again, thanks for high school watching us tonight. miss megyn is next. i'm bill o'reilly. please always remember the spin stops here. we're definitely looking out for you. breaking tonight, the obama administration just pick a side in the israeli-palestinian war, and was it the wrong one? welcome to "the kelly file," everyone. i'm megyn kelly. the faa extended its ban to all flights to tel aviv for another 24 hours. a move hamas, which the united states says is a terrorist group, hailed as a great victory. the ban was suspended despite the fact there's no similar ban in place in flights over pakistan, yemen, not even one over ukraine where a commercial airliner was just shot down. now texas gop senator ted cruz is insisting this is a de facto boycott of israel offered at the same time we are sending $47

million in aid to gaza, which is controlled by that terrorist group hamas. andrew mcar thi, building the political case for obama's impeachment, senator cruz went a step further a couple hours ago saying he wanted to put a hold on all state department nominees until the white house answers his questions which zero in on whether they had a hand in the faa's decision and whether this is in effect a boycott of israel. is it the right move? >> it's absolutely the right move. it's certainly the right move for him to use what leverage he has to get answers out of the white house. and the substantive move underneath it. >> what you say the white house administration should not be sending john kerry over there. they should not be demanding a cease-fire. they should be letting israel do what it's doing because we need israel to win. >> yes. hamas is not only israel's enemy, it's part of the global jihad. it's our enemy. and for those who actually care

about peace in the middle east who want to have a two-state solution, the only chance that you have for that -- and i'm a skeptic about whether it's even possible under these circumstances, but the only chance you have is if hamas loses. and if the will of the global jihad is broken. if that doesn't happen, you cannot have the conditions for an enduring peace of any kind. >> but this is akin to the united states being at war with al qaeda and the united states making progress on that war with al qaeda and being on the precipice of defeating al qaeda and then maybe our allies in europe saying, no, we need a cease-fire. take your heel off of the neck of the al qaeda snake. >> right. >> when we're saying, no, we want to eliminate them. >> in this instance it's in many ways worse because israel's a smaller country. and what we've learned over the last two weeks is they have a highly sophisticated -- hamas does, network of tunnels running all through israel which are designed for terrorist attacks, for abductions and for strategic bombings throughout israel.

>> just this past week the israelis caught some palestinians wearing israeli guard uniforms trying to sneak into israel. and they found some very telling items on those palestinians -- on those hamas operatives. >> yeah, things like handcuffs and sedatives and things to put people out in. it's clear they were planning abductions. and, look, i'm a big fan of the way israel does its national security. but i think one of the mistakes it makes is basically boughtering with terrorists. >> they released 1,000 palestinian prisoners for one israeli. >> and look at what the incentive has done. basically what hamas is planning to do among other things is abductions because they know that that gives them great leverage against israel. >> in the meantime they found one of these tunnels leading underneath a kindergarten. >> right. >> with the suggestion they were going to bomb a kindergarten. that these gaza -- these hamas operatives were going to bomb a kindergarten. >> there's a certain symmetry

because they bomb from kindergartens in gaza. >> which leads me to ask another question. because you cited with approval an op-ed in "the wall street journal" from the other day where the author was arguing you could make the case that some of these palestini stin civilian d we're seeing aren't truly civilians because these are people who have chosen in some part to house terrorists, to house their weapons, to house their bombs. and therefore can you really call yourself a civilian. the critics of the professor who wrote that article, he's a fellow i think at nyu, who wrote that op-ed say that he sounds like osama bin laden and for you to cite him with authority makes everyone supporting him documents the art of terrorist. saying it was fair of us to bomb on the world trade center on 9/11 because really all americans have blood on their hands because they support their government's policies. >> that's preposterous.

hamas was elected by the palestinian people. so they chose hamas. and they chose hamas under circumstances where hamas exists for one reason and one reason only, which is to eliminate israel. >> that is in hamas' charter. that is a statement of fact. >> no, this isn't my opinion. they not only say that, they want you to know that. they want israel to know that. so tha palestinians chose. >> okay. so now accepting that, how can you still look at the deaths of children, you know, on television because the israelis have been far more effective militarily than the palestinians have and say we shouldn't be concerned about it, it shouldn't be something the american people are alarmed by it. >> you know, the fact of the matter is when you have a war, you are allowed under the laws of war to attack strategic military targets. and if strategic military targets include places where the enemy is not only firing at you

but using human shields to try to discourage you from retaliation, you have to be able to retaliate. that's part of the reason war is so horrible and we hate it. but that is the way war has to be fought. >> and israel gives advanced notice of the specific target. >> unlike us in many circumstances. >> an di, thanks for being here. >> thank you, megyn. joining me to react, national spokesperson for -- and author of demystifying islam. let me get you to respond to the last point i was talking to andy about about the fact hamas is using civilians to hide its weaponry, its rockets and that accounts for many of the civilian deaths we've seen thus far. >> well, megyn, the contention that the victims have themselves to blame for their indiscriminate target murder is not only insensitive but dangerous. look, the political struggle for control over a stateless society

is complicated. and it has indeed yielded a very powerful group in hamas. and, yes, they commit na faefar acts. and yes, those acts must be condemned. but, no, they do not embody the ambitions or desires of a sub je gaited -- >> hamas is elected. they run gaza. the palestinians chose them. and now it's a united government. and so people look at hamas and say they are the palestinians. and the palestinians are hamas. >> and that's why mr. mccarthy is surprisingly dismissive of that argument because that's exactly 100%, megyn, the kilt of the argument that was made from bin laden. you elected your president. you elected your people of authority in the united states. so you as americans have forfeited the rights to be

considered protected civilians which is why we'll attack you. it's exactly the same thing. so we cannot lower our standards to take the same stance of a known terrorist who we all want to be removed. >> the united states doesn't have in its constitution a stated mission of destroying another country. i mean, the hamas charter specifically says all israelis must die. >> megyn, instead of what mr. mccarthy's argue which is we need to at the end of the day win against hamas, the bottom line is what is our goal? i would argue that our goal is supposed to be to establish peace. and that's what we have to understand -- >> okay, but wait. >> no, hold on, killing children is not going to establish peace anywhere. >> but i'm trying to get an answer to this. >> when we say we want to win, it's not a win/lose. this is about protecting peace in that society. >> okay, i get that. but the point i was trying to make with him is that the united

states, our government, says that hamas is a terrorist group. and when you read the hamas charter you understand why. i mean, they sound worse than adolf hitler in terms of what they want to do to the jews and to the israeli state. so why wouldn't we want to see our ally, israel, defeat hamas? why would we want to call a truce in the middle of a war that israel appears to be winning? >> how are we trying to quote/unquote to use your words and rhetoric of mr. rosenbalm, win? you're causing incredibly large amount of civilian casualties, you can't hide behind the term of civilian casualties, it's murder. 75% people of which are civilian, that's not winning a war. which is why probably the united nations high commissioner of human rights has said that israel is teetering on the brink of war crimes. >> well, the u.n. has --

>> well, everyone has its own views, but the bottom line is how are we protecting innocent human lives? muslims that believe in the messiah honor the divine leadership, our call is to protect human life. >> let me ask you very quickly before i let you go, let me ask you quickly before i go because it's very well-documented that hamas is using places like kindergartens, schools, places that are otherwise safe and normally are used to house children, to shield its weaponry. and from which to launch rocket attacks. how is hamas not to blame for those civilian deaths? >> i think you'll remember in the beginning of this conversation i said that indeed hamas has committed nefarious attacks and they need to be condemned. i'm not here as a pro-hamas advocate. you know that, megyn. what i'm here to say is both sides -- i'm a religious man. both sides have violated the laws of their own faith. so we can't continue to defend

one side versus the other. we have to admit that where both sides are committing mistakes and we have to say that the disproportionate response that we've seen from one side to the other is holy unjust. but both sides are at fault. and both need to protect human lives. that's the only way we're going to get peace. peace is with justice. it's not with war. you're not going to get peace by killing more children. >> thank you. >> thank you, megyn. i still have andy mccarthy here. i don't know if i can go back to him for a quick -- do you just want to quickly respond to that? >> sure. i think the one thing i'd say is under the laws of war, when you have a declared war, when you kill somebody, it's not a murder. it's not the same thing. you know, he's suggesting that when israel conducts military attacks in its own defense that's murder. that's not. if they're hitting legitimate military targets, it's true that collateral damage is a tragedy. but the fact of the matter is it's not murder.

it's self-defense. >> good debate. thank you both so much for being here. the administration took new heat today about the president spending the bulk of his week fund raising while there are clearly growing national security concerns overseas on a number of fronts. and the president tonight is at another fundraiser. we have a series of fox news polls that just came out with one showing that 58% do not think this administration is competent or effective at managing its own federal government. and even liberal journalists were today questioning the president's recent decisions. >> this isn't politics. this is the optics of leadership. and the golf course is not the best place to be even though you don't really see him out there. but the fund raising, those trips really should -- are being questioned for a good reason. you know, the trips last thursday when the malaysian airliner was shot down, preceding to wilmington and then proceeding onto new york for two fundraisers, that's all being questioned by people. >> joining me now chief white

house correspondent ed henry who just filed this report. >> reporter: megyn, as trouble deepened in ukraine today, it was full steam ahead on day two of president obama's three-day fund raising tour of the west coast. no more changes to the schedule beyond the fact that they had already canceled an appearance on jimmy kimmel live that was supposed to happen tonight. white house aides pushed back on republican criticism by saying the president is always in close touch with his national security team even when he's on the road. in fact, tonight aboard air force one the president had a secure phone call with his secretary of state john kerry, get an update on kerry's efforts to bring a cease-fire between israel and hamas, try to calm that situation down. so far to no avail. rou rudy giuliani, the former new york city mayor, said it's time for the president to cut out the fund raising and get back focused on governing. >> the president should be in charge. and he should be in charge in substance and in appearance. and flying around to fundraisers does not look like a man whose

total concentration is on this. >> more problematic for the president is that democrats are now coming out raising concerns about his standing. remember yesterday the very powerful senator dianne feinstein said the president should increase his attention on some of these foreign policy crises. today it was the democratic house whip when asked about the election said there's no doubt the president's popularity is not as high as democrats would like. it's going to be a major factor in some of those key races in november. and then there's the new fox poll out tonight you mentioned. one of the numbers really stands out. it says disapproval of the president's handling of foreign policy has now reached 56%. if there's any silver lining, approval for his handling of foreign policy has inched up to 36%. last month it had reached a record low approval of just 32%. megyn. >> wow. well, those foreign policy numbers have likely been driven in part by recent events in israel, our showdown with

russia. tonight there's a new story breaking including the rise of this horrifying terror group in iraq, isis. and this report will not likely help the president's case. marc thiessen just wrote a column on this. marc, now it's 36% approval of president obama on foreign policy, just 29% approve of his handling in the middle east. and you reported today on one thing that may be factoring in there. tell us. >> this morning on capitol hill congressman ed, chairman of the house foreign affairs committee, he revealed for a year iraqi officials have been requesting, begging, to carry out drone strikes against isis. and those were all denied. so what that means is the obama administration was not caught by surprise as they were warned about this a long time ago. and, two, they had a chance to stop isis when they were in the

iraqi dessert before they went into these cities liberated with american blood. we could have stopped this before it happened. not only do we have the authorization of the iraqi government to go in and carry out drone strikes, but they were begging us to do it. and according to the congressman those requests were turned down. >> they were warning, according to the congressman, iraqi officials were, about this dangerous threat being posed by isis. and where this was likely to go. this is august of 2013. it was january of 2014 that isis took control of fallujah and the president was asked about that by the new yorker and this is what he said, the analogy we use around here sometimes, and i this this is accurate, if a jayvee team puts on lakers uniforms, they are not kobe bryant. he was out there saying in january half a year after the warnings came and they were ignored or overruled, it's jayvee. >> this is a huge story. and what it does is it puts responsibility for what's happening in iraq squarely on

the president's shoulders. he had a chance to stop this. the iraqi government gave us the green light to carry out with one of the biggest obstacles to drone strikes is will the government allow us to do it or not. the iraqis were begging us to do it. we had a chance to go in -- and this is a president who recall the obama administration leaked he personally drew up kill lists for drone strikes. we're doing them in pakistan, yemen, east africa, why would we not do them in iraq? i think the answer is because it would have been an admission of failure. it would mean his withdrawal had led to the resurgence of terrorists and he didn't want to admit that. if he was carrying out drone strikes in iraq. so he let the threat muster. >> he reportedly bragged in another interview, "i'm pretty good at killing people," but declined to do so when this terror group that is beheading iraqis by the hundreds was on the rise. marc, thanks for being here. >> thanks, megyn. we also have a "kelly file" follow-up on whoever took down the american flags from the brooklyn bridge and replaced

them with white flags. see why the nypd is suggesting this may have been an inside job. what does that mean? and remember the tens of thousands of immigrants recently dumped into u.s. cities with little more than instruction to show up in courts in a few weeks, florida senator marco rubio is here as we get new details as what's happening at the hearings. and big news from the irs concerning the allegedly destroyed evidence into the investigation of targeting of conservative groups. wait until you hear the latest. >> right now the question is do i know anything more about backup tapes. the answer is i don't know anymore other than the ig is investigating if there are backup tapes and if they're recoverable. that could be a question of blood flow. cialis tadalafil for daily use helps you be ready anytime the moment's right. you can be more confident in your ability to be ready. and the same cialis is the only daily ed tablet approved to treat ed and symptoms of bph, like needing to go frequently or urgently.

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the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. we confirm the backup tapes from 2011 no longer existed because they have been recycled. do you know wlo said that? >> sounds like me. >> it is you. >> the backup tapes may in fact exist. >> i have no information as whether there's anything usable on those tapes. >> did you read the release that talked about a scratched hard drive? does that concern you that it was scratched and not crashed? >> i find it vexing that once the i.g. is involved nobody else can do anything. that is not supportive by the law. >> why didn't you tell us you had -- the irs had destroyed

e-mails that belonged to lois lerner. >> there were not destroyed by a conscious effort by the irs. >> if the folks like lois lerner and others would have spent less time targeting groups and less time trying to overturn supreme court decisions they didn't agree with, maybe morale would be better. >> i don't know where to begin. but we're going to get you through the back flips that have just gone on in the past two days for the irs. that was the commissioner getting grilled this morning by republican lawmakers as the irs is once again accused of misleading congress. in its investigation into the irs for targeting conservative today, commissioner koskinen testified that contrary to many prior representations including by him, backup tapes containing the "lost e-mails from lois lerner" who's at the center of this scandal, may in fact exist. they may have backup tapes. just a month ago the commissioner testified backup tapes do not exist.

karl rove is a fox news political contributor and former senior advisor to president george w. bush. put it on the board. this is a month ago in june telling congress "we confirm backup tapes from 2011 no longer existed because they've been recycled pursuant to the irs normal policy." today, they do exist. i don't know how they found them, he testified. karl. >> well, it's actually worse than that because he made that statement and then did not proactively come forward and say i found new information. in fact, what happened is last a week ways and means investigators interviewed the deputy council at the irs, thomas cain. and he said we think we now found them and we think they now exist, that information was released on monday. there's been no attempt by commissioner koskinen to come up to congress since his mistaken testimony and correct the record. >> uh-huh. >> it's even worse than you

depict. >> so that speaks to the backup tapes of these alleged e-mails. then they ask them specifically about the hard drive, which the irs had earlier told congress that thing is destroyed. no data is recoverable. that's exactly what they told them. they said it in court and they actually said it in july. here's the declaration they filed in court. there was a determination made that it was no longer operational and that no data was able to be recovered. you know what they said this week, well, the hard drive was scratched but data was recoverable. i mean, they can't even get their story straight under oath. >> well, it's even worse than you depict because what happened is is koskinene makes that statement to congress, and remember this is weasel language they said to the court, they said they could recover data. ways and means committee investigators are talking to irsir irs i.t. people and they say,

yes, it was scratched. it was not irreplaceably damaged. and we couldn't recover it, but other people could have recovered it. again, once again he said something under oath and then did not proactively come forward when his own people told him otherwise. i assume his people told him otherwise. or the only people that are actually talking to the i.t. people who did this in the irs are the only people talking to the investigators from the house ways and means committee. >> this is why the american public want to see this through, karl. the american public smelled some smoke and there may be fire. >> look, last month june 24th fox poll 76% of the american people said they thought it was a deliberate effort to destroy the e-mails. and 74% said congress should continue to investigate until someone is held accountable. and i bet those numbers -- that was june 24th. i bet the more that this information gets out the higher those numbers get. >> it's incredible when you see it. i mean, as a lawyer, it's incredible to watch the

reversals. karl rove, good to see you. quickly, go ahead. >> well, koskinen today saying i'm not going to ask anybody questions as long as the inspector general is looking into this. it's like hear no evil, see no evil, speak no evil. i'm not going to have the responsibility as the commissioner of the irs to look into this matter. i'm not going to do anything until the i.g. is finished with his investigation. i thought the members of the committee were very pointed when they criticized him for doing this. no statute requires this. >> they didn't think he should shirk his perceived responsibility. karl, good to see you. big developments in the showdown with russia. days after president obama sends a stark warning to president putin, today strong evidence that that message didn't get through. and a "kelly file" follow-up on white flags of surrender, that's what some witnesses on the scene thought they were, ended up on top of the brooklyn bridge and why the nypd is now saying this may have been an inside job.

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influence over these separatists. no one denies that. now's the time for president putin and russia to pivot away from this strategy that they've been taking and get serious about trying to resolve hostilities within ukraine. >> well, that was president obama sending a stark message to russian president vladimir putin. stop supporting and arming pro-russian rebels in ukraine. this morning those rebels shot down two ukrainian fighter jets. and then we got new intel reports that russia is increasing the flow of weapons into this region. phillip carver is a former strategic advisor to secretary of defense casper wineberger. and he briefed lawmakers today after returning from ukraine where he conducted an extensive evaluation of their military in this situation. also joining us, congress duncan hunter and a member of the armed services committee. he's challenging the white house on what we knew ahead of last week's shootdown.

phillip, let me start with you, professor. they entrusted you with an extraordinary mission, to go over there and try to figure out what was happening in ukraine. apparently they were begging us for technology including that that would help counter these surface-to-air missiles. and we did not send it, is that the essence of it? >> yeah. they've been asking, begging for help. and basically their requests essentially have gotten lost in the file of our bureaucracy. >> could we have done it? >> probably not in time to save flight 17. but the sooner you start, the sooner it gets there. if we don't start now, it won't be there by the fall. and putin is very clear. he's going to continue supporting the rebels and bleeding ukraine unless they actually get some serious help. so if you don't want this thing to just keep bleeding away with

more tragedies, the ukrainians have to be helped. >> they're sitting there, their air space and those who fly in it that are flying are like ducks. congressman, they don't have the defenses. and once again, if vladimir putin received the message, he didn't much care because two more jets were shot down today. >> no, president obama said he has to pivot. putin needs to get punched in the nose. i think that's about all he understands is actually, you know, force versus force. that's not what we're doing. to say that the russians need to pivot or, you know, do a ballerina move away from ukraine is not exactly tough talk. the sa-11's an old weapon. we have stuff that's not secret that we could have given them that jams this. the fact our defense intelligence agency and our other intel communities didn't give a warning internationally to airplanes flying over that air space, that means that the faa and our intel community is not talking. that's a slightly scary thing 14

years after 9/11 -- or 13 years after to have that happen. the faa should have warned everybody and said, hey, they have -- or the defense intelligence agency should have warned the faa and said, hey, they have sa-11s that reach up to about 35,000 feet, don't fly over here, you may get shot down. that never transpired either. >> what about that, professor karber? it really brings it home. it's not just about the ukrainians and their internal battle. now we've got nearly 300 people who are dead from all over the globe because no one acted. no one led to try to foresee where this could go. was this just not a priority for us? >> in fairness to the administration, there's a lot of crises going on that they're working on. but this conflict -- the ukrainians could win in probably two week ifs you gave them

300 -- of tactical ere. the ukrainians are flying blind. they doept have any strategic intelligence. at the very time we're retiring these mini awax and put them in the bone yard, if we gave them to them, they would be able to see what's going on. >> isn't there an issue that the ukrainian that their military may be infiltrated by russians and we don't want to share too much? >> sure. sure. i would be the first to say that. however, if we've had a system deployed for 20 some years, if we've given it to more than a dozen allies including middle eastern countries, that level of technology loss is not significant. there's so much that we could do. surveillance -- and the other's communication. we actually gave the ukrainians some really good communication equipment because 700 of their brigade served with us in the middle east. so we gave one of those our

communication equipment. we gave them eight sets, they need 800. and it works. and it is absolute game changer. they have plenty of bullets. what they don't have is eyes. and they don't have the ability to communicate because the russians have essentially are able to read their communications. >> yeah, they're one step ahead. congressman hunter, let me ask you, do you think the administration today saying well, we don't think russia was directly involved and we think it was a mistake by the rebels, they didn't really mean to shoot down the commercial aircraft. and the unwillingness to actually help the ukrainians in advance of this, is this all as the president's critics have suggested about somebody who just doesn't want to confront vladimir putin? >> yeah, i think so. this is an accidental president. nothing ever happens that he knew about or that he caused. i would agree with that they probably didn't mean to shoot down an airplane full of civilians. that just makes the international community hate them more. it brings us into it. it brings nato into it. the professor's right in this,

but why do we keep saying us? where is nato in this? where are our allies when it comes to this? hopefully this gets people more involved because they need to be -- the world needs to pay attention to all these hot spots because if america's not leading, then nobody is in this case. >> it's amazing when you hear that the ukrainians were asking for help which we did not provide, iraqis asking us for help against isis we did not provide and all sorts of arguments and reasons for that. we are where we are today with only 29% of americans agreeing with our policies in the middle east. gentlemen, thank you both for being here. new developments next in the investigation into who stole the american flags from the top of the brooklyn bridge replacing them with white ones instead. plus, we'll show you in a lighter moment the moment that eric bowling today called an absolute rock bottom for popular american culture. you've got to see this. yeah, it involves this prosthetic. and remember the thousands of illegal immigrants recently dumped into u.s. cities with little more than instructions to

show up to court in a couple weeks. florida senator marco rubio is next as we detail the shocking numbers on how many are actually following through. there was an article in "new york times" talking about the push by many religious leaders in this country from various faiths to let them stay. what do you say? did you know, your eyes can lose vital nutrients as you age?

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up in court in a couple of weeks. tonight, reports out of dallas that 90% of those recently scheduled to appear have no-showed. and the d.o.j. reportedly admits now that at least half of the children scheduled for hearings are not showing up. this as we learn the immigration courts already have a backlog of some 375,000 cases. surely everything will be rescheduled soon. joining me now florida senator marco rubio. senator, thanks for being here. so these children who we've rounded up, put on buses and sent into various american cities are not showing up for their scheduled court dates. surprise, surprise. >> well, we have always said that one of the things that's driving them here is this idea that there's this new law in america that if you come, you're going to get to stay. and people would counter and say there is no such law, but in practice that's exactly what happens. people know this, people understand this and word of mouth is really what's driving this issue. and it's clearly understood if you enter the u.s. as a child or part of a family, you're going

to be let free into society, they can reunite you with a family member. then they know there's these huge backlogs for these dates in court and quite frankly many never intend to show up these dates in court. so in practice the fact is that the way this law is put in effect, if you do come to the united states as a minor or part of a family, you are going to get to stay. >> uh-huh. that's exactly what's happening because they're not showing up and we don't have the manpower to round them up. nor if we ever get them into court do we have the resources at the time or enough judges and so onto follow through on any posed threat. but in the meantime there's a big contingent in this country that's pushing to remove that threat altogether saying that we need to be humane, that's the word, american, another word being bandied about. and let them stay. and there was an article in "new york times" today talking about the push by many religious leaders in various states to let them stay. what do you say? >> that would be a big mistake. i agree we need to be humane.

that's what americans have always been and that's why we're so concerned about how children are being treated when they're in our custody. what would be inhumane is to allow this to continue. the only way to stop this from continuing is if in fact people are returned to their country. just like word getting out that they should come, word would get out that things have changed. >> we have people that come on the show who feel the other way, you're talking about returning them to drug dealing, drug-cartel run neighborhoods back in el salvador and so on. how can the united states turn a child back into an environment like that? >> it's truly a difficult issue in terms of that. the problem is what you've just described can be found in a number of countries all over the world. the u.s. can't absorb everyone that comes from a country like that, as difficult as it may be from a humanitarian standpoint. maybe there are other countries in the region that would be willing to step up and take some of these children. maybe mexico or panama would

step up and do their part in terms of doing this. but america can't handle all of this. i think it's important to remember that every single year 1 million people immigrate to the united states legally. there's no other country in the world that even comes close to that figure. i think that's a testament to the openness of the american people. but we also are a sovereign country that has to have laws and a process by which those laws are followed. >> meantime john boehner in the house is working on a group that would come up with some sort of proposal to address this situation and already critics are saying one thing he doesn't look at is the effect of all this on american citizens. you say we cannot absorb all these children. 100,000 in just the past two years. what is the likelihood? i mean, where are these kids going? are they being set up for success? >> well, it depends. some of these children are still in custody because they haven't been able to be reunited with family members, others are being released to family members and now become part of our country. quite frankly many of them we'll never hear or see from until some point in the future, they'll be in our schools and so

forth. it's difficult to tell. we're hearing many reports that these children are coming with their parents and when they get to the border the parents go one way, the children turn themselves into authorities. and then a family member comes forward, claims the children and the family's actually being reunited in the u.s. we've heard that from authorities in some of those countries in central america. and tomorrow i'll send a letter to jeh johnson asking very specifically about that. >> senator marco rubio, thank you for being here, sir. >> thank you. still ahead, the hunt for a 20-foot snake in a lake full of swimmers. happy summer. plus, the tv moment that eric bowling today described as rock bottom for popular culture. >> the whole point of this stuff is to throw things at people. and it started with wine. you'd be talking with somebody and they go, oh, yeah, and throw the wine. then it became tipping over tables. that's an arms race, but with legs. what's next after prosthetics? >> thank god she didn't beat her with it. you.

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[ laughter ] that was a scene from the '90s horror film "anaconda." and perhaps the kind of thing now creating nightmares for some new jersey residents as they learn there was a search on for a giant snake at a very popular summer destination. trace gallagher has the details. trace. >> reporter: megyn, this is the biggest lake in new jersey and even with sweltering conditions life guards say people are avoiding the water because they're so freaked out about what's being described as a 16-foot green anaconda. that's the kind of snake that squeezes its prey to death and can swallow a cow in one piece. listen to this kid who lives on lake hopatcong. >> it's really long and big. and a lot of people are scared about it. it swam under somebody's legs. and that it lives in somebody's waterhouse. >> reporter: scary, right? problem is that kid never saw the snake. in fact, new jersey wildlife say they don't have any credible evidence or eyewitness accounts period saying "there is nothing to factually or scientifically

indicate there is such a creature at the lake." but a self-proclaimed snake expert begs to differ. he says not only did he see the snake, he cornered it before it slithered through his legs. but he says he recognized the colors, the patterns right away and knew it was a green anaconda, except that he first said it was a boa constrictor. and now he claims he only said it was a boa because animal control officers told him to stay quiet so he didn't scare anyone. but the department of environmental protection says they checked and he doesn't have any snake credentials at all. whatever those are. experts say a giant snake in the lake is certainly possible, but until they get some proof, they might as well look for a giant tarantula in brooklyn. >> which is also false. keep your cows out of the lake, bottom line. until they know for sure. trace, thank you. well, the claws and a prosthesis come out for a reality show finale. the unbelievable moment just ahead.

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o'reilly here, senator rand paul wants to be president, but what about his isolationist views? laura laura ingraham on that.

and our mad segment all next on "the factor". great movement on "the five" today, watch. >> we can thank the real housewives of new york for the definitive moment american culture, not only defined but the moment american culture hit rock bottom. aviva dresser and the only thing fake about me is this leg right here. >> you say you have never lied to any of us at the table and you find us really hurtful. i find that laughable. the only thing that is artificial or fake about me is this. i'm sick of it. i am sick of you all accusing me -- everything else is real. everything else. >> i want to vomit. >> go ahead. go ahead, heather. take it. >> oh, we were looking for a good kicker and, you know, we got a big kick out of that one.

hope you had calf as much fun -- much fun as we did. go to facebook.com/megynkelly. you need a laugh every once in a while. see you tomorrow at 9:00. welcome to "hannity." this is a fox news alert. violence is escalating on american soil near the southern border. now, in a moment governor rick perry will be here to explain why he is now deploying the texas national guard to the region and help secure our broken borders. first, heavy caliber gunfire was shot at a u.s. border patrol agent on the american side of the rio grande, now on the mexican side of the river and sources say they believe shots came from the members of the mexican drug cartels. and one mile down the border a massive shootout ensued as police officers tried to arrest a gang member for his alleged role in the murder of a 19-year-old man. joining me now is texas ma