twinkies covered in chocolate, coming to a store near you. >> now deep fry that. >> we wasted our show on immigration, we could have been talking twinkie. >> see you tomorrow! with scotty mccreery. abill: good morning. the blame game on the border. president obama says it's up to republicans in congress to fix the surge of illegals pouring across our border. >> folks are more interested in politics than solving problems. if they are interested in solving the problem then this can be solved. if the preference is for politics it won't be solved. bill: those comments not sitting well with republicans today. good morning, welcome to "america's newsroom."

martha: the president says he needs congress to approve the $3.7 billion. but governor perry says it's about securing the border. >> i don't know if he's inept. the border is not secure. we have a humanitarian crisis on our hands because the border is not secure. the president needs to understand the single most important thing he can do is put the national guard on the border to coordinate with our local law enforcement and you can secure border. bill: the president wakes up in austin, texas, but still no visit to the border. wake up in austin.

butted the blame is shifting. it's almost predictable for washington these days. >> i with say it's predictable for this president in particular. he doesn't have another page in his playbook. when he doesn't know how to handle a problem. his de facto move is to blame republicans. but i think that's an argument that is a gutsy argument. because he structured his second term around the idea that he can work around congress. the white house put out an update on the year of action, listing the things the president has done working around congress. but on this one issue he can't work around congress? bill: there was a lot from rick perry with hannity. >> we have a humanitarian crisis

on our hands on the southern border and the president needs to be engaged. he's coming to texas. he's 311 miles from the border. air force one is a pretty fast ride. i think about the president george w. bush received when he didn't go to norms after katrina. the first thing i asked him when i got on to air force one. i said this is important for you to see this. it's important for to you absorb as a father and as the president of the united states to see the humanitarian crisis. bill: he's pushing for the national guard. but under the current law they would not be sent back necessarily. perry is pushing the message to other countries the united states is not an open door. >> it's true if that's the

result. but that would take a long time. the president didn't include with this $3.7 billion request any legislation that would change the act of 2008 that would change the law. there are members of congress who think you can do this unilaterally and enforce it selectively as he has done with so many other laws but he opted not to do it. until the president seeks that change in and active way he's not serious about solving the problem. bill: i don't get the sense and based on that you don't think anything is changes. >> i don't think anything is changing at all. the president decided he was going to play politics by trying to throw this in the lap of congressional republicans when it's something that requires presidential leadership.

martha: the request for that $3.7 billion gets its first look today on capitol hill. a senate panel will determine whether to approve the emergency fund. there are signs that much of the money would be used to care for the illegal immigrants who already overwhelmed federal facilities. we are running out of space for them. the house speaker john boehner says the president's funding request avoids what is the central issue to this problem. >> the president's request is all about continuing with the problem. we have to seal the border and end the problem so we can begin to move on with the bigger questions. martha: the president said last month speaker boehner told him the house would not vote on an

immigration reform bill this year. ted cruz trying to help the president find his way to the border to see the immigration crisis. he sent the president some google maps and sent him some directions. the president is doing fundraising stops in austin and dallas. but ted cruz is giving him a little bit of a hand in case he needs to figure out how to get from where he is to the border. bill: what do you think? is the national guard the answer to solving the crisis at least in the near term? send us a tweet and we'll share your thoughts throughout the morning today. coming up. >> a mexican federal judge ordered american marine andrew tahmooressi to go back to jail.

he said he made a wrong turn with three registered guns. he told officials they were in his car and it was a mistake. obviously he wasn't released yesterday as some people thought might happen. >> we had american advocates who hoped he would get released and his mexican attorney who said there was a slight chance. sergeant tahmooressi arrived in the tijuana courthouse at 9:00 a.m. basically he was there for 11 hours. you see him coming out of the courthouse in a t-shirt. he's being held east of the tijuana. his attorney final had a chance to question the officers on the

mexican side of the borderer that detained him. >> there was the cross-examination of two gentlemen who were witnesses within the administrative procedure that took place at the tijuana customs authorities port of entry where andrew was detained. and it was finally and officially discorresponded there are multiple irregularities. >> reporter: the date of his search that was supposed to have taken place was dated on the papers he was given 3 days before he crossed the border. so the date wasn't incorrect. and there are 11 pages missing, amongst other irregularities. martha: where do we go from here? >> reporter: people hoped he would be released yesterday. there is a chance the judge could release him at some point. his next hearing is august 4. that's most likely it would happen during that hearing.

we heard his mother had the chance 0 go to the courthouse yesterday. she got about 20 minutes with her son once the hearing was completed. >> we are optimistic about the future. >> reporter: how tid you find him? >> strong, he's very strong and positive. >> reporter: he's getting a lot of help from an american advocacy group. they working with a pastor, they meet with him and pray with him and help keep his spirits up. yesterday was his 101st day in mexican custody. 11 hours was spent in a hearing at a mexican courthouse. martha: his mother has been at the forefront of keeping this front and center. bill: israel stepping up its

aerial offensive overnight in the gaza strip. israeli air force hitting 300 targets of hamas so far today according to the israeli military. the targets are under yownld targets. israel says rockets have been launched by the hamas terror group every 20 minutes. it says it will move in if the attacks from those rockets do not stop. martha: how investigators may have saved the eiffel tower and other international landmarks. bill: a 911 dispatcher took an emergency call about her own baby. martha: president obama under fire for playing pool and drinking beer in texas and not

visiting the border. a texas congressman calls that behavior bizarre. >> stop the bleeding. protect the kid that are being exploited. it seems strange president obama doesn't see the damage being done to his own legacy. yelling c'mon, you want heartburn? when your favorite food starts a fight, fight back fast, with tums. heartburn relief that neutralizes acid on contact. and goes to work in seconds. ♪ tum, tum tum tum... tums! veggies you're cool... reworking the menu. mayo, corn dogs...you are so out of here!

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martha: a 911 dispatcher received a call from her own home. she picked up the call and her fiance said her 14-month-old son had something stuck in his throat. >> he's starting to choke on it. >> my child is choke. medical is en route. bill: it's been a bizarre few days for the president. he was socializing, drinking beer and playing pool. in a calm time there would be nothing wrong with that. but this is not a calm time. war could break out any minute and we have 60,000 children

under humanitarian care at the border. possible war in the middle east, a humanitarian disaster on the border and barack obama is socializing? not good. bill: that in addition to the president's decision not to visit the border in texas. including democrats. one calling the president's actions bizarre. how are you, sir? welcome back to america's newsroom. no solutions so far. you called the president's actions bizarre. you say they are one step behind. anything changed? >> i'm asking the president to go down to the border. if he's not going to do it, hopefully tim in the near future he can go down there so he can talk to the young kid. ththey are scared and hungry.

miguel, age 14 that i got to talk to. i have been to the border patrol stations twice. certainly we have to understand this humanitarian crisis we have seen. bill: is it acceptable for him to spend two days in your home state and not go there? >> my personal preference is for him to go down to the border. apparently he made the decision not to go down to the border. he's the president. he can go down to the border. today he's in austin, texas. it's up to the president to go down there. i'm knowing he doesn't make it this time that sometime in the future he can go in. we don't need to have photos. twice i have been at the border patrol station down at the valley and at the air force

base, they don't allow cameras. we don't have to worry about cameras there. all i want is for somebody to put a face to the 9-year-old from honduras or the 14-year-old in ex what doer. just understand what's happening down at the border. give the many men and women in green at border patrol a pass for the work they have been doing. the generosity that has been helping the humanitarian crisis. bill: your governor rick perry says the president needs to be there to show the american people number one that he understands. governor perry is calling for national guard troops. they are protected by the law so you put the national guard there

you can't turn them away. they are protected by the law. >> they are providing support services. they are not securing the border. in texas three weeks ago 280 individual, 280 individual, women and children just turned themselves in as one group and said here we are, we are here. given notice to appear, some of them are not going to show up for two years before there is a hearing, then the immigration process is such a long term. it's going to take a long time. do you know that of day in laredo they are releasing 250 individuals at bus stations? 500 individual every day they send them over to a bus station, they buy a bus ticket, they go

to virginia, new york, waiting for a hearing that might take years. bill: if it even happens. that's governor perry's point, you send the national guard and that sends a strong message back to the american countries, do you agree with that. >> we have to send a message. the number of people coming in has not stopped. 48,000 just at the border. 48,000 individual detained by the border. 9,700 both months. this after the president said he put all decks on hand and was going to coordinate. where are the immigration judges he said he was going to send down there. why are we not seeing the stem of the flow of the wave of humanity.

bill: is the white house taking your calls? >> i'm ready to work with anybody. i'm ready to work the president. we are going to review his proposal. but even the proposal has to be changed. why is there $200,000 to for a media specialist. i'm sure the state department has somebody who can speak spanish. i want to support the president but we want to review the proposal very carefully as a member of appropriations. bill: thank you, sir, you raise a number of interesting questions as to why we don't have answers. everybody is wondering that. thank you, sir, for your time. martha: the money that was being spent to deal with media issues. you have hundreds of millions of dollars to launch campaigns in these countries to explain to people they should not come.

that the deal they were promised does not exist. what about picking up the phone saying you need to crack down on this right now. bill: one for english and two for spanish. martha: benghazi and the collapse of iraq. president obama under each of these crises has attended party fundraisers. former new york mayor rudy giuliani is here on that. bill: was lois lerner trying to hide something as the allegations are leveled that the irs targeted conservative groups. >> lois lerner asked and wanted to make sure ... ugh. heartburn.

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martha: there are new revelations on the irs targeting scandal. emails show lois lerner warned her staff about what they should and should not say in emails. many of her emails disappeared shortly after. watch this exchange. >> miss learner says, i know i have gotten rid of the emails when the computer crashed two years earlier but i better double-check on this intraoffice instant mess anding capability we have at the internal revenue service. peter what do these newly exchanged emails show? >> we know email wasn't the on the way irs officials also

talked to each other. there is an instant messaging network. those conversations are not routinely backed up. let's look at this email from lois lerner to another official saying i was cautioning folks about email and how we have had self conversations where congress asked for emails and there has been an electronic search so we need to be cautious about what we say in emails. learner also then asked if those instant messages are backed up. the official says only if one of the people chatting saves the conversation. lerner said, perfect. the oversight committee chairman says this is a smoking gun. >> this is lois lerner cautioning people not to say things on email and being delighted find out the local instant chat that they have, this microsoft product wasn't tracking what they said so they could do this instant messaging

back and forth at the irs without any audit trip. >> reporter: in the courtroom government officials will need to explain how many hours their lawyer spent investigating those claims. martha: lois lerner clearly said i have done nothing wrong in the first hearing where thee took the fifth'. if you have done nothing wrong what is it you want to make sure is not revealed in emails? >> reporter: there is no new line of defense. but one democratic lawmaker read a statement from lerner's lawyer. >> the facts are miss lerner did not destroy any records subject to the federal records act. she did not cause the computer assigned to her to fail.

>> reporter: that is the on way we hear from lerner through read statement like that. she appeared twice and pled the 50s the twice. bill: terrorists linked to al qaeda setting their sights sn some of the most world famous landmarks. martha: the president pointing the finger at republicans. more money is need he says to deal with the border crisis. our panel takes that on. >> the challenge is, is congress prepared to act to put the resources in place to get this done? six grams of sugar? that's really good. excellent, delicious... and yummy! honey bunches of oats. tasty! yummy!

bill: an alarming story out of the rapidly changing country of iraq. the sunni terrorists are said too be getting their hands on nuclear materials. seizing 88 pounds of uranium compounds. they were being used for research at the university of mosul. but there is a warning they could be used for weapons of mass destruction and smuggled out of iraq. also the terrorist threats against world famous sites like the eiffel tower. martha: president obama blaming

republicans for the breakdown at our southern border. the president says it's up to the gop to put the resources in the right place to top this surge of illegal immigrants. >> the things that the governor thinks are important to do would be a lot easier to do if we had the supplemental. there is a simple question here. congress just needs to pass the supplemental. this isn't theater. this is a problem. i'm not interested in photo-ops. i'm interested in solving a problem. martha: doug schoen and monica crowley. why is the answer to every crisis always money. more money will solve this problem magically. sign it, congress. >> in this case it does make sense to appropriate more money. but there is a bigger issue.

why is the response to everything from the president and the republicans politics? why can't they get together and come up with a solution that will control the border, that will talk to the populace and the leaders of the central american nations sending kids, and also do a pathway to citizenship for those here as well as a resolution quickly to the issue of the 50,000 or more kids coming vis-a-vis the ill conceived act. martha: the state department money is where the hundreds of millions of dollars comes to do basically media relations campaigns in honduras. guatemala and el salvador. saying you can't come. we don't have the resources for you.

if i'm running a small media relations company in honduras i'm excited. >> what you heard from obama is vintage obama. it is an excuse for more federal money. he could stop this tomorrow putting the brakes on the law that's allowing these children from countries other than mexico to come in and not be immediately deported. he could put the brakes on that. he could also enforce the border. this is his responsibility already. the president of the united states, they control border enforcement and immigration law. he has the resources to stop this from happening and he refuses to do it. he talked about wanting to change the regulations to prevent the additional kid from coming in. this week he said i'm not going to do it. i'm not going to speed up the deportations. martha: here is the next part.

if we are to believe he doesn't want to change this law pause he's sympathetic to these families in these countries to their situation. granted, his press secretary said he thought 90% of the kid would not fall under the humanitarian clause and would be sent back. where is the sympathy? he's playing pool. where is the sympathy. show something sort of expression to the american people. here is why the people matter. here is why you should care. >> this is as much a bang shot in pool as it is hard headed politics. what i mean by that. he's trying to say to latinos, i care and i'm compassionate. he's trying to say to swing voters i want to be tough about border security. >> he has done neither of those things you are saying.

>> the larger issue is the republicans range lower than the democrats. when in doubt blame them. don't try to solve problems. martha: he said if you get your acting to and give me the $4 billion i can solve this. >> immigration is the executive branch's responsibility. we know enough about president obama to know you watch his actions to know what he's all about. he has not lifted a finger in this crisis. he needs the chaos and he needs the crisis. early on he wanted to pressure republicans to go for comprehensive immigration reform. now that that's dead he says i'll do it by myself. our seeing on the border, that's it. what he is doing now, his failure to act on this despite all the rhetoric about wanting to fix the problem, he doesn't.

martha: you think he wants people to flow over the border? >> i think he has no idea what to do. i don't think he's prepared. witnessed by his failure to go to the border. >> martha: how you orchestrate that? >> i would have gone and had him make a speech about what his policy is and what he wanted to do with the republicans to solve it immediately. >> martha: would you have pictures with families? >> of course you would. we are a compassionate nation. this is a man putting politics ahead of rationality. martha: compassion is the argument and we haven't seen that. we have seen pool. >> you can be tough and compassionate. >> this is about flooding the zone. this is about new democratic voters getting them on a path to citizenship. martha: if you wanted toughness

and compassion you would shut down the bored and show compassion for the children who are already here. bill: netherlands against argentina coming down to the penalty kick. that is your winner. the goalkeeper for argentina was the star of that game. 4-2 in the shootout. germany beat the host country. brazilian -- fans will be watching two of their bitter rivals play. i have to think germany is the fast it, right? martha: we don't know what we are talking about but we tried to learn. pill * we are moderate fans with a small m. >> martha: i think we said

argentina ned. who are you going to nick the final? bill: i'm going to pick germany. is that okay? it means you will have to go with argentina. martha: one of those hemmer-maccallum bets. back to the business of news. another day, another fundraiser for president obama. former new york city mayor rudy giuliani is here on what some say is an emerging pattern in the obama presidency.

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mosul he was at a fundraiser in laguna beach in southern california. rudy giuliani, the former mayor of new york city is with me in studio. good morning to you. presidents raise money. that's what you do. with the mid-terms coming up you need the cash to be successful. >> i have no objection to the president raising money, though he has done a lot more than bush did at this stage in his presidency. how, the problem is what he's running away from when he does it. and the pattern there. not being in the situation room when benghazi going on is a disgrace. not going the border violates i would say one of my cardinal rules of leadership which i wrote about in my book. i was trained from the time i was an assistant district attorney, you go to the scene of a crime and go to the scene of a problem.

if you go, there are a lot of things you find out. but people tell you what they see. not what you have to see. it was my rule as mayor 0 go to the scene of of incident. sometimes it was 3:00 in the morning or 4:00 in the morning. but i could make better decisions because i could sometimes see things. for him not to go because he doesn't want ownership of this, as president he puts politics and policy before the united states. i remember president bush when he came, he said how vast is it. when you see it on television it looking this big. when you are on scene you realize how big the problem of recovery would be. bill: rick perry says the

president needs to be there to show he understands. i think when i listen to the white house, they go for symbolism. you go there because you are in charge. you go there because you are going to have to make decisions and you want the maximum amount of accurate information. he doesn't function that way. that's why he runs away to fundraisers when ambassador steven is killed. i mean, there is a disconnect here in the things a leader does. >> there seems to be a certain stubbornness. when the other side tells you to do something, you under that as a politician. you wanted to give him. it has to be -- if you happen to be one out of 10 times right, you should do it. but there is no level at which he functions as a chief

executive. he's functioning 100% as a politician. most presidents function half one, half the other. but the chief executive thing will kick in at important moments. bill: is that because you have to be in there and be a governor to learn those skills? >> i think there is a lot to the fact that the president wasn't prepared to be president. the american people overlooked the lack of preparation. this is the most difficult job in the world. it's hard to put somebody in there who has never had executive responsibility. never had command. never run the military, or a government agency. he doesn't have those skills. bill: karl rove says he has had 400 fundraisers. this is to his currents term,

5 1/2, 6 years in. 393, and bush at 216. >> for him politics is the priority. to every president politics is important and they balance politics with the substantive job of being president. in his case politics overwhelms. the story of benghazi is they had a political narrative about what was going on in libya. the facts on the ground contradicted that and they covered it up because politics overwhelms substantive reality. you can see it throughout. you can see it throughout the void he has left in iraq. the void he left in syria with all the red lines. the void that he started to leave in afghanistan. we may have the same situation in afghanistan that we had in syria and we are about to have

in iraq because america is so anxious to pull out. what do you think these people do? he run for the hills. they make their own alliances. let's circle the calendar. thank you, mayor. martha: there are reports of terrorists targeting the eiffel tower. the pilot steps out of the cockpit to deliver pizza to everybody. a simple act of kindness that has been seen all over the world. t! [bell rings]

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bill: a deadly standoff comes to an end in a houston suburb. police arresting a man for shooting 6 and killing four of his own children. >> chinese hackers breaking into the database of a government personnel office. at risk the files of all federal employees. that missing teen from washington state has been found, is safe and not harmed. tracy dean had wawrkt out of her home. she said if you are writing this i'm either missing or dead. martha: police in france say they foiled a potentially massive terror plot to blow up

the eiffel tower and the louvre. how serious was this plan? >> potentially very serious. that plot was in its early stages. that's why authorities are saying al qaeda abroad could represent a serious threat to the homeland wherever that homeland is. here is how it went down. french police were monitoring the phone conversation of an algerian man in the south of france with the head of al qaeda's chapter. he asked what would be good terror targets to hit in france. that's when the eiffel tower came up when he called for him to come abroader to training, that's when french police scooped in and arrested the man. acting preemptively against terror the focus of real attention. thousands of westerners

proposing tough new laws. prime minister david cam ran calling for tougher new laws on texts and phone calls. and calling for a global response to a global challenge. martha: those folks will be tested in figuring out who these people are moving around with these passports. we are getting reports that are disturbing that isis stole nuclear material that was being stored in iraq. >> reporter: we have been speaking to officials of the iaea, they tell us they have concerns about radioactive material getting out of regulatory control. fighters for the islamic state seized a uranium compound in mosul, the northern iraqi city

the militants occupy. baghdad officials say the materials could be fashioned into dangerous bombs. the iaea says the uranium was low grade and does not represent a nuclear proliferation risk. this comes a day after the same militants seized a chemical weapons factory north of baghdad. those wea seized said to be degraded but you can see the danger right this week. martha: nuclear material and a lot of thing that are potentially dangerous. martha: governor perry agreed the humanitarian crisis is a --

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it is described as a title wave of human misery. flooding across the border. r refugees seeking shelter at the intake camps. welcome to hour number two of "america's newsroom." i am martha maccallum. >> and i am bill hemmer. the news facilities are invited to visit fort sill but no

cameras. the rules are being demanded to be reversed without delay according to senator mccain. contain. >> if a member of congress can't visit a facility in their own state. the people of arizona elected me. i am not supposed to carry a cellphone with me? you have overstepped your authority and i want those instructions revoked as far as members of congress are concerned and i want to done today. >> next guest went to mcallen, texas. congressman, tell me what you saw there. you thought they were deplorable conditions. nothing like you have seen in

america. >> it is a refugee camp and i never thought i would see it in this country. we saw children being quartered off with scabies. very sad conditions as a human being to see something like this. about 80%, though, of the so-called children are 16-17 years old, most male, that from a security standpoint concerns me, more so than had -- the -- little girls because they can not speak english so what are they going to do in the united states? >> i think you are right about that. i want to get back to that security concern. but from the humanitarian side,

what do you think about how the president has expressed his views on this? it is unclear what he wants to happen. >> he has been across the board about deterring. these little girls were on a raft, almost flipped over and drowned, they were in tears. the drug traffics abuse, exploit, and rape them and in come cases kill them before they even get to the united states of america. that is a story that needs to be told. we need to stop the flow to protect the kids from that journey and the best way to do that is to send a message that if you come you can not stay. we need to send the family units and children back to their

countries so we send a signal they cannot stay here. i know that sound harsh in some circles but there is no way to stop it. >> you are making it sound like the journey itself is one of the bigger threats to the people and you want to keep them safe from not taking it in the first place. >> stories of exploitation, abuse, raped -- it is a deplorable deal. >> congressman, obviously this had an impact on you being there and speaking to the individuals. you can never understand a situation until you get down there so what do you think about the president not going? >> as a human being it impacts

you. if not you are desensitized. why would the president of the united states come to my state, raise money, and not go down to see the crisis? i worked on the border and i have never seen a crisis like this. we have the president of the united states coming in to raise money and has to desire to see the children or deplorable conditions tat need to be resolved. his response was i sent my underlings to take care of that. >> we have a panel discussion with monica crowley said some people believe the president is encouraging this situation and it makes it more glaring in terms of immigration reform and it makes the gop look bad. did you believe that?

>> initially he talked about changing the 2008 law. when mexicans cross they are removed. but whenever others, like central america, it is a different policy. we want to make the policy the same as it is for mexicans. the president retracted that idea and is throwing it on congress to resolve the problem. that is the deter angle and if we don't have that they will not stop coming. and this isn't to just stop the flow but to stop the abuse on the way into the country and more security needs to be addressed. >> your point that the way humanitarian way to handle this is not to allow them take the journey. and i want to have you back to

talk about ms-13. more fallout on the president's refusal to visit the border. he is not interested in a photo-op he said but he was two days ago playing pool and have having a beer with the governor there. ed henry starts the day in austin, texas with the president. when you are president you have photo-ops every day when you want them or not. >> sure. and that is why you are seeing this go viral. there is a #notinterestedinphotoops with a series of pictures with the president. playing pool with the colorado governor the other night. part of what he is doing on this tour, you see his names on the paramount theater, is talking about the economy with real

people. he is having lunch with a woman who wrote a letter on how he is struggling with the economy and they let us in to take pictures. that is a photo-op as well. so that is why the president pushing back is ringing hollow. >> what appears to be the best short-term solution to stop this? would that be the suggestion of rick perry to put national guard troops on the border so we send the message we are not an open door? >> until the president does a measure like that he is not going to gain the trust of the republicans in terms of securing the border and he is never going to a get a broad major immigration reform until he first secures the border. but i would watch this democrat henry who you had on who has been a fierce critic of the

president saying this could be his katrina. he is working to tweak that 2008 law that treats children from mexico different than central america. that might ease the border short term. >> is the white house satisfied it met with rick perry? >> they think it shows the president is offering good faith to the republicans. perry has been a critic of his. didn't want to shake his hand on the tarmac, they had good time together, but whether it translates to luck on capital hill, i doubt it. newly revealed congressional from top military commanders

suggest there might have been two different groups in the attack on benghazi. the men responsible for the initial breached were familiar with the layout of the compound and then a disorganized mob burned down the facility and killed two men as they fought off the attack. that attack showed clear military strategy and training. a domestic dispute leaving six dead including four of the suspects five children. an update on that story in a moment. >> the white house is facing revolte over government series. >> and new information showing that lois lerner may have tried to lie to congress. >> there was no one with any

common sense who would reach that. that.

you know us. "we'll deal with the government, you have enough to worry about." that's what's made us america's most successful social security disability advocates. call us when you need us. 1-800-66-binder let show you this massive landslide caught on camera. >> that is from japan as a tropical storm left widespread damage in the central part of the country. two are dead as the rain caused mudslides and flooding there.

it will hit as a typhoon on tuesday and the risk of flooding remains high as the storm moves through. republicans on the house oversight e-mail committee releasing new e-mails from lois lerner warning coworkers to watch what they say in e-mails. she said i was cautioning folks about e-mail and where we have had several occasions of congress asking for e-mails so we need to be cautious. let's bring in our panel here t. so, jordan, let's start with you, what does this reveal to you? >> it reveals what we know. it underscores why we told the fbi and department of justice we are no longer cooperating with their so-called investigation.

it was focused on low level people ignoring lois lerner. and then there is an e-mail showing 12 days after getting the draft from the inspector general and she is going to people saying they cannot search our instant messager, i hope not, and they write back not unless someone saves it. on the civil side of the case this continues and every bit of information helps us in court to build the case there wasn't just wrongdoing but wrongdoing that deserves retrobution for our clients and they deserve something for what they went through. we have some clients who haven't gotten irs approval and this woman was telling people to be careful in their e-mail and hoping their chat message isn't saved. >> rich, you say this isn't a smoking gun.

>> yeah, we cannot draw definitive conclusions but it knows a state of mind in the law where she is worried what she and others were saying over e-mail and worried about the possibility of congress getting ahold of those e-mails. it is just going to create more suspicion around the whole matter and 75% of the public thinks the e-mails were deliberately destroyed. >> the timing is interesting. right after the initial ig report coming out and before lois lerner dropped the statement saying at times for were concern groups that didn't get the tax exempt status they wanted and she let this thing open up and tried to do it on her own terms in that moment. let's look at this instant messaging system that she and the others were working under and here is her quote. someone asked if ocs, there

instant message service, was also searchable? i don't know. do you? my general recommendation is to treat the conversation as if it could be saved as it is possible to retain the information and have it turn up as a search. and she went on to say perfect. and jim jordan questioning on the issue here: >> lois lerner's answer of perfect is not to this lower box in red. it is to the last paragraph that says my general recommendation, this is from maria, to crete the conversation as if it could be or is being saved somewhere as it is possible for either party of the conversation. >> you expect us and more importantly the american people to believe perfect now we know we need to save these. no one with common sense would

reach that interpretation. >> it knows to her state of mind of we have to be careful with communication and treat them like someone is going to get them. why is she worried? the irs hasn't dealt with this well from the beginning. she lied at the beginning and then said it was low level people in cincinnati. and then you have the e-mails that were susubpoenaed -- subpoenaed twice -- and now we find out they were missing. >> you put this into context of all of the other stuff and you know they had to get nervous.

>> you have to be carefuluble culpr culpritability to an extent but this is done 12 days after her eyes is on the report that is going to come out. and then she knows her e-mails have been destroyed and now she is looking for chat messages and gets the word there won't be and says perfect and a month later she leaks they were targeting the tea party and a few days after that she takes the fifth. so she is making sure her conversations wouldn't get drafted and wouldn't testify to congress. >> if you did nothing wrong you don't have to worry about anything they find. is facebook better than the fbi? peter king is joining us to talk

about that. >> and get ready for a major wipeout as the world's largest water slide opens to the public. we have been following this story. big news day. >> it is from the company known as slitter bon and the name of the ride? >> it is a german name that means insane. we won two tickets on it. we won two tickets on it. [ female announcer ] there's a gap out there. that's keeping you from the healthcare you deserve. at humana, we believe if healthcare changes, if it becomes simpler... if frustration and paperwork decrease... if grandparents get to live at home instead of in a home... the gap begins to close. so let's simplify things. let's close the gap between people and care. ♪ veterinarischlitterbahn verrück

big nominations are out. game of thrones walking away with 19 emmy nominations.

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shooting spree north of texas. he is accused of killing six people including four children. casey stegal is live. >> reporter: there is conflicting information as there typically is in crime stories like this. on the scene initially police told the reporters, the man, the suspect, was the father of the four children he shot and killed. now there are reports surfacing he wasn't their father but was related. they believe the suspect had been married to a relative of one of the victims. happened in spring texas. a northern suburb of houston. this man, ron haskil cent to the wham and opened fire.

six people dead and four children from 4-13 years old. there was a lone survivor. a 15-year-old girl who manage that managed to call 911 and said the suspect was headed to her grandparents house to kill them next. >> what is the next step in this? >> reporter: police caught up with him before they got to the gra grandparents home. they are fine. he led them on a police chase and then a three hour standoff until he surrendered. >> we had a male armed with a pistol to his head literally and just killed six people. >> reporter: he is expected to be formally charged today. what sparked this deadly shooting rampage is unclear this

morning. >> thank you, casey. dozens of news organizations say they are fed up with the lack of white house transparency and calling on the president to do something about. but will the man who lives there do anything to change it? >> and the pilot comes to the rescue with hungry passengers with a pizza pie. >> we take care of each other and i figure it is time to take care of the passengers and ordered pizza. whoever is with me isn't going hungry. hungry. the menu. veggies you're cool... mayo, corn dogs...you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active. muscle health.

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dozens of news organizations sending a letter to the white house urging president obama to reverse a trend of secrecy at federal agencies reading in part you need to look no further than your own administration for a major source of that frustration. we call on you to take a stand to stop the spin and let the sunshine in. tyler harbor is here, campaign communication expert and julie, former political advisor and a fox news contributor. good morning to both of you. tyler, what do you see in here?

38 news organizations coming together. what does it tell you? >> it tells me there is a lot more to cover-up in the administration than we know. we know the irs scandal and the other unconstitutional activities that the administration is being sued for was turned up by journalist digging into the agencies and reporting and digging into what whist whistleblowers or others were giving them. so the administration of course is going to lock it down and not only is that unconstitutional, which seems to be their favorite past time, but it put as barrier between the people and their government. >> you can watch o'reilly every night and he is banging on the mainstream media because thee doesn't think they are doing their job.

i think there is hope. >> they were frustrated during the bush administration and now they are frustrated during this one. but any politician that can control their message through blogs, e-mail, tv, would be insane to allow more media in. >> the letter states we consider these restrictions a form of censorship. >> they are right. i get their frustration and there is nothing to argue with. obviously they are more and more on lockdown and you no longer have people roaming the walls of the white house trying to figure out what is going on. >> this is more than talking points and getting the message out. this is trying to prevent information from getting out

there. blocking request to talk to specific staff is one allegation. excessive delays on interview requests. officials conveying information on background and federal agencies black balling reporters that are critical. that is like mcarthy stuff. >> i agree with julie this isn't a new tat tactic but this is much worse than it has been in previous years. the administration -- there is a lot going on. they seem to be in full crisis mode and locking things down. it is understandable but not constitutional. >> i will say this. the next president, their staff, i would guarantee having worked as a press secretary, everybody

black balls reporters they don't like. it is just a fact of life. is that fair to the reporter? of course not. is that the job of the mayor or senator or president to make your life easier. >> what happened to transparency? >> there is none. >> and what explains why it took six years for this to happen? >> at the beginning of the administration when things were going great and the president was poplar and the administration had things they could toot their horn about you want to talk to the press. but as your presidency falls apart and you have the irs and you are one of the first presidents to be sued, you begin to lock the door and don't want the sunshine in because it shows you dysfunctional it is.

>> whoever the next president is, could be the biggest republican on the planet, they will engage in this behavior. you no longer have to go through the media. the press is going to continue to be frustrated and that is all there is to is. >> they are reaching back 10-15 years in this letter but a a lot of it is aimed at tthe current administration. many teens are turning to hookahs thinking they are cooler and safer than cigarettes but the health risks are still very serious. dr. marc siegel has more on this. what is the sudden rage about hookah smoking? >> at a time when cigarette smoking is declining among america's youth, hookah use is

on the rise. the new york university study just published reveals 18% of high school seniors, most higher socio economic classes are using a hookah and hanging out in lounges. >> it is somewhere to go, something different to do because a lot of people don't do it. >> it is relaxing. it is like you hang out, smoke it, and just relax. you don't get high or anything. there is no narcotics in it. it is just like a hang out thing. >> reporter: hookah is a social event where smokers share flavored tobacco. >> are there risks? >> it is a myth the water filters out the tobacco.

the charcoal adds more and there is evidence showing it is linked to heart disese, cancer, booth defects and the risk of sharing. >> a lot of people pass around the hookah pipe without changing the mouth piece and that increases the likelihood of you catching or spreading any disease whether that is a cold sore or the flu. if you put your mouth on something and pass it to another person it is a germ factory waiting to happen. >> reporter: part of the social event is not to change the mouth piece. >> that seems like it might be a good idea. >> reporter: i think so, too. >> very eye-opening. update on the story we have

been talking about out of kansas city. the world's tallest water slide open today. it is called verrückt which means insane in german. 170 feet tall and longer than a plunge at niagra. 260 stare -- stairs. the first rider said it was like dropping out of the sky. another guy said it was the most amazing ride i have had. it felt safe from beginning to end. >> the owner said you leave the water slide and the physics is you reconnect with the slide after a while. he didn't want to ride it. he had i have to. they make me as part of the contract. >> hit the second hill! >> field trip to kansas city. >> that would be fun.

facebook knows who you are just by looking at your face. but does the fbi have the same technology? why the feds are far behind facebook when it comes to doing facial recognition and how they are trying to catch up. >> what happened to a guy who wrote how to serve the running of the bulls? how ironic. had y"how to survive the bulls

pamplona" pamala philiplona bil pamplona" pamala philiplona bil bill bihillmannhill but if you have arthritis, staying active can be difficult. hullhillieve arthritis pain so your body can stay in motion. hi hillma what the heck were yo

thinking? >> good question. this week's throw back thursday takes us back to july of 1995. less than two weeks after being arrested with a prositute hugh

grant came on jay leno. grant pled no contest and his super model girlfriend elizabeth hurley stood by his side. he is still making movies today and still making money. >> lesson in crisis management. all right. so it is almost creepy how some of the internet giants can identify your face in a photo and match images to other photos with automatic photo tagging. now the feds are getting in on the act and launching a federal database but it sounds like they have a way to go. peter king is chairman of intelligence committee. good morning. >> good morning. i was concerned following hugh

grant's act. >> not an easy act to follow but we will try. when you think about this people watch 24 and csi and they think if you have someone's picture in a database that certainly the fbi has the technology to match them if that person comes across their path again. but they don't. >> no, they don't have as much as we would like them to have. i know that facebook on paper has a better system than the fbi but facebook has a better database to work from because they have much better photos. people that give photos to facebook and friends they are high quality photo and the fbi has to work off cameras where the biometrics are not clear and

the facial characteristics are not. they should try to upgrade. but having toaid that it is better than the comparison indicate because they have to work with photos where the quality isn't that good. >> true. but in many cases they have mugshots from a prior arrest. and i want to get into that. but let's take a look at what facebook does. this is a picture of an actress and it shows how they image her face with obviously digital points and put those together and we have another shot that shows a generic digitally of the face and facebook can do it from angels like the side of your face. and it raises the question once again, why in the united states where we have the greatest technology in the world, why would the fbi not have access to the best technology that anybody has? >> again, the fbi, even under

the news story is about 85% effective. and i would say if you compare apples to apples it is closer. the fbi is improving. i have been an adcocate of working with the private sector. i think the fact you are doing the story today is going to get the fbi excited and input to get funding so they can do what they need to do. we have to do in a way that doesn't invade facebook. facebook has 250 billion photos on file because so many people give their photos. the fbi -- most people don't give their photo to the fbi

volun voluntarily. >> when you look at the dzhokhar tsarnaev pictures and the fbi pictures and then walking through the crowd pictures and they had to go to the american people and say does anyone know who this is and you would imagine facial recognition would have put those pictures together and they would not need to turn to the american public. >> i fully agree. the fbi should have done a better job on that. they had that on file, the russians warned us and investigating him and not having photos on file -- there is no excuse from that. >> the thing is to learn from these and talk about this and press for better technology. the ngi, the new system they

will have, if you get 50 guessess it let's 1-7 suspects off the hook. have they brought in the facebook folks and said can you help us better the situation or are they locked into a contract? >> the whole contracting system is bad because you can get locked in. but i would hope having stories like this and the recent news stories could be giving them the impidious they need to bury the contract and get the best technology >> after 9/11 one of the excuses was the computers don't talk to each other and we have old computers at the fbi. we need to press for them to have the best technology. peter king thank you. >> here is jenna lee with a quick preview of "happening now." >> brand new evidence of

meditation in the benghazi attack adding more fire to the white house's story. and critics bashing the president for spending more time fu fundraising and ever wonder who is ahead in the office and why? a new study shows that being the nice guy doesn't also pay off except for mr. bill hemmer. >> survey shows? >> that you are a nice guy? we will keep up the facade for you, bill. he is no sully but he is the hero of the day. the pilot who through a pizza party for his stranded

passengers. >> that would make me feel better if i was sitting on the tarmac.

have you heard about our next guest? he is the pilot that took things into his own hand. his passengers were stranded and he had the idea to have 50 pizzas delivered. he is our guest. how did you get this idea? >> well, we are family here at frontier and we take care of each other and consider our passengers an extended part of

our family and once they are on the airplane i will be taking care of them. >> you have been stranded before and didn't order pizza then? >> i guess we were at the right place at the right moment. i knew there was a domino's across the street. >> how did they react when you came on board with pizza? >> people were happy. >> i read they broke out in applause and standing ovation? >> i don't know about the standing ovation but i heard applause. >> you ordered 50 people? >> i told them enough to feed 160 people. >> they had a special? >> yes, otherwise i would not afford it. >> what did it cost you? >> it was worth it whatever it was. >> you don't want to give that up. i respect that. this is better than peanuts,

right? >> definitely better >> when they arrived in denver they got off the plane and said what to you? >> people thanked me. it was nice. i like seeing people walking off the airplane with a smile. >> we hear so many stories about travel nightmares but you turned this one around. >> well, you know, we do our best to take care of our passengers and luckily it worked out this time. >> next time there is a special we are flying with you. >> please come fly frontier. >> you got it. thank you for being on. >> thank you, sir. nice to make people happy. we are minutes away from a new hearing on the irs targeting scandal but this time it isn't on capital hill. a federal judge is going it make a decision looking into a donor in the justice department investigation. how is that going to turn out? lot in return with ink plus from chase.

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martha: you could say a bit of

irony at the running of the bulls. an american who wrote a book how to survive the running of the bulls at pamplona was ford not once but twice. look at him. that attack left bill hillman with serious injuries. they're not life-threatening this can happen at the running of the bills, when huge animals chase you. eric: also known as "outnumbered." see you there in an hour. martha: that's right. bill: i will be very scared. martha: "happening now" starts right now. bye, everybody. jenna: the obama administration's account of benghazi coming under fire again. new evidence emerging that the terrorists who attacked our consulate were no ragtag bunch acting on spur of the moment. hope you're off to a great jay, i'm jenna lee. eric: i'm eric shawn sitting in for jon scott and welcome to this hour of happing now. as you know the administration portrayed the deadly asslt