>> i think it is like the olympics right now. >> dr. coating needs to take a chill pill. >> you need to talk to a therapist after this hour. >> so you back here tomorrow. happening now starts right now. whew! >> terrorist are closing in on a dam that could be used as its own weapons of mass destruction. >> and a ban on abortion protest and one major decision on obama care still to come. and the food police kept in check and a soda ban on the sugary drinks in one of america's biggest cities is officially dead. a now twist in the irs targeting of conservative

groups. we'll share the screen, right, jon? >> stick with us. >> and i am jenna lee. congressional investigators uncovered e-mails from former official lois lerner of the irs suggesting that she pushed for an audit of a top republican septemberor after she was encluded in a speaking inveitation. the unnamed group offered to pay for grassly's wife. learner was invited to attend and her e-mail was switched with grassleys and she suggested that the irs might want to investigate grassley. the colleague pushed back saying there was no need for investigation. it is interesting that so many lois lerner are e-mails that are

missing and this doesn't make her look good. >> reporter: it doesn't make her look great at all and serves up gasoline on the fire. what is in the e-mails and some are them are redakted and it may be a bombshell. with the scandal still brewing and so many documents and e-mails missing tis not what she or the obama administration needed right now. >> and the public appetite for what is going on here, seems to be the apto it for an investigation is on the increase. 74 percent of the voters according to the fox nows poll that law maker ares should investigate the irs until someone is held accountable. back in april it was 67 percent. april came before it was revealed that lois lerner's crashed hard drive disappeared

and the e-mails are unroachable. and the public seems fired up about this? >> reporter: americans of all political stripes have a certain level of skeptism about the irs. the organization that takes money from us is one we would like to see investigated more. the terms of the hard drive missing and the irs argued they wont have kept the e-mails anyway. and for the journalist, there is a question why the organization like the irs is only keeping records when they are responsible for collecting money from americans. there is an appetite for more answers and transparency. this is an organization that requires us to keep boxes of records and audits if we don't do something correctly. and how they are collecting

money from us and as well as who they are auditing. >> the house over sight committee was able to release the content of the e-mails because they received received >> and the irs can't comment do the irs has checks and balances in place to ensure the fairness and integrity of the audit process. while we are at it, i will show you what senator are grassley. this fuels the concerns that people have about the irs and officials in the highest level. it is troubling that a simple

clerical mix up can get a person in an irs exam without due diligence from agency officials. he and learner were invited to attend and their e-mails criss-crossed out there in theether. the at any rate, one of the points that is brought up out of all of. this some say here is a woman in the irs who didn't seem to know about the irs law and how the agency operates. >> reporter: i think that is a fair point. you look for the taxpayers that are involved in the irs. this is the push back. the lois lerner wouldn't have had the power to get an audit of chuck grassley if she wanted. to that is part of the push back. and some write and learner attempted an audit of chuck grassly.

and in reality could not have done that if she wanted to. the e-mail is an official in the irs asking the question to the law. and the lawyer say no, it is not a violation of law and her dropping it. you have two different things. someone who didn't understand what would initiate an audit, yes, we have evidence of that. but not necessarily her out on a witch hunt saying we need to investigate chuck grassley and even if she was doing that, she didn't have the power. >> but it is fair to so the ball start rolling somewhere and maybe it was her way of starting the ball. >> reporter: with so many e-mails and documents missing, we don't know. so many of them are not there and not made public. >> makes it interesting work for you wes lo lowery. >> thank you. >> and supreme court blasting

president obama's decision to bypass congress. it was illegal to appoint without senate confifrmation. shannon? joishgs it was a unanimous opinion and when the president decided to make the recess appointmentine though the september was in session, he had no constitutional authority to do so. this is what stephen pryer had to say. the senate was in a three day recess. we conclude that the president lacked the power to make the recess appointments here at issue. >> it is a great day for americans and the court said the president doesn't have the power to decide when the senate is in session. only the senate decides that. and

>> reporter: harry reid said the court got it wrong. senate republicans have done everything possible to denotice qualified nominees from receiving a fair up and or down vote. in a second opinion they struck down a massachusetts law that set a abortion zone. writing for the court justicerobers said it violated the first amendment and that law was struck down. >> we have a big decision on monday. >> hobby lobby on 10 o'clock monday morning and we'll find out what the justices think about the challenge to the contraception man date. >> shannon great to see you, thank you. >> turning to the chaos in iraq. the advisers are on the ground

in baghdad and trying to assess the strategic landscapes. mortar shells are hitting campan a na conneda and sewed oil fields. and now there are growing concerns that the terrorist are setting their sights on a damn, one of the first places our troops secured when they went in and it was handed back over to the iraqi government control. now this dam, to could be in jeopardy. and connor powell is live keeping an eye on that. >> reporter: the iraqi commanders are regrouping and beginning to push back against the insurgents, but there are militants that are gaining new alloys in the fight against the

iraqi government. nosra, another al-qaeda affiliated group in syria long at odds against the islamic state is fighting alongside. that makes it all the more possible. and all of this comes as a path to removing maliki from power. he refused to step down. and this is a first step to forming a new government. maliki's shiite block needs other groups to it form a government. and they are calling on maliki to go and sadr called for a form aegz of a national government from new faces from all backgrounds saying the iraqi government needs to fulfill the legitimate demands of all sunnis

and it may be a first step of blocking a formation of government. whether or not maliki succumbs is unknown. a lot of people believe it is no unifying until maliki steps down. >> the first about the dam it be blown up. >> isis can wreak ha voc not only targeting baghdad and oil refinery but key infrastructure. >> and a close ally in the mideast watching what is happening in iraq. we'll discuss what moves israel might be weighing. growing concerns about another breeding ground for

terrorist. the u.s. will disband an anti- terror contingent in the philippines. they are working to help and train local forces to take on al-qaeda- inspired groups. a smaller number of special forces will regain to make sure the terrorist don't regain lost ground. a key suspect of the benghazi terrorist attacks could a ratify in the u.s. in days. an official said no decision was made on where abu khattala will be contained. he hid in plain sight until abu khattala was captured by the u.s. forces. there is severe weather and we'll could be on the way. and a respected washington think

tank taking the bum bull administration to task over drone policy. should the u.s. send more troops to iraq and help the government fight isis. go to fox news.com. (vo) after 50 years of designing cars for crash survival, subaru has developed our most revolutionary feature yet. a car that can see trouble... ...and stop itself to avoid it. when the insurance institute for highway safety tested front crash prevention nobody beat subaru models with eyesight. not honda. not ford or any other brand. subaru eyesight. an extra set of eyes, every time you drive.

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a startling new report on drone policy critizing the

administration's drone program. for more kathleen harris joins us with more. >> reporter: jenna, the centrist think tank concludes that the obama expansion of the drone campaign created legal and ethiccal and strategy questions. >> it is an over all program that is not consistent with american values and the rule of law over all. it is essentially been a 13 year secret targeted killing program. >> reporter: the first cia drone strike was in yemen in 2002 and the bulk of the program is on yemen and pakistan. a former army general empsidewaysing that drones are a tool and not a strategy.

>> while we have had tactical success where you look at where we are strat jettically we are facing extremist army and not terrorist cells. >> reporter: the task force was created in may of 2013 and he promised a review of drone strikes out of traditional war zones. they include more public accountability and that the military should be responsibility for use of lethal force and not the cia. and while strikes require secrecy. the excutive branch acknowledges the use of lethal force in foreign countries to the american people and congress. a decade in this program there are no rules that prevents a country launching lethal force

attacks in the united states. and the u.s. will have very little grounds to object, jenna. >> catherine, thank you. severe flash flood in south texas. emergency crews in fort worth had to perform dozens of high water rescues and the region is bracing for more. rick is in the extreme weather season. >> we are getting in the season of downpours. oast texas is one of the spots. there is a lot of tropical moisture coming up here and it is hot and humid. we'll so it driveway out as the system pulls off east. something to look forward to there. and northern plains. severe weather and lots of hail and we'll so more of that. and we'll so the rain move to parts of the upper central plains and that's where we are

seeing a lot of flooding. we'll have river flood warnings continue there and spotty areas that pick up another throw or four everyones of rain. and parts of nebraska and iowa and wisconsin once again. it is in the high plains again today. hail and damaging wind threat and moves further off of the central plains and we could be looking for a bigger threat for tornados in the far northern plains. john? >> busy day. thanks. >> big soda making a come back in the big apple. controversial ban on large servings simply lost its fizz. >> and pop singer. an honorary texan today. phil collins tells us how he's giving back to the united states. ♪ spokesperson: the volkswagen passat is heads above the competition,

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>> right now new york city soda ban is dead. the big court exhausted the city's final appeal. here is the big soda and all of the details. the ban would have forbidden restaurants and movie theaters from selling sodas larger than 16 ounces.

former mayor blom bloom tried to impose the ban. and it was approved by the city council but challenged by the soft drink industry. a state judge struck it down. and today, the state's highest court voted four- throw that the city board of health exceeded reglatorive authority. it would have created an uneven playing field and limited new yorkers freedom of choice. >> all right. thanks. >> historic artifacts and involve the a la mo. and items like jim bowie's knife and davy crockett's rifles are given to the state of texas.

the generous donor is phil collins. he joins us live on skype from the almo. >> tell me how you first became fascinated with the alamo. >> it was many years ago now i am afraid. 5 or 6 living in england and walt dizz no's frontier dave crockett came on the television and i was hooked and the scene on the last episode was crockett's death in the alamoand that stuck with me. i really became interested in that. and then, a few years later when john wayne made the alamomade it

in the 60s i went to see it and had a fascination with the place and the story. >> many years later you come on an artifact. what was the first time you wanted to own it and have a part of the collection. >> i was on tour and walking around georgetown, in washington d.c. and there used to be a line of shops that solid autographed documents. i didn't think anything from that era would have existed, because you know, the years going by. crockett was a congressman and it did make sense when i thought about it. that started off the feeling that maybe i could find bits and pieces to buy and just have a small little collection of things that were close to my

heart. and here we are 20 odd years later, i have a large collection that i have amassed. >> i am laughing when you say small. you have the largest known artifact from the texas revolution. what are you doing with it now? >> well, i still have room for it. it is in my basement in switzerland and it is a little house. i am the only person that sos. it and i started to think what to do with it, and long story short, the alamoapproached me if i would like them to have it. and that coinicided with my ability to keep the collection together and appropriate place for the collection to go. it is going home.

it is not a museum but home to the alamo. and some of these artifacts and were writ know by travis or you know, the defenders, some of the pieces were weapons that were used here. and then later in go li ad. and there is a historical line that runs through the collection and this is the perfect place to it. i decided to give it to the alamoand they will have no strings attached and we'll try to build a building that is soughtable and visitors can learn more about the battle and what happened here and the people and the truths of what happened all those yearsing on. and it is something that i am very, very proud to be involved in. >> i want to note for our viewers. we showed a few of those items. did you ever try to shoot davy

crockett's rifle. i imagine it would be fun in your house? >> no, these things don't work anymore fortunately. i have a hauletsor took three people to get it up the stairs and i have a cannon in my front guard ep and people use fishing rods. >> it is amazing and interesting to hear about the collection. let me ask about music. you made a surprise appearance with your son's middle school band and since you are in texas, i know you retired and any chance of a country album in the future? >> i did a line of rap. no, a year ago, my son who is 13. i have five kids and i have a nine-year-old and 13-year-old

living in there. and he asked me would i come and sing. and i was a year away. no problem. and time came around and it was time to do the concert. and he would normally sing from the drums and i came long and sang the two songs and it was a low- co thing. just a bunch of middle school kids and it went on youtube and these days it ended up on youtube and it was a colthing to do. >> yeah thought it was col. >> low- co kind of getting my feet wet again. >> it is even great it hear the best of the best can get nervous in front of a middle school audience. thank you for joining and you say thanks for the amazing

donation to the state of texas. >> you're welcome. nfox news alert and one of the giants of the u.s. howard baker, tennessee senator is dead at the age of 88. more ahead. music stops ♪music resumes music stops ♪music resumes [announcer] purina pro plan's bioavailable formulas deliver optimal nutrient absorption. [owner] come on. [announcer] purina pro plan. nutrition that performs. who gets the allstate safemma, driving bonus check. rock beats scissors! wife beats rock. and with two checks a year, everyone wins. switch today and get two safe driving bonus checks a year for driving safely. only from allstate. call 877-218-2500 now. zach really loves his new camera.

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>> some individual cities in missouri and colorado issuing gay marriage license in defiance of the votes that their state's population have taken after

a federal a polls court struck down the ban on gay marriage. a federal judge struck down indiana's ban and that ban is being appealed and with so many cases pending in so many states, how is this issue going to be resolved? here with thoughts on that. dan and heger hanson a trial attorney. the supreme court weighed in on gay marriage decision. we have some states that allow it and some don't and is that something that the supreme court will have to decide. >> i think they choose not to decide it. the holingsworth case andoma. they said it is up to the state. the states have bit by bit, most

of the laws banning gay marriage is unconstitutional and that's what the supreme court intended. >> but the supreme court has be sensitive to states right. and massachusetts got this rolling 10 or 12 years ago it is one thing for them to pass it but georgia ora!9á÷ mississippi not cone on it. >> they will have to decide evenually. so many courts are making decisions and federal courts are striking down laws that ban same- sex marriage ultimately the supreme court will have to weigh in. >> all of the courts are in agreement. no federal courts are saying the bans are constitutional and allow. there is no controversy for the supreme court to decide. i think they wanted the state to make the decision so they are not making the decision. >> and what about for instance

in missouri. the population took a vote and the voters don't want gay marriage and in comes a federal judge who said i am sorry. >> one is the legislator and governor of the state wants to legal otherwise. new york through the political process legalized same- sex marriage. but the federal cases are deciding if there is a constitutional right. and the supreme court is going to have to weigh in and say if it is the right or wrong. because there is precedent with the local federal court saying that same- sex messenger should be legalized. >> again, if there is a public referundum, the public has by what ever margin vote today down. >> that's the problem here, jon. you are correct. the legislature should have ability to make law and not have the judiciary over throw them. but that is what is happening.

schedulia wrote a dissent with this issue in mind and with the concern that voters in various states would not have a say. >> i thought about it when way back then. if they get married in massachusetts and moved to utah or montana. >> voters can't ban same- sex marriage if there is a right. the supreme court hasn't weighed in. you are seeing federal courts address the issue. can voters ban same- sex. and the supreme court will weigh in eventually, i think. >> we'll continue to keep an eye on it. >> it is a confusing issue. it is getting thrown out like in utah. >> it is right now. maybe the supreme court will weigh in. dan shore, and heather, thank

you both. >> thank you. cutting out the middleman and hopefully the cost to you as well. food prices can rise six percent and dairy prices up 3 or 4 percent. and something they are watching and how can we get it for less. douglas kennedy is live in the new york city newsroom. >> if you want fresh produce you have to travel to the farm. new technology is promising to bring the farm to you. >> we pick to order. >> amy's family has been farming the new york hudson valley for seven generation. 2014, she faces the same proble last 200 years.

>> reporter: what occupies your mind is how to get thelets and ka leto the people. >> we pick every day and find the distribution that connects the food to the people. >> reporter: for smaller farmers middle men can mean big bucks and not only take money. take time. making lettuce not as fresh as when it loves the farm. now benzie is using technology to solve both problems and call it farmiggo. >> we collapse the food chain. it is 60 or 70 percent with wholesale. >> reporter: consumers shopping for what farm i thinko farmer ares are selling and pick it up from a designated location from

their home. this is a farmer's market on the internet. >> farm to table and connected to neighborhoods in every suburb. >> reporter: it is taking advantage of the grow local and buy local movement and farmer ares say that usually is world of mouth. and he insists is the best way to eat. >> soon as you eat it after it is pecked it is delicious and nutritious. >> and farmiggo will get it to you son. that's it. >> i am an expert on line shopper. pretty son you will be able to stay in bed all day and it will be delivered. if it works for shoes, it will work for fruit. thank you. >> fox nows alert about the death of former united states

septemberor howard baker junior. he served 16 years out of the state of tennessee. one of the gentlemen of the senate presided as majority leader and meanerity leader back in the time when the senate was a less polarizing rise. he pulled out of the presidential race before the nomination eventually went to ronald reagan. and he came to serve as president reagan's chief of staff and ambassador to japan and man known in the watergate investigation what did the president know and when did he know it? howard baker, dead at the age of 88. 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. t! [bell rings] this...is jane. her long day on set starts with shoulder pain...

...and a choice take 6 tylenol in a day which is 2 aleve for... ...all day relief. hmm. [bell ring] "roll sound!" "action!"

hi, everyone. i am gretchen carlsson coming occupy the real story. we know that irs targeted conservative groups but what about proisrael groups. we'll have an interview. and what if you are a die worth 40 million & no children and no will. we'll show you where his money ended up. you are going to want to hear the tips of what you to do and before you go away and love that money. and who will win the world cup. highway lights after the top of the hour.

>> u.s. forces back in iraq and more than half of the 300 military advisors are in bagging about and they face a daunting task of trying to turn the battle against terrorist. this as a leader of one of america's most loyal allies continues his trip to the united states. perez received the congressional gold medal and behind the scenes, smiles are replaced by worries. israel is concerned about another menace and the turmoil in iraq is only a sign of things to come. >> and michael, it is great to have you on the program and you take a look at this side of the story. what is the concern in israel. >> reporter: perez is just speaking with members of congress and addressed a bipartisan group in the rotunda in congress when he was

awarded the metal and he said that the classic map, the 20th century map of the middle east is falling apart. and that the rules of the game have changed. secretary kerry was on the phone with israel's foreign minister and the israel foreign minister said the same thing and said that isis is a threat to the region. >> what does israel think about our decisions thus far in the region? >> reporter: it is complicated and we came out with a report recently that we were talking about the pentagon's ability as perceived by the israeli government to train arab forces. and it was not so much a criticism by the israelis of the administration as a question of whether it is feasible to

train sunnis to fight sunnis and other arab forces to fight arab forces. >> which is ironic as well. the advisors going to iraq to firm up the military that is there now that we trained. michael 30 seconds and i know it is difficult. what is the state of our relationship tone the united states and israel? joishgs i would say it is pretty strong. perez had a major dinner last night and it was extraordinary to so the bipartisan ship. supreme court justices and the entire membership of congress and president's cabinet all turned out and it was turned out and it was impressive. region who is our real ally, a reliable leader. michael thank you for the time. we appreciate it. >> sure. >> a business boom in the heartland to tell you about.

how fracking is spawning a whole new industry and the jobs that come with it. coming. y

>> right now a new land rush to catch in on the fracking boom but companies involved are not looking for oil and gas in this case, they are looking for sand. and it can be very lucrative with big payoffs for local communities. it's not without some room for debate. we go to utica. >> reporter: this may look like plain old sand. it's got a name. ottawa, white. you can only get it in iowa, illinois and minnesota. it creates a boom and a controversy here in the heartland. it's like there's a new gold rush but in the midwest and all

that glitters is sand. >> the demand for this in high quality sand is revitalizing these communities. it's bringing jobs back. it's bringing families back. it's putting a paycheck in the pocket of many people. >> reporter: it's sparked by hydraulic fracturing or fracking, the process of horizontal drilling that fors fossil fuel from deep within the earth's crust. sand and water are part of the process. and midwest sand is the best. >> this sand is very smooth and round grain and very strong. >> reporter: financially strapped towns have become annexing land and selling to it mining companies for a share of the profit. >> not just financial benefits it's the jobs that we create and then it's the ancillary jobs that are created by us doing business here in the area. >> reporter: larry flynn farms land his family has owned since the 1800s. now the sand mines are closing in on him. >> we don't want to sell but with these sand mines we have

one to the south and they bought some ground to the west and another one will go over here to the east and i'll be like a little island. >> reporter: the hope of $50,000 an acre was enough for flynn to put a for sale sign on his family legacy. unlike a crop, sand can only be harvested once. >> what they are doing is a very short temple infusion of known a limited number of people in these towns. but the farmland is gone forever. >> reporter: the estimate is there's enough sand in the ground to keep the mines open for 25 years. john? >> wow. what a story. thank you. how much is a four bedroom house cost in your neighborhood? next we show you a house you can buy for a buck. but there's a big catch. pay cash. wait until you hear what it is.

>> here's your chance to buy a four bedroom house for a $1. smith college in massachusetts is offering the home for next

nothing but the buyer has to move it off campus which could cost at least $70,000 and course the buyer would need some land to put it on. but still sounds like a little bit of a steal. >> if i were up there i would do it. >> the real story with gretchen starts now. they may have lost to germany but guess what? the united states will still advance. millions watching team usa. hi, everyone, gretchen carlson here. welcome to the well story today. our boys facing powerhouse germany in their third and final match-up of this stage. they are hoping for a win or a draw, but the 0-1 loss allows them to advance to the next round. mother nature, she didn't cooperate. tropical downpours flooding roads across northeastern brazil. this is what the team posted on twitter. that's the view from the windshield of their bus as they were heading to the stadium to play today. thousands turning out in california, seattle, washington, d.c., dupo