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 government have

always attempted to exert their influences on other branches but the president in my opinion has gone too far. >> this is purely political exercise that we have before us. jurisdiction of the rules committee includes this resolution and we will be the only committee to hold hearings and to mark up this resolution. that gives us a special responsibility weigh these issues carefully. the lawsuit is preposterous. it's a political exercise and if history is our guide we will have little chance of surviving in the courts. jon: chief congressional correspondent mike emanuel is live on capitol hill with more on that. mike. >> reporter: jon, good morning. if you are convinced president obama has overstepped his authority, one option congress is taking him to court. so right now the house rules committee is meeting to authorize the house to sue president obama, making the case that postponing the employer

mandate of obamacare was in effect creating his own law which is beyond presidential power. the rules committee chairman insist this is is not a political issue and should not pit republicans against democrats. >> the testimony that we hear today will look deeply into the crux much our constitutional system and the rule of law. any person interested in our constitution and, what i believe is our brilliant system of separation of powers should be worried about what is currently happening in this country, and that is why we are here. >> reporter: the president joked the house is going so sue him for doing his job. he notes other presidents have used executive orders more than he has so far. republicans acknowledge he can do some executive actions but rewriting obamacare goes too far. a short time ago top house democrats blasted their gop colleagues. >> we do not need on that same day another republican lawsuit to advance their partisan aims.

we need solutions to protect the middle class's pocketbook. >> they have wasted taxpayers time and money with costly government shutdowns and frivolous lawsuits. it is time for a change. >> reporter: as part of the house rules committee hearing they're hearing from legal experts and their advice has been they should not sue with a laundry list of grievances against president obama. that is why house lawmakers are considering a targeted action going after his executive actions related to the health care law. jon? jon: mike emanuel. thank you. jenna: new investigation into the cdc finding even more dangerous safety lapses at its labs. the new probe coming after dozens of scientists were exposed to anthrax last month at a lab in atlanta. now we're learning about the mishandling of other diseases across the country. this has the cdc's director in the hot seat this morning on capitol hill. >> cdc had ample warnings and should have been focused on the

problems in their containment labs long before the june anthrax release. i just don't understand why they didn't heed those warnings. dr. freeden has indicated that he was as surprised as anybody bit scope of the problems. the fact, that, dr. frieden you were so surprised is a problem in of itself. jenna: steve centanni in washington with the very latest on this story. steve? >> reporter: serious problems at cdc the head of that agency saying he will impose a moratorium on shipment of all kind of substances like anthrax until they can get to the bottom of this. in an incident last month at the cdc lab that handles bioterrorism agents dozens of workers were potentially exposed to anthrax when samples were sent to another lab without being sterilized first. nobody got sick but it was very dangerous. there was internal investigation. then a usda investigation and now capitol hill, congress is looking into it. the chairman of the committee in today' hearing. listen. >> what we have here is a

pattern of reoccurring issues of complacency and a lax cult of safety. this is not sound science and this will not be tolerated. these practices put the health of the american public at risk. it is sloppy and it is unexcusable. >> reporter: now the cdc director was in the hot seat today and acknowledged there are serious problems he is trying to address. listen. >> what we're seeing is a pattern that we missed and the pattern is an insufficient culture of safety. we're now implementing every step we can to make sure that the problems are addressed comprehensively in order to protect our own workforce and strengthen the culture of safety and continue our work protecting americans. >> reporter: the cdc also discovered vials of smallpox in national institute of health facility outside of washington and in march, workers at a high security lab accidentally sent samples of the dangerous bird flu to outside facilities.

an incident went unreported to senior cdc officials for weeks. so that hearing underway on capitol hill to find out how all of this could have happened, jenna. jenna: sound like a good question to find the answer to. steve, thank you very much. jon? jon: we're learning more about where republicans plan to put their money in the battle for control of the u.s. senate. so far eight state senate races which national republicans are pouring in lots of bucks. alaska, arkansas, montana, colodo, iowa, west virginia, north carolina and louisiana. south dakota also seen as a potential pickup. karl rove, one of the top republican strategists in the country. the rove-backed american crossroads super pac is focused so far on six states. are they looking to expand the map? what are his predictions? let's ask the man himself, karl rove is with us, fox news contributor and former white house deputy chief of staff. amer of the big super pacs. you're spending money in which states? >> well right now we have placed

buys in six states. i think we've been spending money in seven. but, part of the what we're doing here is we're locking in time. for example our big except expenditure in fall after labor day is alaska, we had to do that to lock in time. we bought $5.1 million worth of tv advertising. in other states there is not as much competition with tv times so we'll place our buy as little bit later. jon: the, let's talk about, take a look at the "real clear politics" map of states that the gallup organization and "real clear politics" think might be potential republican pickups. >> yeah. jon: do you agree with that map? >> think about it this way. think about three, four, four three. there are three states, montana, south dakota, and west virginia, that were won by mitt romney where the democrat incumbent senator has retired. those three are likely to be republican pickups. the republicans lead in those three states in "real clear politics" average by double

digits. there are four states that are, were won by mitt romney, alaska, arkansas, louisiana and north carolina, where the democratic incumbent is running for re-election. those will all be dogfights right to the end. there are other states that were won by president obama, colorado, iowa. today there is a new poll out in iowa showing republican joanie earns is ahead of democrat. two other states, michigan and new hampshire, where the republicans are highly competitive. there are three states with very good republican candidates that could develop late, minnesota, virginia and oregon. we have 14 seats, democratic seats in play. at most we have two republican seats, kentucky and georgia. jon: what are your predictions? how many seats do you think republicans might pick up? >> i think too early to say. i think republicans very likely to take the montana, south dakota, west virginia treo. they're likely in the four red state with democrat incumbents and take them or four. something else good will happen in iowa, colorado, michigan or new hampshire or multiple

states. there could be a real surprise from last three. i think republicans likely are to end up with 51 or 52. but this is going to be a dog fight right to the end. democrats spent a lot of money. taken a page out of obama playbook and trying to irradiate republican candidates to disqualify them in voters mind by labor day. jon: a lot of it, much depend on the viability of the candidates. >> right. jon: you saw last time around that some republican candidates shot themselves in the foot and ended up not winning states that should have easily gone gop. is that going to happen this time around? >> i don't think so because the quality of republican candidates is really much better now. we have a couple of primaries left to go. alaska, kansas, tennessee. thus far republicans fielded superb candidates and candidates who were sort of todd aiken-like have fallen by the wayside. jon: we mentioned earlier you run crossroads gps, the super pac. article in the washington examine are says republicans are

falling behind in that kind of big dollar fund-raising. here's part of what david drucker, the author of that article says. he says, this election cycle two new challenges chilled gop super pac efforts to raise cash from wealthy individuals and corporate donors. anxiety they could get slapped with an irs audit and unease donate could lead to public demonization. demonization like harry reid is doing with the koch brothers virtually every day in the well of the senate. >> this worked well for them in 2012 when they picked out five donors to mitt romney and went out to demonize them this is becoming a standard tactic of the left. i sense it in my work with crossroads. i sense it from some donors they're worried about it, but most of them it is irritating them. you need to look, david i hope it is premature in this observation. one thing that the democrats do have is they have got harry reid out there beating people up for major gifts to their pacs.

mitch mccon them on other hand is preoccupied with his own re-election as he should be. democrats have super pac donors, come from wealthy personal industry trial lawyers or unions. they have significant amount of mom niched those sources are easy for democrats to tap and ready to generously contribute to their efforts. jon: if it is all true, if there is modicum of truth to the notion that people are afraid to give money to political cause because they are afraid to get audetted by the irs we have reach ad pretty good point. >> when you have the president go out in towson, maryland and depict republican supergroups and pac as enemies of democracy, this starts from top down. a lot of people heard these things, known what risk, nonetheless step forward to help because i care deeply about my country. jon: that will be an interesting battle this fall. karl rove. >> every single day of 111 days left in the election. jon: you will be a tired guy.

thank you. jenna: another big story we're watching today is of immigration. with the flood of illegal immigrant children coming across our border often unaccompanied there is reports out in los angeles, one agency is placing ads in local newspapers looking for foster families to take in the children and promising $6,000 a month or more in reimbursements for that service. the ad claims that in as little as 45 days you can become a certified foster care provider. that agency is now responding to those reports saying this. in relation to the amount of pay being mentioned, to clarify, a qualified foster parent is paid out differently based on state you live in. it's a state that typically sets total dollar amount per chide and dependent on the child's age that eligible and qualified foster parent can receive per month. we're merely following standards in the state of california. that is one headline out of california today as big question remains what exactly will happen to these women and children who

are now in our country illegally? what is next for them? a little later this hour we'll talk to a supervisor saying feds are potentially trying to bring illegal immigrants to his town in up state new york. wait until you hear where they were think about housing them. that is coming up 20 minutes from now. jon? jon: look forward to that. frightening moments for one of america's most famous families. an intruder arrested at the kennedy compound in massachusetts. who the suspect says he was trying to find. plus, spreading backlash in the immigration crisis. as more protests pop up in states across the country. we want to hear from you. do you think immigration is a number one issue for the november midterms? our live chat up and running now. go to foxnews.com/happeningnow. click on "america's asking." you can get your thoughts into the conversation. defiance is in our bones. defiance never grows old.

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jon: right now the pop star rihanna apparently has second thoughts about showing support

for palestine. the palestinian people i should say amid their latest clashes with israel. she tweeted hashtag, free palestine and it got retweeted some 7,000 types before she took it down. a source says rihanna clicked on an article and it automatically posted the tweet. police arrest a man for bringing into the kennedy compound on cape cod. a kennedy family member calling police last night. officers say they found a 53-year-old guy in the kitchen that he said he was looking for singer katy perry. go figure. former secretary of state henry kissinger is resting after undergoing heart surgery in new york. the 91-year-old had a valve replacement yesterday. dr. kissinger served under presidents richard nixon and gerald ford. he was awarded the nobel peace prize in 1973. jenna: the backlash over the immigration crisis is growing across the country. protesters in several states are trying to block illegal

immigrants being bussed to their communities. this is weeks after murrieta, california, stopped buses from coming into their town. william la jeunesse with the story. william. >> reporter: the i am administration is trying to house thousands of illegal immigrants it allowed but seeing family and friends not deported but reunited in the u.s. to stay. latest example, the ad you mentioned from a non-profit under contract with the feds, offering to pay loving, compassionate couples $6054 tax-free a month to care for unaccompanied refugee minor. the charity confirmed to us they are being paid by washington to find housing for these kids. elsewhere in michigan, locals protested an effort to put those kids in a juvenile home there for delinquents. outside tucson demonstrators squared off over plans to take over a local boys ranch to place 50 unaccompanied minors.

others want them sent home. others say they deserve protection. >> they have been through tough stuff. i don't think that is the way they should be treated. we're seeing. >> we're being invaded by probably hundreds of thousands of illegals by the time this is over and done with. who are big diseases, gang members. >> reporter: while the administration says it is overwhelmed, it can't say it wasn't warned. the border patrol keeps daily numbers on who enters and where they comfort. so this emergency unfolded for years while washington provided some $900 million in aid to el val have door to guatemala, and honduras to address the problem. lawmakers are considering a bill streamlineing repatriation. giving a judge seven days to decide the case, home or asylum, jenna. critics say, here is the problem. it still allows unsub standed

claims t allows for attorneys. fails to deport parents who pay for children to be smuggled here. doesn't address 2/3 of cases that don't involve unaccompanied minors. how big is the problem? backlog, 400,000 i immigration cases. 50,000 people offeredded deported but not in custody. jenna? jenna: wow, those numbers hit home. william, thank you. jon: the onslaught in the middle east is back in full swing with airstrikes on hamas targets, hitting gaza once again as militants volley rockets back toward israel. a live report from these very tense front lines coming up. and, an alleged high-priced call girl about to face a judge on charges that she slip ad google exec some heroin that killed him. vo: this is the summer.

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[explosions] [siren] jenna: rockets continue to rain down on israel todays as israel in turn retaliates. the conflict continues. david lee miller joins us from the border with the very late. david? >> reporter: jenna, so far today the israeli military launched 75 airstrikes over gaza. residents in three areas were specifically warned to evacuate their homes for their own safety. the israeli military made phone calls, left text messages as well as dropped pamphlets in these communities. hamas urged residents to remain home. accusing israel what it termed psychological warfare. israel is looking to destroy tunnels militants use to infiltrate the border as well as

rocket launchers. despite the aerial assault, militants continue to fire rockets. one barrage launched at least half a dozen. the white vapor trail we were able to see from our vantage point about one mile from the border appeared to originate from the very same area that israel had hit with an airstrike only minutes earlier. meanwhile, the death to here, only continues to increase. the most recent to be killed in conflict, four children. according to palestinian sources, they were playing at a beach when their was what appears to be some type after strike that took place. there are conflicts reports. some say the strike originated from a naval vessel. others say it was an aircraft. but the palestinians say for certainty hour, that four children were killed today during this conflict. so far now, more than 208 palestinians have been killed. one israeli has been killed. he died yesterday near the

border. it was a mortar attack. he was a civilian. the death toll in israel officials say would be much higher but for the fact that there is iron dome missile system. they say it saved countless lives. lastly diplomatic efforts at this hour continue in egypt. palestinians, egyptians as well as hamas are meeting together to try to make some progress on a cease-fire agreement. but also moving forward it appears israel's plans for a possible ground incursion. back to you. >> more on the story as it continues to develop. david lee, thank you. jon: georgia toddler too young to fend for himself left to die in a hot car. his mother is speaking out now. and stocks on wall street get a big lift, all thanks to some exciting news. more on that ahead.

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jon: still ahead, "happening now." health status far from the border could be affected. how the surge of undocumented children are streaming into our country. new fears the internet could be turning into big brother. how the fed are keeping their eye on you. court action in the alleged prosecutor accused of killing a google the theater by getting him with heroine.

slurries another case involving the very same woman. jenna: a quick look at wall street, stocks getting it take a lis lift from some acti activities. adam shapiro has more details of what is going on today on wall street. >> we hit a new intraday high today. we got big news from bank of america as well as u.s. banks, some estimates shares trading down today but the headline is the offer from 21st century fox which is the parent company of fox news channel and fox business network. $80 billion in stock and cash to buy time warner. it would have combined different stations, but the time warner board of directors rejected the deal not rich enough for them. they say they are not talking but a lot expect there will be another offer.

would have been worth $85 per share. they would have financed it with 40% cash, roughly 34 landowners. pretty impressive driving of the shares of other companies that only time warner, but discovery can indications this up, viacom and scripps networks. jenna: thank you be at jon: the mother of the georgia toddler who died while trapped in a hot car is speaking out for the first time. she says she is devastated by the death calling it every parents nightmare. this as her husband is facing murder charges in the case and questions are being raised about her possible involvement. jonathan hunt has more on this horrible story. >> the statement was issued by the attorney who appealed for his client to be left in peace tomorrow the death of her 22-month-old son, cooper.

the statement began by saying "harris is living every parents nightmare. the child as she bore loved every moment of his life has died, and added dealing with her grief has become more difficult as the days go on on however in large part because of the constant speculation and innuendo in the media. she has not been charged in her son's death but the speculation as the lawyers called it has been fueled in part by police officers appearing to be surprised by the mother's reaction when told of cooper's death. listen. >> she didn't show any emotion with a notified her of cooper's death, she made a statement it was her worst nightmare. >> after being told he was to see is going to just to see her son or anything like that? >> no.

>> cops say while little cooper roasted to death in a car parked outside his father's office, harris among other things he did that day was texting sexually explicit photos to several women. lawyers have argued his history is irrelevant and of course he himself has told police this was simply a tragic accident that he forgot his son cooper was in that car. jon: such an awful, awful story. jenna: mexico is now vowing to stop the flow central american migrants headed for the united states senate will tighten controls at the guatemalan border. the debate continues about what to do with the women and children who are already here. we're hearing as far away as new york state can serve as a temporary home.

published of less than 100,000 people. some of the people may be comi coming. supervisor, tell the viewers little bit about how you first found out your town may be a town that is used to bring illegal immigrants to a place to be house? >> sunday afternoon i received several calls from local reporters asking what i knew about it. i had no knowledge of the attempt. i contacted the business owner in question, he definitely confirmed that past friday members of homeland security and the border patrol had toward the building with the attempt of using to house these individuals and looking to be able to turn the building around in 72 hours. the building is totally inappropriate. a portion of a much larger

facility. it is in the middle of easter business park, 550-acre park in rochester. it is not a build in the stands all by itself, it is surrounded by industrial buildings. walls about 40 feet high with windows at the top so when you are standing in the building you cannot see outside. two bathrooms, no kitchen facilities whatsoever. it certainly did not meet the requirements of housing as far as smoke detectors, safe exits and what you'd expect for bear people would be living. jon: what was the government looking to do? >> they wanted to bring hundreds of individuals and they would stay there until the government was able to locate their parents wherever they may reside return the children. a question that because any parent would send their child across the river and said see you later, you are on your own, i don't know how easy it would be to find the parents later on.

jenna: they asked what his next for some of these kids. did you make contact with them? >> they noticed they have contacted me. no live within our community, yet have not contacted me. residents sent me many e-mails. we know the immunizations of these individuals, what is their history, lot of valid concerns no answers to any questions. jenna: was poked with a vice mayor don doing with a very simr situation the potential this could happen. he was told it would be between 14-17 and all of them would be male. did you get any more information or to the business owner learn any more specifics of who it would be? >> not at all. the only contact is our local representative.

when the situation was a pair of the over, sent out a press release saying they are not come into that building. i have not had any further conversation with the federal government at any level. there once again examining places in our community. they are looking at a home that is used for an orphanage years ago, now disused for troubled young individuals looking to cohabitate this facility again increasing numbers 60 or so individuals that this place was never designed to handle in addition to the current residence. jenna: it must feel helpless to notice is going going on beyond your purview as supervisor. >> i was told of the kennedy did not supported, they would not come here. they clearly didn't. i don't know how long before that is no longer adhered to. it'lit will be forced upon us ae will have to try to deal with it

the best we can. jenna: the potential buildings don't seem to be looked at any more for this vessel mentioned, said the question of where else in the community they could be looking so we will check in with you, appreciate the time. thank you so much. >> thank you. jenna: a lot of concerns, just spoke to supervisor in new york. in dallas as a judge who wants the children here illegally to come to his county. prepared to bring them in and we will talk to him during the 1:00 p.m. hour of "happening now." jon: a subway derailment turns into a criminal investigation. investigators found the cause for this deadly crash. who could be facing charges. plus the internet turning into big brother? the major changes that could happen over the next decade and

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jon: 60 minutes away from the top of the hour. "outnumbered." what you have coming up? >> republican-led house taking the first steps toward suing the president.

admitting the merits of the potential suit that accuses the president of making changes to obamacare it claims should have been left to congress. jenna: john kerry taking some heat after saying he gets a little uptight when he hears politicians say how exceptional the united states is. >> do your genes hold the answer to your love life? >> plus our hashtag one lucky guy at the top of the hour. don't miss it, back to you. jon: thank you, both. jenna: investigators pretending workers in the wake of yesterday's crash, officials say rails which was not properly installed during repairs back in may. now in the work against the assistant good crash quickly to people entering more than 130 and several cars derailed between two stations in the morning rush. jon: is the internet turning

into a tool of big brother? a new study says by 2025, 11 years from now, everything we read, watch and buy online will be controlled by the government and big business. 1400 experts find the main threat facing the web all the possible restrictions on what we do online. is it real? a cyber security our list, were you one of the 1400 experts they surveyed? >> i'm pretty sure that i read through the whole report in preparing for this, it is eerie how much what they thought i felt they were reading my mind because we have talked for years about this. i have a lot of the same concerns these folks do. jon: they will be controlling what we read and what we do on the internet, that is the conclusion.

>> by the scary things is imagine the regeneration of people growing up in china for example, never know about the square. can they remove information about the holocaust? there are serious issues around history and the ground troops that, an you allow people to control the thoughts and actions of people and effect converse with facebook and some of this e prevents they did online is kind of a slippery slope. that is when we get into controlling people. we eliminated subliminal advertising movies. people may not even know what is happening to them. jon: let's just do a quick summary, facebook did a little research project to see they could influence people's moods for sending out happy headlines to one group of users and negative headlines to the other bunch of users and apparently is kind. >> it did. some information wondering if

people wonder if they worked with the defense department on this, collaboration or collusion between the private sector, can we control the population, can we get people to act a certain way, do certain things. it will get to the point where our connectivity will be so ubiquitous we will not even know it is happening but we don't think about the power grid or the water supply, to become so commonplace that will forget about the privacy and implications that go with having our entire life online. jon: the government wouldn't need to read your mind or get a warrant to search your mail because they would know everything you are about just by filtering what you do on the internet. >> a lot of government agencies go through private companies to get information or otherwise prohibited from collecting so they get access this information so the role of data brokers and your privacy becomes extremely

key for how much the government knows about you how much can a project they will know about you to determine your actions. how will you respond. jon: is there a way we it had users can prevent this kind of thing from coming true? >> they used to be the definition of perfect security intelligence committee with a computer not correcte connectedd on. people have to make a decision of how connected w they want t be. you make a trade like to give up privacy for certain applications, certain conveniences, we have to be better about understanding what is the impact when i say okay and click to accept. people miss it has to be some bright minds that so you cannot do this as long as those lines are blurred, people will never really know exactly what is happening with their information and that is what is happening, you don't know something. jon: flea predictions of 1984 could be coming true.

>> some good bumper music would be 2525. or 30 5:30 five. everything you need to know is given in a pill that day. jon: morgan, thank you. jenna: maybe you can do a duet next time. the alleged prostitute accused of killing a google executive facing a judge today and police say she left this exact dying after injecting with heroin. this is the first time tied to a death like this. more on this story, plus days of north korea fired rockets near the south, making military mov moves. what it is doing that has the u.s. involved. honey bunches of oats!

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jon: a u.s. is teaming up with south korea for a series of scheduled navy drills on the s sea. the uss george washington taking part in those maneuvers days at the north fired a barrage of artillery shells in the waters near the border with the south. the north now criticizing as rehearsal for an invasion. the sultan this the efforts are manchurian in nature. jenna: this just in, the alleged prostitute accused of killing a google executive leaving him to die, she apparently pled not guilty. this is in the first time just been tied to a death like this. last september her boyfriend died in with the determined was an accent overdose. they're taking a second look at that. live outside the courthouse with more.

>> that is right. that case in atlanta's getting a closer look but even if investigators determine the heroin overdose was an accident, prosecutors will use it to show they had a consciousness regard for human life, cannot say she did not think this would happen because it happened before and she knew very quickly using heroin could be deadly. press fears will to argue she should have called 911 when the 51-year-old google executive and father of five laid dying on his yacht last november after night of partying. they have onboard surveillance tapes that show mixing and injecting with heroin and then stepping over his body cleaning up the scene and fishing a glass of wine before closing the blinds and taking off. this is not a cut and dry case. this is a defensible to the victim on trial.

>> his lifestyle, his interaction with this person's prayer direction with prostitutes prostitutes and drugs because that is a huge part of this case. they will tear down this image of this father of five good husband and say he got exactly what he wanted, just went too far. he wanted an adventure, it was an adventure he never came back from. >> toxicology evidence will be critical in this case. she injected herself last night with the same batch of hair when and she walked away. the defense will want to look at the health and what else was in his system that may have led to the death. keep in mind alex is accused of also transporting drugs and tampering with evidence, serious charges that could send her away for a long time even if she beats the manslaughter charge. jenna: claudia, thank you. jon: a quick look at brand-new stories we're working to bring you in the next hour.

two years at the fbi started its investigation into former cia director, that probe is still open. the attorney general finds that highly suspicious. do you think immigration is the number one issue for the november midterms? our live chat is up and running. you can get your thoughts into the conversation. óqoqúúñ@

jenna: heat wave has people and animals battling extreme temperatures. zoo in india hosing down animals. it is 113 in new deli. the hottest once in this country are 91 degrees. looks kind of comfortable to get washed down like that. jon: keep the tigers well spritzed. jenna: water them down twice a day. jon: i would give them three

times if i was taking care of them. we'll see you back here in an hour. "outnumbered" starts right now. >> this is "outnumbered." i'm andrea tantaros. here today, harris faulkner, sandra smith, jedediah bila, today's hashtag one lucky guy tucker carlson and he is outnumbered again. >> profoundly. >> flew in from maine just for us. >> yes i did. >> are you happy about that? >> i woke up early with you on my mind. not the first type. [laughter] >> i woke up with you on my mind. i like it. >> we usually save that for later in the hour, tucker. >> i woke up with this on my mind because we have to talk about. so i got email very early. house republicans taking their big step in speaker john boehner's lawsuit against president obama. they're holding a hearing that could give the speaker