so you're going to want to make sure you join us for our thursday telecast. >> one decade later. in the meantime, we've got a busy after the show show. we'll finish all these chocolate pizzas and so much more. see you back here tomorrow. >> good morning. breaking news. the white house defying a congressional subpoena and a top aid to the president refusing to testify. darrell issa getting word he's going to be a no-show saying he's immunity. good morning. i am bill hemmer. >> good morning, everybody. i am martha maccallum. the house oversight committee is trying to get answers from the office of political strategy director and the discussion over his involvement in using taxpayer dollars for political

campaign. darrell issa said this "clo of e is another attack on the nation's constitution were by this president. >> steven hays is here. good morning. >> this was a brief hiatus between the last one and this w see what he knows about using his office and other white house goods to win election. >> he is part of the political wing in the white house so we would know something? >> he would know a lot about the white house and that is why darrell issa wants to talk to

him and the white house is saying since he is support for the president he has immunity. >> do they have an argument? >> i think they have a strong argument. it is one thing to subpoena someone where there is evidence of wrongdoing. it is another thing when the evidence, hasn't at least, been provided or made public. the white house would argue the president needs to have the option to get advise without congress looking over his shoulders. there is a long standing tradition about many presidents making that. >> so there is precedent if you look back? >> this happened in 2007 during the bush administration and you

can look at the arguments that cheney and his operation made when they were trying to keep information from the house oversight committee, the same committee, about the energy task force. >> if he talked what would you find out? a trail inside the west ring about targeting? >> i think this is the real challenge for what darrell issa is doing. there are times you can subpoena someone and say this is what we are likely to find and he may know that but isn't making it public. but because he cannot point to wrongdoings makes it seem like another subpoena trying to drum something up rather than a tight investigation following specific pieces of information or

wrongdoing that we know about. >> we are on standby officially. stev steven hays. >> that hearing is going to start at 10:00 and we will have more coverage. some of the most dangerous places in the country and the directors for the centers of disease control will talk about dangerous lapses at the bio terror labs and we are talking about exposure to anthrax and also the small pox they discovered. steve is what. what do we expect to hear? >> the cdc is coming under scrutiny looking into anthrax and a variety of other incide e

cidences. dozens of workers were potentially exposed to anthrax when samples were sent to another lab without being sterilized. no one got sick but they found serious issues. now with a report from congress even more things were identified. the director addressed this last week. >> our laboratories are core to the ability to protect americans. our laboratories are the reason we are the gold standard for infections and environmental health. for this to happen and put our workers at risk is not acceptable. >> he is going to be testifying for the house energy and subcommittee today. >> what about the other findings

in the investigation, steve? >> there is a new investigation by the u.s. department of agriculture and they didn't release the findings but congress summarized and found disinfectants were used for anthrax that had expired, some people were not tested for five days after the exposure and, security is flawed and some things are transported in plastic bags which is against the code. >> thank you, steve. israel hitting more hamas targets and going after the home of four hamas senior leaders in gaza. the israeli military dropping leaflets telling the resident to get out before the attack happens. it came the day after israel accepted an egyptian plan and

hamas rejected and that caused more rockets. david lee is live from the border and how is it there? >> reporter: bill, more rockets being fired and israel is launching more airstrike on day nine of this conflict. look at the gaza city neighborhood here off in the distance. we are one mile from the pored bo bo border. this is one of the area where they dropped the leaflets and called people to get out for their safety. hamas told people to remain and many people didn't flee. take a look at what we recorded and you will see why the israeli military wanted residents to evacuate. throughout the day we have seen repeated airstrike with the israeli military going an tunnels build and targeting the

rockets going to israel. we could feel the blast from all over. earlier there was an airstrike and one area had half a dozen rockets. they are trying to overwhelm the missile defense system that has proven to be almost 90% effective and the israelis are close to put into operation what would be a ninth battery. one israeli has died and 208 palestinians have been killed and most are civilians. what happened here today israel warned the residents to flee for safety and hamas told them

otherwise. >> david lee, thank you. eight minutes past the hour. frustration is mounting across the united states as several communities protest and vote no to turn buildings into housing for illegles and then you have governors asking who is going to pay for this. >> millions of dollars borrowed from the white house to feed them. what about the kids in our county? >> that woman expressing the feeling of a lot of people. we will speak to mary fallon from oklahoma who was asked to take them in. roadways turning into flood ways and where else the high water could hit today. >> and the gop sitting done to see if their plan to sue the president is viable. what chance does it have to go

through as the president tells republicans to bring it on. >> middle class families can't wait for republicans in congress to do stuff so sue me. to do stuff so sue me. many of my patients still clean their dentures with toothpaste.

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dangerous flooding hitting several areas of the country. rush hour turned into a washout here in new york city. high water made for a dangerous commute in and out of manhattan. that is along the hudson river there. let's go to north carolina where thunderstorms hit the raleigh area and sparked 50 miles per hour winds. and in idaho this roadway turned into a river in the town of r rexberg where they are seeing six feet of water a house committee could decide whether or not the republican-backed lawsuit

against the president will continue. the republicans are laying the ground work under the house committee a month after john boehner announced this lawsuit. make your case. why are you doing this? >> we think there has been a consistent pattern of overreach with president obama. the most is obamacare changing it 20 times and changing the immigration law that we think contributed to the crisis we have at the border. we think the appropriate venue is going to the court and see if we are correct. it isn't personal. we have just have a strong disagreement about his role. >> if you are correct, what do you think should happen then? >> i think the president's

orders should be nullified and he should come back to congress and get changes. he has twice changed the business mandate in obamacare. we agree with that but we wanted it to be changed for individuals. he took it upon himself to act in a way that is unconstitutional. but that is what we have courts for, he is going to make his case and we will make ours. >> are you of mind that impeachment is they to go? >> i think that would be constitutional incorrect. we are not talking about high crimes or misdemeanors and it is politically foolish. there has never been a senator of any party to impeach their own party. you would have to have 22 democrats to get there and i don't think that is achievable. this is a routine measure. we saw the supreme court rule

9-0 that the president was indeed wrong when he unilaterally said the senate wasn't in recess when it in fact it was. we will see watt the court has to say but we think we pick the right venue. >> dick cheney called this a distraction last night. do you agree with him? >> when you pursue something you know is going to fail, even if you got the votes in the house to charge the president, you need 2/3rd in the senate and we don't have a majority. only twice in american history has a president every gone before the senate and there has never been a member that united for their own party. so it would have to be something

that is pretty bad. >> obamacare was changed how many times? 20 was the last count according to the wall street journal. >> some say 24 or as many as 35. quite a few. the president makes the case this is normal executive ability to respond but we don't think it is. when you read things in the law or reverse things we need clarification and i don't think that is the way the founders intended the system to work. we hadh power flow out of the legislative branch under presidents of both parties. let's resolve the disputes. we saw the senate do that in terms of recess and we think this is another one. >> what about the bowe bergdahl?

appare apparently the law was 30 days notice but the white house said they could not do that because it would bust the mission. >> it isn't part of the case. even democratic members were upset because the law was specific. but in defense of the president he is commander and chief and has some right there. i think he is in a weaker position constitutionally with the changes. >> the house democrats say it is a political gimmick. >> it isn't. frankly, i think both parties should be interested in this because we have seen expansions of executive power between both presidents that i think is well beyond what the founding fathers contended.

let's get it settled once and for all and see if we can make boundaries more definitive. >> you would declare victory if you will get the court to reverse some of these decisions that is what i hear you saying? >> that is correct. >> tom coal, thank you for your time. it is a call prom the white house for economic patriosm. the secretary wants to sell companies fleeing from high taxes here they are not permitted to leave. >> and lois lerner under the microscope and questionable tweets being looked into on the job. >> we will not drop this. you can say one event is

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how about this breaking news this morning? 21st century fox, the parent company of fox news, con firming it made an offer to buy time warner for $80 billion in june. the offer was rejected. stuart varney is here to tell us what is going on. >> the earth just moved into the media world. the shift from television to the internet is more clear. time warner is one of the kings of content. they have the stuff which they want to have people watch and we want to watch. they have hbo, cartoon network, cnn, turner broadcasting and warner brothers and that content

is becoming more valuable in the era of internet broadcast. they bid $80 million and that would have been minus cnn because you cannot have them getting together with fox. it waw was rejected but time warner is in play and by that i mean possibly up for grabs. >> and their stock price is rising in the pre-trading action this morning. is this done? who else is interested? >> there has been talk google was interested because of the extra valuable content. whether other companies come in or fox 21st makes a higher bid remains to be seen. time warner is in play. this isn't over.

>> very interesting. stuart, jack loo who used to be at citi group and is now treasury secretary came up with a policy that will slap the hands of companies that say i don't want to pay the highest tax rates in the world and i would whether go to another country and they are trying to stop that, right? >> american companies are moving overseas to escape our high taxes and american companies are keeping the money overseas to escape the taxes. the treasury secretary said we need a sense of patriots in the country and he is talking about putting a fence around the

companies and keeping them from moving. >> i can only imagine how this would have gone over at citi bank where they were trying to get the best line and admitting it might be best to move overseas. so why don't entertain the notion of bringing down corporate tax rates to entice people. i guess they are saying they will but -- >> it is going to be a long ways away. the president isn't going willingness to work out a deal for tax reform. he prefers to put a fence around the coubusinesses and accuse th of being unpatriotic when they leave. does tax reform mean lower taxes or mean we will get more money from the system by juggling the

tax system around? one thing to president obama and one thing to conservative. >> you are economically patriotic every day. >> seems like an easy fix. >> if you want to lure them back in give them a 17% tax rate and it will change. she says she is living every parents nightmare. the mother of the boy who died while trapped in a hot car in atlanta is talking for the first time as questions are raised about her possible involvement in her son's death. >> and this is heating up. anger and frustration over the immigration crisis as towns and states across america ask how are we supposed to manage this influx of people and pay for those folks and why weren't we told what was headed our way. >> they are taking from my kids and grandkids to get to somebody

else. i understand this is a humanitarian issue but look in your back yard. your back yard.

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liberty mutual insurance. 9:30 here in new york city. the backlash on the immigration crisis is growing across the country. protesters popping up trying to block the illegals from coming into the community. this is two weeks after the town in california blocked the buses coming into their town. william is live. it seems like another day and another round of protest. what is happening? >> blue states to red opposing points of view. do you protect the children or send them home? for some it is about the law and some about the cost. a non-profit offering foster

parents up to $6,054 to care for the children. yesterday outside of tucson the two sides squared off and in michigan a similar scene as washington tried to put hundred kids in a juvenile fit. in lin massachusetts, they are pushing back. >> we have been aware of the issue but our school system is overwhelmed, our health department is overwhelmed, and the city's budget is being altered substantially. >> border patrol officials say no one should be surprised by this. they keep daily numbers on who

enters and there has been a weekly up tick for years. >> any headway for congress trying to find a solution? >> a lot of disagreement. lawmakers are trying to eliminate the push and the pull so there is a bill on the hill introduced that is bipartisan that would hold kids for seven days and give them the option of leaving on their own and then an immigration judge has three days to decide if there is credible evidence of persecution and then they would not be released into the community. critics say the kids are not being trafficked as slaves or prositu prostitutes. they should not be reunited and all departed and prosecuted for

paying to bring their kids here. 900 million over the last few years. some say cut it off, some say give them more. immigration is a head ache for men governors. nebraska governor complained about 200 children sent to his state and said they have a right to know what the federal government is sending their way. >> we want to know the name of the individuals, who their sponsors, if their sponsor is legal and what communities they were sent to. why is this a secret operation? >> mary fallon is the chairwoman of the national governor's

association and she is here. i think a lot of people in the country were not aware of how the system works until this crisis began. we have federal planes and buses meeting people at the border and sending them to all parts of the country and some have been proprosed to be sent to oklahoma as well with no heads up to anybody. hhs said they have to protect the privacy of the illeglals. >> it happened here. we have children 12-17 and got rumor of this about four weeks ago that we might be receiving children in oklahoma. but it a tuesday, a couple days later, we had a national phone call that said we would be receiving some of the children and by wednesday they were there and by friday i went down to fort sill to see what

was going to happen in the state. these are children first and r foremost so we want to treat them humanely. but we have sent had a failure at the time border and sent the reading for south america that they can come over and we are not securing the border. this huge influx that shocked the nation and the governors that are very concerned about the impact it is going to have on our individual states at a time where we have our own problems in our state. >> what kind of notification? you say there was a national phone call -- how were you alerted? governor this is who calling saying we are going to send bus loads of people to your state? >> i was alerted from the media.

it was probably friday-tuesday until i got official word they were coming to oklahoma. it was a shock to us because it is a military instillation we are taking the children to. it as a community as well. we had a lot of questions left unanswered. so i went there personal to ask and on my visit i was told not to record anything, ask questions, take pictures, be silent and have a quick tour. i asked questions, i did talk to them. i did want to see what was going on. >> what did you find? >> i found out there was an outside organization that has been contracted by the federal government that setup what they wanted me to see and i don't know what is behind the doors or scenes. but i saw nice cots, sheets, blankets, a room with beds, activities for the kids, a

health care clinic, i saw case workers talking to the children. children calling home or talking to their sponsor here in the united states and those are the things i saw. but since that time the population has doubled in oklahoma and half of them have been released to sponsors and my question as a mother is who are the sponsors? family members? relatives? someone that made to have this child brought to the united states? are they being trafficked here? how they are protected as they come from the different countries? lots of reports of sexual abuse and we are hearing maybe the 10-year-old girls maybeant becau -- maybe pregnant because of the

journey -- we have to send a strong signal don't send your children here to get control of it. >> it must be a strange situation to be the governor of your state and go into a facility and be ushered through it and shown only what they want you to see. that seems odd, doesn't it? >> it is. i am responsible for the state of oklahoma and when i was told i could have a tour and i wanted to go and took my health and human service secretary -- secretary of house basically because i was concerned about the health and what they were bringing into oklahoma and the community and the workers there but we were told not to ask questions or pictures. i asked the legal council i am the commander for my state and

can i ask questions? and he said you can but i don't know what they will do to you. >> have you talked to the white house or president about the health concerns coming across the border? >> we had our national governor and we were glad to have a conversation with the health secretary who has been on the job for six weeks and had to assume responsibility were this. we had a blunt conversation about the governor's concern about our states and the education system, the health, are they being released to illegal immigrants that are already here. almost half are going to see illegal immigrants here.

>> some reports say they don't know how old the kids are. some are going into 9th grade say they but it is impossible to prove how old they are. so many complicated issues. thanks so much, mary fallon. oklahoma or massachusetts -- so many towns are dealing with is. all star fair well for derek jeter. welcomed by a long ovation last night at target field. >> now batting for the american league for the new york yankees the short stop number two derek jeter! [ applause ] >> piping in that sound there. fitting he went 2-2 and helping the american league go on to win. 5-3 over the national which

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>> dean martin? >> maybe. starbucks is telling its works to stop making the record-breaking drinks. it comes after a man ordered a $60 drink and another man in texas ordered a $54 drinks. how are they making it through the day after all of that caffeine? starbucks says beverages larger than 31 ounces cannot be made. >> the caffeine is in your fort lauderdale -- blood -- the irs is holding a hearing on the justice response of the targeting of conservative groups. and another federal employee hard drive disappeared:

>> she worked with lois lerner in her fec days. but what is is troubling is another hard drive crags crashed. >> byron york is here to talk about this. eight employees with e-mails missing and their hard drive is destroyed. >> who knows how high the number will go. what is really important here is remember when we learned that lois lerner's e-mails were not available? a lot of officials said don't worry we will be able to reconstruct her e-mails because we will go to the people she talked with and get them from their hard drives. but the real interesting people is a woman named april sans who worked with lois lerner at the

federal communication. she came under investigation for overt political activity on the job which is a violation of the law. when the inspector general wanted to look at her e-mails darned if her hard drive had failed and been recycled, too. so people who are investigating the irs scandal don't know if there was communication between april sans at the fec and lois lerner at the irs. that is up in smoke. >> you paint an interesting picture. if you try to follow the bread crumbs on the story it led to an attorney, april sans, african-american woman or during federal time she was sending out

tweets that said i don't understand how anybody but straight white men could vote for republicans. that is against the law. you cannot do that as a federal employee. >> that is right. they cannot engage in political activity while on federal duty. and these tweets, there are a bunch of them, suggesting that people should contribute to the obama campaign. it was a clear-cut case of misbehavior on the job and the way we learned about the hard drive failure was with the inspector general looking into this activity and discovering that fec officials, somebody in the organization, destroyed that hard drive. >> we'll see who is next. byron york, thank you.

a crazy scene outside a court house. that is not going well. what sparked this and caused a jail to be put on lockdown. jail to be put on lockdown.

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a mother of a child who died while trapped in a hot car last month is speaking out for the first time. the lawyers said he is quote devastated by her son cooper's death even though questions are being raised over her involvement. jonathan hunt is live. what did this say? >> the attorney said harris is

going through every parent's worse nightmare -- the loss of a child. for most importants it is difficult, if not impossible, to understand a thing. but for her that nightmare is all too real. she will never tuck him into bed and return to check on him again. and the attorney said harris' nightmare is being made worse by the media saying quote newspaper, television and online media have fostered a poisonous atmosphere in which every word, action and failure to cry in front of a crowd is being scrutinized and the attorney asked for everybody to leave her alone so we can grieve in peace. >> and no charges have been

brought? >> no charges whatsoever. but a detective at hearing for her month did question her reaction when she went to the school where young cooper was supposed to be and was told he wasn't there. >> she states all of a sudden ross must have left him in the car and they are like what? there is no other reason? ross must have left him in the car and they tried to console her and they are like there is a thousands reasons. and she is like no. >> justin ross harris is in jail accu accused of the murder of 22-month-old cooper. the acting head of the va is on the hot seat in a moment about cleaning about the agency that is under fire.

>> and a high stakes show temperature -- showdown as the white house defies a congressional order. >> he would do his party and country well to sit down with john boehner and others.

>> white house same immunity for an visor refusing to make him tm available for a hearing to start any moment now. brand-new hour of "america's newsroom." bill: they want to know about the white house political strategy. they wanted him at the hearing the white house is saying it ain't going to happen. chief white house correspondent ed henry is leading this hour.

how much heat is on the white house and the president over this? reporter: the problem is more that he is under siege right now if you look at the irs probe that will not go away, the missing hard drives, in a series of subpoenas. that is where they are vulnerable. on the specifics in terms of darrell issa suggesting somehow that the white house is improperly coordinating campaigns and fundraising activity, the challenges the democratic and republican president had an office of the white house, the president using air force one to fund raise the fact of life, democrats and republicans to an awful lot of fundraising. they key is, is there a specific document that shows something was@,֖ done improperly, otherwe this goes on for a while.

bill: this is another controversy for the white house, are they sweating this one out? >> i suspect they're more concerned about the irs that will not go away, they have been swatting that away as well, but we believe that the west wing you have a president who will be balancing his everyday responsibilities with fundraising. i suspect the irs and other things that won't go away will be a bigger headache. bill: martha has more now. martha: stonewalling investigators again and again, the president of the united states saying "so sue m me." you have heard that quite a bit. is the white house under siege? our own chris, good morning.

so, the approach to this information, that information, it appears to be no, sorry. >> it is whatever, who cares, the kesha presidency. disregard anybody who asks for it. questioning anything you demonstrate your not a supporter of the administration and the president, therefore your inquiry is invalid. it is a loop in which you say because you want to know, you must be bad, therefore we ball not tell you. bill: is it possible the g.o.p. has gone too far? there doesn't seem to be too much there at least for this inquiry into political activity. most presidents have that.

>> something the bush white house had that going on, but we don't know what he is asking for because we don't know, but we do know whether it is this or at henry mentioned the irs and recycled hard drives or if it is a listenin litany or issues, are the overplaying their hand? sure. i would argue different than most presidencies including richard nixon, with the president is on, his presidencyr says we are worried about what congress will say. they say would ever, we don't care, we do what we want. whether or not they can outclass public concerns, i don't know, but that is what they will continue to do.

martha: no wonder if some way ws they wonder that will work for them if it accumulates, they will be picked on and under siege. that doesn't one of the comments in the vein of what you are discussing. president obama: middle class families can't wait for republicans in congress to do stuff. so, sue me. martha: so, sue me, the president says. as a contract talks about the impeachment phrase and how the democrats may adopt that ball pl meme and that could be bad for republicans. >> much as they did with the whole issue around the president's birth, it will be democrats and their allies in the press talk about impeachment way more than republicans. if you recall in 2007 or so, it became a fixation on the american about impeaching

george w. bush. we never stopped talking about it, it was a large focus of debate. as far as for president obama, so far not much. seems like a fairly small percentage is interested in that topic at all. what you will hear is a lot of talk from sympathetic voices in the media that this is a real thing trying to create an atmosphere of a president under siege from right wing crazy people. martha: thank you very much, we will see you next time. bill: acting head of the va making his first appearance before congress since taking over two months ago. explaining how he is going to clean up the mess at the va hospitals, senate this want to know about the long waiting lists and how they plan to hold people accountable.

what did gibson have to say so far? >> it is just beginning. he will lik likely echo what he already told president obama, his look has shown systematic problems and cultural issues and preventing veterans from getting timely care. updating the projection of how long it will take to fix this, what kind of personnel will be needed and what reason it got so bad that they died waiting for cares for the system. gibson has only been on the job six or seven weeks, he took over when former be a secretary stepped down amid the growing scandal, gibson came into the va ever heading up the uso, by the way. expressed have questions because this is an issue that upset most americans, for care veterans and

a spec concrete answers on the scope and the remedy for the problem. bill: he will not be in this job very long, will he, molly? >> they looking for former corporate executive to fix the va mess. nominating the former head of procter & gamble to take over there. he has not experienced graduate in from west point serving in the army for five years but mostly experience has been in the private sector. you saw a moment ago bernie sanders has set a hearing for next tuesday and so far the top republican on the committee, north republican senator has not really said anything that might suggest republicans would scuttle this combination, but we will see what happens at the hearing next week. bill: thank you, in washington. martha: leslie president obama defended his decision not to go down to the southern border. yesterday he made himself

available for the cameras. >> so exciting. martha: does the white house only like certain photo ops? we will talk about that coming up. bill: a special delivery arriving, what was on board in that delivery. martha: have you ever had a hard time trying to cancel something? who hasn't? it is impossible. cable service company called that has now gone viral. >> i am trying to get information, okay? that is my job. >> i can guarantee you right now you're doing an incredible good job helping your company viewers

i do a lot oresearch on angie's list before i do any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. bill: a cargo ship filled with interesting supplies arriving at the international space station.

the stations commander used a giant robotic arm to latch onto the castle and haul it in. carrying more than 3000 pounds of food inside, and new odor resistant gym close for the astronauts which can be a good thing, they tell me. martha: send them over to my house. senate majority leader harry reid raising a few eyebrows despite tens of thousands of unaccompanied children streaming across the border illegally creating a humanitarian crisis. senator harry reid took the microphone to save the border is secure, he said. charles had this to say about that. >> harry reid saying the border is secure, you have to wonder if he is on his medication or not. that is so detached from reali

reality. how many do we have now? 60,000 kids who come over, we are completely helpless, it is the helplessness driving the president and the democrats to accept. martha: unofficial official opinion on that. former g.o.p. precedent fox news contributor. gentlemen, welcome, good to have you. why on earth would he say the border is secure, what is he thinking? >> he is not write about it. he's a little tough and disrespectful of the language, but playing a little partisan because both sides are screwing it up. this is a real crisis and we should call it what it is, a humanitarian crisis with kids escaping violence, unspeakable violence coming to our borders, we should treat it that way on

both sides. instead what we are doing is another opportunity for partisan attacks. martha: do you wish the president would talk more about the children and the families? >> i do. at least offered plans. republicans can only go after him about photo ops. they should be out there debating right now and decide to do something about it, but the presidents plan should announce more of a crisis plan. >> not even democrats believe heavy read. what you have seen in my opinion, martha, is some bipartisan consensus within the congress did three democrats represent border districts who have sided with the republicans in this case is a we do need more security. bipartisan bill which would modify the 2008 law that has

prevented us from sending back the central american kids. martha: we have to modify that law. another big issue is people want to know what the president is doing about all of this. said you cannot allow these people to traverse your country, you need to speak to us about this. has he? why wouldn't he? >> i know he has been offered a plan. martha: all the money in the plan is like what do we do with the kids, you have to talk to these countries. >> i agree with you we have bigger bigger than this and treated for what it is, this is a complicated and difficult issue. instead of using it for partisan attacks --

>> look, there is bipartisan consensus, congress is working in a bipartisan way. the speaker scheduling a bill next week to be voted on. the present wants to spend $3.7 billion, a year ago it was $2 billion. where does this have to come from? they said we will deal with it, 1.7 we don't know. they're going 45 miles north of the border, what good is a border patrol not patrolling the border? the president revealed this has gone well out of his control, he doesn't have any idea how to solve this problem. martha: critics say we are happy to let this situation if they wanted to stop it, they would have stopped it. >> why would he not want to stop this? >> we predicted this, even the head of dhs said we knew in

october this would be the issue based on executive action deporting children coming to the country legally. the president still has no response. republicans from congress traveled this week down to the central american countries like honduras this verse the fact they are sending their kids who are facing these treacherous conditions to travel to the border were going to do it anyways. >> we are going to keep coming. the matter what phone calls to make, they are fleeing unspeakable violence and they will keep coming. >> party most dangerous thing but what is going on is they are across mexico. >> it is happening.

martha: very volatile as you s say. bill: 19 pass. legal maneuver or something more? would the pentagon is saying about this next step? step. >> say he is a flight risk. >> he is under no obligations. thank you, everybody. bill: a fox news much analyst on deck, stay tuned for that. martha: a while the time on the furniture store. maybe he is looking for some living room furniture. sfx: car unlock beep.

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unexpected visitor. a dear sponsor the back back door in modesto and he spent nearly an hour running and hopping along the sofas and recliners. he slammed into a window. wish this story had a happier ending. as panicked and thrashed around and got seriously injured and they had to put this deer out of its misery. that is how it ended, the end. >> there are allegations but just having allegations doesn't restrict your freedom of movement or place you on any restrictive status by the nature of somebody alleging wrongdoing. there will be a fair comprehensive investigation and we will move on from there. bill: a lot of question stamp he a pentagon press secretary on

the bowe bergdahl latest b. he is getting legal help, hiring the teacher of the military justice and law school. how are you, sir, and good morning to you. >> good morning. bill: what does it mentioned the macsuggest toyou that he has la? >> he is a guy that has least information. my guess is he would be antigovernment, antiestablishment, antimilitary and do everything he can to make sure his client gets out scot-free, gets back pay, pow status and lives happily ever after be at bill: what we don't know is if sergeant bergdahl came up with this idea or somebody advised him.

>> great point, who is going to pay for this guy. bill: how do you prove collaboration when you're back home in texas? >> that is a tough one. bergdahl will say he didn't collaborate. there are various sources that say there was indication he did collaborate with the enemy but to prove he collaborated he will have to provide intelligence information, hard intelligence information that would reveal methods. any charges of collaboration would be fleeting. bill: what about awol? is that at a minimum? >> no doubt it was awol. you can be gone awol and get a slap on the wrist or you can get production to one grade or lose a little bit of pay or spend some time in the brig depending on how long you were gone.

desertion is the real key here. the government may want to charged with desertion of the attorney will say look, he was awol, we agree to that but he did not desert, wanted to come back the taliban would not let him. at the end of the day a good attorney will find out this guy will not be able to charge with very much at all and frankly the army is in a tough position. the army has to support the white house a little bit because this guy was released and traded for five taliban figures, we cannot make him look worse than he is. bill: a minor charge would be that is what the white house wants? >> that is exactly what they would want. may be difficult to find him guilty of anything other than awol. other than a reduction to private, reinstate his allowances.

what will come out is whether or not he should be granted pow status. this will be a new type of case that has not been looked at before. he was taken prisoner, but wasn't taken prisoner because of his own actions. it is determined he was a pow, he can get $2500 per month for the rest of his life the government, special medical privileges other veterans don't get, educational benefits other veterans don't get. the end of the day, the issue will be was this guy a pow or not. most veterans like me will say absolutely not. bill: he hasn't been it. about this yet, so we will see if that changes. appreciate it. martha: continuing on what seems to be a very long book tour she is still on. how jon stewart got her to say something pretty revealing.

bill: a live look, the house lange the groundwork for a lawsuit against the president. what will that accomplish? >> i think the president's orders should be nullified and he should come back to congress and request changes. we will make our case, we will make his case, and we will see.

bill: for the top legal scholars appear to be before the house rules committee. a plan to launch a lawsuit against the president over the abuse of executive action. we talked about committee member tom cole, republican from oklahoma on this. >> we think there has been a consistent pattern of overreach by the president, the obvious example of courses obamacare where he has unilaterally changed the law over 20 times. there are other instances as well of unilaterally changing the law was contributed to the crisis we have at the border right now. we think the appropriate venue is to go to the court decide

whether or not we are correct. we have a strong disagreement with the president. bill: serving as an aid to the obama team in 2008. gentlemen, good morning to both of you. is there a case to be made here, or not? >> there is absolutely a case. they tr tried to say this is an election year stunt that this is nothing more than republicans and john boehner kind of put pressure on obama, but that could not be further from the truth. obama said if this congress won't work with me, i will work around them and that is what he has done, he has broke the constitution and broke the law, he has to go to court. bill: you think this is a stunt, right? >> i do. the conservator who appears on this network frequently called it as much, called it a political stunt and a waste of taxpayer dollars. even sarah palin, somebody i don't often agree with

foresight, as you would imagine, said you don't take a lawsuit to a gunfight. while i don't necessarily agree with her. bill: some on the right are referring to impeachment. this isn't about impeachment. described trying to get the court reversed decisions they do not agree with and believe were made by executive abuse of pow power. >> republicans are huddling up to decide if they have this, federal courts don't give standing on court cases against the executives, they don't like resolving disputes between the legislative branch and indicative branch and certainly didn't do it previously. bill: they did a month ago. remember the recess appointments came down? let me get back to tyler on this, part of the issue for republicans is that obamacare

has been changed three times and part of the issue for republicans they believe the bowe bergdahl case with another violation, you have to give 30 days notice before you release anybody from gitmo and they were given 30 minutes if any time at all. >> executiv executive order is t anything new. there may have been times and places executive order needed to be used but what president obama is using executive orders for is to literally go around the constitutional authority of our congress. and so all the united states house and senate is going to do is ask the court to do its constitutional duty by readjusting the executive rights and executive orders that have been laid out to date, because we have a criminal president who is out of control.

>> tyler is going to get a headline for that. the reason we think this is a political stunt is because it is. where was john boehner when george w. bush was rolling out medicare part d, ended the same exact thing, to delay certain provisions of the law. did not change the law, but instead changing the way in which it is implemented. where was john boehner in calling for a check on a decorative power? bill: let's deal with today for now. you are arguing the court does not want to read too much into it, but they did a month ago. >> they're doing it less and less. there is a legitimate challenge and a legitimate concern over the growing power of the executive power. i think the way to put a check

on it is democratically passing legislation which is what the congress is good at instead of taking the court, rember this is a part of that is against court reform and has villain iced trial lawyers and now they're going to solve all the problems in the country with a lawsuit? >> you said let's do it the old democratidemocratically and pass legislation. the president is ignoring legislation. ignoring the law. >> there is no legislation. >> he just ignores committed against the law. >> a new poll says they think it is a stunt, folks and job creation. bill: we will see what comes out of this committee. martha: a battle over the

national gas drilling process in this fracking in north texas now headed for a public vote. after a petition to ban it fell short. casey, where is this happening and what has happened with it? >> good morning. just a hop, skip and a jump from dallas. 40 miles or so from the north of here. not an extremely big place. community of 1300 people. the reason why this is the focus is it sits on the shale which habits bill: of the largest natural gas reserves in the u.s. of a. so hydraulic fracking or fracturing has been done there in the past. as you note, the process of injecting water and chemicals into the ground to force out natural gas. look at these pictures, more than 500 fired up people came out last night's city council

meeting, gathering in denton. >> fracking is a drag on our economy. it makes the development more costly and they want to attract high quality of life. poison is fracking 200 feet from the home doesn't quite fit that bill. >> after more than eight hours of public testimony at that meeting, lot of talk, they voted down the bill which is going to go to the ballot in november. they will ultimately decide on this, martha. martha: it'll be interesting interesting to see what they decide. >> no matter how you slice it, it remains controversial, it has been controversial. opponents pleaded causes significant environmental

damage, it wastes water, which we don't have a lot of in texas and it creates a lot of air pollution. while supporters say it has been good for the local economy, some 280 gas wells generating revenue for both the city and also land owners. >> reasonable and responsible oil regulations to protect the city, the land, the environment and protect the property owner and the mineral owner rights. to protect our local economy. >> if voters passes on the ballot only the first texas city to do so. little ironic considering this is a state, martha, that prides itself in oil and gas producti production, so to be continued, we will keep you posted. martha: thank you, casey. bill: a brawl breaking out at a courthouse and getting so bad, he said, police had to put in nearby jail on lockdown.

we will tell you how this turned out. martha: the non-campaign of hillary clinton as democrats line up behind her like 2007. is this calendar that she is on her biggest enemy? we will talk about that. >> do you prefer to sit in traffic or cause it? [laughter] >> i really hate to cause traffic, and sometimes i do, and i deeply regret it.

martha: in 2007 when it seemed hell or a clinton could do no wrong in her run for the presidency, we know how that time turned out, suggesting mrs. clinton is democratic favorite. seems the best democratic option at this point. last night on "the daily show" jon stewart tried to get her to make an announcement. >> do you have a favorite shape for the home office? would you like that office, would you like to have corners or not to have corners? >> you know, i think the world is so complicated, the fewer corners that you have, the better. [cheering and applauding] martha: that it is close as she came as you would like the next office to become oval.

campaign manager for ronald reagan in 1984 and fox news contributor and former howard dean campaign manager, welcome. good to have you here. it is hard not to look back at the hillary clinton process and think about the way it was then and how absolutely assured it appeared as she would make it to the nomination and wonder what is being done differently this time and if they are going to avoid the mistakes of the past. elizabeth warren question, how do you think this is going for her? >> she hasn't had a great book tour, but she is most formidable democrats out there and even though she had a bad run the last time, she came within 120 delegates. you learn from this game. she is formidable in the fundraising part, the obama phenomenon last time my sense if she wants to run be the nominee of the democratic party be at

can she get away from obam obama. if an unpopular by the time this term is over. how can she do find dignity and for america. martha: do you think this would happen for her again? >> she is a quick learner, she actually is a lot looser this time as she is still cautious, but getting out there and doing this book tour, i'm not one of these believe she has decided to run yet, but i do believe if she goes, she will be the nominee. some of the other democratic candidates are getting to notice getting to the press recently, still formidable but again like last night, she is not taking at least thus far is not taking it, she is not taking itself too

seriously and that is helping her if she can keep that side of her going, it speaks well for 2016 if she decides to go. martha: what do you think is the biggest hang up? >> i am not sure what anybody sane runs for the president anymore. i do think to get out there, do the interview, get a sense of if they have the drive to do that. listening to see that she does but that is how it is about. as testing of the waters and seeing it and enjoyed enough to go.

>> you have to be crazy to run a campaign too. >> that is true. we are both nuts. martha: thank you. we are all in that vote. bill: an epic service call has gone viral. >> so why is it you don't want the faster speed, helped me understand why you don't want faster internet. >> i don't understand why you can't just disconnect us.

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bill: is minutes away on "happening now." a potential lawsuit the president from house speaker john boehner. and the sanitary faces lawmakers on the hill for the first time about the growing scandal in that agency. immigration, is it becoming the issue for the midterm elections? the new results may surprise y you. karl rove with his predictions for the midterms. paul republicans take the senate? and are conservatives holding back on contributions because they are afraid of the irs? coming up on "happening now." martha: a court hearing turns out to an all out brawl when the this start flying. that is what happens when the police broke up the fight of the families and to murder suspects. a jail bein been lost down in

sacramento. during the arraignment, the family of one of the accused men started to laugh think intentions even higher than they already were. two women were taken into custody after that role. bill: another brawl. cable company comcast doing damage control after a phone call between a subscriber and customer service reps went vir viral. here is part of that. bill: melissa francis, "money." how are you? he could have hung up the phone, but he was trying to decide his service.

>> ryan block was trying to disconnect his service. on his twitter page he describes himself as a product at a well, a fighter and lover of ads, his wife is a web show host. these are two people who are very media savvy and you recognize this for the delicious content that it is. they knew as the conversation was going on this was something that could potentially go viral, which it did, that is why they recorded it. bill: it went eight minutes in length. here's more of it now.

bill: that is coming, i guess. >> to be fair, comcast has apologized at length. they say they do not train their employees to behave this way. but let's be fair, this is a huge problem for cable companies and anybody else find retain service, and you feel there is some sort of attainment rate if they are able to get people to not hang up on them and not disconnect their services. they offer you a great deal, they do everything they can to keep you. wall street really focuses on this be it with the past two quarters has retained people rather than losing them, they've seen growth. this is a something they're going after although they say they don't sanction his behavi behavior. bill: a comcast officer says unless i know what your problem is, we cannot correct it in the future. the level of competition and cable companies is enormous as evidence by what our parent

company 21st fox is. >> talking about the bid of time warner to get content in one place. cable providers, not getting people to hang up. it is a very competitive atmosphere out of there. comcast not wanting to lose their focus. when you're talking to one, you are talking to thousands or this case millions. so be careful, it is out there to embarrass you forever. we know that well, right? bill: see you at 2:00. >> 2:00 p.m. eastern on fox business. martha: right now on capitol hill there is a hearing on the plan to sue president obama. he will have a live report on how that is going.

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martha: this is hard to believe. it is 15 years since we brought you the shocking news about the death of john f. kennedy, jr. the son of the former president was 38 years old when his

single-engine plane plunged into the ocean off the coast of martha's vineyard. he died with his wife carolyn and her sister lauren business set. tough day. bill: calm days off? martha: calm days off. see you next week. bill: reunion will happen then. we have to run. martha: "happening now" starts right now. jenna: today's boehner versus obama with breaking developments in a potential lawsuit. hope you're off to a great day so far, i'm jenna lee. jon: i'm jon scott. we're live on capitol hill where the house rules committee is holding a hearing on the resolution that would give the house speaker the authority to sue the president. this as the gop lays the groundwork for lawsuit over executive actions charging the president has simply gone too far. democrats on the committee say the lawsuit is nothing more than a political stunt. >> branches of