tonight. miss megyn is warming up in the bull pen. i'm bill o'reilly. please remember that the spin stops right here because we're definitely looking out for you. breaking tonight, a in addition in crisis as we see frightening developments overseas and troubling new details on domestic scandals here at home threatening both this country and this administration. welcome to "the kelly file," everyone, i'm megyn kelly. one of the most frightening terror groups in the world is consolidating its gains in the creation of a new islamic state in the middle east dedicated to our destruction. as the obama administration tells congress they never saw this coming. maybe the president really believed this group was, as he called them, in january jv. that is just the latest bombshell in what has been a month long run of scandals and crises that don't seem to end.

consider the last four weeks starting with heartbreaking revelations that american veterans were neglected and mistreated at v.a. hospitals across this country, forcing the president's v.a. secretary eric shinseki to resign. within days, a new national outcry after five top taliban leaders are traded to terrorists in exchange for a captive american soldier, a soldier who is suspected of desertion. president obama stages a controversial celebration of sorts in the white house rose garden with the soldier's parents quoting from the koran and appearing to empathize with the taliban cause. next a chilling update from the southern border. more than 140,000 unaccompanied children expect to flood the country by next year, a crisis the administration may have set in motion itself and now seems challenged to stop or even slow. and then infuriating new development in the irs investigation, the tax agency that asks americans to retain

tax information for years reportedly losing, claiming to lose, thousands of critical e-mails from the woman at the center of the irs scandal and several other employees. now today news that the total output of u.s. economy actually shrank in the first months of this year, the weakest, the weakest numbers, and these numbers, this sort of shrinking number, not seen since the depths of the recession. well, we also see early signs of new fallout from the crisis in iraq where the terrorists have seized one-third of the country including some oil resources raising fears of crippled oil supplies invoking memories of shortages and the long gas lines of the 1970s. these events giving new voice to old warning from the president's critics. charles krauthammer was among them saying that the crises we see today are part and parcel of president obama's long-term plan to downsize america.

>> there's a big difference between decline as a condition and decline as a choice. what we have with obama is a president choosing decline. >> a former chief speech writer to president bush and fellow at the american enterprise institute and joe trippi, fox news contributor. thanks for joining us. of those items we just ticked off and we could go on, but those are the highlights of the lowlights depending on how you want to characterize it. which one -- jumps out at you as the most disturbing? >> well, they are all disturbing which is part of the problem. take that 2.9% gdp decline figure you had. that is the worst decline not during a recession of gdp in one single quarter since they started keeping statistics in 1949. so, i mean, this is seriously bad economic news and it comes on top of the v.a., on top of

the border crisis and top of the implosion of iraq. it comes on top of the epidemic of hard drive malfunctions at the irs, and that's just the last month. before that you had the syria debacle where we didn't enforce our red line. you had the obamacare rollout. there's just crisis upon crisis upon crisis. look, when your foreign policy is imploding when your economic policy is imploegd, imgrace policy imploding, your presidency is imploding. >> is this president implodeing? we took a look at this about a week and a half ago and asked whether the presidency was imploding. with all of these scandals and the polls coming back in terms of people's respect for the president, their trust in government, their belief that he can lead all at record low numbers. >> well, the presidency may not be imploding, but his favorability and approval numbers sure are, and that creates all kinds of problems in terms of getting things done,

not just that but has huge implications for the november 14 election. i know these are all serious problems, but in the end from a practical matter he wants to hold on to the u.s. senate and as these problems pile up and his numbers go down, that makes november holding on to the senate a tougher and tougher problem for him which then does cause the last two years of his presidency being a problem if the republicans have both houses, so, yeah, all these things matter, but the practical implication is -- is right now that it's empowering a positive republican outcome in november and one that's not going to look good for the democrats and then, of course, that goes back to the presidency for the last -- the last two years. it's not imploded yet, but his numbers are going down. that causes a big problem. >> you know, marc, we referenced the carter administration and the long gas lines and the general sense of malaise that president carter himself referred to when he was talking

to americans, and there are many americans out there who now feel as a result of all we're seeing that america itself is in decline. >> yeah. i don't think america is in decline. i think charles is right when he says there's nothing wrong with america but something wrong with our president. all of these crises are self-inflicted wounds. every president faced crisis. i worked for george w. bush. i understand what crises are like, faced the worst terrorist in american history, worst storm in history and the worst economic crisis and these are all self-inflicted, iraq self-inflicted, v.a., self-inflicted, irs, self-inflicted, the border, self-inflicted, things that he's doing so these are conscious choices that the president is making. another president can make different conscious choices. some of these things can be fixed. iraq, i don't know if iraq can be fixed by a change in policy, but at least jimmy carter changed course. after afghanistan he increased the military defense budget, he changed at very end. reagan defense increase started

under jimmy carter where there's no sign that barack obama sees the disastrous policies and he's changing course in any way. >> joe, do you believe that all we're seeing here is a result of president obama's policies or is it the result of something else, and, you know, when it's one scandal, two scannedals, even three scandals, well, maybe these are joined up, right, by the president's opponents, but there are so many and certainly the gdp shrink is not something joined up by anybody's opponents. >> no, but it's very similar to the end of the bush presidency. i'm not trying to come back at marc. look, iraq, the economy, all of it was unraveling in the last few years of the bush presidency. his favorables and approval ratings were in the tank, i think just about where obama's are right now. it's not out of the -- you know, this isn't a unique situation. i would have been saying -- making the same case against bush that america's making obama right now. >> let me interrupt you this.

let me ask you this, because, okay, fine on the overall poll numbers, but what we've seen recently with, you know, sebelius basically forced out, shinseki basically forced out, all this controversy about what's happened in iraq and that country now completely spiraling out of control and the president's team saying they were caught off guard. they were caught off guard and indeed in january the president called this group jv. here we are in june and iraq is all but lost and not to mention the irs, targeting conservative groups, eric holder who compl e completely misled the public. i mean, the list goes on and on. why is it that every main figure in the administration seems to be in the headlines in connection with another scandal? >> well, one of the things that i think this administration has gone beyond looking at the polls or even frankly caring about them at this point.

you are talking about the end of a presidency where they are looking -- they are looking at iraq and all these questions, not where they are in the poll numbers, but how do they deal with the situation. >> well, i get that, but that's not my question. my question is are these -- is it just reaching critical mass, or something about president obama? why are there 10 to 12 scandals now engulfing this administration? are they all made up by the opponents? >> look, i don't know that they are all made up by the opponents, but certainly having the opposition being as strong and coming after the administration as strong as they have does -- does matter. you know, look, bush had 5 million e-mails disappear on him in the middle of a legal question there. and this isn't tit for tat. they did it, too. what i'm trying to say is a lot of the scandals talked about

have gone on before. they are hitting this administration in -- like bam, bam, bam. >> like a prize fight, and the president is going down. >> marc, my last question for you. the polls show that the american public believe this president is disengaged. no longer into being president. unfortunately, he has to continue doing it, i mean, unfortunately for him if he is disengaged. you can't really be disengaged as the president. you're not really allowed. >> you're not allowed and especially when the world son fire as it is right now. i'm not going to get into a tit for tat with joe but there's a big difference there weren't 12 scandals at the end of bush administration. in iraq, bush looked at iraq and saw it was a disaster and changed course, change the the strategy and did the surge. where's the sign that barack obama is changing course on any of these things. >> yeah. >> he's just staying the course, as it goes, and the scandals are getting worse. >> all right, guys. good to see you. >> thanks, megyn. >> we have breaking news from iraq tonight where we are seeing the rise of the world's first

terrorist state and getting reports this group could soon have the run of the biggest military base in the middle east. colonel ralph peters is next on the big issue he thinks most folks are missing here. wait until you hear what he has to say. dramatic new twists in the irs investigation with new reports of the targeting of a top republican senator by lois lerner, and the irs itself now admitting that it broke the law for what appeared to be political purposes. >> so if it's true and applies to a taxpayers it ought to apply to the irs as well, agreed? >> is this a trial? is this a jury? >> administrative, civil or criminal, if you want -- if you want to go down that road, i'm happy to go down it with you, commissioner. h. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. our cheese is going thin in a big way. with our ultra thin slices,

the same natural sargento cheese you love, just thinner and just 45 calories a slice. sargento ultra thin slices in three new varieties. nobody ever stomped their foot and asked for less. because what we all really want... ...is more. there's a reason it's called an "all you can eat" buffet. and not a "have just a little buffet". that's the idea behind the more everything plan. it's more of everything you want. for less. plus, get the droid maxx by motorola for 0 down. get more with our best plans on the best network. for best results use verizon. ♪

in life, there are things you want to touch, and some you just don't. introducing the kohler touchless toilet. the no-touch flush for your home. but we're not in the business of naming names. the volkswagen passat is heads above the competition, the fact is, it comes standard with an engine that's been called the benchmark of its class. really, guys, i thought... it also has more rear legroom than other midsize sedans. and the volkswagen passat has a lower starting price than... much better. vo: hurry in and lease the 2014 passat s for $199 a month. visit vwdealer.com today. finally, the purple pill,

the #1 prescribed acid blocking brand. comes without a prescription for frequent heartburn. get complete protection. nexium level protection. breaking tonight, concerns that the al qaeda offshoots sweeping through iraq right now could soon have the run of one of the biggest military bases in the middle east. the group now moving towards the balad air force base formerly known as

most vulnerable but the administration did not act. the chairman of the house intelligence committee telling reporters today the current crisis is a policy failure, not an intelligence failure. >> we watched training camps get built and developed. we watched them get weapons we watched them get finances. we watched western passport holders show up at these camps. we watched it all. >> reporter: a senior intelligence official confirms that isis wants to strike american targets but offered no firm evidence of plotting. quote, we believe while their focus appears to be on their operation in iraq and syria, that they do have at least some aspiration and intent to target or to threaten u.s. interests. asked whether american recruits are now among islamist fight errs this is recent video west of baghdad, senior intelligence official said it's a given among estimated 10,000 fighters between iraq and syria, 3,000 have now come from other countries, many carrying u.s. or

other passports. the same al qaeda group behind the 2009 underwear bomb plot now has operatives in syria and is working with the official al qaeda affiliate there sharing bomb making skills as well as their operatives, megyn. >> catherine herridge, thank you. >> reporter: you're welcome. >> joining us with more is lieutenant colonel ralph peters, a fox news strategic analyst. >> hi, megyn. >> focused on iraq and day by day we see isis take more territory and see more and more americans get out of that country, where do we stand on iraq tonight? >> well, iraq has come apart. no one is going to put humpty dumpty together. secretary kerry and the state department need to get with reality. i mean, this dream that somehow there's going to be a coalition of sunnis and kurds and shiias that's going to save iraq. iraq is over. it's done, finish, so concentrate on interests, not on the al maliki government, the baghdad government's interests. what is in america's interests? >> what's the answer to that?

>> the answer is to prevent the emergence of the first terrorist state in world history. this isis has a clear goal, and they are well on their way to achieving that goal of establishing a caliphate spanning much of syria, much iraq and it would be a terror state. so it's absolutely criminal that this president has done nothing and is still doing nothing, and oh, by the way this, gesture, obama, as you know, megyn, he doesn't real like to make hard decisions. he likes to make gestures so sending 300 u.s. advisers to iraq cannot make a difference, but it certainly can put our people in harm's way for nothing. >> what of these 300 advisers? i mean, the president's defense, this is a hard decision to make, you know. you see partisans all over the board on this, ralph, because so many even staunch republicans, even some of the neo-cons who wanted us to go into iraq have

pause about us going back into iraq now. >> well, i'm not for sending the 82nd airborne division into iraq tomorrow, but let's see what air power can really do. i mean, the air force and the contractors are always telling us how wonderful air power is. frankly, air power can't solve this, but it sure as hell could hurt the terrorists, and the fact that -- i can tell you, we heard earlier from catherine is absolutely true. intelligence has been watching this build, watching isis build up for months and months. >> the white house claims it was caught off guard. >> the white house is lying! this president is a coward, and he won't make tough decisions to defend america, and, you know, at some point, yes, it's a hard decision. presidents are supposed to make hard decisions. bush was derided for saying i'm the decider, but megyn, that's what a president is, and i am not for willy-nilly foreign interventions everywhere in the world, but when you see the emergence of an al qaeda offshoot terrorist state in the

heart of the middle east that threatens our interests and will threaten america and our president does nothing whatsoever except send those 300 advisers, some of whom are in baghdad, probably safe. some of whom are in irbil up in the kurdish areas, they will be safe, but they are brave guys. they are special operator, but those guys, when we send them out in teams on the ground, the one thing they could do is help call in air strikes, but the iraqis will not defend them. they don't have the numbers or the strength to defend themselves and mark my words. if isis were able to grab one or several of our special operators and they will try, if they were able to, our guys aren't going to get the gentle treatment bowe bergdahl got from the taliban. >> i don't want to think about that. >> isis will go for beheading videos as recruiting tools. >> don't even want to consider this. >> this is a mess, absolute mess. >> if we don't do anything and if isis continues on the move, where do they go next? why should we believe they will

be satisfied with their caliphate in syria and iraq? >> well, they won't be, and that's a very important point you raised, megyn. their dream is of a universal caliphate, and they will push on. certainly push on into jordan. it will push into lebanon. they will continue to try to expand, but the -- the grim poetic justice here is that the financiers from isis really have come from the gulf states and from saudi arabia, and they thought that they could buy their way off, be safe by funding it, but as everyone finds out who tries to deal with terrorist organizations, it's like having a pet cobra. it turns on you evently, and i'm afraid that if, regrettably, if we don't act, it's going to be a disaster, and here's bottom line on all of this, all of this. when the united states is powerful and strong, the world complains, but when the united states is weak, the world suffers. >> ralph peters, thanks for being here. >> thank you, megyn. >> coming up, another federal agency tonight accused of

possibly violating the law, and they are now saying they can't produce the critical e-mails in this case because of a computer crash. it's not just the irs anymore. details next. plus a major lawsuit now targeting the president for failing to faithfully enforce the current laws while writing a few of his own, the pen and the phone. andy mccarthy has some surprising thoughts on this case just ahead. when you run a business, you can't settle for slow.

that's why i always choose the fastest intern. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator.

the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. . developing tonight, less than two weeks after the irs played a computer crash for wiping out evidence in a congressional investigation, it is deja vu all over again. today the e.p.a., yet another federal agency, says it, too, had a big crash, and cannot provide the e-mails critical to an investigation by the house oversight committee. why not, it's working for the

irs. trays gallagher has more from the west coast bureau. trace? >> megyn, the missing e-mails involve a controversial project to mine for copper and gold in alaska and critics say it will damage the salmon population and supporters say it will provide much needed job and current mining techniques will limit the effects on the environment. a former e.p.a. employee in alaska was working to kill the project as far back as 2008. it's being investigated whether mr. north and other government officials were in cahoots with alaska tribal leaders and environmental groups and that when the epa ultimately vetoed pebble mine it did so because of undue influence, not sound science. the committee has been trying for months to speak with philip north because he retired, hired a lawyer and went awol. at last check he was somewhere in new zealand refusing to cooperate and now they can't

check his e-mails because his hard drive crashed in 2012 which apparently was a big year for government computer crashes. here's the epa administrator trying to explain. listen. >> were all his e-mails preserved according to the federal records act? >> i think we have notified the appropriate authorities that we may have some e-mails that we cannot produce that we should have kept. i don't know yet when we can rekorver all of these or not. >> when federal records are loss, the law says the national archives is supposed to be notified, and it was notified, but not until yesterday. the epa also admits those e-mails should have been kept. megyn? >> you think? >> trace, thank you. new anger over the mess at the irs after reports broke late today of the targeting once again by lois lerner of a top republican senator.

>> i'm going to ask you again. what statutes have you evaluated? >> i think you can rely on common sense that nothing i have seen. >> common sense, instead of the criminal code, you want to rely on common sense. you can shake your head all you want to, commissioner, you have said that there's no evidence of criminal wrongdoing, and i'm asking you what criminal statutes you have reviewed to reach that conclusion. >> i've reviewed no criminal statute. 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, or other types of cancer, have happened. blood, liver and nervous system problems, serious allergic reactions, and new or worsening heart failure have occurred. before starting humira, your doctor should test you for tb. ask your doctor if you live in or have been to a region where certain fungal infections are common. tell your doctor if you have had tb, hepatitis b, are prone to infections, or have symptoms such as fever, fatigue, cough, or sores. you should not start humira if you have any kind of infection. take the next step. talk to your doctor. this is humira at work.

♪ we work through the night to bake fresh bread from fresh dough in every bakery-cafe. because it tastes better that way.

and it makes all of our sandwiches... soups... and everything else it touches taste better too. then, at the end of every day, we donate everything we have left to people in need. so we're out of bread. and we stay up all night... and do it all over again. panera bread. work hard for you. give them the edge they deserve. new edge from osteo bi-flex with joint shield helps strengthen your joints°. it works as hard for your joints, as they do for you. get the added benefits of joint & muscle, and joint & energy. new edge from osteo bi-flex, so you're always ready for action. find it in your vitamin aisle.

developing tonight, new evidence of irs misconduct. the tax agency admitting today in court that it inappropriately leaked confidential tax documents of a conservative group in the middle of a presidential race. the documents just happened to reveal governor romney's financial donation to a traditional family group. the irs now confirming it did that and agreeing to pay $50,000 in damages. however, it claims its disclosure was inadvertent, this as the irs chief takes fire from congress this week on his claim that the tax agency has not broken any laws. >> you have already said multiple times today that there was no evidence that you found of any criminal wrongdoing. i want you to tell me what criminal statutes you've

evaluated. >> i've not looked at any. >> well, then how can you possibly tell our fellow citizens that there's no criminal wrongdoing if you don't even know what statutes to look at? >> because i've seen no evidence that anyone consciously -- >> how would you know what elements of the crime existed, you don't even know what statutes are at play. i'm going ask you again. what statutes have you evaluated? >> i think you can rely on common sense that nothing i have seen -- >> common sense, instead of the criminal code. you want to rely on common accepts. you can shake your head all you want to, commissioner. you have said today that there's no evidence of criminal wrongdoing and i'm asking you what criminal statutes you have reviewed to reach that conclusion. >> i've reviewed no criminal statute. >> but are you not saying there was no criminal wrongdoing with respect to the targeting of conservative groups. i want to be very clear, you're not saying that. >> i've made no judgments. >> so you disagree with the president when you say he there's not a smidgeon of corruption? >> there's people making judgments, both sides about whether interest there were -- >> you >> you know, i'm not one

of those. i'm saying we will simply never know because you didn't keep the evidence. the evidence was followated and whether it's neglect, intentional or reckless we still don't have the evidence, commissioner. >> you have the evidence that there's no e-mails from the white house. you have all of the treasury e-mails so the basic premise that this was an argument and a conspiracy driven by the white house does not -- >> no, sir, you're wrong about that. you're repeating a talking point from our colleagues on the other side that we're obsessed with the white house. it was jay carney who perpetuated the myth that it was two rogue agents in ohio. it wasn't any of us. was that accurate? was that first an initial line of defense that it was two rogue agents in ohio, was that acrat, commissioner? >> not that i november. >> so that wasn't accurate and that came from the white house. who said there's not a smidgeon of corruption? who said that, commissioner? >> my understanding that was the president. >> it was the president. >> so that's jay carney and the president both inserting themselves into the irs scandal, and you want to blame us for

bringing the white house into it? >> i haven't blamed you at all. >> you just did, commissioner. you just did. >> joining me now republican congressman darrell issa who is chairman of the house oversight committee, the committee that was just killing the irs commissioner this week. mr. chairman, good to see you tonight, and so there was trey gowdy going after mr. kosc known who by all accounts was described as very arrogant as his demeanor in front of you this week. should the american people be trusting that man to lead this investigation internally in terms of compliance with your demands and that now that's being raised by the u.s. senate? >> well, megyn, it was senator mccaskill, a democratic senator, who described him as arrogant. 80% of the american people don't believe they are telling the truth about these drives and the lost data or particularly the question of targeting conservative groups, and, of course, a democratic political appointee of the president, confirmed by a democratic senate on a less than 60-vote

requirement is not the ideal person, not even an appropriate person to investigate these es, neither is eric holder. this case calls for a true special independent prosecutor who has the ability to issue warrants, to seize materials, to safeguard dock oumts and other information before it goes away and get to the truth. >> and it's not going to happen. >> it's not going to happen on this president's watch or eric holder's watch as far as we can tell, but little by little we're finding information. we're finding documents, and each time we find them they come up and have a new discovery. you know, the reason that we discovered that these documents were really gone is from a subpoena to the justice department. lawyers there decided they didn't want these 1.1 million documents that they never should have gotten, that they got from lois lerner in violation of the statute 6103, in other words, a law that was broken. they wanted rid of them so they

gave them back to us and then we discovered e-mails from lois lerner as a result we had never seen and documents with personal information, donor information given to the justice department by lois lerner for the purpose of going after these conservative groups, and it's about time her attorney take back that statement she made, that perjured statement that she broke no laws, she broke no regulations. of course she broke laws and of course she broke regulation and we need to hold her accountable. >> there was breaking news about her today and senator grassley and the american public is interested in this woman, inserted her fifth amendment right, at center of the targeting scandal, whether she's innocent or not, she's at the center of it and tonight we learned inadvertently lois lerner received a letter and the letter was meant to go to senator grassley, a republican, and they were suggesting that he take some trip and give a speech and they were suggesting they might pay for his wife as well and lois lerner forwards it

along within the tax agency suggesting an audit that either grassley or this group sending the letter or both should be audited because it's not appropriate for them to pay for his wife's travel, something he never agreed to. he never even received the letter no, proof he even knows this group and the question is whether this now gives us a window into lois lerner and how she approached her job. >> well, we have windows into lois lerner. this one being the latest one, that she was in fact a biased not conservative but liberal on a liberal agenda. her personal e-mails back and forth to her daughter on government time and government e-mails, we read them and realized that this is somebody who supported the president, his attempt to close down conservative groups, his opposition to citizens united. her quite frankly this leak that you talked about at the top of the hour, she's somebody who applauded maryland's gay marriage statute in e-mails with her daughter. this is somebody who had an agenda and act on it, broke

laws, broke regulations and has been criminally referred by the ways and means committee. they have elements that they have sent to eric holder. of course, those are dead on aroyal in all likelihood. the reality is we need a special prosecutor and we need to realize lois lerner's committed crimes. she may be the kingpin but we'll never know if we don't get the kind of investigation we need to do. >> can she get immunity and give you the information that you need? >> absolutely. if she would proffer, if she would deliver to us the explanation of who she worked with in this conspiracy. >> and that's how it's work. >> give immunity and give me a proffer. this is what i would say if you gave her immunity. >> we don't want her in jail, we want the truth more than anything else, because the american people now believe, 80% of americans believe they can't trust their irs and that means they can't trust their government or their president. >> one question before i let you go. you heard there that koskinen, the head of the irs was saying

you have the white house e-mails and treasury e-mails and those show there was nothing nefarious going on. tonight the senate has joined in on your investigation saying we don't trust the investigation in the wake of these lost e-mails and we want treasury and not the white house, treasury and two other agencies, including the justice department, to produce their documents, their correspondence with lois and the other employees who claim their e-mails are lost. will that advance the ball because koskinen says you already have that stuff and it doesn't show anything. >> it's a god start. the commissioner was being disingenuous stating this, stating there is no evidence, there are no e-mails is pretty tough for an agency that just admitted they don't store them. they don't track them. they lost them. remember, if lois lerner's hard drive hadn't broken she could have just deleted them anyway. they didn't have a procedure to safeguard these documents from mischievous behavior of people doing things so quite frankly the commissioner is not believable. paul ryan said it. i'll echo it.

we just don't believe him. >> i have to ask you before you go. when koskinen got sworn in, arrogant or not, you gave him a hard time about keeping his right hand too low. let me show the viewers when i'm talking about. >> would you please rise to take the oath and raise your right hand. a little higher, thank you. >> some said that made you look arrogant. why did you do that? >> in his previous testimony he had held it down, and, you know, we all understand whether you're looking years back at the tobacco hearings or anything else, you raise your right hand. all i really asked that he raise it to a normal level. i only asked it because in fact at the ways and means committee earlier he had sort of held it down and it seemed a little petty and silly. we've had witnesses who have stepped away from other wednesday and so on. we just ask them to do the routine ordinary you raise your hand. there are photographers taking pictures of it.

it is a moment and it should look that way. that's all. >> all right. >> there was no attempt to be arrogant. in fact, this gentleman came in with a great deal of respect in washington. i'm sorry that he's losing it with a certain amount of half truths he's been involved in. >> chairman issa, good to see you. >> thank you. >> the other big story on capitol hill today, john boehner planning to sue president obama for abusing his power. what exactly does that mean? former federal prosecutor andy mccarthy is here next with a very interesting take on where this is likely to go. plus, new developments in the search, yes, i said it, new developments for missing malaysian airline flight 370 and reports about a suspect in the disappearance of that plane. (phone ringing)

good afternoon. chase sapphire. this is stacy from springfield. direct access to a live advisor so you can get answers fast, and get back to the beach. chase sapphire preferred. so you can. then you'll know how uncomfortable it can be. [ crickets chirping ] but did you know that the lack of saliva can also lead to tooth decay and bad breath? [ exhales deeply ] [ male announcer ] well there is biotene. specially formulated with moisturizers and lubricants, biotene can provide soothing relief and it helps keep your mouth healthy, too. [ applause ] biotene -- for people who suffer from dry mouth. t! biotene -- [bell rings] this...is jane. her long day on set starts with shoulder pain... ...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring] "roll sound!" "action!"

now they're part of our 2 for $25 guest favorites!r one olive garden dishes. get your all-time favorites like creamy chicken alfredo. plus unlimited salad and breadsticks and dessert. 2 for $25 guest favorites at olive garden.

>> i've got a pen, and i've got a phone, and i can use that pen

to sign executive orders and take executive actions and administrative actions that move the ball forward. >> i'm going to be working with congress where i can to accomplish this, but i'm also going to act on my own if congress is deadlocked. i've got a pen to take executive actions where congress won't, and i've got a telephone to rally folks around the country on this mission. >> where congress isn't acting. i'll act on my own. >> i've got a pen and i've got a phone and that's all i need. >> congratulations. that was president obama promising that he would take his pen and his phone which he does have to take action if congress would not, and, boy, did he ever. on everything from immigration to obamacare to environmental regulations and beyond. house speaker john boehner says he's had about enough of that. today he's announcing he's going to sue president obama. andy mccarty is a former federal prosecutor and author of the new book called "faithless execution, building the political case for obama's

impeachment." and you think john boehner's plan is -- >> feckless, frivolous, fatuous. >> you're not a fan. >> running out of adjectives. >> "f" words. >> you know, look. it's not a serious response. you have a president who doesn't follow judicial decisions already that don't go in his favor. you have a president who doesn't follow the laws of congress that he finds inconvenient. even if you could get a judge to rule in a case like this, and i seriously doubt you could given what the standing rules are. >> there are certain requirements that mr. boehner may not meet. court might not hear this at all. >> we're not supposed -- courts are not supposed to referee political disputes between the president and the legislature, but putting all that aside. a court has no power to enforce its own decisions. it would need president obama's help to enforce a judgment against president obama.

good luck with that. >> the same way he ignores the congress he can ignore the judges. >> already doing it. already on record of doing that, and he ignores congress so what makes speaker boehner think that if it's a court decision defending congress it will make any difference. >> and you pointed out in an op-ed that what makes speaker boehner think that the courts who are likely to hear this, if they did take it up, would rule in john boehner's favor? president obama spent the past six years changing the federal bench to a large extent. >> significantly. i think a court would not go near this because the prestige of courts is that we follow their judgments. that is what really keeps the system rolling along. >> their power. >> and the emperor never likes to be shown that it has no clothes, and if they can't enforce their own judgments and they are just going to issue a ruling that they note president is going to flout, why would they do that?

>> what is the alternative? you talk about going not after the president but lower level executive agencies. >> congress has two means of power to do this and that's why speaker boehner issued this memo that said they are powerless, they are impotent. they have decisive powers. they can cut off money and they can impeach executive branch officials, doesn't have to be president. obviously not a national temper to remove the president from power but lower executive branch officials who are involved in lawlessness and covering up and stonewalling congress and misleading testimony, they ought to be impeached. >> and the money, they refuse to withhold the money for some of these groups. >> for example, why would we need a department of homeland security apparatus who is supposed to engores the immigration laws if we don't enforce the immigration laws. why should the american people pay billions of dollars for a government agency that doesn't do what it's mandated? >> why doesn't john boehner do that instead? >> they are afraid politically

if they flex the constitutional muscles that they will be given they will be attacked politically by the press and by the president and that that will cost them politically come november, but, you know, that is their job. >> andy mccarthy, great to see you. >> good to see you. >> friend. >> almost four months since that missing malaysian airlines flight went missing and now new reports about the possibility of a suspect in the case. that's next. kid: hey dad, who was that man? dad: he's our broker. he helps look after all our money. kid: do you pay him? dad: of course. kid: how much? dad: i don't know exactly. kid: what if you're not happy? does he have to pay you back? dad: nope. kid: why not? dad: it doesn't work that way. kid: why not? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab.

but we're not in the business of naming names. the volkswagen passat is heads above the competition, the fact is, it comes standard with an engine that's been called the benchmark of its class. really, guys, i thought... it also has more rear legroom than other midsize sedans. and the volkswagen passat has a lower starting price than... much better. vo: hurry in and lease the 2014 passat s for $199 a month. visit vwdealer.com today. could help your business didavoid hours of delaynd test caused by slow internet from the phone company? that's enough time to record a memo. idea for sales giveaway. return a call. sign a contract. pick a tie. take a break with mr. duck. practice up for the business trip. fly to florida. win an award. close a deal. hire an intern. and still have time to spare.

check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business. built for business.

new developments tonight in the missing malaysia airlines flight that disappeared two months ago with almost 200 people on board. reports that authorities are talking about a new suspect. trace gallagher has more from our west coast newsroom. trace? >> reporter: megyn, the

malaysian authorities say they don't have the evidence right now to pin this on anyone, but "the sunday times" quotes police sources saying the captain is now the main focus for three reasons. first, authorities say it took careful planning and precise execution to make a triple 7 disappear from radar and now all that data that had been deleted from the flight simulator found inside the captain's home has been recovered by tech experts and it shows the captain put in simulated flight plans to fly far out into the indian ocean and that he practiced landing on short runways on remote islands. authorities have also conducted 170 interviews and done background checks and profiles on all 239 people aboard flight 370. they say those checks have excluded everyone except the captain. the captain was also meticulous at scheduling and record keeping and yet he had no business or social engagements scheduled after that flight, and while police are pointing at the captain, they say terrorism or

mechanical failure still cannot be ruled out. meantime, the satellite company that claims to have located the crash to within 25 miles, says the search for the past two and a half months was in the wrong area, that crews got distracted by what they thought was a ping from the plane's black boxes which was a long way from where they believe this plane actually went into the water. megyn. >> unbelievable. trace, thanks. so we're doing something interesting tonight. i'm taking your questions on twitter @megynkell, follow me and i'll post my response to you which i'll do on camera on our facebook page. more on that after the break and coming up on "hannity." >> if cochran's forces and the gop establishment aided cochran in depicting the tea party as racist, that has set the gop back for decades in terms of race relations.

in life, there are things you want to touch, and some you just don't. introducing the kohler touchless toilet. the no-touch flush for your home. padvil pm gives you the healingu at nsleep you need, it. helping you fall asleep and stay asleep so your body can heal as you rest. advil pm. for a healing night's sleep. ♪ they lived ♪ they lived. ♪ they lived. ♪ (dad) we lived...

thanks to our subaru. ♪ (announcer) love. it's what mas a subaru, a subaru. my feet felt so heavy they used to get really tired. until i started gellin'. i got dr. scholl's massaging gel insoles. when they're in my shoes, my feet and legs feel less tired. it's like walking on a wave, dr. scholl's massaging gel insoles, i'm a believer! thank ythank you for defendiyour sacrifice. and thank you for your bravery. thank you colonel. thank you daddy. military families are uniquely thankful for many things, the legacy of usaa auto insurance can be one of them. if you're a current or former military member or their family, get an auto insurance quote and see why 92% of our members plan to stay for life. now what if i told youok a hotel you can save up to 60%,me first. but you couldn't know the name until after you book?

did i say never? i didn't mean it. ♪ would you consider a 4-star hotel that's up to 60% off, you just can't know the name? just no name? until you book. um... yeah, i'd do that! ♪ when folks think about wthey 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. nobody ever stomped their foot and asked for less. because what we all really want... ...is more.

there's a reason it's called an "all you can eat" buffet. and not a "have just a little buffet". that's the idea behind the more everything plan. it's more of everything you want. for less. plus, get the droid maxx by motorola for 0 down. get more with our best plans on the best network. for best results use verizon. so tonight we're starting something to allow yours truly to respond to some of your questions. follow me on twitter @megynkelly or go to facebook.com/megynkelly and feel free to ask me a question. keep it appropriate, please and some of the appropriate ones i will pull and respond to on the facebook page. and we've already posted a couple of answers on facebook.com/megynkelly and a couple i'll do on the air. jeff winter wants to know who has been your most frustrating

interview, easily the one i did with anthony weiner a couple months ago. why did you change your hairstyle? because it was getting a little old and i was starting to look like everybody else. see you tomorrow night, 9:00 p.m. and this is a fox news alert. tonight shocking e-mail evidence has emerge that had shows disgraced irs official lois lerner once directly attempted to target a veteran republican senator. those details are straight ahead tonight and that's not all. we can also report at this hour that speaker of the house john boehner in an unrelated matter has now announced he is suing the president of the united states for what he considers a brazen abuse of power. more on that breaking news also coming up, but first the irs scandal is widening tonight as more and more proof has been unearthed to indicate there was indeed a cover-up. a new report by "the daily caller" reveals the disgraced tax agency went to great lengths to rid the world of these incriminating e-mails penned by