and rank your applicants. all so you can find the right one. try ziprecruiter for free today. episode of "the five." "special report" is next. are you freer right now or less secure? as congress fights over the patriot act, surveillance programs are put on hold. this is "special report." good evening and welcome to washington. i'm bret baier. the debate is as old as america itself. which is more important? your privacy or security in and how much of one are you willing to give up to get more of the other? a 21st century version of the argument is playing out right now behind me on capitol hill. a handful of provisions of the patriot act have been suspended over collective liberty and

protection. mike emanuel leads off with an elusive effort to find the right balance. >> we'll have a vote on that legislation as soon as we can. >> reporter: the senate majority leader used that language because rand paul is running the clock to cause a lapse in three components of the patriot act. this morning, paul said he won. >> the government will not collect your phone records in bulk. i think that's a huge victory. >> what expired at midnight were three national security tools, the nsa collection of phone records and the mateetadata and roving tracking and a lone wolf provision for those plotting attacks on their own. >> we're not listening to people's phone calls. there is no content collected. >> reporter: facing a midnight deadline they moved forward with the bipartisan usa freedom

act which stores phone data instead of the nsa. >> it's ironic to say the least, that senator paul blocked a piece of legislation that would have actually solved the problem that he was talking about. so that may have been an effective campaign tactic but it certainly wasn't in the best interests of the country. >> reporter: fellow presidential candidate rick santorum said it isn't all about rand paul. >> you get all of this media chasing around you and you think you're really important and the center of attention. but the bottom line is this is about the national security of our country. >> mcconnell would like to improve it with amendments to make sure the new system actually works. >> these pictures are commonsense and whatever one thinks of the proposed new system there needs to be basic assurance that it will function as its proponents say it will. the senate should adopt these

basic safeguards. >> reporter: if the top democrat on the house intelligence committee adam schiff says, "any departure from this carefully crafted compromise will undoubtedly reduce support for it in the house." >> our national security professionals have other tools that they can use to conduct investigation. >> there is great frustration with many senators saying they should have accepted the house bill over memorial weekend. there is also irritation about allowing rand paul to turn this issue into a huge campaign fund-raiser. bret? >> mike emanuel live on the hill tonight, thanks. since 9/11 security has been the clear winner over privacy when it comes to airline travel. but tonight, we're learning that no matter how invasive those tsa

agents are in the screening line they apparently are missing a whole lot. here's chief intelligence correspondent catherine herridge. >> reporter: the security failures at dozens of airports and more than a decade after 9/11, investigators found banned weapons through security checkpoints. republican ron johnson says he's reviewing the report adding it raises quote, valid concerns taxpayers have spent billions of dollars to secure our air travel system. it's important for that goal to be met. last year $7 billion was budgeted for the tsa. >> it's not much better than it was before 9/11 because this is meant to be a deterrent. it's not the great wall of china. >> 57 out of 70 tests, carried out by special investigators known as red teams. in one instance an undercover agent with a faked bomb set off

a magnotometer. this test was supposed to emit the underwear bomb that nearly brought down a debt over detroit on christmas day in 2009. the vast majority of plots are thwarted by good intelligence not pat-downs. >> all of them are stopped by going out, investigating, sharing information and discovering plots long before they came to fruition. >> just last week at a new york airport, the head of homeland security emphasized what is going well. >> in this year 2014 alone, we screened some 16.4 million passengers through preclearance and denied boarding to some 10,000 individuals. >> reporter: briefed on the findings homeland security officials say johnson immediately directed tsa to implement changes, adding the 95% failure rate doesn't tell the whole story. "the numbers in these reports nevef context

but they are a critical element in the continual evolution of our aviation security." >> now, the recent investigation looked at checked baggage and found vulnerabilities throughout the system because of tech problems and human error bret. >> 95%? >> i don't know anything out of context makes it look that awful. the dow was up and s&p and nasdaq. three suicide bombers killed dozens and injured dozens. the isis strategy continues to draw fire. and as five senior taliban leaders, potentially some of the world's most dangerous terrorists are putting their travel plans on hold. correspondent kevin corke is at the white house tonight. >> reporter: in welcoming the dutch monarch to the white house, president obama hailed him as the key ally in the fight

against isis. >> we expressed our shared concerns in other parts of the world, including in the middle east where dutch troops work alongside u.s. and other coalition members to help defeat isil and to stabilize iraq. >> reporter: side by side perhaps, but amid rising problems in the middle east. there were more funeral processions as isis struck a police base in anbar province. this on a day when anti-government militants stormed an afghan police headquarters in jalalabad. the taliban claimed responsibility for that attack just as qatar agreed to extend the travel restrictions on the so-called taliban five who were released from guantanamo bay in exchange for bowe bergdahl. >> those restrictions would be put in place for a year and it's something that we're discussing now with the qataris.

>> the army sergeant was charged with desertion but general petraeus said that the swap for bergdahl was still the right thing to do. >> the way he fell into the enemy's hand is immaterial. he's one of ours. he was held a prisoner hostage and we needed to get him back. >> reporter: but some lawmakers like representative vicky hartsler said the white house may have broken the law in the process. >> they went around congress and released these terrorists without notifying us and that's wrong. >> reporter: meanwhile, in yemen, an american held by houthi rebels was released today. the white house said very little about the other three. they had been battered by saudi air strikes with the aid of u.s. intelligence and president obama said keeping iran nuclear-free remains his top priority. >> i think i can demonstrate, not based on any hope but on

facts and evidence and analysis that the best way to prevent iran from having a nuclear weapon is a verifiable tough agreement. >> reporter: when isis overran iraqi military troops last year in mosul, the second largest city in that country, we're told tonight by the prime minister of that country that they lost some 2300 humvee armored vehicles making it easier for isis to fight and that much tougher for the iraqis. bret? >> kevin corke live from the white house, thank you. the cloture vote tomorrow on the usa freedom act. up next a presidential candidate who says he's the most qualified on national security. first, let's hear what some of our fox affiliates from around the country are covering tonight. animal rights activists chain themselves to a building to prevent a lab from being built for the university of washington. fox 5 in new york with

street closings and traffic delays from yesterday's crane accident a 4-ton air conditioning unit was dropped from about 30 stories up. ten people were injured but no one was killed or seriously hurt. and this is a live look at los angeles from our affiliate fox 11. the big story there tonight, the debut of caitlyn jenner the new name for bruce jenner. caitlyn jenner appears on the "vanity fair" magazine. that's the live look from outside the beltway for "special report," we'll be right back.

well this spring continues to be a fertile growing season for the republican presidential race. the newest contestant, south carolina contestant lindsey graham. >> i'm running for president of

the united states because i am ready to be commander in chief on day one. >> reporter: with his entry in the presidential race, south carolina senator lindsey graham declared the 2016 election would be about national security and he's the candidate best able to keep the country safe from threats like isis. >> i have more experience with our national security than any other candidate in this race. that includes you, hillary. >> reporter: in his 12 years in the senate graham has served on the armed services committee traveling to iraq for more than 30 times and just retired from the air force. in 2002 as a congressman, he voted to authorize the iraq war. >> had you known now what you know now, would you have voted the same way? >> if i had known now what i knew then i would have voted for a land invasion of saddam hussein. but we thought weapons were being used illegally and he needed to go. >> reporter: while his hawkish poster gives him generally good

marks, his stance on comprehensive immigration conform, can lindsey graham win his home state? >> i doubt it. he had serious problems with the gop base before he ran for re-election in 2014. >> i've got a record of getting things done that need to be done. i've taken a beating at times within my own party to do things that i think are good for the country. >> reporter: and he likely put another big target on his back today saying he'd consider raising taxes to save social security. >> if i and others like me have to take a little bit less and pay a little more to help those who need it most so be it. >> reporter: already conservative groups like the club for growth are taking aim at the senator for positions like that. graham told me he's simply a pragmatic conservative willing to do what it takes to attack the tough issues and solve them.

he told me if that message doesn't catch fire in iowa and new hampshire, he'll get out of the race before the south carolina primary and support someone else. bret? >> john roberts, thank you. senator graham will be greta's guest "on the record" right after "special report" at 7:00 p.m. eastern. a few other candidates are not through testing the waters yet. jeb bush says he's nearing the end of the journey but has yet to make a final decision. it is expected though in coming weeks. scott walker says he'll announce something after working on the state budget later this month and donald trump says he'll make a major announcement june 16th. in the meantime former texas governor rick perry is expected to announce this week. louisiana governor bobby jindal later this week and john kasich by early july. the son of vice president

biden died yesterday. he died two years after being diagnosed with cancer. he was a major in the army national guard and deployed to iraq in 2008. last month, at the yale commencement vice president biden spoke of his son. >> went on to be elected one of the youngest attorney generals in the history of the state of delaware most popular public official in my state, big headline after 2012 election biden, most popular man in delaware dash beau. as your parents will understand my dad's definition of success is when you look at your son and daughter and realize they turned out better than you. and they did. >> beau leaves behind a wife and two young children. president obama says he and his wife are grieving alongside the biden family. beau biden was 46.

we have a new contender in the democratic presidential race. former maryland governor martin o'malley enters a contest dominated so far by hillary clinton. peter doocy on how o'malley will try to compete. >> reporter: no motorcade, no problem. >> i always ride in the front seat. >> how come? >> because i like to see where i'm going. >> reporter: maryland democratic governor martin o'malley is making the round in early states meeting voters and talking to reporters. even helping them. >> they've got to get this picture. keep holding. >> reporter: governor how

quickly do you think you'll be able to pick up steam in new hampshire and iowa by being the person on the democratic side who is actually out there talking to voters and talking to the press? >> my sense is that we're already picking up steam. >> reporter: o'malley's new campaign focuses on domestic issues like marriage equality raising minimum wage expanding immigration reforms and fixing wall street. >> if the bank is too big to fail without wrecking our national economy, we need a president who is willing to break up that bank before it breaks us up. >> reporter: o'malley hasn't spoken much about his economic record as maryland's governor for eight years which featured 83 tax hikes that cost $8 billion. he has bragged about his record as baltimore mayor. even though they recently dealt with riots and the most murders in a month in 40 years, o'malley said he left it in good shape. >> that brought all of our people together to make us

healthier and in a better place for kids. >> reporter: the short version of the 52-year-old's pitch, he's the party of the progressive alternative. >> it's not a crown to be passed back and forth between you, between two royal families. >> reporter: but o'malley is refusing to really attack hillary clinton who is way ahead of him in every poll. so for now, o'malley is just trying to get his name out there. shake lots of hands and hold lots of babies. >> running against hillary clinton gets you a lot of attention and that could help o'malley rise in the polls. early state voters want politicians to earn their support. bret? >> peter, thank you. well vermont senator and self-described socialist bernie sanders is trying to offset

hillary clinton. tonight, ed henry, covering the clinton campaign looks at whether sanders is a threat. >> reporter: hillary clinton revealed today her official announcement will come on june 13th in new york city. her early strategy of small, carefully orchestrated events may have created a vacuum being filled by supporter of an unlikely victor democratic socialist senator bernie sanders. >> i wrote hillary off a long time ago. she's just like her husband. >> reporter: sanders through people to a town hall in minneapolis and then at a brewery in the key state of iowa a crowd was piled up outside trying to see sanders. >> what people are saying is enough is enough. the billionaire class cannot have it all. >> reporter: in fact sanders has little chance of winning the democratic nomination after recently declaring he's okay with raising the top marginal

tax rate for the rich to 90%. although sanders could open the door for another democrat like senator elizabeth warren to give the race another look. after a new bloomberg poll found sanders has now risen to 16% among likely democratic caucusgoerscaucus caucus goers. the front-runner is at 57% and republicans hope pressure from sanders will keep moving clinton to the left and further soften her up for the general election. >> hillary clinton has demonstrated over and over again that she is not transparent, her leadership as secretary of state has placed us in grave danger around the world. these are entirely legitimate questions. >> reporter: sanders is dealing with questions about a 1972 essay he wrote for an alternative newspaper that included passages about a rape fantasy. >> if you read it what it was dealing with agenda stereotypes, why some men like to oppress

women, why other women like to be submissive. something like "50 shades of grey." very poorly written 43 years ago. >> clinton's announcement will be at the fdr for freedom park since the focus of the state of the union though "the washington post" noted more symbolism, one of the most inaccessible parts of new york. blet bret? >> ed, thank you. >> go to facebook.com/bretbaiersr? what's in a name? that's next on "special report."

and now some fresh pickings from the political grapevine. more problems for capitol police. a congressional intern brought an unloaded gun into a house building this morning. a person waiting in the security line behind the intern revealed a worrying tid bit. he quickly grabs his bag from the belt of the x-ray machine and walked to the elevator before being stopped by the officer. capitol police say the delay was intentional so the bag could be connected with the owner.

25-year-old joshua wheeler, who works for lynn jenkins, cooperated with police and is now charged with carrying a pistol without a license. less than a month ago, reports surfaced that multiple guns had been left in bathrooms by capitol police officers so far this year including one found by an 8 or 9-year-old child. a west virginia teacher was threatened with a fine for trying to encourage her students to do well. the teacher rewarded achievement with pieces of candy. federal school nutrition rules prohibit such motivational tactics. a violation could result in loss of federal money for the school and the county. the williamson daily news reports defiant parents passed the hat around to help pay any subsequent fine. in the end, it was decided the teacher was not attempting to deliberately violate state policy so no fine was issued. the school is required to create what is called a corrective action plan. finally, god is now legal.

has a decent credit rating and can get a loan. a new york man named god gozaroth has settled a lawsuit with the credit ratings. they refused to rec fizognize his name as legitimate. the russian native says his name is relatively common in his homeland and he's named after his grandfather. supreme court justices issued a first of its kind ruling today involving something that didn't even exist 12 years ago but is now a huge part of tens of millions of people's lives. correspondent shannon bream is here with the specifics. >> the supreme court issued the first opinion involving the world of social media today, finding that violent facebook rants do not equate to threats. he posted words like this "i'm not going to rest until your body is a mess soaked in blood

and dying." elonis was convicted and sentenced to jail but he was an inspiring rapper venting his frustrations by posting lyrics online including lines about slitting a throat of a probation officer who visited his home. >> instead, the supreme court said you really need to focus on what was going on in the defendant's mind what he knew what he intended and they sent the case back to the lower court to figure out what the precise standard will be. >> also today, a case involving retail giant abercrombie & fitch. a store chose not to hire her because the head scarf that she wore did not match with their

style. "an employer may not make an applicant's religious practice confirmed or otherwise, a factor in employment decisions." of course we're still waiting landmark decisions from the justices. whether there is a constitutional right to same-sex marriage and whether subsidies the irs extended to millions of americans in an effort to make their mandatory health insurance more affordable will stay in place. the law says the subsidies will be awarded and set up their own ex changes but more than 35 of them chose not to. those decisions are due by the end of this month. bret? >> two huge cases. shannon, thank you. airbag maker takata will no longer use ammonia nitrate which was linked to six deaths and spiked a massive recall. the discovery of a root cause for the deadly defect is not imminent. safety or privacy, security or freedom? finding a balance.

the debate tonight on capitol hill over the patriot act. we'll hash it all out with the panel when we come back.

unanimous consent that at 6:00 p.m. today, the senate vote on the pending cloture vote the u.s. freedom act. >> is there objection? >> i think the bill could be made much better with amendments and if we can come to an arrangement to allow amendments to be voted on i'd be happy to allow my consent but at this point i object. >> because of that objection today, the cloture vote was moved and it will happen tomorrow morning for usa freedom act this is the bill passed by the house that would patch some of the things that expired. sunday at midnight, that includes the roving wiretap authority and the lone wolf provision to allow tracking those believed to be plotting

attacks of their own as well an adjustment to the phone records collection. this is what rand paul senator from kentucky said to breitbart. "i think this is a big rebuke for the president. the courts told him it was illegal and he just kept doing it anyway. i think most americans, particularly republicans, don't trust this president. i don't understand why some of the big government republicans up here don't get it because most republicans i meet across the country don't want the president to have access to all of their phone records." with that, let's bring in our panelist juan williams and charles krauthammer. there's a torrential downpour outside and so i don't think the nationals are going to make it. >> no. and the way they've been playing, that's okay. >> what do you think about this

new vote tomorrow the cloture vote on the usa freedom act? >> as for specifics, i think it's a very narrow issue. the information is still going to be collected. it's just not going to be the government that is going to hold it. it's just going to be private companies. is that a great triumph for civil liberties? we know that facebook and others have used private information inside that is given to facebook in ways that are not very much appreciated and i'm not sure i feel any more private and security with that. nonetheless, if that's the compromise that makes people feel better that's okay. if democrats will sign on as they have and that works fine. look the patriot act is not written in stone. it was a reaction to 9/11. we didn't quite know how to react so we put down some rules. i think it's a good thing that it expires once in a while so we have to debate it and it will be a permanent readjustment over time every couple of years.

we weigh it against the nature of the threat and the nature of the intrusiveness of the government. so this is all okay. we're going to lose a few days of information. that's not the end of the world. >> i mean hyperbole on both sides of the issue, juan. both sides concede that. what about what rand paul says between the established republicans and -- >> it was very curious to me because it's house republicans. house republicans who are oftentimes more conservative than their senate brother who had pushed this to the point where they proved the so-called freedom act, whereas charles just described for you, allows information to be gathered from the telecom companies but then the government would have to get a warrant to access the data. that's the big divide here. it's not very large. i think that what you're seeing from senator paul will basically be brought down to a stunt brek and it was a political stunt and

a lot of people are saying it was about his presidential campaign. that's what his fellow from kentucky senate majority leader has to say about it. they don't see this has changing much of what is now almost a certain outcome, which is that the senate will eventually go along with the freedom act because, guess what it's conservative even tea party republicans, who hold these feelings. so i don't know who he's talking about. >> george? >> well a lot of the republicans after they listened to rand paul are as excited as rand paul says they are. but that's partly because he i think, has helped some confusion in the public mind about two prepositions. he's quite right to say that people do not trust this president. he's quite right to say that this debate takes place in the long shadow casted by lois lois lerner the irs has been

corrupted under this administration and has wielded power to punish public enemies. all that said events have overtaken rand paul. he did not anticipate that this debate would take place in be a atmosphere condition by people beheading one another in the middle east. >> i will say that a lot of vow viewers have weighed in saying they want to control people through fear and we have reached that point, they have said. here's rand paul on the senate floor yesterday and then on fox today. >> people here in town think i'm making a huge mistake. some of them i think, secretly want there to be an attack on the united states so they can blame it on me. >> i think sometimes in the heat of battle hyperbole can be a problem and that may be the problem there. i think people use fear to try

to get us to give up our liberty. >> so are you standing by that or not? i'm trying to nail that down. >> i think by calling that hyperbole, that may have helped the case. >> does he help the case or hurt it in the gop nomination battle? >> i think he's just extentuated his position. he did not make up the issue. he believes this. i think this is not the resolution of this. it's not going to make any difference i think, in the safety of the country or in the privacy of the citizenry. but this is a cause he believes in and he does it in a hyperbole. what gets me is when he impunes the motives of others and say that people want to see attacks so embarrassing. this is not about him. it's an issue that we have grappled with long before he came along which is how you

balance privacy with civil rights and always arrive at i am perfect solutions. >> the federal courts have said that the patriot act as it stands is illegal. it's not only that. the head of the committee has said you know the congress even after 9/11 and in the immediate aftermath when the country was shellshocked never intended there would be this mass collection of data. remember we've had high-ranking officials have to turn back and say, oh yeah we meant to tell you, we collected this data. >> collected is the big example. >> that's what i'm talking about. >> and then you've got edward snowden and i don't care if you consider him a traitor or a hero the fact is he's changed this whole discussion for us. >> i want to turn to this other element and obviously senator paul has been critical of the tsa as well that this new test is really quite something. the red team test, mock weapons and exclusivesplosives made it through

67 out of 70 airports 95% of the time. fake bomb not detected by a patdown even after it was set off by a magnetometer. george? >> i think they wanted to catch box cutters and other things that could cause terrible carnage on an airplane. but it also is a security theater. they wanted the american people to feel secure so they would keep flying and the economy would keep humming. all of these devices are extremely fallible. my wife now has two metal knees and a metal hip. she has more metal in her than an average machine gun. she goes to a national park which has put up metal detectors and she goes right through. i question these security systems. >> the numbers in these reports

never look good out of context. but they are critical element in the command evolution of our aviation security upon learning the initial findings secretary jey johnson implemented a series of actions of which are now in place after the issues were raised in the report. charles, never looked good out of context? 95%. >> that's one of the more hilarious excuses. it gives the impression that it's not a safe way to travel. look, when -- everybody understands that 95% of the tsa activity is a farce. everybody in the line looks at little kids being inspected and know it's a waste. that i think, is worse than the failure rate you expect a high failure rate. but everybody is participating in a charade for one reason we want to show that we are

politically correct. if you narrowed it down to those people who are likely to be carrying an explosive, you would have an infinitely more effective system. >> what was your column, "don't touch my junk"? >> yes. >> okay. we'll leave it there. i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call now and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans it could save you in out-of-pocket medical costs. call now to request your free decision guide. i've been with my doctor for 12 years. now i know i'll be able to stick with him.

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we'll talk about it. the way you win elections, katie, is by raising issues that

the american people think make sense. and we are doing that. we will be outspent but i think we have a good chance to win this thing. >> i don't know what the whispering was about. eventually bernie sanders, democratic presidential candidate now independent senator getting a lot of crowds on the trail. . >> well, he's fun in the sense that he's an independent and socialist. in no meaningful sense and being a socialist, i don't know what he means about that.

the production distribution and now it's a social democracy and what he meant by socialism, and he meant social democracy in europe. so i guess we should think greece is what he has in mind for the united states. it means heavy regulation of commerce. we've got that in this country. it means a social safety net. 66% of our federal budget is entitlement programs. that means redisredistribution of wealth. our federal government does very little else other than redistribute money. >> he is dealing with a controversy, the essay he rate in 1972 about passages about a rape fantasy he has been asked about. what about bernie sanders, the

candidate and where he stands? >> i think what you are seeing is that the ways of the democratic party is excited by bernie sanders. why? because he comes out and he says things but he thinks that we should have 90% tax rate in some cases, on the very rich in this country. you like that? >> i didn't like it. neither did kennedy. >> you say you don't know what difference is. the real difference is 90%. 50 is eyesen hour type thing. unlike martin o'malley the former maryland governor bernie sanders says directly break up the banks. stop this. the rich are getting richer. he speaks with a passion that is not heard right now from the democratic base. >> he also has pointed to hillary clinton saying he didn't make a decision on trade. on tpp. i have. i'm against it.

so is elizabeth warren. how far do candidates go against hillary clinton, is really the question. >> he is not running for the presidency. he knows he won't win the presidency. even though he whispers he is running for presidency. kim kardashian has a bet are shot at winning the presidency than bernie sanders. we have never had a socialist run. seriously, we will never have one. norman thomas ran six times. best he ever did was 2% of the vote. bernie won't get 2%. >> so why is hillary clinton making a jog to the left? >> that's question -- i mean it seems to me that it tells you that she is so uncertain about her own position even with no position he is running left. it tells you either that she believes this stuff, which i think is implausible or that she wants to secure the nomination easily and without any -- >> quickly, the party wants her to run that's what you are

seeing. >> that's it for this panel. stay tuned. one of the things

finally tonight, as the gop widens almost by the day, my staff noticed this all seem to agree on one thing. in fact they are all campaigning for it, summer. >> i know in speaking with you all this morning that you all are sick of the snow. >> too cold. >> today is the day we gun to fight back.

>> june 1st. >> we have to continue to promote this summer. >> the best days of america. >> everything under the sun. >> summer vacation. >> vacationing white sand beaches. >>on >> lemonade stand. >> play volley ball. >> fishing hole. >> over fourth of july weekend. >> celebrate fourth of july. >> community fireworks displays. >> weddings. >> everybody takes off their jackets and sweaters. >> time for public to stand up and unite as a party. >> for summer, that's good. that's it for this report. fair balanced and unafraid, greta goes on the record right now. thank you very much. >> it is tuesday june 2nd. a fox news alert. scathing security failures at the country's busiest airports. fake bombs and weapons slipping

through security. the action being taken to keep us safe. >> thousands of u.s. humvees and ramping up recruitment while president obama says this about our place in the world. >> today once again the united states is the most respected country on earth. >> we are live with the fallout as world leaders are signaling our foreign policy is failing. >> from the cover of the wheat tee's box to the cover of vanity fair good-bye to bruce jenner and hello to katelyn. behind the scenes of the big photo shoot. "fox & friends first" starts right now. >> good morning. you are watching "fox & friends first" on this tuesday. i am ainsley earhardt. >> i am heather childers. thank you for starting your day with us. let's get to the fox news alert for you. a bombshell investigation revealing huge failures at our country's biggest airports.

under cover agentsable to smuggle weapons and fake explosives through security checkpoints in 96 percent of the tests around the country. jackie ibanez is here with the department of homeland security's reaction to all of this. >> shocking isn't it? this troubling new report finding an under cover team posing as passengers trying to ban get banned items through at 67 percent of the tests. they were challenging pushing the boundaries of the screening systems set up after 9-11 to prevent weapons from getting on planes. an agent was stopped after setting off a body screener. but it failed to detect the explosive device taped to his back. they are taking immediate reaction. melvin care away he took over as acti