obviously everybody would benefit if we could work together and get the president a bill that he can sign. all right. thank you for joining us. i'll see you on "the five." i'm dana perino. here's shep. >> shepard: it's noon on the west coast, 3:00 at the national security agency. workers collected more information about our phone calls and text without our permission. ahead, the response from nsa. a woman accused of killing her identical twin sister leaving three children without a mom. also, these next photos are tough to see. a mother complained about kids bullying her son and somebody attacked her in front of her baby. according to her lawyer, left her for dead. reporting begins now. our reporting begins with big brother watching us again. fox news now confirms the

national security agency collected information about americans' phone records without the authority to do so last fall. it happened months after the fed said they deleted a massive database of phone records that the nsa had improperly collected going back to 2015. we're just learning about this latest incident through documents made public in a lawsuit that the american civil liberties union filed against the nsa. the spy agency reportedly got the records under a controversial phone surveillance program launched following the attacks of 9-11. the former contractor, edward snowden exposed the program in 2013. it collects call records, but not the content of those calls. the jennifer griffin reporting live at the pentagon. jen? the records obtained by the aclu revealed that not once but twice in the past year the dnsa

overcollected americans phone records. last june and now we're learning about another instance last october which led to the nsa purging millions of phone records after realizing the mistake. the nsa would not confirm that the program could be disbanded but did say the technical irregularities that led nsa to delete data were identified and addressed. the documents do not reveal which telephone company was to blame. it's up to the trump administration to decide whether the program, which expires in december, whether to continue with the program. the aclu believes congress needs to take this surveillance i power out of nsa's hands for good. they say --

>> there's no justification for leaving the power in the nsa's hands. the trump administration is considering whether to shutter the program for good, shep. >> shepard: jen, what impact did edward snowden have on the program? >> snowden's stunning revelation raised so many privacy concerns that congress passed the u.s.a. freedom act in 2015 requiring the nsa to use the fisa court for permission to obtain american citizen's call records. the compliance issues that resulted along with the changes in the way that people and terrorists in particular communicate using encrypted apps for instance has meant that the program is no longer as useful as it may have been when first started after 9-11. the aclu says it was never shown to be very effective. there are some indications that it has not been used for the

last six months. former national security officials say it's a compliance nightmare. some say snowden's revelations may have prolonged a program that was becoming cumbersome and outdated, shep. >> shepard: thank you. the u.s. military reports two american troops were killed today in afghanistan. the military has not released details. yesterday the secretary of state mike pompeo visited the capitol city of kabul where he said washington was hoping to get a peace deal done by the end of the summer. more than 2,400 u.s. service members have died after the attacks of 9-11, a mom in new jersey left dead after her son's bully beat her unconscious. he says he was pushing her 1-year-old in a stroller and walking with her son when the 13-year-old attacked her. it happened a week ago in

pasaic, new jersey. her lawyer is just releasing they photos. he says they were walking home from school when they realized three kids were following them. then one of them attacked. alicia acuna has the rest of the story. alicia? >> hi, shep. that mother is now speaking to the media about that moment she says she was attacked by a 13-year-old student from her son's school. she says she feels bad and sad and scary. she asked these kids not to bother her son because he doesn't bother them. you can see she's still healing from that attack. her attorney says it was a bully at her son's school that did this explaining that her 12-year-old son, of members san descent, was in the lunch room chanting mexicans should go back behind the wall. the attorney said that "we all come from immigrants" and he was threatened by the kids.

the mother went to the school and the student was suspended. later when she walked with her family, she said she was jumped. she spent two days in the hospital recovering from the attack. we have reached out to the school and the district but not heard back. shep? >> shepard: what are prosecutors are saying is next for the accused 13-year-old? >> we're following his suspension. his charged with assault according to the prosecutor's office. the attorney is calling this a hate crime. it was a brutal attack raged by a child whose heart was filled with hate. the family looks forward to this individual facing the consequences of his behavior. they're confident that prosecutors will work hard to ensure that this young man faces justice. as of right now, the suspect has been released to his parents pending a family court appearance. >> this young man beat a woman in front of her 1-year-old child

and her 12-year-old son. left her for dead. >> the school has come under scrutiny because it allowed the suspect to attend school the day after the attack until the mother complained. shep? >> shepard: alicia acuna live for us. the 5-year-old boy thrown from a 40 football connie at the mall of america near minneapolis is still in intensive care more than two months after the attack. that's the word from his parents. they say he's had serious complications and surgery for two broken arms, a broken leg, fractures in his face and school and the doctors have removed his spleen. the family is trying to raise money online for hospital bills. the stranger that confessed to the crime is now serving 19 years in prison for attempted first degree murder. he told police that he went to the mall "looking for someone to kill" because he was angry about women rejecting him.

an identical twin accused of murdering her own sister and the victim is claiming she started it. ahead, the image that shows that reportedly snapped hours before it went down. that's coming up as the reporting continues on this wednesday afternoon. ♪

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5:30, 6:00 a.m. we don't know the details. police have not said if they were drinking, partying, arguing through the night. you mentioned the photo she took. the sister anna took them. seemed like they had a good time. the caption of the photo says "you know the vibe." but now amanda ramirez says she's using a self-defense defense because she says her sister tried to go after her. police again have not released whether or not she had any wounds -- amanda had any wounds on her. they were saying this. officers arrived and located the victim on the ground and appeared she had been stabbed. she was taken to cooper university hospital. anna ramirez has four children, four sisters and the twin and three other sisters. she was a nurse practitioner.

the sisters were close. >> shepard: other cases like this. >> yes, but rare. another one in hartford, connecticut, a 12-year-old boy killed his sister and tried to go after the mom. said thing, they were close. one day he went after her. that case is still pending. a big case in the u.k. in 2014. two brothers, 34 years old. they were drinking beer, smoking pot. he grabbed a knife and killed his brother. he said he didn't mean it. he broke down in court and said we were best friends. i didn't mean to do it. we would often drink and get rough. this time it just happened that i took a swing and him and caught him in the right way. i didn't mean to kill him. >> shepard: did that defense work? >> no. he spent 13 years in prison.

they both had drinking problems. in california this work a 12-year-old boy killed his 12-year-old twin brother with a gun accidentally. the mother was taken to jail. >> shepard: accidently. good lord. poor family. >> yeah. >> shepard: nice to have you in town. look for you in the morning. >> thank you. >> shepard: police have released the last known image of a college student from utah. some photos now from the airport salt lake city of mackenzie lueck. a lyft drive pick her up and drove her to a park in the middle of the night. she got in the car with somebody else. the somebody else drove off with her. her family and friends have not heard from her since. police say security cameras at the park where lueck were last seen were dummies meaning they're fake and don't record

anything. tim dowd is here with us. thanks for being here. >> thank you, shepard. >> shepard: normally you work a case a few days and you have a gut. what is your gut about what happened here? >> normally we do. in this case we just -- we're stumped. we're not sure what happened. >> shepard: you know, the fact that the cameras were dummies is how manically unfortunate. is there anything in her search history, her i mails, social media, anything like that that might give you a clue? >> we have quite a few leads that we're following up on. this isn't the normal typical missing person with blood hounds. this is more of a digital search for a person. we're combing through the digital evidence that we accumulated and looking through her life. >> shepard: chief, it's been widely reported and come to your

attention that she may have had some friends on a dating app and that this may have been a rendezvous in a park with somebody she knew online. can you knock that down or comment on that at all? >> in this day and age, dating apps are common. we want to make sure we're following up on all of those leads. we're using all of those tools to follow up on any leads of anybody meeting with her, whether it was on a dating app or someone she met on a plane or someone she met at school. >> shepard: so you have access to her digital history? >> we do. >> shepard: if you have access to her digital history, was there a moment when she said to someone else, i'll meet you in the park? >> we don't have that. we don't have any of that. we know she was texting someone at the airport. and we're just trying to follow up on that right now. with these apps nowadays that

you can secure down that are secret, you is can have different identities, it's hard to track. >> shepard: you know she was texting someone because there a digital photo of that? >> yes. >> shepard: if there's a digital trail, you know the owner of the phone with whom she's communicating. >> we sure do. >> shepard: have you spoken with that phone? is that person cooperating? >> they are cooperating. we have spoken with them. >> shepard: is that a person of interest? >> we don't have any persons of interest right now. everybody is in the game. we don't want to rule out anybody because we haven't found any evidence that anything happened to her. foul play-wise. just very concerning that she's missing for this long and she's just completely dropped off the grid. >> shepard: no sign from any of her family and friends that she was in any kind of distress at all. no sign that she would leave

open her own volition that she was trying to escape something. none of that, right? unless our reporting is wrong. >> none of that. we continue the reach out to mackenzie in case she's one of those people that don't want to be found. we have not heard from her. we went to reach out to her again to say, if you're out there, let us know you're okay. >> shepard: of course, her friends and family tell us that she's not the type to go to a park at 3:00 a.m. and meet up with somebody she didn't know. that she would have to know whoever it was. likely whoever it was came out of that phone, came out of the digital world, not out of the physical world is. that the working theory? >> that's the working theory right now. it's not like in her character to drop off the grid. i don't know why somebody would meet someone at 3:00 aa.m. in te

park. >> shepard: chief doubt, good luck. thank you. >> thank you, shepard. >> shepard: breaking news. another american dead in the dominican republic. this is new. the man was on a jet about to head home when he got sick. so sick that he was taken off the plane and later died. the breaking details are just ahead. also, a mother of five missing in connecticut. her husband accused of tampering with evidence. today new, he had a message for the couple's children. that's next. when your psoriasis is bad, it can be hard to see what's possible. but the possibilities become clear with taltz. the first and only treatment of its kind offering a chance at 100% clear skin.

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>> shepard: the estranged husband of the missing mother in connecticut. the estranged husband has sent a message to their five kids. his name is fotus dulos. he spoke in court today. >> mr. dulos will make a brief statement now. >> i want to tell my children that they're constantly on my mind and that i love them and miss them very much. >> jennifer dulos has been missing more than a month now. the man you just heard, the father, fotus dulos and his girlfriend have pleased not guilty to tampering with evidence and more importantly, hindering the prosecution. see what is happening here in investigators say cameras caught a couple matching their description driving around hartford, connecticut dumping garbage bags of stuff in trash bins. investigators say the bags contained clothes and sponges

and other household items splattered with the missing mom's blood. the husband's attorney says this is a revenge suicide plot or staged disappearance. a spokesperson for the mom's family calls the theories ludicrous. laura ingle is reporting live outside the courthouse. laura? >> shep, things got heated inside family court today as three sets of lawyers argued over the contents of a psychological exam and report done on the dulos family earlier this year in regards to the couple's longstanding divorce and custody battle. fotus dulos who is out on bail, in this case has been fighting for access to his five children that he shares with jennifer dulos who has been missing over 30 days. his lawyer, who has talked about some of the report findings,

says he needs the record unsealed to show jennifer dulos' state of mind before she went missing. the hearing was called by the court-appointed guardian of the five children that accused the lawyer of revealing some of the contents that is considered confidenti confidential. in a hearing, the attorney for jennifer dulos said he was a palled that they had the report. he also spoke outside of court today. >> we will continue with our investigation the next several weeks. we're pursuing numerous leads. you heard us say today in court, comments that jennifer made to mr. dulos that give us great concerns for her safety and well-being. we're contemplating a suicide hypothesis as an explanation for her disappearance. >> over the last few days, fotus' lawyer has exploited the

gone girl theory saying that jennifer dulos may have staged her own disappearance to frame her husband. the psychological report was sealed and only available to the attorneys involved and the judge told them that they cannot talk about what is in it, shep. >> shepard: this fotus dulos, the father, has been trying to contact his girlfriend who is out on bail. >> that's right. we've been hearing from his attorney that he wanted clarification from the court if he's allowed to make contact with her. all the attorneys have told those two that they shouldn't be talking to each other. the attorney said he was going to get the clarification. her attorney filed paperwork yesterday, late yesterday saying she wants no contact with fotis dulos and his attorney and wants to travel out of state while she

waits for her next court appearance. she wants to spend time with a childhood friend: fotis is expected back on august 2. shep? >> shepard: laura ingle live with us. thank you. sometimes it just is what it appears to be. >> that's right. you've seen norm pattis, the lawyer for fotis dulos. he's also the attorney for alex johns. he's been vocal in the press. he's been floating this gone girl theory prior to putting out the revenge suicide theory. pattis is saying that jennifer's past led to the perfect storm. he's saying really it's a smear campaign, that she had a history of substance abuse, psychologically impaired at the time that this took place and this let to this framing of her soon-to-be ex-husband. we heard this was a contentious

divorce. if you look at the facts, everything points in the other direction. look at his background. he has a checkered background. jennifer is on record saying she's been fearful for her own safety, for the safety of her children. everything points to him? and the photos what appears to be the father and the girlfriend dropping bags of her blood all over the place. kidding me? >> shepard: yes. we don't have a body -- >> that's why you tonight have an arrest. there's been arrests but no homicide charges. as you noted previously, michelle and fotis have been charged with evidence tampering. it's an investigative device that police use. they can monitor him and -- >> shepard: and he's trying to get in touch with his girlfriend. they're not going to let that

happen. prosecutors try to get one party involved into flipping. in other words, where is that body? >> that's right. the longer they can keep them separate, the better they are for law enforcement. >> shepard: and they're doing their best to keep them separate. and they probably can for quite a while. >> for sure. connecticut police have come out saying this is top priority. they're working day and night to find that body that is rule number 1 in any investigation. i hate to say it, but they should find the body to move forward. >> shepard: caroline, thank you. >> thanks. >> shepard: bottom of the hour, top of the news. robert mueller will testify in public before the cameras on capitol hill next month. it's coming. we're already getting reaction from lawmakers on both sides. there is lots of news still to come. are you a veteran, own a home, and need cash? you should know about the newday va home loan for veterans. the newday va loan lets you refinance your mortgages,

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tonight's first of two democratic presidential debates. it's been miami. locals have watched as my grants die in the florida straits. now the wrenching photo on the banks of the rio grande. this photo is deeply disturbing. we're about to put it on the screen. the journalist who lives in mexico captured the image. here it is. oscar martinez and his 23-month-old daughter, angie, died trying to cross the river. the young family from el salvador escaped extreme poverty. they stayed in a migrant camp for months. according to the associated press, they presented themselves for asylum. they were told the process would be a very long one. desperate, they went to cross the bridge to present themselves.

authorities told them the bridge was closed. so they swam. his wife said the toddler was on his back. the mother followed by tired. she went back to the mexican bank. when she turned, she says she saw her husband and daughter sink and get swept away by the current. as the times observed quoting here "the i'm my knowledge represents a poignant distillation of the perilous journey migrants face on their passage north to the united states and the tragic consequences that go unseen and the loud and caustic debate over border policy." authorities found two babies, a child and a woman all dead of heat stroke in the rio grande valley. of course, it is legal to present yourself for asylum in the united states.

legal under american and legal under international law. but current policies are forcing some that are desperate back home to take the chance at crossing the river. laws criminalizing unauthorized border crossing date back about 90 years. but the bush 43 administration started enforcing them after the attacks of 9-11. the obama administration kept that going. the trump white house has cracked down further. the administration has separated children from their families and slowed the ability of migrants to apply for asylum. in congress, both sides of the aisle agree this cannot continue. lawmakers have not reached an immigration deal. ron johnson says this image should be a wake-up call. >> i realize tragedies occur all over this country, all over the world. i don't want to see another picture like that on the u.s.

border. i hope that picture alone will show this congress, this senate, this committee to do something. >> shepard: they could allow people seeking asylum to present themselves as they have forever in america. congress is trying to pass emergency funding but it does not look good. the senate rejected the house version and passed one of its own. it's not clear the president would sign the thing even if it can make it through the house, which it can't. now those vying to replace president trump are discussing both the photo and the issue on the campaign trail. 20 of them will face off in miami. tonight, senator elizabeth warren, highest in the polls of this group will share the stage with beto o'rourke, cory booker

and others. tomorrow, we hear from joe biden, bernie sanders along with the rest of the field here. candidates will have 60 seconds to respond to questions with a 30-second follow up. will that be enough time for a contender or two to separate from this sprawling field? let's go to a.b. stoddard, an associate editor an columnist and real clear politics. it's been awhile since's seen an image so explode in the national discussion, social media and otherwise, including these candidates. >> well, shep, it is an incredibly disturbing image and incredibly disturbing story. they did try to go through the system legally and in desperation attempted to enter illegally and didn't make it. others have died making this journey. but it comes at a time where

we're getting all of these accounts of what is taking place with the families that are live and the children being separated from their parents and held in detention inhumane conditions. unbathed, no bed, no soap, no toothbrush with the government spending $775 per kid per day to run these facilities where they're abusing the children. there's a big outcry over this. the president is denying this is his policy. he's made every illegal crossing a grounds for separation. so families have been separated since this was announced in april of 2018 as a policy ofder terrence to stop the crossings. the crossings have only increased. so there's bipartisan outrage about the conditions the kids who have -- who made the journey and survived the journey are in because they're separated,

traumatized and being treated in inhumane ways. this is, as you mentioned, a debate in congress just about emergency funds. this is not a way to look at our system. this is what president trump is demanding. he wants to reform criteria for entry on purposes of asylum. the democrats do not want to have that conversation. they're trying to get soap and toothpaste to these kids but they don't want to give money for a wall and they don't want to give him money to do anything further that would separate families or, you know, extend this cruelty. so it's a big fight about how the money will be spent. i hope they can pass something. i hope they can get these resources to these kids. the debate over how people enter this country and why and who gets to stay is not going to be resolved before the election. that's for sure. >> shepard: the process in

mexico when they come in to mexico and go to seek asylum at the border, the process of presenting yourself has changed. the process now is lists are kept haphazardly. there's no official lists in many cases. people are told it's going to be a long time. at which point they go to migrant camps where the temperatures are over 100 degrees. there's not adequate anything for anyone and hope that they will be pushed back to wherever they came from. that was probably the hope. but they're not going back. they're not going back because it is horrendous where they came from. through the history of this nation, we have seen give us your tired, your poor and your huddled masses. that's what we've seen as a society to people who were in a position where they cannot or their children cannot survive. we have always since the dawn of this nation said then come, we'll figure this out. since the dawn of this nation

every time those communities have come here, they have made america better. we've always said yes. we have said if you're -- if you're in the right place, if your heart is in the right place and your idea is in the right place and you want to come be a part of this grand experiment, we want you here. when did we change that? how do we get it back? >> there is a problem with a huge escalating increase in destabilized populations word wide and an increase in refugees worldwide in this hemisphere, in venezuela, three million and four years alone. if we have a situation where we cannot absorb the refugees come from the northern triangle countries, where we have

rescinded the aid, we have to sit down and have a sober conversation without accusation and discrimination about what we can do to have a more limited system of entry that treats everybody fairly and doesn't traumatize and abuse children. so that is a different conversation than pretending that everyone that is coming is an ms-13 criminal, bringing fentanyl over and illegal part of the border that should be walled. that's a debate that will happen in the election, but we won't see a legislative solution before the election. >> shepard: a.b., thank you. >> thanks, shep. >> shepard: more news next. you. "i am here." aim to say that more with aimovig. a preventive treatment for migraine in adults that reduces the number of monthly migraine days. for some, that number can be cut in half or more. don't take aimovig if you're allergic to it. allergic reactions like rash or swelling

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>> shepard: robert mueller is set to talk to lawmakers three weeks from today. the chairman of the house judiciary and intelligence committee says it will be public testimony before both sides, cameras and you can watch it live. here's what robert mueller said about his report and what he would tell congress. >> we chose those words carefully and the work speaks for itself. the report is my testimony. >> shepard: mueller investigated

moscow's possible coordination members with president trump's campaign and whether the president obstructed justice. in a nearly 450-page final report, mueller laid out his findings and said he could not exonerate president trump of committing a crime. the chief intelligence correspondent catherine herridge live from washington. >> the democratic chairman of the intelligence committee sent a letter and subpoenas securing public testimony from the former special counsel, robert mueller, as well as a closed session that is anticipated for classified discussions. >> just that he says what was in the report and says it to the american people so they hear it will be very important. because they have been subjected to months of deception as to what was in the report by the attorney general and by the president. >> house republicans say they're eager to pin down mueller on the fbi's relines on the dossier and

how there was no criminal conspiracy between the campaign and russia. >> at the end of the day, it's going to reinforce what the report says. everybody has had a chance for two months to read it. it says what it says. it won't say anything different. what we're going to find out is the dark belly that started it all. >> both sides will drill down on this statement from mueller last month about alleged obstruction. >> under longstanding department policy, a present president cannot be charged with a federal crime while he was in office. that is unconstitutional. even if the charge is kept under seal and hidden from public view, that too is prohibited. >> democrats say a legal opinion known as an olc memo stopped charges from mueller bringing charges. but there were other factors that weighed against it. democrat announced the testimony less than 24 hours before tonight's debate after weeks of back and forth with the special

counsel and his staff, shep. >> shepard: catherine, thank you. >> you're welcome. >> shepard: president trump's son-in-law, jared kushner, has done a sit-down interview with fox news during a trip to the middle east. trey yingst reporting live in bahrain where he asked kushner about the plan for peace. trey? >> shep, that's right. the trump administration wrapped up their peace prosperity summit in bahrain. the plan focuses on gathering and spending $50 billion over the next ten years on palestinian infrastructure projects and creating up to a million palestinian jobs. we sat down with jared kushner today. he was optimistic about the plan but you have to remember, there's a political side to this plan that has yet to be released. the big problem here, palestinians in gaza say they're

not willing to sit down and have discussion with the americans about peace unless east jerusalem is recognized as the capitol of their state of palestine and there's a two-state solution, this is something that jared kushner discussed in the interview. he said this week he's been receiving positive feedback from the palestinians about this plan. take a listen. >> the people in gaza and the west bank are paying close attention. we're hearing from the people. they're impressed with the vision. happy -- >> who have you been in touch with? >> it would put them at risk. one of the things with me i don't disclose the discussions. >> i'm asking if you spoke with civilians or political figures. >> both. >> shep, i spoke after that interview with hamas inside gaza city. i spoke with the palestinian authority. none of the leaders i spoke with were aware of any communication this week between the trump administration and any political figures. one note out of our sit down,

kushner spoke about the tension with irans saying it would be iran's worst nightmare if this succeeded. >> shepard: tell us more about your discussions with hamas leaders. >> we spoke with senior officials today inside gaza city. a number of sources that we keep there to get their latest updates about the situation, whether it's cease fires unfolding or other larger peace plans like what we've looked at here. i want to read you quickly a text message from a senior official in hamas texting me this from gaza city. yes, we read it comfortably and we're impressed but negatively impressed how naive and his team, how ignorant about history and politics. he mad a good power point lecture. that's the language between hamas and bahrain. it doesn't seem that they're on board when it comes to this

summit or any of the economic plan that was released by jared kushner. shep? >> shepard: breaking news. a word of another death in the dominican republic. family members tell fox 31 in denver a man has died after getting sick after vacationing in that caribbean nation. khalid adkins was there with his daughter when he suddenly got -- became ill last sunday. doctors in santa domingo said his kidneys were failing. 12 other americans have died the last year after getting sick in the dominican republic. officials inside the cases are not related. the massive fire that burned the cathedral of notre dame in paris may have started because of a smoldering cigarette. that's the word from prosecutors investigating the fire. in one of the several theories that they are considering including possibility of a power failure. they also say they don't believe that anybody intentionally set the fire. the final bell is ringing on

wall street. we're in the green if only by a sliver but green is good. neil cavuto is the best in business. you can take that to the bank. he will have the business news and the rest of the day's headlines after this. e good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. we're the tenney's and we're usaa members for life. call usaa to start saving on insurance today.

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>> neil: it's all for the money now. president trump is off to osaka for the g-20 talks and particularly on the china trade tiff. are we getting closer to a deal? they were a lot of factors that hint that we are. kristin fisher at the white house on some of those hints of a deal that might not be immediate, but could be in the works. kristin? >> president trump is optimistic that he can cut a deal with president xi jinping on the sidelines of the g-20 summit. if they cannot cut a deal, president trump says he has a