smoke, thank you very much. i love people. so there. >> it's not allowed. in a public place, you can't smoke. >> fine with me. >> it's an acute study. we'll see how it pans out in the future. we can learn about you from your phone. >> where is your iphone? >> we've got to go. that does it for us. the suspect in the benghazi attack that killed four americans gets its first day in court. ak m achmed abu khattala faces court. president obama ponders exactly how far the u.s. will go to help, and one iraq vet in the house affairs committee says it's time to consider more action. and a check on presidential power. the supreme court rules against some of president obama's recess appointments as house speaker

john boehner threatens a lawsuit. will this put the brakes on a case critics call executive overreach? our editor will break it all down. i'm shannon green. america's news headquarters live from the nation's capitol starts right now. iraqi helicopter gunships are striking in positions in tikrit today. they vowed to take down hassein's hometown today. hello, conor. >> hi, shannon. they are holding operations around the country to take back territory. this appears to be the most concentrated effort we've seen in the last two weeks or so. saddam hussein's hometown sits

just outside baghdad and is really key to controlling the capit capital. the battle of tikrit has been one of the bloodiest in this complicat conflict, using helicopters and tanks to try to control the city. insurgents control much of the city. rebels have laid booby traps controlling the flow in and out. more than 2,000 u.s. troops are on the ground. they have received some boosts of equipment. turning to russia, iraqi officials announcing the delivery of russian-made fighter jets. the u.s. has long promised the shipment of f-16s to baghdad, but iraqi officials reportedly turned to russia after continued delays from the american delivery. congress has really been reluctant to provide advanced military weapons to the malaki-led government. but they are meant to meet on tuesday and they could remove

malaki to power. that might open the way for the u.s. to send more advanced weapons to baghdad and the iraqi military, but that's a bit unknown. there is a lot of political wrangling going on in baghdad. it's not clear who will end prime minister. malaki is the most likely, but there is a lot of pressure from the outside to remove malaki from power, shannon. >> thank you very much for the update. for more, let's bring in republican adam kissinger. he is an iraq veteran. thank you first for your service. >> you bet. thanks. >> i would like to get your take having served there about what we're watching now. >> what we're watching in iraq is the worst case scenario, and that's what people need to understand. the idea of iraq falling and seeing a terrorist organization like isis come in and take power, at least begin to pay parts of iraq is to me the worst-case scenario short of if we had dmd in it or something like that. what you have is this bacteria

growing, in essence, in syria. it's now spinning out in iraq and that state is threatened. we do have a threat of what happens if it moves into saudi arabia, lebanon, jordan, places like this? this has to be pushed back and it has to be pushed back in a conservative and serious way. >> we're hearing from the ap that they're exhausted, there is a lot of attrition. leaders there saying, we would have welcomed this a year and a half ago. we needed the money and the help then. will the money be enough to help now as the right decision? >> i think it remains to be seen if it's going to help now. the president should have been involved in this years ago. we were calling for action then and arming the rebels. the thing to keep in mind, there is really three people at play or three forces at play in syria. you have the assad, you have the free syrian army and then you have isis. the free syrian army of late has actually taken troops off the line to help the forces. i think arming the people and helping them in their fight helps push back isis when had he

we need to. i think it's a smart way to go but we're a little late. >> we know there are armed drones flying over now. administrations say they have no authority from the president, none given to fire on anybody, no air strikes. where do you think we go from here? how involved do we actually get? >> with this president, i haven't been able to predict him, to be honest with you. just what i think he'll do something, he doesn't. i think we have to have a robust air strike here. you have to knock the hornet's nest down. it's going to take manned aircraft, it's going to take some drones and everything else, but we're going to build our surveillance capability. hopefully the president is doing that now. special forces on the ground to help target. this all should have started in january. isis took control of folusia six months ago and we're acting like it took us off guard. we are where we are, but we need to put isis where they're at and give breathing room for the

military system in iraq but also americans to take their land back. >> the president campaigned on and won twice on getting out of these wars, getting out of afghanistan, getting out of iraq. and now what you're suggesting -- and we don't know what he'll decide to do, but it sounds like there is a possibility that the u.s. gets involved even if you're talking about an air strike, not troops on the ground, and we have military advisers there. we know that they've been sent in. but how can this president get us any more involved when so much of his campaigning was about getting us out? >> that's going to be his call, and that's where leadership comes into play. you can be the kind of president that stands in front of the american people and says, i know you're war weary, i know you're war weary, that's it. or you can be the kind of president that says, i know you're tired, but it's so important we prevent isis from fate in the united states. that's what we need out of this president. if he believers this needs to be done, he has to begin making his case to the american people who

rightfully look at their commander in chief and say, if he's not committed, we're all war weary and tired. he has to make that sale. >> what's happening in iraq now? >> on september 20, 2001, we didn't see al qaeda as a threat. then we found out they planned 9/11. isis makes them look like kitty cats and dogs. >> thank you very much for your service in iraq. >> you bet. thank you. some at home with concern over u.s. advances in iraq. speaker john boehner has been especially critical over the white house and is worried about further deterioration in the mideast. >> how do you feel about bringing iran into the discussion about iraq? >> bad idea. the iranians are, in many respects, the common enemy for a lot of our friends out there. the idea that we're going to

welcome iran in to solving the problem in iraq is like bringing the russians in to solve the problem in ukraine. >> tonight join chris wallace for a special featuring dick cheney and his daughter liz. they share their thoughts on iraq and the rise of a terrorist state. that's tonight at 9:00 p.m. eastern right here on fox. nearly two years after the benghazi terror attack that killed four americans, legal proceedings are beginning for the lone suspect actually charged in the assaults. auk med abu khattala entered a courthouse and entered a not guilty plea. katherine is here for the first step in a long process. >> i was standing less than 25 feet from the benghazi suspect. i see hair is gray and matted with black. he appeared dazed and then

became laser like in his focus, almost hanging on the judge's every word. he stood with his hands behind his back as if he were handcuffed. as the session moved along at a leisurely pace, his daze shifted to focus and down, almost depressed. this morning we're learning more about his interrogation on board the u.s.s. new york. the benghazi suspect is described as cooperative to fox news but not forthcoming. it was always unlikely they would learn a great deal in about ten days' time. also the chairman of the house committee saying this morning there are a dozen indictments out there for the benghazi suspects. a target list was drawn up within 48 hours including members of khattala's group and the al qaeda affiliate in north africa. >> now we're finding out that the reason why he wasn't apprehended as quickly is because we were so focused on building a criminal case rather

than capturing these suspects who are responsible for attacking benghazi and killing our u.s. ambassador and three others. >> khattala now has a public defender and the full constitutional rights afforded to any criminal suspect in the federal system. he now has a series of procedural hearings over the next ten days with u.s. officials promising more charges in the near future. yesterday the single candid report for terrorism was unsealed, and quite frankly, there are scant details about khattala's alleged role. that may be for legal reasons to try to protect the prosecution's case, but we'll see the full detail and the depth and breadth of those charges that they're promising in the future, shannon. >> katherine, thank you. >> you're welcome. she's been made to be a villain in a way that's very, very unfair. she is a person who did

everything she thought was right, and now she's being blamed for things which aren't really even scandals. >> william taylor defending his client lois lerner on state of the union. this is just one of the controversies that president obama has dismissed as phony. >> investigators trying to track down e-mails to and from irs officials say they basically see these crashed hard drives as speed bumps. while it's not certain what may or may not have been typed out in terms of orders to targeted conservative groups, one thing is certain over the committee chairman darrell issa, lois lerner broke the law. >> she knew she had to preserve these e-mails and not have print to paper, which is a policy she

had to know, is pretty hard to believe that there aren't paper copies. so do i believe that she printed to paper? yes. she's an attorney of long standing, and it's kind of hard to believe that you wouldn't cover with your own paper copies. >> but lois lerner's lawyer says the e-mails that can't be found now are from way before the alleged targeting, so it's their opinion that the messages are irrelevant. and the congressional complaints about missing files and broken laws amount to election politics, that's it. >> nobody was thinking about trying to keep anything from being discovered. she was as upset as anybody else was about the loss of the e-mails and the other documents which were on there which were quite important to her. >> we caught up with lois lerner's lawyer on the street today. he said the embattled former irs official is trying to put all this stuff behind her. william taylor also predicted that learner will not be prosecuted. shannon? >> all right, peter.

thank you very much. we want to know what you think at home. will those missing lois lerner e-mails ever be recovered? why or why not? we will read some of your responses later on in this show. irs, benghazi, fast and furious. are they all scandals or are they part of president obama's balance to have a fair country. and did he leave his toddler in the car to swelter to death on purpose? his claim and why he said he did it. fifteen minutes could save you fifteen percent or more on car insurance. yeah. everybody knows that.

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comcast business. built for business. lois lerner's missing e-mails appear to be turning into a second irs scandal for the administration, the first being the religious findings that were targeted by the agency. the president said the conduct was in excusable, but as he now decided it's just a phony scandal? let's talk about it with former howard dean campaign manager.

good to have you here. >> good to be here. >> when this all came out, the president said i reviewed the watchdog report and the scandal is inexcusable. i will not tolerate this behavior. i'm going to work with congress and do everything in my power to make sure nothing like this happens again by holding the responsible parties accountable. now he seems to think all the hearings on the hill, the missing e-mails, are all phony and crazy. i'm asking you what happened between now and then. >> i think what happened is the process became politicized on both sides, and we're now in it's just political 2014 election year garbage going back and forth on both sides, including the president. i mean, he scores political points by saying, there the gop goes again, stop them in 2014, because this is all just phony politics. part of the reason that happened

is because there is elements inside the gop that did everything from, he wasn't born here -- >> you're right. >> -- all of these that were phony scandals or turned out to be nothing there. so sort of both sides have actually played into each other's hands -- >> but the thing i want to add, shannon, the president ran on transparency and accountability. you can't have accountability without transparency. but let me tell you what is is apparent about the liberals and this president. politics 101. you actually sent the message, put the opponents on the offensive and actually blame them. it worked for the president when he ran the first time, it worked when he ran the second time, but now the american people are not buying it because they're suffering. >> well, and too, though, the polls show the american people, the majority of them, think the president lies a lot. no president wants to feel that way. >> his credibility as eroded

over time, too, everything from if you like it, you can keep it. but both parties have sort of played into the weaknesses of both sides. >> you would think the president at this point in time, and most americans do not like the irs, don't you think he would get some credit if he stepped up and said, wow, missing e-mails. but are you saying he can't do it because of politics? >> no. i think it's in the gop's interest to bang the daylights out of the president and the irs. none of this is real right now. >> the missing e-mails are not real? that's factual. >> both parties are playing 2014 politics, and that's what's real. what turns out your base in 2014? >> and what's real to the american people, 12% believe lois lerner, fox news poll 12%,

believe lois lerner accidentally lost the e-mails. 76%, they don't believe her and they want this investigation to go on. >> and the investigation will. reality on that front will step in when they find illegal activity to charge her on or give her immunity so we find out what's going on. >> three out of four americans want this investigation to go on. >> let me ask you about this, because we have a couple members of congress, including louie goldman, the secretary out of texas, and the other one is eluding me. the two of them have started this piece of legislation. they want to put a bounty so if you work for the irs and you can find them, you get a million dollars. there are some people, because that bill also includes something that would cut all irs pay by 20% until the e-mails show up. is that the type of thing you're

saying the gop is politicizing, and some will say that's cheesy and they're doing it for points? >> i think it's cheesy and it's a travesty in this country. we pay the irs, we pay those people their salary, and now we have to come up with a million dollars up front to be a whistle blower? >> we've seen it with the va and every where else, people lose their jobs. that's scary for them to step up. >> the one point i want to make sure i get out there is the transparency stuff really does matter. and that has been a huge mistake on all of these. politics 101, crisis management 101, get it all out there. get the e-mails out there. take the hit if something happened. throw people under the bus, lois lerner, whoever, if they are responsible. i'm talking about on all these be benghazi, all of it. >> it becomes a secondary

scandal. >> we had to throw him in contempt of congress -- >> which he has been. >> that's not transparency or accountability. >> i know that. >> we have a letter from irs commissioner koskinen saying, we don't have everything ready for you, we're still working at it, we're trying to get it to you at the end of this week. it's july 4 on a friday. are we going to get a holiday dump of some kind of substance? it looks a little sketchy. it may not be, but the timing is suspect. >> well, any dump would be appreciated at this point. >> but the stress cycle on the fourth of july. >> i'll be working. >> if there's anything, fox will be there. >> i'm going to spend my day, i think, reading e-mails on friday. good to have you both here. you did say liberals are brilliant. >> you have that going for you today. >> we are not done with the irs

program. a little later in this program you'll hear from a conservative group that was targeted by the irs. she says the irs e-mails cannot legally be missing. you're going to want to hear from her. tomorrow marks one year since 19 firefighters were killed in an out-of-control wildfire in arizona. questions remain about why the crew left a safe zone and if there was some kind of breakdown in communication. the air force ministry division found no managerial mistakes. the state's occupational safety believes otherwise and fined the forest commission more than $550,000. that appeal is being reviewed. what's a clear case of executive overreach and what they legitimately use of presidential power? plus, as our government drowns in debt, the epa is spending your tax dollars on something that might have you

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people standing up to protect the ballots of power, the check against a too powerful executive branch. >> he's not rewriting it because he's simply implementing it. he's only doing it where he has the powers as the executive for the federal government. >> president obama calls speaker boehner's plan to file a lawsuit against him a stunt. but speaker boehner says it's going to happen, president obama using his abuse of power. benghazi suspect achmed abu khattala is to appear in court again wednesday. he pled not guilty to a first

appearance. the prosecution says more charges will be filed. this is the first step in a long line of hearings. it is one of two cases, hobby lobby, before the judge takes some time off. a white house official says the president plans to write congress tomorrow asking for more than $2 billion to help with the flood of immigrants illegally crossing the border. the president also reportedly wants authority to fast-track the screening and deportation of all immigrant children traveling alone. the emergency appropriation will come after lawmakers return from holiday recess in july. the epa will spend more than a million dollars on hotel accommodations for an environmental justice conference this fall. the math? 195 rooms, 24 days at the

government per diem rate of $219. those are the top stories right now, shannon. back to you. >> all right. thank you very much, peter. >> i've got a pen and i've got a phone. and i can use that pen to sign executive orders. i've got a pen to take executive actions where congress won't, and i've got a telephone to rally folks around the country. >> i've got a pen and i've got a phone and that's all i need. >> president obama's plan to go it alone has set some hurdles this week. the legislative judicial branches have started a push to claw back power starting what some see as executive overreach. the court put a kibosh on the president's orders, and now speaker boehner is planning to sue president obama for overreaching his privileges. hi, chris. >> not that you know or have a doctorate in the law or

whatever, fancy pants. >> fancy pants. joined by another fancy pants. so this week maybe the supreme court took away his pen. maybe the phone, too. >> look, here's the thing. we know just on the irony scale this is a guy who ran for office talking about returning the executive branch to its right ful boundaries, right? that was his thing, signing statements and overreach and all this stuff. democrats point out that the bush administration used a lot of executive orders, but it's not how many, it's how. it's what's in them. and when you say some have said that he's engaged in executive overreach, that will include radical services like sotomayor. the timing of boehner's lawsuit is really interesting, because the whole immigration thing is just hanging fire out there. we've got the crisis at the border, we have all of this going on, and the president tells congress, give me what i want or i'm going to jam it through with executive authority.

essentially the threat is, legalize illegal aliens and then leave it to the next president. if they want to kick everybody out and redeclare them illegal, they can, but you know that never happened. so that's obama's threat. >> secretary jeh johnson, the dhs secretary, when he held a press conference when this thing was just exploding with the border and the pictures were gut-wrenching across the board, people were being locked up and held in cages, essentially. we've seen the picture. he said that this reawakens the conversation we need to have about immigration. if things were set in stone and people knew what they could and couldn't expect, this kind of stuff wouldn't happen. we do have laws on the books for immigration and a lot of them are being enforced. so why do we need a whole new set? >> nancy pelosi is taking a trip down there, the minority leader of the house. this administration had a motto in its early days, which was never let a crisis go to waste. >> rahm emanuel.

>> rahm's the man. i will imagine they will use this crisis to try to jam more on immigration, but they better hurry. i am not a juris doctorate, but if the court is training in a direction that they say the executive branch is out of hand, and they might side with boehner and the house on making him faithfully enforce the laws, if that happens, he can't jam them. he can't do anything to them on immigration, and he would -- unless he flouts the court's decision, he will have to abide and he will have to negotiate with congress to pass legislation. >> even the democrats say he doesn't do that with them. now, this is a man who is very respected for a lot of things intellectually, and that he served as a constitutional law instructor. so my question is, is he aware of the ways in which john boehner and others say that he is violating the constitution and he's acting, anyway, or is

he unaware? he was a constitutional law instructor. >> but you know very well there is a giant argument in the united states about what the constitution is. is the constitution the rule book for the government, or is it a living document that was a little outdated and a little outmoded, a little crusty and fusty. sometimes you have to bedazzle the constitution a little bit, and some who tout their constitutional law scholarship says this is a fundamental document, where other people say, it means what it says. and the president doesn't agree with those folks. >> we didn't agree with him, either. chris, always good to see you. coming up, a family says goodbye to their son while the dad sits in jail for his murder. did he intentionally leave his little boy in a hot car, or is there a whole lot more to the story? new details about this tragic

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a georgia father sits in jail as his little boy is laid to rest. the boy died in his father's hot suv after being left there. and now questions are being raised about an on-line search the father admits to making. leyland vitter joins us live with the very latest details. leland? >> reports from georgia indicate that not only did the father admit to searching the internet about how hot it needs to be for a child to die, but the boy's mother did as well. justin harris pleaded not guilty to leaving his son in a car for seven hours. harris told police he drove to work with his son cooper in the back of his suv around 9:00 a.m. came back to his car midday to put something inside. finally around 4:00 p.m., he

left the office only to stop at a shopping center and frantically began cpr on his son yelling, what have i done? by then it was too late. cooper harris died of heat exposure while in his car seat in the back of that suv. family members held cooper's funeral while his dad sat in jail, calling in on a speaker phone to the service. a search warrant issued hours before the funeral reveals the father admitted to police that he searched the internet for child deaths inside vehicles and what temperature it needed to be for that to heappen. he explained his internet search to police, saying he was fearful something like this could happen. harris has been charged with second-degree felony to a child and attempted murder. walking out to his car and not noticing his son or other

information, they have not said. >> thank you, leland, for the update. the irs e-mails cannot legally be missing. that's the argument of one group that says it was targeted by the agency back in 2009. lori lowenthal marcus is the president of that group and joins us live. lori, good to see you today. >> thank you very much, shannon. >> you made claims years ago that you were being targeted based on the viewpoint of your group, so at that time years ago, you filed a lawsuit. and it would have involved these e-mails about targeting what was going on, and under the federal rules of procedure, civil procedure, the court rules, as lawyers we know this, they were supposed to preserve any evidence that dealt with this. so what do you know about what did or didn't happen? >> let me just tell you, it's not just evidence that relates

specifically to our case. it's any potentially relevant evidence that they must -- they were under a legal obligation, as you say, shannon, to retain. so we're about to find out. we've already sent our first salvo. we're in the discovery phase, as you know, of our lawsuit, which was filed back in august 25th of 2010. that's an important date, because from that date, the date that our case, z-street versus shoman, who was the commissioner then of the irs, all hold potentially relevant evidence pointing to some policy created or actions followed by irs agents to treat differently those who were seeking tax-exempt status, treat them differently because of their political viewpoints. anything like that is relevant and should have been retained.

it's not an argument -- go ahead. >> as you said, it's not an argument. so what if something that is potential evidence in your case that was filed back in 2010, what obligation did they have to notify you if that evidence potentially went miss singmissi? >> it's hard to say when did they have to tell us they already broke the law? that's a hard one to answer. but they've given us now at least two different steps, both the computer crash, maybe it was someone's fault, maybe it wasn't, but then to physically, manually, intentionally destroy the tapes where it had to have been stored and should have been stored, that's something they did affirmatively. the legal department at the irs had to know this, the justice department's lawyers who are assigned to this case had to know that they were under this obligation. it's a really big deal.

>> it is. and as you were one of the first to go after the irs and push back against this, your case has been on the leading edge of this entire thing. and now how would this, if it turns out that evidence relevant to your case is gone for good, how does that impact your lawsuit? >> well, two things. one, i don't think it can be gone for good, we just have to look a lot harder and the government it going to have to work a lot harder to help us find that material. because, of course, every e-mail has both a sender and a recipient. so unless, you know, computers crashed all over the country and nobody knew about it, that's troublesome. but, you know, there is something in the law, shannon, you know as a lawyer, that if evidence that should have been retained, called expoliation, we may have a separate claim against the government for that, and the court may be able to draw and probably would draw an

adverse inference from this destruction of evidence. >> lori, i'm sorry, we're out of time. please keep us updated on your case. very, very interesting. great to see you today. >> thanks, shannon. thanks a lot. so-called hobby lobby case, religious rights of an employer versus the obamacare mandate. which way will it come down tomorrow? 10:00 a.m. eastern. we'll be there with running shoes on. next, an out of this world sighting. what was it above the skies in hawaii? next. h. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

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supreme court comes down in the hobby lobby case, which pits the religious rights of employers against the obamacare mandate that they provide employees with cost-free contraceptives. let's talk about it with our guests. welcome to you both. >> thank, shannon. >> good to see you. >> kerry, i'll start with you. what is the impact of this religious rights concept beyond hobby lobby, should they win or lose tomorrow? >> well, this will have to do with whether our nation that is so diverse and has to many different religious traditions in it. people are allowed to continue to practice their faith. the greens built up their business over 40 years. now the government is staying they have to choose whether to follow their faith or the law. under the first amendment, that's a choice they shouldn't have to make. >> elizabeth, i know you and many others believe that corporations don't really have religious convictions.

do you think that's how the government wins this case? >> i think that's the supreme court certainly should rule that corporations like hobby lobby do not get the protections of religious free exercise, something that throughout our nation's history has been understood to protect living, breathing individual beings and not privately owned for-profit corporations like hobby lobby. that would be an entirely unprecedented step by the court. >> well, and kerry, during the arguments, a couple of the justices, and i think justin kagan primarily, said hobby lobby has a choice. if they don't want to follow this, they can drop health coverage for their employees. they would go into the exchanges, essentially, and hobby lobby would pay a much smaller fine than the one it would pay if it doesn't follow the mandate. why isn't that a solution? >> well, first of all, that would require them to drop health care for their employees. it puts them at a disadvantage in the market competing for employees. they want to provide that for their employees. second of all, they still would be fined $2,000 a day. that adds up to about a $26

million annual fine. that's a tax on religious exercise. that's just not constitutional. >> well, elizabeth, where do you draw the line then? you know, there were so many examples during the oral arguments, during a number of the briefs filed saying, you know, where do you daraw the line? if somebody is a kosher butcher, should they be forced to sell products against their faith? is there a way to find a balance? >> i think the supreme court has struck the balance and our founders also struck the balance when they drafted our first amendment, which protects against an establishment of religion by giving state preferences to religious activity and also the free exercise of religion, which protects an individual's right to free exercise. and in this case, the court has never said that a for-profit corporation can impose its religious -- the owner's religious beliefs on the employees who work for that company. i think, you know, to the extent you even know the religious beliefs of the folks who own the company you work for, you might

have very different religious beliefs. it could impede on your religious liberty to have the employer be able through the corporate form to impose their personal leafs on you. >> all right. we got to leave it there, but raise your hand if i'm going to see you at the court tomorrow morning? >> oh, i'll be there, running shoes on. >> all right. all three of us will be there, compare running shoes. see you there tomorrow morning, 10:00 a.m., ladies. thank you. >> great, shannon. thank you. all right. it was a sight to see in the sky over hawaii. nasa was testing new technology designed to bring a heavy spacecraft and one day even astronauts safely to mars. a huge balloon hauled a flying saucer into the sky. it rocketed 30 miles higher before splashing down in the pacific. even though the parachute only partially opened, nasa says the $150 million experiment was a success. your twitter answers on the irs coming up next. woman ] i've always tried to see things from the best angle i could. it's how i look at life. especially now that i live

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love this. a 100-year-old world war ii vet is a high school graduate today. he only made it through the eighth grade before he left school to work on his family's dairy farm. then he was drafted. well, he fought on the front lines of world war ii and suffered a bout of malaria. he graduated, you saw there, with his great, great grandson, who said he was proud to be a part of the ceremony. congratulations to you both. >> we asked you, do you think the missing irs e-mails will ever be found? here's a sampling. david says he thinks they're gone forever and, quote, were destroyed intentionally. jim's not so sure. he wrote, this is not 1973. all technical communication exists somewhere, it's just a matter of where. scott says, it takes two to e-mail, someone on the other end may have a, quote, smoking gun. this ain't over yet. thanks for sharing. that's it for us here in washington. "fox news sunday" is up next. i'm shannon bream.

thank you so much for watching fox, where more news is always on the way. don't forget, the 9:00 p.m. special tonight on iraq hosted by chris wallace. i'm chris wallace. house speaker john boehner charges president obama with abusing his executive power and plans to sue him. >> i believe the president is not faithfully executing the laws of our country. >> they're not doing anything, and then they're mad that i'm doing something. >> how strong is the case against the president? and with the supreme court ruling against some of his recess appointments, is mr. obama guilty of presidential overreach? we'll talk with two house leaders, bobbed goodlatte and xavier. then, a suspect in the benghazi terror attack is now