prepared to strip down and bare all. >> that's not true. >> just kidding, not kidding. we're staying here for our web show. see you there in a few seconds, and we'll see you right back here tomorrow. and right now, breaking news this hour, the obama administration asking for $4 billion to deal with the immigration crisis on our southern border with facilities housing thousands of children filled to capacity. the latest on that today. and israel launching a massive assault. this is after using the iron domed defense system. a yankee fan not so happy with his visit to yankee stadium. the nap that led to a $10 million lawsuit. moments ago we brought you the exclusive news here on "happening now" that cleveland

will host the republican national convention in 2016. ohio is certainly a key battleground state in the race. here is more on that decision. it will be in cleveland in 2016. the republican committee has chosen cleveland and we could not be more excited. they're on the rise, they're building the lake front out, and if you have not been to cleveland lately, it's a real surprise how beautiful it is down by that late, and we're excited about brings the rnc to cleveland in 2016. >> dallas was the runner up in case you were wondering. the party expected the city of cleveland to pick up part of the tab that will total around $60 million. the convention will bring millions of economic activity to the city. tens of thousands of visitors as well. coming up, why a republican strategist says this is not the

right choice for the party. back to a top story, the obama administration talking about combatting the immigration crisis on our border. i'm jenna lee. >> i'm eric shawn. the white house questioning an emergency request for $3.7 billion to deal with the border crisis. >> in the meantime, the immigrant bases that used to house thousands of children are being maxed out. they're saying they will cap the number of days that children can be held. we have the very latest on this story. the situation involving unaccompanied minors is changing hour by hour. here is what we know. up to 1200 children can be held at lockland air force base in

san antonio, texas. in california they have capacity for 575 and they have about 450. and we're told that the pentagon does not want to play an extended role in taking care of these children, and they plan to cap the number of days that cay hold and help these children. but according to a congressman, hhs is asking the bases to extend that 120 day limit. he believes the situation has reached a breaking point. >> once our military bases are used as refugee camps, it effects readiness. it certainly doesn't help when our military bases are being used as refugee camps. >> the media has been offered a

tour of fort silvis. there is no recording devices, no uk taitalking to staff, and can't ask any questions during the tour. that will be interesting to see, shannon, thank you. jenna, now to the again georgiay terror attack. the main suspect back in court today. we're learning more details now about that deadly assault that night on our consulate as our government begins to lay out a case against him. thank you, eric. just a short time ago the benghazi suspect left the federal courthouse here in washington dc under heavy security patrolling the adjacent streets. we're just a few hundred yards

from the white house. it lasted about ten minutes. it was a procedural hearing and a new court date was set. this decision to bring the case in a federal court here in washington will present unique league challenges and issues because the crime itself, the terrorist astacks, took place in leadership ya. legal observers say when you view the court documents so far, there is nothing to suggest that the murder of chris stevens and the two former navy seals were killed in something spontaneous or because of an anti-islam video. >> the place holder indictment that we have so far puts a lie to the administration's talking

points about a spontaneous video and all of the rest of it. i mean this is 180 degrees from the administration's first talking point. >> the paperwork so far is limited, but it definitely conflicts with the statements of the former secretary of state hillary clinton in her book "hard choices" where she suggests that someone taking part in the attack itself may have been inspired by the video, but there is nothing that suggests it was spontaneous or linked to the video. thank you, catherine. jenna? we may get a decision as early as today that could be a huge set back for obama care. an appeals court looks at a lawsuit seeks to give out subsidies for residents in many states. this is due to the wording

inside the health care law is subsidies are only for insurance purchased through an exchange established by the state. as you know many of the exchanges have now been established by the federal government. let's bring in a cormer campaign manager and fox news contributor. gentlemen, you say this one could be the mortal blow to obama care, why? >> i think anything that distracts obama care at this point will have devastating effect. the plan will not working, they're not signing up what they need. a lot of people will not be able to afford obama care, and i think to a certain extent the law was very clear. 36 states chose not to participate in the subsidy -- i think it was a good drill. now for the irs to try to force the chance one more time, obama is trying to basically govern by

laws not written by congress. >> joe, do you agree? could that be the straw that breaks the camel's back if you will? >> certainly if that happened it would be another bad notch in terms of people feeling like this. i don't think that's what is going to happen here. they lost the case in lower court. this is about a the intent of congress, that congress, the one in 2010, not the current congress. and the people who wrote the bill then, saying that this was their intent, that you know, that they meant for everybody who was eligible for subsidies to receive them, and that it was two separate sections of the bill where they didn't get the wording right. the courts ruled that way. certainly because of the make up of the panel in the u.s. district appeals court, and district of colombia, they may

get a ruling, it will be taken again to the full district court and the democrats have a majority on that court. >> so it could be a few more ek ekes -- weeks. when does the process of the challenge overshadow the policy. when do all of the challenges add up and chip away at the way that the public feels about the law? >> they feel it now. they have chipped away, favor ability of obama care was never high, but it's gone down. it certainly affected the president's numbers and it will be one of the issues that republicans use with some success, potentially, in november of 2014. that is already happening. i think ten years from now,

everybody may love obama care, but that won't matter in the near term. >> you mention 2014, we talk about 2016 as well. we had news we broke in the 11:00 hour about the national republican committee wicking cleveland for the republican national convention. we'll get your droughthoughts o, but here is why he says the committee chose ohio. >> as goes ohio goes our presidential race. we have a full-time field staff there now in ohio. we have full-time offices there in ohio. our party has only above involved in the last five months of a campaign. i think it has been terrible for our party. we changed things at the rnc. >> ed, what do you think?

>> i would have gone to dallas, i have a fond place in my heart for dallas. the problem with cleveland, he is right about ohio, but we have not won ohio in a long time and equally as important cleveland is the heart of democrats in in ohio. it's a heavily unioned city, the overwhelming margin that you have to make up everywhere else. we have the same argument that could have been made ant florida. we went to tampa last time. we went five or six places, new york, philadelphia, other places with a long-ball strategy. i would rather go to the place that rewards us most, dallas, a strong republican down, and reward the people that are basically supporting us. >> tell us what you think about what ed says. there is many opinions about where to old the conventions, dallas for the precise reason that it is a republican city and

state and that's why you should go there. what do you think about that strategy? the democrats were on the ground in ohio longer than we were last time around and we're going to learn from that. the republicans got beat badly in the ground game last time and in particular in places like ohio. republicans lost ohio by i think 2.4 points in 2012. so i think, look, i understand where ed is coming from, but as a strategist from the other side, you know, they have to pick up places like ohio and make inroads in places like cleveland if they want a chance to pick up that state and get to 270 electoral votes. they already have them in texas, and it could be a landslide the other way for hillary clinton or someone else. i thought it made a lot more sense to go to cleveland, but i

do completely understand what ed is saying. in the past, both parties try today go to places where they they won and show their stuff in a swing state and it has not worked out, but if you're going to gamble, this is the way to go. >> including north carolina for you guys last time. >> interesting point. >> you lost that north carolina because you were in that convention and people got to see you up close and person. >> proximity does not make the heart grow fonder. >> that's part of the campaign you don't get to control. there's danger to it and i always want to go maces that are safe. i don't think conventions matter any more. >> that's a fair point. and we'll see if they are earlier this time around. you have johnny manziel in cleveland. that is a little texas. >> by then they could be tired

of him. >> that is true. >> the one thing is that conventions don't matter that much where they are or what's happening. >> it's a lot of money though to spend on something that doesn't matt matt matter anymore. we'll all be watching the conventions with baited breath. good to see you as always. harry potter, have you heard about this? he is back and all grown up, j.k.rowling giving new life to the story. and that toddler's tragic death that has been a grim and heartbreaking reminder of the danger of leaving children in hot car seats this summer. we'll talk to you about the statistics and warnings that all

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e . the dangers of leaving children in hot cars is getting a lot of attention right now. but the focus is on a father who left his 20 month-year-old son

locked in a family suv for hours in 90 degree heat. it is a stark and tragic reminder of how common heat stroke can be for kids trapped in cars. jonathan is in atlanta with the latest. >> just before our live shot rain came through and cooled it off here, but it is exceeding 120 degrees, potentially fatal for a child. >> a child heats up three to five times faster than an adult, and the younger they are the more susceptible they are. >> each year an average of 38 children die from overheating in vehicles. while this recent case is being investigated as a homicide, more often it is a clear cut accident. numbers can be reduced if people take action.

just recently, parents of a 15 month old girl were charged with abuse and neglect. first responders broke a window to get her out. a public service campaign was launches. jasmine green died from heat stroke after workers at her day care center forgot to remove her from a van. and they thought she was at a neighbor's house at the time. so experts say before you leave a vehicle, you should check twice around all of the seats, make sure that a child has not fallen asleep inside or is hiding inside, and even if you have no kids of your own, you're not transporting children, lock the door before you leave it, it may save the life of someone else's child.

>> jonathan, really important. fantastic advice. obviously a very important warning in the midst of these tragedi tragedies. coming up, we'll tell you the story about a 12-year-old boy that came up with an invention to help you remember you have kids in if the back. how you can make this simple reuati creation at home. >> new fares in tahran. calls that the united states step in to protect them. we'll tell you about the story. eric is with senator joe liberman coming up. a mother stating charges after leaving her baby on a new york subway platform.

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this just in, police are identifying the mother accused of abandoning a baby in a new york city subway station. she is faces charges including abandonment of a child. she is seen pushing the baby stroller on to the subway platform yesterday, and then getting back on the train. the baby is in the care of child services and appears to be okay. the mother told police that she is homeless and could no longer take care of the little girl. new information about the escalating issues in iraq. the regime in iran, about 300 members, living in a former u.s. instilllation called camp

liberty. it is in baghdad. it is there after previous killers at their former home. the group says 116 of their residents have been killed, they say at the ends of the iraq government forces. now there are american calls to try to save them. former chairman of the joint chiefs of staff said the u.s. promised to protect these people but so far failed to do so. >> we're getting ready to witness a major masker. 2900 soul that's are left to the hands of the iraqis to protect when we made the commitment to protect them. that's not right. that's not what american stands for, that's not what we should be doing. we should be coming to rescue the 2900 individuals. >> they want the u.s. to move them to the safety of our country. should we? one set of -- onset we have joe

lieberman joining us. unfortunately the allegations are true. you could not have a more credible witness to that than general shelton, former chairman of the joint chiefs of staff. he knows the promises that we made when we went into iraq to this group, they were there in iraq, they were armed, put down your arms, give us your weapons, we will protect you. and we did protect them for a period of time, and then in a place they built into a beautiful little community, but then as we began to pull out in 2009, to much of the concern of the people in there, they were very worried about what would happen. and by turning them over to

iraqi guidance or guard, we broke our promise, and i'm afraid we could have created a real humanitarian crisis. america broke their word here and we are can't let that happen. >> what should we do? >> i think the folks in camp liberty now, 2800 or 2900 of them, because so much of those in iraq are in real danger now, they are enemies of iran now. i think they have been behind some of the killings that occurred at camp liberty. we need to send people from the american embassy to visit every day and get blue helmets to guard them, and get them out of iraq and get them to the united states. >> why isn't the administration doing that already? he told me that hillary clinton and the state department was involved in that.

it seems the administration doesn't have a problem relocating top peep in get moe. >> yeah, i agree. they are freedom fighters, fighting for a nonnuclear iran which is what we believe in. they're a capable and talented group of people. we owe them refuge there. they would make great contributions to the united states of america if we took them in. there is legislation in congress that would force the administration to do that. >> they have a history. tehran says they're a consult. does any of that matter when you're dealing with these people? >> no, this is a question of america's word, we made a promise, and a humanitarian

crisis. at any moment, they could turn their guns on these people and that would be a terrible stain on america's honor and reputation. >> they asked for this, but they said they have not heart from president obama, what should be done? >> my concern is that people of the administration, or some people of the administration may feel that these folks are such enm enemies of iron, it could sour or relations with iran and maybe it impossible to achieve a nuclear weapons agreement with iran. america gave it's word, these folks are living in condition that's are horrible. we owe it to them to bring them out, and i'll say one more word, i think we always do better with the lawless leaders like those in riern when we stand up and show some back gone.

we don't care if they will be upset because they are enemies of the iranian regime. they're friends of freedom and that's what america is all about. we welcome them here soon. >> senator joseph lieberman, thank you. eric, some could argue it's easy to do. a babe fan fast asleep in his seat during a game between two of the biggest rivals. now that snoozer is viewing. -- suing.

across the south and east today thunderstorms are popping up. we want to know where the biggest threat is. let's find out more about that. we have a severe thunderstorm watch in parts of the interior northeast. and some of these storms sees severe weather, and that is a tornado warning south of cleveland. that is just popped up. strong rotation on some of these thunderstorms, we'll certainly keep you posted. severe thunderstorm warnings east of columbus and south of buffalo. that will be the situation throughout the afternoon as this

system pushes. pushing into some of the big cities and we're going to look at the potential for severe weather across portions of the south through wednesday. a quick look at the risk of severe weather. memphis, burlington, vermont, and then we have hail, damaging winds, and tornadoes in some of the big cities. you see the front pushing through. 89 in new york. it feels a lot more human than that. we'll keep you posted south of cleveland. >> good timing and good heads up, j.d., thank you. a look at the israeli military now saying it has stopped an attack by palestinian terrorists. they say it came via the sea. we'll have more on this developing story as we get in the meantime, reports in

israel that a rocket targeting tel aviv and was intercepted by the iron dome defense system. the attack was aimed at halting all of those rockets fired by the militants. israel has been hit by about 300 rockets and mortars in the last few weeks. one of them hit the home of a hamas leader. ten people and two children have been killed in the attacks. president obama is urging both sides to exercise restraint and israel says it's calling reservest to defend themselves from the continuing onslaught. >> the yankees playing the boston red sox, a big rivalry, but one fan was not as excited and now he is crying foul after

he was made fun of for snoozing in his seat. he is now filing a lawsuit and seeking $10 million in damages for defamation. joining us now, our former prosecutor and also rebecca roast wilson. this can happy. >> i just want to play for the viewers what the announcers actually said. >> how comfortable is that? probably won't have any neck problems tomorrow. >> is that guy to his left and he is letting him sleep? >> maybe he likes him when when he is asleep. >> based on what you heard, is there enough for a defamation lawsuit? >> it is a very long shot.

i think it will strike out. on the other hard, i suppose you could say look, you focussed on the camera so long, it's just me, i'm a used car salesman and it defamed my reputation even more. >> the lawsuit says that the announcered used words like fatty and stupid, but when you look at what they said it wasn't that. there is an insinuation about what they say about the man, but -- >> those words weren't used. >> the lawsuit is a bit exaggerating of what really happened. the announcers are poking fun at him. they have a legal right for an opinion. it's not a defamation, it's not malicious intent, nor is there anything untrue about what they're saying. his neck is too the side, i mean if you want to be really

specific, will it hurt? i mean quite frankly i think he could have turned it around. >> when we first saw this lawsuit break we thought about katherine webb who was the beautiful young woman who was pointed to during a championship game. >> and she was apologized to. she made it something good. but i suppose you could bng them together. if an apology was given to her, maybe an apology should be given to this napper guy. >> that's not, to the level of a lawsuit -- >> there is so many cameras around, even if you're just walking down the street on your local news, you pass a camera, it's free game with so many cameras out there, where do you

get to protect yourself? >> in certain circumstances you're protected if you ask not to be. if there is a reality show filming and you don't sign the release, they can't use your likeness or display your face. >> there was really serious things happening and i don't know if this is one of them, i don't think it is. it's a baseball game, they put me on the jumbotron, okay -- >> i would be like hey -- >> we'll see if the lawsuit gets anywhere. it caught our attention and made the front page of the papers here on the east coast. i want to ask you quickly about osc oscar pistorius. it has ended to this point. what the defense is saying is

that we were not able to call the witnesses that we wanted because of the high profile of this case. and they want to come forward. and therefore, we are at a disadvantage. >> that would never work in this country. to say that we can't -- if a judge says i will not put a witness on, but just to say i wanted to and they didn't want to testify, that's not an appellate issue. >> the defense rested, but the case is not over until the judge starts -- it's a judicial trial. the judge announces she is starting to think about it and go over the facts. i think they're setting up the possibility for appeal. and they're saying there are doubts here. the judge could just reopen the

case. that right many interesting. >> i think they will submit their children closing arguments to the judge. later after that, within a day, they will deliver their oral summations. >> and they have about a month to do that. >> it will be fine. they might change the plan, you never know. >> they do that sometimes, don't they. >> they do. >> eric? >> jenna, i still can't get over sleeping at a yankees and head sox game. coming up, an interventivena 12-year-old boy. a device that he created. ugh. heartburn.

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coming up on "the real story" we will tell you about false charging and cell phone cramming. so, are you affected? what you need to know to keep it from happening to you? and "i think he will be the next president of the united states" who is this republican preferring to. this is self serve beer. we're going to tell you where you can pour your own. is it a good idea? i went out on the streets to find out "the real story." a 12-year-old boy is tackling a serious problem with a very simple invention. it's called the easy baby saver. he came up with the idea during a young inventors contest after

hearing about a neighbor that left her child in a hot care. andrew is joining us from nashville to talk about how it works. i know you came up with this when you were in fifth grade and you're in seventh now. how did you come up with the idea? >> when i first heard the story about a woman that level her child in a hot car it inspired me on what i could make for this invention contest. when i was working on it, i went for about a week on no idea on what i could make. this is a really good thing for me, it's just been great. >> we video showing you using your invention in a car. >> it starting by strapping one end to the back of your cease, and then when you put a child in the back, you put it on the door, and you are blocked by the

brightly colored ez baby saver and you are reminded about your child. >> it's made by tieing a bunch of rubber bands together and it is not attached today it. it is like a roll with sticky tide out, and rewrapped, so it's not stuck to the rubber bands. >> have you been able to share this with your friends and family? >> i told my friends and my family uses it. i've had many people on facebook saying they made one, or they are going to make some. people asked if i could start selling it, it's hard to get a patent and it costs a lot of money. i would rather just give them to people and say take it and use it yourself. it just kind of raises awareness

for the problem also. so if you don't like the idea, it makes you more careful around your kid. >> i agree, this must be pretty cool to see. are you using it in your car? >> yes, it started off as a contest. andrew thought about a solution, and he came up with several prototypes. >> you must be very proud of him. >> he wants to spread awareness and he wants to help save lives, and that's the part that is really important, we had decisions about do we want to get a patent on this. do you want to sell it, and at the same time, we also value

doing things for the betterment of society, and it was clear after doing that conversation that's the category this fell in. we're always interested in new ideas and wanted to talk to. are you working on any other inventions we should know about in the future? >> i worked on for a science fair a rain water collection system almost a rain barrel that folded flat and could be shipped to areas that needed help such as haiti. >> andrew, i mean, we're going to keep our eye on you. you're 12. these are two really great ideas. so i hope we can stay connected and i know you have your facebook that people can look up and make sure that they can make one of their own easy baby savers. i hope you come back on the program and continue to invent along the way. thank you to you both for the time today. we really appreciate it. >> thank you. >> you're welcome. >> go, andrew. he's giving it away.

go on his facebook page. amazing. you want to buy marijuana, you can do that legally in two states but some warn this is a spreading trend, a recipe for disaster. we'll have the latest on that coming up.

washington state has become the state second in a nation to allow legal recreational marijuana. the first store selling pot opened today. washington joins colorado in the sale of legal marijuana. the pot will be tightly regulated, critics are concerned the states could suffer the downsides of drug abuse. dan springer is live in seattle with the latest. hi, dan. >> reporter: there's been a lot of buzz not surprisingly around the first day of legal sales in washington. it's turning out mellow. doors opened at high noon at the

first business in seattle and first in the state to sell marijuana legally. the lines have been small this morning. reporters outnumber customers. all sales are capped at 2 grams and they'll cost 50 bucks double the street price because legal supply is so limited right now much of the first legal crop will be harvested later this summer. those who did show up this morning say it's an historic day. >> it's all about the freedom. it's all about not sneaking around and buying it. >> we should are the right to be able to choose our vice. >> it's a shame that people are going to prison for it. >> reporter: voters in washington and colorado legalized recreational marijuana in november perform 2012. pot stores opened in colorado back in january of this year. washington took longer to license stores because it had to create an entirely new regulatory system from seed to final sale. since legalization, hospitals

have seen more adults in the emergency room after they ate those pot laced food items. edibles are stronger now than what they had back in the '60s and smoking and driving is up. the percentage of duis in the state where pot was detected in the blood stream went from 28% to 40%. doctors also worry about more kids smoking. >> it's the kids who will have more short-term memory problems. kids who are using alcohol and marijuana together like most of them do having more trouble negotiating and just meeting life demands that they have. >> reporter: this legalization experiment may not end here in washington state and colorado. voters in alaska and in oregon may get a crack at the issue this fall. eric? >> all right. dan, not an encouraging trend. thank you. it's in the tabloids and "harry potter" is back in a whole new way.

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"harry potter" is 34 years old watching the world cup with his family and old school buddies. according to a tabloid column, he even has a cut on his face that no one knows about. >> he can't be 34 years old. say it ain't so. >> we have to tell the truth. thanks for joining us. "the real story" with gretchen starts now. the big question today is will he or won't he? president obama will be in texas tomorrow but will he go visit the border where the humanitarian crisis continues to grow? hi, everyone. hope you're having a great day. i'm gretchen carlson. welcome to "the real story." the president and his team agreeing agreeing to a roundtable discussion but no real border visit. he's asking congress for billions to solve the crisis. more protests like this are planned like this today in