clinic hotline kept repeating itself and all he wanted was to find out the hours. but sometimes there's good news i guess. samantha says comcast killed a huge wasp nest in her cable box and she didn't have to wait or even pay for. that is good news. thanks so much for being part of the real story today. i'm gretchen carlson. let's head over to shep. >> it's not just the nsa that collects intelligence on americans. we just learned that the fbi has ilths its own fleet of surveillance planes that are flying over us all the time. dozens and dozens of planes registered -- they're not a secret, so they're just registered under the government right? no. they're registered under fake companies. according to an associated press investigation, government you're awesome. you're doing a fine job up there. has to be some sort of misunderstanding right? turns out the fed admit it and they're not even trying to keep it a secret though on that point they are clearly lying.

plus terrorism investigators say they are approaching a suspect at a drugstore in boston when the guy came at them with a big knife and that is when the shooting started. there's much more on this story. it's new and developing. and we'll have it for you. and the islamic state terrorists have taken over towns and cities. they've beaten back iraqi forces and taken weapons that we have given them. but don't worry. the strategy in iraq makes perfect sense. those words from our own defense secretary, ash carter. seem right to you? let's get right to it. >> now, "shepard smith reporting," live from the fox news desk. >> to kick things off today, the fox urgent is the senate is right now voting on whether to restore some of the government's controversial surveillance programs. it could take a while as lawmakers vote on several amendments to m bill. but one thing that's for certain, the days of the fed storing our phone records, i

don't know maybe are an end. while lawmakers vote on several amendments to that bill. one thing, the days of the storing, it appears they're coming to an end. let's move forward, please. a live look at the senate floor. the bill that the senate is taking up would end the government's practice of sweeping up all americans' call logs. but it would be exactly the same thing because the phone companies would do it and the nsa would still be there and they would still have access to it and those fake courts they call the fisa courts those would still make all the decisions. so they'd still be all up in your business and the white house and your republican leadership on the hill are now in lock-step on a matter that destroys your freedoms. according to the reporting of our own judge andrew napolitano and we'll get into the details of it. the feds could search them with a court order. again, the court is from the fisa courts which are not real or constitutional courts according to judge andrew napolitano. moving forward, please. it's a win for privacy

advocates, sort of. it isn't a win for privacy advocates because there is no privacy in this matter. and critics including the republican senator and presidential candidate rand paul insist it does not do nearly enough to stop government snooping. on the other side some senators argue that the bill goes too far in limiting the government's spying powers. wow. they say it could even put the country at risk. again, it's worth noting those sufshlts v surveillance programs have never stopped a single specific terrorist attack and according to the department of justice itself have never aided in the prosecution of a single terror investigation. meantime the white house is blaming the back and forth on "partisan dysfunction." the press secretary josh earnest called senator rand paul's protest a "campaign tactic" that's not in the country's best interest. josh earnest will join us in just a moment. he has not been made the cabinet secretary as far as i know. but first, let's get to mike emmanuel who's on fox top story live on capitol hill.

i kept reading things here in the script that weren't true. because this says that they'll no longer be able to sweep our stuff up mike. but they will. they'll just have to do it from a remote location. and this says that it protects our privacy, which it does not. it still goes through a fake court called the fisa court, which isn't a real court by anybody's standard. what's happening up there? >> a different system shep. but some similar activities. this hour the senate is holding a series of votes. some top senators believe there should be adjustments or improvements to the house usa freedom act, for example, allowing enough time to make sure the telecom companies storing that phone data instead of the government will actually work. but there may be some risks with that. here's the senate majority leader just a few moments ago. >> 60% of the americans are in favor of the bulk data collection program. so i think congress is misreading the public mood if they think that americans are

concerned about the privacy amplifications of this. let me repeat. as other speakers have said repeatedly nobody's listening to your phone calls. >> mcconnell's among those who wants to tweak the house bill. top senate democrats say their gop counterparts should just accept the usa freedom act bill which earned 338 votes in the house. >> now rather than taking his chips and going home senator mcconnell's choosing to double down with our nation's security at risk. he is gambling with our national security. it's time for him to fold. >> house democratic whip steny hoyer's warning changes to the bill with these amendments could doom the bill back in the house. a leading house republican offered this advice. >> we know inside the senate they'll be bringing up this bill today. my advice is to take this bill and pass it and send it to the president to keep america safe. >> the bill should easily pass. the question is whether there will be enough support for changes.

shep? >> mike emanuel in our washington newsroom. mike thanks. let's get to the white house now. josh earnest has been good enough to join us. white house press secretary who spoke on these matters earlier today. josh, good to see you. thanks. good afternoon, shep. how are you? >> i'm good. how does the president and how do you feel about being in lock-step with the bush administration and the leadership in the house and senate and the republicans? >> shep what the president has supported for more than a year and a half are important reforms to these programs that would put in place civil likts protections for the american people. >> what civil liberties protections? >> the president believes that the usa freedom act strikes the right balance. civil liberties protections while at the same time ensuring that our law enforcement professionals have exactly the tools that they need that they say are important to keep the country safe. >> our chief judicial analyst judge andrew napolitano says there is no difference there's a semantic difference. the records are now being held by the phone companies but of course the nsa would have computers. the nsa would have access. the nsa would have no real court oversight. they'd be able to do exactly

what they want to do whenever they want to whether anyone is suspected of anything or not. why is it okay from the perspective of our constitutional expert president for the rights of the people to be trampled in this way according to judge andrew napolitano? >> well shep obviously the administration strongly disagrees with what mr. napolitano had to say. the fact of the matter is 338 democrats and republicans in the house of representatives also disagree with what he has to say. they believe that by putting in place these civil liberties protections that would ensure that the federal government is no longer using these authorities to collect and hold bulk data does contribute to our privacy while at the same time it would allow our national security professionals with a legitimate court order to search those records to try to conduct terror investigations. >> you said a legitimate court order. and of course on that you mean the fisa courts. the fisa courts were created by the bush administration and are again, according to judge that napolitano napolitano who's no left-wing

nut, not legitimate courts. and they're not legitimate courts by any standards he says for the following reasons. the fisa court has nobody standing up against it from the nsa. it's the nsa versus nobody. the fisa courts are not required to keep records of mission they do. and the fisa courts have had 34,000 requests for yeah it's okay to go spy on people and 12 times out of 34,000 the fisa courts have said no. judge napolitano argues and if you read the constitution it appears he's right that they're illegitimate, they've never passed constitutional muster. >> well shep obviously we don't agree with that, and 338 democrats in the house of representatives, 338 democrats and republicans in the house of representatives don't agree with that. the fact is the president, though has proposed some reforms related to the fisa court. the president did advocate as mr.a apparently mr. napolitano did that he believes we should set up a system so there could

be a public advocate that's included in part of that process. he's argue against the nsa in front of the fisa court. but the fisa court judges are judges and these are independent individuals who make a judgment about whether or not the federal government is making the case and has a legal justification to make the case and to get the authorities that they are seeking in front of the court. this is what the president believes is important to protecting our constitutional authorities. is making sure that there is legitimate legislative oversight of these programs. obviously the intel community -- or intel committees are briefed on these programs. it's important for us to have judicial oversight so a third branch of government who's independently assessing that the federal government has the authority to do what it it's going to do. there are also independent voices inside the executive branch that are providing oversight over these programs. these are the kinds of protection that's are in place to ensure that the civil liberties of the american people are not violated while at the same time our national security professionals can capitalize on technology and use information to conduct investigations and ultimately protect the american people. >> yet this is still a dragnet.

because what you're doing is you're collecting all of these records from -- maybe there are some people out there who are suspected of something. but the vast majority by the admission of the justice department have never been suspected of anything. you're gathering up all of these records despite the fact that the fourth amendment of the constitution says no warrant shall be issued except upon probable cause. supported by oath of affirmation. and particularly describing the place to be searched and the persons or things to be seized. in other words, if you aren't suspected of something, the government can't do what the president is now advocating according to judge napolitano. and the president surely knows of this fourth amendment that says you can't just gather up willy-nilly information on people who aren't suspected of doing anything wrong, josh. >> that's correct, shep. and the president does not believe that we should be collecting information willy-nilly against people. that's why we have the fisa court in place. that's why we have specific authorities and oversight from the congress. and that's why we have independent inspectors general

here in the executive branch who stand independent from these national security professionals to make sure that they are following the rules. but the fact of the matter, shep is that our national security professionals who are responsible for keeping the country safe say these authorities when properly used are effective as they do their job of keeping the country safe. >> i don't think anybody's arguing they're not effective. i think what they're arguing is in some cases, particularly that of our resident judge in sitting, that when you go gather these things up against the constitution you may be making people safer but you're taking away the very freedoms which the constitution guarantees. and this soaking up of all the data and saving it is something that the constitution says you can't do. and i just wonder since the president used to say the same thing before being elected president, what has changed? does he know something -- i'm sure he knows a few things by now that we don't know. but this fisa court business you can lean on that as long as you want but someday history will say fisa court is not real

and fisa court was not legitimate. >> well shep, there are a couple of things in there. that's one important reform that's included in tlej slaigs you've glossed over. the fact is if we're able to succeed in passing the usa freedom act that has strong bipartisan support in the house it would include reforms proposed by the president that would put the federal government out of the business of using those authorities to collect bulk data. this is information that is already collected by the telecommunications companies. this is the information that shows up on your phone bill every month, shep. this isn't information they already collect. so what the legislation would give the federal government the authority to do with a judge's warrant, with a court order, would allow the federal government to with a legitimate reason go and search that information that's being held by the telecommunications companies. that is an important reform. that will protect our civil liberties. and that's something the president advocated for a year and a half ago. finally, we're seeing the congress take action on it. the other thing, shep that the president was also honest about when he was running for president in 2008 the president at that point did advocate for the renewal of the patriot act.

he did raise some concerns. he did say that he wanted to ultimately put in place some reform to the program, but this is the president's consistent view, that with proper judicial legislative and even independent executive branch oversight, these authorities are critically important to our national security. >> so that people know the government is not holding them. the telecommunications companies are not holding them. the nsa's computers go directly into there. and this court oversight, this judge's order you mentioned and went back and said a court order, is from the fisa court, which has had 34,000 requests and denied 12 of them. 34,000 versus 12 which has no oversight, which has no adversary to the nsa, which is not required to keep records, and according to judge napolitano is unconstitutional and has never been challenged. so it's easy to say yes, we want to be safer. yes, we want to be safer, and of course we do but there are lines that people need to think about. and when you say that rand paul is just doing this for political

reasons, if you're going to make that observation isn't it fair to make the observation that he's had this stance from the very beginning, that this isn't something new for that particular senator? >> well, shep, the thing about it is this that what senator paul has done is he's blocked a piece of legislation that actually advances some of the reforms he has previously said that he supports. so the fact is that these are important reforms that are included in these programs and one of them is actually adding greater transparency to the fisa courts that one of the legitimate criticisms i've heard of the fisa courts is too much of the business they do is conducted in secret. now, some of that is necessary because we're obviously talking about classified secret investigation that's are sensitive to national security but if there are opportunities for us to make those proceedings more transparent we should take advantage of that. and that's exactly what's included in our usa freedom act. proposal that's would make those findings more transparent. some republicans oppose that but

the president is aggress grefsly advocate forget for that in the context of the usa freedom act. >> i know you've got to go josh. really appreciate it. thanks for stopping pi by. >> good to talk to you. as lawmakers are debating the gofrs's use of surveillance to track terror suspects there's this out of boston. break today, police say an officer and an fbi agent shot and killed a man after he pulled a large military knife on them. multiple news outlets are reporting the guy may have had a connection to the islamic state. fox news cannot confirm that. we're telling you what others are reporting. and information is still coming in. officials say this particular man had been under surveillance by the fed's joint terrorism task force for some time but so far they have not said why they were watching him. police say it all went down at about 7:00 this morning eastern time in the roslyndale neighborhood of boston itself. they say the officer and an fbi agent approached this man at a cvs health store, parking lot

there and asked him to answer some questions and that's when they is i instead of answering questions he pulled out a large black knife and lunged at them. it is not clear to us who fired the fatal shot. on the wall today our affiliate station fox boston reports that we have a picture of the knife, and there it is. the 2 there is an evidence marker from the police. and i presume there's a knife in there somewhere. there it is right next to that 2. police describe that's a military style knife. i wouldn't categorize it because i haven't seen it. as for the suspect, law enforcement source tells us his name is usama raheem. right now we don't have a picture of him. police say he was in his mid 20s before they shot and killed him and that the feds had been watching him. so far the feds have not said why they were watching him. in the last half hour our fox station in boston reports investigators on scene in the town of everett, massachusetts about six miles north of boston. the station reports it could be connected to the shooting. we'll give you updates as we get them. i was told a news conference is under way. i guess that isn't true.

the irs is still using some computer software that dates back to the kennedy administration. so perhaps it is no wonder that criminals manage to steal personal information from more than 100,000 taxpayers. now the irs is talking. we'll have that coming right up. ♪ beautiful on the tongue, delightful to the bite easy on the conscience. who said, breakfast has to wait until morning? kellogg's®. see you at breakfast, tonight.™ ♪ and enjoy a free one day dvd rental when you buy any specially marked kellogg's box. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do, drive three-quarters of a car? now if you had a liberty mutual new car replacement, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. new car replacement

is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance.

there are some things you just count on like clean drinking water. but today, one in three americans can't be sure their drinking water is safe from pollution. the clean water rule wll protect the streams and wetlands that feed into the drinking water supplies of 117 million americans. tell congress: support the clean water rule. we deserve to know that all our children's drinking water is safe. the irs now admits some of the agency's computer systems are half a century old. last week the irs revealed criminals stole the personal information of 100,000 taxpayers

from an irs website, making off with millions of dollars. the fox business network's gerri willis is here with us now. a half a century old. >> that just raises questions. if it was around when jfk was around whatit? petris? what were they doing? >> i have no idea. and i don't eet. that's what the irs commissioner john koskinen has. he also says the problems they've had with 1 hurn,000 people having their information stole frent irs website is due to the fact they had their budget cut. here are the numbers. 2010 they had a $21.15 billion budget. now it's 10.9 billion. he's been asking for 82 million to buy some software upgrades et cetera. but what we know about that is they've been using microsoft xp for 14 years, as long as the software has been around. six years ago microsoft said we're not going to support this anymore, it's going away it's eol, end of life. that happened. they're not getting security patches. they're not getting upgrades and they're still using the software. >> they're getting what they deserve if they're still using

windows xp. >> good point. >> windows xp? >> yes, sir. vista came out since then. windows 7, windows 8. >> and now there's this new one tid. i think i hate them. what do they expect? if we used windows xp around here we wouldn't know what the heck was going on. that's crazy. >> i agree. >> whatever. just have them steal more of our money. >> the russians have a big arm right in the house. >> they love their children too. jeri thank you. >> you're most welcome. >> talk to you later. there's good news here with an exclamation point. our strategy against the islamic state in iraq makes "perfect sense." who would say such a sningthing? who would say this makes perfect sense? the defense secretary, ash carter. that's who. if i buy a car through usaa, i know i'm getting a fair price.

i was like, wow, if i could save this much, then i could maybe upgrade a little bit. we realized, okay, this not only could be convenient we could save a lot of money. usaa car buying service. powered by truecar. save money zero hassle.

they've captured city after city and u.s. air strikes have failed to stop them but overall america's strategy in iraq "makes sense." that's according to none other than the u.s. defense secretary ash carter in an interview with the bbc. here's what he said about the strategy and iraq's prime minister. listen. >> the execution of the strategy is challenging. prime minister abadi is trying to do all the right things but he is trying to hold together a country in which there are shiites, shun niz, and kurds with historical animosities. >> secretary carter says despite those animosities only the iraqis can defeat isis once and for all. but so far that has not happened. according to one report iraqi commanders ordered their soldiers to "let isis capture the key city of ramadi without telling the prime minister."

it is the latest case of iraqi forces deciding to run rather than put up a fight. more over here. the strategy is working? the execution might not be working but the strategy? >> the iraqis keep running. >> it's not working. >> a huge problem with that is they consistently leave behind u.s. weapons for the islamic state forces. during the during the battle for ramadi pentagon officials say they left behind about a half dozen u.s. tanks a similar number of artillery pieces plus armored personnel carriers and 100 humvees. that's nothing. during the battle for mosul last year -- >> listen to np zblurgthis. >> iraq's prime minister 50d mitts his forces left behind 2,000 humvees. mosul is now the islamic state's de facto capital city in iraq. we've seen images like this afrom across the country, islamic state fighters parading around on humvees, plastering their flag on the side calling them their own. here's the image from baji the

home of iraq's largest oil facility. you can see these isis fighters are very proud to be able to parade around in these u.s. humvees. >> sure. >> then there are the artillery pieces. kurdish forces here are trailing one along in iraq. they've managed to hold on to their u.s. weapons. but the isis fighters reportedly have dozens of these and they also have smaller u.s. arms including m-16s. those are apparently reserved for the more elite islamic state fighters with rank-and-file guys like, this they're stuck with soviet ak-47s. >> all right. well that's great news john. thank you. >> the white house just last week said the iraqi people and only the iraqi people will be responsible for security in the situation in iraq. the defense secretary ash carter has said that he's looking for better ways to train and equip the iraqi forces. iraq's prime minister today met with representatives from the united states and other allies in paris to discuss his strategy. he said that the fight against isis will continue. ambassador skip geneen is a

former assistant secretary of defense and deputy assistant secretary of state as well. right now he's director of middle east policy forum at george washington university. sir, good afternoon and thanks for being here. >> good afternoon, shep. >> the strategy makes sense. i heard it from the defense secretary. so it must be true. >> well i don't think we're idiots. if you look at what's happened it's clearly the opposite. it's not working. >> but he says the strategy makes sense. the strategy is for us to fly around and support troops on the ground who have proved over and over and over again that they will not fight. that's iraq. and in syria to support this moderate syrian ground forces who simply do not exist. they are but a figment of the imagination. and yet they prattle on like baghdad bob. >> i agree with you. and if the president's serious about what he said in stopping

the daeesh islamic state group he's going to have to change some things and do things that require more u.s. military presence. >> if by that i mean forces on the ground. isis has been very specific that's exactly what they want. if the iraqis are not willing to fight this on their own, if they're not willing to stand up and defend themselves why should we bother? it would be a disaster. >> if the islamic state actually could take over the state of iraq. with the areas it touches, it would be a disaster. i'm not calling for a massive deployment of u.s. military, but i am suggesting that the president might utilize special forces. look these are force that's are fighting this kind of environment. but they're also forces with lots of experience in working with other countries' military. i believe myself that there is a will to fight but there is a great, great problem in iraq with leadership in the military. and i think that a u.s. presence a little bit stronger presence would give some

confidence to some of those iraqi force that's we need in the field, in the battlefield. >> ambassador the evidence is that they are willing to fight but not for a country that they don't believe in. that country was made up by colonial forces years and years ago. iraq is not their thing. clearly sunnis will fight on some level for sunnis. shia will fight on some level for shia. kurds will fight on some level for kurds. but that's it. nobody has shown any willingness to fight for iraq except us. >> well you're touching on a big, big problem. and i would fault the government in baghdad severely. for years now of failing to incorporate the sunni minority into the regime. and that's still a possibility, but it's going to take a huge effort. and here again, i think this is one place where the united states might be able to facilitate a rapprochement to bring some more of those sunni tribes into the military on the side of the baghdad government. i think we could do that. >> ambassador skip gnehm, hope

something works out. so good to falk to you. thank you. >> thank you. >> when you get a chance later today, go outside and wave to the fbi. we've now learned that the feds have been flying spy planes over american cities for years. and here is more of their hypocrisy. the feds say the spy planes are not a secret right? so if they're not a secret why are they listed under fake companies? a dozen r&r moreor more fake companies. they're not we're the fbi planes that fly around and do nothing nefarious. no they make up fake companies. i just got word from mike emanuel on capitol hill. he said heads up chuck grassley wants details on fbi's aerial surveillance programs. i bet he does. bet a lot of people would like information on why the fbi's flying planes up there. hang on.

if you see a fish swimming in the street don't eat it. that's a warning from health officials in new jersey. heavy rains in newark forced a river to overflow into the streets yesterday. officials say it's not clear how the fish are affected by elements outside their natural domain. but newark if you see a fish, don't eat it. carpenters and even piano tuners... were just as simple?

thanks to angie's list now it is. start shopping online... ...from a list of top rated providers. visit angieslist.com today. when i started at the shelter, no one wanted benny. so i adopted him. he's older so he needs my help all day. when my back pain flared up i was afraid i would have to give him away. i took tylenol at first but i had to take 6 pills to get through the day. then my friend said, "try aleve." just 2 pills, all day. and now, i'm back for my best bud! aleve. all day strong. and try aleve pm now with an easy open cap.

in keeping with today's theme of government overreach,

the fbi has its own fleet of spy planes which looks like regular old planes up there, cessnas and stuff. officials have been flying them for decades over american cities without any kind of judges' approval at all. and they've been covering it up from the public using fake companies. bombshell of a discovery from the associated press. on our wall over here today, a picture of one of those low-flying planes. would you look at that thing? looks so normal. what's that camera on the bottom there for? hmm. notice the antenna underneath the plane? what about that white basketball-looking thing? the a.p. reports that is a camera. sure looks like the kind we have on our fox choppers. sky foxers have those. analysts say it can record high-quality video from long distances, even at night. some planes reportedly have the ability to pick up cell phone data even when people are not using their cell phones. according to the associated press, the feds flew above more than 30 cities in about a

month's time. we're talking boston houston, seattle, coast-to-coast surveillance. but the feds claim they are not doing anything wrong. and i quote, "the fbi orb the fbi's aviation program is not secret. specific aircraft and their capabilities are protected for operational security purposes. fbi routinely uses aviation assets in support of predicated investigations targeting specific individuals.re not equipped designed or used for bulk collection activities or mass surveillance." in other words, we go after the bad guys only we follow the law and we're not hiding it. that's not true. the a.p. reports it linked the surveillance planes to 13 fake companies. if you're not hiding it why are they fake companies? leah gabriel with more in the newsroom. >> hi shep. in full disclosure i have to admit that in my past i worked for a client and i did do surveillance.

and i will say this, shep, ti did did not wear a hat that said cia or t-shirt that said fbi when i was doing it. a former fbi agent i spoke with told me this program is often used in terror investigations also in investigations where foreigners are here trying to spy on the u.s. he says it's a great program which has sifshdaved fbi agents' lives and helped them recover kidnap victims. these graphics show what two of these flights look like one over braurmt during recent unrest and the other shows a flight last month over washington national airport. the a.p. says a media report on the baltimore flight is what spurred their investigation into these planes. now, that's what led them to these aircraft ownership registrations. and uncovering those fake companies. according to the a.p. the fbi asked them not to reveal the fake companies' names. here's what the former fbi agent i spoke with said about the a.p.'s decision to do it anyway. >> i think it's a shame that the reporters found it necessary to go into the undercover businesses that support it. i don't think that was necessary. they want to talk about what it

does and where it's used and its capabilities that's fine but i think they went a little too far here and now the fbi's going to have to redo the whole undercover operation. that's expensive and it's timecoming. they should be doing other things. >> but fox news senior judicial analyst judge andrew napolitano says he believes the number of flights over the number of cities in the short period of time is a dragnet and he says those are unconstitutional. >> it is hard to believe that the fbi would use an airplane and its expense and its expansiveness on a specific case unless this case involved thousands of defendants. and if it were a case of that magnitude we would know of it. >> according to the fbi the surveillance flights do comply with agency rules and those rules limit the types of equipment the fbi can use along with the reasons for and duration of the flights. >> again, rules. but how about constitution? let's bring in heather hanson. she's a criminal defense attorney.

they're not a secret. yet they're flown under secret names and fake names. they're fine. and yet they have -- the government has dropped cases so we don't find out about it. they ask the associated press not to report anything they reported. they used stingrays which gather up all kinds of cell phone information. they're gathering up cell phone information. they admits that. yet everything is fine. >> there's two issues here. one is the video. and one is the cell phone information. the videos the supreme court has already said that if it's something you could see if you just happened to be flying over someone's house, then that's going to be admissible. the supreme court said that back in the 1980s. here, though, you've got new technology going on shep. you don't know -- they said they can see at night. they said they can see with these high-tech cameras. if those cameras are seeing things that the naked eye could not see, arguably the supreme court has not said that that's protected. you move on to the cell phone technology and judge napolitano talked about this earlier. it's the difference between fishing with a hook and fishing with a net. you're ficking with a hook for one fish that's fine. you know the fissure targeting.

that's targeted surveillance. when you're fishing with a net you're getting all of the fish and then you've got to throw it back and if they're not throwing back the information they're getting with the surveillance if they're keeping it then it's violating the fourth amendment. and i believe our supreme court would agree with that. >> exactly the same thing as the nsa. exactly the same thing. i'm confident it helps us to be safer. but there's a net. and you can't gather up everything because, colon, america and constitution. if you want to change the constitution have at it. but right now this is in violation. i mean, the stingray matter of it all, explain to viewers what that is. >> stingray originally the information we had about them back in the fall was they were like cell phone towers. but they would catch your information, where you were and sometimes even the content of your cell phone conversations. >> how long you called who you called. >> who you called. that information is also being obtained by these planes as well. they are now receiving all of this information. what are they doing with it? are they getting warrants to get it first?

we know they're not getting warrants for the video for these planes. they're saying they started getting warrants for the cell phone technology but is it for the whole net or is it just for that one fish they're trying to catch with a hook? that's the question. our current supreme court has said that attaching a gps to the back of a car violates the fourth amendment. they have not gone so far as to say gps technology in general violates the fourth amendment. i do think our current supreme court would do so but a number of them are approaching 80 years old. so whoever's going to be appointing our next supreme court is going to have a lot of power on this particular issue. >> camera on sky fox or some -- we have a lot of sky foxes. but the camera on sky fox can read your watch. and you're telling me that their planes that are flying up overhead -- and sky fox can do that at night, too. whether your eyes can see it or not. chuck grassley says they're going to ask some more questions. >> that's good. >> i'll look forward to that. >> me too. >> heather hansen good to see you. >> good to see you. >> the republican presidential

contenders all 37 of them, are facing off in the key battleground state of florida now. we'll go live to disney world, where former governor jeb bush is speaking right now. stay tuned. on the road to 2016.

unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine proven to treat toenail fungus. use jublia as instructed by your doctor. look at the footwork! most common side effects include ingrown toenail, application site redness, itching, swelling burning or stinging, blisters, and pain. smash it! make the call and ask your doctor if jublia is right for you. new larger size now available.

can a business have a mind? a subconscious. a knack for predicting the future. reflexes faster than the speed of thought. can a business have a spirit? can a business have a soul?

can a business be...alive? fifa. the president is suddenly out of nowhere resigning amid the massive corruption scandal surrounding soccer's governing body. now abc news the fbi's investigating him. we reported on this last week when the u.s. announced that there were corruption charges against more than a dozen fifa officials. that's the governing body of soccer. the charges range from bribery to racketeering. and the feds say it went on for more than two decades. despite all this the embattled leader won re-election last friday. this is like his fourth term. but in a news conference today the president announced he'll soon step down. he's not facing any charges at this moment. but says fifa needs a profound

restructuring. which leads many to wonder if they're getting close to him. because one of his vice presidents was tagged with some $10 million of hanky-panky moving around money. and now the question is whether the feds are close to the now retiring or leaving fifa president. this is going to get interesting. the fight for the gop nomination make its way to the country's biggest swing state, republicans gathering for an economic summit as disney world, florida. former governor jeb bush speaking right now. you can watch his remarks streaming live at fox news.com. governor bush is one of six republicans appearing at the summit today. out of all of them only former arkansas governor and ex-fox news host mike huckabee has announced that he's running. another official candidate was supposed to be there, senator marco rubio of florida says he canceled his appearance because of the nsa vote on capitol hill which is under way right now. senator rubio sent a prerecorded video message instead p. carl cameron is live in central

florida. it's an economic summit. but the big buzz is on entitlement reform right? >> it was probably launched by arkansas governor mike huckabee today. he came out saying in his populist economic rhetoric that the idea that entitlements social security reform that could raise the eligibility or means testing on medicare which could diminish some of the health care benefits for the elderly, shouldn't be done and he referred to it as stealing. he said it wasn't fair and totally inappropriate. and that has sparked a lot of the other republican candidates many of them self-described political reformers who think entitlements are a huge part of the national debt. the borrowing problem and government spending needs to be addressed. here's a little bit of the back and forth that huckabee sparked and the response from one new jersey governor chris christie who made a big policy speech about entitlement reform just a few weeks ago. >> i know that the republican mantra has often been we've got to make major changes in the benefits paids to social security and medicare recipients. that is a recipe not only for

political suicide, but that is a recipe for economic suicide. >> there's only two other options beside program modifications for solvency. either insolvency or a massive tax increase on the american people. which one are they for? if theyfor? for neither? really just like start looking at your iphone anticipate blackberries and don't pay attention to anything else because they are not telling you the truth. >> reporter: krishe said it makes up 7 1% of federal spending and anyone who does not address that first, he has no business making up the rest of the spending in things like education and various other social programs. >> carl, thank you, and we'll be right back. what up wheels! mr. auto-mo-deal! hey, it's the wheel deal! hey, hey, the duke of deals! i know a few guys in the rental car biz. let's go, 'wheels'. rental car deals up to 40%

off.

breaking news from the u.s.

senate talking today about the usa patriot act, revisions that have been made and all this happening on capitol hill. well today, there were two amendments put forth by mitch mcconnell, amendments put forward. the house voted on one thing, brought it to the senate and the senate tried to put amendments on it, which could have screwed it up going back to the house, but the senate voted down the amendments. looks we are closer to the new patriot act call the usa freedom act which is basically the same thing as it was before except now for the nsa to spy on everybody, it does so from its own offices while using computers to the telecom companies. differences are few. republican leadership and the president are in lock step on this matter just as george w. bush was back in the day. they say it protects our freedoms. judge napolitano says that's a lie. looks like the vote is going

through? >> we expect final passage here. three amendments some concerns they were poison pills if they were to pass the senate, go back to the house, does it fall apart? mitch, the majority leader did not get support for any of the three amendments. that would have bought more time to make sure the system transferring authority from the nsa to the telephone companies, make sure that it works to have the director of national intelligence review the plan to make sure to certify that it would actually work and also to say that if the telecom companies say the way they store the data or how long they store the data, they should tell the federal government, well none of those passed so we expect time passage after there was overwhelming support in the senate on the underlying bill which earned 338 votes in the house, in small feat these days so we expect passage in the senate momentarily, and then it goes on to the president for his signature, and some of these

programs you've been talking about will be restored. they ran out sunday night with the patriot act expiration part expired sunday night. some authorities will be back for the u.s. national security with obviously, a lot of threats around the world, shep. >> we heard from rand paul the senator rand paul anybody else made privacy objections or raised concerns about them? >> reporter: several democrats joined with senator paul over memorial day weekend when senator mcconnell floated the idea of extending the patriot act a couple months to fine tune this bill so you had several western democrats, martin from new mexico and you had senator wyden from oregon with privacy concerns as well but senator paul of the face of the fight throughout much of it. >> thank you. now they are asking questions about the planes flying over us for decades over the right shoulder of senator mcconnell

there, chuck grassley the one who says we have to check in on the matter. nsa stays with it fbi continues to fly, but all is well. when news break out, we'll break in. your world with neil cavuto after this.

they say to win the presidency, you must first win flord florida, and for republicans, it's been a double disappointment losing this state in the last two presidential elections, but republican presidential candidates gathering in orlando today hope to come up with a plan to change that. and for the next hour, we're going to pick the brains of the men who would like to be your next commander in chief and what nay plan to do to set this forthright for the nation's economy. among those will be speaking with jeb bush scott walker rick perry, bobby