have fun. >> i think that's good. cindy lauper is a great philosopher. >> turns out girls do just like to have fun. >> thanks very much for joining us today. see you back here tomorrow. >> breaking news. test test test test >> that is the same area where nay have been blocked and good morning. i am bill hemmer and welcome back martha. >> good to be back. i am martha maccallum. there is no word on

>> what do we know about this? >> a couple important facts and it comes six days after the downingf of the jet and there is a sign there is no pull back in the fighting. it isn't clear if it was advanced missiles or shoulder missiles. the idea of carrying out the

international investigation on the scene when you have rockets, planes and missiles being knocked from the sky shows how challenging it is. >> they are not cowed at all by the downing of that passenger plane last week apparently. what about the latest there? the bodies from the crash are on their way home but there is now a discrepancy about the body count. >> that is right. more snags in this long, difficult effort to get the bodies home as far as investigators from the netherlands say there were perhaps just 200 bodies on the cars from the war zone. the first 50 of the victims were transfer today and they will undergo identification and the rebels claim 282 bodies were on

the train and perhaps 16 parts of bodies. but i think the is clear to international investigators on the ground there are bodies in the crash sight that need to be recovered. mor breaking to -- news -- this could be another bombshell in the irs targeting scandal after they change the story again. the hard drive crash may have been more of a scratch. at 10 a.m. eastern time, the irs commissioner will face lawmakers on this. and byron york is the chief correspondant. welcome back. you said they have to reach into

the it department of the irs. is that what they have done? >> that is exactly what happened. congressional investigators realized that as far as this investigation is concerned they will learn more from the lower downs than the higher ups. remember the top irs officials, told congress and a judge by the way, that the crash of lois lerner's hard drive was beyond any recovery and they finally destroyed it. now the investigators for the house, ways and means committee talked to the irs experts and they told congressional investigators that the hard drive was scratched and most of the data was recoverable. and they said they recommended the irs hire outside experts to recover the data from the hard drive and the higher ups didn't do that. so the commissioner is going to

be back on capital hill to talk to the house government oversight committee. he is going to be asked about this. >> and it has to tick off the republicans. dave camp said it is unbelievable they cannot get a straight answer about the hard drive. finding the answer you don't go to the top, you believe, you believe they need to go to the lower level employees? >> that is right. that is the lesson of this. yes, get the top officials' story on the record but to find out what happened you to get down to the lower levels with the people doing the stuff. and congressional republicans are getting frustrated about this. dave camp, the chairman of the house, ways and means committee used words like congressional wrongdoing. the republicans feel like they

are being jerked around by the irs and that is making them more interested in investigating. >> scratch or meltdown. the other thing is accidental or deliberate. that is a big point on this. >> actually you also have to find out whether the hard drive was destroyed. >> they want to know if t was destroyed, what were the circumstances and the irs said there were no backup tapes that record all of the it activities and now there is word maybe some of them could exist. so the whole irs story is falling apart and congressional investigators are trying to reconstruct it from the bottom up. >> the commissioner was asked how they were melted down, destroyed or crashed.

and he didn't have an answer. now the story is changing again. >> thank you, bill. >> we will watch that story and bring you the headlines as they become available. dueling rulings and a potential impact on the obamacare. one washington, d.c. court calling subsidies to people in the state exchanges were unconstitutional meaning people could see their premiums skyrocket if the money given to them disappear. but a court in virginia went the other stay. stuart varney is here. >> the immediate future is a period of confusion that boils on chaos.

the washington, d.c. said the subsidies were illegal and that will kill obamacare because it will become unaffordable and people don't have to have the coverage. the virginia court ruled in the opposite way. so we need clarity with a supreme court ruling or congress has to rewrite that part of the obamacare law. none of the above is going to happen in the immediate future. you are in for a period of confusion and i am going to say chaos. >> it looked like if the states didn't provide it the federal government could and it was read the other way in the other court. now about this study that is interesting. this goa study reminds me of when the tsa is trying get

weapons through to find out where the holes are. the goa put 12 fake people to put them through and receive obamacare benefits and 11 got through just fine even though they don't exist as people. >> it reminded me of the liar loans that used to be handed out during the crisis. they sent undercover investigators and cruised fake ids, documents, and lied about income. they did it 12 times and 11 times they got taxpayer money in the form of subsidies. the conclusion is the government isn't checking on the people that want the subsidies and a large people have gotten them fraudulently. and now the government is checking through millions of

people that have been granted subsidies. how will you do that? chaos and confusion on obamacare. >> i remember when they got it up and running they said we have no way verifying income and it is on the honor system. and i am sure some folks took advantage of that. >> now it is public, isn't it an innovati invitation to fraud? it is going to happen >> a lot of time on people's hand and they did succeed. a lot more to come on this. a brightening breach of security on the same day we are told the country is being threatened by terrorist. someone climbed at a the top of the new york city bridge and put white flags in place of the stars and stripes. what is up with that?

how did it happen? is that a wake-up call? >> and breaking news on ukraine, israel, and iraq. but where is the president? the talk over the latest presidential fundraising swing is raising a pitch. and the ruling that could gut the signature law? is that possible? >> there continues to be chaos and confusion around the president's health care law but before you find out what is in the law and you have a law that is written terriblely you see more confusion for americans. more confusion for americans. i think the numbers speak for themselves. i'm sold! a "selling machine!" ready for you alert, only at lq.com.

that'and with truecar.com,t lookithere's no buyer's remorse. a good deal or not. "okay, this the is the price," overand you're like. save time, save money, and never overpay. visit truecar.com back to this story. the shipwrecked cruise liner embarking on its final journal with the tug boats hauling the ship over four days and then it will be dismantled. 32 people lost their lives on the ship and the captain is facing charges for abandoning ship with thousands of people on board. dueling decisions on obamacare and the end game could gut the law entirely. one appeals court ruling the government subsidies for those on the federal exchange is not

constitutional and that applies to 36 different states. another court, hours later, ruled an opposite way saying the federal subsidies are good in all states. constitutional scholar, jonathan turly says this could be the death blow. >> i told congress this was a live torpedo for the water for obamacare and that hit. >> john barrasso is here. he is the chair of the senate committee. is he right? it is this a torpedo? >> i believe this ruling could be a crippling blow to the health care law because, let's face it, this law continues to be unworkable, unpopular, and what we see is people all across the country are realizing this is a law that was passed by politicians making promises they know were not true in terms of lower premiums and keeping your

doctor and in terms of cuts made to medicare. all of these things continue to be unworkable and unpopular. >> what happens now? you have 11 judges on the court in washington, d.c. there could be a direct appeal to the 11 judges many appointed by the president and democrat. do you think they will go against the ruling? >> i want to get this to the united states supreme court. i think we are looking for another high noon movement to the supreme court. i think the president will slow down getting this to the supreme court because he knows how poorly written the law was and people voted for the law that didn't read it and didn't know what was in it and he knows people across the contentuntry oppose today the law. he talks about providing

coverage and insurance and as a doctor i want to provide care to people. there is a huge difference who people have a card through obamacare but can't keep their doctor or get to a hospital in their communities. those are reasons people believe they lost their own choices and washington is in control now and they don't like it. >> so there could be millions hanging in the balance depending on the way it knows. i think for the sake of this discussion we will not know for a year at least. >> yeah, i think we'll not know for a year. things take a long time to go through the supreme court. but when you talk about the subsidies and the way the law was written in terms of having to get your money through the state exchange for your subsidy. washington has always used financial efforts to entice states to do things, money as a bargain chip. and i believe the law as written

said only people that setup state exchanges could get their subsidies that way. so i believe the washington, d.c. circuit was correct and i think if the supreme court rules on the way the law is written they will uphold that and that is why i want to get it to the supreme court. >> democrats argue this was a typo. was it a typo or poorly written law? >> i think number one the law was poorly written and that is where the chaos and confusion is around the law. but i think this was written intenti intentionally to say only the people living in the states have to get the subsidies. so if the law was poplar states might have gone that way but it is unpopular and 36 states said no, we don't want our own and

that is why the irs said you can give exchanges to the federal subsidies as well. >> a high noon moment yet again at the supreme court and we will wait to see if that happens. thank you, john barrasso. word the faa is putting a 24 hour flight israel after gaza rockets threaten the area but the mayor of new york city said he is going anyway should the faa keep the ban in place. >> and big primary win for the republican who is looking to shift the balance of power in the united states senate. >> we cannot give harry reid one more vote in this united states state senate. right? [ applause ]

tell vi aviv

if you packed a piece of fruit with lunch you might want to find something to recall. a recall due to a listeria scare. it involves peaches, plums and nectarines. they were told at trader joe's and costco and other stores. no illnesses reported yet. new developments in the contested primary race last night. the former rebockceo spent his

money hoping it will pay off. >> we will have a choice this fall and we have to win it for our kids and grandkids. >> john roberts is live in atlanta on this. this is shaping up to be a very important race. >> absolutely. and a very interesting one, too. it is outsider against out sider. david perdue and mitchell nun going at each other. david perdue ran on the change in washington and convincing voters kingstrong was there too long. he told me after the loss he was a result of the sweeping of the nation. but his opponent is better

financed and run the race in november. he said he is going to prosecute the failed policies of president obama and harry reid. >> people in this state are upset about the performance in washington and that is what we will do. i have respecht for mitchell nun but he is going to have to defend the failed prosecuted record. >> he said the first thing he would do is introduce term limit legislation and if it doesn't pass he will observe his own two-term limit. >> michele nun, what does her campaign look like? >> she was at the famous silver skillet restaurant this morning

and kicking up a tour across the state. many democrats hoped that he would become the republican nominee believing they would stand a better chance. >> we were ready for whoever emerged. we are excited to be ready and hitting the ground running for this general election. >> the race is competitive and some republicans worry that rather than control of the senate riding on races in louisiana, arizona, north carolina and west virginia, that control of the senate may ride on this race in georgia, and considering the politics of the state, that is remarkable. >> it is one to watch. thank you so much, john. add that to the pile. montana, south dakota, louisiana, west virginia. that is where the story is in

november. juohn kerry touching down on te aviv. and we will look at that. >> president obama is back on the road as the crisis smolder around the world. do the fundraising events hurt his image? >> the president is more concerned about fundraising events where he is applauded and it is all about him instead of sitting in the white house making tough decisions. making tough decisions. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function

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fox news alert. trying to sort through information right now that we are getting from southeast asia from taiwan off the west coast of the island. they are reporting a plane has crashed there in an emergency landing. and the early indication is that dozens are dead as a result. but that is the only line we

have. we are walking with a bit of trepidation trying to get more facts on the ground and figure out what is happening there. hang with us. we are in touch with folks in asia and will bring that to you as soon as we can. awaiting word on the faa between air status between tel aviv and the united states after a rocket landed a mile from the airplane. one plane that landed was secretary of state john kerry who landed and is trying to broker a deal between israel and hamas. john is live on the border. what can you tell us about the fighting so far today? >> reporter: it has been intense. serious fire fights going on include right now in the distance, let me show you this, there is a lot israeli military vehicles heading toward

the gaza border. tanks, armored carriers and airstrikes. over the last 16 days of operation protection edge there has been a great deal of fighting and in particular the last six days since the ground offensive started. going after the rocket launch sig sites and the network of tunnels hamas uses for the storage of rockets. and we have seen israeli forces am am ambushed. and on the southern part of the gaza trip there is intense. two israeli soldiers were killed overnight bringing the total death of israeli soldiers to 29 and one civilian was killed a couple hours ago in israel.

a person who was killed by mortar fire so that brings it up to three. 25 people killed in gaza and an estimated 650 have been killed and 4,000 wounded there. >> near border there in israel and gaza. thank you for that. back to washington, where president obama's decision to continue his fundraising despite the multiple crisis at home and overseas. ed henry asked josh ernest whether he thought the trips hurt the president's image. >> what about the president's time and there is five work days and three of them he is fundraising. >> i will hazard a guess that a significant portion of the president's time each day is dedicated to participating in

the presidential daily briefing, getting updates from the national security team about the situation on the ground, making phone calls to world leaders. >> they will hazard to guess he is going to do work along the way. alan combs is here and brad blakeman as well. brad, let me start with you, when i heard the sound byte it was odd that you would have to say i am sure while the president is fundraising he will be working. this is strange. >> and i scheduled the president. i worked for george w. bush and i was in charge of his appointment and scheduling and i can tell you president bush wouldn't consider fundraising or golfing at a time like this.

the perception is reality. the photops of his fundraising when we have israel crisis, kids coming across the border, and russia shooting down planes with americans on it. and it is unacceptable. and the joke is nero is out fundraising. the fact the president has to defend his schedule tells you all we need to know. >> alan, it strikes me it might be more helpful to democrats, and that is why he is interested in them, it might be more helpful to them if he said no to the events. if maybe he sent the vice president. >> and republicans would go after biden for doing it. >> i don't know. >> i think the optics are not good and i think it would be better if he didn't do them. but when josh ernest said i am pretty sure i am getting work done that was tongue and cheek. and this is a mobile presidency.

you don't have to be sitting behind a desk in the oval office as alan west suggested. and i thought president obama was so unpopular yet he is raising all of this money for them. they went after obama the other day for eating a hamburger. you cannot attack him for everything and have creditability. >> but you said the optics are not good so why does the president do it? >> it cost so much money to run for office. the real source of the problem is we should have publically funded elections and shouldn't have corporate and big money going into the electing citizens that want to serve in public office. >> but there has to be a moment to the people around you that are urging you to do this absolutely not. >> he didn't go on the jimmy

kimmel show which is good. you cannot attack him on everything. >> they went back to say they felt bad about it and they will reschedule and hope there is time for that in the future. brad? >> it is an outrage. the white house does travel with the president. but it isn't the same. the president is in command and control but it isn't the same as the president and the visual of the president being in the office and having meetings. not i wonder if the president is having footnoeeootnoteet meetin. >> ronald reagan went to two fundraisers after the downed planes in california and was seen riding a horse at his ranch and then he put this nose to the grindstone. why does this president have a

different standard? >> if ronald reagan changed his behavior because he felt it was inappropriate when will this president do the same thing? >> he went to two fundraisers after that. >> so you are saying it is inappropriate and doesn't work? >> he never attack saint ronnie when there is a double standard. >> there is not a double standard. the fact the president has to be told not to do something -- the president should have the sense to say i am not doing fundrai r fundraisers. i am going to take command of the crisis and show the president i am on the job. he likes the job but hates the work. >> before we go, let's leave people with the numbers. fundraisers so far, the president when going through this west coast tour has 401 to

date with a couple years plus in his presidency. the second president bush did 338 total. i think it is save to say all presidents are spending too much time doing this but those are the numbers. we will leave those with everybody to think about at home. gentlemen, thank you very much. we will see you next time. back to the news from taiwan. taiwanese new agency saying a plane crashed and dozens are dead and reports of survivors. but precious little new information from taiwan. transasia airways is the name of the airline carrier. they are several international flights but domestic travel is where they have gotten their growth. it was bound for the west coast of taiwan. we are working on more

information and when we get it we will bring to to you. in the meantime, another big wake-up call for national security. who was on top of the brooklyn bridge putting up two white flags in place of the stars and stripes? there is a lot of questions and confusion in new york city because of it. it happened the same day the people from the 9/11 commission warned the country is getting complacent on terror. we have a live report on that next. next. p÷úññ @úñx four wholesome grains.

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we are backing with breaking news from the taiwanese reporting a plane crashed in an emergency landing killing people and there are survivors but very few in comparison. we are work to get more on it. it was transasia airways according to the report and the fire department is on scene working on it. we will bring you the breaking

details as we get them. the faa banning flights into the tel aviv after a rocket laded near the airport east of tel aviv. critics are defying the order and heading to the airport in protest of that rule. the former mayor bloomberg is among them. he wants to lift the ban and hamas is saying it is victory. >> what are you trying to prove by going there? >> showing it is safe, and a great place to visit and israel has a right to defend its people. >> we have an aviation attorney and law professor. good morning. you have been with us a lot on these stories. the mayor tweeted i will be flying on lo to tel aviv to demonstrate it is safe to fly in

and out of tel aviv. outside of the former mayor and also john kerry you have to think the airlines were considered that a rocket filled from gaza could take down a civilian airline in tel aviv and no one wants that. how much do they consider the possibility that airlines would be equipped with counter material that could fend off something like a rocket or missile? >> current airliners don't have that. there are numerous companies are trying to develop these things but now you are limited for an aircraft to change attitude quickly. we know hamas is firing mo-2s and those are long rage. not as sophisticated as the buk

missile but -- >> that was a heat censor? >> yes, on the war head. this is artillery missiles falling into the airport area. they are more afraid of aircraft on the ground that will be hit rather than taken out of the air. >> do you agree with the faa's decision? >> it is only a 24 hours decision. by 12:00 today we should have a new decision and my guess is the faa will come more in line with the european agency that said they don't want flights in the area if you don't have to have the flights in the area. they are not banning them. i think the faa will go that way and leave it up to the airlines in way. >> the european airlines, some of them, are following the faa. can you imagine the impact it

would have on civilian travelling. >> especially in tel aviv where they have had a record-number of visitors and they depend on tourism. >> you know the collision avoid system that works and took a long place to put in place. but now it is in place. is there anything you can use to defend yourself from a incoming missile? >> there are numerous devices in the works but nothing is hundred percent or even 70%. so the effectiveness is limited. >> how long does this last? >> i would think the faa will reduce it and we have to look at the intelligence. with the m203 missiles, could

israeli neutralize that. >> is that syrian or iranian made? >> it is syria made but hamas is using it. >> is that a smart rocket or missile? >> it is just a longer range missile and could hit tel aviv airport with a range from where we know they were. if the israeli defense forces can take out the battery perhaps it will be less within that diameter. >> do you see this as a victory for hamas? >> politically it will have a effect but if it is short term it may not be a big issue. >> don't go too far. solumn moments as the first bodies arrived on the plane from

mh 17. 40 victims are said to be on the plane. 193 members of that country were lost in that horrific tragic crash and the beginning of this sad, sad reuniting with these families. the families are said to be there waiting. some british and many from the netherlands as they begin the difficult part of this journey home. and this strange story in new york. white flags waving above the brooklyn bridge. is it is a prank? or a sign of false security and potentially a sign the united states is open to attack. very strange. >> for someone to compromise the gate by going around it, continuing to the top of tower and have the right size cover to

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mystery today. is this protest a type of performance art or something else on the brooklyn bridge? someone shimmied up the side of the bridge and replaced, where the american flags are always flaying, with white flags that have a faded version underneath chat . it happened on the same day the 9/11 commission said we were getting complacent. laura ingle is live. what do we know about this? >> a spokes person from the nypd only said the investigation is

going on but they could not say what is responsible for what they are calling a massive security breach. the police will go over every inch of frame to see if they can get a look at the 4-5 individuals walking on the to the bridge. the swap went down around 3 a.m. it must have been a team of people who have experience scaling large buildings or bridges. it is obvious they climbed to the top of it 276 foot towers and who ever did it was able to scoot by the security posted on each side and used aluminum plans over the lights to eluminate the flags to pull it off. it could have been a bomb or

worse which is wheny they are taking it seriously. >> the gates were locked and for someone to compromise the gate, continue to the tower and have the right size of the light, there is an indication of a good deal of preplanning and perhaps they have experience climbing in construction or bridge work or they may have been up there before looking at the dimensions. >> reporter: an nypd says they have teams looking at the most vulnerable part of the bridge but somehow this happened. >> laura, thank you very much. >> live look as the victims from that malaysian airflight 17 now landing in the netherlands.

this is happening as we get reports of two military jets shot town in eastern ukraine. we will talk to john bolton about what is going on there today. today. really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. introducing at&t mobile share value plans... ...with our best-ever pricing for business.

. martha: so we do expect some fireworks on capitol hill. it is expected to get underway at any moment. we're awaiting important hearing with head of irs once again back in the hot seat. he is expected to be grilled on the bombshell revelations that suggest that the agency has not been telling the truth about what happened to the thousands of emails critical to the targeting in this investigation. welcome, everybody. brand new hour two starting now of "america's newsroom." glad to be with you. i am martha maccallum. bill: i'm bill hemmer. good morning to you, martha. back in june commissioner koskinen told congress all of lois lerner's emails were gone in a computer crash and the hard drive, that is nowhere to be found either. now we learn that may not be the case. martha: chris stirewalt, fox news digital politics editor

joins me now. chris, good morning to you. >> good morning. martha: we remember paul ryan looking at john koskinen saying, i don't believe your story. now it appears he may be on to something. >> not only that we remember john koskinen refusing to apologize. i don't believe i owe you an apology. we remember john koskinen, who brought forward, government officials and bureaucrats cheered him on, i haven't done all these things to come around here and answer these kind of jerk questions. he was so cross. but now we know that he was also, so inaccurate. and was he deceiving or was he misinformed? did people tell him the wrong things? we don't know. but he was testifying under oath. he will have to answer for that. he will have to answer it for two reasons. you talked about the new discovery that we have that relates to the email having been just scratched and recoverable, and, i.t. personnel saying hey,

why don't we dive deep into this disk and get everything out of it, bring in outside folks. no, let's shred it. we know that lerner's missing e-mails may exist somewhere now and that creates a pincer which may make it impossible for the folks at the irs to evade tough questions. martha: i would imagine, if you're on this panel, he was brought in to figure out what was going on at the irs. >> right. martha: that is what the american people's taxpayer dollars are paying him to do and it appears, unless he has a whole different story today and it is credible, it appares he sort of cape in and was, sort of hoping the whole thing would blow over and didn't make much effort to figure out what the heck was going on the at agency he was supposed to be running. >> if you don't think there is, dare i say, a smidgen of corruption at agency you don't look at the right things. that is a possibility. from a larger political sense, from a restoring the confidence of the american people sense, you and i talked a long time

ago, this scandal is more than a-year-old. we talk adlong time ago, about what the conventional wisdom, common sense answer here was to find a credible republican who could come in and act as the scouring pad for this agency, to come in and direct a badly listing, this listing garbage scow, no, we can right this we can make it work and do this and do it with credibility. the administration chose to go the other way and they continue to pay a price for that shortsightedness. martha: we'll watch it play out. darrell issa gets underway. we have breaking news we want to get back to from taiwan. chris, thank you very much. we'll see you later. bill: more information on what is happening in taiwan. we'll bring that to you in a moment. first we take you to the netherland and look at what is, by all accounts, a terrible and terrifically-sad moment for that country and the families of the victims who are there to receive the bodies that have now returned home on board flight

17, shot from the sky last thursday afternoon, flying over eastern ukraine and want to bring in ed henry from the north lawn of the white house, our chief white house correspondent to take us through this. ed, good morning to you. >> reporter: good morning, bill. bill: the president is on the road. we'll get to that in a moment. he was signing a book of condolences yesterday. said repeatedly about the relationship united states has with holland. now we're viewing what is an awful story, ed. when you hear, that the parents of these children, write their letters or, post messages on facebook. and you see the pictures of these kids and these people who were so innocent, and taken in such a quick instant. >> reporter: absolutely. the president has been reaching out to dutch leaders in recent days. as you noted he was at dutch embassy in washington before heading out on the road yesterday and talking about how he wants to help bring justice here and, these families must be

struggling with that idea of justice because how can it possibly be justice in the early days when they were taken so tragically to begin with, as you say but secondly, their bodies were left in a field for days. they finally got into those trains and, you know for a couple more days. it has now been almost a week. they're finally coming home. and yet not everyone is coming home. as you know as well there is discrepancy in terms of the numbers. we know there were 298 people at least according to the manifest. and so far the suggestion is that 200 bodies are headed to the netherland. so there is obviously a gap there. there have been suggestions from our own steve harrigan on the ground, there are still body parts out in the field. they're trying to figure all of this out. that has to make it harder for families going through so much grief. [horn blowing]

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bill: ed, it's a secondary point, nonetheless very important here at home. a three-day fund-raising trip. i know you asked the white house questions about this. well, frankly democrats raise ad question too about their own president, commander-in-chief, being on road, raising money at a time when there are so many important and significant hot spots around the world. now how do they defend a trip to seattle, followed by a trip to california now? >> reporter: well they say, look, the trappings of office follow the president wherever he goes. that is certainly true, whether a democrat or republican in office, that when they're traveling around the country, traveling overseas, they have secure phone lines. we've seen the president even when he was fund-raising in new york city last thursday night after this tragedy first occurred, he was on the phone with world leaders, dutch leaders and others to figure all of this out. they say look, he can focus on

his day job while still being party leader, raising money. you're right, democrats like dianne feinstein, saying you might need to show more leadership with all these crises around the word, bill. bill: she was just one. thank you, ed henry from the north lawn there. martha: we'll continue to keep an eye on that situation in netherlands as they welcome those bodies of those that were lost in the crash home. we're get at the same time, new information on another plane crash. this appeared to crash in an emergency landing killing dozens of people according to these early reports. there are reports of survivors but we just don't have the numbers firm at this point. it was a transasia flight, 54 passengers aboard, four crewmembers, on a flight off the penghu islands, off taiwan's west coast. it departed in bad weather following a typhoon. the pilot believed to try twice to land the plane. but eyewitnesses say it smashed

into two homes and set them on fire as they have attempted to get some of the to hospitals injured in what looks to be another horrific plane crash that happened in taiwan. that is the latest we have. more coming. bill: british telegraph newspaper, reports 72-seater plane, carrying 50 adults, four children. twin-engine turboprop, crashed outside about 7:00 local time, making a second emergency landing. apparently there was just a typhoon there yesterday. they have been going through bad weather, typhoon matmo tuesday morning. we're working on more information. hoping for the best but this does not appear to be good news from taiwan either. here at home we have dueling rulings, leaving the fate of obamacare hanging in the balance yet again. two top courts split on key aspect of the law. where does that leave the signature legislation? we'll bring in an expert on that to figure it out in a moment. martha: new questions about how

the obama administration is handling the surge of hundreds of illegal immigrants across our southern border. do other nations have a better grip on tackling these issues? we'll talk about that. bill: also there is new outrage after a veteran waits so long to see a doctor at a hospital, he actually gets locked in and left behind. listen to this 911 call. >> 911, what is your emergency? >> hi, i want to report that i apparently got left in a va facility, medical facility and alarm has been going off.

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bill: few tense moments now for the pilot of a helicopter that crashed in remote area of washington state. investigators say the chopper was part of a logging operation. it clipped a cable as it was taking off, weren't spinning out of control. the pilot injured. no word on his condition but faa is investigating to figure out how that happened. martha: undercover investigation now revealing one of the biggest fears about obamacare coming true and that is fraud, that has come out of this study. congressional investigators set to testify before a house committee today how they were able to use fake identities to get subsidized, partly-free health insurance. texas republican congressman kevin brady senior member of the house ways and means committee. he joins me now. congressman, good morning. great to have you back on the program. thanks for being here. >> good morning. martha: basically part of this study that 12 different individuals tried to use fake identities in order to secure,

in some cases free health insurance for themselves and 11 of them were able to get it, right? >> yeah they were. this may be a small group but it really exemplifies the whole issue of fraud within this health care program. martha: you know, it is very, sort of, i mean, it reveals what we have been watching all along, which is that the website, even the administration said, we're not going to be able verify incomes necessarily. we haven't worked out that part of the website yet. it shows how much of this rollout just really wasn't ready since, you know, you are able to get on there to get it without verifying how much you make or what your name is. >> yeah, it was stunning really. one, it was conducted by the gao. it may not have been a large group but virtually everyone of them was able to obtain subsidies fraudulently. the only one that was stopped frankly, just refused to even provide a social security number. what was interesting as well, was that, when they sought help from navigators they were turned

away i think in all but one or two cases. so the group supposedly paid with your tax dollars, to guide people through this complicated process refused to even help those who needed it. and so, this is troubling from a whole different direction. martha: yeah, in fact it does raise more questions as you point out about the navigators. we all remember learning who they were and how they were being trained. they didn't get a whole lot of training, one of them in this study did turn someone down. they said your income is too high. you won't be able to receive this subsidy. is there, what is your handle on what has been done since all of this attention was given to this program, to fix it, to get the website running appropriately, to train the navigators better? what is going on with that? >> i think only the surface was fixed. they tried to address the website itself in the initial frustrations with it. the whole back end of this complicated law is still not in

place. this investigation reveals what happens when you try to fraudulently get subsidies but there are we think millions of americans who are getting subsidies today, that aren't eligible and either this next april or the april after it, may well be facing, you know, thousands and thousands of dollars they have to return to the irs as a result of this program, this law, simply not being ready for prime time. martha: well, congressman, i think supporters of the law would say, you know, it is helping a lot of people. a lot of people have health insurance that didn't have it before. you could look at any government program, disability, medicare, you will get a certain percentage of people who get through and fraudulently get benefits they don't deserve? >> i will tell you not to this extent ever, not in such an important category and not with a law that has been in place

more than four years. they spent billions of dollars, yes, someone is going to be helped when you spend this much money but how many people are being hurt? that is what we continue to focus on. martha: so you have these two rulings also that came down from the court, federal courts, and they're likely to see their day in the supreme court as well. do you think that this is falling apart, based on these rulings and perhaps, in part because of this study? >> you know, i think it is, while, some are saying, just look at numbers of those who enrolled, i think real problems for real people are what's pulling this law down. it is, people are really forced out of plans that they liked, that they could afford into ones they don't like and can't afford. they're not able to see the local doctors. a lot of them are seeing, drugs they have been using for their kids and family are exorbitant in price. and now, we will continue to see the problems with the system, in increased premiums here later

this year. and so, while some are focused on the big number, you look at a real impact, that law continues to be a real disappointment. martha: number of poll numbers, this morning, 59% of the americans according to one poll, that was highest number i ever seen oppose obamacare at this point. we will see. congressman brady thank you very much. >> thanks, martha. bill: two more fighter jets shot out of the sky in ukraine. ambassador john bolton on what that niece means next. martha: gotten to the point where it is nearly impossible to be a successful president. big question, we'll talk about it. >> this president is having a hard time. george w. bush left office with a low popularity rating. after having wasted what turned out to be exceedingly unpopular and protracted war. and therefore the cases made, it wasn't made, you may recall when barack obama was running and bush was still president, that the job was too hard. hey pal? you ready?

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martha: some stories about long wait times at va health centers but this story is unbelievable, this morning. marine corps veteran went into a va clinic in orange city, florida. near orlando, apparently he was waiting so long that he got looked in which is bizarre, right? the staff forgot about i am and apparently went home and he had to call 911 to get out of the facility. >> 911, what is your emergency? >> i want to report that i, apparently got left in a va facility, medical facility and the alarm has been going off. martha: va says we want to apologize to mr. duck for his experience. we're looking at closing procedures. we'll make changes to make sure this does not happen again. perhaps making doors not be locked from inside. bill: breaking news. two more jets shot down over

ukraine. this time ukrainian fighter jets, pro-russian rebels, said to have reportedly knocking them out of the sky near the russian border. less than a week now, after a commercial passenger jet shot down in the same area, 298 killed then. john bolton from u.n. and fox news contributor. eastern ukraine. you wrote this yesterday in the wsy the flight 17 catastrophe is another crushing blow or it should have been. >> well to putin's militarization of the dispute with ukraine, what he has done, is create circumstances and while it may not have been directly foreseeable, the separatists would have shot down innocent passenger plane by moving sophisticated military equipment into the area, allowing separatists to have control of it, it is perfectly understandable this could go on. if anybody thinks russians or separatist its have been intimidated by international reaction to the shooting down of

malaysia airlines flight, look what you just reported, this morning, shooting down, two more ukranian fighter planes. bill: what does it tell you if they don't think they care. >> they can get away with it. foreign ministers in brussels approved slight increases in sanctions against a few more named individual but were reluctant to take preparatory steps to go to much broader sanctions. where is the president? he is not on the bridge, that's for sure. bill: as for economic response, sanctions should be sharp and effective. >> what we have now -- bill: are they even effective? >> there they're broadly proposed, widely enforced we have sanctions misdirects or companywise sanctions. whats happens, mr. x and company y don't deal international. turns out to be mr. a and company b. that approach to sanctions which obama administration followed not just in ukraine but across the whole range of sanctions

incruding iranian nuclear weapons program are made futile and russians know this. bill: when the president talks about consequences, does not appear to be obvious to people what consequences are or could be or might possibly be some day at some point? >> he is following academic model of gradual escalation. they call it semiotic warfare, you signal here and signal there. the russians ignore that as do most authoritarian leaders. that's why i say sanctions need to be sharp and very clear. for example, ban all air low from the airplanes coming into western europe or to the united states. ban all russian financial institutions from participating in american financial markets. do something that gets their attention. bill: do you see that happening? >> no. bill: oh, if that is the case then maybe we're playing a different hand. nabe we need putin with regard to syria, maybe we need his cooperation when it comes to iran? >> the obama administration might believe that but they

would be wrong in both cases. russia has no interest in obama administration wants in syria, easing assad out of power. as far as iran is concerned they are happy about united states and israel to worry about iran's nuclear program. the russians don't see it as a threat. bill: nothing is changing? >> nothing is changing. bill: even after this tragedy? >> we saw it this morning with two fighters being shot down. bill: and plane coming back with the bodies to holland. it is truly gripping and sad. our heart really goes out to the families. >> it's a tragedy. bill: thank you, mr. ambassador. >> thank you. bill: john bolton here. martha? martha: back to the obama care question. it may be on shaky ground after two big court decisions that went opposite ways within hours. one could cost americans dearly. will this go to the supreme court? will they get a second crack at health care plan? bill: crisis growing at the mexican border. thousands of children in limbo. so, how have great britain and france handled their immigration

crisis? because americans seem a bit split on this. >> just children in need. they're children that if, they don't come here, they probably don't have a future. >> i don't think it is right they're bringing illegals over here and taking care of them but we have men, women and children who are americans borne and raised here going without. creates something else as well: jobs all over america. engineering and innovation jobs. advanced safety systems & technology. shipping and manufacturing. across the united states, bp supports more than a quarter million jobs. when we set up operation in one part of the country, people in other parts go to work. that's not a coincidence. it's one more part of our commitment to america. man: woman: but, but jimmy. all of these travel sites seem the same. captain obvious: i always use hotels.com. with their loyalty program, i get a free night for every ten nights i collect. so they're not the same, because they're different.

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martha: just in early stages of the house oversight subcommittee hearing. there is john koskinen as he begins his opening statement here. we'll keep an eye on it. we'll get to some questioning as it moves forward. representative jim jordan among those questioning john koskinen. they will try to hold his feet to the fire no doubt with some things he said last time around now that word has come in from some looking into this investigation that the hard drive may actually be recoverable for lois lerner and if that is the case, where these, where these emails actually may still exist. so we'll keep an eye on it like i said. we'll take you back there as

merited. bill: meantime, martha, back to another one of our top story this is morning, dueling court decisions that could ultimate spell the end of obamacare? that is what some suggest including wyoming senator john barasso who we talked to last hour why he thinks the law is now in trouble. >> this law has been so unpopular around the country, 36 states said no, we don't want to set up our own exchanges. that is what made i think the administration to force the irs to make a ruling to say, okay, you can give subsidies to the federal exchanges as well. bill: senator barrasso is also a doctor. jordan sekulow not a doctor, director of american center for law and justice. dr. marc siegel is. professor of medicine at nyu langone medical center and member about our fox news medical a-team. good day to both of you. jordan, start with you, what is the famous line in the rocky film? ladies and gentlemen, we have a split decision. you had one court in washington, another court in richmond, only

hours apart. what do you think or how do you see this now measure up from a legal standpoint about the fate of obamacare in this law? >> sure. well, i mean certainly the d.c. win for those of us who are opposed to obama care is a big victory, 2-1 victory. the fourth circuit was loss, 3-0. make up of courts, two republicans on d.c. circuit, republican nominees, three democrat nominees on the fourth circuit. now, the question, bill, will we continue, as we said to have a split? that is because the obama administration can appeal this in the d.c. court where they lost to en banc panel. that means all 11 judges of the d.c. federal circuit court of appeals. when you look at that breakdown, this days there were two republicans, one democrat nominee, the full court is seven democrat nominees and four republican nominees. why is that significant? if that en banc panel were to say, you know what? we agree with the fourth circuit, this law is vague enough where these federal

subsidies are okay even though not specifically mentioned in section 36-about of the law, there is not a split in the circuit, so the supreme court could still hear the case on appeal but not as likely to. bill: i see. now, senator barrasso thinks there will be a high noon moment yet again at the supreme court. do you see this as a poorly-written law or see it as a typo? or do you see the intent of the law now being challenged? >> well, this would certainly, if the d.c. circuit ruling stood, so if that is what the supreme court ultimately if they heard the case decided it would gut the law. doesn't gut subsidies. it would gut individual mandate for people, in 36 states, majority of enrollees on healthcare.gov and also the employer mandate because without the individual mandate, without the subsidies, all the percentages are off. now of course what we know this was a law that was rushed through, wasn't read clearly by congress. it comes down to statutory interpretation. if you read i, it says clearly

you have got to purchase on a state exchange to get these insurance subsidies. now, the difference is though, in other parts of the law, it allows for federal exchanges to be created when, if states don't create exchanges. so it was an error. the question, the way judge looks at it, do they see error that creates part of the law being really, so it conflicts, it is illegal, or, is it vague? what the liberal judges have said, it is still vague enough and what more conservative judges said the law is what the law is. we didn't write the law. we interpret it. bill: that is to be determined by higher power. i don't have that law degree to do it, jordan. stand by one moment. what does it mean for millions of americans who are living in these 36 states that do have a state exchange? >> bill, i'm not a lawyer either, but wording like exchange established by the state, to me that should worry every patient in the 36 states. we're talking about five million patients right now, a lot more to come, who bought their

insurance on the state exchange, who maybe were underemployed or unemployed, didn't qualify for medicaid. they want an insurance they didn't have before. the only way they can afford the premium is with subsidy because hhs has said, on average 90% of the people who are buying through the state exchanges are getting a subsidy. you know what, bill? the subsidy is 3/4 of the premium on average! so a person out there working as custodian or teacher or truck driver or in a gas station or isn't employed at all, many of our viewers out there couldn't afford this insurance if they didn't have this subsidy. i would be worried if i were them right now because the law clearly says an exchange established by the state. i'm worried for america's patients who are already having trouble with obamacare. bill: what you're also questioning, if you turn back the clock four years, which we can not do, you would find that you're arguing that the law is too expensive? >> it provides for a product that covers too much. i love preventative medicine but

if you ask insurance companies to cover everything they will charge high premiums that people don't have a lot of money can not afford without federal subsidies. there we go with entitle again. federal government has to pour out billions and billions of dollars to hold the rear end up of this law which couldn't stand on its own of the we need a small irproduct that would cover catastrophic. bill: only way you get that the supreme court says the court in d.c. was right and you can not use these subsidies across the country. >> that's right. that is for lawyers to died decide whether it gets to the supreme court. wording of that law looks to me it didn't provide for this. bill: jordan, will there be a high noon moment from the supreme court a year from now? >> it is possible. here's why, bill. not just because of these two cases but in each of the cases with conflicting decisions they both said people have standing. people eligible to the receive subsidies and epemployers subject to the mandate because of subsidies in 36 states where

they run federal exchange have standing in federal court. this may be tip of iceberg. you may -- bill: hedging, yes or no, noon moment? >> i think we coo get there but the en banc panel makes me nervous. bill: doctor? >> we should get there that we should go to the supreme court. >> i agree with that. >> see you guys later. many thanks. 22 before the hour. martha: massive humanitarian crisis at our southern border. tens of thousands of undocumented immigrants, many are unaccompanied children, are still streaming across the border from central america. the obama administration has struggled to take charge in this situation. but other western governments have dealt with the same issue. so what did they do? william la jeunesse is digging into the story from los angeles. hello, william. >> reporter: martha, other countries face similar problems though not on this scale. africans seeking asylum in spain and italy, afghans going to greece, iraqis going to germany.

everyone handles immigration differently, giving women, children, families a bus or plane ticket to city of choice isn't one of them. the u.s. isn't the only country faced with a flood of illegal immigrants and unaccompanied minors seeking asylum. italy turns back many boats carrying illegal immigrants, including minors arriving from albania and africa. those that make it are taken to camps. some are returned home. others live on the streets. in greece, illegal immigrants are kept in detention camps. children housed alongside adults n 2012, 8,000 syrians sought asylum in greece. other thanly two were approved. eu installed 20-mile barbed-wire fence on turkish border with bulgaria. it reduced immigration there from 2,000 a month to 300. france denies 90% of al asylum requests. unaccompanied children are typically turned back at the airport without so much as interview.

unlike the u.s., france does not grant citizenship to children born to undocumented immigrants. about 3,000 unaccompanied minors al ply for asylum each year in the u.k. on average, 13% are approved. in australia, unaccompanied children are held in offshore detention centers up to nine months. fences and infrared cameras help secure spanish islands in the mediterranean. processing centers there are overcrowded and unsanitary. now on paper, europe like the u.s. is supposed to act in the best interests of the child. in practice, public opinion, martha, often influences how the law is interpreted overseas as well back to you. martha: stunning numbers, william. thank you very much. bill: immigration of course one of many issues plaguing the country for decades. doesn't seem to matter who is in the white house. is being president an impossible job? we'll debate that fair and balanced next. martha: new video offering first-hand view of the spacex

rocket returning to earth now. see how that goes. bill: yeah. ♪ four wholesome grains.

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bill: got some new images released from the spacex rocket making its return back to earth. what is cool about this, it actually lands on legs or that is the idea anyway some day. this is over the atlantic ocean. video captured on the falcon 9 rocket. trying a soft landing. ice on the camera lenses. flames and ice forming are part of the reentry process. the company that operates the rocket calls landing success. scheduled another splashdown for september. that means maccallum and hemmer are that much closer -- martha: to going back up. bill: to a road trip. >> i think so. next summer. here is a question being raised, is being president of

the united states now basically an impossible job? our own brit hume taking that up during "the kelly file" last night, pointing out how many political writers are asking that same question about even prior presidencies. >> we all thought that the anointed one would come in and we would be back in clover again. this from barbara tuck man, famous historian, quote, the job of president is too difficult for any single person. columnist joseph craft, prominent in that era, the presidency as institution is trouble. as vice president mondale said in recent interview, fire hydrant of nation. presidency as defeated last five men who held it and persuaded some people served them in danger becoming a game nobody can win. martha: mark hannahorked as aide to john kerry's presidential campaign in 2004 and president obama's presidential campaign in 2008. row conn, with show with richard

roper. how difficult it seems to be to get anything done these days. is it an impossible job? >> i don't think so. i do take to his point and brit hume made a good case in his appearance on kellify, the political climate is such that very difficult for any president, whether president clinton, president george w. bush or current president to get substantial majority of the population to support your public policies. it just has to do with the has to do with fact there are very few moderates. unfortunately there is little political inincident tiff to compromise in washington. even when presidents do compromise, for example, when clinton passed welfare reform or balanced budget bill or when george w. bush passed education reform, they still were very much vilified by their opposition party, and so what i think this president saw or maybe his advisors did, maybe, the good will you end gender

from passing something that is truly bipartisan, is pretty much evaporated in this nasty sort of partisan political climate. martha: you look back though, and brit referred to the anointed one was going to come, we would all be back in clover. that was the feeling during president obama's campaign and his election and i just want to play this sound bite from one of the debates where he talked about what his approach so foreign policy would be. let's listen. >> is reaching out aggressively to our allies, but also talking to our enemies and focusing on those areas where we do not accept their actions, whether it be terrorism or developing nuclear weapons. martha: the president has had a hard time, some might say, roe, acting in the foreign policy arena. he said very clearly back in that debate we needed to be more aggressive in bringing in our allies. we also had sit down and talk to

our enemies. some might say he checked out to a certain degree when it comes to foreign policy. >> yeah. i think that is probably true because he has found himself in a situation that he did not expect to be in. often when presidents come into office, especially replacing a party already in power they have this idea of a mandate. they think they can change the world. i think this president particularly thought he could charm the world being with him on things. let's face it. everybody acts in their own self-interests whether russians or saudis or iranians, iraqis or anybody. listen i understand you, i feel your pain, very clintonian, actually, let me help you with this, doesn't really work on national scale when you have big money, big military interests, all those other things at play. martha: you know, i mean, mark, when you take a look at this presidency, and i'm looking at it through the foreign policy lens, talking about whether or not you can be effective, the president laid down a red line in syria, some may look back in

24 presidency, was turning point how serious he was getting anything done internationally. he said clearly there we need to sit down and talk with our enemies. i think people would fault him less if they saw them more active in that role. >> right. the president can talk as much as he wants to with your adversaries overseas. he can talk to adversaries in congress. unfortunate thing, if you're a conservative member about congress and you come from gerrymandered district you have very little incentive to go along with the president on anything. for the president's sake, or the of short coming i think of administration is the ability to persuade in this modern, sort of media environment where you don't have the bully pulpit. you don't have, for example, when, fdr would go on the radio and make the fireside chats, everybody would listen, even if you disagreed with roosevelt, same with kennedy and televised press conference and reagan national speech. today the president will make a

nationally televised speech and media won't cover it. he doesn't have the attention of american people. martha: appears would require somebody with a tremendous strength of character and willingness to buck the system and to speak out and, you know, in order to rein it back in and give it some power. we will see. thank you very much. interesting conversation. good to have you, roe. see you, mark. bill: jon scott coming up, harping now rolling -- "happening now" rolls our way. how are you? >> morning bill. plane crash in taiwan. 5reportedly killed. we'll have latest on that. latest on investigation into the downed malaysian jetliner and news two more jets were shot down there. plus, should anti-missile defensivelies be installed on all u.s. commercial jets? how much sleep do you think you need? new research that might surprise you. the answer coming up on "happening now." bill: what do you think the answer is? five hours? >> i go five or six. bill: don't get much more than that. see you, jon.

top of the hour. you know the word police. how about the water police? controversy over crackdown in one of our biggest states. ♪

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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. martha: sad news today involving one of the biggest figures in the nfl we learned this morning that denver broncos owner pat bowlen, is giving up control of his team due to ongoing battle with alzheimer's. this according to "the denver post." his wife released following statement. pat very bravely and quietly battled alzheimer's disease past few years. we're saddened pat's health no longer allows him to oversee the broncos. this acknowledgement after personal health condition. since he bought the team in 1984 the broncos have won more than 300 games and been to six super

bowls. winning two in 1997 and 1998. bill: some california towns are getting tiff on those who do not comply with mandatory water restrictions. they're bringing in water cops. will carr, live in l.a. not arrested yet. how dot water police work, will? >> reporter: well, bill they're on the look out for any water scofflaws, because the vast majority of california is in extreme drought conditions right now. so a number of city and water agencies deployed these so-called water cops. they're issuing warnings and fines because right now, 60 cities in california have mandatory water cutbacks in effect. now according to local reports los angeles has only one water cop right now but plans to add three next month of the santa clara valley water district in the bay area plans to hire 10 water cops in very near future. even with the water cops during this historic drought, only a few cities are writing tickets or issuing fines so far.

that does include sacramento where you can get up to $1,000 fine. bill, the goal they say is change behavior, not raise revenue for the city. back to you. bill: we'll see if that works. thank you, will carr. watch the hose, man. we're watching you. live from l.a., martha. martha: so search for missing emails in the irs targeting scandal is shifting into high gear today. there is a hearing going on after a irs attorney contradicted previous testimony, said backup tapes, maybe they are still around. better look in the back closet. we'll find out if they're lost after all.

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hotdogs every second. >> the next time you're in new york get a dirty water hot dog. and if you would say delicious. >> absolutely. see you tomorrow, everybody. jon: we begin with a fox news alert on a plane crash in stormy weather in taiwan. the plane report of while attempting an emergency landing on a small island near taiwan killing at least 47 passengers. he described the scene as chaotic. transasia flies mostly domestic routes. we will keep you updated as we get more information. jenna: in the meantime back here at home house lawmakers making a push for answers on lost e-m