parsimonious. i'm bill o'reilly. please remember, the spin stops

decided to go around congress, that he had the power to bypass senate approval. this kind of action that then candidate barack obama complained about when he was running for president back in 2008. >> this is part of the whole theory of george bush, he can make laws as he's going along. i disagree with that. i taught the constitution 0 years. i believe the constitution, i will obey the constitution of the united states. >> well, you didn't. say the supreme court justices. senator mike lee in those hearings today joins us now. senator, he just didn't. and at the time, the white house is pressed on how they can be arguing a recent appointment made while the senate is not in recess can be constitutional. we had jay carney telling us,

well, it just was >> that is right. you have the president of the united states in one segment telling us he's going to follow the constitution now, 13 incidents in which the supreme court concluded that the president was wrong. today, they concluded ours is not a government of one the supreme court smacked him down, yet again. it's a good day for america, but sad it had to get to this point, megyn. >> harry read came out with a statement today said as follows. president obama did the right thing when making these appointments on behalf of the american people. nlrv ceased to function and he goes on to talk about how, you know it was suffering and they needed you know people to resolve these labor disputes. he neglects to point out

republicans had tried to fill those very seats. and who was it again, refusing to give candidates goaboats to them on nlrv? they need those nominees. >> yes. he said they needed them. yet, the president didn't bother to give us a chance to process nominations first. it's quite ironic, megyn that he is talking about how this was a tragic day in american history. the supreme court enforced the constitution. hairy read is talking about how necessary to invoke nuclear option. what he did was to break the senate rules in order to change senate rules. >> okay. so, what hairy reid did in november is that he broke the senate rules that require a 67-vote super majority in order

to change senate rules requiring 60 votes to get a presidential nomination. >> my bad for asking a lawyer and u.s. senator to try to explain something so complex in a quick 30 seconds he's talking about the fact he changed rules to make it easier for democrats to get judicial nominees through. however, here is my question to you. will this dissuede the president from the pen and the phone on a good-forward basis? 13 smack downs? >> i hope it will. but so far, every indication is that this president is going to continue openly flouting the constitution. but i think we can change. that we can change it this november. when the american people show up, and really strong, overwhelming numbers in house, senate election as cross the country, and they vote to elect republicans, i think the president, at this point might pet the message. at this point, a minimum, we can see the president will have his power stripped or pushed back by

a strong republican majority in both houses. >> we'll see. senator, good to see you. >> good to see you. >> today's supreme court decision is just the latest set back for the administration. we've now seen weeks of negative cities on everything from the decision to he lease top five taliban leaders to irs telling investigators it destroyed e mail evidence. lost, they destroyed the remnants of it. wiped clean hard drives ta were critical in litigation and created an appearance of guilt in the scandal over its targeting of the conservative groups president obama in minneapolis suggested these are all just fabricated issues. >> sometimes news being reported on is really important. i mean what's happening in iraq is relevant. but sometimes, the news that is coming out is just, these are just washington types. they're fabricated issues. they're phony scandals that are generated.

it's all geared towards the next election or gining up a base. that must feel frustrating and it makes people turned off from the idea that anything can get done. just because it's not reported in the news, i don't want you to think that i'm not fighting for you. >> brett bozell president of the media research center. it's all phony scandals? other than iraq, that is legitimate. everything else is phony? >> this man has no shame. this is from the clinton play book from 1990s every time bill clinton got into trouble with a scandal there is a whiff there might be media coverage he'd complain about the media. it worked every time. they'd go running for the tall grass. look. here is the reality of barack obama. he is the most-pampered president in the history of the united states in the eyes of the media. if it weren't for those reporters attacking now, barack

obama wouldn't be president. but we ran numbers for you tonight. you're going to love this, this is a man who is complaining about the media coverage of the nonsense so-called scandals think about that. abc, nbc, cbs. between morning and evening shows, since june 1st, there has been 198 hours of news programming. there have been 17 minutes and 48 seconds of that devoted to the va. 20 minutes that have devoted to the irs. to put that into perspective, each one of those scandals has taken up exactly 2-tenths of one percent of news time on networks. and the plan is complaining. >> that is the problem, that it's taking up any time. this thing is that we had benghazi for example. so many in the media refused to cover, then, the president

seemed to be in a sweet spot. thousand you've got 2-ten or whatever, it's too much of the main stream media talking about the irs. they want to guilt or shame them of doing. >> it's what is going on. he's trying to intimidate the press. what's happening now is that you've got liberal reporters like mike halprin coming forward and saying to their industry enough is enough. you've got to start covering these scandals that is why he's going after the press. >> now, irs scandal starting to reach critical mass, again. and 70% of the people feel there

is nothing nefarious connected with that excuse now, you're hearing the main stream media trying to excuse the scandal away trying to say let's not lose sight of what the irs scandal is about, which is those evil conservative groups trying to convince us what the irs did but they were in the right >> show us victim from irs? >> there are victims all over america. >> if only you open your eyes and see them. frank, good to see you. >> thank you. >> coming up, as we watched rise of the world's first terrorist state, in iraq into syria, some suggesting we could be seeing a new era of islamic

fundamentalism. general tom mcenernie is next on that. and irs investigation escalating. more calls for investigations. darrell issa last night, and a suggest that this could now spell new trouble for attorney general eric holder, who refused, thus far to appoint one. >> attorney general eric holder continues to refuse to appoint a special prosecutor to continue to investigate the abuse of power by the irs. he should be impeached. tends to. while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function

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megy megyn. well as we watch the rise of the world's first terrorist state in the heart of the middle east, some analysts are suggesting we could be seeing a whole new era of islamic fundamental lichl. they launched new attacks on thousands of christians in iraq overnight. in afghanistan, the taliban actually cut off therpahy finge some men who were brave enough to vote in that country's ongoing elections. in this country you dip your fingers in ink when you cast a ballot making them easy targets. you remember the story of a woman sentenced to death and forced to give birth in prison for marrying a christian man professing her christian faith. just last night, at least 21

people were killed in an explosion in nigeria as they planned to wap their team play in the world cup. that's the same country that 300 school girls were snatched last month. retired air force general mcinerney is a fox correspondent. that's the question where we're seeing contrary to the representations on a campaign trail during the last presidential race from our commander in chief, a dramatic rise in terrorism in al-qaeda affiliated groups. >> absolutely. there has been a dramatic rise in radical islam sweeping across not only the middle east but central africa. you just showed a couple of scripts on nigeria. be ka haran kidnapped 300 women. that are affiliated with

al-qaeda in iraq. you go into north africa, what's going on in libya today, what's going on in syria and iraq. clearly it's got its global nature to it including afghanistan where the taliban are really de facto -- not de facto. they're radical islamists associated with al-qaeda. i believe, megyn, because we've been giving indications of withdrawal, iraq, two and a half years ago, afghanistan coming the end of this year. wear sending signals to radical islam around the world that we're leaving the battlefield. >> but let me challenge you on that. if we hasn't gone intoió[o]iii mean, these i people that hated us before 9/11 they would have continued to hate us. what about u.s. policy has caused these groups to rise? is it something we've done as a

country or is it more about who we are and what we believe in that just causes them to hate and now causes them to grow? >> it's who we are. boca haran, western education is a sin. i'm not saying we should not have gone into iraq or afghanistan because i believe in supporting that. >> i'm saying whether you had a republican or democrat in the white house. >> correct. >> do you believe we'd with be where we are right now? >> yes except if we left forces behind in iraq. i think we would have been able to get stability in there and balance as they make this transition. when we pulled out animally ki who was clearly inclined and proxy for iran and he got rid of all of the sunnis, that's what's creating the problem here today and that's why -- look.3;me turkey, saudi arabia, qatarys,

they're supporting isis, funding them. we're caught in the middle of a war between the shiite and the sunnis. we've got to realize, let's let them fight this war out. let's not put more american troops in and let's not be a proxy air force for iran. >> let's say we do that, let them fight it out. it doesn't seem reich there's anybody for us to root for. if the world emerges from this with a group that stems across syria into iraq and who knows how far beyond, and one of the mission wills be to kill americans with you can bet on it, at what point do we intervene? then then go to jordan? how big does it have to get before we step in and it's world war ii i. >> well, i don't think it's going to be big was the iranians are stepping in and there's going to be a fight between the

shia and those iraqis and the sunnis that are composed of those nations that i'm talking about. that is not going to expand exponentially like people think it is. there is a big fight coming on between them. let the muslims sort this out. if it gets out of control and they have a large force, that plays into our strength. force on force is where we win. took it 21 days to take iraq down. we'll win that fight, megyn. >> what could we be doing differently here at home when it comes to the expansion of radical islam? >> excellent question. know thy enemy. this administration has a different view.u an example. major hassan, workplace violence, even though he's convicted and given the death sentence, the army still has not said that was a terrorist act and awarded those people wounded and killed with the purple heart. if you go into any of the

curricula in the fbi and d.o.d., they've taken the word islam and radical islam out of it. we are not acknowledging this that this is a dangerous etiology that we're fieging. we're too politically incorrect and we must change that. >> leaving the war doesn't really end it and erasing islam from the textbooks doesn't get rid to have etiology. >> everyone is collects information information about you today. one group is using your data in a way that goes way too far. that's next. plus, top democrat leaders are warning that president obama is about to pull what could be his biggest and perhaps most significant executive action yet. see how this could reshape communities across this country. >> i've got a pen and a phone and you told us your number one olive garden dishes. >> i've got a pen and a phone

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they know where you shop. they know what you buy. and they know how you live. tonight we're hearing how some hospitals are using sophisticated data profiles to identify when patients are making bad choices. trace gallagher has more on a kelly file investigation. >> megyn but the claim is they're spying on you for your own good. companies gather up information about you from things like public records, credit card transactions, even loyalty cards at you local grocer. then they sell that information to hospitals who use it to build a profile on you, you know, where you shop, what do you eat, do you smoke, do you have a gym membership. that information is then put into a predicted model that

gives you a score of how likely it is you'll be sick, have a heart attack or go to the hospital. your score is bassed along the to doctor who may decide to intervene and tell you to put down to twinkie and get back to the gym. we spoke to a doctor in the system who says the hope is to keep patients out of the hospital. >> we're in a time when health care is under a lot of jute any. we have to be efficient open careful with the resources that are provided to us and this is a way to do that, how to best be proactive, to provide the best care to the communities that we serve. >> but that doctor also admits this is unchartered territory and hospitals have to be extremely careful because what's meant to help you could easily be used against you. dr. art kaplan calls it creepy. here's him. >> we may be moving into a brave new world, if you will, where

everybody is watching everybody else and picking out their sins and flaws and reimbursement in health care moves accordingly. but we all ought to be doing it eyes open and with our consent. >> with your consent but for now patients cannot opt out. so when you buy the twinkies, pay cash, not credit. >> good to know. all right. thank you, trace. tell me what you think. send me a tweet or follow me on facebook. check it out during the break and see if you can tell me who the other two ladies are. you're going to know me, i hope, in the middle and there are two other ladies flanking me on the picture that we just posed. well the irs investigation is escalating with more calls for a special prosecutor and the suggestions could spell new trouble for attorney general eric holder.

that's next. >> repeatedly i've called on attorney general eric holder to remove the investigation from the hands of a major obama donor and put it instead in the hands of a special prosecutor with meaningful independence, who at meaningful independence, who at a very minimum is (phone ringing) good afternoon. chase sapphire. this is stacy from springfield. direct access to a live advisor so you can get answers fast, and get back to the beach. chase sapphire preferred. so you can.

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sometimes the news that's being reported on is really important. i mean what's happening in iraq is relevant. but sometimes the news that's coming off, these are just washington fights. they're fabricated issues, they're phony scandals that are generated. it's all geared towards the next election. and that must feel frustrating and it makes people cynical and turned off from the idea that anything can get done. just because it's not reported in the news, i don't want you to think that i'm not fighting for you. >> that was president obama today talking about the so-called phony scandals in washington. and those remarks come after two weeks of very damaging rev rations in the irs investigation and its targeting of conservative groups. it admitted that destroying

e-mails evidence. a wide majority of americans think congress is on to something in the investigation and needs to keep on investigation. now as we're on the rare right now, chris, president obama is at a fun raiser at this moment and he has repeated that claim moments ago saying, we talk about all of these other things that don't have anything to do with what we should be talking about. we talk about phony scandals, we talk abbenghazi, polls, the tea party and the latest controversy that washington has decided is important. this is going to be obviously his new message. to me he's trying to sound like the barack obama who was above it all but now he's in the middle of it all. >> let my say this. it takes a lot to fire up the base accusing the other side of firing up their base. that's kind of a special -- that's kind of a special moment.

that's pretty amazing. >> look at him go. >> yeah. >> it's hard -- when he was candidate obama, senator obama, it was easier to believe about this moral high ground and complained about washington, and bummed you out. now we're bummed out about you. it's like these poll numbers are saying we think your administration did something bad. you can't tell us it's phony. you don't get red of it by telling was phony, phony, phony. >> on everything terrifying islamic army on the marge in northern iraq to lois lerner's hard drive, we have repeated incompetency arguments. we don't see it, we don't know. government is hard. obamacare is hard. everything is hard. we can't do it. we're just trying to get it together. that played for a while but now, especially on this irs case, my

goodness, as you point out, when you've destroyed evidence, when you have noncompliance, when you have people who, as you point out in the poll -- everybody in america would like some greater degree of certainty that the irs is conducting itself in the appropriate way. this is not a partisan issue. then you lay on top of that that you have a strong suggestion from ms. learner we see in an e-mail that one of the most outspoken critics in the senate get a little audit treatment. >> let's talk about that. this broke yesterday and this is extraordinary. yet another extraordinary claim that somehow, chris, somehow a letter that was supposed to go to a republican senator, chuck grassly, magically wound up instead in the hands of the head of the determinations unit, lois lerner. how did she get it and what business of hers was it to start

pushing for an audit in response to a piece of mail she didn't deserve top her hands on. >> i can't believe nobody wanted to know how on earth would she get any invitation for chuck grassly. how on earth does a republican senator of iowa's mail get mixed up with a mid level executive at the irs service. >> how can the post office screw that up. >> and one starts to wonderer show she got it, who gave it to her. we don't know because she won't testify and now we start to see more and more why she doesn't want to testify. how did she get that? my other favorite is the e-mail thread ends and she seems to have accepted the argument from a coworker that this doesn't really rise to the level, so let it go. he must have let it go. or would somebody who has this strangely obtained information and is looking to bring heat on one of the president's critics in the senate, do you think she let it drop there? who knows. but this is the best illustration we've had so far.

when you had not just ordinary americans. in if you want to get congress ready to do something, you make them the subject. >> right. >> congress won't move until they are the ones who are in the fire. >> how the press wasn't paying attention to the executive overreaches until we found out that eric holder was spying on the associated press. now we care. >> that's right. and the senator didn't care that much about domestic spying on regular ordinary civilian americans until it was found out that maybe they were part of that top. enthink that care. and when you have offended the sense of entitlement of politicians, you really got a problem. >> you're in serious trouble. chuck grassly is going to be leading the investigation. good to see you. well with then?ñsf:s growin for more investigation into the irs scandal, we're hearing for a

number of lawmakers now call for a special prosecutor, something that the administration has refused to do. and today texas republican senator ted cruz issued this warning to attorney general eric holder. >> attorney general eric holder has the opportunity to do the right thing. he could appoint a special prosecutor with meaningful independence who is not a mayor obama donor. he continues to refuse to appoint a special prosecutor to investigate the abuse of power by the irs against the american people. he should be impeached. >> jean christian adams. good to see you. impeach eric holder. it's eric holder's decision about whether to appoint a special prosecutor in this case. he's not doing it so. what's the argument? he could be impeached? >> all lesser federal officials impeached. what the argument is that holder is stonewalling.

he has the investigation in the civil rights division where i used to work. megyn, this is where nontraditional civil rights cases go to die. so nothing is going to come out of that investigation. it's being conducted by an obama donor in the criminal section. so what cruz is saying is, if holder doesn't appoint a special prosecutor he should be punished for it. there's a couple of really good lawyers left in the justice department, career credible people with integrity. i know many of them. they haven't been run off yet and they could do something about this. >> let's put that to the side. if they decide not the impeach eric holder, because it doesn't seem like that's going anywhere, could you stop paying him? some folks have said why doesn't congress stop paying him. >> or stop paying a bunch of them. the power of the purse is in the constitution. i think i talked about it two years ago on your show. congress could find the most

corrupt units insidedor the cpd inside the irs and quit funding them. nothing gets funded unless the house says so. it all comes out of the house according to our constitution. the power of the purse is what the founders gave congress for this very moment. >> is there any way to get a special prosecutor without eric holder? i mean without impeaching him but then somehow we end up with one any way? >> no, there really isn't. the justice department is in charge of federal law enforcement. it's up to the justice department to do something as a criminal matter against the irs abuse. thankfully we have people who are bringing civil cases against lois lerner. >> let's talk about that. people want to know what lois has to say. but she asserted her fifth amendment rights when he was called before congress. is she going to be offered immunity so we can hear what she has to say.

he said i'm not giving lois lerner immunity unless he as proffer to me of what she how would say under oath after i give her the immunity. he won't do that in they're at logger heads. is there any way to make her talk? >> she's been found in contempt. so there could with a criminal referral for her contempt. he's pled the phony fifth amendment and the phony scandal. so learner obviously knows a lot. i'd love to hear the stories about the hard drive crashing simultaneously across the irs. i'd love to know why lois lerner gave the fbi private tax files to try to get them to go criminally prosecute conservatives. these are things that lois lerner did and things that a grand jury should know about. >> and the crash came ten days after the irs was put on notice that there was an investigation and they had questions about the far geting. j. christian adams, good to see

you. apparently today's supreme court ruling was making a lot of hay. we'll be back to that in a moment. but we want to get up here. for months we've heard that the white house is warning if congress does not act, the president is going to go around them. and we are now hearing that he may be prepared to pull what could be the biggest executive action to date. up next, see why we may be about to see that move and a little later in the show, oh my go later in the show, oh my go goodness do we have

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we're not just going to sit around and wait for congress. we've been waiting a year already. the president has tasked his secretary of homeland security with reviewing what options are available to the president, what is at his disposal to try to address some of the problems that have been created by a

broken immigration system. >> that was josh earnest, the guy that replaced jay carney. mr. ear nest says the president is going to have to do it on. katy paf litch and an editor. >> katy, they're already saying there was a report saying both parties believe immigration reform is officially dead while president obama is in the white house as a result of several things, not the least of which is eric cantor's big defeat because it backed it and it scared the politicians. but if the president -- i mean is the president actually likely, as josh ernest is

suggesting, to do it himself in. >> i think he's likely but the issue is what is left for president obama to do. we've already seen his executive immigration has an a policy of nonenforcement. the danger here is that the crisis that we're seeing on the border that you've reported on your show night after night with thousands of children coming here without their parents is a direct result of president obama's overreach and executive power grab. so president obama wants to two ahead and create another sfaf like the one you're seeing on your screen right dú@ guest but it's not going to be good for the southern border, not going to be good for the people who try and come here and president obama is only going to create another disaster on top of the one that we already have that is overwhelming the system and the agents who are working night and day to try and solve this problem. >> no sooner do we hear these pictures and hear the allegations and here the white house concede that it may be their actions that have led to

the children coming across the border believing they'll be able to stay, chuck schumer says the following, if they don't bring a bill to the floor, the president has no choice on a humanitarian basis and a policy one to act where he can on his own. they're using it saying the president has got to do it on a humanitarian basis. >> the american people want a solution to our immigration problem. the economy a needs a solution. and quite frankly there are millions of undocumented hardworking families that deserve a solution. >> you've got the establishment gop that's been saying okay. the tea party wing doesn't want it. isn't the answer go out and convince them. >> i think one of the tools is to threaten he's going to go around them if he doesn't. reforming immigration would -- >> we're talking about the politics of whether it can get done and how. katy, go ahead. >> immigration reform is not

going to strengthen the middle class. it will continue to destroy the middle class because you're going to give those people job instead of middle americans. the president demands one thing. that is a comprehensive piece of edge las vegas when the fact is that the border and immigration reform is not a comprehensive piece of litigation that is going to fix anything. you have to do it piece by piece. it's a complicated issue and a year is not long enough to take all of the pieces of the puzzle and put them together. >> what about -- let me ask you the same question. is the president like i to do it? he's had 13 unanimous smackdowns from the supreme court including today. and yet in the face of that, you've got dick durbin in the senate coming out saying if this doesn't happen, then the president, and i quote, will borrow the power that is needed to solve the problems of immigration. >> yeah. >> borrow from whom? >> you know what, megyn, i hope

he does. we've got to push the issue. katy says we don't have enough time. boehner said he would take a peaceful approach one year ago and instead he took a do nothing approach. >> that's not true. >> immigration reform would in fact reduce the deficit by a trillion dollars. >> you can't help yourself. >> it could take the people out tf shadow. >> people have heard the arguments for years. i'm trying to request ask you whether it gets done and how. >> the majority of americans agree with immigration reform. let's get it done. it's in the nation's interest. >> these people are not in the shadows. they're coming to the border and furngs themselves into border patrol and they're being delivered to their families who are living here illegally by i.c.e. they're not living in the shadows. >> we hope they're getting delivered to their families. that's the best case scenario. we're hearing terrible reports of what may be happening to some of the younger children.

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well he was a main figure in barack obama's presidential campaign back in 2008. the terrorists sara palin accused mr. obama of paling around with. for months he dodged the press until after his friend was elected president of the united states. it has been six years and for the first time ever the man who is personally believed to have set several bombs off in this country comes into the fox news headquarters and answers for his acts. earlier today i sat down with former weather yurnd ground cofounder bill aiers in an exclusive wide ranging interview. i asked him about his organization's attacks against america, crimes and so much more. here's a sneak peek.

>> how many bombings are you response, for. >> the underground took responsibility for 20. >> how about you personally? >> mersonally, i've never talked about it and never will. >> stole money? >> some. >> you ripped off dead baby's identities the. >> right. >> and yet the violence continued. just because you went underground didn't mean the violence stopped. >> what violence. >> you bombed the new york police headquarters, march 1 wst 1971, u.s. capitol, may 8 wst 1972, bombed the present gop, january 25, 1979, you bombed the state department. the question is whether u your wife felt as she did in 1970 when she seemed perfectly fine with murder. she said about the charles manson murders of a pregnant woman and six others, quote, offing those rich pigs with their own forks and knives and then eating a meal in the same room. far out.

the weathermen dig charles manson. this is your sweet heart? >> this is nonsense. something that gets recirculated. >> you say in your book that you can't quite imagine putting a bomb in a building today but you can't imagine entirely dismissing that possibility either. what would it take to make you bomb this country again? his answer to that question in any exclusive interview with bill ayers on monday night. set your dvr tonight for "the kelly nobody told us to expect it... intercourse that's painful due to menopausal changes. the problem isn't likely to go away... ...on its own. so it's time we do something about it. and there's help. premarin vaginal cream. a prescription that does what no over-the-counter product was designed to do. it provides estrogens to help rebuild vaginal tissue and make intercourse more comfortable. premarin vaginal cream treats vaginal changes due to

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we have posted that we have posted that ayers clip and my throwback thursday for monday night. you, me and the bomber, bill ayers. >> welcome to hannity. this is a fox news alert. in a major blow to the obama administration, the united states supreme court ruled not only did the violate his executive power but the constitution. the highest court in the land sided with center republicans and returned the 2027 recess appointment to the national labors relations board. it comes on the heels of speaker john boehner's announcement he is suing the president for what he considers his brazen abuse of power. shannon joins us from being there all day. she joi