melissa, kennedy, thank you for being here. it will stay right here for foxnews.com/are numbered over time. we also live on facebook live as well. right >> heather: we begin with a fox news alert, on the identity of the eighth person in that meeting with donald trump, jr.. spill on our own john roberts has confirmed that the name of that person in the trump tower meeting, ike kaveladze. he worked for a russian billionaire real estate development developer with ties to both president trump and vladimir putin. >> the level of credibility from the senior levels of this administration is suspect. >> jon: president trump calling the russian meeting politics as investigators are raising more questions. >> i think it is one of the worst deals i have ever seen. we are looking at it very strongly. to make that deal is insane. >> jon: the u.s. re-certifies the iran nuclear deal made under

president obama. >> there is so much more to do to bring justice to this case. >> jon: the investigation and the murder of four young men in pennsylvania uncovers more information about the suspect in custody. what he is now telling police. it's all happening now. ♪ we begin with the next step after the collapse of the senate effort to repeal and replace obamacare. reaction is coming and now from both sides of the aisle and from the white house. welcome to the second hour of "happening now." i'm jon scott. >> heather: i'm heather childers. a lot happening in that hour between, we are live on capitol hill where lawmakers are now trying to figure out what to do about obamacare. president trump says they should let it fail while senate majority leader mitch mcconnell is pushing to repeal it now and replace it later.

that is easier said than done. >> here is the problem with that, it's not a full repeal. they are going to do it on a filibuster proof. you are leaving all the obamacare rules in place because you need the votes to do that. it is not a full repeal if they do that. >> heather: a lot of math involved. live on capitol hill with more. >> good afternoon, it seems unlikely that senate republicans will have enough for the latest plan which is to vote on repeal and allow two years years for replacement. >> a lot of our members have said they wanted to vote on just straight up repeal, we will see where the votes are. i don't know we have the votes for this either but i think the plan we put out there

represented the consensus position. >> moderate senators have expressed concerns. the repeal bill was vetoed in 2015 by president obama. >> ohio has had some big changes since 2015, we now have 19 counties without a single insurer. in 2015, we had insurers in every county. another 27 counties only have one insurer. >> i voted for a full repeal back in 2015. at this point, the affordable care act is so interwoven in our health care system that to repeal it completely with no idea what it's going to be replaced with is not the right approach. >> the senate democratic leader says this idea of repeal and working on an undefined

replacement would be a disaster. >> it's like if our health care system was a patient who came in and needed some medicine, republicans proposed surgery, the operation was a failure. now republicans are proposing a second surgery that will surely kill the patient. >> there are reports that an alaskan senator is also a "no" on this latest plan. it appears they will be stuck once again. all eyes will be watching mitch mcconnell at 2:00 when he comes out of the luncheon to see if he has a new change of plans. >> heather: we will be watching. thank you. >> jon: president trump blasting democrats and "a few republicans" over the senate failure to pass a health care bill, an online editor for the weekly standard who joined us in our first hour says the president has to shoulder some of the blame as well. >> where has the president been

on this? as far as my reporting goes, the president has not been actively involved in lobbying members of congress or certainly making public statements of support for this law. >> jon: joining us now, a senior editor at national review and a fox news contributor and "politico" reporter. >> just about 15 hours after two conservatives said they would not be voting for an obamacare replacement, effectively killing that, the second plan the idea that mitch mcconnell has about doing a repeal only bill looks like it is in jeopardy. obviously president trump wants to do this, vice president mike pence wants to do this as well. repeal now and work on a placement for the next two year years. while conservatives do not like the replacement and said they would vote for the strategy, it

has turned off a lot more moderate conservatives in the senate. we know that susan collins would not support this at all, we are hearing some skepticism from rob portman from ohio, if he is not going to get behind this idea, i do not see this happening. >> jon: the president says he still wants to do it that way or at least let the existing law just kind of go down the tubes. here is what he said in those remarks just a moment ago. >> let obamacare fail, it will be a lot easier and i think we are probably in that position. we will let obamacare fail, we are not going to own it. if the republicans not own it. we will let obamacare fail and the democrats will come to us and say how do we fix it. or how do we come up with a new plan? >> jon: let it fail, what do you think about the political wisdom of that approach? >> i think it makes sense on a

paper. the reality is, you are going to see an enormous number of people who are suffering, or who are claiming to be suffering, that's going to have a whole political wage to it. a whole bunch of people will be asking why the administration won't do anything about it and it will be a very difficult political position to be in going forward. at the same time, there is a certain logic to it. i think as this unfolds down the road, that is going to be a very difficult position to hold onto. >> jon: the notion of repealing it and letting it stand for two years while they come up with some kind of a replacement, you've already got two republican senators who flat out said they oppose that approach, another one has indicated he would not go for it. is that going to go anywhere? >> i don't think so. moreover, the insurance industry would freak out if this became all live proposition like they

did before, why would you stay in these markets when they are already crashing, falling apart, if you know that within two years, the entire program and all the subsidies are going to go away. it's a very difficult thing to say "we are going to kill this thing into years" and expect the infrastructure to stay in it right up until the bitter end. >> jon: the senate majority leader is a master at counting votes and pulling rabbits out of hats, but mitch mcconnell is kind of 0 for 2 on this health care thing, maybe 0 for 3 if they try to repeal only. >> it seems he might be at his wits' end, a lot of people have given him faith, they were very much active in the house society but they sort of let him do his

own thing here only it is clear that he is not able to do this. going back to the point about blaming the democrats and moving on as president trump wants to do, i've talked to a lot of house republicans this morning coming out of republican congress, it is amazing how many of them are totally in denial on this and saying this is not over, they've got to keep doing this, we are going to get it done. even as mitch mcconnell is saying it's pretty clear that they can't do this, it seems like republicans don't want to admit that this is dead because politically speaking, that could really hurt them and they could lose their majority because of it. >> jon: let's take a look at another political issue bedeviling the white house right now. fox news has learned the identity of the a person at that donald trump, jr., meeting involving a russian lawyer. that person is a ike kaveladze, he works for a russian real estate company. the approach at the white house seems to be to let this story go away, is not going to work?

>> it seems to be dying down a little bit, other than the identity of the sky there haven't been any other major shoes to drop. the problem is, some viewers might know that i have been pretty critical of donald trump but i basically gave him a benefit of the doubt on the entire russia story. there was no evidence that supported any evidence of collusion or anything of the sort. donald trump, jr.,'s meeting and then his repeated lies and revisions of his lies on this point take away any benefit of the doubt and they put themselves in a position where all they need is one more significant revelation about how they actually were working with russians in some capacity and it could be an absolute disaster for the administration. >> jon: what are the appetites in congress when it comes to looking into this? >> i think in the senate there is a great appetite. in the house, the house intelligence committee has been

a little frustrated by the lack of communication with the senate intelligence committee because the senate seems like it is taking contractions in the house wants to follow. i think republicans on the hill are frustrated. right now we are hearing a lot more members come out and say to the trump administration point blank, get all the details out on the table, acknowledge any meetings with russia, anything that might look fishy. get out and come clean with it and to be transparent. the chairman of the oversight committee, who is very well-liked and well-respected in the republican party, was the first to sort of say this and then last night we saw a "wall street journal" editorial saying the same thing, they are sort of falling into the same trap that the clintons fell into when it came to scandal. asking them to come out, be transparent, get it all out there now and move on. that is really what they want to do. whether the white house will i think it is open to question and i am very skeptical myself.

>> jon: very strongly worded editorial from "the wall street journal" editorial board. thank you both. >> heather: in the meantime, president obama's national security advisor susan rice is a set to appear before the senate intelligence committee this week. she will likely face questions about the unmasking of members of the trump transition team. >> it is a bipartisan staff, bipartisan committee. we worked well together, i think our main goal is to get the information to the american people. it is not a witch hunt, the facts are what they are. our intel committee is working diligently to make sure they get all that. >> heather: live in washington with more on this story. >> this is shaping up to be a very heavy week of testimony

from the obama administration. susan rice is scheduled before that senate intelligence committee behind closed doors in classified sessions, though the timing is not public. a former white house chief of staff is expected before the same panel earlier today. james clapper appearing monday before the house and senate committee. as you mentioned, a special line of questioning is expected to be who requested the identification of americans during the campaign cycle. this is a process called unmasking and in april, action. >> there were occasions in which i would receive a report in which a u.s. person was referred to, name not provided. sometimes in that context, in order to understand the importance of the report and assess its significance, it was

necessary to find out or request of the information as to who that u.s. official was. >> we have a team over on the house side of capitol hill on the committee where they are also waiting to hear from witnesses this week. fox news was told that the three agencies fully complied with the records request and a source with knowledge of the review said the record suggest the unmasking goes beyond the officials rights. more than a half-dozen former senior obama administration officials are of interest to house committee investigators. some of the unmasking and question could be routine although some requests obscured what they called unwarranted and will require more explanation. at this point there is no indication that law or regulations were broken. >> jon: a family plagued by --

i'm sorry. one republican lawmaker is suggesting president trump's children are becoming a liability for the white house. the advice he has for the president. our panel weighs in on the return. chances are, the last time you got a home loan, you got robbed. i know-- i got a loan 20 years ago, and i got robbed. that's why i started lendingtree-- the only place you can compare up to 5 real offers side by side, for free. it's like shopping for hotels online, but our average customer can save twenty thousand dollars.

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>> heather: some disturbing new revelations in a multiple murder case we have been following. 20-year-old cosmo dinardo reporting to killing at least two more people. rick, what have we learned? >> no official confirmation of these other confessions being reported by other news outlets. police are trying to link his claim to two unsolved killings but the details are scarce and there is not a lot to work with. an anonymous source with knowledge of the confession says he told investigators he killed

two people in philadelphia when he was just 15 years old. his friends say he often boasted of killing people but they also say he was mentally unstable and he was involuntarily committed to an institution last year which is why he was not legally able to possess a weapon. authority spent most of last week searching 80 acres of property belonging to his parents, eventually finding the bodies of four young men he admitted to burying with tobacco after luring them to the farm. his cousin sean kratz was also arrested and charged with three of the four murders. a spokesman says "we have made no public comment about the contact of cosmo dinardo's statement beyond what appears in the public affidavit on friday. anything he may have said beyond that would be investigative material that we would not discuss publicly." the search of the crime scene

wrapped up yesterday, clearly this case is far from closed. >> heather: it was a huge farm as well. thank you. >> jon: a massive sinkhole keeping residents of one neighborhood on edge. we will tell you what is happening and where, next. >> it's kind of scary, isn't it? which didn't get me to my goal. lowers my a1c better than the leading branded injectable. the one i used to take. victoza® lowers blood sugar in three ways. and while it isn't for weight loss, victoza® may help you lose some weight. non-insulin victoza® comes in a pen and is taken once a day. (announcer) victoza® is not recommended as the first medication to treat diabetes and is not for people with type 1 diabetes or diabetic ketoacidosis.

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options i have. i set i will hang around until tonight and we will see what things look like. >> there is no insurance for sinkholes. >> jon: his neighbor has already headed out, with the sinkhole reaching the foundation of his home. >> heather: fox news confirming that the eighth man in the donald trump, jr., meeting last june was ike kaveladze. meanwhile, donald trump, jr.,'s meeting with russian nationals still throwing widespread scrutiny as president trump's son-in-law and a senior advisor jared kushner is also at the center of the russia investigation. and now, a congressman is advising president trump that has family member should not be working in the white house.

let's bring our faneuil, a former trump advisory council member and a former 2008 clinton campaign advisor, thank you both for joining us. some new developments on this front, we have learned the eighth identity of this person that was involved in this meeting. what do you think? do you agree with this assessment that all of the family members should step aside? >> i don't. donald, jr., does not work in the white house. obviously his daughter and son-in-law do. there is a long-standing presidential prerogative that he gets to pick his white house staff. there is no senate approval of white house staff, it is really up to him. secondly, there is a history. we have a precedent in this country of close family members being significant staffers.

hillary clinton ran her husband's major health care initiative. bobby kennedy was the attorney general for his brother. there is precedent here. to the president's prerogative to choose his staff. >> heather: hillary clinton fell into the same type of situation, it was eventually decided that as the first lady she could take on this health care debate. what do you think about it? >> nepotism is as old as dirt in politics, business, even the entertainment industry. it is nothing new for presidents going back to john adams. i think for president trump's agenda, they are getting in the way. as these legal woes continue to mount, there could be some serious conflicts of interest. there is also a law that stops all other people in the government from hiring,

promoting, being the supervisor of one of their family members. in 1978 a law passed that allowed a little more leeway for presidents. president carter tried to appoint one of his sons, president obama and president reagan were all turned down by the justice department. why is president trump above the same type of grilling that came from the justice department shutting down previous presidents? >> heather: there is a difference, they are working within the white house. >> what you are of referring to is the cabinet department, he could not -- that was larger because of the kennedys. you can't do that. >> heather: originally it had to do with congressman working in post offices. >> your brother cannot be attorney general. if you are white house staff, it is your prerogative. i'm kind of jealous of jerrod because my father-in-law would certainly not selected me as one

of his key advisors and i think most people would say that. it's wonderful that they have that kind of relationship. if he does become a problem at some point, as ardently as i support the president, i would be the first to say you should go. right now i would say he has been a key and valued member of the administration and clearly his daughter as well. this is not new, her entire adult life she has been a very close advisor. >> heather: the entire family have been close advisors of the business all along. >> president trump may not be the most loyal husband as we have seen through his marriages but he is absolutely loyal to his children. that was the one complement that then secretary clinton said during their debates, that he had been a great father. it is not about if he is going to get in the way, he already is, he already has a separate

legal team working in his best interest. not in the best interest of the president or the country, but to protect jared kushner. all of this is going on while we should be focused on increasing wages, on infrastructure spending. >> heather: is it fair to blame the family for any of those issues or is it fair to blame democrats in congress? a lot of it is stonewalling. >> jared has mostly been behind-the-scenes. in ivanka's case, talk about a sales weapon for the president. she has been wonderful. she has been fantastic with women entrepreneurs are minorities, i would say she's been a wonderful advocate and in fact is very much moving the president forward.

>> just yesterday a lot of people noted that the hypocrisy of a "made in america" event, take trump and his business aside, ivanka, all of her products are made outside of the united states. as a leader calling for better representation for women in the workplace, some of her businesses do not comply with industry standards. a lot of people are saying that feels hypocritical. >> i would say this, trying to focus on his family as a distraction. it is something the mainstream media wants to latch onto. they want to talk of russia, they want to talk nepotism. let's talk policy.

>> jon: canada's prime minister is expecting a payout of millions to a canadian terrorist who killed an american soldier. we will explain that i had. plus, the u.s. certifying that iran is complying with the nuclear deal but former ambassador to the united nations john bolton did not agree to that move. >> this deal does not constrain iran from getting nuclear weapons, it's a big highway to allow them to do it. not in ten years when the deal expires, right now.

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>> jon: right now we are awaiting the state department briefing after the trump administration certified that iran is complying with the nuclear deal. the former u.s. ambassador to the united nations john bolton says he thinks that is a mistake. >> i think the straightforward way to approach this in america's interest is to get loose from the restrictions of this deal and treat iran as the threat it remains two years after this deal was agreed to. >> the trump administration waited until about two hours before the deadline to officially announce that the u.s. and the trump administration for the second time was going to certify that iran is complying with that nuclear agreement. in a letter from secretary of state rex tillerson, paul ryan certifying, he writes --

congress requires the administration certify this agreement every 90 days. hours after certifying that, the state department announced that it is deploying 18 outfits of people. these are sanctions that are separate from the nuclear agreement. that is the administration's approach here. working with the europeans to try to strengthen some of the nuclear provisions. the problem for the administration's iran has already received many of the agreement benefits. tens of million dollars of unfrozen assets and lifted

international sanctions. also working with european allies for stronger measures on this front as many european businesses have already engaged in iran and are confident in iran. that becomes an issue as well and all of this. iran announced an associated press this morning that the parliament there is going to look in some anti-american legislation, those details will be worked out in the coming weeks. >> jon: thank you. >> heather: a canadian terrorist who killed an american soldier is now a millionaire. this comes after canada agreed to an $8 million settlement. canada's prime minister is defending the payout. doug, a lot of people have a hard time understanding, what happened here? >> let me give you some background here. in 2002, omar khadr was a canadian citizen who had been

taken to afghanistan by his father. u.s. special forces tracked down the family to an isolated compound. >> we sat outside that compound for space bar 45 minutes trying to get them to come out and talk to us. they started a fire fight, decided to go out in a blaze of glory. and that firefight, omar threw a grenade that landed too close to me, i didn't see it. a piece of shrapnel hit me in the eye and blinded me. >> that shrapnel also killed a u.s. medic. a formal apology was issued to khadr and a cash settlement believed to be over $10 million compensation for his imprisonment at guantanamo.

>> it's just crazy that the canadian government -- even if the guys rights were violated, $8 million? he had a bad day, he didn't have a shoulder to cry on and you want to give him $8 million? where is the scale, where is the justice they are there is none. >> a former u.s. military authority with intimate knowledge of the case spoke to fox news and said there is no evidence that khadr was mistreated or tortured at guantanamo. he knows all detainee interrogations done by foreign governments were closely observed by u.s. authorities. last week, khadr told an interviewer that he hoped this multi-million payout to him did not cause the family any pain, which it certainly has. >> jon: unbelievable. it is still ahead on "happening now," an american doctor meeting with the parents

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>> heather: a fox news alert, learning the identity of the eighth person in that meeting with donald trump, jr.. ike kaveladze was present in the trump tower meeting last june. now congress is looking into jared kushner's involvement with the trump campaign's digital operations amid calls to have his security clearance revoked because of his failure to

disclose several foreign contacts. >> jared kushner has forgotten three times to put down this information. and again we see this pattern. general flynn failed to put down information, he got fired. the attorney general failed to disclose information, he had to recuse himself. >> heather: let's bring in our legal panel, a criminal defense attorney and former county prosecutor and criminal defense attorney, thank you for joining us. bob, i will start with you. should jared kushner have his security clearance is revoked? >> we have a lot to go with respect to this information. something on the timeline impresses me, i would say no at this point. when he first built it out with the no information, the very next day his lawyers with their continuing obligation to release information say that that needs to be amended, we want to let you know. they then amended it with 100

names and afterwards, to go days before the fbi was going to interview him, they amended it with this meeting we have been discussing. this is not a political decision, it is a legal one. as a prosecutor, you cannot prosecute somebody for falsifying a document because they were negligent or failed to disclose. i am impressed with the idea that his team said from the very beginning, the day after it was submitted, we are going to amend this document. i know there are lots of other data points out there that are troubling, the backdoor communications but it has nothing to do with whether he falsified his security clearance application. >> heather: what happened, originally they said it was sent prematurely so they had to amend it. not only did he not included the foreign contract but he got the state wrong for his graduate degree and his father-in-law's address was wrong. there were problems with the original form that was

submitted. are they submitted it again, three times total. >> of few words that come to my mind when i hear the jared kushner story, hypocrisy, loud bark, no bite. what i mean by that as we have a former secretary of state who ran for president who clearly had classified information on a personal server. she wasn't even prosecuted, she wasn't even questioned under oath. secondly, we have former fbi director comey who released classified data to a person without government clearance, he hasn't even been investigated and now we have jared kushner being put on the hot seat and being hung for something that i think clearly does not amount to him having to have his security clearance removed. number one, he didn't do anything intentionally to mislead anybody and that is supported by the fact that as bob said, he cleared everything up. he was transparent after that. the second part of that is, you

have to prove he intentionally omitted a material fact. everything i am gearing up to now does not amount to a material fact. what this is, president trump -- his family is used to the private sector. if his family a chance to adjust to the political and public sector and the myriad of regulations that they must comply with. >> heather: eventually, will this inexperience -- there is a lot for them to learn in terms of dealing with politics versus dealing in the business world, will the inexperience get them in trouble legally? is not a valid excuse, to say you are inexperience? >> i said this before with the hillary clinton email situation and i will say it with this. prosecutors don't like to prosecute people for technical violations of the law that may have tripped up and done something that was negligent or that they weren't paying attention or that some of their staffers did.

there are a lot of data points here for the u.s. attorney's office to be looking at some very suspicious and unusual activity that has occurred. they are going to try to connect those dots. the backdoor communications, the financial dealings, maybe the failure to fill up this form. when it comes down to this, i don't think we should be comparing people like hillary clinton and this investigation versus that. i hated that as a prosecutor when defense lawyers would come in and asked why you didn't do it on this case. apples and oranges. >> heather: how many times do you get to add on to this list, the first time around, jared kushner added all the foreign contacts. he did not include this latest meeting with donald trump, jr., we now know the eighth person that was involved in that meeting. will we now find out that when he did include that, the third time perhaps he didn't include this eighth person who was involved in the meeting?

>> this is exactly the problem, you hit right on the head of where the investigators are going to look. they are going to look to see whether or not the failure to identify this meeting, which could be a pivotal meeting in the overall investigation, how was it done, how was the data being collected, why did they come forward so late? if it was being done because people knew about it and they knew what was going to get out, that is a big problem for him. if it was an innocent failure, let's scour these emails, we made a little mistake -- log requires that it has to be somebody having constant contact and significant relationships with these individuals to report it. they may have been erring on the side of caution which could be very possible because the fbi interview was about to occur or it could be because they knew something was about to come out. if the investigators find out, it was for the latter reason, because they knew what was going to come out and they decided to

disclose it, that is a huge problem. >> heather: we do know that it is being investigated. this editorial says be transparent, trust and the american people and put it all out there and see what happens. thank you both for joining us, appreciate it. >> jon: british and american doctors meeting in london today, discussing an experimental treatment for the critically ill and fender charlie gard. while the baby's parents hold out hope that the doctors can help their little boy. >> the parents of charlie gard apologize for not being able to be here in person. however, after a long day in court, they wish to return to the bedside of baby charlie. liz assumed she could trust her dating site.

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>> hello everyone, we are awaiting the off-camera white house briefing which is sure to get heated after president trump called the democrats obstructionist. he says he will not own obama cares failure. we will bring you the highlights of that one. what does the freedom caucus think about their strategy to repeal now and replace later? we will ask the chairman about that. a lot of unanswered questions about the bride to be shot by police outside of her house in minnesota after calling 911. we will have the latest on "america's news headquarters" ." >> heather: british doctors meeting today with a columbia university physician, along with the parents of baby charlie gar gard. discussing an experimental treatment the doctor believes can help the critically ill little boy. >> charlie's case has moved, the

chances of this groundbreaking therapy working are as close to zero to make no difference. evidence heard in court today gives a small but significant chance. >> heather: live in london with the greatest on the story. >> everyone here is anxiously watching to see what the doctor will say after he examined little charlie gard. it is thought to be his testimony that will determine charlie gard's future. he is an expert in rare genetic diseases, he has now examined charlie gard today, who has had another brain scan and he has also met with specialists including some from the u.k. under the u.s. charlie suffers from rare mitochondrial syndrome that has left him brain damage and unable to move, breathe, or swallow

unaided. specialists have said the treatment will not help and may cause additional pain and that he should be allowed to die. others disagree. the case ignited controversy over who is allowed to determine an infant's care, the parents or the government. another child with the same condition has been treated by dr. hirano, he is still alive but is still on a ventilator. >> heather: a lot of people watching. thank you. we will be right back.

♪ >> i hope you're having a great tuesday and it continues to go well. >> we will be back tomorrow. will you be here?

that wraps it up for now. >> "america's news hq" starts now. >> melissa: a fox news alert, president donald trump says congress should let obamacare fail. he promises that he'll be waiting head and hand to sign a better deal for america. hello, i am melissa francis. the president speaking a short time ago after the revised g.o.p. health care bill was scrapped in the senate, saying those republicans who are against it were not disloyal, they had their reasons. meanwhile, the focus is quickly shifting to a full obamacare repeal, but already three republican senators are publicly opposing that. that is enough to block it. chief white house correspondent john roberts joins me now. what a mess, john? >> good afternoon. the president has quickly switched to plan b, and not something he hasn't been thinking about, because a couple weeks ago,