good summer. >> that's for sure. bill: we have to run everybody. make it a great thursday. see you tomorrow. "happening now" starts right now. jon: house lawmakers vote to move forward with a lawsuit against president obama charging he abused his executive power, setting the stage for legal battle with major implications for the midterm elections. good morning to you. i'm jon scott. >> i'm osi umenyiora ma pemmaraju in for jenna lee. -- uma pemmaraju. after the health care law has been repeatedly changed without congressional approval. democrats claim and are calling the lawsuit a political stunt which could end up costing taxpayers millions. jon: chief political correspondent carl cameron live in washington with an update. carl? >> reporter: actual vote was

225-2010. the republicans arguing that not only the president ignored laws but unilaterally used executive actions and powers to misuse his power. affordable care act not actually requiring the law to be enforced as written. some say he hasn't been enforcing immigration laws as well. this is house speaker john boehner yesterday on the floor. >> are you will let any president to choose what laws to execute and what laws to change? are you willing to let anyone tear apart what our founders have built. >> reporter: well, this is a tough midterm re-election for democrats and both sides are furiously raising money about all this. democrats put $8 million in the bank in last few days. at a rally in kansas city yesterday, president obama ridiculed the gop what he called a political stunt when congress is racing to leave for the congressional vacation. >> they announced they will sue me for taking executive actions to help people. so, you know, they're mad

because i'm doing my job. the only reason it on my own because you don't do anything. by the way, you know who is paying for the suit they're going to file? you. >> reporter: well, it is growing forward. this would be the first time the house actually sued a president for not enforcing the laws. the gop will put together a legal team that will write the actual lawsuit and see how it needs to be handled technically. what court it goes to. what it gets final approval and goes to bipartisan legal advisory group and federal judge will see if the house is harmed by the president's actions and see if they have a case to go forward. they're heading home for august recess this big part of dialogue. republicans will use it if they want to make the election a referendum on president obama, keeping democrats on defense with very unpopular president. jon: carl cameron, in washington. >> reporter: you bet. jon: talk about this a little more.

my next guest says republicans are divided on political impact and wisdom over the lawsuit with the president, or against the president i should say. he points to the fact that gop lawmakers chose not to sue more broadly on president's use of executive orders, instead choosing to do battle over a law they opposed in first place. we have senior political reporter for "u.s. news & world report. what are the risks to republicans here? because you say there are some, david. >> yeah, i think the risks is that they look like they're being petty, that they're not focusing on issues. here we are about to go into a five-week long recess. you mentioned in your tease in the last hour, there is transportation funding crisis in this country. there is the border issue people really care about. those issues are probably not going to be resolved before this recess. instead the focus is on a lawsuit that most likely is not going to be successful according to legal experts. if you just look at the

substance much what the house of representatives is trying to do, first of all, it has never been done before, but most courts have ruled that congress most likely doesn't have the standing to sue in most instances. we saw just earlier this month senator ron johnson of wisconsin tried to sue the president and a court threw it out. there is also the question of whether, just because the house passed this resolution to sue the president, whether they would need the senate to do so as well. i heard some legal scholars raise that. so there's a lot of thorny questions but it doesn't look like, even if you agree with the substance of the lawsuit, it doesn't look like it will be ultimately successful. jon: it gives the president the opportunity to you lines like he used in kansas city yesterday. he said stop just hating all the time. we heard him say a moment ago in that same speech, they're mad at me because i'm getting stuff done. so it gives him, a allows him to have the appearance of doing things. it was interesting his choice of words because he said, he said,

what am i doing? i'm helping people. and the specific item that they sued over was him delaying some parts of the implementation of the law that has his own name, obamacare. >> he looked like he was having a ball yesterday in kansas city. i think that is a big indicator, he had a big broad smile on his face. he was sort of preaching to the crowd, look, they're coming after, sue me, really? this is what congress is up to right now? sort of reinforcing the unpopularity of congress in general but, republicans are trying to do here in a midterm election year, but also, look at, some of the right is saying. erick erickson from red state, mark levin, radio talk show host, have both said this is stupid idea. that republicans should focus more on the substance of this issues they can win on substance much obamacare, because most people believe, don't agree with it, especially in states with battleground race this is year.

but instead they're now looking for another way to reprimand the president other than impeachment. it looks like speaker boehner was pressured into this because he didn't want to do impeachment. so this is a way to placate the hard right-wing of his base who wants to take some formal action against president obama. jon: so what would be, in your view the more effective way to take on a president if you virtually disagree with his entire agenda? >> look, i think you've seen some republicans do that. paul ryan, i think has done it effectively in saying that look, the house of representatives is controlled by republicans and we have passed a stack of bills that the senate won't act on. and i think, just being on the trail, you do see, you hear people respond to that. the senate doesn't do anything. the senate is holding things up. i think that is resonates on the ground with some people, that they're not acting. so, look, there is going to be, there is always different arguments on how to proceed. i just think most americans look

at a lawsuit and they think, this is a little bit vengeful. this is republicans crying about not getting what they wanted. still complaining about losing the fight over obamacare, the legislative fight and -- jon: to play devil's advocate. >> sure. jon: the president is required under the constitution to faithfully execute the laws and if obamacare is the law of the land and the president starts, nibbling at the substance of it, saying we're not boeing to enforce this for now, we'll not do that for now, and he says that is helping people, you know what is the house supposed to do? >> it is a fascinating question to ask, what can you do to a president who refuses to enforce portions of a law he passed, or, use his executive action. i think that is, that is sort of the bigger, broader question, beyond health care, is how much can the president do on his own without going through congress? i think that is a legitimate debate but once you get into the minute details it is harder to formulate a narrative around

that, that is successful one i think. jon: executive action could be a very, very big issue when it comes to the border crisis, talking with the president wanting to give work permits to the millions, millions of the illegal immigrants who are in this country right now. that is another battle yet to be fought. david katnis from "u.s. news & world report. thank you. >> thank you, jon. >> israel is vowing to destroy the tunnel note work in gaza strip saying it will happen, quote, with or without a cease-fire. he will not accept any truce that does not allow israel to complete a mission vital to is country's security. as israel widens the campaign against hamas, calling up 16,000 more reservists. john huddy joins us on the israel situation on the israel-gaza border. of the john? wort we've been seeing and hearing artillery fire, outgoing

artillery fire we can smell the smoke. we are getting reports a house in southern israel took a direct hit from a rocket fired in gaza. that just happened a couple minutes ago. so the fighting continues. speaking of artillery fire, we're getting reports today, u.n.-run school serving like a shelter like many others didn't take a direct hit and had shrapnel and fragments from shells raining down on it. it apparently a mosque next door was the target that military officials say was being used by hamas militants. but we understand, while we're not hearing of any deaths at this school, scores of people, several dozen people were injured, including many children. now this comes a day after another u.n.-run, school, a shelter, as well, took a direct hit, from artillery fire. 15 people were killed. many others were injured. okay, and that is why there is, by the way, a quarter million people we understand have sought refuge in these shelters.

that is why there is growing pressure because of the death toll that continues to rise on both sides of the border, growing pressure to come to some kind after cease-fire, come to some kind after resolution. israeli prime minister benjamin netanyahu said earlier today, as you mentioned, with or with out a cease-fire, we reported this ex tense sievely, operation of destroying hamas tunnels, cross-border tunnels, will continue. we went into one of those tunnels t was discovered about a quarter of a mile from gaza border into israel. it was eerie. went 100 deep. it is one according to military officials one of 32 have been found. at this point we're hearing 80% of those tunnels have been destroyed. military officials, commanders on the ground saying it may take just a couple days before that work is done. now as you mentioned, 16,000 more reserve troops were called up, okay? what we understand, and what we're hearing from military commanders is that those troops will relief troops already on

the ground. there is always been a question about a possible expansion of the ground offensive but we're not hearing that is the case. we're hearing these 16,000 troops will relief troops already on the ground, as i mentioned. so at this point again, while there's uncertainty and about any type of expansion, one thing is very clear. the fighting, the artillery fire, the explosions in the distance in gaza continues. uma. >> tough situation indeed. john, thank you have much for the update. jon: right now some new information on the investigation into the shooting down of that passenger jet over ukraine that killed all 298 people on board. an international team of experts reaching the crash site of flight 17 for the first time since it was shot down two weeks ago. steve harrigan is streaming live from kiev, the capital of ukraine. steve? >> reporter: jon, the lead dutch investigators have been turned back from that crash site four days in a row due to security

concerns. but today, a very small team reaching that site due to one-day cease-fire called by the ukrainian government. they reached the site and their top priority according to officials at scene will be to search for and attempt to recover human bodies. as many as '80 bodies still remain in that crash site two weeks after the plane went down. away from the crash site the fighting continues between ukrainian forces and russian-backed rebels, this despite of new sanctions by the united states and bit european union, sanctions which are trying to change russia's behavior, trying to stop russia from continuing to supply rebels with arms. russia official reaction to the sanctions, calls them shortsighted and destructive. jon, back to you. jon: steve hair ban in kiev. thank you. jenna: the search underway at this hour for that missing mom intensifying one week after she goes missing. we'll have the very latest. the deadly ebola virus claimed hundreds of lives in

west africa. we'll tell you why this virus may be one flight away from the u.s. >> and we want to know how concerned are you about the spread of ebola in the u.s.? log on to foxnews.com and click on "america's asking" tab to weigh in on our live chat. conquer the globe. stop floods. now she could use a hand, so she can keep living on her own. comfort keepers can help you help her. our professional caregivers are carefully chosen and highly trained to provide a variety of in-home services while truly engaging with your aging loved ones so they can stay happy at home. comfort keepers. keeping the comforts of home. call comfort keepers now to learn more.

jon: right now new info on some crime stories we're keeping an eye on. police investigating the murder of a michigan teenager issue a search warrant on a home west of port huron yesterday. 14-year-old april millsap disappeared after walking her border coly. joggers noticed the dog and found the 14-year-old's body in a drainage ditch. she sent her boyfriend ominous text sunday night saying omg, i'm being kidnapped. police say the boyfriend is not a suspect. investigators ramping up the search for the missing mother of two in oregon. jennifer houston is missing

after running errands near her home. she was last seen filling her green suv near a local gas station. new developments in the case after new hampshire teen that disappeared nine months ago and just returned home. investigators believe she may have been kept locked in a rusty, sound proof storage container located near the home of the man charged with her kidnapping. uma: well, a sinkhole, the largest ebola outbreak in history and now being blamed for 729 deaths in west africa. according to a new update from the world health organization and right now the u.s. peace corps is evacuating nearly 400 volunteers from the affected countries after two of them came in contact with the deadly virus. greg palkot joining us live from the london bureau with the very latest on story. greg? >> reporter: uma, the latest we're getting there are 57 more deaths from the ebola outbreak. 729 in total. there are something like 122 new cases. it is a regional and a global

health nightmare. two of those cases involve american aid workers in liberia in western africa working with the samaritan's purse charity. they are dr. kent brantley and marry an price. americans are likely improved but there is discussion whether they should be medevaced out of country to be helped elsewhere. their condition remains serious and the disease is contagious. other workers are being evacuated from liberia, as you just mentioned american peace corps volunteers being brought out of the area as well. one of the countries affected, sierra leone, declared a national state of emergency. they're sending troops to quarantine ebola hot spots. with no known cure for the disease, and high death rate, officials in liberia are on emergency footing. they're closing schools. they're closing government offices. airports across africa and

around the world are on high alert. flights from the ebola region reach as many as 35 other countries including three cities in the united states. they are new york, atlanta, and houston. but uma, authorities in the u.s. are still cautioning that the there is no real risk of the disease spreading to the u.s. if precautions are taken. back to you. uma: greg, thank you very much for that update. jon: major progress in a massive water main break near ucla. what crews were finally able to do more than a day after the campus was inundated with floodwater. plus new action on the immigration crisis on our southern border. what the house is doing today. what the president might plan to do right before the midterm elections. the political impact of all of it, next. vo: this is the summer.

the summer of this. the summer that summers from here on will be compared to. where memories will be forged into the sand. and then hung on a wall for years to come. get out there, with over 50,000 hotels at $150 dollars or less. expedia. find yours.

it can help your business save money. false. the truth is when you compare our fastest internet to the fastest dsl from the phone company, comcast business gives you more for your money. 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.

uma: welcome back, everybody. we have new information right now on that massive water main break near ucla, with crews finally able to shut off the pipe some 30 hours after it first burst. at its peak water was gushing out at 75,000 gallons every minute. meaning in all, 20 million gallons of water spewing out, flooding ucla campus including the basketball arena which was deluged with nearly a foot of water. jon: fox news alert. this is house majority leader eric cantor delivering some remarks, talking about the end of his tenure in house leadership. let's listen in for just a moment. >> as it should, not one of us should ever take for granted the awesome honor and responsibility we have to serve our fellow americans. this is a privilege of a lifetime. i think of the sacrifices that helped me rise to serve the

people of virginia's 7th district. my grandparents fled religious persecution in europe in order to find a better life. my grandmother, a young jewish widow, was soon raising my dad above a grocery store in richmond just trying to make end meet. and so it goes, two generations later, her grandson, would represent part of what was james madison's seat in the house, and then go on to serve as its majority leader. i have truly lived the american dream. that's what this country is supposed to be about, dreaming big. believing that each generation can do better than the last. now unfortunately we've seen that dream erode in recent years, and our nation faces many challenges. too many are left wondering, if we can be an america that works.

an america that leads. too many children are condemned to a bad school because of the zip code they live in. being poor in america should not mean being deprived of a good education, and we've all got to continue fighting for these kids. this is the civil rights issue of our time. [applause] now even after kids graduate high school, too many can't afford college or access to skills they need to join and new and dynamic workforce. government policies often increase these costs and restrict opportunity. during my time here we have made some progress on some of these issues but frankly, not enough. one of my proudest moments was

watching the president sign into law the gabriellela miller kids first research act sponsored by congressman greg harper and peter welch. prioritizing federal dollars towards finding cures and treatments for disease can enrich and even save lives. the added benefit? cures can help a alleviate health care costs. all the while too many -- jon: something of a swan song for virginia congressman and house majority leader eric cantor. you might recall that he lost his primary race to remain the representative of virginia's 7th congressional district. so he is resigning as majority leader. this will be his final term in the house. if you would like to continue hearing his remarks, we have them for you streaming live on foxnews.com. some major developments to tell you about on the immigration crisis as we await two key votes in the house. the first is on the

$659 million spending bill for border resources which is a far cry from the nearly $4 billion that president obama says he wants. the second vote is an effort to block the president from expanding an existing program that granted work permits to more than half a million immigrants who came to this country illegally as children. all this comes amid reports that the president may try to bypass congress to take executive action on the border issue, just after labor day weeks before the midterm elections. joining us now to does does critical implications of all this, angela mcglowan, fox news political analyst and jewelry roginsky fox news contributor and former political advisor to senator frank lautenberg. angela, what do you think of the house is doing? offering the president far less money than he says he needs first of all. >> i applaud the house and congresswoman marcia blackburn she wants to level the playing field regarding migrant children

from central america and put them on the same level as children from mexico and canada. this is not the 4 billion the president wants, jon, we already have increase in taxes. we need to take this step by step and actually secure our borders before we press forward on more immigration reform. so i applaud what the house is doing and also i applaud senator ted cruz working with a strategy with his senate committee in the senate. jon: julie, you think americans want these kid to be allowed to remain in this country. >> not what i say. it is a poll recently came out, public research, research institute came out 69% of all voters they surveyed think these kid should remain as refugees in this country. the problem politically for the tea party which controls the house right now, if they want to say they want border enforcement they have got to fund it. who is going to enforce the border if you don't have money tone force the border? even john boehner asked for $1.5 billion to enforce the border.

obama asked for 3.7. boehner asked 1.5. they're not giving paltry 700 million. that is not near enough to do the job they want to do. hypocritical for them to go back to district this is august break and say, hey, we did everything we could to secure the border, whoops, we forgot to fund a robust program into hypocrisy in politics, come on? both sides have hypocrisy. >> got to admit, hypocritical we'll do everything we can to secure the border but we'll not pay to do that. that is the problem for house republicans. i don't think the voters are that silly. jon: angela, you say the problem for the president though two bases will be fighting against each other over his approach on this issue? >> jon, there is no question there is that rift between the black and hispanic community. president obama made pledges to the hispanic community that he would create a new immigration reform policy that would assist that community. having said that he hasn't lived up to the pledge. he introduces things but hasn't worked as a leader with the

house and senate. as for the black community, i think paying more attention to, julie, the president paying more attention to the hispanic community right now will not get-out-the-vote in the black community because the hope and change that president obama promised, to that community, has not done anything to create a better america. jon: julie, i've seen protests in the president's adopted hometown of chicago. people saying, look where are jobs for us? >> may be but i'm not too worried about the african-american community standing by their first african-american community. >> it is not president, julie. >> i will say, the president pushed immigration reform. there was bipartisan bill passed in the senate, supported by democrats and republicans on both side. >> "gang of eight." >> democrats did their part. the house republicans killed it. it is not up to president obama to do this. if you can't cooperate with republicans what will they do. jon: angela we'll have to get to the thought next time. we're getting wrap from the floor director and we started with you. so we'll leave it there. angela mcglowan, julie

roginsky, thank you both. >> thanks. uma: blistering report on the disasterous rollout of the obamacare website. what a government watch dog is now saying. plus if russia gave the rebels in ukraine the missile that brought down a passenger plane, do we even need tougher sanctions on moscow? our panel will be debating that next.

jon: just in, a new government paints a scathing picture of the disasterous rollout of the obamacare website, calling it

quote a failure of management by the obama administration. molly henneberg live in d.c. with more on that, molly? >> reporter: jon, the government's accounting office, gao is non-partisan investigative agency of congress and it has been working on this probe for months trying to figure out why the obamacare website rollout was so troubled and how much it cost taxpayers. now we have gao numbers. $40 million for the website, including -- $840 million. including, $150 million in cost overruns for the failed site. republicans say the website was a quote, unmitigated disaster. >> the administration didn't have the expertise, couldn't meet deadlines or didn't have leadship or organization skills to manage this massive undertaking. gao given us a price tag for this boondoggle, a broken website the president promised would be easy to use as any e-commerce site cost the taxpayers nearly one billion

dollars. >> reporter: gao says the misdemeanor many of the problems that the due to the obama administration changing instructions for the website and lack of effective planning or oversight practices. lawmakers are asking officials at center for medicare & medicaid services which administers obamacare if the site will be ready for the next round of open enrollment. >> certain amount of these data discrepancy problems will be a fact of life because of the fact that we have people who do have variations, high terri ageses in their income levels. so that is going to occur in coming years. what will be different mex year is we have now released software that allows us to get at those inconsistencies much more quickly. >> reporter: and the department of health and human services said back in eight million people have signed up for obama care through state and federal exchanges despite the website's problems. jon? jon: molly henneberg, where do we go to get our $840 million back? >> reporter: not to me.

don't come looking to my bank account. jon: it would be nice. molly, thanks. >> reporter: thanks, jon. uma: as we reported earlier there's new information on the investigation into the malaysia. an international team of experts finally reaching the crash site in eastern ukraine after daze of interference by pro-russian rebels. the u.s. and its european allies are blaming russia for supplying the sophisticated missile blasting the plane out of the air killing all 298 passengers and crewmembers. even before this the west issued sanctions on moscow for meddling in ukraine but is it time to ramp up pressure on russia even more. we have a fellow from the foreign policy initiative and matthew kaminsky, member of "wall street journal." gentlemen, good to see you here. james, let me begin with you. a lot of folks are saying more sanctions are needed and recently the european union

joined in to issue more sanctions. i read a recent poll within russia, people in russia are not afraid of sanctions to begin with. they don't really understand how it really impacts their society. until they really feel it when it comes to paying for gasoline or other merchandise, that it is really not going to have that much of an impact in their society. how do you respond to that? >> unfortunately the russian government state controlled media really ramped up anti-western, anti-american attitudes in russia and they have really prepared the russian people to withstand or believe they can withstand the force of these sanctions and while i think that the once that ones announced tuesday were strong there still isn't sanctions on gas sector which is the most important one. countries like france are still selling warships in russia. there is lot more space and west to manuever here. uma: matthew, the west has been paralyzed with its effort to respond to sanctions towards russia particularly because it is so dependent on its energy

resources. do you think it will come to the point where the european countries get on board with this and move forward? or are they going to stay where they are and go as far as we've seen it to this point so that we're really not going, putin will really not feel the heat at this point? >> i think putin is feeling the heat. you should not understate what happened on tuesday with the european union after five months of this crisis finally doing something. i think that was a shock for putin and it really, important change in europe has come in germany where germany has been russia's closest commercial partner. biggest partner in europe. it is blocking sanctions. angela merkel was very upset by the way russia blocked access to the site. there is growing fear in germany, putin may in fact keep escalating and may send russian troops into ukraine. they're finally waking up to the possibility of a wider european war. uma: at the same time though as i understand it as far as the u.s. sanctions go the united

states did not go after russia's main bank and that is still one reason why a lot of folks in financial sector of russia are not as concern at this point anyway about the overall financial impact. james, what do you think? >> well they did go after i believe two or three of the major banks in russia. i'm not sure which one you're referring to. and it is a bad investment climate right now, russia. if you talk to people on wall street or in brussels and london, russia is not looking like a very good investment right now. there is obviously more room for harsher sanctions to be imposed. but i think it will take time before we see real true effects of what transpired on tuesday. uma: matthew, at what point do you think we'll see putin blink then. >> only putin knows. this is really the very critical moment right now. putin has a very tough choice before him. does he cut his losses in eastern ukraine and cut these

separate rate of it is loose? or does he escalate? unfortunately his track record, throughout his 15 years in power, this is not a guy who gives up easily. he doesn't like to lose face. this is a moment where we have to, we'll face really, do we ramp up our sanctions but do we also send ukrainians weapons? do we send more economic aid to ukraine? there is conflict between russia and ukraine where we're trying to help ukraine defend itself and raising costs of putin for doing what he is doing. uma: it is certainly something we'll have to be watching very closely because obviously to this point putin doesn't seem to be indicating at this point, at least publicly, that it is bothering him in any way as far as the united states, as far as the sanctions are going but certainly internally i'm sure it is having an effect. gentlemen, thanks very much for joining us today. jon: fox news alert. we'll take you now to chicago. these are live pictures coming to us where a shooting has taken place at one of the high-rises

in downtown chicago. one person has been confirmed shot. we believe that, based on reports from police who say that the shooter is down, that the person who has been shot is the person who fired the shots inside this high-rise, taking care, taking a live look at the, at downtown chicago. again the victim was taken to northwestern hospital. when we get more information on precisely what is going on there we'll bring it to you on harping now. meantime a woman convicted of hiring a hit man to kill her husband get as second chance at freedom. we'll tell you why. >> walked over where the lake is and always take as walk. a, they think salmon and energy. but the energy bp produces up here 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.

jon: 14 minutes away from the top of the hour and

"outnumbered." kimberly, sandra, what do you have coming up. >> hey, jon. standoff over immigration as time is running out in congress to fix this border crisis. why the white house is already threatening to veto a bill that would provide money for a fix. >> plus say good-bye to school bake sales. the government crackdown that is not going down without a fight. >> outrage over hollywood stars blasting israel in the gaza conflict. one a-lister walking back what she said. >> all that plus our #oneluckyguy on "outnumbered" at the top of the hour. jon: why does anyone listen to hollywood folks? they can act. just a question. maybe you can get into that. >> they have a lot of twitter followers, jon. jon: that's true too. thank you both. we'll see you next hour. >> thank you. uma: legal victory for a woman convicted of hiring a hit man to hill her husband. her murder-for-hire case made headlines around the world. instead of hiring a hit man she

hired an under cover south florida cop to kill her new husband. it was all caught on tape. >> reporter: police convinced her husband was really dead. [crying] uma: but her husband is still very much alive testifying at her trial. three years ago she was convicted. now dalia has been grant ad new trial. what is happening here? our legal panel joining us to discuss, fox news legal analyst mercedes colwin and trial attorney rebecca rose woodland joining us. great to see you. were you surprised fact she was getting a new trial no into i was. there overwhelming evidence.

you have her on tape and script. they had the little tape for the jury. when you have this concrete evidence you don't normally see a reversal at the appellate level, especially because if it's a close call, the body wasn't found or there is circumstantial evidence. but here you have her specifically telling undercover cop, i'm 5,000% sure kill my husband, kill my husband. the jury had no other choice but to convict. uma: this has to do with interviewing jurors ahead of time which caused the situation now to go into a different direction. >> right. the direction is basically the appeals court, higher court than trial court you have to have a new trial. she has not been found innocent. there is nothing like that here. she has to go through a new trial. the appeals court said the judge in that trial court didn't allow her attorneys to question individually jurors and ask, them, do you have a preconceived bias toward finding my client guilty? basically, what he said was, not fair if these people heard this

on youtube or heard this before they sat for the case, to have those thoughts because evidence is only presented in the courtroom. that is with we hear when we're jurors. the reality is here, yes, we want to protect her civil rights but this is a bit extreme. >> even though, you're right, rebecca, even though the judge didn't allow that specific question there is always a question to all the jurors, is there anything that would bar you from rendering a fair verdict? and once, they're under oath when they say no and continue sitting as jurors. that pretty much absolves any sort of bias that they have. because that is the catch-all phrase. judges are never going to capture every single question posed to jury. once they say can you sit and be fair and impartialal and jurors said yes and did so in this case that is overreaching -- uma: jurors expressed surprise. they were not influenced. they didn't know anything about this ahead of time before they were called in to serve. her attorney says they are very excited about new chance.

at the same time we have overwhelming evidence of the dow see this changing in a big way? >> i don't see it changing in this particular case. i think it is pretty ridiculous the appellate division in florida did this the jurors were questioned. they were said they were fair. insulting to the jury system. i select juries. they take this very seriously. i don't know why people think come in and sit down and -- they sit and listen. when they're tolded evidence is presented. they listen and take notes n this case i think it is wasting time. this woman will go back to jail. she asked an under cover officer to kill her husband. it is insanity. who does this? uma: there is no wiggle room here? >> on tape, uncontroverted. what she will say that wasn't me on the tape if she took the stand in she couldn't do that. it is dead wrong that the appellate division did what they did. uma: very unusual. ladies thank you for your insights. >> great to be here, thanks. uma: jon? jon: a new high speed passenger rail line in the works.

the construction project, the first-of-its-kind in nearly half a century. two major cities it will connect. we'll tell you about it coming up.

did you know a ten-second test could help your business avoid hours of delay caused by slow internet from the phone company? that's enough time to record a memo. idea for sales giveaway. return a call. sign a contract.

pick a tie. take a break with mr. duck. practice up for the business trip. fly to florida. win an award. close a deal. hire an intern. and still have time to spare. go to comcastbusiness.com/ checkyourspeed if we can't offer faster speeds - or save you money - we'll give you $150. comcast business. built for business. jon: it is called all aboard florida. the multibillion-dollar construction project would link miami and orlando with a high speed passenger rail line. the first venture of its kind in nearly half a century. phil keating live in miami with that. phil? >> reporter: jon, henry flagler's rail lines built miami, palm beach, all of florida's east coast. now more than 100 years later there is return here to rail travel. [train horn] where today's freight trains rumble between miami and orlando, all aboard florida plans to add 100 mile-an-hour

passenger trains, the first privately owned, privately-run and predicted to be profitable passenger rail service nationwide in this case. similar to a privately built bullet train planning to link houston and dallas. it is integrated with commercial and residential development currently in vogue among urban planners. >> as we look at the future, people are telling us they want to live and work in the city centers and so we're developing properties that deliver against that desire and people want an alternative to using their private cars and trains provide that alternative. >> reporter: up and down the tracks opposition gaining steam, citing multiple concerns amount requested $1.6 billion loan, that would be taxpayer backed. only stops in miami, fort lauderdale, west palm and orlando, leaving all other communities with 32 more trains whizzing buy each day. investors infused hundreds of millions of dollars, the bonds sold are rated high-risk.

>> with no profitable passenger rail in the united states, we haven't seen a business plan, we don't see how this will be feasible. we're very concerned everybody will be left on the hook holding tab on this there will be more costs down the road. >> reporter: all not aboard online petition has 23,000 people on board it, jon. jon: why did they wait until i left miami to put the train? i would have taken kids to disney world a lot of that time. >> could be running in three years. jon: i guess. my kid might be a little too old by it by then. thanks. uma: brand new stories we're bringing you in the next hour of "happening now." nearly two years after the deadly terror attack on our consulate in benghazi, we may finally be getting some answers. new concerns about the heavy drinking and link to emmiry problems. plus the cdc holding a news conference at 1:00 p.m. on the ebola outbreak that has killed 700 people in west africa.

america are asking, how concerned are you about this deadly virus which there is no cure could be spreading to the u.s.? vo: this is the summer.

the summer that summers from here on will be compared to. so get out there, and get the best price guaranteed. find it for less and we'll match it and give you $50 toward your next trip. expedia. find yours. losing your chex mix too easily? deploy the boring potato chip decoy bag. with a variety of tastes and textures,

only chex mix has twenty bags of interesting. pick your mix. >> okay, we're going to see you back here in an hour. >> "outnumbered" starts in an hour. >> this is "outnumbered." here today, sandra smith, kirsten powers, jedediah, and today's hashtag one lucky guy, tucker carlson. he is outnumbered. >> profoundly. >> you have been somewhere, not here. >> in the tanning bed. i take my vacations on eighth avenue in the tanning bed. every year we meet. >> you're looking great, we are glad to have you here as always. the conflict between israel