you see something, say something. >> absolutely. bill: they screamed it. >> i like his big black cowboy hat. gator knew not to mess with him. >> good to have you here. >> busy day. >> "happening now" starts right now. see you tomorrow. jon: fox news alert and a huge ruling from the d.c. court of appeals. it hand down a decision that is a major setback for obamacare. just happened moments ago. good morning to you. i'm jon scott. >> how much of a set back, what does it mean for customers. those are big questions. i'm jenna lee. the court striking down key part of obamacare, subsidies for some customers. that will have major consequences for millions of people getting tax credits through federal exchanges. many states are using these federal exchanges. shannon bream is live in washington with more on what we're learning now. shannon? >> reporter: this is a tough blow to the administration and could totally change the equation with respect to how obamacare works moving forward.

the irs had interpreted the law to mean that subsidies for helping cover the cost of insurance could being extended into 36 states which chose not to set up exchanges despite what the plaintiffs argued was the plain language of the law. that those subsidies were only for states that had the exchanges. well, today this federal appeals court based here in d.c. agreed with the plaintiff. read awe little bit from the decision. judge griffith writings for the court saying, within constitutional limits congress is supreme in matters of policy and consequence of that supremacy is that our duty when interpreting a statute is to ascertain the meaning of the words of the statute duly enacted through the legislative formal process. well having done that, going through the analysis what was written and what the law actually says, the court decided going forward, and noting saying although our decision has major consequences, our role is quite limited, deciding whether the irs rule is a permissible reading of the aca.

they said it wasn't. they said it has to go back to the lower court and be reconsidered. the dissent disagreed. it was senior judge edwards saying, plaintiffs had only one goal. quote, this case is about the appellant's not so veiled attempt to gut the patient protection and affordable care act. all three judges who made this decision know it will have significant impact. we're awaiting reaction from the administration. a couple things can happen. the government can ask for en banc hearing to ask every judge thats on federal court, not the three who heard the case and rehear and decide the whole thing as a whole. this is the court that the president was very aggressive about making sure he got three appointments. they changed the rules in the senate. he got three appointments on to that bench. now it does lean in favor of democratic appointees. they could go that route or eventually where it is probably going to end up is at the supreme court. there is no guaranty the justices will agree to take up

this case. that is probably in the time frame of a year or two. we'll have to wait and see what the administration does now. but a big loss for them trying to uphold the law to make it work with subsidies today jenna. jenna: this is very much developing. while politics play out and what happens in the courts what about all these millions of people who have received subsidies through the federal exchanges? are they guaranteed to get those subsidies as they look to next year in signing up for their health care? what happens to them? >> there will be a lot of scrambling going on by the administration's lawyers, irs lawyers, by everyone who has been involved in those decisions. my guess is that right now while this case is remanded back to the lower court for further proceedings that everything will stay in place, possibly injunction will be put in place. the government may ask for that or ask for some clarity to make sure people know how they can and can't proceed while the case is ongoing. i would think that things would operate as usual for now but we'll have to wait and see. a lot of unknown in the wake of

this decision which caught a lot of folks by surprise today. jenna: fascinating news. shannon. thank you. jon: let's talk about all of this with bret baier, anchor of "special report" of course. karl rove is fox news contributor, former advisor to president george w. bush. so, bret, has the d.c. circuit court here done what republicans have been struggling to do for years? >> clearly this is a big blow to the administration. it's a big blow to the health care law. that said, supporters of obamacare like families usa, a group that is kind of advocated for it, ron pollack is the director over there, they feel confident that this thing going to get stayed and then overturned by, as shannon mentioned, the en banc or the whole court. that is the 11 members of this court. there is a similar case in the fourth circuit that is also moving forward. the big question here is,

whether, if this stays in place, you have essentially obliterated the whole system of premium subsidies for 36 states. remember, there are only 14 states which are running their own state-run exchanges. the rest have this federal-run system and if this ruling stays in place, it would, it would essentially obliterate obamacare. jon: what about the politics of this, karl? i mean the president has long screamed at republicans for trying to undo the law he calls his signature law. now it is a federal court saying you just can't do this. how does he handle that at the white house? >> yeah. this is a little bit of a tricky pr problem for the white house because it just makes sense that the heart of the decision is that the law is written in a a way only states who run their own exchanges will get subsidies. ordinary people will look at that you passed this law in the

middle of the night. nancy pelosi famously said we need to pass it in order to understand what is in it and you made a mistake. now you can't undo it because you can't go back to congress and say, please allow all 50 states to get subsidies. that will never pass the house of representatives which wants to repeal and replace obamacare. they have a real pr problem here. it will cause some consequences. remember these 36 states, include very big states like pennsylvania, ohio, texas, florida. more than half the people in the country live in those states and, as of now their subsidies are he much up in the air. i'm not certain the court will necessarily allow the government to continue to pay for those subsidies during a period where this decision is being reconsidered. jon: interesting, bret, because, you know, most of us remember how this thing got passed in the first place, when the senate kind of snuck it through on the smoke and mirrors concept of reconciliation. as karl points out, there is no

way that the house of representatives is going to go back and adopt language to the affordable care act that the president wants here. that is not going to happen. >> right. jon: so they're stuck with what they passed. >> right. they are. i think, to shannon's point, you could conceivably get favorable judges in the federal court system say it was congress's intent that these states that even are run by federal exchanges get subsidies. just to quote from ron pollack again, supporter of obamacare, just to give a fair and balanced decision here, today's decision represents the high water mark for affordable care act opponents but the water will recede very quickly. the bottom line here, jon, even supporters acknowledge this law is under attack and when you talk about the politics of this, this decision opens up the door again to all of these races around the country where obamacare, you know is kind of an underlying issue.

and it is simmering. there are stories now about narrow networks where people are complaining having to go to different places throughout a state to get to health care, where they didn't have to before. there are a number of different things that will factor in november. this is obviously a ruling that brings it all up. jenna: karl, we'll certainly talk about the midterm elections. we were going to talk about that. we will in just a few minutes with you before we had this breaking news. it is worth pointing out there have been 4different delays or changes to the health care law since it has been passed. our viewers are probably used to hearing about changes and delays so far and as bret mentioned it is still simmering but as far as quiet. when we're talking about politics health care isn't topping the list. how is the same as 4delays or changes or how could it be different? 41. >> it will have people with subsidies, not everybody gets insurance through the exchanges get as subsidy.

it will cause those in the 36 states to say what the effect will be. it will cause people with private insurance, remember 2/3 of people with coverage through their employers get through erisa plan. that is a law passed in 1974 that allows them to operate outside the affordable care act's per view. a third of people get their coverage from insurance that is subject to obamacare and, a small percentage of those, a small number of those get it through the exchanges themselves. anybody who is not part of obamacare with the subsidy, why somebody sort of looks like me, in my neighborhood getting money from the federal government, from my pocket as taxpayer, in order to subsidize their coverage if they're sort of like me? we'll have that kind of dynamic going on out there. i think this issue remains very close to the, top of the mind for those who have going to be voting in this fall's election. it is intensely unpopular. all the surveys show margin better two to one, strongly

oppose ow number strongly supports. jenna: bret -- >> let me point out one thing, jenna. that is another aspect that factors in potentially for november and that is the importance of federal appointments to the bench. and how much that means in the big picture. not only factors in 2014 but 2016. you will have supreme court nominees and open vacancies likely down the road. this shows you impact of a federal court decision potentially on something as big and complex as obamacare. jenna: big questions about where it goes from here. obviously the i wilycations are serious. it is nice to have you both. bret, karl, carl will be back. we'll get a two-fer with karl when we come back and bret, we'll get a two-fer at 6:00 with "special report." thank you. >> thank you. jon: one of the other big stories we're covering today and there are major developments in the ukraine as remains of most of those on board malaysia

airlines flight 17 are making their final journey home. investigators move closer to finding out the truth concerning shootdown of that jetliner as well, five days after the dissasster. the bodies arriving this morning by train in a government controlled city in eastern ukraine. forensic experts are waiting at the scene. in the meantime pro-russian rebels finally are handing over the plane's black boxes, those orange devices that you see there. this after international pressure. we are continuing to follow the breaking developments. we will bring you news as it happens throughout the course of the hour. jenna: big fox news alert here, jon. delta canceling all flights to israel indefinitely after reports of rocket fire near the major airport in israel in tel aviv, ben-gurion international airport. a delta flight from jfk was diverted to paris's charles degaulle airport or rockets or associated debris near the

airport in tel aviv. we have a frequent note guest on the show, jonathan schanzer, from defense of democracies. he was in the airport in tel aviv, had to be evacuated, first time ever that happened when he has been in israel. that is one of the big differences, gaza-israel, hamas-israel conflict. that the rockets are getting closer to major population centers in israel. there are big concerns about flights going in and out internationally. delta is working to accommodate its customers. developing story with just delta at this time. certainly a story to pay attention to in light of the news out of ukraine and malaysia airlines flight 17. we'll bring you more news as we get it. jon: more breaking developments just in from the middle east, from a missing israeli soldier to secretary of state john kerry's new efforts to hammer out some kind of a cease-fire. all this as the fighting rages on. hamas rockets continue to rain down on israel and israel launches more strikes in gaza.

john huddy is live on the israel-gaza border. john? >> reporter: jon, we're seeing and hearing a lot of israeli military activity behind us on the israel-gaza border. i will show you something. i will step out of the way. there is a lot of dust kicked up by tanks, armored personal carriers and d-9 bulldozers. they root out the hamas tunnels. i also want to show you something else. over here to the left of the camera, just beyond the ridge here, there is a lot of tractors and bulldozers. i don't know if you see it. there are some dirt mounds. that is where hamas tunnel was, they came out ambushing israeli soldiers before 10 militants were killed. israeli forces are digging up that area, rooting out the tunnel to see if any others are connected in the area. this is well within the israeli border. this is well within israel. very close to a number of israeli communities.

now as you mentioned, fighting continued overnight. this is some of the bloodiest fighting over the last 72 hours and 15 days since operation protective edge started. there has been a great deal of missile strikes. there has been a great deal of again, ground forces rooting out those tunnels. so far death toll, 27 ills israelis killed, two civilians. estimated 600 palestinians killed. more than 300 injured as the -- 3500 injured as diplomatic efforts continue for a cease-fire but the cease-fire is elusive but battle and fighting rages on. back to you. jon: tense times in the middle east. john huddy, thank you. jenna: back here at home with the midterms drawing closer what one major newspaper says about the gop's chances of retaking the senate. we want to know what you think. do you think support for governor rick perry's decision to send the national guard to protect the texas border is out there? talk a little bit about immigration. one of the things we'll do on the chat today. go to foxnews.com/happeningnow

and click on the "america's asking" tab to weigh in, on the live chat on immigration and breaking news on health care and everything else during the day. we'll be back after a quick commercial break. while a body in motion tends to stay in motion. staying active can ease arthritis symptoms. but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain, and improve daily physical function so moving is easier. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain.

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jenna: with the november midterm elections just around the corner and balance of power in the senate very much in play, more so than previously thought, at least according to article from the "new york times," entitled, midterm republican surge still hasn't materialized. this article reading in part, as july turns to august gop is on the clock. if there is to be a wave this november, signs of a shift towards the gop ought to start to show up somewhere soon. every day that goes by without a shift towards the gop increases odds there will not be a wave after all. talk to karl rove about this, who is rejoining us yet again after breaking news on the health care ruling. karl, what do you think about this? are you surprised there is not clearer wave in favor of republicans or do you think "the new york times" is wrong here? >> well, look, let's do a little

bit, way back machine. in august of 2010, "the new york times" ran a story predict that the republicans would win six 1/2 seats and they said, republicans math remains quite daunting. could also be that the polling somewhat overstates the degree of danger that democrats face. and never used the word wave. we did have a big wave. and in that, year, 2010, the republicans picked up two seats previously held by democrats in red states, states that john mccain had carried in 2008. and four seats in blue states, states that barack obama had carried. this time around, everybody agrees, that there are 14 seats in play that the democrats now hold. the seven of those are in red states, that mitt romney carried. and three of them are in montana, south dakota, and west virginia, are seats that the democrats are virtually conceding. they're also seven more races in blue states, and in two of those the republicans lead in polls

now. i think this was a little bit of, sort of "the new york times" playing to its audience. i'm not certain there is a wave like 2010 but there's a wave of its own. this time around given dynamics of the board. jenna: since we got into the way back machine, get into the present machine if we can as well with "fox news poll" that asks interesting question. basically asked if you who would you vote for if congressional election held today, a dead-heat, karl, democrat, republican, 42%. everything going on in the world, health care, domestically, obama health care law and immense upheaval overseas, so many different parts of the world, are you surprised not looking more in favor of republicans with democratic administration, no? >> jenna, go back to four years ago, 2010, polls showed roughly same thing. numbers began to move in september, october, towards republican advantage. even on election day they had only couple point advantage.

remember the senate races this year, seven of these races are in states that are red. so the numbers are looking better in those states. if you went into it, we don't have race in california like we did in 2010. we got a races in places like arkansas and louisiana. and even in the blue states they tend to be closer blue states. we're talking about colorado. narrow victory for obama. iowa, narrow victory for obama. new hampshire narrow victory for obama. look, democrats are in grave trouble this year and they know it. "the new york times" article is right in the sense that there is no wave like we had in 2010 but i remind you, in 2010, they didn't even detect that wave. the wave this time around is different because that time, in 2010, the republicans had to pick up seats in blue states. this time around they can pick up majority of the seats they need in red states. they have already got three. they have already got three in red states that democrats are virtually conceding. that means out of other 10 races, four red states, three red states, six blue states, the

democrats, the republicans have got only pick up three. jenna: reminder, we're still three months away from the election. >> that's right. 105 days. jenna: 105 days. i knew you would have the number, karl. we'll be back with more

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well, there's really no comparison. why pay more for less? call today for a low price on speeds up to 150mbps. and find out more about our two-year price guarantee. comcast business. built for business. jenna: frightening scenario for thousand of christians in iraq today. terrorist group isis issuing a deadly ultimatum, convert to islam, pay a tax or leave country at once. catherine herridge is live in washington with more. of the. >> reporter: ultimatum was posted to twitter feed and reports from the region says it is largest massive flight of christians in the middle east. the christians of northern iraq nineveh have lived there 2,000

years dating after the first century after christ. they are native people of northern iraq and threatened by armed gangs of islamic state. there are reports, unconfirmed, christians in northern iraq are being forced to stop and abandon belongings and cash they're carrying. persecution of christians in northern iraq is part after troubling trend as violence escalated throughout the middle east and north after cam the persecution of religious minorities has also grown. asked about the orchestrated campaign by the islamic state known as isil to take over churches and expel christians the state department spokeswoman monday condemned actions. >> these are a bomb minutable acts. they are very clear isil's mission to divide and destroyer rack. they have absolutely no place in the future of iraq, we could not be more clear. >> reporter: in a recent report, the human rights group amnesty international documented persecution of christian minority in egypt, specifically

revenge attacks at christians after violence and opponents of the morsi government. jenna: catherine, thank you. jon: we told you at top of the hour the big news. d.c. appeals court struck down the major construct of obamacare. the subsidies provided to people who supposedly can not afford to pay for obama care insurance. white house press press is in -- press secretary josh earnest in middle of his daily briefing, he says the subsidies will keep flowing despite court decision that says congress specifically said those subsidies can only flow from states that set up obama care, excuse me, their own state exchanges. and because there are three dozen or so states that do not have such exchanges, the court said, the subsidies can not go. josh earnest apparently says the administration is going to defight will of this court. what grounds he has for that, we

do not yet know but, perhaps it is not unexpected that the obama administration would say that the subsidies will keep flowing. we will continue to monitor josh earnest for what he has to say. you can watch the entire briefing if you like to watch it, streaming live for you now on foxnews.com. brand new information is coming out about lois lerner and those missing emails. remember her? the former irs woman, so vilified by conservatives for going after conservative groups? we'll have the latest twist on her email and the search for them next. more heavy fighting between israel and hamas as secretary of state john kerry and u.n. secretary-general hold meetings to try to come to some kind of end to this bloodshed.

jenna: some new information on those missing e-mails from lois lerner, the woman at the center of the irs political targeting scandal as irs official in charge of the agency's document production, to the house oversight committee now says he is not sure if all the backup tapes containing those emails were in fact recycled. peter doocy is live in washington to explain this, peteer? >> reporter: jenna, lois lerner's emails are back at the center of irs targeting controversy. because a few weeks after the irs said messages were gone for

good the agency came back to say that correspondence could still be out there. the irs deputy associate chief council, thomas kaine, told the oversight committee, quote, there is issue whether or not all the backup recovery tapes were destroyed on the six-month retention schedule. so an investigator followed up. so some those backup tapes may still exist? and cain said, i don't know whether they are or they aren't but it is an issue that is looked at. the oversight committee chairman darrell issa says we might finally now be close to learning at last how high up in the administration this scandal does or does not reach. here's why. >> it does appear from the interview with kaine that in fact they didn't destroy them all, they didn't overright them all or at least not sure. >> what do you know, and why are you just learning this now? >> we're just learning it now because they didn't take our order to preserve documents.

>> reporter: now democrats are complaining about chairman issa's plans to bring the irs commissioner john koskinen back to the hill this week with congressman elijah cummings writing quote, the committee has engaged in four-year campaign to try to link some type of scandal to the white house, issuing nearly 100 subpoenas with no debate or vote and holding barrage of repetitive hearings into irs, benghazi and several other issues. this approach unnecessarily squanders of millions of taxpayer dollars. and it bill be an inspector general at the treasury department, not the irs, investigating if backup tapes exist, or not. jenna? jenna: interesting question raised at this point. peter, thank you. jon: another very tense day of fighting between israel and hamas. so far the violence in gaza has killed more than 600 people on both side. secretary of state john kerry in cairo today pushing for a cease-fire agreement but kerry stresses that just reaching a

cease-fire is clearly not enough. joining us now, aaron david miller, former advisor to six secretaries of state. he is vice president of the woodrow wilson center. aaron, the president, i'm sorry, prime minister netanyahu said demille at thattization of hamas on the gaza strip is what he wants. that is the end that he seeks to this fighting. is that possible? >> you know, benjamin netanyahu rarely articulates ambitious concepts regarding peace or war. this is a very ambitious one because, essentially with you're talking about is a fundamental change, through military means or diplomatic solution to literally get hamas to ban the high trajectory weapons as well as other jihadi group, islamic jihad and smaller groups. al-aqsa brigades to abandon all of their weapons. literally to decommission them.

that would result, frankly in the fundamental end of hamas as a resistance, confrontation organization. most likely the end of their control of gaza as well because you would see palestinian authority, presumably, back in charge. i think frankly that is a bridge too far. it is extremely difficult to achieve. it would, however, if you could do it, open up prospects for truly transforming gaza economically. but it is to be tough to do. more realistic is durable cease-fire agreement which in essence has the palestinian authority back manning some of the checkpoints over the crossings. the egyptians will open up rafa. the israelis have now occupied probably one to three kilometers of strip on eastern border where they think the tunnels are. somebody will have to assume

supervision for that. of course, some egyptians will continue to have to prevent hamas rockets from coming into gaza so they can retard their supply. getting all of that is going to be difficult enough without formally forcing hamas to disarm that. would require, i think the reoccupation of the gaza strip and the destruction of hamas as an organization. that would take months. jon: just seems that we are headed for some kind of a stalemate here. i mean israel may be able to destroy some of the tunnels. they may be able to dismantle some of the hamas military capability but they always find a way to restock and resupply if israel pulls back. aren't we going to see this movie, playing over and over and over again? >> we've seen it twice before. what, there are two things that are new though, that would hold out more hope for a more stable future. number one, you do not have the muslim brotherhood in charge of egypt anymore.

abdul fatah assisi, former commander of the egyptian military is duly elected president of the country. he clamped down on contraband and not contraband coming through those tunnels. that is number one. number two, one of the remarkable features of this confrontation is development of iron dome which essentially neutralized hamas's capacity to use its high trajectory weapons to cause significant, let alone, massive casualties on the israeli side. it doesn't, it doesn't take away reality hamas can disrupt life in israel and that is intolerable for any government, ours as well. but these two new developments may in fact buy more time and, create a much more stable environment. to do what the prime minister wants to do, literally, would require the destruction and or willing transformation of hamas's as an organization.

frankly i don't think the israelis are prepared to pay the price of what the first would cost. i don't think hamas is prepared to pay the price of the second. jon: aaron david wilson, aaron david miller, excuse me, joining us from the woodrow wilson center, thank you. he has a book coming out shortly. it is called, "the end of greatness." why america can't have and doesn't want another great president. it will be available october 7th. jenna: this just n we mentioned white house press secretary josh earnest is delivering his daily press briefing and he just commented about the appeals court decision that is potentially a crippling blow to obamacare. that ruling says americans can not receive subsidies if they're enrolling in federal health care exchanges rather than state-run exchanges. it could have a wide sweeping effect the. here is the white house response. >> you don't need a fancy legal degree to understand that congress intended for every eligible american to have access

to tax credits that would lower healthcare costs regardless whether state officials or federal officials running marketplace. that is pretty clear intent of congressional law. this will work its way through the legal process and we are confident in the legal case that the department justice will be making. >> that is what the white house says. legal process will take some time. of course the big question, coming up is open enrollment is october of this year, november this year. right around midterm elections. if you signed up for health care and got a subsidy will you get one when you go to sign up again? that is a big question. we'll see what happens. that news is very much developing. meantime the white house is pushing back against a "washington post" story that claimed the obama administration turned a blind eye to the border crisis, slamming relying on too many anonymous sources. that is what the white house says about "washington post" journalist who write the piece. we'll speak live with the lead s him what he thinks about white house reaction.

>> we are 16 minutes away from the top of the hour. let's check out what is coming up on "outnumbered." kimberly, ainsley what do you have? >> twice, president obama set to set off on three-day fund-raising tour as crises explode around the world. is this a good move? what sort of message does it send? >> breaking details in the benghazi investigation. wait until you hear moved into exactly next door to the u.s. u.s. consulate one year before the attack and why nothing was done about it. >> how many times you've been driving, you want to tell your kid, knock it off? one car company wants to help you. >> plus our #oneluckyguy on "outnumbered" at top of the hour. jon: i remember those road trips in the minivan. uh-huh. looking forward to it. thanks. jenna: well the white house on the defensive today over a story that ran in the "washington post" claiming the obama administration received plenty of warning about the growing humanitarian crisis at the u.s.-mexico border. plenty of warning as early as

last summer but failed to act. the story had many sources but cited in part a report that raised serious flags but flood of unaccompanied children across the border and warned the situation was expected to get a lot worse. the white house dismissed story giving too much weight to anonymous sources like this one. here is an example of anonymous source quoted in "washington post." there were warning signs. operational folks raising red flags to high levels in terms of this being potential issue. again this is just one quote, in a longer piece. but it was focus of some serious pushback from the white house press secretary josh earnest. take a listen. >> point out you're asking on a story based entirely on anonymous sources that. should be reflected in the record. the second is, if you do take a look at what this administration's response has been, not just in the last couple of months but over the last few years, you've seen that this administration has repeatedly south additional resources to deal with this specific problem at the border. jenna: we have the white house

correspondent for "the washington post" and serves as lead writer on the article in question. david, we'll certainly talk about your article, several pages long we should mention. it is not a short one for viewers that may have missed bit but what is your reaction what the white house has to say about your work? >> time honored tradition in situations like this if the government is unhappy with findings they're not able to pick apart findings and conclusions of article they go after the process. i think that is what happened yesterday. there was frustration by josh ernest. this is exhaustively researched report by myself, two colleagues. we spent several weeks. go to washingtonpost.com. there are 10 people quoted on record, including congresswoman, first lady of caught maul law, head of i.c.e. union, three catholic bishops and three administration officials and former patrol station chief who worked as consultant on this issue last year and put together the report. there are number of sources and reports we talked about within the story. this is not entirely based on

anonymous sources. very little is based on anonymous sources. >> i take it you a little bit after compliment. >> if he had flaw with some of the report or findings he would have addressed that,. jenna: that is fair point made. viewers that missed the article will go back an check it out. the crux is what? what did the administration know about the border crisis? >> this issue burst into the headlines in may. some reporters were already working on stories about the crisis on the border. what drove it the administration acknowledging it reached a crisis proportion at end of may. homeland security secretary saw it on mother's day trip and president ordered wide government response and wants four billion dollars to deal with it. what we've been looking at, this crisis by border control this has been a problem for 2 1/2 years before this became a big issue at the white house. so we wanted to look at the record. there is a lot of it to look at, what big markers there were for this administration to maybe have mounted this response earlier.

that is what we did. last year like i mentioned there was, they hired an outside consultant at department of homeland security for $100,000. the guy used to work in border patrol. they did a study last summer already seeing this phenomenon at border patrol stations where agents were frustrated. dealing with lots of children unaccompanied. they had to go shopping for groceries. you know, take them to showers off site. provide video games to play. trying to figure out what to do with kids. there were a number of markers along the way. catholic bishops went to central america last november and deliver ad report and white house should have recognized this and didn't bring it into the public scope and didn't mount a full-fledged response. jenna: one of the things you write in the pieces that the administration did too little to heed warnings according to government officials and outside experts and immigrants avocats. what you right, leading to inadequate response that contributed to this summer's escalating crisis. the big question, david, we're

trying to get at, why, why after all this attention and obviously a lot of reports going back to washington why was there so little action to try to deal with the problem? >> jenna, i think there were number of things. they were a little slow to recognize despite some big markers there was broader flood of immigrants from central america including adults coming into rio grande valley. that was shift from previous migration patterns from arizona. there was broader migration coming in, illegal migration and children were smaller piece. the other question we tried to answer in the story, was the white house, administration and congressional democrats concerned if they raised too big of a public outcry to address this problem directly that would make, sort of go against the idea that the president was pushing for broader immigration reform saying that the border was secure and now we need to move forward to maybe provide legal status for undocumented immigrants who lived in the u.s. for a long time. jenna: they were worried if they took action, politically it could be a problem for them on

the larger -- >> give weight to republican arguments that the border is not secure. you're seeing that now. that is debate going on the hill over the president's funding request. the republicans are saying we're not sure about the border. yesterday, texas governor rick perry ordered 1000 national guard troops to the border because he said he is not convinced the administration is doing enough and they're distracted by this crisis of the over time, the budget for, to try to deal with problem was growing but democrats on the hill told me there was talk there was concern if they made too big of a public issue earlier on that could harm the efforts of immigration reform. administration said that is not true but it does look like they were caught flat-footed. even they acknowledge the numbers swelled this year to numbers well above what they expected. now they're trying to catch up. jenna: fascinating piece. we'll make sure viewers have access to it as well, david. we appreciate the time. please let us know, if you and josh earnest are able to go out for couple drinks. >> i'm not sure that is

happening anytime soon, jenna. jenna: not sure either. david, look forward to have you back. >> thanks a lot. jon: as events concerning that downed malaysian jetliner unfold by the hour, wait until you hear what the russian people are being told how it happened ♪ don't miss a step... ♪ nothing's missed with tenatwist ♪ ♪ don't miss a beat... ♪ nothing's missed with tenatwist ♪ ♪ oooh discover the fearless protection of tena. so absorbent even when you twist not a drop escapes. ♪ nothing's missed with tenatwist ♪ what wthat's never really being able tbeen possible.fair price. but along comes a radically new way to buy a car called truecar. now it is. truecar has pricing data on every make and model, so all you have to do is search for the car you want...

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and get the fastest wifi included. comcast business. built for business. jon: as international inspectors finally begin their work at the malaysia airlines crash site trying to come to a determination as to exactly what and there, the russian media are taking a very different approach to events unfolding in eastern ukraine. amy kellogg live in london with more on that. >> reporter: jon, a nato representative tells me that we are in the midst of a real information war and he directed me to an article in russian "pravda," that even suggests, jon, that, that nato might have tried to assassinate president

putin because his plane was flying more or less in the area of mh17 on that day it was downed and got the wrong plane. now meanwhile president putin sort of brushing all of this off, going around today, promoting russia's sponsorship in the next soccer world cup in 2018. russia rebuffing western allegations that the missile that shot down mh17 came from the rebel side and supply by russia. the deputy prime minister compared the washington conclusions to what happens to claims about saddam hussein having weapons of mass destruction before the iraq war. russian ministry of defense showing graphics and satellite pictures saying ukrainian warplanes close to mh set of teen and sa-11 missiles were move around in ukrainian-held territory the day before the plane came down. pentagon says there is nothing here that is convincing.

they say the west is spreading this misinformation. >> our western counterpart is very much engaged blaming someone and accusing some parties without any evidence. >> reporter: now, jon, on russian social media there is all sorts of conspiracy theories including one that the bodies that fell from the plane were devoid of blood and therefore must have been killed a long time ago. but when it comes to russian media which is largely, jon, state controlled, their message can be summed up in one word, counterclaims. jon? >> also pointing out that his, putin's popularity, very, very high right now in russia. amy kellogg, thank you. jenna: our live chat is up and running today. we want to know what you think about the immigration issue. do you support rick perry's decision to send the national guard to protect the texas border. is that the right call? foxnews.com/happeningnow and "america's asking" tab to weigh

in.

jenna: see you back here in an hour. "outnumbered" starts right now. >> this is "outnumbered." i'm kimberly. today's hashtag one lucky guy, there he is. >> good to have you outnumbered. >> looking fine today. you have the red socks and the red tie. you got the memo. >> colorful day today on the couch. >> patriot loving american. we like that. you can stay. in the next hour, air force one will take the president to the west coast for a three-day fundraising trip as mr. obama comes under increasing fire for raising campaign cash as global crises escalate and now, maybe the white house not immune to the outpouring of anger, the president's schedule to hit town with jimmy kimmel tomorrow