>> i want germany to win. >> be sure to follow us on twitter. that's it for this week's show. my thanks to my panel. hope to see you right here next week. israel escalates its offensive on hamas. welcome to america's news headquarters. good to see you. >> well, this comes as all 15 members of the united nations security council have come together to ask for a cease

fire. israel's military trying to halt the barrage of rockets from hamas. and it's believed that hamas has an arsenal of more than 10,000 missiles to try to kill israelis. john huddy is on the ground there. >> in terms of the barrage of rockets, reports that there was one fired to tel aviv. and we've seen rockets fired from the vicinity of our location, headed north, fired obviously at israel. and within the last few minutes, heavy air strikes hitting with such force that the building

we're in shook heavy. most likely, they were hamas targets, but i don't know that for sure. after the impact, we saw smoke and heard screaming. we saw a similar scene earlier today. we went to the main hospital in gaza city. right after an air strike, it was a chaotic and frenzied scene. civilian vehicles coming into the entrance, some of them slamming into each other as the injured were pulled out. so far, 125 palestinians killed here in gaza. more than 1,000 injured. and that's likely increasing as we speak. we continue to get new video from the air strikes which have

been continuous over the course of the afternoon and evening here. rocket fire also being launched. and the israeli air force countering. and we've also heard what sounds like heavy artillery being fired. and from the time we've been here, and certainly since it began on monday, it's most likely going to continue, and a long night ahead. as i hear yet another jet fighter coming in. >> those are israeli war planes, you think? >> yeah, fighters. they've been circling. the air strikes we heard, they get close. and you hear the missile come firing into the area.

impact, explosion, the force shaking the area and the screams in the distance. the air strikes have been very, very close and the sound of the engines has been constant. and the humming we're hearing now of drones overhead. >> you can hear the war planes and the drones. thank you, john, so much. so, what, if anything, can be done to stop hamas and israel fighting? coming up, we'll talk to former israeli ambassador to the united nations about that. and the iraqi military flying thousands of volunteers to help in the battle with sunni

militants. most of the volunteers are shiites. answering the call to defend against the sunnis. the militants have taken over much of iraqs northern regions. and john kerry will be a little bit late for the talks in vienna. he's in afghanistan now, helping that nation through their presidential election crisis. holding separate meets with the separate candidates, both contesting the results of the elex electio elections. dangerous lightning forces a seattle-bound plane to land in

salt lake city. the flight was diverted after lightning damaged the plane. and meantime, a lightning strike killed one woman and injured several others in rocky mountain park yesterday. they were hiking, according to officials. hoping for a change, angela merkel says she doubts that americans will stop spying. she said it's not easy to convince the united states to change the way our intelligence services work. she said that after asking that the cia's station chief leave

the country. we'll be talking more about this a little bit later. and obama speaking out against john boehner, saying his lawsuit against him over the health care law a political stunt. elisabeth pran is in washington with the story. >> the president again inviting john boehner to sue him. asking him to stop blocking every serious idea he's brought to help the middle class. >> the republican plan is not to work with me, it's to sue me. it's going to waste america's time, and they're paying for it

with your hard-earned tax dollars. >> -- such as the employer mandate, delayed until 2015. boehner says it's about reforming the way things are done in washington, and making an example of the president's use of executive action. >> it's not about reasons versus democrats. it's about the legislative branch being taken advantage of by the executive branch. >> and they worked their will to pass legislation. and the president is expected to execute those laws.

>> back to you. >> thank you. so, should money solve the immigration crisis at our border, or should the president send the national guard? republican leaders want to see a lot more done to stop the illegal influx. and they're about to move the concordia, as the captain -- >> get going. there are already corpses. move! asian debt that recognizes the shift in the global economy. you know, the kind that capitalizes on diversity

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it's time now for a quick check of the headlines. a 6.8 earthquake has hit japan's coast. near the fu cue shi ma plant. and time for the running of the bulls in spain. three have already been injured, but only a suspected fracture. and the costa concordia is being readied for towing. in a tv interview, the captain blamed another crew member for the disaster. and the white house wants

more than $3.5 billion to secure the border and do something about scenes like the one you're looking at. here's how the request breaks down. $1.8 billion for housing. $1.1 billion for removal. $423 million for border protection enforcement. we bring in ron borgine. if you considered this in terms of purse strings versus policy

versus politics, give me the view from the democrats' camp and tell us how this may discourage the president from acting unilaterally? >> well, the way we see it, the republicans are acting as though the president was asking for this money as though he was going to throw a party on the white house lawn. well, the president is calling upon congress to fund the law they passed in 2008me. congress is going to be leaving in a couple of weeks, so they just need to pass a quick bill, and get this moving. >> where do republicans stand. is the president's breakdown

specific enough? >> i think it's a very big number. i think it's a important, a significant development today when the homeland secretary said, if children come over the border, we're going to send them back. that's a message that needs to be delivered loud and clear from the president and his officials in the next week. >> so, you're saying that's a big signal. it doesn't matter where the children are from. >> well, i was about to say, the second thing we need to do is get rid of the 2008 human trafficking law. that's center to this crisis,

and key to the funding. >> and the hispanic congress says no to that. >> and we need to add guards to the border. and some of that money needs to go to extra processing. but bottom line, the funding is way too much. >> well, would you maybe take a couple of lines, go for this and not for that? >> well, house republicans are looking it over. congressional republicans are, too. and they're going to bring recommendations on what to do. time is of the essence, but you really have to examine the fine print. >> and president versus perry. the president says if the texas delegation can move on it, we

can have more agents as the governor requested. what is your take on the president tossing the ball into governor perry's court? >> well, he's been reticent, shall we say, to work with the president. but i think the president is reaching out once again, saying we have a problem here, let's get it done. and i think the republican party so far has not been very receptive of the olive branch. >> and ron, i want to give you the last word. >> well, the president was playing pool in colorado. not accepting the impact of this crisis. rick perry said come, meet with

me, and what happened was finger pointing and politics. this is a crisis, and the president has to take charge. >> finger pointing all around. aren't we sick of it? thanks, both of you. >> thank you. back to the middle east. that's where israel's military continues to fire back at hamas. trying to stop the barrage of rockets coming from the strip. a top former israeli official joins us with his take, next. [ male announcer ] this is the age of knowing what you're made of.

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israeli, the israeli military is firing back in defense. this as the security council has called for a cease-fire. but israeli deputy defense minister says that's like the u.s. settling with the 9/11 terrorists. >> the cease-fire is between hamas and israel. it's like i will tell you that president obama would sign a treaty with osama bin laden, with al qaeda. those people, you can actually buy cease-fire or get into a cease-fire, only when you show that you are strong and you are determined. i think it's too early to speak about it. >> ambassador dan gilman is a former ambassador to the united nations and joins us now from tel aviv. ambassador, it seems like hamas militants have the irani-made rockets that can hit tel aviv. how does israel stop them? >> well, eric, i'm speaking to you from tel aviv. and actually i was at a movie

with my wife and a couple of friends and the siren sounded. the moviehouse was evacuated, but i just went to my car and drove to the studio in order to tell you folks and the world through fox. the name of movie was "this is how it works" with michael douglas and diane keaton. and my message to the hamas is this is not how it works. this will not work. you will not cower us, you will not make us run. and you may run, but you cannot hide. and we will get them. we will get this ugly snake of terrorism. these animals who are taking their own people as human shields, who are putting missiles inside hospitals and underneath mosques and making families live among missiles. if you go to sleep with a missile, don't be surprised if you don't wake up in the morning. we will not stop, we will not agree to a cease-fire. we will finish the job and make sure that hamas after this is over will never be able to raise

its ugly head, and this monster, which is threatening not just israel, but the rest of the world, will not be able to continue to do this dirty, dirty work. >> you know, ambassador, you just very vividly and eloquently described the conditions that israelis are living under. what do you think would happen if missiles were raining down on albuquerque or memphis or dallas or tampa or raleigh. what would we do? >> well, i think this is the first question i would ask you and i would ask every member of the security council, who is telling us to talk to hamas and to have a cease-fire. what would you do? what would the united states do if missiles rained down from albuquerque, as you said, from either mexico or canada. what would france do if missiles rained down from germany? what would russia do if missiles rained down on it. what would china do? all of these sank moan yus

people. the british who sent out thousands of troops to a remote island, thousands of miles away from their own territory. we are defending our homes. we are living in a very tough and brutal and cruel neighborhood and we are actually on the front line of terrorism. we are fighting not just for us, we are fighting for you, for our american friends, for our friends around the world, because this is the first line of defense. and we have to make sure we destroy those animals who are trying to destroy us. and i assure you, eric, we will not stop until we do. >> ambassador dan gillerman from israel, which is under a barrage of rockets, from hamas and is fighting back, maybe for israel's very survival, thank you so much for joining us tonight from israel and from tel aviv, that has continued to become under attack.

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hello and welcome. i'm eric shawn and this is america's news headquarters. >> and i'm arthell neville. we're live from the israeli border with gaza. >> and there is yet another new round of spying allegations against us, this time from a key ally. now the top cia official in germany is being asked to leave that country, so how did this happen and what does it mean? >> and another federal judge ordering the irs to explain what really what happened to lois lerner's e-mails. we have the very latest on the irs scandal.

but first, a continuing flood of illegal immigration on our southern border. president obama back in washington this hour after his trip to texas. after meeting with the president, texas republican governor rick perry says the two did agree to what he calls a substantiative conversation on exactly how to secure the border. this as lawmakers are considering the president's $3.7 billion emergency request to try to deal with it. but he still will not cut up the national guard or take other steps, says critics. molly hannenberg live with the very latest. molly, will the president get congress to sign off on this deal, do you think? >> reporter: the top republican on the house appropriations committee, which controls spending, says $3.7 billion is, quote, too much money. kentucky congressman hal rogers says his committee may approve some money for some immediate needs, but says the house would not approve the president's spending package as is. other republicans agree that spending that much money won't fix the problem.

>> he's given republicans this ultimatum, rather than really what i would call a proposal. there's no proposal here. what he's thrown out is, let's spend almost $4 billion and let's just accommodate the mistakes we've made. let's go ahead and continue to make the same mistakes. >> reporter: the white house says it's open to working with congress, but insists the president has been, quote, very clear about what his spending priorities are for the border. eric? >> and molly, as we mentioned, governor rick perry wants to have the national guard called out, for example, and others have been calling for that too, but the president is still resisting that. >> reporter: right, the white house is resisting it, even though texas republican governor, rick perry, contends that that would do a lot to stem the crisis right away. in texas this week, the president did not go to the border, but did meet with governor perry. perrys wants the president to get a handle on this

humanitarian crisis by sending in national guard troops, but the white house isn't on board. >> sending a thousand national guardsmen from the border is not an enduring solution. that is almost, by definition, temporary. so if we're into symbols here, and if symbolism is what we're looking for, the best symbol that we could send is to authorize the deployment of 20,000 additional law enforcement officials to the border. >> reporter: also, today, two republican members of congress, jim bridenstein and marsha blackburn will go to ft. sill, oklahoma. that's one of the facilities that's housing some of the children who have come into the country illegally. eric? >> all right, molly, thanks so much for the details. and tomorrow morning here on the fox news channel, "sunday morning futures" at 10:00 a.m., maria bartiromo will delve into this issue with republican congressman jeff denham of california. they'll discuss the border issues and solutions. and i'll be reporting on the show tomorrow too, at 10:00.

"sunday morning futures" right here on fox. >> looking forward to your reports as well. and this just moments ago. the united nations calling for an israeli/palestinian cease-fire. all 15 members of the security council approving a statement that calls for the de-escalation of violence and the restoration of peace. david lee miller has more from the israeli border with gaza. >> reporter: arthell, the field behind me on the outskirts may look ordinary, but it is anything but. over my shoulder, you can see israel's iron dome missile defense system. and just a short time ago, this particular battery was brought into operation. it intercepted a rocket almost directly overhead. so far today, militants in gaza have fired at least 60 rockets into israel. the iron dome system, according to military officials, is 90% effective and today israel put

an eighth battery into operation. no doubt, they say, it has saved countless lives. earlier, we witnessed firsthand israel's preparation for a possible ground invasion into gaza. we're about 100 yards from the gaza border, and at this location, you can see, already in position are israeli tanks, the armored bulldozers, as well as apcs. there are also israeli troops that have be it is likely that if there is a ground incursion, these would be the first troops to enter in to gaza. a top priority for any israeli soldiers that enter into gaza would be to destroy the launching devices that are used to fire rockets. and as these -- you can see these shoulders preparing now, if they do get the call, to enter into gaza. a debate is taking place here in israel. it involves the politicians, the political arena, as well as the military. they're trying to determine if, in fact, a the ground incursion is the best way to go.

some have argued that continuing the air campaign would be far more effective or certainly equally effective, and would not result in as many casualties. as that debate continues, these soldiers continue to prepare to enter into gaza and cross the border. so far, during the current conflict, at least 120 palestinians in gaza have been killed. the majority, we are told, by palestinian officials, are civilians. but a diplomatic solution might be on the horizon. former british prime minister, tony blair, now a peace envoy, is in egypt, meeting with officials there, trying to broker some type of cease-fire. in israel, david lee miller, fox news. >> okay. david lee miller, thank you so much. meanwhile, off l.a., an overnight attack has left four people dead in eastern ukraine. that conflict has been continuing. four apartment buildings were hit by artillery fire in the suburb of donetsk. it is not known at this moment

which side was directly behind that attack, but pro-russian insurgents are holed up in the city of donetsk, and there reportedly is a rebel base nearby. the attack coming hours after ukraine's president vowed vengeance for those 19 troops who were killed in a rocket attack near the russian border. comedian tracy morgan is suing walmart over the crash on a new jersey highway that seriously injured him and killed fellow comedian and friend, james mcnear. last month, a walmart tractor-trailer slammed into the limousine carrying mcnair, morgan and three other passengers. he claims that walmart was negligent and should have known the driver was awake for 24 hours before the crash. the driver pleading not guilty to death by auto. meanwhile, that former florida police captain accused of killing a fellow moviegoer in that argument over texting during the movie previews, he is now free on bail.

a judge let out 70-year-old curtis reeves on $100,000 bond. reeves can only leave home for church, doctor's visits and going to the grocery store. he is accused of shooting and kiting 43-year-old chad olsen after olsen allegedly refused to stop texting during the movie previews. but his attorneys claim that their client acted in self-defense. and eric also frees who is known as the pillowcase rapist. christopher hubbard who admitted raping dozens of women was released from a mental hospital and is living outside a rural california community, despite neighbors' protests. dominick donatelli joining us now from the l.a. bureau to tell us what's being done to keep a community safe from an admitted sexual predator. so can these protesters drive him away? >> they're certainly determined to do that. they're out there with bull horns and they are chanting day a night, at the moment. there was a group about 25 gathered. it's quite a small rural

community out there. mostly women, who are rather concerned about their safety. they've formed a group called the ladies of the lake. we can show you pictures making to haze him out of his new home. he moved there oon wednesday. there you can see them with their signs. there was about 25 of them there this morning, apparently, and they keep actually, trying to disturb him as much as possible. he's trying to find his feet in his new home. they say, your presence is not welcome. listen. >> there's no cure for sexually violent predators! they will always be a threat! >> we are not going to take this. just because they delivered him doesn't mean we have to take him! >> and thoughfully he's getting the message that he's, you know, to get him out of here. >> reporter: so people in the neighborhood are concerned that he may actually offend again, even though he is undergoing treatment so that he doesn't. he's also under curfew and has got a gps anklet bracelet to track his movement. >> so the local authorities are appealing his placement at

palmdale. so where do they expect him to go? >> well, they think, actually, he should go up to northern california, because that's where a lot of his previous convictions and his previous assaults actually took place. for the time being, though. it was a court that placed him in southern california. and you've got the los angeles county district attorney, who has now issued a writ to try to overturn that ruling that put him in los angeles. so really, what they're saying is, as he moves into his new home, we can show you pictures of him actually arriving in his new home. let's show you those and you'll see how he arrived on wednesday. this is him actually approaching the property. he's actually really trying to find his feet, say the authorities. he's got two guards with him that take him on to the property. and really sort of get to grips with his new life. and he really is, yeah, trying to get on with his new life. listen. >> he's actually trying to keep busy. he's improving the home. he's scrubbing the floor, washing the walls, trying to keep his mind off things and do something productive.

>> so he's blocking them out? >> he's trying. it's impossible to do so, as you know, if you've been out here. >> reporter: so the early indications are that he's trying to make a place for him to stay there. that is currently being covered by the taxpayer at the moment, his accommodation, around $2,000 a month. this is a man who served 18 years and is considered a sexual violent offender and is under constant monitoring, as of now. back to you, arthell. >> dominick donatelli, thanks. we know losing your job is hard, but finding out about it when you're in a war zone, well, that is something else altogether. if you can believe it, military budget cuts are doing just that to our courageous men and women overseas. now, the details. >> reporter: in combat, every second counts, every ounce of energy is needed for staying alive. fox news has learned that many soldiers currently and formerly

serving on the front lines in afghanistan were risking their lives while fearing for their job as part of the pentagon plan to drastically reduce the size of the army. these decisions were even delivered to officers while deployed, effectively firing them while in harm's way. >> it puts the soldier, the soldier's family, and the soldiers under his command at risk. it creates an environment, if you will, inside of a unit, where young officers look at each other and they ask themselves, who's next? >> reporter: take army captain, luke butchot, went to afghanistan, survived, and came home only to face a layoff review board. >> the army is not just a career, it's not just a vocation for people who decide to stay in for a long time, it's a laf stile. and to say, i'm sorry, we don't need you anymore, feels like it's unfair, it feels like betrayal. >> reporter: the army told fox news 2600 captains and other officers have or will be laid

off. buchot survived the cut. many of his friends did not and will not as the army goes from 520,000 soldiers to 450,000. many of those combat veterans, some knowing they're under review, and given pink slips while overseas. >> when other people who are sitting on your right hand and your left hand start getting those pink slips, it feels like, well, maybe i am next. >> reporter: in a similar move, the army unceremoniously chopped thousands of young officers after the vietnam war. retired major general bob scales lived through it. >> it took decades, number one, for the individuals to recover, but most importantly, for the army to recover. because there was this sense in the early '70s of this broken covenant. >> reporter: the army now belongs sequestration. senator jim inhofe issued a statement saying, our military's readiness and war-fighting capability are clearly not the priorities of this president. >> just take a look at the middle east and somebody please tell me that we won't need these men and women again pretty soon.

>> reporter: when asked about these cuts today, the army said, quote, the army's drawdown plan is a balanced approach that maintains readiness while trying to minimize turbulence within the officer corps. this isn't the end of the cuts. there are more layoff review boards to come, for soldiers overseas and for those here at home. those let go face daunting statistics, an unemployment rate, a full percentage above their peers, and as one observer told me, now is not exactly the time one wants to be counting on the v.a. for anything. in washington, leland vittard, fox news. coming up on this saturday afternoon, have you heard about this? the center for disease control shutting down two of its labs after an anthrax scare. and it turns out there were other problems. coming up, we'll have the details. plus, two federal judges ordering the irs to explain how it possibly could have lost years' worth of e-mails connected to the tea party scandaling -- that targeting scandaling we've been reporting on. we even have the latest on that

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the headlines. the cdc is shutting down two of its research labs and hoping the shipping of dangerous germs to other labs. this comes after an anthrax scare and several other safety problems. trump plaza casino owners announcing they'll have to close its doors in september. if it closes, it means atlantic city has lost a third of its casinos in less than nine months. and the king is going home. lebron james announcing he'll return to play for the cleveland cavaliers. the fourth time nba mvp says he wants to show the underprivileged kids of northeast ohio that it's the best place to grow up. well, a second federal judge has now ordered the irs to explain how the agency lost those nearly two years of e-mails from former irs official, lois lerner. lerner, as you may know, is the

former division director. she's at the center of the tea party scandaling group at that agency. and the decision's judge comes one day after another federal judge ordered the irs to explain, around oath, what they think happened to those e-mails. do you think those e-mails will ever be found? and if so, what could they show? john fund is the author of the new book, obama's enforcer, eric holder's justice department, and he's a columnist for "national review" magazine. john, welcome in. we both cover the issue of voter fraud in this country. in this case, it's based on the texas-based group, true the vote. and they're really trying to uncover a lot of this. what do you think will happen? >> well, federal judges in washington are uniquely qualified to figure out the obfuscation and baffle gab that federal agencies can throw off to confuse their activities. i think they're acting like john sirica in the watergate crisis. he said, i'm going to get to the truth myself.

so what these federal judges are doing are digging deep and appointing outside magistrates, outside monitors, to make sure the government is telling us the truth and giving all of the information they have. >> do you think the government is telling us the truth item. >> who can tell? we know that the irs has given conflicting information, conflicting accounts, partial explanations, incomplete document dumps. so given their track record, a certain amount of concern is warranted. >> you talk about -- i love that turn, baffle fab -- >> baffle gab. >> baffle gab, okay, when bureaucrats do that. but it's a lot more serious than that. the head of true the vote, she says she was descended upon by federal agency and government agencies, she believes, for her political view, not just the irs targeting her group. not just the irs, she says, denying her group tax exempt status, but going after her personal business, auditing the

business, everyone from osha to atf. 15 visits from federal authorities. is that america? and what will the judges find in terms of those claims? >> and she has a lot of credibility on this issue based on her track record. look, one of the most serious things the government can do is to go after people using the full force of law. it was one of the several articles of impeachment that were drawn up against richard nixon. he actually was rejected by the irs in his appeals to look at audit returns to go after political enemies. but just the attempt earned him an article of impeachment. this is extremely serious. and i say to everyone in your audience, if we don't find out what happened now, it won't be so nonprofit groups in the future that it happens to be. it will be average american citizens like you. >> and in keeping with that, do you think this is a stunning, an offensive example of government overreach? >> well, when you have a top official at the irs, lois lerner, sending out an e-mail, which wasn't the smartest thing, given what she was about to say,

saying, we have to be careful in what we put into e-mails, because congress may ask us during their oversight hearings for those e-mails. so let's make sure we don't put anything in there we don't want, that's called concealed information from the people. and the obama administration has to be judged by their own standards. they came into office in 2009, promising most open and transparent administration in history. instead, they have been open in their motives in finding out everything about us and transparent in how sloppily they've done it. >> let's go back for a second about what lois lerner said in those e-mails. she's talking about congress, talking about if congress can find this stuff up. stonewalling the truth that they were trying to cover up what think actually were doing, knowing that it was potentially against the law? >> eric, do you have an alternative explanation? i mean, there's really not one that we can find out, because she took the fifth amendment. and other irs officials are slow walking document production and other things. in the absence of cooperation,

you have to assume the worst motives. >> and finally, the agency, they say, look, we've handed over 750,000 pages of documents. you've handed over 60-some-odd thousand e-mails. and they claim they're cooperating. what about that? >> well, how many are left? in other words, if i produce 75 pages of my 125-page documents, does that mean i've given you everything? no, it's still, where's the other 50? so we don't know what's left and not out there. remember, this was a -- all of the e-mails to the justice department, to the white house, to other entities are gone from lois lerner's e-mails. if the scandal went beyond the irs, that's where we have to look. >> maybe -- maybe they'll try to get down to the bottom of this. john fund, as always -- >> i think these federal judges is a major step forward, what their actions have been doing. >> yeah, we saw what happened with judge sirica. john, thank you. all right, eric and john, the city of brotherly love, home

to one of the highest poverty rates in the country. but a program in philadelphia is giving a lot of help to people who can use it, really use. brian is live with this story. >> project home has helped some 8,500 people get off the streets and ultimately lead new lives in a city that has the nation's highest poverty rate, 26% of the nation's largest cities. they offer affordable apartments, job opportunities, a learning center and a free health care clinic. but raising money to fight homelessness is difficult. often, potential wealthy private donors don't donate because they think a problem is too overwhelming and is the responsibility of the government to solve. but project home is convincing donors otherwise. and has received a $30 million private donation, one of the largest in homeless philanthropy. >> most people when they see someone living on the street are moved by the plight of people living there and want to know what they can do.

and the solution can only be a public/private partnership. one or the other cannot solve this problem. >> sam santiago is a retired cop. he spends his day searching for homeless people in need of project home's help, giving them food and water. it's all with the hope of ultimately convincing them to accept long-term help. >> you know that it's not easy, but you also know that you are probably the only contact that these folks on the street might have, with medical stuff, with the v.a., with housing, at some point. >> david brown accepted sam's help after living on the streets for 25 years. he couldn't read or write. today, he lives in an apartment and works at the project home's clothes store. >> if you understand the words of project home, once you understand their mission, like the "h" is for housing, the "o"

is for opportunity, the "m" is for medical, and the "e" is for education. if you give a homeless person those four things, they won't be homeless much longer. >> it's giving them a chance to offer for help for these people. the hope is other wealthy donors will get in on the fight against homelessness nationwide. arthel? >> that's great. help for them to be able to help themselves, it's fantastic. bryan llenas, thanks. >> so you're flying around, when suddenly, zap, your jetliner is hit by lightning. it just happened with 150 people onboard. and coming up, we'll tell you what happens when a zillion bolts strike you while you're up there in the there. coming up, a federal judge, a mexican judge, sending a u.s. marine back to prison where he remains at this hour. we will have the very latest on the case of sergeant andrew

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that's tommy ramone. he's the last member of the ramones and he has died from cancer. ramone was the band's first drummer. he helped co-found the group in 1974. the ramones were inducted into the rock 'n' roll hall of fame back in 2002 and they leave behind a music catalog spans over two decades and nearly 40 albums. tommy ramone was 62 years old. and as marine sergeant andrew tahmooressi faces more time in a mexican prison, after

making his first official court appearance on gun charges this week, his lawyer now says his arrest is bringing to light some serious human rights violations. >> at this point, only -- only thing hurting his case is that the early stages of it were not exploited enough, i believe. right now, we have a lot of evidence that the arrest is tainted by several serious human rights violations. the further we go into evidence, into that topic, the more clear it will become, i believe. >> well, here to talk about what's next, mercedes colon and david schwartz. great to see both of you. while that clip of the attorney was playing, i saw david nodding his head. are you thinking that the human rights violation claim is equ

equally strong or not, david? >> the fact that we're even talking about evidence and mitigating circumstances, i believe, even further, this is a question of bail right now. this is a due process issue. he should have been arraigned in front of a judge within 24 hours, he should have seen the judge. his side of the story should have been told. and the judge should have set reasonable bail, before we even got into the merits of this case. >> but is that how it goes in mexico? >> no. and that's what i was going to say. thank god we live in america, because due process is alive and well in this country. not there. the process is very different there. frankly, the process really is ad hoc. it changes from person to person. that's what's been reported. but it's really, unfortunately, this young marine is in the crosshairs of that. we can't compare it to the american judicial system. >> with that in mind, how does his attorney, you know, kind of forge his way through that legal mess there? >> it's a legal mess. i mean, number one, it's a legal mess. number two, it's a strict liability standard for bringing

guns into mexico. you know, there are no mitigating circumstances. it's either you brought the gun in not knowing about the law is not a defense. so he has a real problem here. we need our government to get involved. >> really? >> someone should make a phone call. first of all, mexico gets ten of billions of dollars from the u.s. someone has to make that phone call. it may have to come -- apparently, there has been some communication, but it has to come from the very top. who authorizes that type of funding has to make that phone call to mexico and say, we have a very friendly relationship, you need to let our marine go. >> next hearing is august 4th. i mean, what does this attorney, tahmooressi's attorney, what argument does he have to drive to get this guy out of there? >> this was a complete accident. this was an understandable accident by a marine of the united states of america. he made a wrong left turn, ended up into mexico. he was legally allowed to carry these guns in the united states, and he has to try, you know,

through all channels, to get him out of this. >> so let's say mercedes, that phone call that you mentioned, doesn't happen. what's the likelihood of the judge dismissing the case? >> not -- it certainly doesn't sound like he will. because of the standard that there's imposed on these individuals who come into the country with guns, stark liability, that means he's going to serve jail time. there's no mission whatsoever when it comes to this particular law. and i agree wholeheartedly with what david's saying. look, if he's there and it's a mistake, and we were talking to the officer about how this can easily happen on that particular highway. this marine, obviously, went through the toll plaza or maybe was pushed -- we don't really know the circumstances. his attorney said for the first time that there has been some shadiness with respect to his particular arrest. it may have been just that, that he was arrested at the border. >> if we can't deal with mexico in this situation, we're in real trouble. if we can't handle this situation with mexico, we have a real problem.

>> we know he's been in jail since march 31st, more than three months now. and according to sergeant tahmooressi's attorney, the order to search his vehicle, which was dated march 28th, in that three days before the marine crossed the border. >> isn't that -- and there's also some report where the mexican authorities say, oh, i'm not sure it's a mistake, because we have a receipt from a hotel room. where did this come from? so now there's this date that actually pre-dates his coming into mexico and now there's this phantom receipt, which no one has seen. there's a lot that has to be gone through. >> he could be guilty of a crime here, no question about it. but before we even get to guilt or innocence, we have to have due process. and there needs to be a hearing and he needs to be let out of jail and fight the charges. >> they don't know what due process is. that's the problem. >> there is no due process. >> we're putting in our american judicial standard, and in mexico, it doesn't exist, obviously. because he's sitting in jail for three months without even seeing the judge at that point. three different attorneys. we don't know these attorneys --

here in the united states, you get arrested, you have an arraignment, you appear before the judge, you get to know what your charges are. you get appointed an attorney. all these things happen. in mexico, you sit in jail and rot for three months before you get anything. >> and unless it's a murder case, bail is set. >> what's the case with him changing out his attorneys in the beginning? >> well, apparently, he was not happy with the original two attorneys. now he's happy with the third attorney. so, look, you've got to be represented properly. i don't blame him for changing attorneys, so hopefully he has the right attorney now. >> okay, we'll keep an eye on it. david schwartz, mercedes colone, you look very dapper and you look beautiful. >> i take no credit. >> they do rock, i'll say. sorry about that, eric. >> that's all right, arthel, you look beautiful too. >> thank you. if you heard about the germans ordering our top cia official there to get out. that's stoking new tensions between washington and berlin. of course, you may remember

those revelations that german chancellor merkel's cell phone was tapped. and now the germans have arrested one of their owns for allegedly spying for us. coming up, we'll talk spy versus spy with a former cia analyst. plus, are you looking to replace that boring old four-door sedan? well, take a look, you could own one of these. more on what promises to be one of the largest auctions of military vehicles ever. well another great thing about all this walking i've been doing is that it's given me time to reflect on some of life's biggest questions. like, if you could save hundreds on car insurance by making one simple call, why wouldn't you make that call? see, the only thing i can think of is that you can't get any... bars. ah, that's better. it's a beautiful view. i wonder if i can see mt. rushmore from here. geico. fifteen minutes could save you fifteen percent or more on car insurance.

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time for a quick check of the headlines. secretary of state john kerry is in afghanistan, meeting with the country's two presidential candidates. the secretary says both candidates have agreed to abide by internationally supervised audit of all ballots in last month's disputed election. a frontier airlines plane diverted to salt lake city after it was hit by lightning. an airline spokeswoman says the lightning strike damaged the plane's weather radar, but none of its 168 passengers were injured. and after its stunning loss to germany, brazil plays the netherlands for third place in the world cup today. that game beginning at 4:00 p.m. eastern. germany and arch tgentina meet the finals tomorrow. and the top station chief in berlin has gotten the boot.

that after an employee was arrested for allegedly spying for us. that comes on top of the revelations that chancellor angela merkel's cell phone was tapped by americans. president obama promised to fix those problems. so what happened? and what does it really mean for u.s./german relations? fred flooits is a analyst. friends don't let friends spy on each other, but is it defendable when it comes to germany? >> eric and arthel, it's great to be here. great powers spy on each other. with a handful of exceptions, the united states doesn't consider any country exempt from spying. there are good reasons why the united states may have been spying on germany. germany has the closest relationship with russia and iran, economically, than any other western country. we have concerns about european countries where terror suspects may be planning terrorist attacks against the united states or our allies. there are reasons that we have to do this. when there's spying incidents with our allies, we usually

handle them quietly. but the snowden leaks have had quite a backlash in germany. i suspect that the united states underestimated this backlash and we probably should have shut off some of the low-priority operations. i'm also concerned that the two incidents the germans are worried about may represent poor spy kraft, possibly sources we should not have signed on in the first place. >> you talk about two incidents. this one 31-year-old employee of the german intelligence service, i guess, they allegedly had some low-level material that he sold to the cia? >> well, this individual, according to press reports, was a walk-in. he offered to sell secrets to the united states and we took him on as a source. he was selling german secrets. >> if you're a walk-in, fred, could you be a plant? >> well, that's a possibility, but he got caught, supposedly, because he was trying to sell secrets to the russians, and he tried to e-mail these secrets to the russian, and the german intelligence service intercepted this e-mail. now, this suggests that this is

somebody that we shouldn't have recruited in the first place. >> what does it mean for german/u.s. relations going forward. some say that merkel is booting out our cia station chief for domestic, political purposes. >> german officials know this goes on. these incidents happen, we're going to move beyond that it. there is enormous political backlash from the german left and from privacy advocated in german that merkel and her administration has to deal with. i also think merkel's trying to eyes this to pressure the united states for a no spy agreement or a so-called five eyes agreement, which we have with canada, australia, and new zealand. we share information and have agreed not to spy on these uns can. germany would like that very much, but i don't think that's in the cards. >> how come we won't give that to germany? >> a no-spy agreement, i think, is possible, you think that has to be studied. but sharing intelligence like we do with the british and these other countries, to get an agreement like that with germany and the french want this also,

they would have to promise never to share this information with members of the european union. and that also means the left-wing european articlemepar members, who are very anti-american, i don't think germany will ever agree to such a thing. and a no-spry agreement is possible, but we can't let our intelligence be spread that why. >> and if we didn't keep an eye on them in berlin or wherever they are, what do you fear could happen? >> i think that we can probably -- >> first of all, i think this is going to pass. whether there's a no-spy agreement with the germans or not. but given the close relationship we've had with germany and syria in the middle east, i think it's time to start thinking about that. we would lose something in terms of our concerns about the relationships between german companies and the russian government and iran and some other issues. overall, however, i think germany is a close ally and we have to do something to improve this relationship and to make this issue go away. >> all right, fred. i have an idea to improve the

relationship. two blocks from the u.s. embassy in berlin, by the brandenberg gate, there's a chinese restaurant. on monday morning, our embassy should send $500 worth of chinese food from that restaurant to the german embassy, because that sits in the front floor of what was hitler's chancellory. and remind them with a note, if it wasn't for us, you would not only not be eating that food, but that was hitler's chancellory. all right, arthel? >> okay. >> that's a true story. >> fascinating story. okay. incredible sight gracing our skies last night. wehle tell you when you can see it. they're cloudy.

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for a look beyond the news here is author and journalist with her weekly commentary. >> it is a wonder president obama hasn't announced he can solve the border problem by emptying guantanamo and filling

with illegal aliens. the idea raises the question of what to do with the remaining prisoners. detainees isn't really an apt description of these men. if anything militant against the president's promises to close the gitmo prison it is the energized rein of terror in the middle east. the taunting declaration dedicated to destroying the west. the president is telling us that releasing terrorists to their old battlefields is a fine thing to do. will he say this after the next skyscraper crumbles into atume when a new kind of bomb blows a passenger jet out of the sky? a poll reveals that 66% of the american people want to keep gitmo open. 29% favor removal of the inmates to u.s. prisons. the recent trade of five taliban

operatives for one u.s. defector only highlights washington's knack for getting it wrong. as years go by an ongoing battle to try the men is one of incomparable bureaucratic bungling and legal tucanary. the financial times describes the prosecution at gitmo as a legal tangling. the prisoners including the famous five of 9/11 mocked our laws with the aid of so-called human rights groups defending them. the far left is dedicated to working for terrorists and allows them to fantasize about big hearts and diverse love for all man kind. 13 years ago numbed by the carnage of 9/11 we could not have imagined that such men might have escaped the power of

american justice. every employee is engaged to buy time. allegations of torture, endless arguments over waterboarding and a drive to flesh out cia documents, hunger strikes, all designs to frustrate. what most survivors of 9/11 and their families think about guantanamo terrorists watching the world cup one can only imagine. it's too late in the game to stop the president from hurriedly releasing the gitmo killers. someone should warn him that more violence is in the making. our armed forces, god bless them, are led by motivational speakers instead of warriors so we shouldn't hope for too much from that quarter. guantanamo must stay open for the murder is yet to come.

>> and now for the super moon. have you seen it? it means the regular moon will appear bigger and brighter than normal as the moon hits the closest point to earth and it happens this weekend mpt the pictures show the super moon last night seen around the world. nasa says the next supermoons will come in august and september. does that make for a beautiful sight. >> i like it. beautiful. >> that does it for us. i will see you in two hours. >> i'll see you in about 35 minutes as you are now going to stay put for "a healthy you and carol alt" coming up next. [ cat meows ] ♪ ♪ da-da-da-da-da, bum-da, bum-da ♪ ♪ bum-da, bum-da ♪ the animals went in two by two ♪ ♪ the sheep and the frog and the kangaroo ♪ ♪ and they all went marching, marching in two by two ♪ ♪

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and so is helping with the homework. keep love strong with new iams perfect delicacies, love the iams difference or your money back. welcome to "a healthy you". i'm carol alt. for years the debate of whether the benefits of mammograms outweigh the risks. everyone has weighed in yet there is still so many unanswered questions about mammography. we have two doctors here to sort it all out for us. plus, one of new york city's top urologists stops by today with a dose of men's health information. he will share secrets to increasing without having to resort to enhancements. now it is time to convince me. today i'm