eric: the department of justice pushing back after house intelligence committee chairman devin nunes says he'll be starting procedures to hold jeff sessions in contempt of congress. his congressional committee has been asking for information that his committee has been unable to get. laura: the justice department is responding.

reporter: this is the latest dust-up between the department of justice and republican lawmakers. they are look into allegations of surveillance abuse by the administration. republicans have been particularly frustrated with what they describe as stonewalling. this morning on "fox and friends" devin nunes says he'll push to hold attorney general jeff sessions in contempt for not complying with the latest subpoena his committee issues. >> we sent a classified letter. per usual it was ignored and not acknowledged. last week we sent a subpoena, then thursday we discovered they are not going to comply with our subpoena. the only thing left we can do. we have to move quickly to hold the attorney general of the united states in contempt.

that's what i'm going to press for this week. reporter: the justice department is pushing back. they stated after careful evaluation and following consultation with the director of national intelligence, the federal bureau of investigation and the white house,ed the justice department determined it is not in a position to provide information responsive to your request regarding a specific individual. city woulding interfere with intelligence activity. the letter goes on to say the doj is willing to see if there are other ways it can accommodate the intelligence ony

interested in manafort because they are out to get the president impeached or prosecuted. rudy giuliani seized on those remarks saying they focused on manafort then the president's attorney michael cohen because they think he'll turn on the president. >> they want him to do martha

stewart for hum. i'm sorry, he's not going to do that. reporter: giuliani said he's open to the path doing an interview with the special counsel, but only under strict conditions to be sure he's not set up to perjure himself. laura: john kerry secretly met with world leaders to try to work on the iran agreement. >> i'm encouraged by what the president said so far. i hope he does pull out. what the obama administration and our allies in europe was not bad. it gave away all our leverage for a pause in their nuclear

program. reporter: laura, john kerry's so-called shadow diplomacy happened here with a thud. no means tbul reaction. leaders are focused on one man and one man only. that's president trump and whether he'll make good on his threat to pull out of the iran nuclear deal. both iran and israeli leaders weighed in. is vail really prime minister benjamin netanyahu told journalists an agreement that enables iran to keep and hide all its nuclear weapons is a horrible deal. saying it must be fixed or nixed. saying that if nothing is done iran will soon have a nuclear arsenal. he said iran has delivered weapons to syria that could be used to strike israel. >> nations unprepared to take

timely action to counter murderous actions towards them paid a heavy price afterwards. we do not want aggression, but we are prepared for any scenario. reporter: iran president raw happy says if the u.s. pulls out of the nuclear deal it will be a mistake for the u.s. >> we tell the whole world, america you are the east and the west. we'll not negotiate with anyone over our country's weapons and defense. we'll build weapons, equipment and missiles as much as our country requires.

reporter: comply kaight the fate of the iran -- complicating the fate of the iran nuclear deal. france and germany remain committed to that agreement. what if any influence they will have on trump is unclear. eric rsh let's bring in the former state department senior advice yiewrnd presidents trump and george w. bush. the former secretary of state expressing his views on a deal he spent a long time negotiating. >> there is a lot wrong with it. it's one thing if he's asked a question in public. but he's doing something that's illegal, the logan act, providing information with a foreign minister. the foreign minister of our chief adversary in the middle

east to undermine foreign policy. donald trump made it clear he doesn't like this deal. it's unprecedented in modern history. eric: the secretary of state would say he's not doing this to the detriment of the united states. he's trying to help the united states because he believes the nuclear agreement helps secure our security. >> he can convey that point of view in public, but to meet privately with the iranian foreign minister to under mine it is part of this broader policy resisting and trying to overturn the outcome of the 2016 elections. it's a flawed deal. we are trying to take a different approach, and i think u.s. will. >> the boston globe reports the former secretary of state met with him twice.

the guy is smooth as silk. went to san francisco state university. you don't think birth would melt in his mouth. is this collusion? >> it is. the logan act was passed with the aliens and sedition act it was signed by john adams. the logan act was used to start the phoney case against mike flynn. eric: we don't know if it's phoney yet. there are charges and allegations. go ahead. >> if this law can be used against republicans, i think we ought to use it against democrats when they collude with our adversaries to under:mine policies that are under way. this is full circle for john kerry. he began his public career. he came back from vietnam and bad mouthed his fellow soldiers

saying they raped and pillaged. eric: he's a democrat, long-time senator from the state of massachusetts, why should he support any policy of the trump administration. >> your options are to support the president or be quiet. george schultz and jim baker how assume were aghast at what happened under president obama. i'm sure in private or even public settings they would express dissatisfaction. but they didn't meet with our adversaries and counsel them on how best to deal with the united states. i would be in favor of congress doing something for a change and repealing the logan act.

it's hard to get into these things to know who said what when. what's good for the goose is good for the gander. if we are going to be prosecuting mike flynn who actually had a position with the administration. and we are accusing him of the logan act because he didn't hold office until two weeks after that call. here john kerry is colluding in a quasi official capacity. he should be prosecuted. >> what if he says no, i'm expressing my right as a private citizen? i think it's in the interest of my country. >> the law is a couple sentences long. the question would be what happened in the conversation. presumably he wouldn't testify against himself. and the iranian foreign minister wouldn't want to testify either. but if we are going to be

flowing the book at mike flynn on something that was consistent with u.s. policy. we ought to hold john kerry for undermining the united states of america. eric: he tweeted every detail p.m. netanyahu presented yesterday was every reason the world came together to apply years of sanctions and negotiate the iran nuclear aagreement. it's working. do you think it iran deal is work and what happens if iran does pull out. >> all of our arab allies are worried about this, too. i think we'll pull out. the president has a deadline of the 12th. but we pull out and we can get off the appeasement track.

we can influence their bad behavior across the middle east and ideally empower the citizens of iran. that's how we get security in the long run. laura laura: the eruption of a i volcano taking a major toll. several gop congressional candidates taking the so-called trump approach ahead of tuesday's primaries as republicans work to keep control of the house. ancestrydna can pinpoint where your ancestors are from and the paths they took to a new home. could their journey inspire yours? order your kit at ancestrydna.com not having a good breakfast

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[♪] laura: voters in several key battleground states preparing to head to the polls. in indiana and west virginia president trump's influence on gop candidates looms large. but will the strategy pay off in the election. i want to talk about the

president's popularity. the question is, how much will his popularity help the candidate there to win over his base? what's your angle. let's start with west virginia. >> the president walked away with 68% of the vote there defeating hillary clinton. he was enormously popular in the state during the election and he continues to be enormously popular. as we head into the primaries, it will be beneficial to those candidate tying themselves to president trump. we have patrick morrissey and don blankenship. he's saying he's the anti-establishment candidate like president trump. his case is unique because donald trump, jr. said we don't think you should support this guy at all. laura: indiana has a somewhat

different dynamic going on as voters will choose a candidate to challenge donnelly in the fall. this race has been called the nastiest in the nation. they are throwing verbal punches at each other. >> i think indiana is unique. but unlike west virginia, this is a case where all three candidates, it seems like republicans at this point would be happy with any those candidate to take on and be a viable channeler to joe donnelly come the general election. president trump hasn't weighed in on whether he would prefer one candidate or the other. but we are looking at a race to see what candidate can best tie

himself to donald trump. and then on the other end you had todd rokita calling for an end to the russia probe. those are tied to trying to gain president trump's attention. laura: how do you think this will impact tuesday. and will it hurt republicans in november. >> the president is going to support whichever republican end up winning the nomination. maybe with the exception of blankenship. but republicans are fearful we could see a repeat of what happened in alabama during the special election. you had the president campaigning for luther strange. that's a different situation given the allegations against roy moore. but republicans are disappointed

and surprised to see democrat doug jones pull out a win there. while a lot of the republican candidates are looking to rally and gain the support of president trump's base, you have to remember we are talking about the general election come november and they may want to look at their tactics lerks st they give up another seat in november. laura laura: if he does go agaiu how can you push back in a way that will actually work? that's the big question. >> absolutely. thank you for being here today. it will be an interesting week. thank you so much. eric: meanwhile, a federal judge is challenging robert mueller's

team saying he's sceptical. that's raising a question, is the special counsel overstepping his authority. lava continued to flow from the massive volcano in hawaii. we are live with the latest details. >> tech: don't wait for a chip like this to crack your whole windshield. with safelite's exclusive resin, you get a strong repair that you can trust. plus, with most insurance a safelite repair is no cost to you.

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and while taking xeljanz xr, and monitor certain liver tests. tell you doctor if you were in a region where fungal infections are common and if you have had tb, hepatitis b or c, or are prone to infections. needles. fine for some things. but for you, one pill a day may provide symptom relief. ask your doctor about xeljanz xr. an "unjection™". eric: foxwood in the continuing situation the big island of hawaii. folks dealing with eruptions when the unstable volcano. the lava and poisonous gases already destroying at least five homes and forcing the evacuation of 1700 residents so far. william la jeunesse is live at the scene with the closer look and it seems rather frightening. hi, how are you? reporter: i'm good, eric. we are one mile away from a major new eruption that happened last night. when we arrived here and it was dark you couldn't see this a

great read below if you will from the area behind me because of the lava and the fire. now all we have is this plume. the rocks associated with that. five homes in mililani estates destroyed. pressure buildup in the magma works its way to the surface through a series of chambers and tubes chambers and to examine a crack they surfaced and may rest. officials say this is far from over. they expect more eruptions as well as more earthquakes. 152 sizable quakes in the last two days. >> the bottom line is we've got additional outbreaks of lava in leilani as we anticipated. still fairly low level output, but small flows are starting to

move tens yards away. >> we visited the shelter yesterday. 150 people spent the last two nights at the red cross shelter. police allowed some people back in to collect a few items but they changed their mind when conditions got worse. the graphic i have up right now shows you how these ruptures or these events are all in leilani estates. that is 25 miles away from the column of the kilauea volcano. few people in this area have insurance because of course these homes are built near a volcano. because the back, they could lose everything. >> i never thought about it that way. i was not the lawful was up there and i never thought it would travel underground pop up for my houses. the value is zero now. because there's lava on it. definitely hard to sell.

see my kilauea is one of five volcanoes on the big island. the newest one. since 1983 when it begins spewing it is literally buried 50 square miles of land and loughlin as you see behind me it's not done yet. eric: it's amazing to think the lava travels underground and can pop up in the widespread area. can you give us a feeling of what it is like? what do you smell? are you concerned? evacuation procedure for you in the other news media people still there. what is it like? >> i'll tell you what. the national guard and police, you can see they won't let us anywhere near the danger area, including the residence for obvious reasons. i haven't really smelled of sulfur in the air yet because we haven't been able to get that close because they are keeping people at bay if you will. the town of pahoa nearby where

the residence and shelter as can the people are very frustrated. i heard one person say he did have insurance but it only covered if the lava burned their house. if the lava knock their house first they would get covered in their pain $3000 a year in insurance premiums. the worry is of course this will go on like the one in 1955, which is very similar. that went on for three months and they could destroy the entire neighborhood and the people downslope of that worry that they are next. you live on a volcano so you take some risk, but no one expected it would travel this far. eric: quickly do they have any indication of when this will and/or stop? >> don't know. mother nature. they have no idea appeared we won't be here for weeks or months, but the volcano could. eric: thoughts of the folks near the volcano.

william, thank you. >> eric, north korea warning against misleading the public ahead of an historic meeting between president trump and kim jong un after u.s. officials said the president's maximum pressure campaign is what drove pyongyang to the negotiating table. gillian turner is live from our washington bureau. what is the latest on this? >> laura, the north korean regime is punching back against the claim that their maximum pressure campaign is working. they've issued a warning to the president's negotiating team not to misinterpret their goodwill gestures in advance of the highly anticipated trump kim summit. the spokesperson saying today, quote, would not be conducive to addressing the issue at the u.s. miscalculated the peaceloving intention of the dprk is a sign of weakness and continue to pursue its pressure and military threats. this rhetoric comes a couple weeks after the north and south korean leaders met for the first time in decades and about two

weeks before president trump a welcome south korea's president moon into the white house on may may 22nd. today, president trump insisted the north will have to promise complete denuclearization as a precondition to formal negotiations. there's a lot of hope according to the chairman house armed services committee, but not a lot of chance. >> you can hope for the best, but we have to prepare for the worst and that means beefing up our ability to defend against missile attacks. modernizing the road nuclear deterrent, increasing our defense for ships and other military capabilities in that region. >> up until this week and come in the international community had been rife with praise for what they perceive to be a good mood surrounding the run up to the u.s. north korea talks. >> recently we witness positive development of the korean peninsula situation and are more positive interactions of engagement between the parties

concerned. >> another major issue in play this week is the state of three korean american hostages being held near pyongyang had once in 2015 and 2 cents 2017. recent days the president himself has treated about and discuss their status publicly, the sum of his key advisers are stirring conversation away. >> what you think is the most important thing in north korea? i would argue the fact north korea and south korea come together in north korea has agreed to certain conditions. >> lots of moving pieces need to fall into place before president trump comes face-to-face with kim jong un later this month or early next. loretta. >> thanks much for that report. tranter resting in immigrant accused of overseeing a work visa. connection to a car crash that killed an fbi agent and fire marshal. it happened last year when cinder cone pulled over on the side of the highway to help agent carlos wolf. his vehicle at crash there.

that's when authorities say 28 road guatemalan men drove up on the scene and swerve to avoid the cars but instead of straight into both men. authorities are charging him with negligent driving. they so far have ruled out alcohol, drugs in speed as factors in the crash. >> a federal judge in virginia demanding to see the original memo outlining the scope of the investigation into alleged russian election meddling. judge alice suggesting special counsel robert mueller and his team are lying in order to seek unfettered power. joining me now a criminal defense attorney and a former u.s. prosecutor. i like to get to on this one, ron. let's start with but remake of the judges comments. some of the legal field say they could possibly change the path of the mueller investigation. how unusual is this type of

confrontation? >> first of all, good morning. not very mutual. famous for confronting lawyers in his court about issues that may be beforehand. i think what you see here is when a judge make comments like you don't have unfettered power, what you see here is the backlash to a special prosecutor. most people don't understand that prosecutors are unique and it's a cardinal mistake to think that anybody would ever have unfettered power in our system. our system has a line for that not to happen. i want to see what gives you your power. what exactly were you authorize to do and have you exceeded that jurisdiction? it's a fair question to ask a question many americans are asking nowadays. >> sure. what type of information do you think judge ellis and congress can find is my most to change the course of the investigation. what is something of importance that would maybe surprise us all? >> the way to look at this is

the last time special counsel made headlines with the president and that is with kenneth starr. starr was a special prosecutor, to get jurisdiction he would have to go to a judge. the judge would review his request for authority to look into whatever investigate whatever and either approve or disapprove it. and then it became public. it was released to the people. in this case what is happening is we have ron rothstein doing everything in secret. his memo has never been released. congress has asked for it. he's withheld it. he's purposely denied in order to reduce it in a judge saying give it to me. if we find that there is some general statement of authorization come investigate everything you can see what you find. it's something like that, he has a problem. a big problem because doj has specific rules of the special counsel appeared one of them being you must eliminate a

crime. as everything i've read from and there's crime ever delineated in terms of the jurisdiction of mueller. the court can say look, you have way too much power. this is an unfettered type of prosecution with no jurisdiction limitations are not a problem because you worked for the people and the people are entitled to where you can go in which you can look at. it doesn't mean that cases be dismissed and if it is, can he pick up by u.s. attorney in any jurisdiction and still prosecuted. i don't think this is going to get manafort off the hook that may bring a different light to the investigation. >> or authorities have been laid out in documents including the august 2017 memo and some of their powers are secret and shouldn't be revealed because of the nature of their investigation. how do you think that is going to play out? >> how does everybody in america feel about seven saying in a secret investigator looking at things we will not tell the

people about and were not going to reveal her motives or agenda or were going. no one should feel good about that. the thing about special prosecutors assures everybody is every time we've had once been political. you don't want them operating in complete secrecy. as a matter of fact, you want them to show their cards so everyone can see what they're doing, what they're looking at them where they're going. it's the only protection the country has from somebody doing things they shouldn't be doing in the position bowler hats and it should be a concern to everybody. we tend to generalize these things and look at them from a political move. he's way out of line, going too far. as a let's say say let them do whatever he wants. when the tables turned we have everyone taking different positions. it's important every time i look at a special prosecutor we say we want to know specifically what you're looking at where you're going. if you can't tell us, we have to stop you. >> we will leave it there.

thank you for your. greatly appreciated. eric: the unemployment rate continues to drop his company so the benefits after the enactment of the republican tax reform plan. senator marco rubio now criticizing the result and asks her corporations doing the right thing? nope. get those kids some capri sun! you might or joints.hing for your heart... but do you take something for your brain. with an ingredient originally found in jellyfish, prevagen is the number one selling brain-health supplement in drug stores nationwide. prevagen. the name to remember. how much money do you think you'll need in retirement? then we found out how many years that money would last them. how long do you think we'll keep -- oooooohhh! you stopped! you're gonna leave me back here at year 9?

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your doctor should monitor your weight and may stop treatment. other side effects include upper respiratory tract infection and headache. tell your doctor about all the medicines you take and if you're pregnant or planning to be. ♪ otezla. show more of you. eric: the labor market is a lack of annapurna raid his 3.9%. the lowest it has been in 18 years since 2000. some say there still is a disconnect between unemployment and wages, which have not moved very much. companies see the boost of the bottom line in the gop tax law. some lawmakers like marco rubio are questioning where the money is going. rubio charging many corporations are not investing the tax cuts into jobs. >> at the end of the day there is still a lot of thinking on right and center the big

corporations will take the money they are saving and reinvested back into american workers an effect on bonus denomination in productivity that way. a few of them gave up bonuses in the short-term. there is no evidence whatsoever as to be poured back to the american worker. let there be no doubt. eric: her corporations doing the right thing? next gas and author of the book it is on the law and corporate behavior is called, quote, we the corporations american businesses want civil rights joined a constitutional law expert and professor of law at ucla, adam winkler. his rubio right? do you think american corporations are doing their part are they taking advantage of the nations laws? >> well, we see corporations being politically active. for instance, leasing

corporations fight against the nra in the wake of a parkway and shooting. we see corporations exert a lot of political influence and political power and part of that is a story tied to some people say citizens united. the supreme court case the corporations of the same rights as individuals to spend their money on politics. the story goes back a lot further. >> you read in your book about daniel webster. before 1607, the virginia company. explain what you mean by civil rights and the involvement of corporations. because usually think of civil rights committee think the civil rights movement of 1960s, and other things. not corporations. >> that is right. we have legendary civil rights movement, and movements, but also a 200 year struggle for the rights of corporations, corporations are like women and minorities don't march in the street carrying signs demand an equal right, they are fought for

200 years to when constitutional protections through the supreme court in the first supreme court case on the rights of corporations was decided back in 1809 a half-century before the first supreme court case on the rights of women and racial minority. >> is that a bad thing? what's your analysis of that? >> it's a balance thing. it's a big movement to amend the constitution supported by common cause of liberal groups that was a corporations are not people and have no rights under the constitution. my view is that would be a mistake that corporations need some rights for protection of property and due process so they are not charged with crimes without having to prove beyond a reasonable doubt that they are guilty. news organizations like fox news and a first amendment right to be free from censorship. i think the story is more balanced than people believe. >> you mentioned the magic words. corporations and people.

the iowa state fair mitt romney got into some hot water when he said corporations are people. let's listen. >> corporations are people, my friend. of course they are. eric: does he have a point? corporations provide jobs, benefits even when doing the correct thing under business. >> that is right. that's part of the recent corporations have the constitutional rights of people. they have been fighting since the earliest days to combat regulation that her corporations and inhibited them from making money and turning a profit. often these rights are beneficial for ordinary people, too. for instance, corporations at the forefront of efforts to breathe life into constitutional provisions including the first amendment, freedom of the press can equal protection, due process, search and seizures. corporations have been at the

cutting-edge although the row role has generally been hidden. eric: some people are criticizing corporations. a lot of people on the left would, but "the wall street journal" had an interesting perspective on this. let's look at this. those denouncing the court for such broker per decisions happily adapting to new normal. mr. winkler's book teaches about the history of corporate right. the next great irony maybe progressives welcoming the political support of corporations in support of liberal causes from climate change to gun control. how do we and how to corporations navigate this when dealing with a volatile political situation? >> we should recognize whether you're on the writer of the left. if you rely on corporations to be big political mobilizing forces, big influences on politics and whatnot, you are running a big risk her corporations may support your cause today, but at the end of the day american businesses are designed to turn a profit in the

one best in projects whether it's political or not that enhance their business that appeal to consumers and help their brand names. the causes may be liberal today on rights and gun rights, but they are likely to be in the interest of business in the long run. eric: as well as keeping employment and the economy humming. professor adam winkler, thank you. author of the new book we the corporations. how american business when their civil rights. fascinating. professor, thank you. loretta. laura: did you hear how after much anticipation the first official photos of the royal baby are finally here. a closer look at britain's new friend when we come back. what's in your wallet?

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laura: hundreds of students at george washington university petitioning for the school to change its mascot. the students say the current nickname is the colonials and it's deeply offensive and mortified if the systematic oppression of the school adopted the mascot in 1926 to honor george washington. suggestions include the head hippos and river horses.

prince william and his wife kate the duchess of cambridge showing the pictures of prince louis per the rail cup couple welcoming the newest addition as they get ready for the anticipated wedding of prince harry and meghan markle. more from london. hi, katie. >> this is the official status of the new royal baby taken by the duchess of cambridge. let's take a look at the first photo fishes the baby, principally, with older sister charlotte celebrating her third day. the photo was taken on may 2nd shia senior giving her little brother a kiss while he sleeps. the second picture shows looted by himself. he was just three days old when this picture was taken. the new addition to the royal family was born on april 23rd. now the fifth in line to the throne. all eyes now on the next event

coming up. the wedding of prince harry and american actor meghan markle set to wed in this chapel with a special tribute to his mother. prince william will be the best man in megyn's father is set to walk her down the aisle and both of her parents are due to meet the queen before the wedding itself. they won't be at the ceremony we are hearing, but the rest of his family will be attending. >> fox news viewers watching as we have live wall-to-wall coverage from the wedding just on the block from windsor castle when it happens. thanks so much of course. laura. >> the iranian president warning the white house not to pull out the iran nuclear deal saying it would be an historic mistake is the latest update on the looming decision less than a week away. simple goodness

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laura: hang onto your stomach through the opening weekend for what is being touted as the world tallest and fastest hybrid roller coaster. eric: is made up of steel and wood. it is called steel vengeance in sandusky, ohio. it's got a 200-foot drop. you go up as fast as 74 miles an hour. >> steel vengeance? we want to get on something

named that? that does it for us at least for now. we are back three hours from now. >> we will see you there. leland: countdown on the iran nuclear deal. may 12 is the deadline for president trump to make a major change in agreement or face a u.s. pullout. live at the white house. liz: continuing to burst out through the ground. the neighborhood on hawaii's big island destroying homes and forcing hundreds of people to evacuate. our own william la jeunesse will join us here in the hot zone. leland: minnesota education bill with permission for high schools to post in god we trust is under fire. both sides of the debate.