his ex-wife in in the back of the head as she sat in a pickup truck with her boyfriend. he's 6'2". he has scarred on his left arm

and wrist. he told the hostage he just wanted to go somewhere and think. bill: dick cheney predicts the u.s. will not get through the next decade without another terror attack. martha: bill o'reilly accusing president obama of basically falling asleep at the wheel. bill: president obama did nothing, absolutely nothing. add that to the irs and iraq and you have a president who has done nothing.

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the world's largest organizations safe, they can keep yours safe, too. make it matter. >> this should be interesting. we saw that reviewed gdp number and it was dreadful. it showed the economy shrunk almost 3% from january to march. that number has been revised lower and then lower again and now lower yet again today. we'll see what happens here on wall street. happy over there. >> there is a new fox poll shows 2/3 of americans believe president obama was in the qualified enough in foreign policy when he ran for president in 2008. 64 per se h -- 64% say he was nt qualified enough.

bill o'reilly says the republicans were right about the president back then saying he's been mia. bill: they pointed out he had little experience running anything. that he was basically a community organizer. if you examine the facts without emotion that seems to be accurate. his management skill and problem solving ability are dubious. while all that was happening president obama did absolutely nothing. add iraq,ed border and the irs and you have a president who is missing in action. martha: allen, what do you think? >> here is a president who is about to be sued by john boehner

for doing too much. is he too engaged or not engaged enough. he's about to send 300 special forces in addition to other troops. martha: disengaged on foreign policy. >> the foreign policy got bin laden, got died leaders. i disagreed with going into iraq. but to say he's doing nothing or disengaged. on the surface and the facts don't support that. martha: let's take a look at one more poll. as to a number of polls, it's a trend we are starting to see in several of these numbers, best describes president obama's leadership. 58% say disengaged. and a lot of people believe this withdrawal from these issues -- this is coming from a president who said that engaging was the

most important thing that we could do. he said i'll sit down and talk with leaders of countries who are enemies. >> the strategy is he's deliberately not engaging so he doesn't get blamed. but that's not the role of america. the problem has went in instances in which the president has engaged. libya, partly in the middle east, it's following france. the. we do it in a way we support american power and leadership. that's the fundamental flaw. whether you agree with going into iraq in the first place. the militants have seen us back down in syria and egypt and iran. >> the french went into libya at our request. we are sending troops -- we should not be the world's

military force. we shouldn't be everywhere all over the globe leading in the people -- martha: alan you agree with the president of the united states. he made it clear the united states is "a" super power, it doesn't need to be "the" super power. but the results of what we are seeing is a vacuum being filled by groups like isis and syria and iraq. >> it's not our job to fiction thing that have been centuries in the making. >> we helped create that problem in 2011 when we withdrew our troops from iraq. we had a status forces agreement that would have maintained the peace. but we couldn't get that agreement. martha: we have an agreement now for our 305. so the idea that we couldn't get an agreement is i think off

base. it has been made perfectly clear ... what we have failed to do diplomatic all is to control maliki. as a shiite he has put out from any sort of national government the moderate sunniss who now do not trust us, who now view maliki as iran's puppet and have lost confidence. >> we should never have gone to iraq in the first place. martha: does it matter right now? >> yes, because engagement in this part of the world is a mistake. martha: we have isis which has taken over control of a large part of syria and iraq. this is a group that threatens. do you believe they are not a threat to the united states. >> at this moment they are not a

threat to the united states. >> alan you are in the minority of opinion. even the democrats say isis includes syria, levant. >> there is no threat to the united states or the well being of this country. we have no business in the middle of a sectarian war. martha: does it not con southern you that the strongest ally these forces see are iran and russia. you have a group that is forming that we are not part of in this situation that really does not have our best interests at heart which could be very powerful. >> iran than iraq were allies before we went in there. it's not our problem. we should not be involved in at this point.

martha: we have got to go. >> we talked about the president's preparedness for the job. hillary clinton who was the one in the primaries who ran that ad, the red phone ringing and who do you want answering it on the other end of the line. martha: tony, very nice of you to mention that. thanks, guys. bill: one of soccer's best strikers becoming known as a biter. lurks is suarez accused of taking. >> cheung out of a defender's shoulder.

martha: right there, you see the bite? bill: he went for it. a lot of bone in that area. apparently he has done it three times before. his model is mike tyson. suarez no comment. he could be out of the next game against columbia if not the world cup. the on thing that matters is 12 noon eastern time thursday team usa against germany. martha: we are having a field trip to watch the game together. take a couple hours off work and watch the game. coming up, a twister touching down in one town. the path of destruction that massive storm left and where this weather is heading next. bill: the former vice president

dick cheney says the next attack on america could be worse than 9/11. >> what we are faced with now is -- remember all they had were airline tickets and box cutters. and you're talking to your rheumatologist about a biologic... this is humira. this is humira helping to relieve my pain. this is humira helping me lay the groundwork. this is humira helping to protect my joints from further damage. doctors have been prescribing humira for ten years. humira works by targeting and helping to block a specific source of inflammation that contributes to ra symptoms. humira is proven to help relieve pain and stop further joint damage in many adults. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal events, such as infections, lymphoma,

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student from bringing in cup cakes to celebrate birthdays. they are trying to curb students' sugar intake. one parent says it ruins the fun. bill: former vice president dick cheney warning a massive attack to hit the u.s. at any time. and will have the potential to be far deadlier than 911. >> the whole problem of terrorism is difficult because of the proliferation of it and the problem is the developing possibility that sooner or later some of them will get their hand on deadly weapons. pete, nice to see you again. his comment, what could you think of it on the surface.

>> what dick cheney understands is the price of freedom is eternal vigilence. what he understands is no one onen the watch in iraq. he knows our enemies are seeking these most dangerous weapons. isis declared they have nuclear weapons. bill: they reported they have stingers and other people pushed back and said we would never leave a stinger missile behind in iraq. on the nuclear device, we were warned with that 15 years ago. >> i think having a caliphate one by syria makes that possibility that much more likely. when they have a place to stage, to plan, to plot and the ability to reach out to others as died has spread and regimes that are

fragile you have the opportunity potentially to garner that kind of technology. they are making claims about seeking it and wanting to. folks have said before what they want to do and how they have to use weapons. >> it's a regional issue. it's not just iraq. it's iraq and syria. they set up this calgate fate. so the capital is ramadi, now we know where they live. they become an easier target for us. what do you think of thatn? >> they do if we have the will to deal with that. look at pre-nine afghanistan. you had the government hosting died. this would be the government being al qaeda and operating as well. they are not going let us know where they are if we don't have the intelligence to know where they are. we can't find them.

what if we are not willing to take it and enter and do something about it. pill * if we don't have the will to do something about it. >> i think that's the deficit of this president. bill: how do you see this administration. is the will there or not? >> the will is not there. the 300 advisors will do some good in the help of training. but the lines are drawn between isis and the iraqi government. it won't tip the scales, or tip the balance. i don't see the will from this president and that's why i think they exploit this vacuum. when you go back to vice president cheney. iraq may be a frustrating place. the reality is today there are folks plotting to strike us and believe what the 9/11 attackers believe is a place to do so.

bill: one more point. he believes the military is in decline. are we? and are we now at a disadvantage to carry out what you are talking about? >> i would ask our viewers to ask some one in the military today how they feel, what their sentiment is. there is a freeing u in the ran. they don't see a strategy. they see cuts to the department of defense. or $17.5 trillion budget explodes. you have got some morale issues inside the force. they wonder why are we giving away all the gains we made. bill: this is not going away, when know that. thank you. martha: after a bitter primary battle had cochran ekes out a narrow win over a tea party

challenger in a his runoff. what was his surprising path to victory? bill: a museum in a galaxy far far away. it pay tribute to "star wars." dave, it's been a while.

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bill: george lucas select the windy city for his location of movie art and memorabilia. it will house some of his personal collection.

he has a number of norman rockwell paintings. it will open in 2018. martha: i have a couple of darth swraider helmets in my basement. we have had a lot of tough weather lately. this is an ef1. it touched down just outside indianapolis yesterday. the wind speed were estimate at 100 miles an hour. severe damage to homes and knocked out the power to homes. thankfully nobody was hurt. other parts of the country are bracing for this part of the country. maria molina has the outlook. >> that tornado ripping through parts of can indiana yesterday. in was no widespread tornado

expected across the state of indiana. but it just takes one storm to produce a tornado out there and that's what we are expecting to see today. with that of that produced the of. it's moving eastward and there isn't a widespread severe weather risk expected with it. but we expect showers and thunderstorms across the northeast. taking a look at the future radar. we are still looking at it rolling through parts of the northeast and that will continue through wednesday night. we do have at least a couple days here of parts of the northeast dealing with areas of heavy rain. so that's the area we are looking at for heavier amount of rain, potentially flash flooding. there are flash floods in effect. farther west we could see an organized area of severe weather. not on today but over the next several days as well. anywhere from southeastern parts of moth into eastern colorado

then thursday take a look at this. slightly toward the east, this will be a relatively slowh-moving storm system. the dakotas down to kansas and nebraska. look at that risk for severe weather yet again. large hail, damaging wind and isolated tornado will be a concern. >> you have got to pay a lot of attention. sometimes you don't know when these things are coming. reporter: new numbers on the economy. the white house is pushing back. the gdp numbers dreadful. how does america pull out of its slump. stuart varney on that. martha: we are expect something major rulings, hobby lobby any time now. we'll bring those to you as breaking news when they happen. we'll be right back.

>> so the supreme court is in the final stretch before their summer recess and they have

really big rulings that could come down before the end of this term. welcome to a brand new hour of "america's newsroom." i am martha maccallum. >> and i am bill hemmer. a lot to watch out for. six major cases to be decided still on the most important issues of the day and the court will hand down the rulings starting today. we have a little bit on monday. so we will see if the big ones go down. shannon brim is on standby. >> reporter: there is one thing you can set your watch by and that is 10 a.m. eastern time the opinions are being handed out. we have runners inside. they all come running out to be the first to get at the opinion. the biggest one is the hobby lob lobby. this is the challenge to the contraception mandate. they are a family-owned, for-profit corporation, not a religious group. they object to the four of the

contraception methods their employees are supposed to have access to because they believe they can trigger abortion. we are wait on a test of the president's power when he appointed people and it was said congress wasn't in session but they say they were. >> if it isn't today we will see you tomorrow. big political story is one they are calling the political equivalent of pitching a perfect game. thad cochrane is calling his

victory a group effort. >> you are the ones that helped resolve the voters knew they were important to this election. it is a group effort. not a solo. we all have a right to be proud. thank you very much. thank you for this wonderful honor and challenge that lies ahead. thank you very much. >> fox news chris stirewalt is like from washington with more on this. he didn't look like pitcher but apparently he pitched a good game. a lot of countries were big surprises in this. what do you see in the politics? >> it is remarkable to force an em -- imcumbant into a run off

was a big deal but the fact he won it by growing the elector e electorate. usually it gets smaller, but what the groups supporting to senator was get out the vote among democrats and non-traditional republican voters, juiced the turnout and won. >> how did they do that, chris? he did very well in african-american counties. how did they do that? >> democrats like spending. and they talked about that was a point on which senator cochrane agreed and thought spending money was a good deal. republicans don't like spending or bigger governments. so as ty cobb said was hit them

where they are not. so they found a way to appeal to democrats on big spending. >> everybody in the races is analyzing all of these elections trying to figure out the winning combinati combination. what is the take away for the big picture. >> you ought to leave that to us on how to win the county. the thing that controls the year is who controls the senate after the elections. if the republicans take the majority, the president is forced to the negotiating table. what happened last night in mississippi will help the republicans win. also out in colorado, the republicans picked a very electable slate that puts the democrats on defense for that senate seat. you see bad numbers for the

president, tough economic numbers, the climate and personal indicate good republican chances. so big win for the gop. >> when your name becomes a verb -- when you can become todd aikined there might be something you did. >> what do you thing on your mobile devoice or at home? will the republicans take the sentate? they need six. mon tana, south dakota, west virginia, arkansas, and louisiana. we will put a flow chart together. >> the magic number is six. we have a health alert on the economy. commerce department said the economy shrank from 3% from

january-march. that is the worst showing from the start of had recession involve years. stuart varney here. put some lip stick on this pig. >> that might be kind of difficult. let me give you the numbers. we are shrinking and the american economy is smaller than it was. sales down, orders for big ticket items down. it looks grim and these numbers were a real shock. we were not expecting anything that bad. in response, the white house is saying this decline in the economy is accounted for by lower spending on health care in the first quarter of the year. that is an interesting argument. the argument being the success of obamacare shrinks the economy. you could explain it by saying we face higher deductibles so

people were not going to the doctor. they got the health care spending in the latter part of last year to avoid the bigger charges. >> do you buy that logic or is that too twisted for a former english guy even? >> no, it doesn't work. you can say part of the blame lies with the bad winter. you can say part of the blame lies with lower health care spending. but this 3% drop in the size of the economy in a three-month period can't be explained like that. there is something deeper going on. it has to be a policy failure, to some degree, of the obama administration. what happens if we slide into the recession or slowdown as we are? what happens? what are we going to do about that? we cannot print up another trillion dollars. it won't and didn't work skwc t

skwchlt -- and the -- deficit will go up big if we go into the a recession. what will the president do? raise taxes? that will not fly. we are in a hole and the numbers are grim news >> it was revised before that. you look around new york city is the cranes are coming back on the skyline and that tells me there is construction in the town. you could have gone for four years without seeing the cranes. so that changed and gives me the idea there is movement in the economy. >> in certain places, yes, you see the cranes appearing and construction is back. but for the vast majority of americans their spending power is declining and they are not getting higher paying jobs and this is the worst shrinkage in a

non-recession period in 58 years. you cannot explain this with weather and health care. >> we will have another discussion about the net worth of americans and whether or not the saving account is where it needs to be for their own long-term economic health. the obama administration announced plans to allow for the first exports of unrefined american oil to flow from this country in 40 years, since the 70's. two companies will ship oil from south texas. analyst say it could pave the way for others to start shipping oil out of the u.s. big news. lawmakers digging for answers in the irs matter. some say the disapireance of the e-mails is a criminal act.

>> what happened in your agency is a crime, i believe others are involved, i believe the ones missing would probably give us the ability to establish that and i believe someone undertook criminal act in destroying them. >> that is michael turner and he is live with us. and a woman freed after a death sentence because she is a christian has been detained when she thought she was going home. plus this: >> can't we all just get along? >> that is a lovely moment. >> that is a lovely moment.

when folks think about what they get from alaska, >> that is a lovely moment. they think salmon and energy. but the energy bp produces up here creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america.

sudanism

>> a sudanism woman sentenced to die for bogue a christian a back in custody after being released to leave the country. sudan said she didn't have the right documentation. >> do you buy this explanation from the people and do you think

this is harassment or concern? >> i don't have the details to make that judgment. we are focused on working the government to get them out and they had they would work with with us. >> some u.s. senators are asking the president and john kerry to get involved. the u.s. official who was in charge of archiveing all of the federal records said the irs broke the law when they didn't report lois lerner's computer crashed. >> is it fair to say they broke the federal agency act? >> any agency is required to notify us when they realize they have a problem that could be

unautho unauthorized disposal. >> can we assume they broke the law? >> they didn't follow the law. >> michael turner was in that hearing and welcome to the show. you claim they broke the law by destructing evidence. >> there are two issues. what are these e-mails? they were a year and a half targeting and six months into the targeting. e-mails from lois lerner from outside of the organization. so if there was criminal behavior they will be in the e-mails. the archive person is supposed to be notified for the purpose of retrieving the e-mails.

leaving them out, one of the options for recovery has been lessoned. >> what is the recourse? did you believe that there will be any action taken at the debarment of justice? >> there should be. i pressed the commissioner they should go to the fbi. currently they are only looking to an inspector general investigation. the archive is taking an internal review of the irs decision making are respect to the e-mails and if they conclude laws that be broken they will refer to to the department of justest to commence action. there are a number of avenues in play but i am concerned the issa isn't taking this seriously. >> it comes down to the accountabaccoun accountability. when you look at this and you have two potential law-abiding actions you are living in a

situation where you have a government that is not a checks and balance situation. if you send it up to the authoritys and say we believe a law was broken and they say we don't care, where is the check and balance in the constitution and situation? >> i believe a special prosecutor needs to be appoi appointed. the department of justice isn't stepping up to the plate, the commissioner by saying that the irs is doing internal reviews is clearly not allowing for the integrity to be restored and for the american public to get a true understanding of what occurred. >> in terms of this, i think a lot of people have the impression when john took over he was going to shake the tree and figure out where the loose apples were. but from the hearings we have seen people in the polls don't

show that is the case. is there congress has in terms of replacing him? >> we cannot. but he said he has no evidence of a crime but can't commit to saying a crime wasn't committed. ahead of an agency like the commissioner should take that as an indication he should look to outside sources, the department of justice and the fbi, to see if crimes were considered. i believe those investigations should be moving forward and the white house should be stepping to the plate. >> and the director of the fbi can't institute that? >> the commissioner can pick up the phone and call the fbi, the white house can direct it, the department of justice. there is a number of areas this could be investigated. >> we will see. so far not too much happening.

thank congressman, turner. we have gotten a ruling from the justice that will affect the future of television and we expect the decision on whether or not police can use your cellphone without a search warrant. these are big decisions and they are out now. we are live with shannon breams who is going through it. you have the supreme court and then this. paddle borders with a close encounter of a terrifying predator and incredible video they got to prove it. check that out.

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>> two major decisions handed down and live to the supreme court. the first one has to do with a cellphone case and it addresses the question of whether or not police officers need a search warrant before searching your phone. >> if you have been arrested and they find a cellphone on you they have to get a warrant. the chief justice wrote this and said our answer to the question of what police must do before searching a cellphone seized in an arrest is simple. get a warrant. so he said and this was argued as well when they had arguments at the case. today's cellphones are different.

you have apps with bank and medical records and information that tells where you have been and the court acknowledges that is helpful information to fight crime and this is going to put up an extra barrier for the law enforcement. in the cellphone decision two cases were combined. they say if you arrest someone you cannot search the phone without a warrant. >> the justice ruled what again? what was the number? >> 9-0. >> the second deals with a company trying to remake television. >> the case is involving aero and they provide a service that let's you watch live television programming via the internet. so if you are at your work computer or traveling you can

view it. and the networks said this is our original program. it is a win for the television companies. it gives the owner the exclusive right to perform the copy righted work publically. 6-3 in this opinion was decided what aero was doing was performing copy righted work that someone else owned. they have sent the case back to the lower court and said we don't see a way that aero can win based on the way the case is written. so the case is alive but a big loss. >> who thought you can go ahead and do that and take someone's property?

>> what scalla said is share the court's evident feeling that what aero is doing ought not to be allowed. so he is on board with the principle but he said the way they have read the law wasn't correct but he agrees with the underlying premise of what was happening here shouldn't be all allowed to do it. >> could that live another day? >> you know, it goes back down to the lower courts for another round. but the way the justice have written this is it tough to see how they can win even with a tough argument. >> great job. under pressure, too. another constitutional battle brewing between congress and the white house. why speaker john boehner maybe on the verge of taking obama to court. >> and why an american patriot

could lose his home after fighting to keep an american flag on his door step. >> when i moved here, i loved it. but now it is more knit picking and friends and neighbors have moved out. i don't want to move. i don't want to move. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance

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>> president obama said he has a pen and phone and might need a lawyer. house speaker john boehner may sue the president to abusing his

executive power. mark hannah was on senator kerry's campaign and obama's and tyler is a communication expert. tyler, are we going to see boehner going after the president? >> i think so. and he should have done it before. he broke the law and exceeded his constitutional powers and used executive orders from tweeking obamacare to trading terrorist. this is something that must be done and it is provided for in the checks and balance. >> mark, i would like to be in

the conversation when the papers are served. >> i would like to ask tyler what laws are being broken by the president. this executive order is protected by the constitution and it has been enacted by, this president has offered fewer executive orders than any president unemployed -- in mordern history. you would have to go back to cleveland to find a president who has offered as little executive orders. >> what is the ground for the suit? we don't know and boehner's spokesperson put out a statement. but there are possibilities directing the labor to extend to same-sex couples, halting deportation for kids living in the united states, the house republicans have been pushing this and sighting changes the

president made for their own implementation. there is your foundation. does it go anywhere? >> and saying he issued viewed executive orders is like i broke more laws getting 25 speeding tickets instead of breaking the law. it matters what they did. >> let's talk about the quality of executive orders. in 2008, boehner urged bush to sign an excuteive order to protect this ship. >> but that doesn't break the law. >> boehner's team said the items are not trivial. he said the president has a way

of ignoring voters and exceeding authority. the house passed legislation to address this but it has gone nowhere in the democratic controlled senate. back to you mark. >> the two things those items have in common is whether decreasing pollution for public health needs which is in a accordance with the clean air act or making sure federal contractors are not making sure their employees are being paid low wages. they have support from the american people and congress couldn't pass legislation that forwarded this. so instead of trying to pass a law that would con strain the white house's power is typical of lawyers. he is going to sue the white house. >> tyler, wrap it up.

will this happen? >> i think it will move forward. it is a delicate process because there is not a precedent for it. sure there have been checks and balance suits but it is different. and breaking the law for public good -- obama is no robinhood. >> this is what we get with lawyers in congress. >> boehner isn't a lawyer. he is a bartender. >> son of a bartender. >> i am using his words right now. thank you very much, gentlemen. a veteran in danger of loosing his home for placing an american flag in a flower pot by his front door. the home owner association fined him a $100 a day and placed a lean on his property in jacksonville, florida. >> i want to go away.

they keep coming after me. they just sent me a letter saying i owe them around $8,000 and they put a foreclosure lean on this house. >> the law maybe on his side. there are several on the books that make it legal to fly the stars and stripes. what is with this association? don't they have something else to do? >> you can take the power plot. keep the flag. >> find something else to do. a federal judge revealing the no-fly list isn't constitutional saying passengers have a right to fly. what that means for your security. plus there is this: [singing] >> some call it awkward, some

call it poinance, you decide. we will be right back.

>> so they got $2 million for a piece of paper. that was the winning bid are bob

dylan's like a rolling stone. he blew them away. the buyers anonymous. we don't believe it was robert zimmerman, however. you know the key line? >> tell me. >> when you got nothing, you got nothing to lose. >> and there were notes on some leak -- lyrics -- he didn't like and he crossed them out. a controversial ruling on the no-fly list. a federal judge is saying a ban for people to fly is a ban of constitutional rights. lisa wheel and charles fader is here as well and he is the former head of the cia terror unit and knows his stuff.

good to have you this morning. let look at what the judge had to say. international travel isn't a mere convenience or luxury in this modern world for maybe it is a necessary aspect of liberties sacred to a member of society. >> the judge elevated the right to fly -- like driving -- and said it isn't a privilege but it is a right. it is part of your liberty to travel internationally. the department of justice says you can travel by land or sea and she said no this is a right not a privilege. >> yeah, this was a federal court decision. u.s. district court judge anna

brown in oregon. 13 muslims were branded with no-fly status and contested it. charles, what do you think about this? >> the real problem is we are talking about affording due process to people. we will see what that means and how it plays out but the information you used to put people on the list is coming from sensitive and delicate sources. so figure out a way you will afford people due process and give them access to information without compromising sources is tricky. >> they are claiming they are not giving what they feel is their constitutional right to contest this. i need to be off had list people are saying and they feel they don't have the means to prove that. >> they are not getting notice they are on the list. the department said if you

appeal you can go to court and get off the list but what these plaintiffs want is notice. so you are notified if you are on the no-fly list. >> which stirs up a lot because a lot of people are on that. and charles, everyone agrees no one who wants someone who is potentially dangerous to be flying on airplane and we have to use our intelligence to make sure that doesn't happen. but the list is sloppy and there are a lot of names on there and if you are one you are angry about it. >> i don't think there is any question to a certain extent the government brought this itself. people are tired of tsa horror stories and sloppy bureaucracy.

>> just fix the problem so the sloppiness isn't there. >> i think that is probably the answer. imagine you are in the middle of a sensitive operation, you have names and don't want people to fly, you they will have to be on a list and reach out and tell people. >> you can see where there is a problem for national security. but dzhokhar tsarnaev and his brother were not on the no-fly list. so there are people on there that don't need to be and people that need to be. it needs to be cleaned up >> it does need to be cleaned up

but i don't see a federal judge stepping in. >> it may get overturned. >> they have to clean up the list and they have to give people the right to not be on it but you can not tell people who should be on it that they are on the list because that bringsb problems to an investigation. >> barrowing drones like a library book is a reality at a major university. will the eyes in the sky be a learning tool or innovation of privacy? privacy? [ laughter ] smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq.

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>> i am jon scott. the gpd dropped 3% in the first quarter so whole we will talk about that. and the new fight over the presidency and the fight over vaccines and our friend larry s sal salvado is here on who wins control of the u.s. senate. nine minutes away. they duke it out on capital hill but a bipartisan group of lawmakers put their differences aside for a special moment of peace. don't you love harry reid in the middle of boehner and holding

hands with pelosi. they sang we shall over come. they celebrated the civil rights act. everyone across the board looks uncomfortable. i would love to have been when the aids to the members said by the way at the end you will all hold hands and sing. students at a college will be able to check out a drone from the school's library. the university of south florida has two drones and starting in the fall they can barrow them for school projects. our producer alan said what could go wrong? go to the library and check out a drone? for what reason? >> i thought the best thing you

could check out was blue-ray dvd. they only have two and they are expensive. $1500. hopefully they don't lose them. they are tough to control especially if you have not done it and they are prone to be lost. >> you told our producer you love this? >> i do. drones are amazing tools. they are intelligence and they can hover in place. they also have cameras. they can have gps and know where they are and you can use them for incredible stuff. >> if you are a student and want to do a project -- >> if you a film students and you want to do overhead shots. or you a biology student and you

want to study a bird nest that is 300 feet in the air and you cannot get to it but the drone can hover above it. i can name two dozen ideas. >> you are starting to sell me on this. i am warming up. what about invasion of privacy? >> it will take time to get good at this and the idea of filming people isn't going to happen. there is two of them so they will know who checks it out. if something shows up that is recorded to a drone they will trace it back to that person. so i don't see that happening. and there are rules. if they check it out, they are allow today fly it but it can't be above 400 feet or in

populated area. they take the video into middle of the busy city and post the video, the faa will come down on them. >> is that the faa rules or the south florida rules? >> no, the faa. there are strict drone rules but there are a lot of out there and that you can not be tracked. no commercial flying with only little bits allowed. >> if you want to barrow the drone you need to enroll in a training course. the library wants to stay relevant to a student's needs. >> you know, when you are trying to pick out the university you are going to go to -- and imagine check out a drone training program. mom, dad, i just found my university. it is exciting to see those

cutting-edge programs and it makes a big difference to figure out who is on the ledge. >> it is inevitable. >> embrace them. >> you know there has been a dramatic primary run off for six-term mississippi senator and he narrowly defeated a strong tea party backer. and the tea party challenger is refusing to go quite. what it means for the balance of power coming up. i take prilosec otc each morning for my frequent heartburn.

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♪. martha: so the city of oakland is about to legalize pinball, yes, pinball. the game was banned in the city for 80 years. who knew? the law hasn't been enforced in decades in basements across

suburbans areas of oakland. they acted more like slot machines in the '30s giving out cash to lucky players. bill: a little something, on that. we've got to run. martha, we'll see you soon though. see you on o'reilly and radio. jenna: we start off with a fox news alert. a historic reading on the health of our condition my today. first quarter gdp fell at an an equal rate of 2.9%. that was much steeper than was reported last month of the economy's worst performance in five years. most importantly, we have never seen this type of negative number, except during or just before a recession, since we first started collecting these quarterly gdp records back in 1947. a big number today. here is a look at wall street. some suggest this is evidence how bad the winter was for so many. we'll talk a little more about that, what it means about the state of america's economy throughout the day today.