it took me a long time for my husband. i what if i missed him? >> i think there is somebody for everyone 100 percent. all right. that's it for outnumbered today. >> happening now, coming up next, but on line stay right where we are. will the crisis in the border influence the voters in the booth? it is sizing up to be a major election issue at the moment and here is how it might affect the midterm results. and stoking new worries about the government's substances and diseases in the world. >> and the acting va secretary goes before congress. and is he working to approvability in the wake of the

scandal. we are waiting white house reaction as the house takes the first step to initiate the lawsuit against president obama. >> i am jon the scott. >> and i am jenna lee. this is the briefing rom where secretary earnest is expected to take the podium. they are getting rules on whether to authorize the lut against the president in that he exceeded his power. nspeaker boehner believes that the president has gone around congress. but chose the man date of the big companies and the workers as the lawsuit. press secretary josh earnest likely to note that taxpayers will cover the cost of it. and george washington constitutional law professor

johnathonatureley that congress risks letting itself become irrelevant if it doesn't challenge the president. >> the president's pledge to govern alone is alarming. and when a president can govern alone, he is a government unto himself which is precisely the dangers that the framers sought to avoid. >> reporter: mr. obama said he is acting that congress won't. and he said the republicans have opposed things that got bipartan agreements in the made. and the man date was no different than president bush's wafer of medicare part d for seniors that are late to enroll. >> the president is not refusing to enforce a law that constitute a signature legacy.

he is doing it in a manner that is best suited in his administration's judgment. and they broke down along party lines. the supreme court wouldn't rule before late in mr. obama's term or until he loves office. >> the crisis on the border is shaping up to be a big election topic. a new gall up poll find that illegal immigration is our country's number one issue. and the highest immigration ranked in the survey since 2006. what does it mean in four months when the voters go to the poll. we have charlie and juan williams and a fox news

political analyst. what about it, juan? the article suggested that polling on immigration is a flash in the pan and holds people's interest for a short time and then they move on to other issues. is this something that the people are fired up in november. >> there is no way to be certain, john. but it fires them up if you go back to 2010 and arizona changed the laws and fired them up and when president obama tried to pass immigration reform. and historical leif you have a situation which voters are split and handling the top issue. that is pretty good news for republicans. and that means republicans will rack up big victrows in the midterm. the polling indicates that this issue is more of an issue for republicans and that they traditionally want sealing the border as a response when the

democrats are more interested in dealing with those who are already here. we are looking at top issues that people placed as number one. congress and leadership in government comes in with a 16 percent number right now. charlie, what do you think about that right now? >> it is conservatives who get more revved up about it especially right now when we so the children pouring over the border. politicians in washington have misread voter's attitude for years and perhaps for decades. normal normally under normal times immigration doesn't mean a fever pitch. but that doesn't mean that voters are in favor of legalizing 12 million illegals. but they are interested in bringing sanity to the border

where you can't seal it perfectly, but you seal the border and internal enforcement and prohibit employers from hiring illegals, can you stop the problem from happening. google comes up with a map with every picture in america. and you tell me you can't top people from pouring over the border. and that is a important issue. and a lot of democrats and moderates. this cuts along the partesan divide. >> and democrats are running a great risk. >> are there any democrats that are going to suggest the flood of illegal immigrants, are they going to argue that it is a good thing? >> no, in the polling, people

who are over 50 and republicans and westeners are worried about it. they are looking for ways to alterthe existing law with the due process in regard with the children coming over the border. and there is that willingness. when you look at these numbers and when you look at especially the difference in who approves and disapproves, you can see a higher level of concern of immigration and it revs up the base and a lower level of concern over democrats with the issue. and especially with the handling of the children. no one has an idea how to deal with it. i think you are seeing immigr t immigrants rights to be the number one issue of the country.

not that people are looking at the preexisting problem. but they are concerned at the moment that people don't seem to have answers with the kids. >> it is a big issue and going over the country as they get buzzed in places far from the border. >> you have deaths on the border and it is a tragedy. >> thank you both. >> they protest the transfer of undocumented children, others argue we have an moral obligation to the children. but dallas area has a plan to shelter them. i will speak to the judge proposing that when we come back in a few minutes. the head of the va apologizing to veterans and

their loves ones. he admitted to serious problems in the agency and calling the inaccurate reporting of wait times indefensible and unacceptable. molly has more on what else sloan had to say. the acting secretary of the va said there is progress in cutting down the wait list in the veterans administration or vha. >> the vha reached out to over 650 and made 543,000 referials for veterans to get service. this is in the last two- month period. >> reporter: he said there are more clinic hours and looking to buy a state-of-the-art

scheduling system. he asked congress for help. and he's hiring more people. >> you would need 10,000 additional staff? i think you were talking about some 17.6 billion that you are requesting? >> yes, ma'am, i know it sounds like's huge number. >> reporter: the price tag concerns those on the committee who poured hundreds of millions in the va and it was not well spent. others warn it is no quick fix. >> i commend you for what you have done, but over the course of the years is a horrendous blemish on the va's relationship. >> reporter: president obama nominated robert mcdonald,

former head of proctor and gamble to take over the va. the senate will hear from mcdonald next tuesday. >> thank you, molly. new strategy to try to dig up the e-mails from the woman in the heart of the irs scandal. the house adopting a resolution to direct the nsa to turn over any e-mails from lois lerner's account. she is the former irs official who lost the e-mails when her hard drive crashed. if the nsa is monitoring all e-mails, there is a chance that it collected them. we are awaiting a decision from mississippi senator if he will challenge the loss to cochran. the republican primary in mississippi was closely watched.

mcdaniel said there may have been improper votes. the democrats can can vote in the republican primary but if they vote in the democratic primary, then that would be illegal. >> get out, we are about to bomb you. that warning from israel military to resident in gaza before air strikes slam their neighborhoods. the latest on the violence in the mideast, just one day after hamas rejected a ceasefire. plus, a murder case sending shockwaves in silicon valley. a prostitute giving a excutive a deadly dose of heroin. dow think that immigration is

the number one issue for midterm election? we have our live chat up and running and go to fox news.com/happening now and click on america's asking and join in on the conversation. [ yodeling plays ] worst morning ever. [ angelic music plays ] ♪ toaster strudel! best morning ever! [ hans ] warm, flaky, gooey. toaster strudel!

that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right, she got me drinking boost. it's got a great taste, and it helps give me the nutrition i was missing. helping me stay more like me. [ female announcer ] boost complete nutritional drink has 26 essential vitamins and minerals, including calcium and vitamin d to support strong bones and 10 grams of protein to help maintain muscle. all with a delicious taste. grandpa! [ female announcer ] stay strong, stay active with boost.

>> happening now. day nine of violence in the mideast as israel resumes the air strikes in gaza and retaliation against the air strikes in the palestinian state. israel is notifying the resident to flee. these blasts ringing out as the israeli military targets the home of four hamas leaders. a day after the terrorist group rejected the ceasefire. john has the latest. >> reporter: jenna, we just heard blasts like that in the distance north of us here in gaza city. i am not sure, it is most likely

an israeli missile strike. and this as we hear news today that four israeli boys, and it looks like we have what appears to be rockets and iron dome defense system intercepting those rockets. i will keep an eye on this. and we heard of four palestinian boys that was killed in an israeli missile strike. it would know safer to go to the beach to play instead of their homes and they were hit. and they are among the 200 palestinians who have been killed since all of this started nine days ago. and last night we heard of the first israeli killed by hamas mortar attack and along with the rockets launched and air strikes we have seen and heard and plenty of others including

earlier this afternoon and rocket launches north of us and then encountering the mussil strikes and artillery fire in the wake of the ceasefire negotiations and agreements. some of that hit a hospital in east gaza. it is a hehableitation center for disabled folks and close to the israel and gaza border. no one was hurt. and we heard a lot of explosions in and around. we are in day nine here in gas xa and we are head nothing day ten with seemingly no end in sight with the conflict. back to you. >> more deadly violence in ukraine today. an air strike on an apartment block dilling 11 people. pro russian rebels pinning the attack on ukraine. they have retaken the village near the russian board and more

refugees are fleeing their homes. the eu considering blocking new loans to russia. obama and merkel agree that russia has thought calmed tensions in ukraine. are >> a rookie officer is a victim of an alleged ambush and cops are worried about retalation. and the crisis on the border turning the global spotlight on communities that are hosting the children. we'll talk to someone who has a plan. >> it is the right thing to do. that's the simplest and most uncomplicated answer. these are kids. >> supposedly these are imgrant or refugee children. we don't know that for sure. you could have gang members in there. respiratory

veggies you're cool... reworking the menu.

mayo, corn dogs...you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active. muscle health. clear protein drink and high protein. targeted nutrition to feed your active life. ensure. take life in.

that's why i always choose the fastest intern.r slow. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included.

comcast business. built for business. -- gangs threatening the police. cops in jersey city received highly credible information that the united blood's gang vowed to kill more officers, this after a rookie new jersey cop was shot and killed outside of walgreens. lawrence campbell ambushed the rookie as he responded to a robbery fire. officers returned fire and killing campbell. we showed you the memorial. they say the suspected killer was a good man look out for the neighborhood. the mayor said comments like that are ignore apt and

disgusting. >> the crisis in the border. the illegals staying in the united states, the white house will give a closed door briefing to the senate on the emergency. and local communities are told by the government to be prepared to play host to illegal imgra immigrant children and their moms as well. here is the concern that locals have. >> residents sent me e-mails. do we know the immunization of the people, what is their history? member was ms13? a lot of valid concerns and no answers to any questions. >> that is from upstate new york. some area that we have a moral obligation for the kids and giving them a place to say. dallas county is the place where the children and women should come.

judge, why do you believe that dallas county is the place to host illegal immigrants? >> well, we are talking about children, not adults here. they are children. and they are not others and aliens, they are children just like your children and my children and they are alone and they are terrified and they are dirty and they are on our border and need our help. here in dallas county, we the port in the storm when hurricanes happen and we are going to help the children. >> how so and where will you do it? >> well, we currently looking at a hospital facility and two schools. we are offering 2,000 beds and the federal government will pay for all of the services on the contracts, but our faith community has stepped up to provide those children with

a sense of dignity and love. and that's what children crave most. it is a sense of love. they will be with us 21- 35 days. >> and that's what the government says. that's the proposal so far that the children would be processed through and kept at a facility, and then where would they go? do you know? >> 85 percent of the children are placed with a family member here in the united states, pending their immigration disposition status and 15 percent would be placed in foster are homes that we are working with other local elected officials around this country to seek foster families to take care of the children until such time the immigration status is determined and decided. >> you mentioned that you are

looking to help children and so many of the viewer ares understand the compassion for the kids, we also had other compassionate guests from michigan that joined us and one from upstate new york that we mentioned and they have compassion, but what they have problems with, judge, is the lack of communication they feel they are getting from the federal government and concerns about who these kids are? they learned that kids coming to a small town would be 14- 17-year-old males and they had concerns about security and whether or not they had the right facility set up. what concerns are your residents sharing with you. >> compassion is not a label one puts on themselves. compassion is a action. dallas county is exhibiting that action in the faith community. i met with hundred faith leaders

and not a single faith leader expressed a concern that us reaching out a hand of help would harm our community. we recognize that that is much a ministry to us as the children. i went door-to-door across the street of the school that would house the children. and not a single concern did i hear. there is a lot of fear and misinformation out there. don't listen to the political leaders. listen to your faith leader and listen to the words on the statue of liberty and follow your faith and it will be easy to figure out what to do. >> dallas county is much bigger than the small towns of two this happened people that are looking to receive a few hundred illegal immigrants. we can split symantices on that.

and there is a key difference. are you in constandpoint communication with the government? other local leaders could not get a call back from the federal government and that was causing angst. are you in good communication with the department of homeland security and federal government explaining what their plan is. >> we are crafting the plan as we move forward. the community in partnership with the federal government, because these children need our help. this is not about immigration, this is about children who are running from violence. and we need to help these children until such time as their immigration status can be determined. it is not immigration but children. >> it is nice to have you on the program, judge. it could be tens of thousands of kids that you could help in dallas county. thank you for the time today. >> and some gop law makers

blasting the justice department as the investigation in the deadly benghazi attack is opened. could they be trying to silence former cia director petraeus? and a google executive found dead on his yacht. >> it showed the suspect and victim and her injecting him with heroin. showed her absolute callousness after the fact when he had medical complications and there was no effort to call 911. [ susan ] my promotion allowed me to start investing for my retirement. transamerica made it easy. [ female announcer ] everyone has a moment when tomorrow becomes real. transamerica. transform tomorrow. sfx: car unlock beep. vo: david's heart attack didn't come with a warning. today his doctor has him on a bayer aspirin regimen

to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

>> two years after the fbi launched an investigation in the cia director david petraeus that investigation is still open. petraeus was in theelm in the benghazi attacks. one law makers called the

circumstances of the investigation perplexing and suspicious and hence that republicans believe there is a tie between that probe hanging over petraeus and what he knows about benghazi. that is interesting claims. kathryn has more. >> reporter: thank you, jenna. sources with knowledge of the probe told fox news that in the spring of 2012 the fbi ordered petraeus that his schedule was compromised after the biograpper sent threatening e-mails to a florida socialite. and pete poet abruptly ve signed and the investigation has remained open after fox was told he may have stored information. eric holder was pushed to explain why it remained open and

whether it was used to intimidate the retired general. holder dismissed those allegations. there is nothing routine about the justice department's handleingly of the case. i found the time line of the case to be perplexing and suspicious. i urnled the department to move forward in this investigation in a pru dept manner. fox news is told that petraeus's testimony is of keen interest on benghazi and chairman gowdy. what was the true relationship between the cia and bepg bengand the state department consulate. both were so secret not even the military commander with over sight to africa knew about them. >> the annex in benghazi and tripoli is to understanding benghazi. the director of the cia has information and trey gowdy wants

to hear from him. >> there is no response from the justice department. the fbi director said he cannot comment on open investigations, jenna. >> new information on the massive gm recall and the 13 deaths linked to faulty ignition switches. a report that show that general motors kept silent on the deadly crashes and repeatedly refusing to discuss thel with federal investigators and after the bell on fox business network and david joins us with more on that. >> the testimony should be interesting and it is not primarily the focus on the coo of gm, it is michael mi lican. and here is the charge from the government. this comes from the traffic safety adminiter.

they stood in the way of safety. and to back up that charge, they had records of 13 deaths that are caused by wiggly ignition switches and led to 13 deaths and new york times got ahold of four of those reports. they are tragic and one guy named gene ericson. a picture of him and his children two days after he was killed in a car crash. this is a day before he died. he was a passenger in a gm car back in 2004 driven by candace anderson. she survived and he did not. in a criminal investigation it was discovered that miss anderson pled guilty to criminal negligence because of xannex. gm took that and said they were off of the hook and did not focus on the faulty ignition switch. you can understand how corporate takes the easy way out and

that's what they did, that's what law makers say is unconskinable. we'll see how it is. >> recall after recall coming out of the detroit. >> and lerner case sending shockwaves. the alleged prostitute scene on the screen injected google executive with heroin moments before he collapsed on the yacht. she apparently did not help and finished a glass of wine before leaving. police in georgia are looking to the connection of another man, her boyfriend who also overdosed. brian, start with you. hard evident points to an

unintentional overdose. why do you see it that way? >> it is a textbook example of manslaughter. i think they are charging her correctly at this point. he consenting to using the drug. and the big question is how did this video appear. when people use heroin, it is not uncommon to have bizarre reaction. people pass out with needles in their necks and arms and the video looks bad but doesn't mean she intended to murder him and pre-meditated to murder. i think she will have a tough time, but the prosecutors will make a good case. >> you disagree. you say they undercharge on this case. >> i think they will correct that and she will be charged with first-degree. it is it an unlawful killing

with malice afore thought and that can be expressedor implied. if i am the prosecutor, i am arguing that we have both. we have the expressed malice, evidence of the syrifrj filled with a deadly poison filled with heroin and implied malice in the aftermath and during the deceased taking his last gasp of breath on the floor. >> and she's -- >> let me ask you about. that it is not like she forced the executive to take the drug. certainly her actions afterwards, and to tom's point. there is another case that is perkulating about her exboyfriend and she called police and said she was overdosing and that is what they called the death as an overdose.

and if that does, how can that play into whether or not she had malice afore thought that thomas was talking about. >> as far as the prior case is concerned. that is not admissible except for limited circumstances. and that is deemed an overdose and not a murder. if that changes, that circumstances changes. an example of malice if she injected him in his sleep or poisoned his food. injecting him pie itself, ignoring the reality of drug use and relationships. people in to drugs are using drugs together all of the time. it is not uncommon with heroin user ares to constantly inject each other. it is to make sure the other person gets the drug in their system. by itself it does not equate murder. you have to put the blinders on.

>> the only problem with that reasoning, he was not a heroin user and she introduced him to the drug. and people who are not culpapable. don't do that conduct and trying to sanitize the crime scene. i don't know how boyfriends had overdosed, that case has been in the process of reopened and i believe it will be reopened and she will be looking at murder charges in georgia as well. and prior bad acts are not admissible if it is on a modus operrandi. it is hard to imagine two situations more common as georgia and california. and that will be the time nail

in her coffin. police in santa cruz said she had many wealthy clines in silicon valley. and more to come on this case. thank you so much. >> we are warned that terrorist could sneak dangerous chemicals in from overseas and startling discoveries, why the cvc is admitting to a dangerous pattern of problems and the way it handles potentially dangerous germs. and this is this. brand new video. a cop performs cpr after a two-year-old boy, falls in the swimming pool. >> i have seen serious stuff being a police officer in the city and the only time i was ever scared. dentures are very different to real teeth.

they're about 10 times softer and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria and helps dissolve stains. that's why i recommend polident. [ male announcer ] cleaner, fresher, brighter every day.

>> i am gretchen carlson. the lawsuit against president obama for overreach. and one congressman suggesting that the white house counter sue the gop. plus, how many minutes do you spend in the bathroom. six minutes do a job? that is one company's new policy. and is that legal? >> see the pups behind. do you pick up the dog's dodo?

>> there is new concerns about the potential for bioterror after recent safety breeches. a congressional panel now investigationing after decades old smallpox was found unguarded in a storage room miles from the white house. and other breaches in the cvc headquarters being exposed to anthrax. joining us is dr. manny alvarez on fox news health.com. smallpox, one of the most deadly viruss hiding in a car board box? >> the level of problems in the cvc is oaf whelming when the news came out several weeks ago, that they found viales and we know that the viales had live viruss in them, it is overwhelming and i called for

a congressional investigation back then. what you are dealing with. imagine losing a nuclear submarine and the president not knowing about it. that's what this equates. to and the incident in the fda was perfect they sent bird flu strains that was deadly and that was a huge mistake. the head of the cvc was not notified about it for weeks and weeks. is there a cover up? are people being fired or disciplined or protocols followed? in hospitals we have a time out. when i do surgery many times, you have to have a time out. okay, are we operating on the right person? this procedure and because of medical errors. imagine a medical error of a magnitude that can kill thousands of people if this

virus gets out or a laboratory worker are gets infected and goes in the public. none article, is the government capable that one of the things that congress has to do is really find out exactly the truth. this is -- i talk about transparency all the time and whether congress is being informed. congress is not being informed. they have to be informed on this one. also call for a commission of scientists from different major universities and going there to say, hey, are you guys doing the right thing? are you following the protocol? those are things they have to do. >> doctor, thank you. fracking bad for the environment or good energy policy? one texas town this controversial drilling procedure is pitting neighbor against neighbor. next, you'll hear from each side and get a chance to make up your own mind. (vo) friday night has always

been all fun and games, here at the harrison household. but one dark, stormy evening... she needed a good meal and a good family. so we gave her purina cat chow complete. it's great because it has the four cornerstones of nutrition. everything a cat needs for the first step to a healthy, happy life. purina cat chow complete. share your rescue story and join us in building better lives. one rescue at a time.

the battle over fracking headed for a public vote in north texas. fracking is a process for natural gas drilling as you likely know. the city council of denton, texas, shut down a bid to end fracking. people get their say in november but it's an interesting debate between two sides here and in one area of the country. >> you know the fracking is a very controversial process where they take water, chemicals and sand and inject it deep into the ground and what that does is it frees up natural gas deposits and oil deposits from rock formations deep underground and then it's used for energy. denton, texas, about 40 miles north of dallas happens to sit on one of the largest natural gas reserves in america. nearly 300 drilling sites there right now. but now much of the community is

raising environmental and even health concerns over an increased fracking near their homes and they want it banned all together there. so hundreds of both concerned citizens and supporters fired up at the denton city council meeting last night. a meeting that went on for more than eight hours. one opponent talked about how her son started getting nose bleeds since the gas wells went in near her house while supporters focused on how the city would hurt economically. >> a ban on fracking is the same as banning on drilling which could be catastrophic to our city and state. >> i'll be worried about the long-term health effects to my children. the nightmare never ends. >> one after one on both sides of the fence people took the podium. the denton city council voted to down the petition so now it moves to the november ballot and

voters will have to decide on the fate of fracking in that particular community come november. >> thank you. as white house officials get ready for a closed door briefing on the border crisis, texas lawmakers are pushing for a plan to speed up deportation of all of the undocumented children pouring into our country. in minutes, we'll look at the politics of all this. also, a helmet cam captures a life or death moment after a toddler falls into a pool.

veggies you're cool... reworking the menu. mayo, corn dogs...you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active. muscle health. clear protein drink and high protein. targeted nutrition to feed your active life.

ensure. take life in. to help protect your eye health as you age... would you take it? well, there is. [ male announcer ] it's called ocuvite. a vitamin totally dedicated to your eyes, from the eye care experts at bausch + lomb. as you age, eyes can lose vital nutrients. ocuvite helps replenish key eye nutrients. ocuvite has a unique formula not found in your multivitamin to help protect your eye health.

now that's a pill worth taking. [ male announcer ] ocuvite. help protect your eye health. dramatic video showing a police officer saving the life of a 2-year-old. these images mounted on the body of a police officer. the officer and the child's aunt working together until the little boy came to. now the little boy is doing just

fine. body cameras are part of a pilot program in cleveland. good results there for a tough story. >> great news. thank you for joining us. >> "the real story" with gretchen starts now. we start with a fox news alert. living the american dream on the taxpayers' dime. we run out of space in immigration detention centers, a three-star hotel in texas could take some of those people in and even has a pool. i'm gretchen carlson. welcome to "the real story" today. the news comes as protests pop up in more states now. protesters trying to block plans to house illegal immigrants in their own communities. william is live for us in los angeles with this whole wrap-up. william, what can you tell us about the protests and this hotel that they're going to supposedly put people in? >> well, you know, right now the feds have more bodies than they do beds and they are getting desperate. while this emergency has been years in the making, what you're about to see may be the syol