our local fox affiliate getting details on the shooting incident. we're told investigators are on the scene. it is 6:00 in california. we'll update you on the situation. another fox news alert on the state of jobs in this country. number of americans filing for unemployment dropping to 365,000 last week is being reported as the first drop in about a month but it is not all good news. we'll take you in the numbers right now as we start here. i'm bill hemmer. good morning and welcome to "america's newsroom.". martha: good morning on this thursday morning everybody. i'm martha maccallum. we have this new jobs number that just out. better than number analyst were looking for. some say this number is a bit skewed in context of recent weeks. bill: stuart varney goes inside the numbers from the fox business network. good morning to you. >> good morning, bill. bill: first the headline. >> the headline looks good because the numbers of new faces on unemployment line is down. but look more closely.

they keep revising upward previous weeks and previous months, to show more people on the unemployment lines. the result is the actual trend in a number of new claims for jobless benefits is rising, it's going up, not down as the day-to-day headline number suggests. bill: you're saying to truly understand this, you need to focus on the revision? >> yes. look at the revision and look at the trend for the last four weeks or last six weeks, whatever but look at the recent trend and that is upwards. more and more people are claiming first-time jobless benefits, not less and less as the headline would immediately suggest. bill: i see. the four-week average is higher than anyone wants? >> yes. bill: tomorrow is the big monthly jobs report. what is expected. >> all-important market-making breaking very important politically. it is the big number. it is the jobless rate and number of new jobs created in the month of april. you have to look again look within the numbers here.

the important number, how many people dropped out of the workforce. we have a trend of literally millions people droing out of workforce. that allowed the unemployment rate to come down. will we see that tomorrow? we don't he in. bill: seems like we flat-lined. not getting much worse or not getting much better. we're moving in an area no one wants. >> it is a rotten recovery in terms of employment period. bill: see you at 9:15, fbn stuart. martha: we'll look at jobs number where we are now and what the numbers should be to a healthy economy. brand new first time filings for unemployment came in this morning at 365,000. there is the today number at end. line. down a little bit from the last weeks where we saw a up tick. as stuart said the number is skewed because they revised earlier numbers up as well. look at yellow line. that is 375,000. that uppermost end where you want to be to start to develop jobs in this economy. really 350, 325 would be a

real job-generating line on this chart. so we're still well above that number as you can see. 317 is back where we were in december of 2007 before all of this got started a little perspective on that number. bill: another discouraging sign, martha, for the economy, retailers reporting sales for april. consumer spending slowing down yet again. cool weather, early easter said to dampen shoppers enthusiasm. can you blame it on that. major retailers costco and target also posting disappointing sales. also we're getting brand new numbers showing how the economy is playing with voters in some of the key swing states in 2012. quinnipiac university a new poll out today, majority of voters, florida, ohio, pennsylvania, watch those three states still believe we're in recession. highest percentage in florida. 70% of the those polled in florida believe that is the

case now. martha: how are the candidates doing in these all important battleground states with this economic background going on out there? new numbers show if the election pennsylvania voters would send president obama in the white house. 47-39. president has strong numbers in pennsylvania. look at ohio, some consider it may be the state to come down to. romney catches up to the president there, 44-42. that is within the margin of error. that is called basically a tie right now. look at florida, the third in the big triumvirate, too close to call in florida. 43-44 with romney getting a slight edge in that state. boy, this is getting interesting, huh, folks? we have a got a new twist to tell you about this morning in the case after blind chinese activist. he is reportedly saying he wants to ride back with

hillary clinton when she returns from beijing. she is there for very high-level meetings. state department is saying chen has a change of heart on this and he wants to leave china with his family. peter doocy is live in washington. this has gotten very intense and a lot of different stories flying around who encouraged him to leave the embassy which is very tense situation for the united states and for china. peter what is going on? >> reporter: well the u.s. ambassador to china says he didn't tell chen to leave. we don't know completely why he has the change of heart and wants to come here the we just heard from a senior state department official that their understanding that the best thing for chen and his family may be changing but the u.s. doesn't have a full view at this point what chen wants to do. it was yesterday that the chinese and u.s. governments had a deal all worked out would have relocated chen to a new home on the coast in china. the u.s. ambassador to china chen was excited about it. he said quote, weed is him what did he want to do?

did he want to leave? was ready to leave? we waited several minutes, jumped very excited and said, let's go in front of many, many witnesses. that is no longer the case. at this hour chen is at a china niece hospital undergoing tests by chinese doctors trying to leave with the u.s. delegation, martha. martha: what about the idea of leaving and coming back with hillary clinton on our official plane. any possibility we would see that happen? >> reporter: we don't have any information about that but the last time she saw secretary clinton she certainly sounded sympathetic to his cause. >> the united states raises the importance of human rights and fundamental freedoms because we believe that all governments do have to answer to citizens aspirations for dignity and the rule of law and that no nation can or should deny those rights. >> reporter: u.s. senator kelly ayotte relates a statement moments ago,

saying chen has now expressed a desire to leave china with his family. the u.s. should offer chen and his family political asylum in america. the state department will keep talking to chen and his wife throughout the day today. martha: he said he wanted to kiss hillary clinton when he heard some of the supportive words she said about him in the past. this is ethical issue come up for our government. we'll see what happens. peter doocy, thank you very much. bill: sad story to report now. friends and family, fans across the country stunned, mourning the death of one of the greatest defensive football players of our time. police believe retired nfl linebacker junior seau killed himself. his girlfriend finding him unconscious yesterday with an apparent gunshot wound to the chess. dozens of friend and family later gathered outside his home where his mother appeared before reporters in tears saying her son gave no indication that anythin was wrong.

>> love you junior. >> show your love to my son. >> love you, mama. >> union is junior never do nothing to you guys. but i say today thank you. i appreciate it. you show your love to my son. i don't understand who do this to my son but i pray to god, please, take me, take me to my son but it is too late. too late. that's all i say. thank you. thank you so much. bill: really have to feel for that woman. junior seau was only 43 years old. if suicide are turns out to be the cause, seau would be the third former player to take his own life, the same way, gunshot wound to the chest in a little more than a year's time. it was about a year ago when he drove his suv down into a

beach off a cliff in southern california the they ruled at the time he had fallen asleep at the wheel. clearly junior seau had things going through his head he was not able to work out. we'll talk to a specialist next hour. martha: whether any of this is concussion related and there is big suit against the nfl for concussion related injuries. we'll talk to a doctor. your heart breaks for his mom. the outpouring of grief in that video. those are just a few of the stories. we have a busy morning here folks in america' newsroom. we have brand new information on al qaeda and usama bin laden in documents that were just released moments ago, very interesting details. what we're learning now. that's coming up. bill: another emotional day in court. why john edwards' daughter left the trial in tears and went outside. martha: big testimony in that yesterday. and mitt romney saying a vote for obama is a vote to go back in time. why romney is comparing president obama to a

previous one-term democrat who might that be? think about it. we'll be right back. >> who would guess we look back to the carter years as the good ol' days. [applause] are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

bill: 13 minutes past the hour, mitt romney about to pick up a key endorsement from tea party favorite michele bachmann. she will join romney on the trail today. what will that do for him. former presidential candidate, herman cain is here to talk about it. he has a brand new book, of all things, 9-9-9. a subtitle, army of david. herman cain live in atlanta, your hometown. good morning to you, and welcome back. >> good morning, bill. happy to be here. bill: we'll see michele bachmann in 45 minutes. when are you going to endorse mitt romney or are you? >> well my actions speak louder than words. for last several weeks i've

been talking about mitt romney is presumptive nominee. my weekly commentary people can find at herman cain.com. talks about nine bad decisions, go figure, at that whoever the nominee is i will get solidly behind him. so i have been speaking on helping to unify the party behind mitt romney. my actions i think speak louder than words. bill: actions do speak louder. but it is a simple word or words or phrase, i endorse. why not go there? or are you saving that for a date later? >> let's say that i'm saving that word for later. secondly, i don't want to steal representative bachmann's thunder because she is going to do a formal endorsement today. look at my actions is what i'm basically saying and i think people are hearing my actions and speeches and commentaries that i'm doing on behalf of mitt romney. bill: what do you think a michele bachmann endorsement

does for mitt romney? >> i think it sends a message that she has gotten past the republican primary campaign like i have, like newt gingrich and like all of the other candidates, other than ron paul. we've gotten past that. i think that as time goes on there is going to have to be some more healing. i think it make as statement about the ability of the republican party and republican presidential candidates to come together. so i'm delighted to see that. just like i've been out promoting mitt romney and many of the thinks i know he would not do in addition to some things he would dos a president. bill: you've been a critic of mitt romney's to a degree. michele bachmann has too when it comes to health care in massachusetts. how is that particular issue ironed out? >> i think it is ironed out this way, bill. mitt romney has said several times he will repeal obamacare. so for people to continue to focus on romenycare i think it is merely a distraction. mitt has said it during the debates. he said it after that.

he will repeal obamacare. he will lead that fight. and so i think that's what we should focus on rather than the fact that he was involved with romenycare. bill: the other thing you're focused on is this healing. you mentioned it in your second to last answer there. >> yes. bill: you met with mitt romney a week ago i understand? >> yes. bill: what sort of impression did you take away from him then? >> well the first impression is he prefers a turkey sandwich and i prefer a chicken caesar salad. because we had lunch together. bill: that is one impression. give me another one. >> the impression i got, number one, he is open, he recognizes there has to be some healing after this very tough fall primary process and he was very receptive to that. in fact he and his staff know that they have to do some things. secondly, he recognizes that in order to help bring the party together, it is going to have to be built around ideas. i haven't gotten him to embrace 9-9-9 yet but i'm

still going to work on it but he has sharpened his message. i think a lot of people have said they have started to see that already. then the other thing that impressed me about meeting with mitt that he is listening. he is ready to listen to a lot of different perspectives in order to help defeat barack obama. so i walked out of the meeting optimistic about his, his willingness to not only listen to people but to embrace some of these other good ideas that i have. bill: words only, short of an endorsement. quickly on the subtitle of your book an army of david's, what does that infer? >> yes. washington, d.c. is broken and this nation is broke and the american people are going up against goliath. so this book addresses our biggest domestic problem, the economy but it's going to take an army of davids, namely the people, that is going to force change from the bottom up and that's why i subtitled my book, 9-9-9 and army of davids because

we the people are going to have to force major change in washington. bill: you can buy that book for how much? >> 19.99. what a coincidence. bill: take a cue. herman cain we'll see you in new york very soon out of atlanta. >> thanks, bill. happy to be with you. martha: sad steer coming out of carson, california we've been follow this morning of the death of an "ice age" end. we're waiting for a statement here moments away. we can now tell you police believe this was a domestic shooting and that the shoot wag shooting was done by his 14-year-old son. those are reports we're getting. his name is not being released in this case. we did hear from john morton earlier, the director of i.c.e., basically saying he was very sad to report it was a difficult time for the family and that everyone at i.c.e. was keeping them in their thoughts and prayers. we'll stay on that. we'll get latest as it comes in. we're awaiting new testimony in the john edwards corruption trial as the latest scene in court

has edwards' daughter leaving that courtroom in tears as her father called after her, kate, kate, as she started to turn and leave that room. let me tell you, this was very intense in there yesterday. a former aide decribed a very ugly fight between elizabeth edwards and john edwards. listen. if there was a pill to help protect your eye health as you age... would you take it? well, there is.

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bill: 20 two minutes past the hour now. investigators saying a rare strain of bacteria may have killed a researcher at a veterans' affairs lab in san francisco. the 25-year-old man died over the weekend after asking friend to take him to the hospital. also in california a college student now filing a $20 million lawsuit against the dea. this after the agency left daniel chong in a holding

cell for five days without food or water. and history yet again in major league baseball. what a season it has been. roll it. >> lifts one out toward right. tor hunter giving chase. weaver has no-hit the minnesota twins. bill: almost went out. major league baseball pitcher with a no-hitter. second in two weeks. jared weaver of anaheim, beat the twins, 9-0. nice story. well-done. martha: coming from this courtroom there was a gut-wrenching exchange in the john edwards corruption trial yesterday that caused his daughter kate to leave the courtroom in tears after her father apparently turned to her said do you want to leave? this could get worse. a former campaign aide described an awful, awful fight between elizabeth and

john edwards during the 2008 campaign when all this with the affair started to come to light. in court edwards turned to his daughter in the gallery said, i don't know what it coming. you want to leave? kate reportedly stood at that point crying and walked out of the room. john than serrie live in the courthouse in greensboro. he has had a front row seat for what has been extremely emotional trial thus far. what are we expecting this morning, jonathan? >> reporter: martha, later this morning we expect former campaign staffer matthew nelson will return to the witness stand. he had some gripping testimony yesterday afternoon describing that argument between john and elisabeth edwards. the portion of the argument that he witnessed was apparently in a car that he was driving. he says during that argument mrs. edwards grabbed her husband in a sexual way, demanding quote, is this what you do in new york city and mr. edwards responded, not in front of our friend.

mrs. edwards said, they're not our friends. they're our staff. another former staffer, christina reynolds says mrs. edwards confronted her husband in a private aircraft hangar where the breast cancer patient pulled her blouse off and skreeled, you don't see me anymore. martha? martha: it is just the most painful exchange to read through and think, cate edwards sitting there next to her dad and also his elderly parents who have been in this courtroom throughout this whole thing as well, really, really rough stuff in there. so what did the witnesses say about rielle hunter's reaction to this national inquirer article when it surfaced and sort of blew this whole thing out in the open during the campaign? >> reporter: yeah, and prompted these arguments by all accounts. christina reynolds was on the stand yesterday when prosecutors asked her how rielle hunter wanted to respond to reporters from the tabloid? according to reynolds, quote, she wanted to comment that she was abducted by aliens.

the prosecution followed up and was the campaign concerned about what she would say? reynolds replied, we didn't know what she would end up saying. senior staffers were apparently concerned rielle hunter was too public even before learning about the affair. former campaign aide job brum berger searched rielle hunter's name on martha: problem with jonathan's linkup there. that was unbelievably emotional scene in that courtroom and you just think, you know, how incredible that whole thing has been. we'll take a quick break. ah, welcome to hotels.com.

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bill: here we go now with this fox news alert. there were documents seized during the raid that killed usama bin laden made public today. they will give us a never-before-seen glimpse of bin laden's life and workings of al qaeda. our chief intelligence correspondent catherine herridge is live on that in washington. what will we learn from these documents katherine? >> reporter: that you have, bill, good morning. we obtained a copy of the report about the terrorism center and about an hour ago and we've been pouring through it. so far we know there are 17 documents and 175 pages of bin laden's writings and correspondence in arabic. they range in date september 06 to april of 2011. so just on the eve of the

raid by the seals. what is key here he was corresponding with the who's who of al qaeda outside of pakistan. he was talking to american adam ga dan and leaders of the al qaeda affiliate in somalia and al qaeda affiliate in yemen and head of the pakistani taliban. this really reinforces the reporting we've been doing at fox over the last year that bin laden was isolated in compound but really very much a micromanager, trying to shore up these different affiliates, bill, to follow his lead. bill: now when the raid happened and he was killed there were some critics who were saying, listen, you're giving out information on safe houses all over the middle east and the world and this is critical information that should not be made public at that time. making this public now, are we sacrificing any secrets, catherine? >> reporter: just based on what i have read so far, bill, doesn't look like we're really sacrificing in any secrets in the sense this has been pretty widely reported since the raid.

one of the main headlines which caught my attention this morning in the writings that bin laden was extremely frustrated with the affiliates, especially al qaeda in iraq for its suicide bombing campaign that killed so many innocent muslims. we have a quote from a letter in 2010 where bin laden was really suggesting that al qaeda turn the page. reads in par, i plan to release a statement announcing we are starting a new phase to correct mistakes we made in doing so we shall reclaim, god willing the trust of a large segment of those who lost their trust in the jihadis. other bottom line, so far, in there were different schools of thought how bin laden should really relate to these affiliates in yemen, somalia and north africa. adam gadan, the american felt that the core leadership of al qaeda should really disassociate themselves from these groups. there was another group of thought they should build them, leverage them to broaden their base. and bin laden had a different school of thought. he felt he would continue to

advise them even though it seemed that advice was falling on deaf ears, bill. bill: fascinating stuff. catherine, when you get more headlines come back. >> reporter: i will. bill: catherine herridge in washington. martha: we have a breaking news situation that just started crossing the wires just moments ago. we want to get the initial information out there right now. it is happening in pet at that lumina, california, we're told three homeland security officers have been shot and taken to the hospital with serious injuries. there are no reports on suspects at this moment. i want to make it clear to everybody who may have heard a couple stories out there this morning, this has nothing to do with the "ice age" end murder we covered for you several minutes ago. that is a separate case. this is three homeland security officers who have been shot in pet loom ma, california. there is massive amount of law enforcement on the ground, all hands are on deck to find a suspect in this case. three officers from homeland security shot, serious injuries according to these

reports. we're waiting to get any information we can on their condition or the hunt at this point for a suspect and what they know about what happened here. so, that will be continuing story throughout "america's newsroom" this morning. we'll get back to that in just a little while. in the meantime we'll head back to politics now and mitt romney has been invoking president jimmy carter a couple times really in the past few days on the campaign trail. is this an attempt to tie president obama to the one-term democrat? first here is governor romney attacking president obama on the economy in this kind of reference yesterday. listen. >> what the president did was one item after another make it harder and harder for small business to thrive and to grow and to start up. it was the most anti-small business administration i've seen, probably since carter. who would have guessed we would look back as carter years as good ol' days, huh? [applause] martha: that was a small business event. a lot of women entrepreneurs franking the stage behind

mitt romney there. two days earlier, here is mitt romney again answering whether he would have given the order to kill usama bin laden on a rope line. check this out. >> governor? >> yeah. >> would you have gone after bin laden? >> of course. >> you would have given the order, governor? >> is this the criticism from the obama campaign fair? >> jimmy carter would have given that order. martha: interesting moment captured there. is this jimmy carter comparison a part of the romney new strategy and is it apt? joined by rich lowery editor of "national review." christopher hahn former aide to senator charles schumer. both are fox news contributors. good morning, gentlemen. good to have you here. chris, give you first have at it. obviously there is thread line going through this and there is an effort on the part of the romney campaign to compare really i guess the president many people would say is the weakest president since world war ii. >> you know i think mitt romney could only hope to have kind of accomplishments jimmy carter had. but that aside i don't think the comparison matters to

any voter in america. nobody is going to tie barack obama and jimmy carter together and say that is why they're going to vote. if we're going to make care sons, look at mitt romney's weakness on foreign policy. i think right now the massachusetts national guard should be firing up the tank and getting the helmet ready with the big mitt romney sticker on it for him to start preparing for his commercials. that is the kind of foreign policy experience he has got. he has got none. i got to tell you something, he is making demeaning attacks on president obama and it's coming from a position of weakness and it is showing to the american voters why when you look at some of the swing state polls he is falling like a stone. martha: we showed swing state polls showed romney ahead in florida, thai in ohio and obama head in pennsylvania. rich, what do you think of the carter comparison is it good idea for romney camp? >> no analogy is exact. 1980 is a long time ago. the conditions of the country is not as bad. i don't know what accomplishments. double-digit interest rates.

recession from jimmy carter. revolution in iran. >> lasting peace in egypt. he was naval officer. >> reason why one-term president. being naval officer is not accomplishment as president of the united states. pretty much everyone agrees he was a failed president. if you compare obama to any recent democrat he is more like carter than bill clinton. if you subtract the first two years of bill clinton's term, obama-like, pro-business democrat who cut a budget deal with republicans that cut spending and cut taxes. and romney ultimately wants voters to render the same sort of judgment about obama that they did about carter he is nice guy he is sincere but not up for the job. martha: i think when i think carter, you know i think back to when i was a kid and looking at pictures of the long gas lines and you think of the iranian hostage crisis is. those are two sort of immediate images that come to mind when you look back to that period. now we have very rising and

difficult gas price situation right now. we have a lot of tensions and a lot of people think that the president has not had a firm enough hand with iran. so you know, those two things do seem to be somewhat relevant in the age we're living in, chris. >> i think of the only lasting peace ever achieved by a president in the middle east was achieved by jimmy carter. but, you know, we'll go on and on about this but when we compare to clinton and obama, clinton had a congress that was willing to work with him. clinton had a congress willing to compromise. clinton did not have a tea party did not understand the federalist papers and did not understand ambition must counteract ambition and we must meet in the middle. that is the difference between obama and clinton. has nothing to do with obama. obama has showed time and time again was willing to compromise. >> chris, come on. be serious. all the reporting about that budget deal has shown that it blew up when barack obama came back, pushed by the left, by the democrats in congress for an even bigger

tax increase. you can look it up. it is a big deal clinton cut with republicans included a cut in capital-gains tax because pro-business democrats realize high taxes on capital and investment is not good for the economy. >> this president has not raised taxes on a anyone. >> the president has plans for huge tax increases in 2013 when economy will still be weak. that is the european plan for the economic disaster. martha: rich, just in couple of words, do you think, if you were on the romney team, would you tell them that the carter analogy is good one and to keep it up? >> i would keep it up. i would have limited expectations for how much it is going to matter. ultimately this is a big debate about the economy and who has a better plan for it. >> carter had a core. romney doesn't have a core. we at least knew carter was about. >> weakness abroad and recession at home. martha: thank you, guys, see you soon. bill: there is breaking

bill: we're getting look at darrell issa's case against eric holder. we'll talk to darrell issa live in our program. martha: brand new information on that today. critics call it uncle sam's unlimited plan a government program that gives out phones. how about that, if you pay, if you pay your cell phone, for your cell phone, you, you're paying for this as well. for everybody else. good deal? buy me a cell phone? bill: it is a great country, martha. martha: cell phones for everyone. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

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including the fact that a preferred risk policy starts as low as $129 a year. for an agent, call the number that appears on your screen. martha: we take you back now to a situation unfolding in the ground in pet at that lumina, california, right now. -- petaluma. these i.c.e. homeland security agent were shot in california. they are in the process of

serving a high-risk federal warrant when this shooting broke out. three of these officers were taken to the hospital with serious injuries we're being told. this is separate incident from the domestic shooting that happened with an "ice age"ent in carson, california. hear is the scene on the ground. a ton of law enforcement turned out to figure out what happened in this case. they say that the investigation into that incident where they were serving that warrant, and the related criminal case are both ongoing. so the details about warned was for are. we'll keep you posted what happened with these --. ♪ bill: lawmaker set to introduce a bill to overhaul a program called lifeline. it was started years ago but provides free cell phones to people in need. sound good on paper but arkansas congressman tim

griffin calls it uncle sam's unlimited plan. it is wasting your money. look at one ad that runs in favor of the company. >> the telephone is one of the most important tools we have. it keeps us connected and south carolina lifeline can help eligible households get basic cell service through the local phone company at half the normal cost. bill: my next guest wants to change that. tim griffin. congressman from arkansas. welcome to "america's newsroom". >> good morning, i have numbers here that are stunning. this went from $488 million in 2000, to 1.8 billion in 2011. how did that happen? >> well, it's exploding and if i could say a few words about that. i want to clarify the lifeline program was started by the federal government decades ago to provide hard-lines, home telephone service to the less fortunate. and that is very reasonable. but, and my bill doesn't impact that. what happened a few years

ago is the federal government said, land lines aren't enough. let's expand and give out free cell phones. well, i think that's going too far. i don't think the federal government ought to be giving out free cell fence -- cell phones. what has happened, some folks are getting two and three, and 10 and 20 and 30 cell phones and you're paying for it. if you look at your telephone bill, you will see a line, on your cell phone bill, and it says universal service fund or universal service fee, you are you are paying a tax. bill: that is the fee that goes towards it. >> right. bill: i saw a report out of atlanta from cbs on this. i saw a report i think it was a fox affiliate on baltimore on this they had a woman who had five or six phones in your purse. how long did it take you to get that? she said about five or six minutes to acquire all of those. >> yes. bill: you make a bigger point in all this. you're suggesting if we can not change this program, what can we change as a

government? >> i mean this ought to be low-hanging fruit. this is easy. this is a situation, again, we're not talking about 100 million here or a 100 million there. we are talking about a billion dollars. the president's running around talking about the "buffett rule" which would have almost no impact on the deficit and bring in 5 billion a year. here's a billion that we can cut today because i don't think that we ought to be paying for people to have free cell phones. bill: you say it is easy. do you think washington can get this done? if they can't, what does it say about how government works today? >> well, let me clarify. it ought to be easy. i think, if you go outside of washington and talk to americans and in my district and elsewhere, they are outraged by this, outraged. here's the deal. folks aren't getting like basic cell phones. they're getting iphones. they're getting blackberries. they're getting stuff that

you and i are paying a lot every month and they're getting 10 and 20 and 30 --. bill: a great, country, isn't it? >> we have to stop this. can i mention we have individual yes -- videos. go to facebook.com/reptim space griffin. we have videos and learn a lot more. bill: we'll check it out there. thanks for sharing the story with us. we'll see if the bill gets any traction. tim griffin, republican from arkansas. what do you think at home about this? hemmer@fox news got come. and bya because you asked. go to our "america's newsroom" homepage as well. save a lot of money in the in kallum house. martha: we paid for our right? spirit airlines facing a online boycott. what they did to a veteran who has terminal cancer. did you hear about this story? you got to hear this. it has the public up in

arms. bill: we showed you a brand new video of a tour boat crash two years ago. it came out yesterday for the first time. the attorney going to court on this matter is here live to explain his case. what a tragedy this was in philadelphia.

bill: a grandmother now speaking out after what police say was a case of very poor baby sitting. sarasota, florida, where the sheriff says melinda merloni and her husband paul told their 6-year-old granddaughter in her toy car from the back of their suv. paul was drunk behind the wheel. deputies saw the stunt and arrested the cowell over the weekend. have a listen. >> we took this around the hitch of the truck and drove

about five miles an hour up and down the street with her. it was in the afternoon. had a few beers. no big deal, i didn't think. i thought they were just going to tell us we couldn't do it. give us a warning hey, this isn't very safe. maybe this is not a bright idea. she was all woo, woo all the time. i love my grandchildren around i would never put them in harm's way. bill: there is lesson learned, huh? how about that? the grandparents face child cruelty charges. and the grandfather charged with drinking and driving and driving with a suspended license. i mean you can't make that up. martha: no you really couldn't. really couldn't. she was all woo, woo having a good time. there's a new on line movement taking flight right now that is mounting boycott against spirit airlines. have you heard about this? thousands of facebook users are now protesting the airlines. there is of a the airline refused a ticket refund to a

vietnam veteran who found out that he has terminal cancer and could not fly. laura ingle is live in our new york newsroom. laura, what is the latest with the whole boycott part of this story? >> reporter: number of furious facebookers, siding with jerry meekens over the issue. that has jumped to nearly 17,000 this morning. that was up from 700 two days ago. the 76-year-old vietnam vet unhappy when the florida-based airline nixed his request for $197 refund after his doctor told him not to fly citing his deteriorating health. >> in my case i felt like i did not know that i was terminal when i purchased the ticket and i found out two weeks later and just asked, out of curiosity, how do we go about getting a refund. and they said there is no way. they wouldn't even change the name to my daughter so she could fly back and forth. it is just, unconscionable.

>> reporter: a nonscientific web pom on foxnews.com showed nearly 80% overwhelmingly support the veteran. he is telling fox he doesn't care about the money anymore. it is about the principle. hope the boycott grows. >> any sign that the airline policymakers may change their tune on this, laura? >> reporter: fox is trying to speak with the airline ceo. our calls were unanswered. spirit issued statement about refund policy. saying quote our reservations are nonrefundable which means we don't do refunds and we will not issue mr. meek kins a refund. we receive many similar requests every day and it wouldn't be fair to bend policy for one and not for all. martha. martha: could have saved a lot of trouble giving the old refund in this case. that is the not route they're taking. bill: this will draw new heat too. a new policy announced by spirit. will charge you 100 bucks for carry-on baggage for customers wait to check on

bags until they get to the date. current price is $45. that fee is significantly less for passengers that pay for carry-on when theying book online. martha: you know what say? that's the spirit. go for it. really friendly things going on there. all right, well the white house is sending a new message to the supreme court as it decides the fate of president obama's health care law. we will tell you what the administration is now warning about medicare. this is a very interesting tale. bill: fallout from "fast and furious." darrell issa laying out his case against eric holder. we have the exclusive details only here today on "america's newsroom." for three hours a week, i'm a coach.

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martha: fox news alert for you right no. new details surfacing in the fast and furious laying out congressman's darrell issa's case of contempt against attorney general eric holder. we have brand-new details that will be announced on this show moments away directly from him.

good morning, everybody, i'm martha maccallum. bill: and i'm bill hemmer. a letter with details sent to all members of congress, already today by the top investigators in that failed gun running sting. william la jeunesse is live. what is in the documents, william? >> reporter: this is the resolution that does recommend that the house find the attorney general in contempt for refusing to comply with the subpoena issued by the over saoeulgt committee. since 1975 only 12 cabinet officials have been sited for contempt and only one attorney general have been found in contempt. in the lots 30 minutes every member of that committee, republican and democrat has a copy in their possession for them to consider. that is not a finding of contempt, that requires a vote. it does layout the case why they have failed to comply with the subpoena and deny the committee those who could tell them what

went wrong with fast and furious and who tried to cover it up. bill: when can we expect all this to happen, william? >> reporter: sources close to the investigation tell us that the chairman issa would not have put his cards on the table, if you will unless he had the votes to get a contempt sigh teugs out ohis oversight committee and a nod from jon boehner boehner. other, however, say boehner and the house majority leader eric cantor are not on board. that is the hol particulars. here is the case. the mitty issues a subpoena in october. it demanded documents in 22 categories, and the contempt order says the department of justice has yet to provide a single department in 12 of those 22 categories. and it has failed to turn over any documents in three critical

categories. here they are. who at the justice department headquarters should have known about the could he-called reckless tactics used in fast and furious? secondly, how the department concluded that fast and furious was, quote, fundamentally flawed. remember in the beginning they denied it even existed or that it was wrong. and finally how and why the interagency task force failed. they are trying to find out why did the f.b.i. and the dea not tell the atf that the cartel bosses that the atf was looking for from the beginning was already on the federal payroll as confidential informants, untouchable, and unindictable, why on this task force did not one agent talk to another, which is exactly why you have a task force. bill: you've raised a lot of interesting questions. we'll raise a lot of these with

darrell issa and ask eupl why he this is eric holder should be held in contempt. the ball was rolling on this thing for a couple of weeks now. a week og leading members of the house said we'll give you a deadline by memorial day. they've turned the page on this. darrell issa later this hour live. martha: whether or not cantor and boehner are on board he will talk to darrell issa a little later. three ice officers have been shot. you're looking at a shot in petaluma, north of san francisco. a statement from ice says they were issuing high-risk warrants in an ongoing investigation and that's when the shooting broke out. their injuries are not life threatening, we can report to you. they do have a suspect in custody, that is also new.

this is not related to the apparent domestic murder of an off-duty ice agent that we reported to you earlier, that happened in southern california, that looks like a tragic domestic situation. this is a very much on-duty submission. bill: take you to southern california now, new details now on the murder of this off-duty immigration officer. police say the ice agent was shot and killed inside of his home earlier today in carson, california. that is near los angeles, and his teenage s-pb considered the primson considered the prime suspect in that shooting. >> the arrest was made in the murder of the ice agent. this was a domestic incident, and the male juvenile son was arrested. he's 14 years old. the weapon was his father's agency issued weapon. bill: this is what we also understand. the agent's son was the man who called 911 for his father.

police say the incident again not related to the recent shooting of the other ice agents in northern california. they are two separate in the golden state today. martha: the white house is warning the supreme court about what would happen if they struck down the healthcare law. that could happen as soon as next month. the obama administration has been quietly telling the high court that medicare would be in include the chaos if they rule against the signature legislation of the obama was. they predict, quote, extraordinary disruption to medicare's payment system if inch teed the diaw is turned down. steve hayes is a writer and a fox news contributor. they say if you shoot this day all hell will break loose, basically, a lot of people will

not get their benefits and won't get paid. what do you think about it? >> one is the legal aspect. they are making the case to the court. they are complaining the consequences of this kind of a decision, and it all hinges on the sever ability of the law. is the court able to preserve some parts of the car, medicare and medicaid changes if it strikes down the manned day the second part will be whether the administration and democrats in congress take this to the people, make the case more bodily if and when the court does strike down these provisions, they would be make much more of a political argument trying to suggest that it's the striking down of these things that will be to blame for whatever chaos we find. martha: let's take them one at a time. with the severability issue it seems to me it may be an effort to encourage them to dived the law. it sound like they are saying, if you shoot down the mandate, these are the reasons why you

really need to leave these other provisions intact that. could have a political implication, as well as that he are arguing a practical implication for people to not get -- their benefits not to be disrupted as they say. >> no question. the solicitor general argued that in court. that was the indicates h case he made. we need to retain these option, reform to immediate today indication and medicare even if you strike down the original mandate. the administration doesn't want to say that in public. in public they are saying we expect the entire law will be upheld there is no problem witness. behind the scenes they are making these other preparations. martha: there are also folks who are quoted in this report who basically argue the other case, they say that is not true. if indeed the court shoots down the entire thing the government basically already has provisions in place to continue to make this coverage and to not disrupt coverage as a result of this. congress can basically sign off on the payments being made,

right? >> no question about it. congress can do anything it wants. i would point to the actual eupl phra men taeufg implementation of the affordable care act to make that case. it is ironic to have lawyers say look at the chaos that that would sew because of payments that would be resrersd to those systems because when we're talking about in the first place is an overhaul that affects 70% of the economy. this is a small part of that larger change. martha: obviously the seniors vote and this is a way to turn to seniors and say, look, we are doing everything we can, the supreme court shot this down, if indeed that happens, nobody knows if that is going to happen. look at what we did to fight to make shower that your benefits through medicare were preserved through all of that. >> that is tut lee right. that iabsolutely right.

if the entire law was invalidated, there is no doubt they would make that argument, and they need seniors, president obama and his campaign to like to eat into that republican lead. martha: thank you so much. bill: a key state in the race for the white house. mitt romney in the swing state of virginia today, the state's governor there weighs in on why this state is so important in november. and what he would say to an offer of vice president. is that a ticket? we'll find out. martha: and a federal trial about to get underway in this deadly tour boat crash. the lawyer for the two victims joins us here in studio, what a story this is. bill: the apparent suicide of a former football star raising more questions about the concussions, and the amateur and professional level of the sport. >> it's really, really sad. >> he was a huge part of san

diego. >> i think he's a huge shorbgs hhuge shock, he was one of their best players ever. nobody wants to hear anything like that. whoa. right? get. out. exactly! really?! [ mom ] what? shut the front door. right? woop-woop! franklin delano! [ male announcer ] hey! there's oreo creme under that fudge! oreo fudge cremes. indescribably good.

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martha: could forest fires be the latest weapon for terrorists who are trying to wage jihad against the west? it sounds unbelievable, but that is what is being written about in "inspire" which is al-qaida's english-language magazine that offers detailed advice on how to start raging wildfires in america. they are urging times explosives and remote controlled bombs. they say montana would be a perfect place because of quote, rapid quote in wooded areas. two men started "inch fire" magazine. they were taken out by a drone in yemen last year. bill: we are off on the campaign trail in the state of virginia,

a critical state in november. mitt romney and the running mate sweep stakes. the former governor of massachusetts on the trial, bob mcdonald will be side-by-side with mitt romney in a few hours. how are you doing, sir? how are you doing? welcome back to "america's newsroom." >> thanks, bill, i'm glad to be on. bill: how do you we act when people say this is like a dry run or some sort of test run to see how the two of you work together, or look together on stage? >> i would say that is good media drama but that's not happening. we need a change of leadership in this country with our job picture, debt picture. we need mitt romney to be president. virginia is a swing state, probably one of the top five states. this is the first time he's spent sustained time before becoming the de facto nominee. we have him in portsmouth today talking about jobs and the

economy and i'm here to help him. bill: michelle bachmann will be there also to help him. there is all this talk about you being on a short list. you have a reputation of going after the deficits in our own state. you know how critical virginia is in november. barack obama one it for the first time. you specifically, what would you ticket? >> well, again, i'm not interviewing or auditioning. i've got pathic hen tree and whom as jefferson's job, it doesn't get any better than that, bill. 30, 35% of the independent voters in virginia will determine the out cox ou outcome of our election. it's important to win virginia for a republican candidate. what i'm going to help to do is talk about jobs and energy and taking care of your veterans. that is what is going to carry the day in virginia. mitt romney its the guy to do it. he has the record as governor of

massachusetts, and the private sector. if we don't continue vince people thaconvince ones for jobs we won't have a stronger country going forward. bill: last august you were quoted about this vice president thing. you said, quote, of course i'd be interested. are you still? >> what i said is any candidate that calls a potential nominee and says, listen, you could help the party, you could help the country of course you'd consider it. i'm not asking for the, interviewing for it. i want to see mitt romney win. we have a great team out there, people like ralph portman, chris christie, marco rubio, jindal. bill: why is virginia favoring barack obama at the moment. some polls have obama up 8

points, 6 points. this is aefr average of all the polls put together obama has a slight lead on mitt romney. why did virginia go democratic in 2008. what was happening in your state that gave him the edge? >> it's the first time in 44 years. in the next year i won by 18. we picked up 3 congressional seats the last year. we won the largest number of republicans in the virginia house of delegates. it's trending back right center. you look at the last ten cycles of elections, five republican governors, five democratic governors. they vote the issue. the issues are debt, jobs in the economy and energy and leadership. on all those scores i think mitt romney has got the best record. we can do better. bill: on that point, are you saying republicans will win your state in november? >> i'm saying it's going to be a tough fight, but, look, obama ran a good campaign in 08 hope

and change which has now become recession and division, i think those days are over. we've seen the record, mitt romney has a better plan, he'll win virginia. bill: thank you for your time. we'll see you on stage with michelle bachmann and mitt romney about 1:00 this afternoon. >> i'll be there, thanks, bill. martha: federal prosecutors dropping the ball the last time roger clemens was in court that case ended in a mistrial. now, listen to this. they may have just blown it again. what his former teammate said on the stand which could get roger clemens off the hook. bill: darrell issa a laying out his case against attorney general eric holder. he is here today live with the reason why the a. g. should be held in contempt of congress. >> the information we've provided to you has been responsive, as hap and full some and impressive. >> impressive would be an

attorney who new that his chef ef staff was intimately familiar.

martha: 34 pass the hour right now. russia's defense minister is threatening a pre nato street on facilities in eastern europe if washington goes eye head with the plan to build them. he says the talks are near a dead-end. a tense situation brewing there. freddie mac says they want $19 million more of your tax money. the giant and fanny mae received about $178 billion since the mortgage meltdown of 2008. now they'd like a little bit more. how about this. top singer adele has over taken

michael jackson and great great tan's best selling album list. her album "21" which you hear pretty much everywhere you go these days selling more than 4.2 million copies, 500 more than the late king of pop. with "thriller" he was big in the u.k. you like adele. bill: i do. i think she rocked it at the grammys. she doesn't need a free cellphone. martha: she can provide them for everybody. bill: good for her. she is rocking it. 23 minutes past the hour now. have prosecutor dropped the ball yet again in the case against roger clemens? the former baseball superstar aeu cuesed of lying to congress in 2008 when he said he never used steroids or human growth hormone. a former teammate and a friend may have given the big rocket a way out. steve centanni has this for us.

>> reporter: former pitcher andy pettitte said he might have misunderstood when roger clemens told him back in 1999 or 2000 that he used human growth hormones. this is a huge below to the prosecution because pettite was their star witness. he admitted on the stand yesterday there was a 50-50 chance he misunderstand toad the critical conversation about hgh. the case had to be retired because the government allowed inadmissible evidence to come before the jury. it raises questions about which cases should be tried at taxpayer expense, for example trial of ted stevens was a guilty verdict was thrown out because prosecutors concealed evidence. the attorney general was asked about the clemens trial yesterday. here is that. >> one has to few these cases in their totality. i don't know if -- what that witness said. i don't know the context in which the statement may have been made. the charges are serious ones, it's about testifying falsely before congress. on that basis i think it was a

justified use of our resources to bring the case. >> reporter: holder was holding a press conference unrelated to the clemens trial. bill: you wonder if they are jumping the boat too soon on 4. how would the prosecution try and recover from what is considered to be a set back at the moment. >> reporter: they have the dma that claims clemens used hgh. a witness comes become to the stand to talk about that and needles he collected from a strength coach. they are trying to get pettite's testimony thrown out all together. bill: we'll have an update later. thank you. martha: cell phones are being blamed for a deadly boat crash. two people died in this tragic accident. their families have filed a lawsuit. their lawyer joins us here in "america's newsroom." bill: what a image that is, isn't it? also the death of football star

jr. seau. apparent other suicides sparking talk about brain injuries and concussions in football. >> i don't really believe it. he is one of those people that is so inspiring and charismatic and filled with life that you can't really imagine that they are not there any more. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

bill: now to this trial in a deadly tour boat crash getting underway on monday. two teenagers from hungary were

killed in a collision between a barge and a river boat on a delaware river. their families filed a wrongful death lawsuit in federal court claiming both crews on the barge and boat were using cell phones at the time of the crash. peter rones is an attorney for the family and is in studio with me. if tkpwoerpbg phou. what are you trying to prove here? >> we are going to prove that this accident was not a freak accident. that the negligence of these defendants happened way before the boats ever hit the water. bill: were they wearing life vests at the time. >> no they were never instructed to wear life vest. every policy was broken. those children would have been alive had they been being life vests. bill: you believe so. >> i know so, they were found beneath the boats underneath the boat without any life vests. bill: they were told to put on live vests 45 seconds before the impact.

>> that is a fact. they had 45 seconds before impact. the ship's mate was texting his girlfriend rather than giving out evidence of -- bill: you have proof no that the man who was operating the barge was on his cellphone. >> correct. bill: he has testified to that already. >> correct. bill: and you've alleged that he was distracted because of it and tkhr-fr did not see the smaller boat in the water. what is it about the man who was running in duck both on the delaware river? >> the mate on the duck both, cal burkhart, he was texting his girlfriend instead of giving out evidence as well. the main point was that the duck both was completely responsible. they hired a rookie mechanic that day who forgot to put the radiator cap on the motor, that's why the duck boat was stuck. bill: that vessel was sitting in the river, it was not moving. it was pretty defenseless when the big barge comes up. >> there was no reason to stop the boat. it was the negligence of the mechanic who failed to put the

cap on the radiator, there was steam coming you. bill: are you saying this boat was working or not. >> it was work. the rookie failed to put the radiator cap. steam was coming out. and the captain of the barge boat thought there was a fire. bill: the injured parties, your clients are only allowed the value of the vote. that is not a lot of money, what are you after? >> in the duck boat it's a hundred $50,000. we are hal $150,000. we are after to change that and prove that the boats were responsible for the negligence in allowing people to use the cell phones and breaking every policy and procedure for the past seven to ten years. bill: i'm certain the families are going through a very tough

time right now. the other side you allege you're trying to get away with paying as little as possible. what would you settle for? >> we want to defeat the limitation of liability act for 1851. we have to walk before we run. for these families to watch waiting for these deaths, it's horrifying. bill: when the barges move up a river you know they are coming. the final question we have here, when that video came out we saw for the first time this past week, it took our breath away, that is that better evidence for you? what is on that tape do you think that helps your case? >> they are all sitting there for 11 minutes and 46 seconds and no one is putting 0 life vests, they are just sitting there like dead ducks in the water. bill: we'll follow it. it starts on money. the attorney for the family. >> thank you. martha: the apparent suicide of a retired nfl superstar is

raising a lot of questions this morning about the connection between football players and concussions, and long-term brain injuries. junior seau was an all-star linebacker for 20 years in the nfl, his girlfriend says she found him with a gunshot wound to the chest. he was just 43 years old. his mother is understandably devastated. >> i don't under who would do this to my son. but i pray to god, please, take me, take me, leave my son. but it's too late. too late. martha: your heart just absolutely breaks for her in that tape. and in junior seau's death is originally ruled a suicide he will become a third player to die from a self-inflicted gun wound in the last two years ago. there are other cases prior to that. david, screen left, left his

brain to science, saying look at my brain to study concussion impact. martha: we are joined by a neurologist who specializes in sports. doctor, good to have you with us today. >> thanks for having me on. martha: junior seau was never listed as having any concussion injury in all of his years in the nfl, and a lot of people find that alone kind of hard to believe. >> it's extremely hard to believe, and actually impossible. one of the problems we have with concussion is often the person who suffers it doesn't realize it and doesn't report it. also, there are always reasons that people don't report it, because they tonight want to be taken out of the game. and that's one of our biggest problem in the area of concussion is really keeping track of these injuries and knowing when this take someone out of the game, or out of the contest in any high velocity impact sport. so, i find it very interesting that he never had a concussion

when i think anyone -- any of those of us, especially in the area of sports medicine know that that is not possible, especially in any high velocity collision sport like football. martha: you know, it's shocking, the statistics on nfl life expectancy, it varies from position to position but age 53 to 59 which is a good two decades younger than the rest of us, and i should point out that we don't know for a fact that this suicide was con cushion related anconcussion relate and we'll wait to find out more information on that. that is a shocking life expectancy, isn't it? >> it is. when you think that someone's career in the nfl is only three and a half hours. we are used to seeing some of the superstars who have these long careers. fortunately junior seau did have a long career. one of of the thins we do know about head injury is it is a

factor when people have depression. and i think that's what we're talking about is depression and is very common in athletes. they have irregular sleep schedules, under a lot of stress and they have head trauma. all of that can per sip state a severe pwouba severe bought of depression. martha: he was packing up surfboards to go to hawaii with his teenage kids. they say they had no sign that this was coming. >> that is often the case, especially with junior seau, when we talk to people who knew him best in some of the interviews i was someone who hid all of his weaknesses. he would never go in the training room nor an injury, he'd get treated in his dorm room or apartment, but he didn't want other teammates to ever see him weak. after retirement he went out, he wanted to be the guy they all leaned on but would never show his weaknesses, that is our

problem in football, these are big, strong men who refuse to show that they have a weakness, especially when it comes to depression. they associate that with weakness, and it's not. and we need to let people know, if you're suffering from depression, if you're thinking about ending your life reach out to someone, and those of us who are around people like that we need to make notice of that and get them some help. martha: a huge lawsuit against the nfl by more than 60 players who say they suffered these injuries. thank you very much for being with us today. that is very good advice. we need to watch for those signs. bill: as the years go by the equipment gets better which allows people to hit harder. martha: that's what they say the better the equipment is the harder people people hit. bill: some of it saves you and prevents you there injury and some of it does not. congressman darrell issa a leading the investigation demanding answers from eric holder. now he lace out his case from holding the attorney general in

concept of congress. you will hear his details only live here on "america's newsroom" next. martha: a young boy plays hooky to go to a town hall meeting with the governor of new jersey. seat like a pretty good reason to skip school, right? the kid has an excuse that will be quite novel to bring to his teacher mom. >> he's apparently an aspiring reporter because it appears he has a follow-up. what is your follow-up, peter, the microphone is right there, peter, what is your follow-up. >> i kind of need a note for school. >> you need a note for school? [laughter]

bill: this is a cream. an iconic painting sets a record at auction, have you seen this? >> $107 million i shall sell it then for the historic price of $107 million. how much? sold. [applause]

bill: the scream selling for a record $119.9 million. a painting from 1895 one of four virgins by the norwegian painter. the only one left in private hands, no longer, the scream's new owner who bid by telephone remains anonymous. $120million. martha: all right, big story this morning. bombshell developments in the case for holding u.s. attorney general eric holder in contempt of congress. congressman darrell issa a filing new papers to congress on the fast and furious investigation. we gave you a sneak peak at the top of the hour of all of this and congressman issa himself joins us here to layout his case. congressman issa welcome. >> it's going to be in the studio particularly on something that has gone on so long and the american people are not getting answers. martha: tell me what is in the

contempt filing. >> the american people have been supportive. this is an issue that won't go away until they get answers. the terry family has been supportive. they couldn't get an apology much less an answer in more than a year. our leadership has been supportive of the investigation all along the way. even eric holder when he came before the committee said our hearing was fair and promised to get us answers that haven't happened. the documents we sent out tour committee members today, 17 pages laying out -- i don't want to say dumbed down -- and abbreviated understanding of how we got to where we are and what wasn't answered. in total over 60 pages, because it takes about 48 pages to layout all the things that are subject to contempt if we cannot get compliance and discovery on behalf of the american people skwhrao you've bee. martha: you've been talking to us and a lot of people and william la jeunesse has been on

the story since the very beginning. it seems you've had the basis for contempt for quite some time. you talked about documents you didn't get, how long you've been waiting for them, why not move more quickly on it. >> you have to be reluctant when it comes to the administration to say we've come to the end. it's clear they are not going to give us the documents. they've closed up and covered up the people they want to protect. ultimately when u.s. attorney burke left it was pretty obvious he was integrated into this in a discreetly predictable way. as we look up the chain and realize the people at least in eric holder's offices, were informed and involved and we can't get the type of discovery -- and martha one of the other ones, this is laid out in pages online and available to the public now -- after february 4th when we were lied to in writing and eventually in live testimony by the justice testimony ten months went by before they admitted they had lied to congress. they won't give us any documents

related to that cover up. falls statements and cover up. martha: i want to talk about the timing of all that in a minute. first of all there's been some speculation, i guess, about whether or not boehner boehne john boehner is on board with this plan, whether he wants to see the concept go forward. does he? is he on board. >> i don't want to see the contempt filing. john boehner doesn't want to see it, eric cantor doesn't want it. we continue compliance on behalf of the american people. fair discovery and accountability. in case of gsa we were ten months late. american people saw reaction a few weeks ago. in this case it's an older situation, been on the subject scene for a longtime, we are running out of patience but we are not beyond the point of saying, if you'll just give us what we should have, that the american people should have, if they don't i have the supportive leadership some do what i have to do. we are not doing because we want

to, we are doing it because congress has a role. martha: we are getting information that the doj has come forward with some kind of response to this. bill has it in front of him now. we'll get your reaction from that. bill: taking this from washington from the department of justice it says the department continues to comply with committee requests. we know the attorney general has testified no lens tefpb times in the last year and a half. keep in mind too it writes the type of information not released is the type that tkeplts historically do not release because it argues it would politicize or jeopardize ongoing criminal investigations and prosecutions. some of that we've heard before. congressman ice a how do you react to that? >> bill, we laid it out so that anyone can understand the areas of noncompliance do not particularly include any ongoing criminal investigations. what we laid out -- for example, if you lie to congress, and then you cover up the lie, that is not supposed to be covered, hasn't been covered, can't be covered. martha: i've got to ask you one more question. in terms of timing it seems like

to some extent both sides are very aware that there is a presidential election coming up. eric holder has said nobody would be fired in fast and furious until the investigation that they were doing was thorough and complete and finished and that will not happen until after the november election. what is your timing, and you know how -- is there any political hope on your side to eupl phra a meant the possible release of eric holder from his duties anywhere near the time of november and the election? >> i met with the new inspector general for justice, and he promised me swift action, even though this is predecessor has stalled for about a year before she left. if eric holder is telling us that they are not going to have answers until after the election, that would be like nixon saying, we'll release the tapes in 50 years. ultimately the time has come and passed for them to tell us how we were misled. martha: you said that you won't file these, you're sort of giving them one more chance. what is your drop-dead date for the documents that you want? >> well if the attorney general's answer, we've given

you all we're going to give you then the drop-dead date is immediate. if there is any real compliance then we would look forward to evaluate that material. understand, people including laney brewer in this office of the attorney general clearly knew a lot, were involved and we can't get answers. when it comes to the false statement made before congress and not taken back for ten months, we want to know who knew about it and continued to have a lie before congress exist for ten months, because the american people were told there was no gun walking for those ten months. martha: i under. congressman issa thank you very much. obviously we'll all be following this closely. bill: more reaction from doj when we get it too. thank you, mart that. how a taxi battle could affect car companies across the country. gms anps, and how it is used

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bill: now to our taking liberties segment. to everybody who has left an iphone, or other items in a taxi. gms can help track down your belongings. douglas kennedy has more live in our newsroom. >> reporter: gps is also great if you want to locate where you're going. what if the government wanted to use your gps to locate you?

every minute of every day. just because andre olshack believes people are following him doesn't mean he's paranoid. they are not only monitoring you, they are tracking your every moment. he has been driving a cab in new york city since 1988. you came tow the u.s. from poland, and you were told, we value freedom in america. >> yes, sir, i came here for freedom from poland. >> reporter: this is not freedom. >> same like in poland before. >> reporter: meaning poland during communism. for years the taxi and limousine commission has required all cabbies to install something like this. a global positions system that monitors their movements every second while they are at work. other industries like trucking, transit, and telecommunications also use gps to track workers.

but attorney dan hackman is new suing the tlc for violating the cabbies right to privacy. >> the supreme court has recently decided that the state can't put a device in your car and use it to follow you around. >> reporter: not so fast is the city which says taxi drivers need to be constantly watched to protect the public, and this search and seizure expert agrees. >> we ought to be able to monitor how fast they are going, what routes they are taking. it will increase safety. there will be less accidents. >> reporter: the tlc says monitoring taxes will enhance public safety. what do you say to that? >> this has nothing to do with public safety. the gps device in your car doesn't prevent you from crashing the car. >> reporter: he says first they are going to monitor cab drivers, then he redetectives they will come after everyone else. back to you, bill. bill: don't put in it my car, douglas. >> reporter: that's the way i feel. bill: not for a mile. see you later. martha: all right. well do you need a note to play hooky from work or school? just ask the governor.

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martha: sixth grader stealing the show in the new jersey asking the governor to give him a note to get out of school. watch. >> i kind of need a note for school. >> you need a note for school? [laughter] all right. peter, just says, please excuse peter from school today. he was with me. all right? [applause] harris: i think that works, right? that will do the trick. peter's teacher had no problem with that. bill: that's a good day and good story. this from the oregon zoo, needs no words. yeow. martha: the zoo says the big cats are always interested in the children. i bet they are, right? bill: happening now starts right now. martha: thanks everybody. we'll see you tomorrow.