she will start singing tomorrow morning at i think about 8 a.m. >> by the way, that boy, we did a dance-off for the live streaming and that's how we discovered him. we brought him on stage. +++pue bill: it's being called a shock revelation. new emails showing lois lerner trying to unleash the power of the irs on a sitting u.s. senator. i'm will hemmer. martha: you have got the house ways and means committee going through the emails uncovering an exchange from 2012. lois lerner mistakenly gets an email meant for charles grassley. a group is offering to pay for grassley's wife to attend the

event. bill: a congressman says he believes that's proof of krups at the highest level of the irs. >> if lois lerner is looking to target senator grassley that's an example of the irs using it power as a political weapon. >> reporter: investigators are struck by how quickly lois lerner went from getting this invitation from this organization that was intended for senator grassley and immediately pivoting to colleagues and suggesting they are inappropriately offering to fly mrs. grassley to the event and they should instantly refer this for closer examination.

sic'ing the irs on nor grassley. republicans say if she was ready to go after the former chairman of the finance commiee imagine what she was whimming to do to the less powerful across the country. bill: how is senator grassley reacting to this? >> he's concerned that's a mixup got the irs turning for extra scrutiny for somebody. he says this fuels the concern about the irs targeting republicans at the highest levels. we found this exchange and perhaps we'll find some more, then what's in the missing

emails. bill: on the investigative front what's the highest on that. >> in the senate they have been doing a bipartisan investigation. after all this has come up in the house hearings. orrin hatch is pressing the chairman of the committee to hold an open hearing. hatch has also written letters to the attorney general and the head of the federal election commission and the treasury secretary trying to find out if they have any of lois lerner's emails. but do these other agencies have learner's emails? hatch ising for more information and wants answers. >> is this the smoking begun that's have been look for? here are learner's own word from one of those emails. quote within it looks like they were inappropriately trying to pay for his wife.

perhaps we should refer to exam. this is a bizarre story. it's like something out of a washington-based tv show you it's real. >> it's real and it's bizarre. it's worth look at exactly what her reaction was to this. if you get the wrong invitation for senator grassley which is a strange coincidence and her first reaction is to say hey, something could be up here. it's worth noting chuck grassily is a republican and she is a democratic donor. and he was one of the top republicans on the finance committee that deals with irs issues. she sent it to a deputy and he said there is nothing untoward or illegal about this. it wasn't clear from the emails whetherrer she wanted to examine

the grassleys themselves or the group holding the event. but either way it's a weird impulse i think that lois lerner, her first thought is not that i should call up grassley and say i got the wrong invitation, let's go after it. martha: it says something about her instincts and also the power she felt that she had, also very interesting that she was slapped back a bit by the underling she sent the email to saying he hasn't accepted this invitation and there isn't anything illegal:this organization offering to pay. so it was way, way down the line in terps of her thinking and what might possibly be nefarious. you say it's an interesting window into the social life inside the beltway. >> this is a weird place,

washington. i don't know how much time you spend here. you have got this mid toll high-ranging irs official getting invited to events with u.s. senators. that's kind of the way things work in the capital. i think:"the hunger game" and the way the capital is disconnected from the rest of the country. her impulse to quote get this guy on the other side of the isle. if she received an invitation that was meant for a democrat would she have reacted the same way? i'm going to guess, probably not. she didn't even know the law or the rules here. the deputy had to correct that for her. i think that this woman in a high-ranging position doesn't even know the rules. martha: she set i'm not sure i want to stand on the same stage

as grassley at this event anyway. bill: what do you think? where does this story go from here in.it die in washington? does it die in this committee or give what some republicans want and that's a special prosecutor? rudy giuliani is coming up in a few minutes. how to you capture this evidence, what do you do with it? can you capture the evidence? martha: and whether the d.o.j. will do it. whether anything comes it is a whole other issue. bill: in the meantime new job numbers out. the number of americans applying for first-time unemployment benefits dropping to 312,000. but analysts point out this does not take into account the

millions no logger looking for a job. the nation's economy shrinking by almost 3 per. charles krauthammer he the time for making excuses is over. >> the administration can come up with all the -- all the he can cues it wants. as -- all the excuses you want. like you never have bad weather in winter. first they were blaming it on bush, now it's on climate. you simply need to unleash the american economy and we would have a normal recovery. bill: you have to unleash the rains of capitalism. i don't see that happening. >> if you look at numbers we got today they don't suggest a real improvement in the economy after that dismal first quarter.

for the first half of 2014 it looks like the economy will be shrinking. it's not technically a recession but it feel like it. if you look at the actual numbers from the bureau of labor statistics. 146.6 million in 2007, 145.8 million now. 800,000 fewer americans working today compared to five, six years ago. if you dig into those statistics like steve moore at the hair phage foundation. he says five million fewer americans are working than should be if this were a normal recovery. bottom line, it's time to look at policy, not excused. >> on that policy, what do you think is the simplest, easiest thing to push through. ireland has a corporate tax of 17 per? ours is 35%?

>> reporter: this is flat out opinion. if you cut individual tax rates and you cut corporate tax rates you what revitalize private enterprise. private enterprise is the engine of the american economy. unleash it. stop stamping on it and regulating it to death. if you did that i think you would get 4%, 5 per growth. but that's a politicized pints of view and it's not current in washington. see you at 11:00 a.m. eastern time. martha: darrell issa says lois lerner he believes went too far. >> 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 regulations. martha: former new york city mayor rudy giuliani weighs in. bill: house speaker john boehner says he will sue the president. what do you think? some say a lawsuit will never go anywhere. >> where was your rage when democrats were going after president bush on the same use of executive orders because i think you knew then that was a waste of time then and i think you know in your heart of hearts this is a waste of time now.

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republicans argued the senate wasn't in recess. the second involves the birth control mandate in the affordable care act. hobby lobby argues it violates the employers religious rights that the supreme court term ends on june 30. the decisions will be released at 10:00 a.m. bill: newly discovered emails

show lois lerner zeroed in on senator senator charles grassley for an internal investigation two years ago. he talked about that last night with megyn. >> this case calls for a true special independent prosecutor who has the ability to issue warrants, seize materials and safeguard documents and other information before it goes away and gets to the truth. bill: rudy giuliani, good morning. who is securing the evidence. a lot of people are talking. but where are you getting the evidence? >> i'm sorry to laugh but nobody is securing the evidence. this is a terrible dereliction of duty on the part of the justice department. this is an investigation about which the president said to bill

o'reilly there is not a smidgen of evidence of destroying records. it's absurd we can't find those records. if you can't find those records i would be pretty close to certain a conspiracy is going on. the central emailer. she emails who here, here, here. bill: owl outside the irs. >> you should be able to at least trace many of those. bill: you think they are on a server. who is doing that? >> if you want to believe the white house, the justice department and the irs, they did such a poor investigation they didn't even know these emails were missing until they sent it over to the congress and congress noticed they were missing. what kind of investigation is going on if you don't even know

the people from which you are trying to get evidence are hiding it from you. it's in the theater of the absurd. i was u.s. attorney for more years of my life than the mayor of new york and i investigated many, many complex crimes. this investigation is being done by absolute amateurs or people who don't want to find out. the president saying not a smidgen of evidence of corruption and all these emails are being destroyed. bill: the head of the irs was asked, what happened to the hard drives? were they melted down? >> i was baffled by his performance. even though's hard-core democrat he generally has a good reputation as a sensible businessman and a man who turns companies around. i was baffled by that comment. my agency failed to disclose

this information to the justice department it's a federal crime. you do it purposeley. bill: issa talked about getting special prosecutor. >> right from the beginning it looked like a case for a suppression prosecutor. you have a high government official who spent hundreds of days in the white house taking the 50s the amendment. now that you have this additional information that justice department mishandle this investigation, that's crying out for a special prosecutor. >> he also suggested he give her, lois lerner immunity. >> i can't judge that. it depends on how much criminality you think she has. is she the top, the bottom, the middle? >> we put a fox poll out last

night. this is what we asked. look at this number. we asked the question who would you vote for come november. 42-42 said republicans or democrats. then when we asked if you are interested in voting, it's an 11-point edge for republicans. do you believe the american people are aware of this story? >> they are just catching up to it. they were aware of it when lois lerner was testifying and taking the fifth. they were aware of benghazi when it was hot. some of the democratic spin kind of quelled it. i think this irs story is coming back big time. they cannot defend the missing emails and the mishandling of the missing emails. you have the fifth amendment. emails that have been destroyed.

certainly enough to call for a serious investigation. everybody may be innocent but it calls for a serious investigation. martha: the white house was saying it was caught off guard by the rise of the terror gripe isis. but is that true? did they know before now? ralph peters is not buying it. >> the white house is a lie. the president won't make tough decisions to defend america. presidents are supposed to make hard decisions. martha: we have evidence to show you the white house was have much aware of isis back in january if not before. we'll talk to liz cheney about this. bill: chaos at a concert.

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>> dews of people hospitalized after a concert in boston. a lot of kid were treated for drugs, alcohol dehydration. witnesses say the was very hot inside the venue and it was obvious many concert-goers were drunk or high. many parents very concerned.

>> there was a lot of drug use going on. >> this is any airport' -- thisy airport's worst nightmare. >> martha: what are we learn being this whole thing? >> reporter: many of the people rushed to hospital were minors and they were treated on site. 36 people taken away by ambulance. 50 people treated outside of the venue. concert-goers coming outside. witnesses passing by. this long line of ambulances where the popular swedish dj avicii was in concert. all the people sickened were showing signs of intoxication.

drugs and alcohol are suspected of playing roles. >> we were talking to the emts and i candidate what's going on and he said a lot of intoxication. someone told him some o.d.s. >> he said there was a lot of drug use going on. >> reporter: from march to september of last year at least 7 people had been killed at dance events after exhibiting symptoms of drug use similar to mdma which is a party drug referred to as ecstasy and sometimes molly. bill: there is a hot debate in an evident to sue the president off his abuse of power. >> we can do this. we can do further, impeach the elected official.

>> roam is burning and you are fiddling. bill: does the speaker have a point? plus this ... martha: everybody is getting into the spirit. world cup fee reaching all the way to outer space. they will be watching and so will we and so will you.

martha: there is a new report that claims that the white house says they were caught by prize by this whole thing. this raped ascents of this militant group known as isis. the obama administration officials were in a closed door briefing tuesday with senators. the administration officials had trouble communicating a concrete plan to respond to this threat. >> the answer to is prevent the emergence of the first terror state in history. isis has a clear goal and they are on their way to establishing that goal, much of syria, much, much iraq, and it would be a terror state. it's criminal that this

president has done nothing and is til doing nothing. martha: he's referring to what may be the reorganizing that whole area into an islamic terrorist state. i'm joined by liz cheney, the daughter of former vice president dick cheney. it was a closed door briefing but we had information from sources who claim the white house said they were surprised by this whole thing. they weren't ready for it and didn't know what to do. do you buy that? >> if they were surprised it's their own faulty. not only have you been able to see intelligence briefings, mike rogers has been pointing out the fact the white house has been briefed on this issue for months, you had actual events on the fraud. in january fallujah fell too this organization, to terrorists. a month ego the iraqi government

asked for airstrikes against some of the locations where these terrorists were forking up. so there is no credible excuse for them to have been surprised or if they were surprised it's because they were ignoring the warnings coming from their own intelligence. >> it's strange way for them to go on this. let's look at this quote. i should point out alyssa hopkins says ... why do you think they would be wanting people to think this move by isis caught them off guard? what is the advantage in having

us think that? >> what they tried to do is ignore the threat. the president's narrative is he has been successful and his policies have worked and al qaeda has been decimate mated and it's inconvenient to have this terrorist rise in the middle east. they would like to claim they have been successful but they have been ignoring the threat. the other problem they have got is it's true maliki needs to form a more inclusive government. but that cannot be our priority. we need to be conducting massive airstrikes in syria and a iraq. isis is a direct and strategic threat to the united states of america. once you have got isis defeated then you can look at what iraq should look like. every day we spend pressing maliki to form another government and be more inclusive is a day isis is glowing strength and a day we can't

afford to lose. martha: let's talk about secretary of state john kerry. he is issuing some ultimatums today according to reports to russia about the ukraine saying you better convince us today within hours that you are going to back the pullout of some of these anti-government forces in the ukraine. at the same time we are seeing a growing alliance between iraq receiving some of the military equipment that they need from russia. is russia moving in to play the role the united states had played in iraq? >> i think you see that across the middle east. every since sadat threw out the soviet advisers when he came to poweto -- you are influence in e middle east has been ahead of russia. they are not a force for good. what has been stunning to a lot

of people sort of observing the region is the extent to which president obama has been willing to usher them back in. we saw it in syria and now in iraq. and he time the president or the secretary of state goes out and issues a threat or ultimatum it weakens us because there is no evidence they are willing to back anything up and honor the red lines they set. the russians laugh at us, the chinese laugh at us. isis laughs at us. it's a moment when our national security is on the line and we can't afford empty threats. martha: we have advisors on the ground, and word is they are doing intel to determine where the airstrikes will happen. they ever happen. do you think the president will authorize airstrikes in iraq? >> i hope he will. we have a president who is dithering. we know where the convoys are,

we know where the staging areas are. as i said, isis is a new kind of a threat to us. this is a terrorist organization that's capturing and holding territory, they are the richest terrorist group that ever existed because of the money they stole from mouse. they are arming themselves and using the success of this operation to recruit. you are seeing them attract recruits from europe and the united states. the president is twiddling his thumbs. martha: you believe that is a threat to united states security as well. >> no question. bill: where are we going to be at noon eastern time today? probably watching "outnumbered" right? >> we have team usa playing germany in the world cup. here is the scene washington screen left. what's on the line today?

just about everything. here is the deal. germany, usa. noon eastern time. here is the scenario that can happen that will allow the united states to win an advance. with a win eastern tie against germany they will continue. never thought it would root for a tie in my life. ghana and portugal in the same place at the us and germany. if they tie the us and germany advance as well. if we lose the outcome for the future depend on what happens between ghana and portugal. then you get into the number of goals scored. in the world cup points matter. germany and the u.s. is top of 4 points here and we'll see -- the top two teams advanced. we are sitting pretty good. we'll see later today whether we

can pull this off. beat germany or tie. martha: you are very joke am when you are cheering on your team. i don't want to jinx it. i get very zen about it. i just want to watch and hold your breath and pray. bill: on the international stage station,-there are six astronauts and cosmonauts. two are american and two germans. if germany wins the german astronaut is going to shave the heads of the two americans. it's 2 americans against the one german astronaut. look at these guys go. zero gravity really helps the

dance moves i find. the suspect in the benghazi attack is steaming his way to washington. he's still out there on a boat and he's being investigated. what should happen to him. should guantanamo stay open for people like this? bill: this is not your father's slip and slide. this is serious stuff. [♪] vancation is, ah,

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>> head out to the lake. check out this video. he's not working the 9 time to 5:00 job. he's a daredevil. they took the go-pro camera and let it relationship. 2 million videos in one week online. bill: also today go pro goes

public. they get these viral video all the time including the one we just showed. shares expected to start at $21 a share. we'll see where it goes. house speaker john boehner planning to sue the president over alleged abuse of executive power. the speaker says he will not tolerate him taking power away from congress. >> i believe the president is not faithfully executing the laws of our country and on behalf of the institution and our constitution, standing up and fighting for this is in the best long term interest of the congress. bill: did you see bachmann and cavuto? oh, my gosh. >> what we need to do is from the executive -- defund the

executive branch. >> defund the executive branch? congresswoman, if democrats said we are going defund president bush you would laugh them out. and so you should have been. i think democrats will be in their right mind to laugh you out now. defund them. >> the house has the power of the purse. it's not a small power. i hear your frustration. what we can do further is impeach the elected official. >> rome is burning and you are filing. bill: cavuto is arguing it goes nowhere don't waste your time on it. boehner and bachmann are arguing you can't alloy the president to continue to do what he's doing. where are you in this, jonah? >> i'm in the middle. i think we should have given

cavuto and bachmann some giant nerks rf bats to duke it out. i agree with speaker boehner's underlying complaints about the unilateralism and the excess of power and rewriting laws he's not constitutional empowered to do. but boehner says we need to reassert congressional power then he says we are going to go whining to the courts to restore congressional power. that's not how it wowrnlingsd our system. the way you protect congressional power is by asserting congressional power. i think michele bachmann has a point. if the executive branch goes too far what congress needs to do is smartly pick its battles and defund some aspect of the government. if the epa is going too overstretch and do things we didn't authorize we'll pull funding from the epa. bill. and obamacare and the 35 different changes it made.

jonathon turley you know him well. here is how he categorized the certain power grab he receives on behalf of the white house. watch. >> the president is knew asserting a level of unilateral authority that dwarfs most if not all of his bret saysors. he's creating what i call an uber presidency. >> i don't have an app for the uber presidency yet. i agree a loot with what jonathon turley has had to say about how obama has gone overboard. he's issues comparatively few executive orders but the called of the orders has been incredibly broad. you can issue an executive order to say it's cupcake day in the rec hall and you can give an executive order to say we are going to free write american

healthcare unilaterally. bill: turley says fist dwarfs if not all of his predecessors. >> i think you can make a case for that. the supreme court rebuffed him on that. so far the supreme court hasn't rebuffed obama on a lot of these things. at the end of the day there is a reason why this hasn't happened for 240 years is that congress normally asserts its by acertaining its own power. not by asking a court to protect it. martha: some high water causing big problems. bill: north korea threatening retaliation for a hollywood movie. why does the supreme leader feel so put out by seth rogen and

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martha: minnesota, heavy rain send water over river bangs triggering widespread flooding. in texas we have powerful storms dumping 7 inches of rain knock out power for 16 thundershowers- for 16,000 homes and businesses. reporter: a lot of flooding in texas, especially in arlington. in parts of new england we have heavy rain through the overnight hours as well. localized flooding occurring in some areas. one of my concerns across the midwest and the plains, it takes a long time for that water to

begin to recede. now we have a storm system that's going to be ejecting out of parts of the rockies and the storm system is producing flooding concerns across parts of moth, parts of south dakota and over the next several days we are expecting a severe weather risk and heavy rain with the storm system. today we can see severe weather down into parts of kansas, harming hail, damaging winds. that risk continues friday. you are looking at the rise next dakotas down into kansas and parts of nebraska. take a look at saturday, just slightly towards the east. in minnesota where we have ongoing river flooding we can be seeing more heavy rain in addition to the severe weather concern. sunday could be an even bigger concern for severe weather. we are going to have to watch

this very, very closely. martha: maria, thank you very much. bill: you don't hear this every day. do you, now? luis suarez plays for uraguay. and apparently he bit a guy on the other team. the biter has been banned 9 games and four months which means the ban will continue throughout the length of the world cup. >> after he bit him he's hold higgs teeth like, ouch, my teeth ran into your shoulder and it turts. martha: he has tooth marks in his shoulder, 9 games. >> we are awaiting major ruling from the supreme court that might come down at any moment. will we get a critical one

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martha: all right, get ready, folks. big news as we are waiting and watching, any minute now we could get some key decisions on some cases that have been watched for months and months, and they are expected to come out, potentially, this morning, any minute now. welcome, everybody, brand new hour of "america's newsroom," i'm martha maccallum. bill: and i'm bill healther. the court now winding down its session but the justices have a couple more days to do this, and today might be one of them. there are four big cases on the docket still, and we're expecting at least two of the rulings to be released today. martha: shannon bream is live at the supreme court. we got a couple big decisions yesterday which leads some watchers to think that we may get a couple of these big ones today as well. tell us about the two big ones. >> reporter: okay, the hobby lobby case, a for-profit company's challenge to the hhs contraception mandate.

by law if these employers provide insurance to its employees -- and hobby lobby says it's what they want to do -- if they do, though, they have to make sure they have cost-free access to 20 different methods of contraception. hobby lobby objects to four of them they believe can cause abortions. so a big challenge to a key portion in the health care law. the second big case is a challenge to the president's use of executive power. he appointed three members to the national labor relations board at a time that the senate says it was in recess, during one of those gaveling in every two or three days. lower court found the president overstepped his executive power by making those appointments, so we'll see what the court says. martha: two sort oflesser known cases but important ones as well, we may get those as well. >> yeah. there's a case out of illinois that involves people who act has home health care workers, and in particular there's a woman who wanted to call for her diss abled son -- disabled son at

home. they're challenging that forced unionization. and there's another case that involves buffer zones around abortion clinics in massachusetts where pro-life folks are not allowed to speak out, demonstrate or try to talk to anyone. so we'll see if we get those as well. martha: we could get none of them, all of them -- >> reporter: i'm watching, yeah. martha: we'll see if somebody comes running down -- >> reporter: here we go. not sure what it is, but we'll get back to you. martha: all right, shannon, let us know. bill: major developments in the irs targeting scandal as new e-mails released to congressional investigators show that lois lerner floated the idea of examining chuck grassley about two years ago. south dakota senator john thune weighed in on that with greta. listen. >> this should outrage not only republicans, but democrats. and as you just mentioned, this latest example of targeting senator grassley, whose

integrity really as a member of the united states senate is unquestioned, is another example of political targeting. it's clear that these guys who have the power literally to ruin and destroy people's lives will stop at nothing. and i think this is, the grassley matter is another example. bill: jay sekulow, how are you? good morning to you. we may have to interrupt our segment. we'll see -- >> we just got a decision, bill, the nole decision case just came out. bill: that's the one that had to do with, what, the senate was in break? an appointment was made -- >> yeah. and the court ruled in favor of saying that the senate was, in fact, controlling its own rules, and the president denied authority. that's what the initial read is. bill: so what happens then? the appointment is null and void? but that -- >> null and void. so we're getting -- i'm analyzing it right now, it literally came out moments ago. i represent speaker boehner in that case before the supreme court, so indications are, at least the initial read, is that

we're going to, we prevailed. bill: all right, jay. stand by on that. we're going to go to shannon bream in a moment, because there could be more on that and there could be additional cases. on the lois lerner deal, what's the big deal here? she received a letter, grassley had an invite, and he and his wife are allegedly going to attend, and in the end they never did? >> yeah. i think the biggest issue here is that the biggest issue here is that -- i'm on the air, guys. the biggest issue is that we have with the lois lerner e-mail as it relates to grassley, the idea that she would send that to exam for review is breathtaking. first of all, she's a tax-exempt organization head. she doesn't head up the examination division, yet she took it on her own prerogative to, basically, refer for an audit senator grassley because she didn't like what she perceived to be some meeting they were both going to attend and how it was being funded. bill: let me -- i just want to

make the distinction here, jay, the examination was the word that was used in the e-mail. >> yeah. bill: is that the same as an audit, or is that -- >> exactly right. the division of the irs, bill, that does audits is the examination division. so when she said let's send it to exam, that, in fact, was, without a question, sending it over for an audit review. bill: so the assumption was that grassley was going to go and take his wife and not claim it, right? >> right. and not say that was income and, therefore, they were going to catch the senator who was, of course, a ranking member of the finance committee which oversees the irs. but this is the pattern and practice of what lois lerner's been engaged in and what that politicized irs has been engaged in. the idea that she was going to send this to exam, requested it to be done, the only reason it didn't happen is one of her deputies said we probably shouldn't do that. so she finally backed off.

but fact that she was even thinking she could send this to exam, she's a tax-exempt specialist, but sending it over to an audit was way over the top. bill: why did this become public? >> well, it became public because there were some e-mails that were released, and senator grassley -- although it could have been deemed private information -- he signed what's called a 6103 waiver, that's the privacy waiver, and that allowed the house committee to produce the senator grassley e-mail. bill: so this is 2012. was that the same period they were looking for e-mails that were apparently lost, destroyed and the hard drives are no longer available? >> i think they started finding those again right after -- in '12 because it was '09 through april '11 that were the big losses which is when the whole scandal p developed. bill: because you start to wonder now, and the mind reels, and you wonder, well, what other sort of communications went out? and on this particular e-mail,

jay, was it just internal within the irs, or is this one of the e-mails that would have been sent to an entity outside the agency? >> yeah. this would have, it looks like this was what's called an interagency e-mail. it would have gone from one division, the tax-exempt division, from lois lerner, over to the examination division, the audit division. so it was within the irs but, clearly, way outside the scope of what she had to make and it shows the political nature -- bill: just to tell viewers why that's significant is because this was within the irs. >> right. bill: but the e-mails a lot of folks are looking for, the ones they communicated with outside the agency. >> correct. bill: so then the ultimate question then becomes, with who were you communicating at that time during the period in question? give you the last word, then we've got to run, jay. >> yeah, that's right. and, of course, we know it was the department of justice and at least the federal election commission, two outside agencies that were not supposed to get informs. bill: thanks, jay. if there's more news from the supreme court, hang on, okay?

we might bring you back. >> yes, sir. martha: looks like there will be. one decision is already in, and shannon bream has been going through it. it has to do with whether or not the president can make recess appointments as he did to the national labor relations board. the senate objected to those recess appointments that he made because they said they weren't really in recess when he made them, so what has the supreme court decided? >> reporter: here's how it works. the court goes through a long analysis, basically recognizing that the president does have power to make recess appointments. l but in this particular case, this is a unanimous opinion, they said the three-day window that the senate was operating on where they gaveled in and gaveled out was too short. so while recognizing a lot of constitutional power for the president to make recess appointments, in this case not so. under the standard set forth here, the senate was in session at these pro forma session. rules made clear that the senate retained the power to conduct

business, could have passed system other unanimous consent agreement. the court won't -- let me skip some of the technical, what happened here because this session was in session during its pro forma sessions, the president made the recess appointments during a three-day recess. three days is too short a time to bring a recess within the scope of the clause, that appointments clause, so the president lacked the authority to make those appointments. so while recognizing a broad power for the president to make recess appointments, in this case it's not going to work, it's a unanimous opinion. three days was too short, so these appointments to the national labor relations board were no good. martha: shannon, thank you so much. great job digesting that quickly. i know we may have some more opinions coming, we're waiting for hobby lobby which so many people have been watching. obviously, all presidents make recess appointments, and they often do it with people that they want to appoint who have been controversial, who they think are going to have a hard time at hearing. john bolton, for example, was a recess appointment under president bush to, you know, as

our ambassador. but the question here was whether or not there was gamesmanship going on, whether or not the senate was really not in recess, when those national labor relation board appointments were made, and they were very controversial at the time. now that the court has said that one doesn't count -- bill: so we win on four wig -- big ones. is the mainstream media looking the other way on the irs targeting scandal? >> just three and a half minutes combined on all the network newscasts. unbelievable. that is a news blackout. bill: bill o'reilly going after media in america, claiming they are hiding the truth in order to protect president. we're going to debate that, play a little more for you too. martha: plus, what americans think about prosecuting the captured benghazi suspect. should he be in a criminal court, or should he be handled as an enemy combatant? the results of a very

interesting new poll on this person who's in custody coming up next. bill: also, this 12-year-old boy disappearing for two weeks, police and the fbi searching his home several times. suddenly, he is found alive and guess where? >> i didn't know that he was in the basement. i searched, my wife searched. we've had dozens of police officers, fbi agents here. we've all been searching for my son.

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boy missing for nearly two weeks is found alive in his father's basement. and the father says he found out about it on live tv. >> that is absurd. >> does your ex-wife -- [inaudible] >> that is absurd. >> that she's told you point-blank that she does not know where he is. >> yes, she has. period. my wife wouldn't do that. bill: boy was discovered in an underground tunnel blocked by a barricade inside his father's home. police and fbi had already searched the home, and they searched the basement, they say. investigators suggesting the father's expected to face child abuse charges in that case. ♪ ♪ martha: so the captured suspect in the deadly benghazi terrorist attack could soon arrive here on the east coast, or he could remain onboard the 684-foot uss new york, and he could be out there indefinitely. "the washington post" reports that the ship has gone dark, its location is a closely-guarded

secret. no social media getting in or out from anybody who is on that ship to communicate with the outside world at this point. but cruising nonstop, we're told, that the new york could reach washington in less than 11 days. ahmed abu was captured 11 days ago. the obama administration says he will be charged as a criminal and tried in the court system. most americans, 63%, consider this suspect to be an enemy combatant who should be tried in a military tribunal. 29% think he should be tried as a criminal as is the plan right now, so let's bring in doug schoen, a fox news contributor, and mike baker, former cia covert operations officer and the president of diligence, a global intelligence and security firm. gentlemen, welcome. >> thank you. martha: good to have both of you here. doug, you know, what do you think's going on at the white house with all of this? because he's in sort of a purgatory zone right now. he can be investigated while he's on this ship, so they have

a limited amount of time, ostensibly, to talk to him, to get what intelligence they need, and then they want to bring him to a criminal court. >> right. i think they are treating him as a criminal because they are trying to negotiate with him to get more information. it's the only thing, martha, that i can logically conclude because i think it's pretty clear he is an enemy combatant. he engaged in acts of terror, and why shouldn't he be treated as much unless we think we can get some information from him about other terrorists in the region that will help our cause? that's the only thing i can think of. martha: yeah. we know that president obama objected to the cia black sites and the methods that were used to get information out of people. so, mike, what do you make of the current situation on the uss new york? >> well, i think he's biding his time. look, nothing happens above him, so he as well as most members of affiliates of al-qaeda have known for a long time what we're

able to do now in situations like this which is only what's in the army field manual. that was made very clear and very public several years ago when this administration made that decision. and so, you know, all the hostile elements, they don't exist in a cave. they understand that. i guarantee you they're all carrying a copy of the army field manual in their back pocket, so he knows exactly what we can do and what we can't do, and he's likely just spending his time pontificating and not providing any information. so it's a very, a fascinating situation. i agree with doug, i think that, you know, their intention is to try him as a criminal. i'm sure he's going to end up in new york here in the very near future likely, and, you know, the poll that you cited is very interesting because on the one hand while people are saying he should be put many gitmo, part of that poll also shows a drop in support for gitmo staying open across the board. martha: yeah, you're right. let's take a look at another gitmo poll here because mike touches on something here.

what should happen to gitmo and terror suspects that are in prison there? there's a hundred some that are still there. 52% say you need to keep it open. that number has come down from may of last year. 36% say it should be closed, and that number has gone up. where exactly do they want him to go, doug? >> that's a very good question. i think the american public is legitimately confused because our political leadership has not answered the question what do we do when we close or if we close guantanamo bay down? we don't have answers to that. the public is confused. i think it's logical after all these years to want to close it down. at the same time, in the absence of a clear alternative, what do we do, where do they go, and there really aren't answers. and i think it's another sign of the really incoherence in the white house. martha: i want to get back to benghazi, though, and what this guy may know. he was out in the open for a long time, as we've documented

very clearly here. he did interviews, he was famously drinking the strawberry frappes outside of a hotel. but now we've got him and, you know, he will undoubtedly reveal, i would imagine, some of who he was working with and just how much was involved in this attack on the ground, how much premeditation, how much they had scoped out, that place, whether or not they were very clear on who was in there, that the ambassador was in there. all of that is what we'd want to know, mike. >> right. anytime you get your hands on somebody like this, any detainee, what do you want to know? first thing is if they had any actionable intelligence about an impending attack. then you get that out of the way, look for actionable intelligence on potential leads to other individuals, to financing, to communications, whatever you can gather from these individuals. the problem, again, not to beat a dead horse is that, you know, we've taken, you know, some tools out of our kit bag. and whether we use those tools or not, the keeping these individuals, keeping somebody like him on his back foot,

keeping him unsure of what's going to happen to him, that's the key to interrogations. it's not that you're going to use any of those enhanced techniques, but the fact that now they know we can't, he has really no incentive. martha: he can wait it out. >> so unless we want to keep sailing that ship around in waters for the next couple years while we develop a relationship with him, it's unlikely that he will cough up much intelligence. martha: gotta go. it's been 11 days, so he could arrive today. maybe we'll find out. bill: june 26th, toward the end of the session for the u.s. supreme court, and we've just gotten a ruling on executive power, and we're going to give that ruling to you and examine it with jay sekulow in a moment. also there is a strong possibility there are more rulings in a matter of moments from the court. we'll find out together. to buy a car.

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bill: so as we mentioned, the supreme court ruling moments ago, the recess appointments made by president obama to the national labor relations board without senate confirmation were illegal. here now with more, jay sekulow, chief counsel for the american center for law and justice. fortuitous to have you here, because you were a part of this now. what does ruling mean, jay? >> well, what it says is that in this particular case the appointments by the president, the so-called recess appointments to the nlrb, national labor relations board, were not valid because the house and senate -- they were in recess and, therefore, the senate was in recess and that the house, basically, has the calendar control. and that was a key thing that we argued, by the way, representing the speaker of the house, john boehner, in the case. so the appointments bill that were made during this period by those three nlrb so-called recess appointments, the decisions made by the national labor relations board during

that time frame were not valid. so they're of no effect, at least during that particular time. bill: this is a slap down to executive power then. >> it's a significant victory for what's called the separation of powers and, yes, the president just doesn't get to make up the rules on when the senate is in recess. he just can't appoint people because he's mad at the united states senate or congress. they were in pro forma session, which is what we argued, and nine justices agreed with that. bill: 9-0, wow. so you can do recess appointments, but in this case congress was not in recess. that's what the court's saying, correct? >> you got it. that's exactly right. they said a three-day to ten-day window of time in recess was too short, they were in the recess. bill: okay. so the appointees that went through during that time, what happens? are their names withdrawn? do you go back to the drawing board? what do you do, jay? >> it's as if, bill, they were never on because they were not proposerly appointed -- properly

appointed. therefore, they are not officials of the nlrb, and the decisions made during that time frame were, when they were serving on the nlrb, the national labor relations board, are null and void because they weren't in effect. so what you've got is, basically, a reversal of those decisions because they had no authority to make those decisions in the first place. bill: still waiting on hobby lobby which, as you know, is a big one too, and maybe it could still come today, it's possible -- >> yeah. justice scalia's still reading from his concurring opinion on the last case, so it could be. bill: monday's the drop dead date, right? because that's the end of the session, june 30th. >> yeah. and they could decide to have a scheduled order day tomorrow, just make an orders list monday. we'll know that probably around 30 be minutes from now. bill: thank you, jay sekulow, appreciate it. martha: have you heard? there's a big soccer match today. little game going on. have you heard about that? there's a live look. diehard fans for the team usa and team germany gearing up for a watch party in dupont

circle in washington, d.c. today, something that's going to happen in parks and bars across the country. we will go live to brazil where it's a little rainy at the moment. an update on that just ahead. bill: sure will. also on this irs story and the back and forth, bill o'reilly is asking one simple question: where is the mainstream media now? >> first week of the va scandal, two stories. first week of the irs scandal? three stories. you want media bias? there it is, beyond a reasonable doubt. (vo) after 50 years of designing cars for crash survival, subaru has developed our most revolutionary feature yet. a car that can see trouble...

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♪ ♪ bill: major developments in the va scandal and the irs scandal this week rocking the obama administration. bill o'reilly is blasting what he calls liberal media bias here. >> there's no question the major national media in america is trying to protect president obama and will promote the candidacy of hillary clinton. for informed americans, the blatant partisanship doesn't have much of an effect. but for the 50% of us who do not pay attention, who do not know very much about their country, media bias is devastating. bill: host of the richard roper show and leslie marshall a, syndicated talk show radio host and a fox news contributor. good morning to pote of you. -- to both of you. we went through the numbers.

let's just say you want to talk about bridge gait -- bridgegate, you can find that everywhere. you want to talk about the irs story, ro, go ahead, start us off. >> i don't know if you have a long way to find it. you're seeing a lot about the irs scandal -- bill: really, really, hang on -- i have. bill: tuesday morning in "the washington post" in the print edition there was one public opinion article, you could not find the story in the entire a section of the newspaper. you could find it online in the morning but not in the print section. what's up with that? >> well, this story's getting too big. it's not going to be controllable at some point here. and i don't exactly understand why there have been some media outlets that have laid back on this because the irs is a bipartisan issue. you're seeing a lot of democrats jump out on this. part of the problem is the conservative media is a victim of its own success. what's happened with conservative media is early on in the administration of barack

obama we all know there were some coverage there that just didn't seem right, that didn't seem fair, there were stories that didn't pan out. and there was a boy who cried wolf sort of effect, i think, on benghazi, irs and va which are all real things, and i think that people in the mainstream media and in the main that bill o'reilly was talking about sort of ignored the early conservative media reporting on this because they thought it was biased. it turns out to be some great reporting. bill: so it was just a question of time before they caught up. leslie, go. >> i would disagree with ro on the irs and agree with you, bill, i do feel there hasn't been a lot of negative reporting. i love to read negative reports about them, actually, like to see them shut down, but that's my personal opinion on that. [laughter] when we look at certain stories though, i i agree with bill and disagree, respectfully, and the latter based on stories like sergeant bergdahl, freedom of the press, syria, foreign

policy, is the president strong or weak? vladimir putin, you know, and who's strong there, the list dose on. today i googled -- the list goes on. today i googled about the va, and 17 hours before i googled cnn had a piece on that. i agree with ro, there are times where the media has to report this. they can't ignore it. bill: they broke that story out of phoenix, okay? on bridgegate, the first week the national news networks had 112 minutes on that story. in the first week of the irs story, there's three minutes and 14 seconds. [laughter] what's up with that, leslie? >> well, that's what i was saying. with regard to the irs, i don't feel that there's been fair and balanced reporting across the board. but i have to say if we're looking just at television, that's one thing. ro and i are both talk show hosts on radio, and on radio -- ro, i know you can't disagree with me on this one -- [laughter] there's an overwhelming, there are hundreds of conservative talk show hosts that are

presenting very anti-obama messages, and i think alan colmes and i and four others are left in america today. so i think it really depends on the medium -- bill: so you're, let me cut through this -- >> bill is right -- bill: i'm going to cut new this. so you're talking about the irs on the radio, that's your point, right? >> well, i'm saying that the irs story, i don't feel, has been covered, and i do feel that the president has been perhaps put forth by many media outlets in a positive light but not overall with all of the negative stories or the negative situations that have -- bill: what do you think of that, ro? >> the irs thing, though, is about to explode because here's the problem. when you find out that five out of six computers actually had their hard drives crash, whose hard drive crashes in the modern era? and the irs is only holding its information for only six months when they require us to hold our information for seven years? to leslie's point, people hate the irs, so the irs is going to

get run over here. bill: we've got some breaking news, but put a fine point on this, okay? americans are just catching up with this story right now, but they would be caught up if more people talked about it and reported on it. you look at the major newspapers, new york times, washington post, l.a. times, a couple of print stories throughout the week, i mean, that's got to change, and we'll see if it does. martha's got breaking news now. martha: back to the supreme court we do because there has been another big ruling that has just come down, and it has to do with abortion clinic buffer zones. it's a case that was brought by massachusetts, and they have made a decision on it. shannon bream joins us with the details at the supreme court. hey, shannon. >> reporter: martha, and it's a unanimous opinion basically striking down these buffer zones that created a 35-foot buffer around any abortion clinics in massachusetts. basically, the court said through some fractured opinions but all voting 9-0 for this saying they just simply went too far under the fist -- first amendment. writing for the overall opinion,

chief justice john roberts said the buffer zones were substantially more space than necessary to achieve the asserted interests. and massachusetts had argued all along that they were worried about violence, they were worried about people showing up and haranguing women who maybe they're seeking treatment or seeking an abortion. so the court is in one voice saying, you know, we have a first amendment, and you may have to hear speech that you don't want to have to hear, and there are other ways that massachusetts can handle this. you can have a police officer or an off-duty officer or hire security, something like that. there are all kinds of things that were thrown around during the argument saying there are other options. a big pro-life group gathered here this morning has been singing and praying, and when this was run huge win for them, obviously. but at issue here, there were a couple of older volunteers, we're talking about a woman in her 70s who would go and quietly pray on the sidewalk, and she brought suit saying, you know, i'm not here to harass anyone. if they want to speak to me, i

would speak to them, but there's no signs, no screaming. the court said this goes way beyond the state's interest in protecting its interest and making sure it's a safe area. martha: yeah. they mentioned sidewalks and other public areas that run through those zones, and how do you have jurisdiction over those zones when people are coming to protest. so, shannon, thank you very much. we'll keep watch throughout the afternoon. very exciting time at the supreme court. bill: get some reaction from members of congress, mitch mcconnell reacting to the recess decision that came down, we'll pass that along in a moment. new demands from a special prosecutor as an uncovered e-mail shows lois lerner targeted a high-profile republican senator, calling for the irs to launch an audit. martha: love me tender, it is throwback thursday, folks. a special treat for you fans of elvis presley. bill: a hunk, a hunk of burning love. martha: uh-huh. ♪ ♪

♪ ♪ i faced it all and i stood tall and did it my way ♪ martha: later vintage elvis. bill: today's throwback thursday. elvis presley swivelling his

hips across tv screens in the mid '50 and established rock and roll's hold on popular music in america. almost 40 top ten hits, a successful movie career and a highly publicized tour in the u.s. army, the king performed his final con party is in -- concert in, where? indianapolis, 37 years ago today. sadly, redied less than a -- he died less than a month later. march so new shocker today in the irs targeting investigation, this time the scandal has jumped to a whole new level. it turns out that lois lerner, the former irs official at the center of this whole scandal -- the same woman whose e-mails for a two of year period have conveniently disappeared -- we're now finding out one of the e-mails that did surface targeted republican iowa senator charles grassley. she wanted to have him, a sitting senator, subjected to an irs awed difficult -- 5ud kit. the irs continues to insist

there were no inappropriate e-mails between the irs and the white house with regards to the larger matter even though so many of those e-mails are unrecoverable apparently. >> the commissioner was being disingenuous when he said this because stating there is no evidence, there are no e-mails, you know, is pretty tough for an agency that's just admitted they don't store them, they don't track them, they lost them. martha: darrell issa, as you know, wants a special prosecutor in this case. oklahoma congressman james lankford is a republican on the house oversight and government reform committee. congressman, welcome. good to have you here today. >> thank you. glad to be with you. of. martha: you were victorious this week in your runoff election on the gop side as you endeavor to get tom coburn's seat in oklahoma. obviously, those are all races we're going to be watching here as we move forward. but what do you make of this latest wrinkle in this e-mail that has surfaced from lois lerner? >> well, it is another sharp e-mail out there.

we asked for all the e-mails. we were pretty clear about that. all means all. every single e-mail we're interested in. they keep telling us we'll send you the relevant e-mails. this is the reason we're not asking for their definition of relevant. when we start getting all e-mails, we see a pattern of paver in the background here. and -- behavior. we have to remember this was an invitation. he didn't take this event, this was an invitation to this event since he was invited to this event, we're interested in auditing him on this. this was an outside group that said we want to invite him -- she's interesting in auditing a senator on this. it shouldn't matter whether it's a senator, house member, president of the united states, any individual in the country, it shouldn't matter. the irs was intended to be neutral. this was not intended for anyone to have a political preference and to say because i don't like what you stand for, we're going to audit you on some suspicion of something. you have to go by facts. and it should be neutral to all

parties. there's a big statement about the fact that it was a senator. even if it was an individual american -- martha: i agree. in our introduction there's been a lot of talk about this is a sitting senator, and i don't think anybody cares if it's a senator or anybody else, if there's actual evidence that the irs needs to look into someone, but there was simply nothing here. as you point out, it was an e-mail invitation he was sent. anybody in the public eye gets e-mail invitations on a regular basis and, you know, he hadn't even had a chance to respond to it yet, and she was ready to examine, in her words, what was in the background. i want to just play for you for a moment here senator thune last night with greta on this. >> get some more information and some more answers. but right now there's no accountability. this is an agency that's run amok. there are other agencies in government that are, evidently, losing their hard drives as well right now. martha: yeah. epa is now on that list of a place that has e-mails they simply can't recover, but i think a lot of americans wonder where this all goes.

and i know there's an effort underway to get a special prosecutor. where does that stand? >> yeah, that -- we should continue to move forward. we've been slow on a federal prosecutor because the law gives that authority to eric holder to select the special prosecutor to to go investigate. that is the fox watching the hen dows at this point because we've -- henhouse at this point because we've seen how he would move through the process in other investigations. when they went to the fast and furious investigation, they investigated themselves and said we have no problem. when we asked for those documents on fast and furious to share with us, he said, no, we're not going to share those. we're now in a two-and-a-half year-long piece of litigation. so that's the quandary that we're in at this point. yes, this needs a special prosecutor, but that special prosecutor needs to be truly independent even of the white house. martha: how are you going to get that? >> that is what we don't know yet. but that's what we've got to continue to press on because we need, as a nation, to have some sort of trust in what's

happening in the federal government and oversight. so job one ask is for us to be able to bring things to light. as we bring things to light, then it forces any special prosecutor to have to investigate those things. what they used for their investigation should also be evaluated by congress. so we're going to have to piece together its own special prosecutor at this point to make sure that the american people see it and that they have full in how this investigation is done and that we actually hold people to account that have broken the law. martha: we will see. representative, thank you very much. good to have you here today. >> thank you. bill: "happening now" rolls your way in about 11 minutes, what you cooking up, jenna? jenna: two big supreme court rulings today, plus a final decision on the ban on sugary drinks here in new york city. is it a model for the rest of the country? we'll tell you. we're also covering the continuing chaos in iraq where terrorists are attacking a key dam and oil facilities today. we're going to have the latest on the political targeting scandal. you were just talking a little bit about this. did you know phil collins is a

huge fan of texas? and he loves the alamo. he's collected all of these artifacts from the alamo, and they're auctioning them off today, so we're going to talk to phil collins about his love for the alamo. bill: nice. jenna: who knew? did you know that? bill: i could feel it in the air. [laughter] martha: oh, boy with. let's just stop right there. jenna: thank you, martha. martha: oh, boy. bill: americans getting a case of world cup fever, team usa getting ready for a major showdown with deutscheland. we are live from brazil. martha: whoo! ♪ ♪ t! [bell rings] this...is jane. her long day on set starts with shoulder pain...

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bill: so americans across the country getting ready for the big showdown against germany one hour and 17 minutes from now. the german embassy's hosting a viewing party with fans of the red, white and blue hoping to see their team advance. brian is live in brazil covering all the action for foxnewslatino.com. the weather's a big story right now. we're seeing pictures of massive flooding. what's the story, brian? how does it look? >> reporter: hey, bill. that's right. i'm at a bar about 15 minutes away from the said yum where usa versus germany is going to play, and it's been raining all day. they're expecting about a week's worth of rain for today alone, so expect a big rain game, big match today. let's get to that match, and what a big one it is. u.s. players, some of them, have said it's the biggest one of their lives. what's at stake today? if the usa wins today, they'll be number one in their group, and they'll move on to the round of 16. if they tie, they'll also go on to the next round.

pretty much the only thing they need to do is not lose against germany which is a tough, tough task, but there's plenty of ways to get in. if they win and tie, that's the sure bed. if they lose, as long as portugal and ghana tie, we're in. so chances are looking very good for the usa team. this matchup, by the way, between usa versus germany is personal. coach, actually the german player who wrought the world cup -- brought the world cup title to germany in 1990, he's bringing team usa against his former team and nation today. we also have five american players with five german mothers themselves who are getting ready to play against germany. so today's game is really, like they said, the biggest game of their lives. and let's talk about the support. this is a bar in the middle here, we've got fans all over the place, as you can see. it's pouring, and the american fans have shown up to every seat here in brazil this numbers we have not seen before. rain or shine, you're going to

hear, i believe that we can win, we will win, we win today. bill? bill: thank you, brian. terrific work down there. [laughter] >> reporter: no problem. bill: nice to see you. martha: shocking developments in the irs targeting scandal showing lois lerner possibly trying to unleash the power of the irs on a sitting senator. so what this means for the tax agency, for her, for this case, for the white house? we'll be back. fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on.

bill: in case you missed this a moment ago when martha was talking with congressman lankford. we bottom photo bombed. martha: i was looking at my notes. we don't look at each other. hi, louis. he is funny. bill: don't see that any day. martha: he was not aware of it. bill: who was the man about to bite me in the left shoulder. that is soccer player. bill: terrific thursday.

see you on friday. martha: go usa. "happening now" starts right now. jenna: nothing phases, martha. stone cold and to the point. bill: or the congressman. jenna: that's right. breaking news from the supreme court and legal set back for the obama administration. justices limiting. we'll get a little more into that. it was big news today. it is big news. hello, everybody actioner i'm jenna lee. >> good us r thursday morning. i'm jon scott. supreme court making a decision as recess appointments. ruling a ban on protests outside of abortion clinics violates the first amendment. tom goldstein is founder of scotusblog and a supreme court litigator. did this ruling on the national labor relations board, the president's power, calendar scheduling of