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 recess

appointments, did it go the way you expected? tom, are you able to hear me? we apparently do not have our linkup to tom goldstein. he is the founder of a widely-read blog about the rulings, the inner-workings of the supreme court. scotusblog it's called. what we re-establish our link to tom goldstein we'll take you right back to the supreme court. jenna: he is definitely the one to talk about about all of this. we'll be back to him in just a moment. another big new story. new outrage linked to the irs targeting scandal. new emails of lois lerner apparently shows suggested a audit of senator charles grassley. this proves that they were targeting conservatives and comes amid growing furor of all the lost emails. steve centanni is live on capitol hill. steve? >> reporter: this latest political firestorm once again revolves around lois lerner, who

is already the center of a major congressional probe into the irs and targeting congressional groups. lerner who twice took the fifth amendment and refused to give congress any information is being accused of singling out senator chuck grassley of iowa she saw invitation intended for him, that mentioned traveling expenses would be paid for the senator and his wife to attend the event. 2012 email looks like they were inappropriately to pay for his wife. perhaps we should refer it to exam. grassley of course, the long-time, very powerful senator from iowa. lerner's deputy told her it didn't seem to be anything improper in this invitation and the matter was dropped. grassley, issued a statement saying this kind of thing fuels the deep concerns many people have about political targeting by the irs and by officials at the highest levels. house oversight committee chairman darrell issa is calling for a probe to get to the bottom of this. listen. >> this case calls for a true

special, independent prosecutor, who has the ability to issue warrants, to seize materials, to safeguard documents and other information before it goes away and get to the truth. >> reporter: now the irs responded by putting out a statement that says in part, as a general matter the irs has checks and balances in place to insure the fairness and integrity of the audit process. audits can not be initiated solely by personal requests or suggestions by any one individual inside of the irs. so, republicans here have more to chew on as they look at the irs, lois lerner and now an incident involving chuck grassley. jenna. jenna: it continues. steve, thank you. >> let's get back to the big supreme court rulings just issued today. one of them saying that the president exceeded his authority when he made appointments to the national labor relations board two years ago while the senate, he said, was in recess. the senate said it was not. tom goldstein is the founder of

scotusblog and is able to hear us now. tom, did this ruling in that national labor relations board case, did it go the way you expected? >> it did. it was pretty clear from when the justices heard oral argument in the case that the administration was going to lose. that these recess appointments and other was go down because the court beliefs precedent for a long time, particularly the most expansive reading of recess appointment power by president obama had gone too far. it's a broad ruling. even though many arguments against recess appointment power was rejected but really core one was accepted by supreme court. it says in essence if either the senate or house of representatives wants the senate to be in recess, then there can't be a recess appointment. >> every president in recent memory makes recess appointments. what was different about this one? >> it was the short time that the senate was away. the supreme court said we don't have a problem with the way this has been done historically but it has gotten so nasty between

the congress and the president that it got to the point that the. >> would take what are called pro-forma sessions. would come in and gavel in and gavel out and not do any work. president obama said i will ignore that i will not act like you're actually doing business when you're not as practical matter. the supreme court says no. you have to pay attention. if the senate says it is in session you have to pay tension and can not make a recess appointment. house of representatives, essentially controlled by the republicans can force senate into that kind of recess, president obama is stuck now. if a republican wins the presidency and democrat, democratic senate is in place, then they will be able to block recess appointments too. it's a very big decision. >> talk about republicans. we have this from mitch mcconnell, the republican leader, minority leader in the u.s. senate. he says this administration has a tendency to abide by laws that it likes and disregard those it doesn't. in this case that disturbing and dangerous tendency extended the constitution itself.

whether recess pointments or obamacare, this troubling approach does serious damage to the rule of law and the court's decision is a clear rebuke of the administration's behavior. do you see it that same way? >> well, obviously the supreme court rejected the constitutional challenge to obama care. when it comes to recess appointments mitch mcconnell can't be more right. this was a very expansive reading by the president of his power to put somebody in office though they haven't been confirmed by the senate. a unanimous supreme court in an opinion by a democratic appointtee, stephen breyer, rejected that. >> this ruling on abortion clinics, protesting outside of abortion clinic or ban thereof violates restrictions on free speech. tell us what the thinking is there. >> sure, another very broad ruling from the supreme court in terms of the majority. and that is liberals, conservatives on the supreme court all agreeing that massachusetts went too far when it said that abortion protesters get moved off of sidewalks and

driveways and public streets that are right in front of abortion clinics. the justices said, you can't go that far. violates a protestor's right to communicate, counsel to protest. instead what you have to do, you can pass a law says you can't obstruct the clinic entrance and police can enforce that law. until we know narrower measures women being able to get in and out. clinic until we know those don't work you can't go as far as massachusetts did. that is very broad ruling. very significant for protesters and counselors outside of abortion clinics around the country. >> do you see it as a win forfor free speech? >> clearly it is. there are people who don't agree with the speech but the supreme court has been consistent, we don't really care what the speech is. we'll protect your right on public sidewalk. they were not that sympathetic to the clinic's argument, massachusetts argument that these protesters inevitably make it impossible to get into the

clinic. there is no record of that. we haven't seen prosecutions of people blocking access to the clinic. one thing is the case though. that is the justices didn't subject these buffer zones to strict constitutional scrutiny. which is lauer speak for really, really rigorous first amendment protection. they said this is relatively easy case. the state went too far when it has simpler way of protecting clinic access. >> still waiting for the ruling in the hobby lobby case. that is one of the big ones of this court term. when might we expect that tom? >> we actually know that. the last two decisions including that critical contraception mandate from obamacare decision will come down at 10:00 a.m. eastern on monday. we have one other very significant kind of sleeper case out there that will may determine the future of public employee unions. >> all right. we'll be looking for those. looking for those on scotusblog and we also will be having that holding, breaking news when it comes out on monday morning as you say. tom goldstein, from scout test

blog the founder there. thank you, tom. >> thank you, jon. jenna: a mass casualty incident declared in boston. 36 people, most of 16 to 25 years old rushed to hospitals during a concert. molly line live with more. what happened there, molly? >> reporter: many people rushed away from ambulance or treated on the scene were minors. despite a lost sickness there were no fatalities to report. three dozen people were actually taken away to area hospitals. 50 people were treated there on the scene t was quite a sight. concertgoers combing out of the concert venue, td garden, a swedish d.j. avici was in concert that d.j. specializes in electronic dance music. the sickened were all young. they were showing signs of dehydration, intoxication and drugs and alcohol are suspected playing roles here. witnesses described chaos. >> on our way out we were

talking to emts, i asked what is going on. he said a lot of intoxication. somebody told him some ods. >> there was, said there was a lot of drug use going on. >> reporter: incidents of illness around sadly of death have been reported at similar dance events around the country, between march and september of last year. seven young people attending these events died after exhibiting system, symptoms consistent with overdoses from the drug mdma or other so-called party drugs often called ecstasy or molly. avici took to twitter to express his concerns. here is the tweet. hearing awful news about tonight. it is a terrible thing. i hope everyone is okay. my thoughts go to those affected and their families. earlier this month two people actually died in las vegas at a music festival there called the electric daisy carnival. a v.chy was among people

performing at that event. authorities will take several weeks to determine the exact cause of those deaths. jenna? jenna: molly line, live in boston. molly, thank you. >> a bizarre ending in the search for a mission boy. where he was found and what it means for the investigation. is someone going to be charged? we're live with that story. plus, new controversy over comments by hillary and bill clinton. what they said about being wealthy this time and the fallout. we'll go in depth. and our live chat up and running today. we want to know what you think. should the u.s. be sending more troops to iraq or doing more to help the government there fight the isis terrorists? log on to foxnews.com/happeningnow. click on the "america's asking" tab and share your thoughts. ugh. heartburn.

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jon: well the clintons raising eyebrows once again on the wealth issue. it all started when hillary clinton came under fire while promoting her new book, "hard choices," claiming she and the former president were dead broke when they left the white house. then last night she saturday night with gwen ifill of pbs who brought up the controversy. mrs. clinton tried to clarify the comments again. she said people can take things out of context and create caricatures. things like that can stick, just ask mitt romney. here is how hillary responded. >> that is false equivalency. people can judge me what we've

done. when somebody is out in the public eye, that is what they do. i'm fully comfortable with who i am, what i stand for and what i always stood for. jon: her husband has been out defending her with bill clinton insisting they are not out of touch with regular folks. but he might have complicated that effort last night when he talked about buying expensive watches and rugs for friends. listen. >> i don't know how many you bought, mr. president, 20, 30 of these watches, whatever it was -- >> my group did. i bought 14 of them. >> you really did? >> i bought five at christmas and nine when i was there i give them away and help i will make you more customers. >> i had no idea. i thought i was pulling his leg. jon: 14 of them at something like 500 bucks a pop. joining us now, susan ferrecio, chief congressional correspondent for the "washington examiner." is this whole business hurting hillary clinton and her potential presidential candidacy? >> well it could. but i think it has less to do with money and more about a

perpetual problem that secretary clinton has had which senator clinton had as a candidate. and that is likability. more and more voters are looking for a candidate that they like because they're less aligned politically. we're seeing a growing independent voter base. these people are less aligned with being republican or a democrat or those, either of those political views. they're looking for something else. i think they're looking at personality. let's think back to 2008. what was hillary clinton big problem? it was her ability to come across as genuine and likeable candidate. remember the 2008 primary in new hampshire where she shed a tear in new hampshire cafe, thus boosting her likability and allowing her to win that primary. she is running into a problem this time around too. her explanation about her wealth is somewhat disingenuous or coming across as disingenuous because she is trying to portray herself as populist candidate. you can't deny the fact she made a lot of money since leaving house and so has her husband.

they're trying to act as they're regular, ordinary americans. that is not selling well. people are going, hmmm, who is this woman? that is not good. here is where it will really become a problem. if she get as republican opponent a super populist, likeable candidate. it will become a real issue again. the money could become a big issue. what she needs to do to be comfortable with her wealth and learn to talk about in a way she is not ashamed of it trying to hide it. rather she would like something to see all of americans achieve. she has not reached that point yet and that is why it's a big problem, jon. jon: the u.s. president makes like something like $400,000 a year. there are limited expenses are paid for. most of your travel is paid for. pretty hard to believe they would be dead broke when they left the white house. even if they were, yes they have made a lot of money since then. what people i think dislike in america, is, candidates who just don't seem to be in touch with the problems that are out there. i mean, you know, we're still

struggling to come out of this recession. and the economic numbers from yesterday, just reinforce that. there are a lot of jobsless people. a lot of people who don't have the wealth they had five years ago. >> right. you can recognize in the way hillary clinton is talking now on her book tour where she is really trying to sound a more populist message. she knows these are the people, these are voters she needs to reach if she runs for president. because the state of the economy. because of types of voters, the democrats will need to draw out in order to win in 2016. so she gets that. the problem is, she, like other politicians, let's face it, when they left the white house, where did hillary clinton go? she went to the u.s. senate. they don't make small change in the senate either. that is another six-figure salary. kind of ludicrous on its face to come out to say we were dead broke. that's a big mistake right out of the gate. going forward they will have to just accept the fact they have money. whoever she runs against, anyone in this political field has to have money to run for president. it is not likely she will be

running against someone who is extremely poor, who can somehow portray themselves in more populist way in that manner. everyone is thinking back to mitt romney he had the problems with his wealth. again he had the same problem. it wasn't so much the wealth. his ability to connect with voters. mrs. clinton still has that problem. the big question will be going forward, can she somehow overcome it? it is really not clear at this point of the. jon: even elizabeth warren, who is often portrayed the populist alternative to hillary clinton lives in a 5 million-dollar house. >> made a six-figure salary at harvard teaching two classes. she has nothing on hillary clinton in that department either. jon: susan ferrecio from the "washington examiner." thank you. >> thanks a lot. >> bizarre case of a missing boy. the child is alive and well but investigators have a bunch of questions what happened here. plus house speaker john boehner wants to sue the president for my l misuse of executive power. does he have a case or does

congress has a better things to do with its time? >> we can do something further. i hear your frustration. >> all right congresswoman. >> what we can do further impeach elects officials. >> oh, man. rome is burning and your violinning. 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. >> conflicts like this between the legislative branch and administrative branch. it's, in my view, our responsibility to stand up for this institution in which we serve. >> lead to impeachment proceeding against the president? >> this is, this is not about impeachment. this is about his faithfully executing of the laws of our country. jenna: house speaker john boehner saying he plans to sue the president claiming he abused his executive powers but boehner can't do this alone. it is a decision that has to go at first to a bipartisan legal authority group which includes the top leaders of the house.

they have to get through that. then they can instruct the house office or general counsel to file suit. just doesn't happen instantaneously. not over one agrees this is the right strategy, regardless how long it takes. my next guest says, quote, speaker boehner's proposed suit is nearly as wayward as president obama's violation of his solemn oath to execute the laws faithfully. he is the author of the new book, faceless execution. a former chief assistants u.s. attorney in new york who led the prosecution against the blind sheikh. ironic, coming from you, andy, because your new book is about the sweeping lawlessness from the administration. you say this is not the way the republicans to go. why? >> i anticipated in this book because i anticipated we were dealing with house republicans. jenna: regular book and where he got the idea? >> i'm sure he is rivetted to it. in our system political disputes are supposed to be worked out by the political branches who answer to the voters.

we don't want every important decision in our body politic committed to the courts who we can't fire if they get it wrong. plus, and i'm awaiting for speaker boehner to answer this one. courts have no authority and no power to enforce their own judgments. so if he gets one to rule against president obama, the court will need to, the help of president obama to execute the judgment against president obama. good luck with that. jenna: you're saying even if it was a successful result which is in the long run could be very unpredictable if it actually is, in order for any sort of ruling to be enforced, the exact people that would be sued would have to enforce that punishment? >> yes. three years from now, if he gets a ruling from a judge, the president, whoever it is at that time will have to, you know, will all have forgotten what the litigation was about by the time you actually get a result. jenna: one of the things you mentioned in a recent article you wrote about this, you say the constitution does provide two avenues for reining in

presidential lawlessness. congress has power of purges and congress has authority to impeach the president. i want to ask you about both of those. michele bachmann talked about defunding executive branch. play a little sound from her. >> this is what we should do now? what we should do right now, is defund the executive branch, when we have the option. i ran across the street because we're voting on funding for the executive branch, all summer long. cut it. make it, make it hurt. because if they don't have money, they won't have power. jenna: what about that strategy, instead of suing the executive brand. what do you think about that. >> that is what they should do. they are supposed to use their own powers. what speaker boehner is saying don't make us use our powers because people might get angry at us. let us file the a lawsuit which is illusion of look doing something when you are not. congress two powers are cut funding or impeach lawless officials. you don't have to impeach the president. if you have lower executive branch officials that violate

the law, impeach them. when she is saying defund the executive wrap. she is not taking money from executive branch. pare it down where they are violating the law, take money away that allows it to do that. jenna: focus in on lower officials. this ties into the irs story that we certainly talked a lot about. you say you've been asked by friends about this independent counsel, having independent prosecutor come in for the irs and your solution for both, this question about limiting president's powers as well as question about independent prosecutor, is to go after lower level officials with impeachment process. why? >> exactly. you don't have to be indictable to be removable. public official has higher responsibilities than keeping clear of violating felony statutes. we sort of hope our public officials won't do that, right? what is happening in washington now, they're letting the criminal justice process get in front of good governor vans. which is you remove, if you have people abusing their power, you take the power away from them. if you can prosecute them later

on for what they did, fine. but, to be impeachable they have to violate their public trust. they have to do things like, mislead congress. stonewall congress. some of the stuff going on, you know, violate oaths. destroy evidence. those are all impeachable offense. jenna: irs scandal, va scandal. seems there are few different items there could qualify for that. >> right. jenna: in your expert opinion, when you look at law, do you think that is the case? there could be successful impeachment process against lower level officials? >> now they certainly did impeachable levels. you have to get 2/3 vote from the senate. if i'm republicans one thing to say we don't have votes to impeach president obama despite all the lawlessness. quite another thing with irs officials who violated law outrage justly and don't impeach them and let democrats defend the irs in the senate if what they want to do.

jenna: a lot is going on in d.c. must be interesting for you who worked with the government and also expertise of law, to look at strategy turning towards the courts. >> yes. jenna: what do you think that says where we are in american governance today? >> that is a great question. i think what it says we don't have confidence that politics can work anymore. so we take a lot of stuff to the courts that doesn't belong there we have a constitution that is for grownups. the idea is that our elected representatives will make most of policy and if they get it wrong, we'll work that out at the ballot box. what washington seems to want to do now, is say, let's take our problems and give it to these experts or those experts, the legal experts in the robes. and that is not really the constitution, the framers gave us for a free, self-determining, vibrant people. jenna: final point really to contemplate. andy, thank you. great to see you as always. >> great to see you. jenna: jon? jon: iraqi commanders combating latest offenses by sunni militants, overrunning land, killing thousands and threatening to tear that country

apart. what it means for the future of iraq and the middle east. late-breaking developments today. new jobs numbers reveal just hours ago what they mean for our economy on the heels of yesterday's dismal, first quarter gdp report. the dow, down 79. i take prilosec otc each morning for my frequent heartburn.

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jon: right now a quick look at what's still to come this hour. we told you about that san francisco giants fan who suffered severe brain damage

after he was beaten outside of dodgers stadium following a game. should the dodgers be held responsible? a jury will soon decide. also a homeless man carrying two knives, threatening people at a jail and refusing to drop his weapons. what police did next. two men say they accidentally threw out a winning lottery ticket worth one million dollars. why the men are now saying powerball is actually at fault. now this "fox business alert." new job numbers out this morning. the number of people applying for first time unemployment benefits dropping to 312,000 last week. but analysts say, that number is not the full story. fox business network's nicole petallides is live at the new york stock exchange with more information on that. nicole? >> hey, good morning, jon. we're looking here at these numbers that come in. you see 312,000 claims coming in for this week. while it's a drop of about 2,000 claims from the prior week, the big picture here, number one, it

should be 200,000, not 300,000. so much of this is attributed to the labor force participation rate. these are the 16-year-olds and above who basically have given up looking for a job. and we see that participation rate basically, at these levels from 1978. what is happening is, people become disgruntled. they become disappointed. they stop looking for jobs overall. that is the big problem of the current jobs picture we've been looking at. don't forget that economic news. we saw the pullback in gdp and that has been a steep loss. basically our output in the united states is not good news in the most recent quarter. i want to give you look at news on wall street. first of all, gopro, the cameras people wear on helmets and saw sean white use and surfers. that stock is up 30% after the ipo. that stock has been received beautifully. bed, bath & beyond are reducing forecast and turns out they

blame the severe weather recently. now we're watching philip morris. philip morris is doing a few things. they're working on expanding into e-cigarettes. but we have seen philip morris to the downside. smuggling with cigarettes they have had a problem with, competition and people are little more healthy. the e-cigarettes are supposed to use them exclusively. you're not supposed to smoke and use e-cigarettes. that is what we've been told. the evidence is not that conclusive abouts who actually inhaled the vapor. hey, i wonder how many traders will be watching that usa-germany game coming up shortly? a lot of action on wall street. a winning year. today the dow is down 71 points. back to you. jon: when a usa team is playing we can expect very light volume on wall street. do i have that right? >> you may be right. we'll have to check in on that. jon: nicole petallides on the floor of the new york stock exchange. thank you. jenna: jon, the crisis in iraq is escalating today. the islamic militants attacking

one of arak's largest airbases and seizing control of several small oil fields. they are pledging their loyalty to isis, possibly strengthinging their control on both sides of the iraq-syrian border. our next guest says the crisis reflects poorly on the united states but goes bigger than that the rice of isis is first major defeat for the united states and its allies. it is perfect bad storm of bad policy and hurts stability since the end of the world war, i'm sorry, the cold war. walter russell mead joins us to discuss. let me read that line. gravest threat to u.s. and world stability since the end of the cold war. that conjures up a lot of emotion, walter. why do you believe that's where we're@? >> if you look at isis, it has at least 12,000 organized fighter. this victory, e string of

victories it had, capture of so much of northern iraq, capture of huge stores of arms and money, will make it a magnet for disaffected young people all over the world. i think you will see this group continuing to grow. they're developing very, very, power if you recall abilities to train people, to, a lot of their fighters have u.s. or european passports. so it will be much harder to protect us at home. jenna: one of the things you touch on, it is not just about this group. there is something going on in the world today, specifically with the united states and our foreign policy that is allowing this geopolitical upheaval to take place. what is it? >> if you again look at just the syria war, president obama, and i think, rightly, has wanted to keep u.s. involvement to a minimum. but, by failing to develop alternative forces to isis in syria, he sort of ended up getting the worst of all possible worlds because we didn't want to send aid to syrian opponents of isis because we didn't want those american

weapons to fall into their hands. now that isis swept across northern iraq, capturing arsenals, capturing basises, it has far more weapons in hands of much worse terrorists than anything that could have been done in syria. jenna: you talk about the need and lack of attention to lessons learned from our previous decade of war in the middle east. in there's one lesson that you think needs to be applied now, what would it be? >> i guess it is that persistence matters. that, that we saw it again in libya. you know, people think, oh, you knock off one of these arab dictators and then democracy will flourish. that is really not the case. that means you should first of all think twice before you attack some of these countries because, colin powell was right in a sense. this pottery barn. if you break it, you own it. now almost, 12 years after the invasion of iraq, we're still dealing with a country in chaos.

you can make strong arguments that we shouldn't have ever been there in the first place. but once you're there, you can't afford to take your eye off the ball. jenna: it was interesting that you mentioned the article. at this point in his presidency president bush also had a foreign policy that was in disarray. was very unpopular. but that he redeemed himself in the following years. what do you think is key to our president having same experience? because you've been very critical of his handling of this crisis and what really happened over the last six years of his administration? >> well, he reilly i think, does need to pivot toward the world. you listened to many so of the things that the administration has been saying and there has been a desire to downplay foreign policy oh, we have enough trouble in the world. we need to tend to our knitting at home and we certainly have a lot of knitting to attend to at home. the truth is, if america takes eye off the ball, things get much worse.

asia, china is really far more threatening state than it was five or 10 years ago. russia and ukraine, if people think we're not paying attention, they start doing a lot of things that we don't like. jenna: quick final question. you also mentioned that the president might consider bringing in new blood, new thinkers when it comes to foreign policy. because the criticism for both parties has been equal when it comes to what we're doing in the middle east, i'm wondering if you think this geopolitical upheaval could also produce political upheaval here at home? where we could be in a time where there will be new thinkers because of situation we find ourselves in? too awful to think about that, walter? do you think there could be new thinkers out there? >> number i think there are some very interesting people out there. i just read a book on grand strategy by a young man who teaches at duke. i thought that was a very bright book. maybe president obama should think about when he had robert gates, a republican in the, as the defense secretary, that helped give him credibility and

anchor discussion. maybe it's time again to think even in the white house, bill clinton brought on a republican, dick morris into the white house. maybe it is time to think about a kind of a move toward bipartisanship. because these are grave times internationally. jenna: walter, great to have you on the program. always nice to have you here. thank you very much. >> thank you. jenna: jon? jon: a brand new fox poll, jenna, revealing republicans might have an important edge in the november elections. we'll tell you what that advantage is coming up. plus, why jail is the last place you ought to be waving knives and making threats. so what's this guy doing?

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♪ jenna: well let's check out what's ahead on "outnumbered" at top of the hour. harris and kemberly are standing by. >> hey. >> hard to believe there could be another stunning revelation out of irs political targeting scandal but there is. emails reveal the agency going after a republican senator. >> and women, this is what they say, are more aggressive and controlling in relationships. never than men are. researchers are saying what we really need to be very well-aware of when we shop for love. >> all right. that is going to be a good one. and get this, oh, i can feel the pain already. size zero pants, not small enough anymore. now triple zero. is this necessary? come on. sizes making their way into the

store. are women really expected to have a 23-inch waist, harris. >> i'm hungry. #oneluckyguy on "outnumbered" at top of the hour. >> i'm hungry too. jon nodding along about the aggressiveness of women. jon: hello. i'm glad researchers finally got it right. >> all right. jenna: throw a grenade right in the middle of things, jon. thanks for that and we'll see you after the rest of the show. thanks, guys. jon: week 1/2 long search for a missing michigan boy coming to a biz zare conclusion. police discovered this 12-year-old boy alive and well, but hidden in his father's basement right there in detroit. patti ann browne live in the new york newsroom how that all happened. patti ann? >> jon, this dramatic seen unfolded left days after charles bouthell's 12-year-old son, charlie, was reported missing. >> we are getting reports that your son has been found alive in

your basement. >> what? >> on june 14th, charlie's stepmother scolded him and said he stormed out and never returned. police and the fbi were involved in a frantic search to find him? investigators checked the basement of his townhouse in detroit, michigan four times. even using a cadaver dog. but yesterday, they searched again and found charlie crouched behind an elaborate barricade including a 55-gallon drum. the hiding place contained food, a makeshift bed and underground tunnel that connects their apartment to others and to the outside. police say charlie could have come and gone and probably wasn't there during previous searches. >> for anybody to imfly i somehow knew my son was in the basement is absurd and wrong. i love my son. >> but questions continue. police say the boy was excited to see the officers who found him and embraced the police chief. charlie reportedly told investigators his stepmother,

monique, helped him hide out and gave him food. fox detroit reports that police found blood in the boy's room on his clothes and on a pipe taken as evidence. the station also quotes sources saying charlie was homeschooled and beaten with a pipe by his father. if he didn't follow a strict regimen. booth well-said he never abused his son and he said he and his wife had no participation in any of this. jon: what a strange story. the good news the kid has been found but looks like somebody will get charged down the road, huh? >> yeah. a lot of questions. jon: wow. patti ann browne, thank you. jenna: two guys who threw out a powerball ticket worth a million dollars are now suing and you won't believe who they believe is at fault next. what's your favorite kind of cheerios? honey nut. but... chocolate is my other favorite... oh yeah, and frosted! what's your most favorite of all? hmm...the kind i have with you. me too.

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jon: we are getting brand new fox polls we want to share with you, showing what americans think about the november midterm elections. when voters are asked who they like to vote for if the congressional election today, it is evenly split among all voters, 42% republican, 42% democrat. but when asked how interested are you in the 2014 elections? just 24% of democrats say extremely. 35% of republicans say they are extremely interested. we have angela mcglowan, fox news political analyst and richard fowler, talk show host of the richard fowler show. republicans seem to have more enthusiasm? >> we have more enthusiasm, jon. we try to put policies through to better america. unless you're a political

activist inside the beltway or political strategist, most americans are just trying to survive in this anemic economy and think about the 4th of july. you heard about the october surprise. anything can happen in october that could sway an election. most americans don't pay attention to elections until october, november. if there is an october surprise, with the republican scandal, i still believe republicans will take over the house and the senate. jon: richard, what happened to democratic enthusiasm? only 24% of the democrats say they are extremely excited about upcoming elections. >> listen i agree with angela, the american people are focused on 4th of july and getting a hot dog or watching the usa play today. but the truth the matter as we get closer around closer to the november election see more and more democrats get enthusiastic. beyond that report because you have republican enthusiasm, groundbreaking earth shattering primaries saw what happened in mississippi, runoff happening in georgia. that is the reason why you see this republican up tick in, you

know, being excited about the election. jon: we didn't talk about, angela, we didn't talk about the right track, wrong track number but that has been, well, the a great majority of the country sees us on the wrong track. it has been that way for some time. is that reflected in these polls? >> yes it is reflected in these polls, jon. the bottom line, the hope and change president, gave people the change they didn't want. people on the government dole. people trying to live paycheck to paycheck paying their bills. in the polls, when they go in and vote for november and vote their conscience and republicans will be victorious, being for mississippi, i was thor thad cochran. i'm glad that thad won the election, okay? jon: richard, quickly we have a few section left, you think democrats keep the senate? >> i do think democrats keep the senate. if you look also in that "fox news poll." it talks about which party they like more in congress. the american people are solidly with democrats. the democrats is the party that gets stuff done. >> no.

jon: we have to say good-bye there. thank you, both. richard, angle ha, thanks. jenna: legendary singer phil collins never forgets alamo. we'll tell what you he is doing with his collection of iconic tight items coming up. ♪.

jon: back in an hour, "outnumbered" starts right now. ♪ >> this is "outnumbered," and i'm kimberly guilfoyle. here today, sandra smith, harris faulkner, kirsten powers and today's hashtag one lucky guy, dr. keith ablow, and he is outnumbered. >> again. >> nothing like a good doctor on the coach or on the sofa. >> what do i do when i'm depressed i'm not here? >> ask your wife.