>> it is someone telling the co-worker. you did a great job on the last project. >> they may not say it to your face. don't fish off the company pier. join us in after time. we'll throw it to "happening now" starting now. three developing stories we are watching this hour. flames engulf a famous pier in england. there was explosions and the fire is believed to have started in a wall panel. no reports of injuries at this point. >> chemical plants in the u.s. are vulnerable to terrorist attack and names ten states in which the risk might be greatest. >> new details from the police in the search for a missing mom who desa pored a week ago. what she was doing. >> and house republicans are looking for a few good lawyers,

plans to sue the president. welcome to happening now. i am jon scott. >> i am arthel neville. the lawsuit sclaims that president overstepped his authority. hi, mike? >> reporter: hi, arthel. republicans say the lawsuit is about president obama rewriting the law it achieve his policy goals. here is an article of suing. congress makes the law and article two said the president enforces them according to article three. they resolve between the congress and executive. that's why the house of representative took the president to court to stop the unlawful actions. expect house speaker john boehner to make the case. if this president gets away with

overreach. he argued future presidents will do that as well. he argues it is fighting for the institution. and the lawsuit said that president obama illegally got rid of the employer man date on two separate occasion. those in favor said the president's job is to carry out the law. democrats are pushing back. >> it is absurd to think that the house of representative has been harmed by president obama attempting in good faith to implement the hca. i understand their feelings might be hurt but acting out only gets negative attention and americans agree that this is a waste of time. >> democrats are making it, it's a waste of time and money argument. expect a vote this afternoon. >> i know you will be standing by for that. thank you, mike. for more on the lawsuit and

the bills that congress needs to work from. let's check in with charlie hurtz and chip moody. so the house it wants to sue the president, charlie. ron forley was on and said it is a political stunt. what do you think? >> of course, it is a political stunt. you do that to highlight the issue and in this case it is a serious and important issue. the issue of president obama going far outside of his authority to implement the and change the law and trampling the constitution in the process. of course, it is a stunt. it is a good one and smart one and important one and hysterical and listen to the democrats to complain, it is a political stunt as if they are not masters of this. they do good political stunts.

and the idea suddenly worried about taxpayer's money being wasted is laughable if you ask me. >> chris, is this the only option that congress has available? >> whether or not it is frivolous or a stunt. make no mistake. democrats love that this is happening. i have the unlucky task of signing up for the fund alerts. what they are asking for the donors. my phone and e-mails are blowing up with requests from democrats asking for tons of money and they are raising a lot of money because of this and they know it. they can do that with threats of impeachment. even if they are on capitol hill lambasting this they are screaming to the donors and making a ton of money. >> the democrats are talking

about impeaching president obama than the republicans are. >> i think chris is right. this is a tremendous fund-raising opportunity for them and why the democrats are talking so much about the lawsuit and impeaching the president. and what i would actually argue that all of the other issues that matter a lot to americans like the economy and the foreign policy stuff and like the major, major crisis on the border, those are the issues that democrats don't want to talk about. and there is a reason they don't want to talk about, because it is really, really bad and they will not be able to raise money talking about the crisis on the border and the economy being fairly much in shambles right now. if they can talk about the other issues, things are a whole lot more palatable for them.

>> talk about the transportation department about to run out of money for bridges and repairs. and earlier this month, the house passed legislation to temporarily replenish the highway fund and this week, the senate slapped controversial amendments on that and kicked that bill back to the house. we got word that the house is not going to attack up the senate bill and we are back to square one and the highway trust fund could run dry on friday and is that likely to happen, chris. >> this is classic congress. look. highway funding is a basic responsibility of the federal government and we are taking it down to the wire and making a show of. it i am not surprised and i have confidence they will pull something through. but the senate sent something back to the house with a 2 billion hole in it and the house will not play ball.

it is a classic game. someone will have to budge, because it is so important and the members are not going to it want to go back to the districts and not fulfilled one of the basic responsibilities they have as elected law makers they will do something last-minute. there is no reason to make the people nervous. it is unfortunate. >> if someone blinks, which side will it be? >> i don't think harry reid will blink. they are good at blame games and they end up winning them and saying something about the republican messaging. and one of the things that is astonishing and one of the complaints that the senate has about the bill is the effort to stall pension payments and so they can give more money and tax dollars to the federal government. and this will be for companies and this is the sort of thing.

the democrats slipped in a highway bill. if a private senate or company did, you would literally go to jail for it. and it suits their purposes in this case and harry reid knows that the outcome will reject a proposal which is all harry reid really wants. >> what about the crisis on the border. house republicans, have put forward a bill that provided 660 million authorize over two months to help the border states deal with the massive influx. it is different than w president obama asked for. why does this stand, chris? >> once again, a basic responsibility of the federal government unfulfilled. i think it is a prime opportunity for the republicans that have been screaming about border enforcement for years

frankly, and here is an opportunity to bolster those efforts on the border and get resources down there and it is an opportunity they haven't had in a while because it was all hung up on comprehensive immigration reform. the republicans are nervous about putting in the pipe for congress it could be back door to get comprehensive reform in later. that's the apprehension. >> harry reid as much as said so. >> no question the democrat's a jeopardia to figure out how to grant amnesty to the people and all of the children that are arriving every day on the board. it is you know, i don't know why they don't just come out and say they are for that. they refuse to say that explicitly. when you run the rabbit down the rabbit hole, that's where you wind up with on all of their

positions. i think the senate bill and the house bill is more than 3 billion short of what the president asked for and what democrats in the senate want. i suspect democrats will not go along with anything that is that small and limited. >> $4 billion, that's what the president wants nearly. thanks very much. chris moody and charlie, thank you both. >> also today, a vote on the bipartisan vote bill. it is fast tracked through the house. a vote could come early this afternoon. and then will go to the senate. this follows the confifrmation of robert mcdonald, west point graduate and former ceo of proctor and gamble. the senate vote was unanimous. >> we want to hear from you. what do you think law makers need to accomplish before they start the five- week summer

recess? our live chat is up and running. go to fox news.com/happening now and vote in the conversation. >> in ukraine, rebels turned back international observers that were headed to the crash site of flight malaysian 17. there is worry that mines may be planted around the crash scene. steve has the latest from kiev? >> reporter: this is the fourth day in a row that international observers set out to the crash site and had to turn back. part of the concern is an acsaegz that the russian backed rebels laid land mines on the roads that lead to the crash site. rebels are denying the claim. the fighting is powerful enough and dangerous enough to keep international experts away from the site. tomorrow will mark two weeks. ukraine forces are making gains

against the rebel forces and seized another town north of donetsk and encircleses the city of 1 million people and despite help for the rebels from russia. the ukrainian ambassador to the u.n. that russian is lying about the amount of aid it gave to the rebels just like it did in the old days of the soviet union. >> it is typical propaganda and based on lies. it is not an explanation. and whatever you tell them today, that is white they will tell them that this is black. >> several russian officials expect the sanctions by u.s. and europe to help russian economy to become more independent over time. arthel, back to you. >> thank you so much, steve. >> a deadly strike in the busy

gaza market on the same day israel said ceasefire. it is now over. israelis urged people to stay away from the militants. these homes were destroyed in an israeli air strike. here is the latest from conner. >> reporter: both israeli troops and hamas fighters are continuing the battle. neither side is willing to back down. hamas fired 80 rockets. 3,000 in the last four weeks. israel being accused of hitting a civilian target area. u.n. said for the sixth time during the conflict a refugee facility was hit. it was not clear by israeli shelling or not. witnesses say multiple direct strikes on the school and a market was hit. witnesses say multiple strikes

hit on that market as well. indicated that it is possibly or likely it was israeli fire and not hamas. and more than a hundred palestinians have been killed and the humanitarian crisis the u.n. said is growing. 200,000 people seeking shelter. long lines for bread and food and water and things like that. the situation growing much, much more dire by the day. >> conner, thank you. >> the government underestimated the potential terror threat to a thousand chemical plants in the country and a list of ten states that are most vulnerable. a coal train bearing down on two women on a high railroad bridge

when one appears to trip to the tracks. >> police reveal new details of what a mother brought ahead on the mysterious disappearance. all that on happening now. ust 2 aleve for all day relief. onward!

>> couple of women narrowly escaped being run over by a train. they decideed to walk across a 80 foot highway railroad bridge. the engineer slams on the emergency brakes. the ladies can jump or lie flat by the rails. they jumped up and ran away after it passed. they have been identified and prosecutors are investigating possible trespassing charges against them. 92 clues in the search for a messing oregon mother.

jennifer houston visited a store after filling up her gas tank. she brought trail mix and gatorade and over the counter sleeping pills. that is the last known sighting of houston. her husband is feeling that his bif may be stuck on a road side. >> jennifer, i love you very much. the boys, the boys love you and miss you. if you can come home, please come home. if you are being held against your will stay strong. >> and a vigil held as the oregon community holds out hope that houston will be found safely. we'll bring a reporter for the oregonian. he joined me on the phone. good to see you. i can only imagine how upset that community is there. tell me the latest tips that police are working with.

>> i will. putting the town in context. it is the fourth safest city in oregon. and in the 2012 fbi staff there were six homicides and four rapes and six robberies. it is an idyllic town. it has elements of what is unfolding to be a true mystery. i think initially, people thought and suspected is her husband involved and the police say he passed a lie detector test. there was a prayer vig ail and searchers and volunteers are continuing to look not just in the nearby new dunndoe area but state parks and places that it

jennifer would like to visit. the idea of being in a car wreck from the gas station to back home seemed far fetched. there is heavy traffic and shopping centers and businesses and not like somebody is going to lose control of the car like the oregon coast or mountain range and vanish. the husband is asking people to keep a look out for the car and jennifer. and people in the town volunteered to look to see if they can find anything. but there has been no clue. the cell phone is turned off and there is no way to get a ping to locate it. they have two young boys. 2 and 6 and they have been told that their mother is on "vacation." and the grand parents are in the home and right now wait and see thing. >> tom, this is an intriguing

story. i want to hold you over. and is it possible that the husband will be taken in to take a lie detector test. i am curious if that can happen. we'll talk to you on the other side of the break. ( whistle bl)ws

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apparently we have a report that jennifer houston put $40 worth of tank. and that leads to pointers for the investigation. and that is 350 miles on the suv. and the second one. i am not sure it would be wrong to speculate what might happen to the husband, but as time goes on, i am sure police will continue the investigation and that could include a lie detector test. and there is nothing strong. police said there is no sign of criminal foul play. it is a matter of where she went and why she left and why she had not had contact.

>> keep us posted on the latest there. >> thanks. >> same story. >> the new report that shoes the economy grew faster than expected in the next few months and it sounds great and what does it mean for the 401 k. >> good afternoon. we have the gdp report and it showed growth expansion and that wowed wall street in the early growing and beat the economist expectations and we saw inventory and rebuilding for businesses. and that is the economy that is ticking back up. and they have since turned read. and if they can continue that pace. that is stellar. and other things that we are watching closely here. and the analyst and economyist

are loving. it and they are using income gains and businesses are investing to meet stronger demand. we would like to see. that and a bp employment that is for private jobs and we saw solid growth there. 218,000 jobs. and didn't meet the analyst expectations and that is solid growth. we are waiting for the policy statement at 2 o'clock p.m. and we'll see if there is tapering in october. and good news for argen tannians stocks and debt. they are working on how to payout that debt. >> and twitter. twitter is up 20 percent today as they added more users in the latest quarter. nicole. i hope it goes well in wall street. >> disturbing new questions about the national security.

after a congressional investigation of a high risk chemical facities. the russian soviet union is long gone. but rush an president putten is playing the games. ugh. heartburn.

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>> a new congressional report suggest that a $6 million program to protect our nation's chemical plant is a complete

failure. the republican audit of the chemical security program uncovered inspection delays and miscommunication. oklahoma senator tom coburn is expected to release reform legislation today. the report names more than 4,000 high risk facilities. half of them in ten states. dallas, and texas and new york and north carolina and michigan and new jersey. >> the deadly fighting continues. and that is near the rebel strong hold of donetsk. and ukraine accuses rebels of laying land mines there and taking up firing positions on the road leading to the site. meanwhile, president obama slaps new sanctions on moscow for allegedly arming the rebels and insisting that it is not the

start of a new cold war. major general bob scales is retired from the army and now a fox news contractor. the russians are aiding the russian rebels and firing from ukrainian territory to the troops. is that enough to tip the balance away from the war in ukraine? >> it doesn't look like it, jon. the russians are beginning to panic a bit. they said the separatist will win. well, if you watch what has happen recently. it looks like the ukrainian military is closing off donetsk from russia. it is a pinsor movie. ukrainian military has got its military together.

and got rid of the traitor operators. and the shots fired from russia in to, crane are a mark of desperation rather than an effective military strategy. >> there is talk of a ballistic missile used. >> yes, the ss- 21. it is too strong of a turn. it is a army tactical missile system. and has a thousand pound war head and goes 50 miles and a deadly system and first time in the war weapon that used terminal guidance. and when the ukrainians fire they will hit the target and said something about the ukrainian military that they got their act together to start maintaining and fixing and up to speed weapons than the separatist can. jon. >> and what about the report that the rebels are mining the

area around the crash site. what kind of people go to that length to prevent an investigation and really, the recovery of the remains of those people killed in the crash? >> here is inside baseball, john. these guys are scared. they went through the rubble and realize that the forensic examination that the west does will literally prove that that airliner fls shot down by an ss- 11 in the hands of the separatist. 100 percent prove it because bits and pieces of the war head and missile body that are intermingled. they open the crash site up. investigators from the west will literally find the smoking gun and so what is their strategy? put guards and land mines around the site and in the hope these

guys will never, ever show up to find out the truth, jon. >> it is just an appalling situation. 227 caskets and 298 people dead. and so many missing. major general robert scales, thank you. >> thank you, john. >> we turn to another crisis overseas. israel just ending a four- however temporary ceasefire. united nation's spokesman said israeli shells slammed in a school in a refugee camp. palestinians say 15 killed and 90 pounded. the military said they were responding to mortar shells being fired near the schools and david was the director in the washington institute for near east policy. he was advisor to defense

secretary rumsfeld. israel is dropping leaflets in the few phase warning them. is there a trigger to stop the violence? >> regrettably i don't think so. 5 or 6 israeli soldiers were killed by hamas members, terrorist who entered inta israel via the tunnel and the whole operation is about tunnels and missiles. and palestinian hamas has literally thousands of missiles and they still have tunnels that are operational. and we have a difficult time finding common ground for a ceasefire. and i think israel is committed to the operation. and israeli prime minister netanyahu has 87 percent support for the military operations right now. >> they are trying to get rid of all of the tunnels. you have seen it play out before

as mideast advisor to defense secretary rumsfeld. if you were advising defense secretary hagel, how would you advise them. >> we will not get a ceasefire of turkey and qatar. this is not a formula for a ceasefire. but i would talk about internationalize this through a plan, some what akin after we had the 2006 war in lebanon. we may not get international troops on the ground, but we might get a ceasefire that involved perhaps, having all shipments go into gaza that would be internationally inspected to prevent additional weapons from going into hamas.

it is very difficult. >> you mentioned turkey and qatar. should or does the tongue-lashing and harsh crittism of secretary kerry by israeli politicians watered down or affect u.s. efforts to quell the israeli- palestinian conflict? >> i don't think so. secretary kerry is dogged in his determination for a ceasefire. and i don't think he approached it the right way. the state department is upset with the israeli criticism of kerry and it could damage the bilateral relationship. and that is the not helpful from the u.s. side right now. >> david schenker thank you for your expertise. see you soon. >> how about this. get ready for the future sooner than you think. driverless cars hit the road. and we'll take you on a test

drive. >> a guy busted and charged and found guilty of murder and the trial was thrown out because of the seating arrangements in the courtroom.

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>> hi, everybody. lois lerner turned over new e-mails to congress. she called conservatives crazy and something we are not sure if we should repeat on television. you can be the judge of that. and the pentagon and army will reveal mrajerrism. could they strip military honors and ranks. and someone died from a flesh- eating bacteria in the waters in florida. what you need to know about it in the top of the hour. >> and now the story of the man who might be the luckiest convicted murderer in new york and america. daniel floyd back in court after the previous conviction was

thrown out by the state supreme court. why? his mother couldn't get a seat in the courtroom, not for the trial but for jury selection. >> this begs sdug. i can understand it perhaps if it his mom couldn't be for the trial. but why jury select? >> it is a big deal a lot of defense attorneys say the critical part of the trial is the jury selection. beyond that, jon, if you look at the history of our jurisprudence. we have a tortured history of criminal defendants deprived a fair jury and reflects the race and ethnicitty. and having a loved one and friend who could before the the impropriorities and serve as a republicans on the appeal is

critical. >> angelina, you blame the judge? >> it is the constitution. it is a right to have a public trial per the sixth amendment of the united states constitution and the judge is not there to rule at its descretion but enforce the constitution. this was not left for the judge to decide. and that's what needs to be deciding. the supreme court found that overcrowding is not a reason to jettison the sixth amendment. >> the defense counsel made the objection. that preserved it. and the raising the protest and allowed them to bring it up on appeal. >> one of the jurors is saying we listened to the case and

convicted the guy and he shot a guy dead in a dice game and now he gets a new trial and his conviction set aside? they are upset. >> blame it on the judge. the judge made the wrong call. what could have occurred maybe the judge overestimated the amount of evidence. that is not the case with the constitutional right. >> so now he's looking at a new trial or plea deal. he got 15 years to life on his first conviction. what would you say if you were his defense attorney? >> i don't know if they will offer him a plea deal. this is on appeal and not because of the defect in the evidence but the fairness of the trial. if the evidence against him was that strong, the only result is

the taxpayer foots the bill for a new trial. it is a victory for the sixth amendment. it was in the bill of rights and the founding fathers saw the evil of the secret trials and wanted to guard against. it >> does one side or the other benefit from redoing the thing. >> it is an epic fail for the judge. you are wasting time as mentioned before. and the only one that wins here is our u.s. constitution. >> and it is a subtle or temporary win for the defense. it can't get worse for him. he was looking 15- life. >> they have to use the same evidence. but will not extend the record. >> and temporary. and add new witnesses. >> the victim in this case had a daughter four months old and this little girl is now six years old. the wheels of justice. >> why important for judges to follow the law.

>> thank you bochlth >> thank you. >> arthel in >> okay. mysterious new crop circles drawing people to a wheat field. and we'll tell you where driverless cars will soon hit the road and why some will have drivers inside just in case. fighting constipation by eating healthier, drinking plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief

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settling a lawsuit with an atheas organization. >> i talked with dan barker and they have reached a deal with the irs under which he's sure that they will do more to crackdown on churches. >> people can pour money into churches for political reasons for mobilize the vote and that's not what nonprofit irs law was intended to do. >> the details of that deal aren't public. that's why attorneys with alliance defending freedom have filed a freedom of information act or foil request. it's outrageous that the irs is ramping up a plan against churches but they can't get information about that. an attorney that represents the

conservative groups targeted by irs told hours members this morning that citizens can't count on getting a lot of information from the agency via those requests. >> they are making a joke because they don't answer your questions, make you sue them or they lie. >> just minutes ago we got a letter that gop congressman dave camp sent to eric holder saying newly discovered e-mails show lois lerner referring to conservatives as "a-holes and crazies" and that letter was closed asking mr. holder to appoint a special council. looks like it's in black and white. >> thank you very much. imagine cruising down the street in your car and you look over and you see there's nobody at the wheel of the car in the next lane. what? it's going to happen a lot in the u.k. really soon. amy kellogg is live in london

with details. how is this going to work, amy? >> nobody is expecting a road revolution here just yet but we'll see some of these driverless cars being tested in the next year. britain wants to put the pedal to the metal on this technology because basically it seems that a driverless future may be in the cards for all of us. britain today announced that it was going to give cash grants to three cities to start testing these cars. some entirely without drivers. some with drivers who don't actually drive but can jump in and take over if need be. across the pond, google cars are ahead of the pack. california is getting a inting grant licenses for driverless cars. car companies wound taround the are already doing this. there are amenities getting

added to our cars over the years. they would want to eliminate human error in driving and cut down on deaths and injuries from accidents. as you can imagine, i sense your skepticism, a lot of people are saying that's a big leap of faith to think that technology can fully take over especially when it comes to having three tons of metal under your control going at a clip potentially a dangerous situation. testing is going to get going in earnest here in the next year. back to you. >> okay. we'll see. amy kellogg, thank you. we are awaiting a preliminary vote in the house on a republican lawsuit against the president accusing him of constitutional overreach in regard to obamacare. an update ahead. defiance is in our bones. defiance never grows old. citracal maximum. easily absorbed calcium plus d. beauty is bone deep.

thousands of curiosity seekers flocking to this field. an ornament with ring shaped

features. the owner of the field told local media he had nothing to do with. it says students might have. >> i think the students did it. that's it for us. thanks for joining us. >> good to have you in today. >> nice to be here. keeping jenna's seat warm. >> i have no idea where generje lee is. maybe we'll find out. thanks for being here. fox news alert. no end to the fighting in sight between israel and hamas. israeli military says forces are working to demolish tunnels used to attack its people. this as we get a closer look into those hamas targets being destroyed. hello. i'm jenna lee in for gretchen today. the israeli military launching attacks on dozens of sites. today there are reports an air strike hit a crowded shopping center in gaza killing at least 16 people. israeli shells slamming a u.s. school today. the israeli military saying it acted only after mortar shells are fired from nearby the