>> new splits in the democratic party over free trade while presidential candidate hillary clinton on this issue sounds different than secretary of state clinton. this is "special report." >> welcome to washington. most democrats will tell you this early they're pretty certain hillary clinton will be their party's nominee in the end. on the issue of free trade, the likely nominee is hedging. a bipartisan trade agreement would give president obama enhanced power. the pushback is so strong chief white house correspondent ed henry reports the white house and clinton are feeling the

liberal heat. >> independent senator bernie sanders today blocked a bipartisan effort to give president obama fast track trade authority. pouring gasoline on an emerging trade war among democrats. which may end up burning hillary clinton. >> maybe i'm dumb and you can fool me three times. there does come a limit for how many times you think you can fool the american people. >> the real goal of sanders a democratic socialist is a slow down fast track and join forces with liberals like elizabeth warren to defeat the president's transpacific partnership trade agreement. leaving hillary clinton between a rock and a hard place. >> any trade deal has to produce jobs and raise wage and increase prosperity and protect our security. and we have to do our part in making sure we have the capabilities and the skills to be competitive. >> in order to appease the left

clinton has already flip-flopped this month on same sex marriage. and driver's license for undocumented workers. teeing up the next policy ship is tpp which she strongly backed as secretary of state. >> i'm moving quite well in the right direction. >> martin o'malley is also hitting her from the left. >> we need to stop entering into bad trade deals. >> if she ends up opposing the deal, clinton will be at odds with the president, one of their ugliest battles in the 2008 campaign came over a flyer mr. obama used against her by highlighting his opposition to free trade. >> shame on you, barack obama. >> now the president is supporting free trade and bumping up against warren as well. >> i love elizabeth, we're allies on a host oof issues. she's wrong. >> warren fired back at the president today with a populist pitch saying they're making a lot of promises about how the deal will affect work squrz the environment and human rights.

>> after delay by bernie sanders the finance committee did come back to get going. this will be an uphill battle for the president. senator reid saying not only no but hell no. >> on this book clinton cash the clintons are sending the attack dog. >> the clinton camp throws a kitchen sink at the author. ted cruz rand paul basically a page from the clinton play book you hit the attackers another vast right wing sister. the author does have ties to republicans. what the memo does not mention. there is independent reporting from "the new york times," washington post and fox news about this. so the memo shooting the messenger but not directly refuting the message, which is questions about contributions to the clinton foundation that's a question they'll have to address. >> speeches as well. ed thank you. a special friday night 10:00 p.m. fox news reporting.

you don't want to miss this. it will be running through the weekend. a long fight between a farmer and the federal government over raisins. made it to the u.s.urt today. there is a regulation nation report on who really owns a farmer's crop. >> if you want my raisins pay me for them. >> for decades the federal government has been forcing this man to fork over large chunks of their crops without paying them. the regulatory practice stems from a 1949 creation of a body called the raisin administrative committee. under the framework, handlers are ordered to give the government a fluctuating percentage of their crop each year. the stated goal being to stabilize raisin prices on the open market. the reserve is eventually sold. the proceeds are then used to fund the committee and any net

profits are redistrib uted back to the handlers. horn decided not to comply. the department of agriculture came after him. he says he owns millions. most of the justices seem skeptical of the government's argument that by putting raisins into commerce they should hand over 40% of their crop. justice aleteito could see -- could a government say to a mufrer of cell phones you can sell them but every fifth one you have to givetuse. the fifth amendment bans the practice of taking property. quote, the fact that all the raisin producers are better off because of this program,

including you, that's what's the compensation. ford warned while his case may be about raisins the court's decision could have a broader impact. >> if ingovernment can come into your house and say you don't need this and you don't need that and we need this for society, and you're going to have to give it up. and they don't pay you for it. that's what every citizen should be worried about. >> the government says horne has a choice. plant a different crop. during the arguments chief justice john roberts said the government's suggestion, do something else, called it quote, a pretty audacious statement. >> thank you. what do you think? do you agree with the raisin farmer or government? let me know on facebook or twitter @bretbaier. a new fox poll shows americans do not fight the fight against isis is going well.

with 6 #3% saying somewhat or very badly. only 3% say it's going well. this as word comes from france of a terror plot foiled when the suspect accidently shot himself. police say he was plotting an attack against french catholics. greg palkot reports the plan appears to represent an expansion of the isis war on christians. >> apparently in the sights of terrorists churches in the west. this catholic church allegedly a target of a 24-year-old algerian man living in france and now under arrest. police responded to an ambulance call from him after he shot himself near his home in southeast paris sunday. they say they found an arsenal of weapons, ammunition bulletproof guests and documents linked to isis and al qaeda. >> translator: documents were also found without any ambiguety

he was planning an attack in all probability against churches. >> isis is targeting christians in the middle east. video was released reportedly showing christians being killed in libya. the suspected terrorist under guard was contacted by a person in syria and told to attack churches. they also say he was suspected of wanting to join hundreds of foreign fighters in syria, but they didn't have enough information to hold him. and police have linked him to the murder of a 32-year-old french woman found dead in her car sunday morning also in the same suburb. this comes after january's terror attacks on paris at the "charlie hebdo" newspaper office and a kosher supermarket which led 17 dead and france on high alert. >> translator: the first consequence we are always under a terrorist threat. when i say we not just france but a number of countries. we should continue to remain

vigilant. >> after the terror attacks synagogue and mosques in france were put under special protection not churches. officials today say that will have to change. >> thank you. up next the irs commissioner on the hot seat again on capitol hill. and lawmakers did not pull their punches. here is our fox affiliate around the country in raleigh north carolina an escaped prisoner turned himself in 40 years later. he turned himself in because he was unable to get adequate medical treatment without identification. >> colorado springs with a man so frustrated with his computer he shot it. eight times. in an alley. police cited him for discharging a weapon within city limits. he accepted the charge with good humor saying he didn't know it was illegal. this is a live look at the

streets of baumt, wbff is covering demonstrators on the streets protesting the death of freddie gray. gray's death as we told you from a spinal injury while in police custody. it under investigation. that's tonight's live look outside the beltway from "special report" we'll be right back.

man: you run a business. could be any kind of business. and every day you've got important decisions to make, like hiring. where are you gonna find those essential people you need? with ziprecruiter, it's simple. we post your job to over 100 job boards with just a single click, so you can reach millions of qualified candidates. then we'll give you the tools to help you manage, screen and rank your applicants all so you can find the right one. try zip recruiter for free today.

the ongoing battle between the irs and congress continued today. the head of the tax collectors was back on capitol hill. he brought with him some more bad news. good evening doug. >> when the tax federation reported last year the u.s. tax code is 70,000 pages long. it got an raeng response from congress's tax writing committee who noted it was only 2,600 pages long. whatever its length the tax code is not getting simpler.

when the irs overloaded phone system hung up on 8 million people seeking help. the commissioner came today with more bad news. >> we're dismayed with the reports of taxpayers lining up hours before they open to get service. taxpayers who called us had long wait times on the phones. on bad days fewer than 40% of the calls were able to reach a live assistant. that was after a 30 minute wait. >> he blamed the bad service on budget cuts. a republican way and means committee report released today found a different cost. that the irs intentionally diverted $134 million from customer service to other agency expenditures. including $60 million in employee bonuses union activities and $2.1 million on litigation services as well as it upgrades. >> you chose to reduce the dollars that were purposefully

dedicated to customer service and use those to fund it. >> as we got zero funding for the affordable care act implementation we had no choice and could not afford to have the filing season collapse. >> koskinen reminded members his decision to spend it on it was statatorily mandated. republicans admonictsed koskinen for a recent speech that the irs has to do less with less. >> you cannot go to the troops and tell the troops the things have never been darker days have never been longer, winters have never been colder you know what? we have a solution to that. we'll just do less with less. >> one sympathetic democrat told koskinen the answer is to increase funding. you can't get blood from a turnip. >> the irs may be a contentious issue on capitol hill else

where up there, there appears to be a growing sense of bipartisan accomplishment. hard to believe but it's happening. senior political analyst brit hume is here with the era of good feeling. >> it's too soon to say a new day has dawned on capitol hill. but there is definitely light on the horizon. yesterday, john boehner leaned over and kissed nancy pelosi. that was unusual enough so was the event they were attending. a signing ceremony for a bill passed on a bipartisan basis. the senate reached a compromise allowing a bill to combat human trafficking to go forward. that cleared the way for a vote this week on the nomination of loretta lynch to the attorney general. both houses of congress have passed budgets this year and the house has voted to give president obama funding for the transpacific trade agreement.

much else but things are clearly moving in congress. one reason is because majority leader mitch mcconnell has reopened the senate floor to demate after his democratic pred predsayser kept it down for years. even democrats had been shut out by reid's approach which was meant to shield his members from tough votes. we saw how well that worked. reid was asked yesterday about that trade measure passed by the house. not just no he said hell no. some things it seems, never change. >> the wisdom republicans may have a hard time holding on to the senate. does this new atmosphere up there change the dynamic for the election? >> if it continues, it certainly could. the election dynamics are based on the idea there are more republican seats up in this next election than democrats, which

makes it harder for the republicans to hold on. if they can show a record of achievement and show they've broken the ice in which the senate seemed frozen for so long that it seems to me will help them a lot, particularly if this as this continues and there are measures fastpast. some on the left won't like what gets done. >> it shows how much senator reid -- >> senator reid and his handling of the senate was a major factor in this situation with congress for sure. >> thank you. the chairman of the house select committee on benghazi says his final report may not come out until next year in the middle of the presidential campaign. republican leaders say that democrats will only have themselves to blame. >> they could clean this up a whole lot quicker if the administration and former secretary clinton were in a position to actually cooperate. the administration has made it virtually impossible to get to

the facts surrounding benghazi. >> a top democrat on the oversight panel says the obsessive focus on secretary clinton by the gop members makes it clear they have lost sight of the purpose of the committee to investigate the tragedy in benghazi or that was never the point. congressman trey gowdy says with two phone calls from secretary john kerry and president obama we could get the documents and access we are seeking quickly and this thing could be wrapped up by labor day. still ahead, a would be presidential assassin is back in court today asking to live with his mother. first, the president spent earth day in florida. questions remain about his foreign policy decisions on the other side of the globe.

yemeni security officials say a suspected u.s. drone killed seven fighters today. off the coast, u.s. ships continue to monitor iran's actions. but are still not authorized to stop or board iranian vessels. all while nuclear talks with iran resume. kevin corke is at the white house with the latest. >> for a second day in a row, the promise of peace was shattered by the reality on the ground. >> the houthis should be under no illusion that we will continue to use force. in order to stop them from taking yemen over by aggressive actions. so that will not change. >> despite an earlier pledge to end the month long campaign in yemen. saudi led forcewise the aid of american intelligence pounded shiite rebels throughout the country.

the air assault coupled with a block aid was meant to stun the rebels who forced the yemeni government to exile. the houthis took to social media pleading for an end to hostilities. >> we call for the complease cessation of the brutal aggression on yemen, the resumption of political dialogue under the auspices of the united nations. the crisis has been heightened by the presence of iranian and u.s. warships in the region. sparking new fears of a proxy war between nations in the midst of nuclear arms talks. critics say it's the messenger, not the message that has motivated iran to ignore the white house. >> it's perfectly obvious that iran is using this crisis in yemen to its advantage. it continues to back the houthi because it thinks the administration is not really willing to take a strong stand there in a qua that would affect the nuclear negotiations. >> meanwhile, the obama administration launched a pr

offensive. defending the president's decision to beef up america's position in gulf waters. >> what we said to them is if there are weapons delivered to factions within yemen that could threaten navigation that's a problem. >> the president's message for iran may be direct. voters in a new poll believe the president is being too soft on iran. with over half, 51% saying he's not tough enough. to 34% who think he's striking the right balance. >> as you look at the poll a tough sell for voters and a tougher sell on capitol hill bret. florida congressman saying of the so-called snap back provision is disney fantasyland. clearly the white house has a lot more selling to do. >> kevin corke live at the white house. president obama will once again not refer to the killing of one and a half million armenians by the ottoman empire as genocide on the 100th

anniversary friday. during the 2008 campaign senator obama said he would use the term. critics saw the decision a surrender to turkey. that nation recalled its ambassador to the vatican after pope francis spoke of genocide this month. speaking of pope francis, he will visit cuba. he has been credited with helping the united states and cuba in restoring relations. italy is calling for the european union to help deal with the flood of migrants from africa. it's suggesting military intervention against traffickers and increasing the number of un offices. a naval vessel docked today with 450 migrants who were rescued. 59 are children. the un's refugee agency says more than 800 people drowned when a ship wrecked in the mediterranean sea

saturday. up next the man who shot a president is asking for more freedom.

on this earth day, president obama touted his climate change message. with one of the nation's most idyllic backdrops. the correspondent rich edson reports critics on the left and

right that the president's actions may say more than his words. >> president obamaurt day travels bring him to the florida everglades using rising sea levels there to call for dramatic cuts. >> refusing to say the words climate change doesn't mean the climate change isn't happening. we know that in our own lives. you got a storm, you don't stick your head in the sand. >> this as air force one uses 9,200 pounds of fuel. ninety-six to the environmental effects, the obama administration has released a report saying climate change is weakening inu.s. power infrastructure and threats from cyber attack and terrorism are growing. the energy review says the u.s. electric system is at a strategic inflection point. a time of significant change for a system that has had relatively stable rules of the road for nearly a serchry.

citing a 2008 edison electric study. utilities need to invest up to 2 $2 trillion upgrading their systems. others say they are spending enough to keep them safe. >> i've seen what their obligations are. remember at the end of the day, if they're not delivering power they're not making money. ultimately that drives them. >> for the white house a continued focus on climate change. the president even brought with him to the everglades tv scientists and author bill nye the science guy who treat twooeted heading down to d.c. to catch an earth day fly on air force one. that tweet grew criticism for those charging hippocrate from nye and obama. in response to the carbon cost of the trip the white house denies it undercuts the president's message pointing out his push to limit carbon emissions throughout the

economy. a positive day on wall street today, the dow rose 89. the s&p 500 was up 11. the nasdaq jumped twin21. the man who attempted to kill president reagan is back in court. >> lawyers for john hinkley jr. appeared once again before paul friedman, the district judge who has expanded the would boo assassins freedom from limited daytime exkurgzs out of a mental hospital to 17 days a month he spends in his mother's custody in virginia. there the associated press reports he leads a low key life. >> the majority of people don't want him back here. >> in his mind it drove him to do what he did, nobody could convince me those things are no longer there. >> hinkley's attorney seeks full

release provided the 59-year-old meets conditions. including counseling and intake of drugs, performing volunteer work. arguing that his psychoicosis has been in remission for 20 years. mr. hinkley has a right to the least restrictive environment under public safety. a former medical worker calls him sweet and considerate. >> i don't think, you know that he's a danger to anyone. >> 34 years have passed since he shot president reagan. his press secretary james brady, washington police officer and a secret service, despite learning the shooter had stalked president jimmy carter jurors found him not guilty by reason of insanity. u.s. attorneys opposed his latest motion arguing his family lacks a plrks b for when his

89-year-old mother passes away. reagan's daughter patty davis also opposed the motion noting that hinkley while at st. elizabeth had written to ted bundy and manson. >> this hearing is expected to last through friday after which point we will get the judge's ruling. if past rulings are prolong, the leniency will likely be granted. >> james, thanks. after the break, the panel joins me to break down hillary clinton's political conundrum over free trade. ing [ male announcer ] meet jill. she thought she'd feel better after seeing her doctor. and she might have if not for kari, the identity thief who stole jill's social security number to open credit cards ruining jill's credit and her dream of retirement. every year, millions of people just like you experience how a little personal information in the wrong hands could wreak havoc on your life. this is identity theft and once every 2 seconds someone becomes a victim.

lifelock offers comprehensive identity theft protection. the patented lifelock identity alert system lets you know about threats to your identity by text, phone, or e-mail. and lifelock even offers bank account takeover alerts and alerts for your investment and retirement accounts. lifelock's comprehensive identity theft protection helps guard your social security number, your money, your credit, even the equity in your home. and lifelock's certified resolution agents are there to help restore your identity if you become a victim of identity fraud. they know what to do. and that's not all. lifelock stands behind their protection with the power of their $1 million service guarantee. you have so much to protect and nothing to lose when you call lifelock right now and try 60 days of identity theft protection risk free. 60 days risk free. use promo code onguard. order now and get this document shredder to keep sensitive documents out of the wrong hands.

a $29 value free. ♪ or go to lifelock.com/onguard to try 60 days of lifelock identity theft protection risk free. and get a document shredder free. ♪ and help protect your identity your money, and your credit. ♪

any trade deal has to produce jobs and raise wages and increase prosperity and protect our security. and we have to do our part in making sure we have the capabilities and the skills to be competitive. >> it is basically insane to

keep going with the same type of trade policy that has failed and failed and failed. and i hope very much that here in the senate and in the house, we can defeat this trade agreement, this tpp and come back to the table. >> there's a split in the democratic party when it comes to trade. the president, the white house, pushing this deal. that's getting through congress but democrats like bernie sanders and others, the list is actually pretty long have a problem with it t. hillary clinton, presidential candidate is hedging a bet. here's what she said previously on this? >> so we are exploring new ways to enhance trade, the transpacific partnership which we've benen working on diligently is we think, moving quite well in the right direction.

our goal is to create not just more growth but better growth. we believe it will be good. >> she called it the gold standard at one point. let's bring in our panel, steve hey hayes, and amy and charles krauthammer. how big is this problem for democrats or hillary clinton? >> the democrats are the vacuum in the center of their party now. most of their members have lost their seats in the congress. you have som after a humbling election. i think you'll see good democratic support on the senate side. but you're not going to -- among the house democrats. you'll get very few of those. the hillary clinton thing is not a surprise. she's under pressure from the left of the party.

she supposed nafta when her husband was president. once in the senate she supported some opposed others. as secretary of state, of course she touted this as really you know important. and helpful. so what i think is that she's going to actually end up supporting it t. because i can't imagine that the price of opposing -- i think the price of opposing it is steeper. she's going to do this hedging for weeks to make it look like she's tortured it. if she opposes, the president will say she's wrong. >> she doesn't have yet an opponent from the left. here's what president obama said about the biggest opponent to the trade dill which is senator elizabeth warren last night. >> i love elizabeth, we're allies on a whole host of issues. but she's wrong on this. i would not be putting this forward if i was not absolutely

certain that this was going to be good for american workers. now, understandably folks in labor and some progressives are suspicious generally because of the experiences they saw in the past. but my point is don't fight the last war, wait and see what we actually have in this deal. before you make those judgments. >> well elizabeth warren quickly put out a statement saying the administration says i'm wrong. there's nothing to worry about. they say the deal is nearly done and they are making promises about how the deal will affects environmental workers and the human rights. promises like you can't see the actual deal. that's a big split. >> a big split. i'm sympathetic to her argument on transparency at the very least. it's important to see more of that deal. look hillary clinton's comments clearly suggest that she's ken lee attuned to the possibility

of a real threat from the left. you have martin o'malley who talked about bad trade deals. and elizabeth warren has stated that she's not going to run. in politics that means she's probably likely to run at some point. i think hillary clinton and her team want to do everything they possibly can to avoid any mounting sense of optsition. right now, it is virtually unanimous, particularly in the washington press core that she will not have a serious challenge. mention martin o'malley gym webb and journalists in this town will laugh. they'll laugh it off. that's exactly the attitude that the clinton campaign team wants to keep and the more pressers she has from the left on things like trade, the more that sense of inevitably is eroded. >> i think the 50 point lead and you can't take a position on an issue that is so obvious, her husband supported it with nafta.

she wants to walk it back. she said it was the gold standard. it shows a certain lack -- not exactly profile and courage mike kinsly the editor of the new republic once said to me there's not a lot of proposition in economics or politics that are mathematically provable to be true. free trade being a net good is one of those few. demonstrated by david ricardo in 1817. that's two centuries and it remains unrefuted. there are winners and losers. there are losers and the losers are democrats and unions. they are identifiable. and they speak out. i think what hillary is going to do -- even though she knows is the right thing to do she will not oppose tin principal. she'll say if it's worked out, i haven't seen the details she'll delay until it's published. until it can be read. then i think she will oppose it by saying, well, it's just the way it's written.

there are things inside of it if i become president, i'll try to improve it. i think she'll get herself on the correct side for her own left as a way to prevent elizabeth warren. i could see her getting upset about this and making it her come into the race. hillary wants to keep warren out of the race. >> the split is on the democrats, the significant split. are there conservatives who have problems giving the president more power when it comes to fasttracking trade deals, that the executive branch would get more power over congress that they want to weigh in the constitutionallests the tea partiests. >> i think those conservatives are already people who hesitate over trade. to begin with. worried about what's going on here with our economy and the american worker and they're not all, senator rob portman is our u.s. trade rep.

he has concerned about the bill. high might he might not stop or vote against tpa. his concerns about a fast track at this moment the concerns may be dressed but he's not alone. there are republicans that are not only concerned about free trade, but also about executive authority and what president obama has already afforded himself. but i think when it comes to this issue, that's rooted in a resistance to trade deals. >> does it get through? >> yes. >> i think so. >> sure. >> yeah. >> next up raisins. property rights. and you.

they have the procedures for it. they set the value of it and they pay you for it. in this case they just made a little regulation, they took what they wanted, and they didn't give you anything. there was no hearing to find out how much your raisins were really worth. for decades the federal government has not been paying these raisin farmers a single penny to take over large chunks of their crops. it goes back to 1949 in the establishment, believe it or not, of the raisin administrative committee and the goal is to it stabilize raisin prices in our country on the open market. what about this now says the supreme court today we're back with our panel. steve? >> this is one of these stories that when you hear it at first you think this can't possibly be true. i'm open to the federal government doing any number of very stupid things but if somebody came up to me on the street and said, you

know the raisin administrative committee has been taking my raisins unjustly and charging me a penalty when i try to get it back i think i would honestly think the person came from the nut house. having said that, it is apparently true and what's fascinating as you look at the details of the cases the government has had to change its argument so many times because, i think on its face it seems preposterous. so the argument first challenged it on the merits, then challenged it on procedural basis then challenged it on the merits. the basis of the government's argument is, in effect look, we satisfy the just compensation clause because we allow you to sue to recoup the $700,000 penalty that we're charging. i mean, that's a preposterous argument, again, on its face. and i think that's the way the court is likely to rule. >> the solicitor general argued today -- this is what he said, our fundamental argument is this is not a taking to begin with, because the grower voluntarily submit the total

amount a of raisins to the handler. separates them in two quarters one to be sold now and one to be sold later. they both have to do with timing and regulation of the sale. which petitioners can regulate the timing and manner of sales. they say the government holds these raisins eventually sold, often to school lunch programs and if there is any profit it goes back to the handlers. but the committee this raisin committee is funded by this money and usually there aren't any profits back to the farmers. really amazing this whole thing. >> i was surprised to learn that there are many raisin farmers defending this law. because it's ridiculous. even liberal supreme court justice lynn kagan said it could be the most outdated law on the books. our government should not be spending any taxpayer dollars or hours hoarding raisins and trying to

collect $700,000 fees. but, their argument has been and ninth circuit backed it up that if they tricked the market into higher prices for raisins you will make it up and recoup your loss on the other end. i wish i had a good raisin joke but it's really preposterous. >> it's raising a lot of questions. >> i think one solution we are overlooking is to establish a strategic raisin reserve. we would have 100 year supply this thing is ridiculous but it is really important case because people had no idea how many other commodities, how many other markets the government especially the federal government intervening in preposterous ways. we pay a lot more for cotton and sugar and other stuff that we ever should. it may not be as obvious a taking as is happening here, but i think if this law falls, which i think it will they there be suits in

hundreds of other laws and we might begin to clean up this corruption of the market and a lot of other commodities that has been going on ever since the new deal. i think elena kagan signaled this is either a constitutional violation or is the most out-of-date law in history. it's not out-of-date. there is a lot of it in other areas. but it's simply not known and somebody finally stood up and took on the bureaucracy. >> that's why we do this series, regulation nation. we have these stories that people shake their head and say there is no way this is happening. >> charles is right. i would say it's not limited to commodities at all. this kind of a case, should the raisin growers prevail sends a signal to small business owners and others elsewhere that they actually can challenge the government and may occasionally win. i remember, this is now 10 years ago reporting a story about sergeant toe cheese and a bad listeria test that that the federal government came, in did this test.

the test turned out to have been wrong. it cost sergeant toe cheese, a lot of money a million dollars. and they are basically powerless to do anything to go back and recoup their money on the one hand. on the other they didn't want to challenge the regulators because they seemed to have so much control over the way they do their business. what this case says is, if it turns out the way we think it will. you can take on these fights. >> oftentimes the questions from the supreme court as you know, don't effect the outcome but a lot of the questions today had to deal with this. this is justice scalia and horn's lawyer, scalia saying i thought that what the constitution required for a taking was just compensation not a reasonable nexus to a good policy. am i wrong on that? mr. mcconnell you are not wrong about that. and scalia says, i didn't think so. so that gives you an indication. that's it for the panel. stay tuned to hear what secret service may be asking after last week's security breach.

finally tonight, joe is briefing members of congress on recent security breaches. one late night show took a stab at what may be happening behind secret service talking about white house security. >> number 7. why doesn't the president just move to a safer neighborhood? number 5: have we tried a fence around the fence? number four, sorry i'm late.

slow moving prostitute. number 3: you don't work here. how did you get in? number 2: one more screwup and you are all going back to groping air travelers. [ laughter ] and number one thing overheard at the latest secret service meeting who wants to ride the gyro copter. >> oh, dear. thanks for inviting us into your home tonight. that's it for this "special report." fair, balanced and unafraid. greta goes "on the record" right now. if you haven't been there before, "special report" online is a lot of fun. a little bit more relaxed. we answer your questions and comments. "special report" online starts in four seconds. he>> it is tuesday-- thursday april 23rdrd. a plane spirals into a rapid

dissent. >> confusion in the cockpit, and the investigation right now. brand new bombshell surrounding hillary clinton, the new reports about the cash flowing into her foundation which could have conflicts of interest while she was secretary of state. >> blasting the breech that had the mailman crashing his copter on the capitol lawn. >> he should have been blown out of the air and very well could have been. >> the lat night comments coming after a closed door meeting. "fox & friends first" starts right now. >> good morning to you and your family. i am welcome to "fox & friends first". >> flight emergency. passengers on the plane start

passing out. >> had lady behind me passing out. a couple ours passing out. >> the pilot making a daring last minute decision. jack see i be banibanez is here with more. >> those on board the flight out of chicago say three people passed out five minutes into the flight. minutes later dozens more started feeling light-headed and short of breath. the pilot taking no chances asking if any one on board had any medical training. one passenger was the only one. >> i put oxygen on her. i felt short of breath. i felt like i was about to faint. there was something going on. >> i think we should do an emergency landing. >> original reports claim a