totally for two people who are too picky to pick for themselves. thanks for your thoughts. thanks for being part of "the real story" today. i'm gretchen carlson. now over to shepard smith reporting now live from the fox news deck. >> gretchen, thanks. we're monitoring the hearing of the u.s. marine jailed in mexico. it's under way at this hour. and we'll have a report in moments. plus, glen greenwold on his new bombshell as he put it about how the nsa monitored americans. and he's naming names. he'll join us live. and the father of that toddler who cooked to death in a hot car in georgia gets a jailhouse visit from his wife. that and what we've learned about a tweet he apparently sent to a friend complaining about babies. those are our headlines. let's get to it. now shepard smith reporting live from the fox news deck. >> and good wednesday afternoon there the deck. a former veteran who's been

locked in a mexican prison more than three months now is right now getting his first chance to tell a judge his side of the story. a story that frankly he's already changed after he admitted he lied to officials. his name is sergeant andrew tammarisi. mexican officials locked him up for illegally brings guns and ammo into mexico. he admits he did just that but claims it was all a misunderstanding. here he is arriving at the courthouse earlier than expected. attorneys say they expect today's hearing to last about three hours. and here's a live look coming outside the courthouse in tijuana where this is all going down. remember, the sergeant says he was driving near san diego when he missed the last u-turn before crossing the mexican border. he had three guns in his truck. now, they're registered legally here in the united states, but they are very much illegal in mexico, and signs at that border warned don't bring weapons. the sergeant claims concrete barriers at the crossing trapped him in the far right lane and that he really had no way to turn around.

the return to america u-turn is in the far left lane. his legal team says it shot video which shows how difficult it really is to cut across that u-turn. even for that ambulance there. his case has become a cause across our nation. unjustly held, inappropriately held. but here are the facts as we know them. this incident was not the american's first trip across the border. not even his first trip on the day he got arrested. he says he lied about all of that because his lawyer at the time told him to lie. he's since fired that lawyer. in fact, he's now on his third defense attorney. that's part of the reason it's taken so long for today's hearing to happen in the first place. now, keep in mind, if the court convicts the sergeant, he faces 20 years behind bars in mexico. the question now is were his actions an accident or something else? and if accident, why lie about it? trace gallagher with more, and he is live in our west coast news hub for us this an. trace, exactly what do we expect

to happen in court today? >> reporter: well, we know that all the major players are in the courtroom, i believe it started on time. we also expect this thing could last about three hours. but the media and the public are not allowed inside, so we're not going to find out what happened till afterwards. the lawyer for tammarisi says he left out a few facts, but today he'll tell the whole truth and nothing but the truth. his testimony will last about 45 minutes. this is not a statement. this is questioning by his attorney. the prosecutors will then try to cross-examine him, but unlike in the united states, he does not have to answer their questions. now, after tammaris testifies, the mexican customs official will also testify. that's, of course, if they show up. and in mexico, anything could happen. his attorney says their testimony is very key. listen to him. >> i hope they tell the truth because if not, i'm going to make them tell the truth. and it's not going to be pretty. but once we're finished with that, we're going to afford the judge a better sense of what

really happened. and then we might start to build on our credibility because we have zero thus far. >> the lawyer says his main focus to the judge today, shep, is to try to impress upon him that he never intended to cross into mexico in the first place. >> is there a chance he could get out of jail today? >> reporter: we've heard a lot of talk that he could, and it's possible. but his lawyer told us before going into the courtroom that it's highly unlikely because very much an evidentiary hearing, and we don't expect the judge to rule for at least a couple weeks. in fact, there could be at least one more hearing. but the pressure is certainly on from the family, the media and lawmakers. congressmen duncan hunter and lee terry have sent a letter to the judge that reads in part, quoting, we urge you to consider the specific circumstances of this case and hope that you will arrive at the very same conclusion we have, that andrew should be reunited with his family as soon as possible. we have video, of course, of the mom and the attorney entering

the courthouse right before the hearing began. and we are told that as soon as this is over, shep, they will come outside the courthouse, and they will give us a statement on exactly what happened inside. maybe two, two-plus hours from right now. >> we'll have coverage, of course. trace gallagher, thanks very much. for you to the middle east where it is says trouble. militants are firing rockets deeper into the heart of israel as that country's leaders indicate a ground invasion could come at any time. israel dramatically upped its actions on hamas-controlled gaza, blowing up hundreds of targets there. today alone, the military admits. that as militants prove their firepower and aimed long-range rockets at israel's major cities. at the wedding in tel aviv, guests scrambling for the exits as rockets screamed overhead. just of some the dozens of powerful rockets that militants have fired. israel's iron dome air defense system as they call it stopped a

lot of them, they tell us, but some still slipped through, clearly. hamas fighters admit firing the rockets and claim they tried to hit an israeli nuclear plant. now with 40,000 israeli troops ready for a possible ground invasion, israel's security chief vows his country will keep fighting as long as hamas rockets are flying. let me show you the analysts say these latest attacks are different and disturbing. you can see just how far they're reaching. this is the gaza over here. it's like 25 miles long, 7 miles deep. it's just a little spit of land. and then over here, this is jerusalem. just about 39 miles is jerusalem. they fired at jrockets have mad. and as far away as tel aviv here, which is on the sea, obviously. and then look at hadera. this is as far as hamas has sent anything from way over in gaza. that's 70 miles away. according to "the new york times," one of the rockets

appears to be from iran, which has long supported hamas. now israel reports it's going after hamas leaders and hideouts, blasting targets by the hundreds. israeli and palestinians say that the strikes have killed more than 40 people in the gaza since just yesterday. and israeli officials warn this should be the beginning of something much bigger. our john hut ty with the news. john, you're at the iron dome battery. what did you see there today? >> reporter: well, shepard, by the way, there's two missiles that are of great concern, the m-75s which have a range of 40 to 50 miles and then another with a range up to 200 miles. that's a concern for israeli military officials. to say the least the defense forces have had a busy day not only engaging in those airstrikes but also taking out rockets as part of -- as you mentioned -- the iron dome

missile rocket defense system. in fact, we have one of those missile batteries behind us. it went firing into action earlier. we got some video of that. we showed it to you earlier this afternoon. it's worth showing again. take a look. a missile launcher just fired, meaning that it struck an incoming rocket that was targeting -- in fact, just blew it up right there -- targeting a civilian location. and that rocket was targeting a town -- a city with a population of about 125,000 people. it's a coastal city. and it's incidentally where we're staying the next few days. having said that, let me go through the latest numbers that we have in terms of the casualty rates, airstrikes. i'm going to refer to my notes on this one. so far, according to military officials, more than 50 rockets have been fired at israel.

14, 1 of 14 rockets has been intercepted by the iron dome defense as we've talked about. also the israeli air force, the latest numbers is hit more than 130 targets throughout gaza with those airstrikes. and as mentioned, shepard, more than 40 palestinians have been killed including several children. and again, in terms of those long-range rockets, again, the m-75, a range of 40 to 50 miles. and then the m-302s have a range up to jerusalem, tel aviv and beyond. big concern, shepard. >> john huddy, thanks very much. let's turn to the israeli prime minister's spokesman for benjamin netanyahu. he's live from jerusalem this evening. park, it's nice to see you. thank you. >> good to be here. >> the concern over here is obviously what's the bar? this back-and-forth thing, this is an old movie. we've seen it many times. what is the bar for a ground incursion this time? >> well, as you've reported,

hamas rockets have hit the very center of the country. they've aimed those rockets at our open population centers at tel aviv and in jerusalem. and it has to stop. the truth is hamas has succeeded in building in gaza a formidable terrorist military machine. and as you reported correctly, they've had the help of the iranians to have these medium and longer-range missiles. so we are acting today, the israeli defense forces are working at this moment to dismantle that formidable military machine. now, if it requires a land incursion, i don't know yet, but we're ready to do whatever it takes to protect our people. >> are the troops at the border, are they in formation? are they ready? or how would you describe this readiness on behalf of the troops? >> well, we called up army reservists. and we've redeployed forces very close to the gaza frontier. they are ready to move when the order is given. >> mark, in ib who's follanybod

this region for a time knows this is part of a pattern, one that you can pretty much expect. there's a strike. there's a back-and-forth. the knockout -- you knock out the rockets, you kill some people. it calms down. and then it happens again. so here we are again in what appears to be a continuing cycle. is there a thought about how to break this cycle so that every few years hamas doesn't come across the border and kill some people and israel fires and away we go again? >> you know, i wish there was an easy solution that i could share with you, but when you're dealing with these islamic extremists, you've got to fight them and you've got to defeat them. i mean, ultimately hamas belongs to that same family of radical militant islamic groups like boko haram in nigeria and isis in iraq and hezbollah in lebanon. these are extremist groups. these are brutal groups. these groups have no qualms whatsoever about targeting innocent civilians.

they don't even care about the palestinian people, if it allows this em to advance their crazy radical theology. >> the facts show they are extremists. they are brutal. in this case, they're also part of the government as most of our viewers know. and most of our viewers also know that part of the discussion here has been israelis in palestinian settlements, in these settlements in the gaza and that that's where this began with these three israeli youths who are as innocent as anyone could ever have been being killed in what is the occupied territories. should incursion -- should these settlements be part of this discussion now, and if not, why not? >> listen, some people say to israel, shepard, you guys just don't get it. just take down all the settlements and pull back to the 1967 lines and everything will be wonderful. you'll get peace. i wish it was that simple. in gaza, that's exactly what we did -- ariel sharon, you'll recall, we took down all the settlements out of gaza. we pulled back to the recognized

international frontier, and what did we get? we didn't get peace. we got hamas taking over the gaza strip, and we've had had thousands of rockets fires from gaza on our civilians because these radical extremists don't recognize the jewish state in any border. and that's the truth. we want to engage with the palestinian leadership that's moderate. we want peace, but hamas is definitely not that leadership. >> before we go, and i don't have much time, what is your level of concern, mark, that this time this could escalate, that there could be a series of events which could make this spread beyond israel and the gaza, that this could become something much, much, much more difficult to contain? >> well, this could get worse. this could escalate. i'm confident that we have the ability to protect the israeli public. we've spent billions of dollars in homeland defense, in beefing up security and, of course, in creating this missile defense system which has been very effective, and i'd like to take this opportunity to thank the

american people, to thank your government, to thank your congress. it's a joint venture, and it works. it shoots down those incoming missiles. so if i look at the situation now, i wouldn't want to be in hamas's shoes. we want now to dismantle hamas's military structure. we want to reassert israeli deterrence. we want to bring about a long period of quiet, a period of quiet where the people of israel don't have to live in fear of an incoming rocket fired by the terrorists in gaza. >> mark regev, as always, good to see you and thank you. president obama is headed to texas this afternoon to talk about the crisis on the southwest border with thousands of unaccompanied children flooding into our couldn't tli. country. what should be done? stay tuned. you know that dream...

on my count. ...the one where you step up and save the day? make it happen. (crowd) oh no... with verizon xlte. hey guys, i got it right here! we've doubled our 4g lte bandwidth in cities coast to coast. so take on more. with xlte. on the largest, most reliable 4g lte network. is is mike. his long race day starts with back pain... ...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines"

u.s. officials say tens of thousands of immigrant children have been flooding into the country from central america. ed henry live in dallas for us. what more do we know about this meeting today, ed? >> reporter: well, shep, what's interesting is the white house hasn't given us a lot of details about if. we're picking up a little bit on our own, which is that the president will be arriving at dallas-ft. worth airport, but then he'll be taking marine one

over here where i am at love field. there's an executive terminal behind me where you can grab a cup of coffee, have a meeting. i'm told by one official that the president and governor perry will meet in that small terminal later to try and hash things out. then there's going to be a broader meeting. the president, the governor, faith leaders, others to try and talk this out. but look, we're not expecting some major breakthrough. the president and perry have much different views clearly on immigration reform, how to deal with this crisis. another interesting issue, you have a democrat, henry cuellar from here in texas who's been beating up on the president and told fox today that some democrats, he suggested they were connected to the white house, told him to knock off the criticism. listen. >> i'm more concerned not about who gets angry at me at the white house. i'm more concerned about my constituents that want to find a practical solution to this question that we're facing down there at the border. >> who called you? >> we'll just leave it like that. >> did he -- did they tell you to pipe down? >> we'll just leave it like

that. >> reporter: cuellar not saying who called him, but also going on to say he's not going to back down. thaft, he's still insisting the president go to the in factor. you can hear the choppers practicing. >> of course, it was brit hume that reminded us there's a law passed by every member of congress and signed by president bush and that's the reason this is happening the way it is. and that representative cuellar is not to suggest that democrats aren't defending him. some are. >> reporter: there are. and there are many democrats on the hill saying look, this is not a question of an open border and securing it. they say in this case, these children are arriving and they want to be apprehended. they're not trying to sneak into the border. and that's why democratic congresswoman sheila jackson lee says it's not the president's fault. listen. >> it's almost like the crisis in syria generated this enormous crisis on the border of jordan. it certainly doesn't equal what we're doing, but that's what happened. i don't think in any way you can fault the administration for this.

>> reporter: and that's why the democrats who are defending the president saying he needs this $3.7 billion emergency request to be approved quickly, shep. >> ed henry for us from dallas, thanks very much. we're learning the names of american -- i should say of the americans that our government reportedly kept tabs on using surveillan surveillance methods the feds claim they use to target terrorists. u.s. citizens including a former republican official who served under president george w. bush. this is the latest revelation, one that ed snowden's team including glen greenwald said would come with fireworks and be a bombshell. and later, the pillot who bought pizza for everyone on his delayed flight. have any stories of terrible or terrific pilot? yes, i do. i will be sharing mine. if you'd like to tweet yours, do so @shepnewsteam.

that's @shepnewsteam. send them to us. he bought pizza for the whole flight. if only they could get us there on time. that appears to be a much more difficult process. ♪ ♪ start a team. join a team. walk to end alzheimer's. visit alz.org/walk today.

a new report indicates the feds have been secretly monitoring the e-mails of several muslim-americans, all of whom fiercely deny any connections to terrorism. in fact, there is no indication that any of these five persons has any connection of any kind to anything like terrorism, period. stop. according to the journalist glenn greenwold, documents show the government kept tabs on the five men anyway including a former homeland security under president bush and executive director of the counci american-islamic relations, the largest civil rights organization in our nation.

glenn greenwold joins us now. he broke the news on his website. he's also author of "no place to hide." you were on the program with us, what, a couple weeks ago. and then this got delayed a little bit. you were talking bombshells and fireworks and all that. glenn, to be quite frank, in today's news cycle, this is being played below president obama being offered a puff, puff pass in colorado. i mean, was there more and i'm missing it? >> it's gotten a lot of play. we just posted last night at midnight. you know, "the new york times" has a very long article on it that's being promoted as the top story or the second story. i mean, look. i mean, the fact is that there are people who look at the targets and will think, oh, that's only muslims. and even though they might be americans, i'm not really bothered by it. i think sometimes that's part of it. i think the implications are sinking in nicely. >> are there more names? are there more people? were there some who wouldn't cooperate? help me understand the bigger picture.

>> yeah. this is a really hard story to report. i mean, for one thing, we wanted to make sure that anybody that we reported, we were very comfortable that we weren't, you know, blowing a legitimate ongoing investigation. and at the same time, a lot of people did not want to be publicly identified as being targets of the fbi or the nsa for fear of the stigma that it would produce. and we wanted to honor people's wishes in that regard and not drag them unwittingly into the public life. all of these people were people who were willing to come forward and speak out. we felt like they were very i will illustrative cases. >> is there more we're going to learn from the snowden documents, or is this the finish? >> no, i have stories that are already written, in fact, that still will be publicish willed. other journalists from around the world are working with us on the archive. there's definitely a lot more big stories to come. but for me, this fills in a

really important part of the picture, which is putting a human face on how -- we all know that the obama administration is bulk surveilling all of us, but this puts a human face on the kinds of dangers that can be presented to dissidents or people who criticize the government from the most invasive forms of surveillance. so it's important. >> our judge nepal taun kntha n talking about the government keeps getting revelations on things that are extra-constitutional, and yet people aren't jumping up and down screaming about it, and i wonder if you have thoughts on that. >> well, hopefully, you know, one of the things that the government has succeeded in doing, a lot of people have tried to sue the government into claiming that this spying is unconstitutional, that it violates our fourth amendment right and the government has succeeded on getting them thrown out that they were subject to the spying, that it's all secret. so one of the things the story

will do is now let people, specific surveillance targets, go into court and say they were subjected to it and get a ruling about whether or not this really is consistent with our fourth amendment rights. and i think that will help public reception. and i do think that people have been very interested in the snowden revelations, which is why a year later we're still talking about it. >> right you are. glenn greenwold with us from brazil, by the way, after the blitzkrieg yesterday. how are they doing? >> things aren't too joyful here, shep. they're still processing their own shock. so hopefully they'll get over it soon. >> if argentina lose today, then it would be brazil and argentina on saturday. that would be epic. glenn, good to see you. best of luck and travels. u.s. intelligence officials say islamic extremists are gaining ground in iraq and beyond and trying to pick up more western supporters with social media-based propaganda. how that could affect the ongoing crisis in iraq next. plus, word the fed dished out tens of billions of dollars

to a bunch of people who weren't supposed to get nothing. details on who managed to reap the reward. tens of billions of dollars. where's the line, please? you pay your auto insurance premium every month on the dot. you're like the poster child for paying on time. and then one day you tap the bumper of a station wagon. no big deal... until your insurance company jacks up your rates. you freak out. what good is having insurance if you get punished for using it? hey insurance companies, news flash. nobody's perfect. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. see car insurance in a whole new light. liberty mutual insurance.

historic blitz krieg by germany yesterday. i mentioned it with glenn. cops say angry fans and protesters managed to burn at least 20 buses in sao paulo. yesterday marked brazil's first loss in any competitive soccer match since 1975. in southern california, cops say that they're looking for the suspect in an iphone robbery that led to the death of a 15-year-old girl. they say that last week she chased after a man who snatched her phone, then jumped on his car as it sped away. the car swerved. she fell, hit her head and died.

two hours later. and crews have finally removed all the giant airplane parts that tumbled into a river in western montana, don't you know. investigators say the empty fuselages fell off a train that derailed, and they're still working to figure out how that happened.

ray nagin. he of chocolate city and not sending the buses fame is going to prison. ten years in prison for the now disgraced former new orleans mayor. a judge today sentenced him for crimes including bribery and money laundering, crimes which spanned his two terms as mayor and included the very difficult years after hurricane katrina. federal sentencing guidelines recommended 20 years for his convictions, but the judge said the former mayor cannot be considered the leader of the scheme and handed down a lighter sentence. nagin has long denied he did anything wrong. his only comment in court was that he has, quote, trust that god's going to work this all out. god by his logic thinks prison

is in order. a jury convicted ray nagin of taking hundreds of thousands of dollars from businessmen in exchange for work from the city, or for his support for their other projects. the bribes included cash, free vacations, even truckloads of granite for his family business. in september, ray nagin in prison for ten years. iraqi officials say they found dozens of bodies blindfolded and with their hands tied behind their backs in a field south of baghdad. they say they're concerned because it's not where isis and its followers have a stronghold at all. take a look at the map over here. the red slashes you're going to see show the areas that sunni extremists have already captu captured. and it is a large swath. you can see it's mostly in the northern cities in iraq and the north and to the east, of course. but officials say these bodies turned up south of baghdad, way down here. in a predominantly shiite community. investigators say that could be

a sign of fresh sectarian killings, sunni against shia. meantime, iraqi prime minister nuri al maliki is accusing the kurdish territory, shown up there in the northeast in green, of being a haven for sunni extremists. but he gave no evidence to support that claim, and fox news has no evidence to back it up in any way. keep in mind, colon, nuri al maliki. also keep in mind for years the kurds have sought independence from iraq's central government. kurdish forces have also expanded their territory, taking regions that the iraqi army has left behind. this comes as u.s. intelligence officials give a new assessment of isis itself. and for more on that let's get to catherine with us from our washington newsroom. what are we learning about this recent intelligence briefing? >> shep, the situation continues to deteriorate with isis gaving ground. and western supporters through an aggressive social media campaign. and while this bipartisan agreement that there's no quick fix, democrats cite iran's

meddling and republicans blame being the white house for lacking a coherent strategy. >> they have no strategy, nor could they articulate a strategy to counter what our intelligence estimates are. over time it will be a direct threat to the united states of america. >> we've got iran very active in iraq, trying to help the maliki government. at the same time, they're active in syria, trying to help assad. and that complicates what we should do and can do. >> and wifox news is told that e recent changes to airline security overseas are directly related to the western recruits who are fighting in syria and iraq, shep. >> you had that figure that fut from the beginning. this group isis really good with the social media. >> yeah, isis and its followers are aggressively using social media to spread their propaganda. this recent tweet claims to show the passport now being issued by the caliphate in iraq.

while that there's no way to authenticate the photo, analysts say the posting shows they are serious about laying claim to an islamic state. today the state department saying it's trying to send its own message. >> it's vitally important to make sure that we itten to communicate, and countries in the region continue to communicate that isil is a terrorist organization, that they are -- their goal is to divide the iraqi people, divide people in the region among sectarian lines. >> that group is also taking a page from the al qaeda affiliate in yemen that first produced this english language online propaganda magazine known as "inspire." analysts say the new online english publications from the islamic state are also aimed at western recruits. but according to the middle east research institute that monitors these jihadi messages, the content is even more graphic and in many cases they celebrate the violence openly, shep. >> catherine herridge in d.c., thanks. more than $100 billion. that's how much our government wrongly paid people last year.

people who were not supposed to get that cash. that's according to the feds themselves. take a look over at the wall. according to the government accountability office, $50 billion went toward medicare payments alone, for treatments that officials say might not have even benes. another $14 billion paid for tax credits to families who did not qualify for tax credits. and $6 billion went toward unemployment benefits for people who were not unemployed. there is some good news here, though. the feds say the amount of improper payments has steadily dropped over the past four years from an all-time high of $121 billion. so the message is, be thankful because this time it was only $106 billion. carl cameron has the news. he's live in washington. carl, that would have paid for two or three days of war. >> you sound so optimistic about it. >> i really am. >> even though the numbers are down this year, the fact is it's been averaging over $100 billion for the last five years.

and the ga, and irs say it started to take off in 2009. they're trying to curb it but it's not easy. it's more than $5 trillion just in the last five year as loan. the irs wants more money to address the problem which is ironic when they need more taxpayer money to start saving taxpayer money. but the general accountability office actually says the irs's estimates are probably pretty low. the scope of the problem is larger and it's going to take massive structural procedural reforms. and congress has been talking about that for a long, long time. waste, fraud and abuse is the big problem here. there are clerical and human errors. but overall says the irs says the agencies themselves are setting themselves up for failure with improper billing processes. >> you have breaking news that revolves around irs text messages. >> well, here's the thing. the meeting today including john koskinen. darrell issa today began asking mr. koskinen if he was aware of

ocs, folks who are online knows it's a text messaging system. one of these things that employees can confer during the day. well, that information would be covered by the subpoena that congress issued the irs for communiques relative to lois lerner. they haven't gotten any of them. in addition they have in their possession an e-mail where lerner e-mails an i.t. person and asks speckally what has to be done and whether or not those text messages are going to be collected and go to congress. and in it she says she's already warned her colleagues at irs to be very careful about what they put in their e-mails, lest congress get ahold of it. this has republicans infuriated. they think it's proof of a cover-up and more evidence and more grist for the mill for these investigations. shep? >> good times. carl cameron with us. good to see you. thank you. the father accused of murdering his toddler by leaving him in a hot car for seven hours had reportedly tweeted about keeping babies quiet. this as we learn about a

jailhouse meeting between the mom and father. hello, mom, we have questions. that's next.

i do a lot oresearch on angie's list before i do any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. thlook what i got.p. oh my froot loops! [sniffs] let's do this? get up! get up! get up! get up! loop me! bring back the awesome... yeah! yeah! yeah! with the great taste of kellogg's froot loops. follow your nose!

16 minutes before the hour now. the father accused of leaving his 22-month-old son to roast to death in a hot car reportedly did some tweeting. tweeted about inventing snooze buttons for babies to keep them quiet. the british newspaper "the daily

mail" reports that last year he tved tweeted, and i quote, new invention, snooze buttons on babies. i'm going to be a billionaire. #shutupandtakemymoney. you may have noticed the dad mentioned another twitter user in his tweet. that user responded last night, posting "sigh, one of my old tweets made the news today ridiculously out of context and heartbreaking to no end." meantime our fox station waga fox 5 in the atlanta area reports the boy's mother visited the father in jail. in fact, there's video thereof, speaking to him for about 45 minutes over a videoconference. the video is of him walking out, not of the conference itself. at any rate, search warrants show the father and mother told investigators they had research hot car deaths online before their son's death. oh, really. the detective has testified that the dad told the mom that their child's corpse looked peaceful, adding, and i quote, i dreaded how he would look.

judge andrew napolitano is our senior judicial analyst and is with us. the facts here add up poorly. >> absolutely. and i will tell you that when the story first came to light, i thought, my goodness, the police have rushed to judgement. the guy is suffering enough that he lost his kid. why charge him with murder? the police knew more than i did when i came to that conclusion. it now appears that they may have on their hands, shep, a first-degree potentially capital murder, meaning death penalty case, because of the evidence that they have very skillfully, and my hat is off to them, uncovered a planning and plotting the methodical murder of this baby. >> with a $22,000 life insurance in the mix. >> yes. i don't know that it was done for that motivation. >> oh, i don't know anything. >> it appears as though the motivation was this guy didn't want to be a father.

you don't want to be a father? put the baby up for adoption. don't murder the baby in a back seat of your car. now, look. they know a lot that they're not revealing. and at this stage of the case, the police are wise to be judicious about what they reveal. it is wise that he did not get bail because he has every incentive to flee. he knows that the government is building a very, very strong case against him, and they are building it with his own words and his own behavior. all of which is evidence of planning and plotting. first-degree murder, planned, plotted, murder, taking of an innocent human life. >> the mom said to him in jail, we're led to believe, did you say too much? the mom also checking in on hot car deaths. lots of questions about the mom. no charges against the mom. if the mom is in some implicated, could she face similar? >> yes, absolutely. she could face conspiracy to commit murder for which the penalty is not death, but it's 20 years in jail. depending upon the nature of what she said to him and what

they talked about. my theory is, they didn't want this kid. they tried to find a painless way to be rid of the kid. they came to the conclusion that in a hot car, the child would fall asleep, so would feel no pain. that's my theory about what the government's theory is. guess what? you kill an innocent person by planning and plotting? it doesn't matter if it's painless. you are exposed to the death penalty in a state like georgia which has the death penaltyuses. >> a lot to follow and a lot of work to be done on the part of those cops. >> nice to see you, shep. we reported plenty of awful stories about folks stranded on planes on the runway. now we have a good story. ahead, the world's greatest airline pilot who -- well, next to sully sullenberger -- anyway, this one apparently dealt with a long delay by treating the entire plane to dinner. dinner in boxes, but dinner nonetheless. look at the guy in the hat on the left-hand side of the pizza boxes there. i want pizza! stand by. 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. don'lobster toppers event.ew! four entrées, starting at just $15.99. like our new lobster-topped wood-grilled shrimp... or the new! lobster-topped lobster. and now for lunch, try our new lobster tacos, just $9.99.ends soon so hurry in.

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. new the hero pilot. severe storms grounded a frontier airlines for hours, so the pilot decided to throw everybody a pizza party. passengers tweeted a bunch of photos. the flight took off from reagan national on its way to denver. that's before heavy rain forced the pilot to ground the plane in cheyen cheyenne, wyoming. one passenger said the pilot said front teier is nonas one o the cheapest airlines, but your passenger is not cheap. i just ordered everybody pilots. meantime jerry willis joins us.

host of willis reports. so what happened after he made the call? >> well, after he made the call, the domino's store there in cheyenne, wyoming went nuts. they had to call back in employee, make the pizzas pronto. they made about twice as many as they usually do in 30 minutes. but then when they finally told the passengers there was a big hoorah that wepts up frnt up. we'll have that pilot and somebody on the plane on our show tonight. >> cool. what is the best thing at domino's? would you say the wings in at lum numb aluminum file or would you be right when you say the double lava cake at the end? >> what is the heck is a double lava cake? >> you've been at a fancy restaurant where you get a cake for 20 buck, domino's does it for 2.99 and it's good about that. >> they were happy with the

pizza. they weren't quibbling over the lava cake. and they were thrilled by what happened. they weren't upset at all that the pilot said they were cheap. they said the pilot did a great job taking care of his passenger and they have been voted one the best airlines out there. so they're taking it in stride. >> best airline food possibly consumed. overseas if it your company is good enough to put you in the right tab, you can eat. but not domestically. i'll have cardboard with sauce. so we have some tweets. >> yeah. one passenger says he was on a flight to north carolina and part of the air conditioning system stopped, so the pilot handed out free food. the other viewer says she was going from charlotte to new york, a stewardess sat there and contra

comforted a lady who found out her daughter had died. and the last one, a viewer says he saw three delta pilots in the cabin give up their seats to three military guys on the standby list. >> i've been seeing a lot of that lately. >> amy adams just the other week. >> yeah, gave it up for a marine, i believe. one of our heroes. >> yeah. >> good stuff. cries or brian, what do they call you is th? chris, thank you. final word, what happened on this day in history, a look at the stock har wet and off to neil cavuto. and football. i mean soccer. going to be here. not here, though.

go to our website to watch the interview for the spokesman for netanyahu. minutes there now, argentina will face off against the netherlandss s tto determine w

will face germany in the world cup final. and in san antonio, folks are using their hair to root for their favorite teams. a picture from rob the original says he's a hair artist. look at the screen. a hair artist who combines his scissors and razor with pencil and paint. his head shows the argentinean star. and shehere is tim howard. goal! on this day this 1962, bob dylan record blowing in the wind. he then played the tune for the first time a few weeks earlier at a small club. at the time, he claimed it was not a protest song and that he had written it in just ten minutes. the tune would help make dylan a big star. and peter, paul and mary's cover of the song became an anthem of the civil rights movement. but bob dylan took the classic

track 52 years ago today. good job, bob. protest song. close up to 17,000 again. everything is horrible. just look. horrible. ♪ the answer is blowing in the wind ♪ it all started on this show with this remark by this democrat. >> i hope that it doesn't become a president obama katrina moment. i'm sure president bush thought the same thing, that he could just look at everything from up in the sky and that he owned that for a long time. so i hope this didn't become the katrina moment for president obama saying that he doesn't need to come to the border. >> he's got company. more democrats putting the pressure on. but will it be enough for the president to change his mind right about now? because we're about to find out right about now. welcome, every. i'm neil cavuto.