disillusioned. she is not happy this 4th of july. carrie writes, america means freedom, many colors, many views. all free to debate, travel, wish, to love. you can see mine on foxnews.com. i wrote it there. >> i vote with carrie. >> have a wonderful fourth. "happening now" starts right now. jon: we begin with some developing stories we're watching at this hour. a key suspect in the benghazi terror attack back in court this morning. our catherine herridge is inside that courtroom. she will join us with live report. also a big storm on the move. arthur heading up the east coast and gaining strength right before the holiday weekend. so could it be a washout for parts of the east coast? we'll have a live report. flirting with a whole new high. the dow inching toward that 17,000 mark, up 12 points right now. we are keeping a very close eye on wall street

jon: but first, president obama not backing down, sending a whole new message to the gop. good morning to you. i'm jon scott and welcome. >> thank you so much, jon. i'm good to with you, i'm shannan bream in for jenna lee. the president blasting republicans in congress charging they're quote, doing nothing as he vows to help the middle class. this comes on heels of the president's plans to use executive action to go around congress. the move is, sparking news after legal challenge from house speaker john boehner of the president seems to take it all one step further, issuing this challenge of sorts. >> middle class families can't wait for the republicans in congress to do stuff. so sue me. as long as they're doing nothing, i'm not going to apologize for trying to do something. jon: so joining us now, karl rove, former white house senior advisor and fox news

contributor. karl, he embraced that so sue me line. got a laugh out of it from that audience. are republicans potentially in some way playing into the president's hands with this threat of a lawsuit? >> well, look the president is using this for his political advantage. he recognizes that he is in a bad place. what he is trying to do is stir up the democratic left by blaming the republicans for their failure to adopt his program. but he spent no time trying to sell it. and it look as little odd for him to respond by saying if you don't do what i tell you to do, i'm going to legislate. if you won't pass it into law, i'm going to make it so by my executive action. that unsettles a lot of people. so he simultaneously trying to energize his base and unwittingly not only energizing the republican base by doing this, but i think unsettling a lot of independents. his approval rating, excuse me, the confidence that people have in his administration is now at 29%. his job approval is down near

the 40s or below. in a lot of battleground senate states this year it is well below the national average. but look, you only picked out one of the things he said in those impromptu remarks at key bridge in washington. he had a couple other sinkers in there. he was talking about his highway funding proposal which he has done nothing to push which is based around a tax proposal he made for the last six years in various and sundry ways which has gone no w he said, quote, it is not crazy. it is not socialism. this is not imperial presidency. this seems slightly unhinged like the guy is taking schoolyard insults, that is what providing instead of leadership to get things done. jon: well, and people need to remember, he had two years of his administration when he had a democratic majority in the house and the senate. could have accomplished whatever he wanted. >> right. jon: even if house republicans were to go along with whatever it is he is proposing, they complain that on the democratic side in the senate, democrats are completely blocking any

republican legislation. >> sure. jon: so there is blame to go around. rather than work together with some of these leaders behind closed doors, he chooses to get in front of the microphones and start calling people names. >> yeah. and look, he didn't do any good. if he wanted to get things done, would it be useful for him to do at key bridge and go out say republican choice is between showing economic patriotism, by backing my proposal, economic patriotism, or do what they're doing. he is basically saying they're unpatriotic. how can you conceivably think that is constructive moving things forward when you insult the people you're trying to bring together? this is not even lyndon johnson, come, let us reason together. let me insult you and express surprise you're not excited about dealing with me. jon: yeah. what do you think about the notion of john boehner suing him on behalf of the house of representatives? do you like that move? >> i think it is important. i don't think it is only thing that need be done. remember the president has been

slapped down more than a dozen times by the u.s. supreme court. four times in the last two weeks. this week on the hobby lobby 5-4 and on recess appointments by 9-0. i mean the president has overstepped his bounds. there is us tension between branches of government. i can not find a similar instance where such a short period of time the president is slapped down by the supreme court. that doesn't involve, you know, the vast bulk of the concerns that republicans have about his actions. for example, where is the statutory authority for all of these 39 waivers of major provisions of the affordable care act? so what boehner is doing is very carefully doing what they did in the defense of marriage act. the administration said we're not going to defend a law passed by congress. so congress, the house of representatives, voted to allow the house to step in and fulfill the role of defending the laws as written. that is exactly what they're going to do here. step in and say the president is not faithfully executing the laws that congress passed and that he signed and he therefore

is violating article i prerogatives of the legislative branch. he is not a legislator. set executive. he is now trying, basically saying i don't care, if what the law is. i'm going. if i don't like the law i will do what i can by executive order to change and alter the law. i will tweak the affordable care act. where is the authority to tweak the affordable care act by delaying individual mandate, delaying individual employer mandate and delaying collection of a tax i signed into law in the employer mandate? jon: so it is an imperial presidency in some ways in your view? >> i think he has gone, look there is always tension and i recognize that. there will always be people in the congress saying president overstepped his bound and president will say i'm not, in this instance has not been found not once, not twice, not three times, a dozen times, four times last two weeks to either violated the constitution or violate the laws he i am heavily signed or on the books when he came into office.

yes, this man has done more to reinstitute concept of the imperial presidency since the time that richard nixon put the white house secret service uniform division in those weird uniforms. this is just, amazing for this president who claims to be constitutional scholar, to be thumbing his nose to childishly at the constitutional constraints on the executive. jon: framers of our constitution did not want a king in this country. >> they did not want a king. they didn't want king george iii and didn't certainly want king barack i. jon: karl rove, joining us from, are you in texas today, karl? >> no i'm in las vegas. where when i arrived last night it was only 110 degrees at about 9:00. jon: getting hot in washington too. karl, thank you. >> you bet. jenna: right now in iraq government forces waging a major offensive to try to retake saddam hussein's hometown of tikrit.

[gunfire] shannon: the country's prime minister is saying this is threat to the entire region. as president obama broadens the oust mission to contain the mounting crisis. peter doocy live in washington with the latest. peter? >> reporter: shannon, most of the 750 american troops on the ground in iraq are providing security for the u.s. embassy and other vulnerable areas. 90 of those troops are spending out time scoping iraqi security forces to quickly figure out what their strengths and weaknesses are so the pentagon can decide what to do next. >> will they hold? what's their makeup? are they still a force that represents all iraqis? are their leaders confident that they can do the jobs they're

being asked to do? and then when we have that assessment in hand i think we'll make, not i think, we'll make some decisions whether there is other kind of support that we could provide. >> reporter: iraqi lawmakers lasted all of two hours in parliament yesterday trying and failing to figure out what iraq's new government is going to look like. the sunnis and kurds, just walked out when the shiite members didn't name a replacement for the shiite prime minister nuri alma laky. they have been -- nuri al-maliki. they want iraq to put a new government with isis militants closing in on baghdad. instead they're following a similar, a familiar pattern of the former american ambassador to iraq ryan crocker is not surprised. >> you look at past efforts of gorte formation in iraq. it is a similar pattern. it will be messy. it will take time, even with the wolf at the door.

>> reporter: the wolf at the door the ambassador mentions is is sighs. -- isis. the leader of isis baghdadi is urging all must dim's worldwide rush to the area where isis has taken over which they declared an islamic state. al-baghdadi will build on the islamic state and he wants fighters to flock to the area to help him defenddefend it. >> thank you, peter. as president obama is broadening duties to protect the international airport there. is this turning into mission creep? what is the best way to deal with the crisis in iraq? former u.n. spokesman rick grenell talks about this later on in the show. jon: tons of syrian chemical weapons arriving in italian port today linking up with a u.s. cargo ship that carries equipment to destroy the toxic materials. once the chemicals are transferred the u.s. ship will sail out into the open sea and

begin newt liesing those materials. reportedly this is the last batch of chemical weapons belonging to the assad regime as art of the international effort to destroy syria's chemical stockpile. shannon: more chaos on the streets of jerusalem as palestinians continue to clash with israeli police. this all comes after the body of a palestinian teenager was discovered in the forester on the outskirts of the city. palestinians suspect it is in retaliation for murder of three israeli teenagers whose bodies were found in the west bank last week. john huddy is live in jerusalem with more. john? >> reporter: well, shannon we've seen clashes between palestinians and police, israeli police here throughout the day, basically waves of violence. let me just kind of show you the background here. you could see, israeli police basically, on guard there. that is because rocks, these fist-sized chunks of stone were thrown at them from nearby buildings. they went barreling into alleyway. we heard a volley of explosions

and shooting essentially stun grenade and tear gas at the palestinians who are throwing these stones and other items at the, at the police. and this all started earlier today when news spread about the body, the badly-burned body of a palestinian teenager was found in a jerusalem forest and apparently what we're hearing, it appears he was murdered. there is growing concern, as you mentioned, shannon, that this was revenge for the three israeli teens whose bodies as we've been reporting extensively were found monday in the west bank. those israeli teens of course, as we know, were abducted june 12th. since then the continued to grow, as continued to increase between the palestinians and israelis. even in west jerusalem, yesterday, there was israeli protesters were rallying calling for the, quote, death of arabs okay. so prime minister benjamin netanyahu is calling for a thorough investigation into the

abduction of the palestinian teenager. he is also urging people not to take the law into their own hands. but again, there is growing concern, this is the start of possibly something even bigger in terms of the fight as we're seeing here in east jerusalem. back to you. shannon: john, thank you so much. jon: also, a deadly day in ukraine, days after a truce ended. four ukrainian troops are killed as forces carry out more than 100 attacks on rebel positions, clearing separatist frost three villages in the just the last day. ukraine's president calling off the truce when he said further peace talk provisions were not met. the soldiers died in rebel attacks on government vehicles and checkpoints. nearly a dozen were wounded. shannon: hundreds of people arrested in hong kong today after nearly 100,000 people protested in the city. the annual rally marks the day hong kong was returned to chinese control but these protesters want full electoral

freedom. hong kong police started arresting people when the march ended. hundreds staged a overnight sit-in, described as the city's largest democracy rally in nearly a decade. jon: in this country battle over surge of illegal immigrants seems to reach a boiling point. california protesters succeed in rerouting buses filled will legal immigrant children. where they were forced to go. there is also this. >> zero, liftoff of the delta ii rocket. jon: a rocket launches lights up the sky early this morning. on board very important cargo. details on this new $468 million nasa mission. plus, president obama taking an increasingly aggressive distance against what he calls a do-nothing congress. we talked about it with karl rove but should the president be using executive orders to implement what he thinks the nation's agenda should be?

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a raging wildfire tearing through a large section of wine country in napa. no injuries reported but five structures have been damaged and several people have been forced out of their homes. nasa launching a new satellite into space this morning. the mission, tracking levels of carbon dioxide in the atmosphere and studying the process of so-called global warming. jon: new developments to tell you about on the surge of illegal immigrant children streaming into this country. [shouting] those flag-waving protesters in southern california are blocking homeland security buses carrying some of those children, forcing the buss to deter to a different processing center closer to the border. william la jeunesse, live in los angeles, keeping an eye on this very heated situation. william? >> reporter: well, jon, what you're seeing there is some americans telling the administration this isn't working. its policy of releasing illegal immigrant families into the u.s.

about 100 residents chanting go home. they block ad road into an immigration center in murrieta, small town southeast of los angeles, forcing three buss to turn back to a similar facility in san diego where immigrants will be processed to released to relatives around the u.s. statistically up to 75% will stay, either through asylum or by absconding from hearings. murrieta residents said, not here. >> i'm sick and tired of seeing my tax dollars being wasted. >> we have enough issues here. we have our own veterans. we have homeless mothers. we have a lot of people living on the streets in l.a. we need to take care of these people first. >> reporter: the administration claims this surge is driven by violence in central america. agents say, not true. the children telling them they're coming to live with family, adults citing a script claiming credible fear as perceptions of violence in home decline. the border patrol caught 7,000

unaccompanied minors in 2011. this year is expects 90,000. ice deported fewer than a thousand of those last year. >> ice is basically going to tell them, when you get to your financial destination, this is what is coming from ice sources, told me, they're not going to even give a summons to appeople. they will be told, when you get to your final destination where you want to live, you have 15 days to report yourself to the nearest ice station, give them an address so they mail you your summons to appear. >> reporter: border agents tell me the immigrants are driven by word-of-mouth as those set flee here tell family at home it is time to come. snuggling networks, jon, making 5 to 8 grand a ahead. enriching criminal networks we're trying to stop. jon: unbelievable. what a mess. william la jeunesse, thank you. shannon: huge shootout south of the border. who government officials say was behind this wild scene and what triggered the deadly violence. also, as iraq's prime

minister make as startling announcement about the onslaught of isis militants in his country, president obama is broadening the u.s. mission to support the government there and contain the crisis. is it turning into mission creep? [gunfire]

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the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. jon: right now the aftermath of a deadly shootout in mexico in an area known for drug cartel violence. soldiers killed nearly two dozen people at a warehouse but nation's defense department saying the troops were fired on first and that after the shootout, soldiers rescued three women who reportedly had been kidnapped. they also seized dozens of weapons including automatic rifles, handguns and even grenades. shannon: iraq's prime minister address addressing the crisis ripping his crisis apart warning

the declaration by isis militants they're creating an islamic state in iraq and syria is a threat to the entire region as russia and iran join the fight to bolster the government in baghdad. first session of parliament came and went with no political solution. president obama added estimated 750 u.s. troops on the ground in iraq to protect the u.s. embassy in baghdad and support the iraqi military. we're hearing about them protecting the international airport there. is this turning into mission creep? what is the president's best way forward in this very complicated crisis? let's ask rick grenell, former spokesman for four u.s. ambassadors to the u.n. and fox news contributor. good to see you today. >> great to see. >> no easy solutions in this situation. where does the administration go? we're slowly adding small levels of troops but sounds like they have very specific missions. >> i think we're seeing mission creep. we've gone from 300 to 800 plus. we've gone from the president promising this is just to protect u.s. personnel or u.s.

citizens inside iraq to now not only as you said, protecting the airport which is not ours, but it's also now, we're bringing in helicopters and drones and other military equipment? this is really becoming mission creep. now, look, it's a very serious situation. i just want the president and the white house to be honest with us. what is the plan? if there is no plan and going to be a small mission creep every time we have drama, he needs come doubt and say i will try to keep it low and i will respond to the drama. instead he told us from the beginning we'll withdraw troops. i don't want anybody else there. this is temporary and it doesn't seem to be the case. shannon: what do you make of the position of nouri al-maliki? there are many calls for him to step down. that seems to be growing. there is a lot of criticism for him not being inclusive so everyone feels they have a voice in the post. sounds like if that is the case that is backfiring on him. he is talking about isis a threat to entire region.

out of side of iraq you should be worried too. he is talking about amnesty. if you got swept up with the different sunnis, come forward we'll work something out. do you think this conciliatory tone is too little too late? >> it is probably too little too late. one of the things about maliki we need to remember, iranians want him to stay. we need him to go. we have very strategic interest this region if you think about iran. if this become as caliphate state, if it becomes a larger problem, what it means iran will have more influence and that is what we're constantly looking at. is iran taking advantage of this situation? we've got the talks going on vienna start today on the p5-plus-one nuclear issue and i think that what we're going to see is iran absolutely try to bring in the iraq violence and what they can do to help into these discussions and that should not, we should not allow that. >> i was going to ask you about that. again, there has been bipartisan suggestion and opposition, some

strange bedfellows there, which politics always tends to breed, some saying absolutely in this case, meaning iraq, we have interest that is worth lining up with iran. but as far as everything else that we deal with, with iran, it is not in our interest to be lined up with them. >> one thing you have to remember that iran is the sole number one position for the state sponsor of terrorism. they give funding. they protect. they allow the terrorists to really have a haven under their guard. now, if they are literally the number one state sponsor of terrorism, we know that they're going to be playing some sort of a role inside of iraq. why would we let them inflame violence in iraq, only then to bring them to the table in vienna to calm it down? by the way we'll give you a chip for doing so. it's a really bad strategy for us. we should keep discussions separate and we should absolutely demand that iran come clean and take all of their nuclear programs, get rid of

them, take them out of the country. u.n. inspectors are not going to work and that is one of the things i think we have to watch to see if the administration caved on. shannon: meantime several months have passed and that nuclear program has continued. we'll keep a eye on vienna. rick, shah. >> thanks. shannon: john? jon: troubling new at that cities ticks about -- statistics about soldiers coming home from iraq and afghanistan. high rate of painkiller use among returning troops and what can and should be done about it. plus the storm that threatens to ruin 4th of july plans for millions along the east coast. where is arthur now? what impact might it have on your holiday plans? the answers next.

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jon: fox extreme weather alert. first named storm of the tropical storm season is spinning off the central florida coast. look at what they're seeing in volusia right now. tropical storm arthur is getting stronger on track to become a hurricane in just a few hours. possibly putting a damper on a lot of holiday plans. the surfers out there like it. a lot of folks on land are not going to. meteorologist janice dean, live in the extreme weather center. this could be a big deal, dennis. >> timing on 4th of july weekend plus the first named storm. we do predict it will become a

hurricane. surfers, we need to be out of the water. this is formidable storm. we think it is going to become a hurricane within the next to 24 hours. this is 3d satellite view. you see the cloud tops and move into the radar. closed circulation. this is eyewall started here. that would be beginnings of formation of our hurricane which we do believe is going to happen again, within the next 12 to 24 hours. that is the latest track. as of 11:00. we haven't changed wind speeds, still 64 miles an hour. 74 miles an hour makes it a hurricane. we do anticipate a category 1 which thursday. this track brings it a little more offshore which is better news. we don't want a direct hit. we don't want a landfall but still the cone of uncertainty we have to be aware. anywhere across the carolinas, up towards virginia, still paying close attention to the storm, even over portions of cape cod and islands of nova scotia as this storm eventually exits. it will not be a all weekend

event. it will be thursday, friday, early morning saturday perhaps. this is forecast radar. this is one of the computers models showing hugging the along the carolina coastline. this shows on top of cape hatteras on friday morning. and then moving out to sea. but jon scott, i want to point out real quick, we have potential for severe wither in some big cities today across the northeast. keep very close eye on this, hail, damaging winds, even isolated tornadoes. business, busy day in the fox news extreme weather center. jon: have to put away the surfboard. your wife said so. get out, you have to stop surfing. >> you're right. you're right. he loves hurricane season. he loves going out and surfing. but you're right, he need to come inside. jon: okay. you have been warned. >> that was very good. jon: five minutes. shannon: this is a fox news alert. a second court hearing wrapping up moments ago. jon: for the second, second key

suspect in the benghazi terror attack. akhmad abu khatalla, attending a detention hearing this morning for his role in the attack that led to the deaths of four americans including u.s. ambassador christopher stevens. intelligence correspondent catherine herridge was inside the hearing. she joins us outside the district courthouse in washington, d.c. with more. what happened, catherine? >> reporter: well, thank you jon. i was sitting about 25 feet from the benghazi suspect, akhmad abu khattalah. as he entered the courtroom today he was wearing a green jumpsuit. on the back in white block letters, the word prisoner. he was not shackled. this is second court appearance. we have not seen him shackled in either episode. the preceding had a few hiccups at beginning. ten minutes they were trying to work with the translation headset that was apparently, volume was not right or there was not adequate translation. once that was resolved it moved pretty quickly. the government made a case

today, and it is really not a high bar for them, that he should have continued detention until full trial resumes. they made the argument that he is accused of a violent crime, a crime of terrorism. they also allege that they have a significant body of evidence to back up those claims, statements from individuals on the ground, forensic evidence. as well as statements they say khattalah made once he was captured by u.s. authorities. on the flip side, the public defender who is representing him said, that what the government really offered for continued detention were really just their conclusions. that in fact the defense did not have access to any discovery or access to any information until very early this morning. what was provided to them was extremely limited in nature. if there was sort of a moment that was kind of light hearted in the hearing, the public defender, kind of made a mockery of the government's claim that khattalah was dangerous because he was carrying a firearm at the time of his arrest, indicating

everyone knows t libya awash with weapons and virtually everyone is walking the street with some kind of weapon, jon. jon: wow, catherine, what about this guy in court? i mean he has been snatched off the streets of libya and brought to this country. what is he acting like? >> well, what struck me today in court jon is that he seems very focused and very engaged and also very compliant. that first ten minutes, when they were trying to work out a problem with the headsets, he was, sort of almost gracious for the help when it was offered to him. and then once the judge began to speak and listening to the translation, he leaned forward in his seat, and very laser like in his focus. very engaged, very compliant. and also sitting in courtroom, almost still like a statue. there were no outburst. no behavior that would attract attention of the security officers in this case, jon. jon: catherine herridge outside

the u.s. district court there in washington. catherine, thank you. >> reporter: you're welcome. shannon: disturbing new research about prescription drug use of u.s. soldiers coming home from war. according to a new study 15% of returning soldiers used painkillers in the past month. that is four times higher than average in the general public. he run as recovery problem rebound brooklyn. and we have a clinical research psychologist at walter reed institute and leading author of the study. i welcome you both. commander, i want to start with you. what did you find specifically and were you surprised with any of these results? >> first which found 44% of infantry soldiers that came home from war three months prior, experiencing chronic pain, pain more than three months in duration and 15% had used opioid painkiller. we were surprised by high percentage of soldiers that had chronic pain. we know soldiers come home from

war with injuries that war is hard on the body. these are otherwise healthy men and women. nearly one in two is very high. we were surprised by the fact that 44% of the people used opioids had mild or no pain in the past month because these drugs are generally prescribed for moderate or severe pain because of their addictive nature. shannon: let me ask you about that. we know our men and women coming home not only have physical injuries but there are psychological things they need to recover from as well. they see and experience things, civilians really can only imagine. so is there potential for trouble on two fronts, dealing with both fiscal and potentially psychological pain at the same time? >> there is absolutely, without question that the emotional pain of returning to war and being trained for war and then being asked to come back and integrate into society and whatever residual effects of whatever they saw or whatever the trauma is. there is reason they are called

painkillers. it will also kill emotional pain. they don't have the training or languaging to express that they need help emotionally or psychologically and so i think that it is a setup. we're trying to manage chronic pain. they are very vulnerable to abusing medications and then developing an addiction and then further problems with what that would bring with it. shannon: commander, did your results of study tell you about whether or not these men and women feel like they have issue or problem or want help or simply reporting numbers that they admit this is what they're experiencing? >> it was just saying what they were using, what they were reporting but what we do know one thing that was associated with the chronic pain itself, why ptsd and depression symptoms as well as combat experiences and combat injuries. shannon: joe, what can we do for the folks coming home? some are veterans leaving service. some are staying in. what kind of help or advice would you have for those who

maybe feel like they're more dependent than they want to be on particular drugs? >> they can ask for help, which puts burden on doing something. the train something not show vulnerability and not show weakness. that is a lot. we can engage them better in bio, psychosocial setting and ask them about their lives. we don't ask how are things going at home with your relationship, with your kids, with finding a job. with sort of reentering into the community? we offer at rebound brooklyn a pro bono treatment experience for a combat veteran. we can only help one or two at a time. so i think a lot of this gets to be issue of society at large and how we view this. there are other ways to manage pain other than dangerous narcotics. so i think an issue becomes, how are we managing their emotional world and their reentry? my father did two tours, two combat tours in vietnam. it was difficult for all of us and it was a different time, certainly but we can do a much

get better time than just write prescriptions of returning vets. almost half doing very dangerous narcotics. there is nothing write right with that. shannon: we need to do what we can for them. thank you both for shedding light on this. >> thank you. jon: on the day of a "blade runner" murder trial in south africa. what the lawyer for the athlete just said about the athlete and what it means for the trial going forward and what it means for the family of reeva steinkamp. >> has not displayed personality characteristics of narcissism and sigh cop pa think, mostly associated with being in abusive relationships and been linked to rage-type murders and intimate relationships.

shannon: let's check out ahead what is onout numbed beard at the top of the hour. harris and jedediah, what is coming up ladies. >> a lot, shannon, good to see you anyway.

president obama is taunting congressional republicans critical of his executive actions saying so sue me. this as a new poll show 1/3 of voters rate him as the worst president since world war ii. >> plus the woman who runs one of the world's biggest corporations is millionaire mom who says women can't have it all because they're women. could she be right? >> do couples sleep in the nude really have happiest relationships, jon? >> our #oneluckyguy is known for going shirtless. wee ask him at the top of the hour. you don't want to miss this, guys. >> shannon, back to you. shannon: that sound fabulous. jon: i will be watching. more drama in the oscar pistorius murder trial. the lead attorney for "the blade runner" reading excerpts from a psychologist saying the athlete is near breaking point and facing increasing risk of suicide. >> the degree of anxiety and depression that is present is

significant. he is also mourning the loss of miss steenkamp. 5.2, that the mr. miss tore just is treated and should continue to receive clinical care by a psychiatrist and clinical psychologist for his current condition. should he not receive proper clinical care his condition is likely to worsen and increase the risk for suicide. jon: let's bring in legal panel. heather hansen. keisha evans a criminal defense attorney. i was surprised he read that in open court. that would seem to add to the sympathy factor that pistorius might get from this judge. >> i think that the hope is that a judge will be less sympathetic than a jury will. she is only supposed to consider whether or not he premeditated, committed this murder. that is what the prosecution is going for. all of this should be irrelevant. >> if i shot somebody to death, especially somebody i was in love with, i would be pretty

upset. >> right. you know what i think this psychiatric evaluation assists in the defense because the theoa psychopath. he is a fares sift, he doesn't care about what he did and did it premeditated. the fact he is now suffering sug with the depression and suicidal thoughts, gives him more credibility to pistorius's version what happened. jon: i want to roll my eyes. she is dead. this poor woman got blasted to pieces. she is cowering in fear in her locked bathroom and he is telling us oh, i'm suicidal and i'm so upset. >> to your point, jon, many people who killed their significant others are suicidal afterwards. we don't have a psychiatric evaluation from before, goes to his frame of mind before he committed the murder. a lot of this is defense posturing perhaps to get some sympathy from the public but i don't know that it is going to weigh into the judge's decisions as much as they may think. jon: the psychiatrist, and

psychiatrists, and psychologists who examined him for those four weeks during which time the trial was in recess, they all said he is fine. he can stand trial. he knew what he was doing and knows what he is doing now. >> jon, i don't say those reports will help him be aquestioned. i think it will assist of a conviction of lesser included offense instead of premeditated murder. that is where i think it will help. jon: it is a fascinating case and continues on. heather hansen, keisha evans, thank you both. >> thank you. jon: shannon. shannon: a positive job report tomorrow, will it be enough to push the dow over 11,000? how will it impact your bottom line and 401(k)?

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that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. jon: what do you say when you're caught red handed?

it was a birthday present! utah police say that was one woman's defense. cops say, 46-year-old heather rodriguez tried to buy methaphetamine from an off duty officer. rodriguez told them it was to be a birthday present for her sister. she also claimed the glass pipe she was holding belonged to a friend. that wasn't hers either. heather was arrested on drug charges anyway and booked into the county jail. shannon: well, new numbers on the jobs front by a payroll processor adp shows hiring was up last month. look at at markets. flirting with the 17,000 mark possibly for the first time. america's top banker is speaking. rich edson is live in washington. hi, rich? >> fed chair yell yell is fielding questions at the international monetary fund in washington. investors and markets are always interested in what the fed chair has to say. yellen is defending the low interest rates and easy money policies investors love.

yellen also defends the fed's policy in the one up to the financial crises saying that rates were too low and too long and blames crisis. she says higher interest rates would have slowed economic growth and done little to avoid the financial crisis. investors look for any indication when the fed may raise its historically low rates. the fed says depends on economy. positive news that payroll processor adp that businesses added more than 280,000 jobs last month, better than forecasters had expected. tomorrow the government will release the monthly jobs report. survey of economists show expectations that u.s. economy 212,000 jobs last month. for unemployment rate to hold at 6.3%. we find out for sure at 8:30 tomorrow morning. the dow jones industrial stock average has been in all-time high territory, trying to top 17,000. u.s. markets are closed on friday, the 4th of july. they wrap up trading early tomorrow, right ahead of the

holiday. back to you. shannon: rich, thank you. jon: now some stories we are working on for the next hour of "happening now" which begins in an hour and five minutes. a food truck explodes in a fireball. why the bomb squad is now investigating. plus tracking tropical storm arthur as it picks up steam. will it mess up your 4th of july plans? president obama blasting what he calls a do-nothing congress but should the president be using executive orders to implement his agenda? we want to hear from you. our live chat, up and running. go to foxnews.com/happeningnow. click on "america's asking" to get anyone at conversation. where its biggest refinery has been attacked. more chaos over there means higher prices here but we can take control with renewable fuels like ethanol. it means more jobs and more security... less pollution and less pain at the pump. because it's time to stop letting chaos decide our...

energy future. tell congress and the epa to stand up to big oil. don't gut the renewable fuel standard.

>> just in case you're feeling watched, this day is dedicated to the question are we alone in the universe? world ufo day corresponds with the 1947 crash something was an

alien spacecraft. a military report later concluded it was an experiment balloon gone wrong. skeptics say they don't buy it. >> we will see you back here in an hour. >> "outnumbered" starts right now. >> this is "outnumbered." here is sandra smith, jedediah and actor, producer, author, hercules is here. "outnumbered." >> i have done "the view before. a completely different set, i am wonderful some act excited. i am saying this is the way life should be. this is good, this is good.