they going to grope me and charles pa yne. wonderful to have you. >> i hope you have me back. >> happening now starts right now. great weekend everybody. breaking news on three developing story. israeli air strikes hitting the heart of hams and the terrorist group fighting back with missiles of its own. and we'll have the latest on the deadly battle as israel trying to defend itself. >> and a blurry cell phone video, a co piece of evidence that could lead to a murder conviction after a woman was boaten to death. lebron james and his decision to go home. >> but first, tell us what happened to the e-mails and do it now? and a federal judge giving the irs. and what would happen to the

e-mails and six other officials tied to the targeting of conservative groups as one congressman files a resolution asking for learner's arrest. >> and i am eric shaun in for jon scott. >> no other groups and they are getting their day in court. taking the irs on a hearing that adjourned moments ago. and it was aimed to get a forensic expert to scour the servers to try to find the vanished emails before anything that could be incriminating is lo lost forever. >> reporter: i just spoke to our producer in the courtroom. she said that the judge wants to know what happened to lois lerner's hard drive and wants it

in a sworn affidavit and he will consider it and have more on it next week. that is the cliff notes version. this is all about the suit against the irs. they found themselves multiple inquiries and a lot of scrutiny. and investigated by the fbi and a tf and ocea. and in today's hearing, thorough the vote is producing a motion to prevent destruction of the e-mails. thorough to vote is expected to ask for a forensic expert to investigate how the e-mails were lost and examine whether that data can be recovered. you heard about the judge's ruling and the judge is important. he is reggie walton and no nonsense bush appointee. and our producer on the scone said he did not give it an inch to either side.

he asked specific questions of the lawyers and true the votes lawyer is cleda mitchell and she said in fact that the irs statutory required preserve the records and publicly claimed they have been lost is evidence of bad faith. and went on to cite the u.s. code and makes it a federal crime to obstruct the congressional proceedings. >> there is a separate watch by judicial watch and the federal judge order ared the tax anxious to explain how it lost the e-mails from lois lerner. they have a month to submit the explanation in writing. >> he took the step of appointing a magistrate to super vise and help the parties to come up with a solution to recovery the records. given judicial watch has litigation second to none and this rarely happens.

>> reporter: we are told that the head of true the vote will be speaking in the microphones after the hearings and we expect to hear that and the lawyers as well. >> we'll bring that to you when it happens. the big question in washington is a cover up or bureaucratic incompetence. whether the officials are dodging the questions to avoid the charges or recover the e-mails. house speaker boehner laying out the lawsuit against president obama focusing on the legislation. and how the speaker said those executive actions were beyond the bounds of the president's office and what the founders intended. video you are looking at now is the house speaker with house minority speaker nancy pelosi in a job signing event. we'll have to see how successful the speaker's strategy is and if

he can go through the suit next wednesday with a hearing with the house rules committee. overseas, it is battle between israel and hams is growing. there is video of bombs hitting weapon ca ches overnight. and the palestinian officials say 90 people have been killed. the hams terrorist are firing hundreds of rockets at israel and defense officials say they may be launching attacks from the north in lebanon. david miller has the latest on the conflict. hi, david lee. >> reporter: eric it is dusky on the israeli and gaza border. the violence and escalation is not ended. during the last few minutes we saw a number of rockets fired from gaza into israel. today alone militants fired at least 100 rockets, many of them

medium to longer range. hams said they are trying to target the airport. that is israel's main airport and issued a warning to airline not to find sdpoo into bengurion because that airport is now a target. the airport decided to alter the flight paths of a number of aircraft. and as for the iron dome missile defense system, the israelis haveap eighth badery and the system is 90 percent effective. but it is not completely able to stop all rockets from reaching their targets and one hit a gas station in southern israel and one person was hurt. and an anti- tank missile fls fired at israel forces and hams took credit for that and there are reports of two israelis

lightly wounded and in israel it continues the air strikes since the conflict began. 1200 air strikes and 230 today alone, and the prime minister spoke and said when it comes to a ground operation he will consider all options and he's not going to let international pressure stop him from taking whatever actions necessary targeting militants and meanwhile regarding israeli action in gaza 103 palestinians have now died in this conflict. 13 of them today, and almost all of them are civilians and the israel navy opened fire on fishing vessels and that resulted in a massive blaze taking place. days ago, a number of hams militants tried to infiltrate israel by way of the mediterranean sea. and eric as you mentioned on the

onset 200 miles from where i am standing is the northern board of lebanon and southern lebanon hesbollah controlled territory two rockets were fired in israel. there were no injuries and israel returned fire with 25 artillery shells and said don't repeat the action. it is not clear if what happened in the north is a escalation, or perhaps an act of solidarity by few independent operator in the north. hesbollah, not taking responsibility for that. and beforewe go, eric. there was a rocket strike in gaza city. you can soine though the sun is setting, a large plume of black smoke and we have sewn half dozen air strikes taking place

and also seen twice that many rocket launchers fired by the militants. it is dusk and now the fighting continues in to the evening, back to you. >> david lee, the night does not bring an end to this. >> we have to sort out the escalating. michael singh, managing director of the washington snout. michael, you just heard david lee miller report the statement of netanyahu an hour ago, saying that international pressure will not stop israel from acting against militants and you saw behind david lee, the air strike and plume of smoke. is there anything that can be done to stop the momentum of war? >> arthel, remember that the last time there was this kind of conflict between hams and israel in 2012.

that operation lasted eight days and in 2008 israel went in on the ground and that operation lasted three weeks. this is four days and may have several days or weeks to go. and the key thing that rocket fire from hamas is indiscriminate and targeting civilian. and hama s is embedding themselves in the civilian. >> if you look at culpability. >> and hama s is a terrorist group and embedding themselves among the palestinian and putting civilians at risk as well. and important not to ignore the regional dimension. the rockets and missiles are

coming from somewhere, places like iowa ran and through countries like the sudan and important not to lose site of the bigger picture. israel doesn't want to see civilian casulties and the united states doesn't want to see civilian casulties. >> you are right. i moan, there are so many sides and you can't say it is just two sides here. and i am not laying blame on anybody. don't tweet me just for the record. talk about the u.s., what can the u.s. do to assist or support israel? >> one more thing on the cupability, without the rocket fire there is no conflict. rocket fire was going on a long time before israel responded and keep a strong focus on these are terrorist tactics that ha mas is using. and the united states faces

a similar challenge as israel. and there is a lot of kopgz between united states and israel to do that. and the united states has kept the strong focus on the need to deescalation and facing a lot of pressure on the the palestinians and ha mas to make sure the rocket fire stops for the good of both sides. >> when you talk about putting the pressure. what form is that? >> it comes a number of way. the united states and israel cooperate on the pressure. and behind the scenes, the u.s. will talk to israelis what are the objectives and how long will it last and men myselfing the civilian casulties. and there is a number of tools and methods to bring about quick and positive results. >> your heart breaks when you see the civilians running for cover.

and they point out in israel an administration versus a terrorist organization in hams. and the difficult rules they play by. >> that's right. >> michael, i have to go and thank you for being here and we'll so you again. >> thank you, arthel. back here at the home. sports illustrated made the announcement that the king is going home. lebron james opting out of the contract with the miami heat and returning to the cleave clove cavaliars. and he always would return to cleveland and finish his career there. and calls the relationship with the home state bigger than basketball. it gets the republican national convention and also lebron. >> i called. it he's going home and i guarantee you it is going to happen. he will get a yeah, yeah or

something. >> the tv people can't do it. >> the tv people can't hear you. okay, thank you. and we move on now. and we have brand new details on who might have been exposed to one of the most deadly bacteria on earth. what the cvc director is revealing and we have's full report on that next. plus russian vladimar putin is 90 miles away from the u.s. and what is he doing. >> and speaker boehner and versus obama. and what are the chances of his lawsuit against president obama succeeding? go to fox news.com and/happening now and america's asking to join the conversation. at humana, we believe if healthcare changes, if frustration and paperwork decrease... the gap begins to close.

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>> stoking the ukraine cries. vladimar putin is dpeth a warm welcome 90 miles from our shores. the russian president is in havana, cuba. he plans to meet with the elderly castro brothers and putin is bringing the communist nation good news and announced he is forgiving 32 billion worth of cuba's debt to russia. >> centers for disease control. wrapping up a press conference and over the mishandling of live anthrax and leading to 75

scientist exposed to the deadly bacteria. senior national correspondent john roberts with details from atlanta. >> reporter: we learn that live anthrax bacteria sent from a high security lab to lower security labs and dangerous bird flu. h5 n1was unknowingly sent to an outside lab in the department of agriculture. it happen six weeks ago and the cvc director tom freedman only heard about it this week. safety protocols were not followed and dr. friedan is visibly upset. >> our laboratories are core in our ability to protect americans and we are the reason we are the gold standard and so i am upset and angry and lost sleep over it and working around the clock to make sure we do everything

possible to resolve. >> reporter: as a result the centers for disease control is taking action on the pathogens. and the bioterror rapid response lab where the anthrax came from is closed until further notice and the flu lab, they will review and rewrite safety protocols and disciplined staff if they knowingly violated the protocols. no one got sick. but it is a black eye from the centers for disease control since there are four similar incidents occurring over the last decade and closing the high level bioterror labs and flu lab will not help us keep safe. >> and rescue of mammoth

porportions and a giant whale, how they tried to get it back in the ocean. >> if lois lerner will not talk e-mails will consider for her that is if anyone can find them and will there be answers from the irs? >> there is a pattern of deception and consolement on the part of lois lerner and the irs consistently with the administration and irs showed contempt for congress. my mother made the best toffee in the world.

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that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. rescue crews in australia rescuing a humpback whale after it was stranded on the beach two days. the hardest part was keeping the

humpback breathing on his own. >> it is great for everyone. it was just outcome. >> keeping the physical level up. and it has been out of the water and we are cautiously optimistic it will be okay. >> meanwhile experts say 20,000 whales migrate on the a ussie coast and there may be more situations like this one. the irs, the agency has been given less than a month to come up with a response to the missing lois lerner e-mails may be. and even though experts are trying to find the answer. critics say the agencies playing games and they protect those who are to blame. >> it is a pattern of

consolement and it is like a game, unless you ask me the right question we'll not worry it. >> the agency handed over 70,000 e-mails. will those missing ever show up. david, a writer for u.s. nows and world report. it is set at august 10th. what do you think will happen? >> there are two parts. the judge has to lay out how the e-mails were lost and the irs put forth an excuse. the hard drive went down and lerner tried to contact the tech folk and they were not able to do so. and the first part. do we really know? do we think that the irs will say something different than

before? i don't think so. the second part. the judge is ordering the irs to work with another judge to see if they can be recovered. that is the question here. is there a technical way? is there some type of a way to recover the e-mails that were lost? that is a technical question rather than a legal one. >> with all of the technology today, critics are skeptical. and they call the it and geek squad, get e-mails back somehow and turns out there was a contract with an outside company to se these. why is it so crucial that they are missing especially for that period of 2009 and 2011 when they were targeting political conservative groups? >> they are going to validate what the irs is saying, there is no smoke here and the republicans are just you know, going down a rat hole to polit

sideways, but frankly because of what we found in lerner's e-mails it is almost irrelevant. we know that lerner told her employees, look congress is interested in our. e-mails and maybe we should go to an instant messaging system. regardless of what you believe what happened proir and if the irs is targeting or what not. even if you don't believe. that the head of the agency that most americans don't trust asks for permission can we go off of the books and find another way to communicate, because congress is interested in my e-mails? shouldn't she be accountable to congress. >> she's not talking and taking

the fifth. and you hit the final point, she has e-mails saying we have to be cautious. they are communicating other ways and that would suggest that they are trying to cover something up and they don't congress to know and if you don't want congress to know, you don't want the american people to know what is going on in closed doors. >> the e-mail regarding the instant messaging system is more of a smoking gun. because it indicates that she did not want congress looking at her e-mails. why not? that's the question. we don't know yet. and that's why it is important for the technical guys to get in here on the judge's order to so if there is any way to retrieve 20,000 or so e-mails that went ether. >> thank you for the insight today. arthel in a nowly wed's

brutalby boating caught on cell phone cameras can make a case for a grieving family for getting closure? >> kim being gone devastating our family and to this day, we talk about her and share her memories. >> our legal panel will look at the case of the woman's tragic murder and find out how that video could put her alleged killers behind bars. will car has the latest on the immigration crisis. >> reporter: the real story is what federal authorities is not showing you. i will have the details coming up.

right now, the wave of illegal immigrants is continuing to flow in the southern border states. the board patrol will stop flights to disperse them to one major u.s. city. for now, as the back lash continue from protestors who don't want the groups dumped on their doorstep. will, what is the latest from there? >> reporter: the border patrol said the reason they stopped the flight. the back logeased in texas. and they say it has nothing to

do with the protest that we saw in mureta and put the city in the spot light when protestors got out in the streets and physically stopped buses. they ended up turning around and loving the community. mureta is only one of the examples that we so and they are filled with children and families from central america. administration leaders said it is costing a thousand dollars a bed. in oklahoma, federal authorities gave a tour of fort sill that is housing a thousand children. but there were no recording devices and journalist could not talk to the kids. and a similar tour in new mexico and we heard from dhs security jay johnson. >> this facility, which was opened as a detention facility on june 27th, represents the proof that we intend to and we

will send people back. >> reporter: secretary johnson continues that tour right now. president obama is continuing to ask congress with 3.7 billion for the crisis and he decided not to tour the border in the recent tour to texas. >> hopefully congress will move quickly with a piece of legislation that will fund border security properly. but even if they don't, the president has the ability to get on the phone and call the dod, and tell them to deploy those national guard troops. >> reporter: back here in mureta, the headline of the local paper, churches assisting migrants is a story we broke on tuesday. several catholic churches took in 75 immigrants and house them for the rest of the month, arthel. >> thank you, will carr.

the media is taking drastic measures. 40 journalism troops sent an angry letter to the white house. it accused the obama administration of suppressing news and information. what is behind this? here is the host of media buzz seen 11:00. howard, that is a strong statement. i thought it was supposed to be the most transparent administration in history. they boasted of that. >> the white house has taken steps to transparency and eric, it is a strongly worded letter from the journalism and using words like censorship. it is with the federal department of agencies where much of the work gets done and charges that reporters are having difficulty getting access to the knowledgeable staff

members who tell what is going on. as opposed with political flacks and appointees. 40 percent of the government pr vokes admit they have blocked certain reporters because they don't like what they have written. >> this is my request july 2010 to the state department. i sent this in and i want still waiting. is this the other way they stiff on the media? >> the administration reduced the backlog on freedom of information but i guess they haven't gotten to yours, eric? some of the problems existed in previous administration but they are so much worse in the vow of journali journalist, that they wrote directly to the president and urged him to take action. >> you said the white house is taking action. they had a media tour in the centers in the border.

you can't take photos and people are not allowed n. what does that say? >> and news photographers are exclude and only thing you see is official photos taken by white house photos and that is propaganda is not news. nlebron james saying he is leaving miami to go to cleveland, and boy, four years after he created the espn extravaganza. he tied the media in knots again. and a guessing game. he's going or not going. and gives the exclusive for sports illustrated. he can take it to whatever he wants and he has an inflated vow of himself. the media enables him and it is good for ratings and circulation.

>> and filling those seats in the cavs game. >> we'll so you on the fox news channel. arthel? >> a high profile murder trial under way involving two women here. they are accused of beating another woman to death outside of the night club. and the case is coming down to grainy cell phone video. how both sides are using the evidence to bolster their cases. ugh. heartburn.

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>> hi, everyone. it broke here yesterday that the irs must give sworn testimony on exactly what happened to the missing lois lerner e-mails. and today, the irs is back in court again and we'll have the latest details. plus, a beautiful girl. savannah has a brain tumor and the insurance company would not pay for the life saving surgery and today a good news exclusive

update on the top of the hour. ngretchen, we'll be watching you. right now a murder trial unway for two california women charged with the beating death of another woman. prosecutor and defense attorney showing the blurry cell phone video of the brawl there which resulted in the death of a 23 year old newlywed. but the video doesn't tell the whole story. >> they don't have the beginning of the video. and we don't know what happened. but whatever it shoes, that's all we get. we don't know if she started it. kim being gone is devastating our family, to this day, we still talk about her and share her memories. >> here to talk about it. former federal prosecutor. ashley merchant and criminal defense attorney. good to so you. >> thanks for having me. >> it looks like the verdict

will hinge on a cell phone video if it comes to that. fred, how much would the jury need to see for the video to work in the prosecutor's favor? >> i have watched the video a couple of times and it showed a viulent beating and it is helpful, but it looks like an old fashioned melee. we have to understand. it may have been started in self defense and the victim may have started the fight. and when it goes from self deputies to murder it is an instant. if she is getting kicked in the head that is murder. >> pick it up. grainy or not the video shoes the two girls dumping and kicking the victim. what is the defense's case. and will self defense be a tough sale? i think it is important that the

defendants take the stand and they need to verbalize and put in their open words how they were in fear for their life. and not necessarily lost it but in the heat of the moment, because what the state needs to prove there was a break. and after they initiated self defense they had an opportunity to walk away. there was a break in the action and they have to say there was no break in the action and we believed we were in danger and this force was necessary to protect ourselves and there was no break or time to reflect and say you upon what, i need to stop. the danger is gone and i need to back away. it is important to testify and whether or not the jury believes them. >> even if the victim threw the first punch, what are the prosecution, up withs the victim is on the ground. go back to that if you could. >> once the victim is on the

ground. ashley is right. they have to take the witness stand. and ashley is right. the state in order to establish self defense they have to establish they couldn't retreat. it was an outside fight and people standing around and they could have stepped behind women and walked away and they are going to have to take the witness stand. but the video will undermoin everything they show. it is one thing to get in the fight. but once that victim gets down on the the ground there is no danger to the women and they continue to hit her in the head. and under that instance, there is murder in whatever the charge was. >> ashley as these girls take the stand, where is it heading and what can they say to convince the jury that they felt like they were in danger and it was something they had to do? >> they need the jury to understand and believe their

fear. and as fred said, it is going to depend which blow caused the death. if they were not in danger and could have retreated and continued to kick. we don't know if that caused the death. and the me can't say which blow caused the death. it may have happen before they retreat in this case. >> it would be a better defense. to argue that you are in foreof your life as you are standing over there and kicking then is a tough sale. and ashley said yeah, we did that but you can't establish beyond a reasonable doubt those kicks killed the woman. >> thanks to about this of you. >> enjoy your weekend. >> and thank you. >> you heard about george clooney, sticking up for his fiance, and his potential

mother-in-law. he a cowses's newspaper of lying and what that tabloid did to make the star speak out.

...

>> the justice department investigating the florida prison system. listening in to at least ten suspicious inmate deaths that involve guards and claims of whistle-blower intimidation and more. we go live to miami for the latest. hey, phil. >> the accusations of what's been happening in florida prisons if true smack of sadistic torture, murder and coverups going all of the way to the governors inspector general. right now the florida department

of law enforcement is investigating ten suspicious inmate deaths across the state. four prisons investigators filed a whistle-blower lawsuit. inmates say two guards beat a man and turned on scalding on hot water and left him to die there. another dead inmate, ronald johnson, died after they say he was murdered. gassed repeatedly by guards in his cell. >> they don't treat them like they're human. for them to view people that way, they don't even do dogs like that because in cold blood they killed my child. >> ten suspicious deaths and not one guard has been fired or charged with a crime. florida'slly broke his silence yesterday

suspending one warden but denying systemic corruption. >> this type of conduct and this type of behavior and this type of actions we're not going to tolerate in this department. we are going to find those bad seeds and we're going to eliminate them. >> right now the aclu and several church organizations and human rights groups are calling for the department of justice to come to florida and take over for the state because in numerous cases here witnesses were not even interviewed and key evidence was not preserved. >> all right. thanks a lot. george clooney update. rejecting london tabloid apology for a recent story about his fiance. we have 411. >> i love your this just in animation. i wasn't going to acknowledge

it. >> george clooney is not forgiving or forgetting, guys. the former hollywood bachelor is not only coming to the defense of his fiance, he's not accepting any apologies from anyone who wrongs her. case in point. the daily mail. the british tabloid which falsely wrote a story claiming the mother of his fiance opposed their marriage due to differing religions. in a half hearted apology wednesday, the british tabloid denied the story was fabricated but wrote we accept mr. clooney's assurance that the story is inaccurate and we apologize. clooney rejected the apology in "usa today" and says what separates this is now by their own admission it can be proven to be a lie. in fact, a premeditated lie. i thank the mail for its apology not that i would accept it but in doing so they exposed themselves as the worst kind of tabloid. another tragedy surrounding a

star at the hit tv musical "glee." the boyfriend of a star on the show has been found dead. his body was found in a philadelphia hotel room yesterday afternoon. so far no word on a cause of death. according to tmz, police say no drugs or alcohol were found. the 35-year-old owned several nightclubs around the world and was in philly with tobin. the death comes just a couple days before the one-year anniversary of the death of cory nearly one year ago. >> thank you. coming up, a u.s. marine facing more time in a mexican prison after making his initial court appearance on gun charges this week. but now his attorney accusing mexico of violating that marine's rights. all the latest concerning sergeant andrew tahmooressi.

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they are almost there. the final world cup just days away. germany will take on argentina this weekend. today some zookeepers in germany used their cats to try to predict the winner. the result was deemed a fix because those little cats quickly went to their home country's ball. later on they tried again and the mob went to argentina's ball and look what happened when when did it again. the lions. unfortunately the lions couldn't decide. the world cup final is this sunday at 4:00 p.m. maybe germans should have put out punxsutawney phil. >> seriously? i'm done for the day. i'll see you tomorrow. both of us, right? >> yeah. >> i think that's a good idea. by the way, that will do it for us. gretchen is up. she's got a great show lined up. we'll see you saturday, sunday

and we'll see you later. have great weekend. "the real story" with gretchen carlson starts right now. >> take care. thanks, guys. fox news alert, late breaking news on the legal push to find lois lerner's lost e-mails. a federal judge says he wants to know what happened to her hard drive. at the same hearing the group true the vote asked the irs let a forensic expert investigate how the e-mails were lost and examine if any of them can be recovered. hi, everyone. i'm gretchen carlson. welcome to "the real story" for a friday. it's a big news day. those missing lois lerner e-mails leading to irs having to go on the record and under oath because remember yesterday another federal judge telling the tax agency it has just 30 days to explain in writing how nearly two years of correspondence simply disappeared. joining me now is a republican congressman from louisiana. great to see you, congress