antioxidants. >> an apple a day keeps the doctor away. >> how much is that 400 grams? >> an apple or a bowl of cherries or blueberries. >> that's going to do it for us. we have not seen any immediate intelligence threats to the homeland from isil. >> i think the president is really out of touch with reality when it comes to what's happening in the world. it is not a flashback to 2012. president obama and his former republican challenger mitt romney hitting the airwaves this morning sounding off on everything from isis to 2016. we will have a live report. as the president gets ready to set out his isis report, the military launches new airstrikes against iraq, aiming for those

who set their sights on an attack. president obama set his eye on immigration reform at the end of the summer, and now he says he'll wait until after midterm elections, and that has advocates sounding off. a final farewell. family, friends and celebrities saying goodbye to trail-blazing comedian joan rivers. the woman who could be larger than life has a private funeral in new york. we'll have a live look at that service. "america's news hq" starts right now. the images of president obama and former republican presidential candidate mitt romney on the sunday talk shows this morning may have looked like 2012, but the topics under discussion in this political rematch of sorts were all up to the minute. especially when it came to isis and u.s. foreign policy. leland vitters is here with

details. >> we saw a slightly more reflective president obama than we have in the past, and certainly his tone on isis changed from when he referred to them as the jv team. still, he stopped short of sounding the alarm bells too loudly. >> what i'm going to be asking the american people to understand is, number one, this is a serious threat. number two, we have the capacity to deal with it. here's how we're going to deal with it. i am going to be asking congress to make sure that they understand and support what our plan is. >> the president was, i don't know, too busy on the golf course to pick up the phone and meet with the leaders around the world and say, what happens if? you know the pentagon was going through what-if scenarios, but the president hasn't developed a strategy. >> remember, mitt romney said the 1980s called and wanted him back. romney seemed to be vindicated

by the activity of the last two years. he hit the president again on his issue of playing golf on vacation shortly after giving a speech about the beheading of american journalist james foley, something president obama seemed to regret. >> after the statement that i made, i should have anticipated the optics. that's part of the job. >> i think they have some buyer's remorse about president obama. i'm not sure how they feel about me, but that's kind of irrelevant. >> in the end, one has to note the optics of the interviews themselves. president obama, after all, was in the white house. romney joined chris wallace from salt lake city, and when questioned about recent polls that showed romney leading the republican pack in iowa for 2016, he did everything but sign a pledge saying he was out of the game for good. back to you. >> we shall see. the speculation continues. leland, thank you very much. u.s. military launching new airstrikes against isis in iraq.

they're aimed this time to prevent islamic state insurgents from crossing the haditha dam. this is the first time they tracked isis in that area of iraq. it moves operations closer to syria, where the group has been operating. they asked the iraqi government to launch the airstrikes because of the dam's importance. >> it will fall into isil's hands or if that dam would be destroyed. the damage that that would cause would be very significant, and it would put a significant additional and big risk into the mix in iraq, which also would risk our interests as well. >> president obama set to lay out his strategy to deal with isis to the american people on wednesday. and congress is set to be back in business in washington this week. members from both sides of the aisle say they plan to offer

legislation formally authorizing the president to go after isis in syria. congressman elliott engel in new york. congressman, thank you for joining us today. >> thank you, my pleasure. >> let me ask you about that. we've seen something from the house republican, something from the senate democrat. do you think the president needs your authorization at this point to move forward against isis, specifically in syria? >> well, my reading of the war powers act is the president has 60 days to act alone before he needs to come to congress. but i believe the president should come to congress. i think that the authorizations that we had in the past with iraq are no longer relevant, and certainly for syria as well. so i think the president should do it. we need to have a united front, and the way the president does that the best is by, of course, coming to congress. so i would say absolutely. >> now, last time you and i talked about this, things were really heating up, and we talked about the possibility of boots on the ground. the president has said that idea is what he termed a profound

mistake. but do you think we can get this done? we can decimate isis if that is the long-term goal without putting more u.s. personnel, as we have had a steady stream of small deployments there. do you think we can do it without putting more boots on the ground? >> i would hope so. we do have the courage on the ground. we have what's left of the iraqi army on the ground, and i would hope we wouldn't need to do any boots on the ground. they may at some point have to be some kind of special forces, but i don't want to jump ahead of myself. i think that isis must be stopped. it must be stopped at all costs. i think the brutal beheadings that we've seen recently shows the world what kind of thugs we're dealing with, and if we allow isis to fester and to have a no-man's land in which they can plot attacks on the u.s. homeland, they'll do it. we saw what happened with the taliban in afghanistan, and the

result was september 11, 2001. this will happen again if we don't stop it. but again, it cannot be us alone. it's got to be nato. i'm glad the president is bringing nato together, but we need more from other countries as well. this has to be a unified coalition against isis. isis is certainly a danger to the u.s. homeland. >> congressman, i know that you were just in israel just days ago, and i'd like to ask you what their perspective is on this given they're much closer geographically, at least, to the situation that's playing out. >> i think they rightfully look at hamas as isis. terrorism and terrorism, and there is no difference in hamas terrorists and isis terrorists. i'm glad the united states has stood with israel and saved countless numbers of israel lives with the iron dome. israel faces terrorists each and every day, and unfortunately

terrorism is something that's growing. it frustrates me in a way that some of our european allies don't quite see it this way. the middle east is a lot close geographically to them than it is to us, and sure as can be, the way terrorists every day plan attacks on israel, they're planning attacks on europe and on the united states, and that's why they need to be stopped at all costs. >> the threats are many. congressman engel, we thank you for your time, sir, and we'll see you back here in washington. >> thank you, shannon. always a pleasure. for more insight on fighting isis, let's turn to mike baker, former cia operatives for his in sights here. how important is it for us to have special operations, to have intelligence on the ground in these areas where we're fighting isis if our primary involvement at this point is going to be from the air? >> well, it's critical. you can't do one without the other. you can't put together accurate and efficient target packages

without solid intelligence on the ground and some ground support, frankly. so, you know, you just can't separate the two. and it's also important to understand that airstrikes alone, as effective as they can be, properly directed, they're not going to win this. and we should all be happy that the white house and president obama are now talking about defeating isis as opposed to sort of managing the problem. that's a good thing. hopefully the republicans and democrats will all join together and have a very non-partisan effort here because this is a critical issue. but the airstrikes alone just aren't going to cut it. so we need to be focused, as has been discussed, on not just the nato issue. we can always count on our nato partners to provide some level of resource. but when we're talking about boots on the ground, which we're going to need, that's when we have to draw in our regional partners as well. >> there are obviously very direct threats there right now, and there is ongoing conversation about threats to the homeland now. i know you've discussed the dangers and possibility that our

very poorest southern border may be giving a way in to this country for those who are isis or sympathize with isis, and i know you've talked as well about the critical concerns of these terrorist groups coordinating with mexican drug cartels. they can both benefit from the relationship. what are your fears there? >> well, the problem is that when we're talking about the security of the homeland, our enemies are looking at this in a very logical manner, so they're looking at how do we get in? how do we cross borders? how do we operate here? clearly they haven't missed, over the years, the importance of security along our southern border. and we know from the past, we know there has been communication, for example, between al qaeda elements and mexican criminal organizations. just discussions about, you know, the ability to work together. their agendas are different, but frankly, the mexican organizations, the

cartels, they're in the business of making money. so if they see an opportunity here, terrific from their perspective. we know that has gone on in the past. so the idea that somehow isis won't also look in that direction, won't also try to take advantage wherever possible of a weak link for our security, would be naive to think that that would be the case. >> mike, quickly before we let you go, i want to ask you, we know the president is going to speak on wednesday. what is the number one thing you think the american people need to hear from him? >> well, the president has said he wants the american people to understand that this is a serious threat. that, you know, we need to deal with it. frankly, the american people already understand that. i think they were ahead of the game in this case, and certainly our european allies have stood it. i don't think the president needs to set that table, necessarily. i think he needs to kind of try to get ahead of the game at this point and explain that these are the things that we have to do. and he's very focused on the idea of explaining to the american public, because the polls are telling him to do

this, that no boots on the ground. but i think we have to be pragmatic. we have to be ruthlessly pragmatic in understand that in if we're going to defeat this problem, the iraqi army and the syrian army alone with boots on the ground are not going to do it, even with resources in that regard. he's going to have to enunciate how we create a coalition that includes allied boots on the ground -- if they're not ours, they have to be somebody else's -- how this is going to get done. i'm sure he's working with american recruitment in the military, but that's what he's going to have to do. >> mike baker, always good to see you. thank you for your time. >> sure. thank you very much. so we want to know what you think at home. when president obama lays out his strategy to deal with isis, the speech we hear he's going to give on wednesday, what do you at home need or want to hear from the president? tweet us. you can sweet me @shannonbreem.

we would love to hear you later on in the show. the president has said he won't take action on immigration until after the midterms. that's despite his promise to take action by the end of the summer. >> they do argue that the president a abandis abandoning powers. republicans say it's proof that president obama has succumbed to political pressures. >> i certainly think it's critical in the sense that he understands how popular that decision would be with americans, and it's probably not the right decision. in fact, not probably, it isn't and would not be the right decision for him to do that. i hope he doesn't do it after the election. i think it's very risky for the president. he already has a bit of a credibility crisis. to take this step, i think it would make a very long two years' remainder in his presidency. >> the decision, however, is welcome news. some democratic senators are

working on reelection in conservative states. the president says the delay is not meant to protect those candidates, but he does admit that politics played a role. he says the threat of children crossing the border illegally over the summer clouded people's perception of the issue because emotions were running so high. >> what i'm saying is that i'm going to act because it's the right thing for the country. but it's going to be more sustainable and more effective. if the public understands what the facts are on immigration, what we've done on unaccompanied children, and why it's necessary. >> the administration says waiting until after the election will allow a more thorough, clear overhaul of the system, but others argue changes could allow millions of illegal immigrants to stay here on work permits. shannon, back to you. >> elizabeth, thank you. >> thanks. well, still ahead, the search for lois lerner's e-mails

aren't over yet, and now we hear many, many more missing e-mails. plus dramatic new details about the benghazi terror attack. we're going to hear what a u.s. security team says really happened and who they say is to blame. i want hillary to come up and say, it was me, i made a mistake, i blew it, i'll never do it again. musical chairs. fun, right? welllllllll, not when your travel rewards card makes it so hard to get a seat using your miles. that's their game. the flights you want are blacked out. or they ask for some ridiculous number of miles. honestly, it's time to switch to the venture card from capital one. with venture, use your miles on any airline, any flight, any time. no blackout dates. and with every purchase, you'll earn unlimited double miles.

from now on, no one's taking your seat away. what's in your wallet? from now on, no one's takiugh. heartburn.ay. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. [announcer]when we make beyond natural dry dog and cat foods. we start with real meat as the first ingredient. we leave out corn,wheat and soy. and we own where our dry food is made-100 percent! can other brands say all that? for nutrition you can trust and your pet will enjoy... does your food go beyond? learn more at purinabeyond.com. veggies you're cool... reworking the menu. mayo, corn dogs...you are so out of here!

ahh... the complete balanced nutrition of great tasting ensure. 24 vitamins and minerals. 9 grams of protein... with 30% less sugars than before. ensure, your #1 dr. recommended brand now introduces ensure active. muscle health. clear protein drink and high protein. targeted nutrition to feed your active life. ensure. take life in.

with the top speedou compare of comcast the top speed of business dsl from the internet... phone company well, there's really no comparison. why pay more for less? call today for a low price on speeds up to 150mbps. and find out more about our two-year price guarantee. comcast business. built for business.

if i gave you that 30 minutes back, would steve smith be alive today? >> yes, they would. my gut says that. >> are you in on that? >> i strongly believe if we had left immediately, they would still be alive today. >> three american security operatives what they believe happened in benghazi two years ago. they said they believe steve smith would be alive today had they, the operatives, not been told repeatedly to stand down by an officer. pat smith, sean smith's mother, talked yesterday.

>> i love my country. i love my country desperately. but we've got some rotten people making decisions, and i don't like that! i love my country. i do not like the politicians and i want them out! they killed my kid and they killed the other three guys, and they're going to keep on doing it as long as we keep them in there. >> you can hear many more exclusive details about what happened on 9/11 two years ago in benghazi in tonight's fox news special report, "13 hours at benghazi." you don't want to miss it tonight at 8:00 eastern with our brett baer. more missing e-mails from five additional irs employees involved in the probes into the agency's targeting of conservative groups. congressman dave camp, chair of the house ways and means committee says the agency is losing all credibility. camp says this, quote, the irs has lost thousands of e-mails,

but worse yet, completely lost the american people's trust. the doj must appoint a special prosecutor so the full truth can come out. joining us now, cleta mitchell targeted by the irs. cleta, you have testified on the hill many times about what's going on. so let me ask you, are you surprised at all by this latest revelation, five more employees' e-mails lost? >> i have gotten to the point that this is like one of those infomercials when they say, wait, wait, there's more. just when you think you heard it all, you find out more things about the irs. frankly, i think what camp said was all right. there is no way we are getting anywhere close to the truth about what happened, and the doj has become, in my opinion, complicit in trying to cover up what's going on. i think we have to have a speci

special prosecutor if we're ever going to get to the bottom of it. >> they said, the irs has found no evidence that any irs personnel got rid of any e-mails. they have issues routinely experienced by. irs. that's something that crashed computers always at the irs all the time. they told you just a couple weeks ago, judicial watch says one of their attorneys was informed by a doj attorney that there is a catastrophic backup system as you would expect from the federal government in case something horrible happened, that everything is backed up, but that getting to the e-mails would be too expensive and time-consuming, too difficult to do. what's your reaction? >> we actually had a follow-up conversation, my legal team in our lawsuit against the irs and lois lerner and others. we had a conversation with the department of justice attorneys thursday this past week, and they have basically walked back that statement and said, oh, no,

there is no separate catastrophic system. it's just that system that's overwritten every six months. well, then we asked them, well, after you have advised us and the court that there is no backup, now we start finding out that there are multiple backup tapes that were not overwritten. can you please find out about that and get back to us? within an hour, i had an e-mail back saying, we can neither confirm nor deny the existence of backups. at the very moment that the inspector general was testifying to having been interviewed by the chairman isis committee and admitted there were multiple backups, that now they needed to review to see if there were anything on those. they're not forthcoming. we get different answers from the people of the department of justice and others every day. we need a real investigation. i don't think we have one yet. >> i want to touch on something, a letter this week from

congressman jim jordan to the attorney general saying -- basically he said the department has a history of obstruction and obfiscation. there are broken promises that the doj is holding material, there are special requests refused by counsel, and these actions significantly undercut your promise on may 13 to conduct a thorough investigation into this irs targeting. the attorney general is very busy with a lot of things. but we have yet to hear of anything truly substantive and conclusive happening on this irs investigation. why not, and who is going to force him? is there any way? >> well, you know, the thing that is so discouraging is that he is the chief law enforcement officer of the nation. and if the president of the united states has already reached a conclusion about the outcome of the investigation such as it is, which the president obviously did when he

told bill oh reireilly back in february, rather than saying, look, these are victims of what happened and we need to talk to them on whatever terms makes them most comfortable to speak with us. they have not taken that position. i don't think they're serious about investigating. and i think that now what we're seeing, interestingly, is that attorneys in the department of justice who are defending the litigation against the irs are now insinuating themselves into the request that judicials and otherwise have sent to the irs, now in federal court. the irs isn't even answering your requests if you don't sue them. and instead of allowing that process to work as it historically has, now you have the same lawyers that are

defending the lawsuits goingovegoingove over and now they're inserting themselves because judicial watch was getting too much information and they're putting a stop to that. that's what i've witnessed over the last few weeks. >> it seems every week there are new revelations. i know you have a long way to go and you're fighting tooth and nail for your clients, so keep us updated. >> thank you, shannon. you're on this at all times. i appreciate it. >> we'll see how it plays out. thank you. he claims it is not a political decision, but president obama has decided to leave immigration alone until after the midterm elections. our political panel dukes it out over that. plus, paying final respects to joan rivers. our brian jiminez is standing outside temple eman-el. hi, brian. >> reporter: joan rivers said she didn't want a boring

funeral, she wanted a soire with tons of laughs. that's what she's getting and more. we're up next. [ kevin ] this is connolly, cameron, zach, and clementine.

we have a serious hairball issue. we clean it up, turn around, and there it is again. it's scary. little bit in my eye. [ michelle ] underneath the kitchen table, underneath my work desk, we've got enough to knit a sweater. [ doorbell rings ] zach, what is that? the swiffer sweeper. the swiffer dusters. it's some sort of magic cloth that sucks in all the dog hair. it's quick and easy. pretty amazing that it picked it all up. i would totally take on another dog. [ kevin ] really? ♪

big names turning out today for the private funeral of joan rivers, honoring the comedic legend who died earlier this week. brian is at temple eman-el right now. brian? >> reporter: the private ceremony here on fifth avenue in front of central park, joan rivers, the 81-year-old comedic legend. she said she wanted a huge affair, she didn't want a boring funeral service. by all accounts, that's exactly what she got. a-list celebrities from diane sawyer, kathy griffin, howard stern were all seen going into the temple this morning, and they left just moments after noon led by new york city

bagpipers and melissa also came out. we're learning from our very own geraldo rivera that inside it was filled with nothing but laughter and that's what she wanted. howard stern came up there and dropped a ton of f-bombs and x-rated jokes and people were dying laughing. hugh jackman sang a broadway number, and we're also learning that melissa, her only daughter, spoke at the funeral and she actually read a letter that she had written for joan rivers a month ago in the form of a landlord writing to a tenant. it was supposed to be really hilarious and really funny. at one point they mentioned, you're behind on the rent, you've got topless people dancing on the roof. so that was a very special moment, especially for melissa and joan who shared a special relationship. their bond very strong. they worked together on "fashion

police" and joan and melissa, "joan knows best," two big shows. we also captured in 2012 right before joan rivers had plastic surgery, they shared this moment about death. take a listen. >> if i died this morning, nobody would say, so young. you're a terrific person, cooper is fine, you're all fine. i've had an amazing life. if it ended right now -- amazing life. and you've been wonderful. we've had a great ride together. >> reporter: a great life together. melissa and cooper, her only grandson, were seen coming out of the temple. melissa was very strong throughout the entire day. a very strong relationship. joan rivers died on thursday after a routine endoscopy last thursday following a cardiac arrest. the new york state health

department is now investigating this endoscopy to see how this routine procedure ended this way. that's all we have here. back to you. you heard brian say geraldo rivera were at the services today. tune in tonight at 9:00. he'll have a special show on joan rivers. president obama said he's going to deal with immigration after the midterm elections. many are furious. fox news contributor and chief political correspondent and news analyst for talk america. good to see you both. >> thank you. >> i want to set this up by playing a little bit of the conversation the president had with chuck todd about delaying that action and what he eventually hopes will get accomplished with immigration

reform. >> you're not taking it? it sounds like you're concerned the public wouldn't support what you did. >> what i'm saying is that i'm going to act because it's the right thing for the country. but it's going to be more sustainable and more effective. if the public understands what the facts are on immigration, what we've done on unaccompanied children, and why it's necessary. >> all right, ellen, he says it is not a political decision, but there are some skeptics, one next to you laughing. what do you make of the timing? >> the fact is that i don't think that he is going to gain or lose any democrats. they're going to vote either way, not depending on immigration. i don't really think on one hand it is a totally political decision. on the other hand, a lot of people are saying yes, it is, because he can't afford to get out there because there are some really iffy elections. i don't know the answer, but i know this has been an issue since our colleague tony snow

worked for president bush, and he told me the most important reason he was still with president bush even after he got sick was because of the immigration bill. so this is something presidents have tried to get through. >> not easily solved, but there were several democrats who were being forced to go out there on the record and break with the president by saying, i don't think you should govern by executive order. those guys have to be breathing a sigh of relief at this point. >> let me tell you why the democrats are doing this. there is a strong riff between the black and hispanic community. and both of those communities support, overwhelmingly, democrats. having said that, a lot of blacks feel they have gotten the shaft on this because their unemployment rate has gone up. while the country has gone up, unemployment has gone up. so you have democrats in red states, southern states such as kay hagan, north carolina. mary landrieu in louisiana, where the black vote is very important. so they have to get out there and separate themselves from the first black president.

>> well, i actually think that's a pretty thoughtful analysis. like any other political issue, it's very complex. he's got a lot of people in a very big tent democratic party who have very different viewpoints. >> why do you think something wasn't done when the president and democrats controlled both houses of congress in the beginning of his presidency? why not talk about it then? >> why wasn't president bush able to get across his immigration plan? because, again, it doesn't desecrate along party lines. it's very regional, it has to do with ethnic issues, as you pointed out, so it's not too easy even if you have the majority to get something through. >> these folks, undocumented workers, live in the shadows. they're paid in cash and they're the number one victim of crime. they're afraid to come out and report to the police because they're here illegally and they should not live in the shadows anymore. and president obama promised comprehensive immigration reform. 11.2 latinos voted in the last

presidential election. 71% supported obama. >> after the midterm elections, he'll know whether they still have control of the senate or not -- >> he could still use executive order to get a lot of this through. >> on telemundo march of 2013, he defended himself dealing with the immigration issue. then in september he said he could not do an executive order because it would be illegal. now he's saying he can do an executive order. >> he's gotten different legal opinions, clearly. >> he has. i want to ask you both, and we're short on time. congress will be back this week. they're going to offer up on both sides of the hill and both sides of the aisle opportunities for the president to have formal congressional approval for acting against isis possibly in syria. yes or no, do you think he needs congressional approval? >> i think it's complicated, because there is a war power act of 1973 that he has to pay attention to. boots on the ground? he absolutely needs it. >> i think our commander in chief needs a solid stance and

congress needs to be behind him. we can't politicize this issue because the president came out the wrong way. and when you come out the gate not strong, you look weak. >> it sounds like there are those on both sides of the aisle who want to give the president his support. they will have their constitutional voice in the matter but given the tools he needs. they're finally back from their break this week. ladies, good to see you both. right after the break, lawyers are prepping for a key hearing for sergeant tamarisi, that marine sitting in jail. our own van susteren takes a look at the case. ...and goes to work in seconds. ♪ tum, tum tum tum tums! try great tasting tums chewy delights. yummy. [ male announcer ] when your office is 1,500 acres, it's good to have the right help. with models up to 62 horsepower or 1,400-pound payload.

go tough. go strong. go gator. i am so noh my gosh...now, it's not even funny. driver 1 you ready? yeah! go! [sfx] roaring altima engine woah! ahhhha! we told people they were riding nissan's most advanced altima race car. we lied... about the race car part. altima, with 270 horsepower and active understeer control. how did you?...what! i don't even, i'm speechless. innovation that excites. .

. . . . a body at rest tends to stay at rest.

while a body in motion tends to stay in motion. staying active can ease arthritis symptoms but if you have arthritis, this can be difficult. prescription celebrex can help relieve arthritis pain, so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen, naproxen and meloxicam have the same cardiovascular warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance of serious skin or allergic reactions, or stomach and

intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and ask your doctor about celebrex. for a body in motion. and now celebrex may be available for as little as $4 a month. terms and conditions apply. to learn more, go to celebrex.com. a u.s. marine remains locked in a mexican jail where he's been held for nearly six months. on tuesday, surveillance video of the day sergeant tamarisi

crossed the border will finally be released. our own van susteren sat down with us and i was able to get her opinion on the tape release. >> what the judge is finally going to see is there are 18 surveillance cameras, and there's no audio on them, and the judge has ordered that the border patrol bring that tape to the courtroom and they're going to watch it. it's not necessarily going to tell all, but it could corroborate, because is he acting obnoxious, deceitful, trying to get away like he's trying to hide something, or is he trying to show where the guns are. it may tend to corroborate and be helpful, but it's not the end all. but it should have been done months ago. >> i know there's been changes in his legal team along the way. is that why we haven't seen the evidence before now? >> our system could be a lot better. however, ours is much more transparent, you can move it a lot faster and you can get the

media into the courtroom. when they say you can't have the media in the courtroom because of the size of the courtroom is appalling because not much is known what's going on inside. the lawyers are sort of focusing on the mexican constitutional issues saying the way he was treated in the beginning was bad, so we throw everything out including the arrest, the charges and everything else. but i think subsequently, did he have the intent to violate the mexican law? did he have the intent to go into mexico with those guns? if it's accidental, he didn't have the intent and he didn't commit the crime. >> so in the meantime, you've raised a lot of attention about this. you've been one of the biggest voices on this, and yet we've seen a lot of american leaders have interaction with mexico, including mexican president, our president. other actions that have gone on, other meetings, and yet i always scour when we get the reports and the president has had talks with somebody in mexico to see

is there any mention of the sergeant? and there hasn't been, to my knowledge. do you think the united states is taking action, somebody? >> he volunteered for us. he did two terms in afghanistan, he got hit by an iud, he has ptsd. at the very least, we could put some diplomatic pressure on mexico at the very minimum to push this thing through faster. this has been since march 31st. some say we use diplomatic pressure to bounce him out of prison. i say we try this thing quickly. we don't leave our marines behind and he wasn't on official duty at the time. for the life of me, i can't figure out, he has ptsd. why don't we want to do everything we can to bring him back home? remember, he went to our va hospital to get help before he went to the mexican prison in mexico. our va hospital has not had a lot of great shakes in a lot of locations, so there's a lot going on in this case and we should at least have a big

heart. bring our marine home. >> what do you think is some kind of official response or intervention? >> i think probably we don't want big foot mexico. but we big foot a lot of countries for a lot of reasons. we can do trades, we can do deals, there are a lot of things that canning done behind closed doors. at first i thought maybe there wasn't a lot i knew about the c the cautious approach. i said let's get his trial going quickly because where the cards may fall, they will fall. i would have made that turn because it was the direction to san diego and there's no way out of it once you make that turn. so i thought, is there something i don't know? i don't want to go out on a lymph there's something going on. but they didn't charge him with smuggling guns, which would be a more serious offense, they charge him with possession. he has a right to possess them in the united states, and it's an accidental turn into the country, so how do you have the

intent to violate the law? there's nothing. montel williams wrote a letter, by the way, he graduated from the naval academy, 22 years in the marines, and they sent back some pictures trying to defend what happened. the pictures were taken north of where he made the turn. so even the answer they gave to montel williams is just factually wrong. are they not looking at the facts? i don't know, but this is an accidental turn, i'm convinced of that. i don't know what else was going on in this man's head. >> i know folks who are following this case closely very much appreciate your attention to it as well, so thanks for giving us an update and we'll be watching this week. >> thanks a lot to our marines and everybody else who serves in the military, and their spouses and families who sacrificed so much. >> we watch on the record this week for all the latest developments on the case weekdays at 7:00 p.m. eastern. after pleading for help, there is an update in the case of an american held by the north koreans. after five months of steady

violence, could a truce in ukraine last a second day? the answer when we come back. you swore you'd never do it. trading in your sporty little two door for a minivan? but here you are. counting cup holders and captain's chairs. not to worry. allstate can help you save an average of $3,000 on a new car. let an allstate agent surprise you by helping you get a deal on the car you might not want but really need. call 877-279-9200 now. the car seat. the baby booties. and ointments you've never heard of. it all adds up. that's where the good hands can help. now allstate can help you save 20% or more on a new car seat. so you have a little extra for all the extras. talk to an allstate agent and start saving today. and if you call right now you can get 2 safe driving bonus checks a year for driving safe. only from allstate. just a few more ways the good hands

are doing more than ever before. call 877.279.9200 now.

peter joins us now with a look at your top headlines. >> making headlines at this

hour, the u.s. military has launched air strikes around a dam in iraq. it's the first time they've gone after islamic insurgents at that vital dam. the governor of the hotly contested anbar province was reportedly wounded by isis, but it's not clear to what degree. a fragile cease-fire in ukraine appear to have collapsed two days after the government and rebels signed an agreement. large explosions have been heard near the airport in rebel-controlled donetsk. and a civilian was killed in shelling near a black sea port city. matthew miller, an american detained in north korea, will be tried next sunday. that's according to north korean state media. it's less than a week since miller made a rare foreign media appearance to plead for help. and the british government plans to offer scotland more financial autonomy in the coming days. polls show a very close vote in the upcoming referendum on scottish independence. that vote takes place september

18th. those are the top stories right now, shannon. back to you. >> peter, thank you very much. all eyes are on apple this weekend, at least all the techies out there. tuesday's planned news announcement is fueling speculation about the next big thing. most analysts predict it could be the iphone 6. i haven't even upgraded to the 5 yet. or an iwatch or maybe a mobile payment service. whenever the company unveils something new, expectations are high. after the break, they love jigsaw puzzles and each other. meet the sweetest pair of sisters from indiana and hear their secrets to a long, happy life. . >> i wake up at 5:30 and 6:00. i used to not go to bed in the 5:00. >> the birds would be tweeting when we'd go to bed.

and just give them the basics, you know. i got this. [thinking] is it that time? the son picks up the check? [thinking] i'm still working. he's retired. i hope he's saving. i hope he saved enough. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. whether you're just starting your 401(k) or you are ready for retirement, we'll help you get there.

i've been asking what you need or want to hear from the president on wednesday when he lays out his strategy to combat isis. roman says he needs to hear one word, annihilate. david wants to hear the president say isis is a top national priority and we are taking action. marty wrote that he'd like a clear plan to destroy isis and an attitude to inspire a nation and strike fear in our enemies. thanks always for sharing.

she was a normal size baby. here she comes 45 minutes later. what a surprise. >> i just kind of fell in. i didn't make any noise, and i'm still the quiet one. >> that was 95 years ago. those two ladies are still going strong. meg and jane are are the oldest twins in indiana. they finish each other's sentences, crack each other up. in case you're wondering, they say their secret to longevity is hard work. good for all of us. that's it for us here in washington. "fox news sunday" is up next. chris wallace interviews former massachusetts governor and one-time presidential candidate mitt romney on all the hot topics of the day and possibly what he'd be doing if he were the one in the white house. i'm shannon bream. thanks always for watching "america's news headquarters" and fox news, where more news is

always on the way. have a great sunday. i'm chris wallace. former governor mitt romney is pulling no punches blaming president obama for the growing number of hot spots around the world. >> the president has a foreign policy which has failed once again. we find ourselves facing a very severe and horrific series of scenes on the world stage. >> was romney right in the 2012 presidential debates about russia and other threats to the u.s. and will he run again in 2016. mitt romney only on "fox news sunday." then, a second american is executed by isis. and new charges about benghazi and why help came too late.