martha: that's it for us. if lebron wants to announce here he is welcome. please, come over here. bill: have a great weekend, everybody. martha: "happening now" starts right now. see you later. eric: tell us what happened to those emails, now. that is not a request. that is a demand. an order from the federal judge to the internal revenue service happening now. the case of missing lois lerner emails in the tea party targeting scandal is back in court for a second day. now another grassroots watch dog group, dallas based, "true the vote," is suing irs. it wants a forensic expert to determine how lois lerner's emails mysteriously vanished and if any of the data can be recovered. lerner was the director of the irs division that processed tax-exempt status for non-profits. yesterday a federal judge ordered an agent to explain under oath how it lost so many electronic documents.

the irs has 30 days to comply. we'll bring you the very latest as soon as it happens. ♪ eric: but first we're learn more about the lawsuit house speaker john boehner plans to file against president obama as house lawmakers draft a resolution authorizing that move. i'm eric shawn in for jon scott. >> i'm arthel neville in for jenna today. it will focus on changes to obamacare so-called employer mandate. chief congressional correspondent mike emanuel is live on capitol hill with the latest. mike what can you tell us? >> reporter: well, arthel, house leaders say president obama changed the health care law without a vote of congress, effectively creating his own law. after signing the bill into law back in 2009, the president later waived the employer mandate and the penalties for failing to comply with it. republicans say he legislated

without the legislative branch and think make the case, mr. obama does not have that authority. >> this is about the legislative branch that is being disadvantaged by the executive branch. and it is not about executive actions. every president does executive orders. most of them though do them within the law. what we're talking about here are places where the president is basically rewriting law to make it fit his own needs. >> reporter: president obama has joked that congress is going to sue him for doing his job. the president made this reference to the lawsuit yesterday in austin, texas. >> the truth is even with all the actions i've taken this year, i'm issuing executive orders at the lowest rate in more than 100 years. so, it is not clear, you know, how it is that republicans doesn't seem to mind when president bush took more executive actions than i did.

>> reporter: for the lawsuit to go forward the house must pass a bill to authorize it so the house will be suing the president. no surprise the house democratic leader will be a no on that vote. >> even the republicans now to be talking about suing the president, what are we talking about here? let's get to work. we are legislators. they're not a -- legislators. so they're changing the subject all the time. >> reporter: house republicans say there are many examples of executive overreach but they believe the changes to obamacare give them the best chance in the courts. arthel? >> mike emanuel. thanks a lot for that report. eric: for more on this let's bring in nina easton, washington editor and columnist for "fortune" magazine and fox news contributor, and jamie weinstein, senior editor for "the daily caller." nina, will it work? >> i think the courts will decide that but with will work politically in the short term at least that republicans with this

election coming up, they get obamacare back on the plate. they get, back in the headlines because it is kind of receded as major issue, driving force in their prospects taking over the senate. by the way there is this other court case we should be watching in the appellate courts which will also challenge obamacare. ruling coming out on that soon, about whether you can subsidize people in states where there is not pa federal setup. it is just a state exchange. that is another big case to watch. eric: why are these important and why the issue of suing the president over this constitutional prerogatives? why is that important? >> well the question is what can boehner do? boehner see as president he thinks exceeded his authority. there is powers within the house to do something about that. one is impeachment. one is to cut off funds. boehner doesn't think the president's violations have exceeded the high crimes and misdemeanors standard for impeachment. trying to defund obamacare didn't turn out very well last

time. this is what he sees as only route. you ask can it succeed? that is tricky question. in the past, lawsuits brought lawsuits individually in the white us saying it lacks standing. what boehner is trying to do get the congress, house of representatives itself but their own impramatuer behind the lawsuit. that hasn't been done before. eric: jamie, say the house votes on this and passes this. does the president have a point when george w. bush and bill clinton issued more executive orders than he did and they weren't sued. >> might be, that might be a case but that is not actually what boehner is arguing here. he is not arguing the merely the numerical number of executive orders that any president has issued. he is saying, that president obama has changed laws that exceeded his authority, that he has the power to do executive orders but what he has done is beyond that power. and the courts will decide if they take this case whether that

is true or not. eric: nina, it is a constitutional issue. >> i think it is a high wire game for both side because if the house prevails, then the obama, will, obvious his powers will be restricted and be forced into negotiating over obamacare with the house, which is what they really want. but it is also a risk for the republican party because if the courts rule against it, you could end up with more of this so-called imperial presidency that they're really worried about. eric: what about that issue of the imperial presidency? they would argue, nina, i would imagine, these are regulatory fixes that the president is actually not really changing the law. republicans say he certainly is. >> what he has done he made of course, as we know all sorts of exceptions and delays to obamacare. basically to soften the blow. and so, house republicans are arguing that that is not just, that is not just, you know, issuing a, you know, a standard executive order, that is actually rewriting the law.

and again, that is something that the courts will have to decide. it is a big moment. eric: jamie, if the courts do decide with republicans ultimately what does that mean for the future of obamacare but also for the future of our republic? >> it would be a big moment for, as a precedent because they haven't done this before. as i said, individual congressman have sued. they have been thrown out for standing. if the courts allow this case to go forward to side with boehner, that will put more power back into the legislative side. over the last 80 years you've seen the executive get more and more authority. this would be a move to weaken the president's authority and put it back in the legislative court. eric: jamie, i will ask nina the same thing, what do you predict will happen. >> i don't know. i think it's a novel legal theory they're testing here. there is a lost experts say they have no chance. a lot of people said obama care's lawsuit had no chance, it became an inch much being overturned by the supreme court. i don't think this has no chance pass sum suggest. eric: what if this comes to the

supreme court you have john roberts stepping in again? can it get to the supreme court? >> one thing republicans going for them the court moved to restrict powers. we saw a latest court case where recess appointments done in the manner which the president was doing them, defining what a recess was, was not okay. so they do have that going for them and going into this case. eric: nina, jamie, really fascinating constitutional issue. a confrontation between two of the most powerful branches of government. gets back to what the founding fathers had in mind way back when. thank you. >> thank you. >> eric, mounting violence in the middle east. lebanese military says israel fired about 25 rockets into its territory after militants in lebanon fired rockets into towns in northern israel. meanwhile, hamas rockets continue to target major israeli tel aviv.

[siren] you can see people running for cover there as the four-day conflict shows no signs of slowing down, and in southern israel, hamas rocket hit aghast station, setting it on fire, wounding three people. one in serious condition. meanwhile we're getting new video there from the israeli military showing powerful airstrikes in gaza as the death toll mounts there with reports of at least 95 people killed since the start of this latest round of violence. all this as president obama says the u.s. is willing to help negotiate a cease-fire between the two sides. eric: arthel, meanwhile the crisis in ukraine is flaring up yet again. reports say from 19 to 30 ukrainian troops have been killed by the pro-russian separatist it is. that follows a rocket attack on a ukrainian military base near the russian border. the rocket launched near a crossing russia announced it will close.

attacks are becoming more widespread and common as rebel groups try to regain strongholds in the east. ukraine is vowing swift retaliation. >> mitt romney for president in 2016? it is picking up steam. some people say he is their number one draft pick to lead the gop ticket. what does he have to say? this is no movie scene but real life. a grizzly accident involving a visitor on "the pirates of the caribbean ride in florida. we'll show you the video when we come back. what do you think of chance of speaker boehner's lawsuit against president obama will succeed? go to foxnews.com/happeningnow. click on "america's asking" to join the conversation. ...and a choice. take 4 advil in a day which is 2 aleve... ...for all day relief. "start your engines"

eric: right now "happening now," a four-year-old mississippi girl once thought to have been cured of hiv, well they say she is now showing traces of that virus in her blood, that according to doctors. she was born with hiv, treated almost immediately, and hailed last year as the very first person in the world that was thought to have been cured of that virus. tourists losing two fingertips in disney world in florida on the popular "pirates of the caribbean" ride. officials in orlando say it is still unclear exactly what happened. disney inspected the ride and disney says it is safe. pennsylvania department of transportation apologizing after

a big of a big error. they sent 14,000 military draft notification letters to families of men born in the 1890s. they warned the failure to register would be punishable by quote or fine or imprisonment if any were alive. this is one of the notifications by a family member. arthell: former massachusetts governor mitt romney says he has no plans for a 2016 white house run, despite growing calls from prominent supporters and rising poll numbers. chief political correspondent carl cameron is live in washington. carl, do we know who is behind the romney chatter? eric: oh, sure. the buzz isn't going away at all, arthel. he will be asked again and again if he is running and whether he gives a categorical denial or leaves the door open a little bit, there will be questions about this over and over again. here is the pitch for mitt 26. this stuff has been out there a while. romney world has not quashed it

which is important to remember. some are cheering it on. this is utah congressman jason chafe who know the romneys pretty well. listen. >> i don't see an emerging frontrunner at this point. you have to have somebody able to raise a billion dollars an convince the public, majority of the public that he is the right person for the job. if there is a void i think mitt romney jumps into that or gets recruited to jump into that. >> reporter: he is not joking. he is serious. he has been saying it for a while. the and the whispering began last august, almost a year ago, when the republican national committee held a meeting in boston, in the same convention center where romney conceded defeat in 2012. he has been raising his profile significantly and chastising president obama and endorsing republican midterm candidates. he campaign in telling states in iowa, the first caucus state and new hampshire where he has a home and leads the polls. got to feel good for the rom necessary. reflects on the rest of

potential gop contenders. names like rand paul, cruz, perry, rubio, christie, ryan and the rest and no clear frontrunner. already the gop is looking for other options. arthell: if mitt does run, they have to let mitt be mitt. >> reporter: whatever that may mean in 2016. arthell: good point. carl cameron, thank you. >> reporter: you bet. eric: well the cascade of illegal immigrants that are flooding our southern border, well, they are still coming this as the president says he is not calling out the national guard and the wave is not stopping. up next, the attorney general of texas, a candidate for governor, lays out his plan to try and hold the administration accountable for securing our border. the struggle to save homes as wildfires explode out west. firefighters throwing all they can at those flames. >> pretty crazy. this is, this is too close to home. so it has been scary. >> we have quite a few hotshot

crews here that are top guns of the top guns and they're out working hard.

arthell: crews battling rapidly growing wildfires in washington state. the mills canyon fire scorching more than 18,000-acres and forcing the evacuation of nearly a dozen homes. a separate wildfire is burning across 350-acres and forced 25 homes to evacuate. intense heat, wind and dry conditions are fueling the flames. eric: an estimated 35,000 a month flooding our border. you know the immigration crisis continues on our southern border with no signs so far of it even slowing up. as united nations diplomats from u.s., mexico and central american nations meeting in the

nicaragua. the u.n. wants to classify the illegals as legitimate refugees. thousands of immigrant women and unaccompanied children still crossing american border. the state of texas is looking to the feds to pick up the tab for mounting cost in dealing with the growing crisis. attorney general greg abbott, the also running for governor in the lone star state, what do you hope to achieve with the lawsuit and what can that do? >> we want to achieve several things. first of all, as you pointed out this is a federal government responsibility. we have a situation where barack obama has literally turned his back on the state of texas. he was here yesterday. he could have gone down to the border, observed first-hand what was going on, observed first-hand what the need are, and the resources he needs to deploy in the state of texas. because he has turned his back on the state, because he didn't

want a photo-op, because he didn't want to address the problem, the state of texas is having to step up and address the problem ourselves. these are the things -- eric: mr. attorney general, he would say he is not turning his back. he has a multibillion-dollar plan he thinks the republicans won't approve. >> his plan, for one, is all talk and no action. if he really wanted to do anything he could have responded to my initial request that was sent to his office more an month ago. i made a request to have the homeland security secretary provide to the state of texas the manpower we need on the border. and we have heard absolutely nothing in response. nothing more than talk from the obama administration. eric, what needs to be done is quite very simple. one, we need more boots on the ground. two, we need more effective enforcement. three, we're asking for the national guard to come in. four, they must go through the process of what barack obama has promised, but has failed to fulfill and that is, the

expeditious repatriation of these children. eric: why wouldn't the obama administration take actions we demand? >> because we believe that the administration is showing they really just don't care. what they're not realizing the catastrophe this is providing for all of the other children who are going to be trafficked into the united states, going through harm's way along the way. the way that crime is going to increase because of it. you know, eric, there was a report yesterday that during the obama administration, there have been 600,000 people who have come into the united states illegally, who have committed crimes since they have been here, and on top of that, there is an increase in the number of people coming from syria, afghanistan, and other nations that have ties to terrorism. eric: you talk about crime and ties to terrorism potentially. there is a report that there were 16 young ms-13 gang members who were at one processing center in arizona. there is also other reports an

fears, you see these pictures of the, heart-breaking pictures of the kids. there are also fears potentially criminals in these gangs using them. had let me read to you an editorial from the investors business daily. quote, border patrol sources say some of thousands of children are enforcers, that is ms of 13. no one benefits more than open door policies from illegals. those are gangs that profit from the misery and threat to the u.s. ground zero is el salavador which shipped as much of a they had of its population to the u.s. and relies on their remittances for 16% of the nation's gdp. democrats dangle amnesty to illegals here. it is enabling very gangs whose strength grows with every illegal border crossing. mr. attorney general, has there been any evidence yet that he now of there are criminals and gang members in these groups and

this is something law enforcement authorities are investigating? >> the answer is absolutely yes. there have been reports in texas of this very dangerous, probably the most dangerous international gang there is, ms-13, where ms-13 members come in across the border who claim to be under the age of 18. they walk right up to border patrol agents and border patrol agents can tell by tatoos and other identifying information that they are ms-13 gang members. they have to let them go into this processing process. and as a result, they're being able to come in, across the border, illegally, but maintain now, presence here in the united states. and so, you need to understand, this is something that is not localized to the state of texas. the largest gathering area for ms-13 is actually around the washington, d.c. area within about a 100-mile radius of washington, d.c. this is very, very dangerous. it is a game that is being trump

under up by cartels importing ms-13 and other gang members into the united states. that's why we're saying that barack obama is causing imminent harm and danger to the people in this country by turning his back on the border catastrophe that we're dealing with that he himself labeled as a crisis. eric: well if these gang members are in, if they are gang members, they go through the process, get a ticket, supposed to show up for immigration hearing at some point? what are the chances of that? >> well the chances are, if you look at the numbers, about a third of those people don't show up. and you can probably figure out that among the a third of the people who never show up will be the ms-13 type gang members who are not going to show up. that is why it is known as permiso. they come to the united states. they get a permiso, they chon view to travel about the country wait for the hearing many of whom never show up to the hearing. as a result they will live per

petally here in the united states in a way that is illegal. eric: that is certainly troubling. the vast majority are of course innocent children trying to escape poverty and crime in thntries and women. mr. attorney general, you've been down there. the president didn't see it for himself. but you have. finally, what is it like and what is the solution? >> for one it is stunning. i've been both in mcallen, the largest area where people are coming across the border. i've been at lack lund air force base in san antonio, a location which they are moved. it is nothing short of stunning. the president would have been moved had he seen the large number of people. eric, sometimes there are far more than 1,000 people apprehended each and every day. we're dealing with a large number of people. the solution is very simple. the united states has a fundamental obligation imprinted in the constitution itself to protect and secure our border. 9 united states of america must step up and do its

responsibility. and start the process, by one, deploying the national guard on our border. two, adding more boots on the ground through border patrol. three, providing the resources we need to expedite the hearing process for the people who have come here in unauthorized way. and four, give us resources we need to better deal with the growing criminal threat, growing potential terrorism threat because of the people who are coming across the border. eric: well it is stunning and it is apparently overwhelming. attorney general greg abbott of texas, we thank you for joining us today on the fox news channel. >> thank you, eric. arthell: eric, as a u.s. marine faces at least another month in a mexican jail why his attorney is now saying officials handling the case have crossed the line. plus this. [siren] with hundreds of hamas rock raining down on major cities across israel, how are the media treating israel's response to the violence?

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an american marine locked away in a mexican jail will go back to court in three weeks. after sergeant andrew tahmooress's first appearance in court his lawyer is claiming he

is a victim of civil rights violation. adam is here. what is the deal? >> he is trying to get the case dismissed on that front. that is the main crux of the case. he is saying the sergeant called over the mexican authorities and it should have been dealt with in an much different way. for seven-eight hours he was detained with no access to attorneys and there is 11 pages of missing documents and some of the documents have the wrong date on them. there is a lot of questions according to his attorney that have to do with him maybe having his rights violated. he did talk to fox about the case and how the courtroom went yesterday. take a listen to the clip. >> we had no experience in navigating the streets that would take him into mexico. i believe his story and i think that the judge will believe it to as soon as we support it with

more evidence but it is going in that direction definitely. >> that was andrew tahmooress' attorney and he said that yesterday the district attorney in mexico had taken the angle that he had knew mexico and been there before and how could anybody get lost if they have been down there. but anybody who has been down there knows that border is a delicate crossing. he is back in court on august 4th. the cases are different there. they are handled in segments unlike being a big case here at all one time. >> adam, you are in los angeles, i have been to san diego and you know how easy it is to cross the

border from san diego to mexico. >> when you go in there is an outlet mall on the last exit and there have been a couple calls when i have a phone call and you can miss that turn and if you do you have to get all the way across the lanes to do a u-turn on the left side. it can happen. how many times have you missed a tu turnoff into the united states? it isn't out of the likelihood this happens. >> good to see you, adam. thank you so much. spying allegations against our country straining our relations with germany. first it was us listening to the cellphone calls but now they will meet with john kerry to discuss the claims. this is comes as the station

chief of germany is being ordered to leave the country. greg has more from the london bureau. >> reporter: it is a major rift with an important ally. it started last friday after it was revealed their equivalent of the cia was telling secrets to the united states and then their defense administer was said to be telling secrets to and they now they are demanding the usa station chief for what one is calling a breach of trust. with so many problems it is a waste of energy to spy on one's allies. this isn't the first problem with spying.

it came out from snowden that we were doing a lot of spying. with a nazi past of germany they are especially sensitive to private issues. we spoke with the us embassy in berlin. they are trying patch it up a bit saying the security relationship with germany is very important and germany making nice to some degree saying a relationship to the united states and quote without alternative but they want it to be honest. by the way, eric, that meeting kerry and his counterpart is happening thon sidelines of an important meeting on the iran nuclear issues. a sign of how many key

collaborations the u.s. and germany are involved with and what is at risk. >> the deadline with iran and the nukes coming up on july 20th. israel responding to fire from lebanon and hamas is stepping up the attacks putting millions in harms way. and as the violence shows no sign of slowing down how is the media treating israel's response this? let's talk with judy who is here. i want to talk about who you believe has the coverage skewed and what particular media outlet that might be and why you can they took on that position? >> i think the israelis are upset about the coverage in the

most influential american newspaper and that is tnew york times. there is a write about israel coping with right ring extremism that is plagued to the palestinian 16-year-old kidnapping and murder. the story didn't pay attention to the context which was the palestinian adolescent was k kidnapped and murdered after three students were taken, kidnapped and killed. and the kidnapping was the palestinian response to that. so what is often missing in the context of this crisis is the context. the israelis were very upset. ron processor played for the u.n.security council an air raid

cycle. so they could understand what it means to hear 15 or 90 seconds to seek shelter. yet the coverage doesn't reflect israel's extraordinary patient with the firing of rockets. the israelis are upset with the coverage. there is a bias within the american press against israel. it is more a bias that requires israel to hold itself to a higher standard because israel claims, too. and by and large the israelis do behave better than the hamas which is a terrorist organization so americans expect more of israelis. >> is that fair, though, when you put a legitimate

administration up against a terrorist organization? >> i think you have to continue to tell the american people about what is is not the same. the fact that the israelis don't embed terrorist and rocket launches within the civilian situation. if more people in gaza are being killed it is because the palestinians deliberately put their own people at risk. >> you are just not justifying kill of any people. >> no, but the context is crucial in the fight. >> let's talk about the administration and how you see them or the president and his folks handling this and their support of israel. >> normally the israelis believe the president hasn't been

sympathetic and asked the palestinians what they have been asked to do: make the concessions. but in this instance, i think the white house has stood up and said people have a right to defend their homes and tear and have a right to fight back. it will get dicy if israel deci decides to send in land troops to clean out the rocket launches. that would be a long and bloody adventure and elicit criticism from the administration. >> the prime minister is saying he is not concern said about international opinion and he is going to protect his country. >> right. he has to do that and has the support of the israeli people along with him.

with whom is the president going to mediate with? he cannot talk to hamas. >> because our president said he is will to negotiate seize fire between the sides. it is a tough situation. >> a third of the intense exchanges in the past five years. >> have to go but thanks for your perspective. you have probably heard the ads for minimumally invasive surgery. they are said to be safer but why are so many hospitals not doing it? 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. clear protein drink and high protein.

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the big bang show outnumbered is coming up at the top of the hour. >> house minority leader nancy pelosi has a warning for the nation: fear the supreme court. why women should be afraid after

the hobby lobby ruling she said. >> there is new outrage over a class that teaches women football. >> and a new app let's you track your partners every move including text message and facebook updates. is this the worst idea now? >> we will be here at the top of the hour. >> if they are doing a football class i demand a baseball class. >> i like that. >> that sounds like more fun. >> i look football, too. i am guessing if they are showing cuff links it is ed henry. health care cost are rising every day and one of the most costly services is surgery as you well known. there is a study showing that minimally invasive surgery, a less expensive and complicated

option, isn't being used as much as it could be. our next guest is one of the study researcher of the study. author of "uncountable" and a physician is here with us. doctor, talk about the kind of surgeries. what kinds? >> interesting we looked at the study and hysterectomy, appendix removal, and other surgeries. when ben rother had his appendix removed he was back on the field in 25 days. there have been 25 studies showing fewer complications,

lessing infections, quicker recovery and less medication. not enough people are getting the surgeries even though they are candidates. >> you mentioned the hysterectomy. they had to do -- well they had cut your muscles but it was a long recovery. but a lot of is that now. and why are the procedures underused? is it about insurance? >> it is important to note not everybody is a candidate and we need good surgeons that are good in open, traditional surgery. but in the study patients are being cut open and having the open traditional surgery as many as 30-50 percent of the time. >> but where is the why?

why is this happening? i am running short on time. >> we have a culture in medicine and do things a concern way. certainly hospitals are friendly to minimumly invasive surgeries. >> as a patient can you request those surgeries? >> chute absolutely. patients should inquire about the option and ask if their hospital has experience with it. have you hurt about this case? a baby that has been missing for five years. the baby's mother was convicted. today she is walking free and we will have the latest next. here is perfect day for the true weekend warrior. hope you don't have to park it. can you imagine having a military tank? it could be yours. would you pull up in front of costco with that? costco with that? you to

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>> an update on baby gabriella. you might be remember the 8 month old to vanished in texas in 2009. this mother who was convicted walked out of court. elizabeth johnson swore she gave the baby to a couple in texas. but detectives said earlier she told the father she killed the baby and dumped him in a trash can. the jury dead locked and convicted her on lesser charges. who would want to drive a

tank? now you have the option. claudia has more. >> reporter: tanks dating from world war one to the persian war and have all a set of stories to tell. this tank and hundreds of others are on the move. housed on a private ranch south of san francisco the relics have been rarely seen by the public and might not have been lost forever if it were not for this collector. >> he observed at the end of the cold war it was a unique time in history to preserve them because they are usually melted down and turned into other armorment. >> reporter: 80 of the most hysthi hist historic vehicles are moving to a human outside of boston and they will reenact bottles and

engage a new generation of americans. >> it is so much more impressive to see the vehicle in motion as we have been doing today and feeling the earth shake underneath your feet than to just see it sitting in a museum. >> reporter: and the rest of the rolling armor, about 114 vehicles, will be auctioned off tomorrow at $10,000 to well over a $1 million. they are hoping to get $2.4 million for the german one right here. >> would you go down the street and get tacos in it for me? >> i will do it for you, eric. >> what did one tabloid say about george clooney's fiance? we will review the details.

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eric: see you back here in an hour. arthell: "outnumbered" starts right now.

who is the lucky guy? >> this is "outnumbered." i'm sandra smith. here today, harris faulkner, jedediah bila, kirsten powers. #oneluckyguy, fox business's charles payne and he is outnumbered. >> good to see you. >> we're excited to have you. >> so am i. >> are you geared up for this. >> i think so. i was going to wear knee pads on underneath it and a helmet. >> i saw your twitter feed. >> you did? >> yeah, i did. >> i worked with charles for a few years now and i know how to get him going. so -- >> she knows all my hot buttons. all of them. >> can't wait. >> see you in court. house speaker john boehner outlining his legal strategy in his lawsuit against president obama saying it will focus on president picking and choosing when he enforces parts of