vote the ap is reporting house republicans would like to negotiate an end to the document dispute. the standoff escalated even further yesterday. you saw it live right here on "happening now," the president asserting executive privilege, preventing the release of the department of justice records on operation fast and furious. that as we mentioned, debotched gun running sting that sent weapons into mexico. some of those guns turned up at crime scenes on both sides of the border, including at the shootout that killed u.s. border agent brian terry. his mother now speaking out. >> my son was a person who believed in justice and he believed in telling the truth. he was a man of his honor, and if anybody knew him they knew that, and i know he would be saying, you know what, i died for my country, and he was a true american, and i think he deserves the truth, and i think everybody should know the truth, and if this was a bad thing that

they did with fast and furious it should be acknowledged so it never happens to anybody else's son. rick: mike emanuel live on the hill. what is the attorney general saying today about this contempt effort in congress? >> reporter: you mentioned the possibility, rick of whether this can be worked out before we go to a constitutional crisis. the executive branch versus the legislative branch. today attorney general holder is traveling in europe, and he seemed to holdout hope that perhaps a deal can be struck. here is the attorney general in his own words. >> we put before the committee a proposal that would have allowed for a resolution of that matter, consistent with the way in which thins have been resolved in the past, through negotiation. i think the possibility still exists that it can happen in that way. >> reporter: meanwhile the attorney general's allies here on capitol hill are speaking up

in his behalf saying that what the house republicans in the oversight committee did yesterday was unjustified and they say if it goes to the floor of the house that is a point they are happy to make next week, rick. rick: what about chairman issa who heads up the oversight committee. what is he saying about the idea of resolving this through negotiation. >> reporter: we heard the attorney general say, hey i made an over, i think it was a fair offer. chairman issa says it wasn't a very good offer. they have been subpoenaing documents, they want the actual documents, where as the attorney general was offering to give a briefing on the documents. here is chairman issa from "on the record" last night. >> we were asked to take a pig in the poke. we were asked to take some assertion that these documents would be meaningful without seeing them, without looking at them and without a log of anything they weren't giving us. i think they knew we couldn't accept that. brian terry's family couldn't accept it. the american people continue

accept it. >> reporter: house republican leaders john boehner the speaker and majority leader eric cantor have said that essentially there is still time for a deal to be struck before the entire house votes to hold the attorney general in contempt of congress. rick. rick: mike emanuel live for us on capitol hill. mike, thanks. jenna: more on that story throughout the day today. we are awaiting two of the most sought-after rulings from the supreme court this year, the future of the healthcare law and arizona's controversial immigration law. both hang in the balance right now. tom goldstein is a supreme court litigator and a founder of sko skotus.com. we know we won't get a decision today, why is it taking so long? >> the cases were argued late in the term, healthcare in march, the immigration case in april. it takes a little while to get these things done. we expected it would be the last few days of the term which is

the last few days of june and that's how it will play out. jenna: when you look at the healthcare law our brain room found out that you could get eight different rulings, or eight different combinations, everything from holding up the law in its entirety to striking the whole thing down. what do you think is the most likely outcome? >> it's a tots up on the part of the law that americans really care about, the individual mandate, which is the requirement that most americans buy health insurance. after the oral argument it seemed like the mandate was in trouble. i would say the odds are probably a little better than even that it would be upheld in the end, but, gosh, who knows, it's black box in the supreme court behind me. there have been no leaks of any kind and we'll probably find out next thursday. jenna: one of the other questions we are asking is what is the real life effect of this decision. there are so many different combinations that that is a broad-based question, but for the average person out there, what would you say? >> reporter: a lot of americans look at this as a question of individual liberty, will the

principle be that congress can't require you to buy something? a lot of other americans look at this as a question of healthcare, and that is will the statute as a whole be upheld so that more americans will have healthcare that way or should there be another legislative solution. no matter which direction it goes it's absolutely historic in constitutional terms, it's at the heart of the election for the presidency, and it affects americans in their every day lives, so it continue be a higher stake. jenna: well put there. assessing just the magnitude of what we are expecting to hear next week. what about the arizona immigration law? does it have the same sort of potential affects. >> its incredibly significant. americans are very concerned about immigration. whichever side of the issue you come down on arizona has been followed up by about five other states who have passed similar laws that take a tougher stand on what they view as unfair competition for jobs and illegal immigration. the federal government takes the very strong position that this is our job, not the state's job, so it's an incredibly important

principle that the supreme court hasn't decided yet. probably next wednesday is the best bet for when we'll hear. jenna: how difficult is it to get any information at all out of the supreme court? >> it's almost impossible. it's more secret than even the cia sometimes. you do see leaks from the national security establishment you really don't see leaks from the justices and their clerks. it's pret that impressive and unheard of in this town where everybody likes to tell stories. jenna: and we like to hear hem tom. great having you back with us, we look forward to having you back next week as well. as tom sold us more secretive thans cai. don't expect any leaks out of the high court between now and when we get the decisions. it's notoriously good about keeping rulings under wraps. we were able to go back and find a few reported leaks in court history. in 1973 time magazine correctly predicted the decision in row versus wade. after that the chief justice

told law clerks to avoid reporters like us, rick. in 1979 the chief justice blamed a print shop employee for telling the court's ruling to abc reporter tim o'brien in a liable case that involved cbs' "60 minutes." o'brien's name pops up again in 66 when he reported that the court would strike down part of a balanced budget law. let me finish this up. there is brown versus the board of education in 1954 obviously a very big decision. this has nothing to do with the leak. the justices themselves believed to have tipped off the attorney general, secretary of state, and the chief justice's wife tipped off the fact a landmark decision was going to be announced, because they all coincidentally showed up when the decision was read. but those are the only three incidences in history, potentially of a leak.

rick: fox news alert we are just getting news from washington that the commerce secretary has designed. john bryson is his name. he was in the headlines earlier in the month after being involved in a couple of traffic accidents in california. he was also being investigated by police there for a hit-and-run investigation. it was reported after the accidents that he had suffered some kind of a seizure or health-related incident that led to his being involved in these various accidents. he then took a medical leave, and now word that he is in factory signing. the secretary of commerce, a member of the president's cabinet, john bryson resigning his post. we'll have more when we get it right here on fox. well fox news is america's election headquarters and right now governor mitt romney getting ready to speak in the state of florida, a key state come november. he'll be delivering remarks at the nation's biggest latino political convention. president obama will be speaking to that same group tomorrow. both candidates battling hard to

win the hispanic vote. chief political correspondent carl cameron is live in washington with more on this. >> reporter: romney's courtship of latinos like virtually every other voter in the country will hinge on jobs and economic issues. he was the most conservative republican candidate not just in 2012 but also going back to 2008. just in the last week he and u.s. senator marco rubio, a vice presidental prospect have criticized the president's stopgap decision to stop deporting younger illegal aliens. they both say they want long term solutions in law not a cabinet directive issued last week. the president has a huge advantage with hispanic voters. if romney can peel off some of the latinos in important states it could make a difference in places like florida, nevada, new mexico, arizona, even colorado. romney tails the president in the latest quinnipiac poll, 46 to 42%, that is a ten-point

swing going against romney from the last q poll when romney was up six points. florida is always a key battleground state and this is one that neither the president nor mr. romney can afford to lose. rick: let's talk cold hard cash now and the money situation. there is news on that front, carl, tell bus it. >> reporter: we have known for a few months that romney had a great month and basically out raised the obama campaign. we've seen a little more of that. the obama campaign predicted yesterday they will be first incumbent presidency to be out spend by a challenger. romney and his super packs raked in $86 million in may. and the president and the packs from the left raised 65 million. that suggestion romney on the right is making more money, but the president has a khapbding lead on cash on hand. 147million bucks in the bank and ready to spend where as romney and the rnc have about

$107 million. one of the things that we've seen from the filings posted last night, is that the obama campaign spent $15 million more than they actually took in last month. that is a very, very aggressive burn rate. the obama campaign put up $29 million worth of tv ads last month -- excuse me $24 million worth of tv ads where the romney campaign had about 4 1/2 million. big, big spending for the obama campaign. rick: thank you, carl. jenna: the at last rocket blasts off as china ramps up its program at the same time. is there a new space race under rey? rick: mother nature cracking up the heat big time this week. sizzling tumor temperatures taking hold all across the country. that's the only way to get relief in some parts. kickoff your choose and get in the fountain. heat advisories are in effect in more than a dozen states. we are live with the story. jenna: a house panel votes to

hold attorney general eric holder in contempt, that's after the president exerts executive privilege over fast and furious. we will talk to one of those lawmakers on that committee who voted no on the contempts for eric holder, that is coming up. >> the obama administration, the justice department cannot continue to stonewall the committee any longer. the american people want answers. agent terry's family deserves answers. ♪ ♪ we all need it. to move. to keep warm. to keep us fed. to make clay piggies. but to keep doing these things in the future...

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>> witness, after witness, after witness told us the president new nothing about fast and furious, he had no conversations witness, he didn't approve it. how in the world can he assert executive privilege where he had no conversations about it. >> the president's assertion of executive privilege creates more questions. one of the big issues we've been dealing with is who knew about fast and furious, what did they

know about it and how high up did it go. >> we owe it to the people of this country to get to the bottom of this. >> the american people are willing to forgive a mistake if somebody comes up and says, yes i made a mistake, i'm sorry, i'm not going to do it again. but when the cover up starts the american people do not tolerate being lied to, they do not tolerate their elected officials being lied to, and they do not appreciate not knowing, and not having a transparent government. this culture of stonewalling has got to stop. jenna: republicans up in arms over the president asserting executive privilege, charging the white house and attorney general holder are now trying to block its investigation of operation fast and furious. this as lawmakers work to get to the bottom of who knew what and when about that gun running sting. the house panel voting along party lines held the nation's top prosecutor in contempt of congress. the full house will take up the matter next week.

joining me now is peter welch, a democrat from vermont, serves in the oversight committee and cast a vote yesterday to not hold the attorney general in contempt. let me start with what we just heard. we heard a bunch of sound from republicans there. the last republican that spoke said there was a cover up happening. are you a hundred percent confident that there is no k-fr up happening when it comes to finding out information of fast and furious. >> keep in mind the fast and furious went over two administrations, the bush administration and the obama administration. and the committee work has just focused on the obama administration, and in fact there's been a refusal on the part of the republican majority to allow us to have the former attorney general, mukasey in to request him questions. we have to have a foundation before we resort to this extraordinary, unprecedented, in fact first time in history holding the attorney general in

contempt. some of the information that was requested by the committee literally would have required the attorney general to violate the law if he was going to comply with the committee's subpoena. they wanted him to turn over the transcripts of grand jury proceedings, i wil illegal. they wanted him to turn over applications for wiretaps, illegal. they wanted information on ongoing criminal investigations, improper because it would jeopardize the lives of our law enforcement folks. this is a situation that could have been worked out. the attorney general, you can always ask for more, but he's testified eight times before congress, including our committee. so there's been -- this is really in my view pretty political. jenna: let's talk a little bit more about that. one of your colleagues, congressman cumming said yesterday that it is political and that there's this insinuation that democrats do not care about brian terry and his family and finding out the truth an was resentful of that

insinuation from some lawmakers he said. set the record straight on that, though, congressman welch, because some are tying the vote to hold the attorney general in contempt as a way of saying that they are dedicated to finding out answers for this family. do you care about brian terry, and finding out what happened? >> well we do. i mean this is a heroic law enforcement officer who died in a shootout where some of the guns which were there were part of this botched operation of fast and furious. so absolutely. we all care about that. but is this the way -- you know, politicizing this -- jenna: what else, congressman? what else can you do to help that family? >> well the family lost their beloved law enforcement officer, who is a hero, and with or without contempt we aren't going to be able to bring his life back. what we know here is this was a botched management operation. this is not about corruption. this is an operation gone wrong,

it was poorly managed and monitored over the course of two administrations. there is not evidence that we've seen that indicates either the president bush or president obama had any knowledge of what was going on, and in fact at the high levels of the justice department there is not evidence that either mr. mukasey or mr. holder knew what was going on. so, you know, i'd like to actually step back, take a breath, work with the attorney general and get more documents, because i do support the effort to get as many documents as we need, as long as it's not asking the attorney general to violate the law. jenna: interesting. all right. we're going to talk more about that, about what additional documents potentially the justice department can hand over. congressman welch, it's nice to have you on the program. thank you for joining us. >> thank you. rick: we're going to have much more on this story when we come back after a break. we'll talk about the political ramifications, could this hurt the president? or could it hurt the republican congress? don't go away. ♪

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rick: new fallout now from the fast and furious investigation, and the political ramifications. they could be huge. joining us to talk about that angela mcglowan a fox news political analyst. san teeth ta jackson is a radio tack show host and fox news contributor. let's talk with the inconsistencies that a lot of people are pointing out. it was only a few years ago that then senator barack obama criticized president bush foray certificating executive privilege. he said that the president was hiding behind the ability to do that. what is the difference between what president bush did then and what the president is doing now. >> you know at the end of the day, and at the beginning of the day i hope that we will elevate

this discussion above partisanship and get to patriotism. the fact is i don't want to fix the blame i want to fix the problem. i think that jaime zapata's family, brian ferries family, the hundreds of mexicans killed deserve more than the discussion we've had. rick: i don't mean to cut you off, but what about the perception that there is a double standard here. >> you know what, we have had executive privilege invoked by every president since nixon. clinton did it 14 times. george w. bush did it six times. only when we have an investigation will we see if the president has good reasons for invoking executive privilege. rick: i wonder if that is the big press problem for the president here especially in the minds of independent voters. if you're someone who likes president obama you probably don't mind that he would invoke executive privilege. if you don't like him and you're not going to vote for him any way, it's those in the middle,

undecideds, that might look at the prereceived hypocrisy and be upset about it. >> rick, you're right who is concerned about this probably won't vote for obama any way. the problem is, is there a cover up? as we've seen in the nixon administration and other administrations it's not about the act it's a cover up. barack obama said he didn't know anything about fast and furious and brian terry's murder. earlier he said his administration would be about accountability, and transparency and fast and furious has been just the opposite. for eric holder to say he'll meet with darrell issa and turn over the documents and then for the president to say oh this is executive privilege, it looks like there is a cover up there and it could be a big problem for obama. >> i disagree with that. this is the problem that i have here. i think that americans need to believe in the integrity of our government whether it's run by

democrats ea democrats or republicans or one day maybe someone out of both parties. we need an investigation to get to the raoft it. >> that's what we want. >> i don't hear that. that's what we want, but you know what i say then what we need to do is get to the heart of this. go back to 2006, let's speak with attorney general mukasey, let's speak with the atf officials and agents. >> i agree. >> let's speak with everybody. we cannot do that if we have a witch hunt atmosphere. we can't both speak at the same time. rick: we are returning out of time here. let me get in here before we get cut off. the idea of a deal being struck before the full house gets to vote on these contempt charges, angela would you like to see that happen? >> i would love to see that happen. listen the american people are concerned about the fact that they are suffering, we don't have stkwrobs, we have jobs, we have a week economy, and the fact that we are going to hold

the attorney general in contempt i don't think is good for our country, i hope they reach a deal. rick: are we going to see a deal? >> absolutely. i hope we do see that. we've done it with harriet miers. we did it with karl rove. we don't node a constitutional crisis we need jobs. rick: thank you both. nice to speak with you. >> thanks for having you. >> thank you, god bless. jenna: that is a nice way to end, a little laughter and a god bless after a good debate. appreciate that ladies. a live look at the dow as we continue to get tech numbers on the job market today. this as top officials say they expect economic growth to be slower than they thought. we will talk to a former top reagan economic adviser about what it means for you going forward. what is the path ahead here? also it's hot outside. the record heat causing serious concerns across large parts ever the country.

and she is sweating it out. she has the sunglasses, the water. there you go, girl, we'll be outside with anna coming up. 3w4r5* blah

rick: well another blistering day for folks in parts of the country. northeast and mid-atlantic dealing with record temperatures, soaring well into the 90s.

authorities issuing heat advisories for 11 different states in the region. scorching heat causing problems at outdoor events. 15 people passed out at a high school graduation in connecticut. the new britain, connecticut, fire department setting up stations declaring mass casualty station. >> it is too hot. >> it is going good but very hot out there. people are passing out. >> i was in the stands for about an hour and a half. i was ready to pass out so this is great. rick: anna kooiman is braving the midday sun in midtown manhattan right now. i've been on that plaza, anna. there is not enough shade there. you need to get more shade. >> reporter: 9 3d grease and not even lunchtime yet, rick. as you mention the graduation ceremony, another one happened in north bergin, new jersey where multiple relatives of graduates were hospitalized for heat related illnesses. these scorches temperatures

are expected to stick around from yesterday. from new york city to burlington, vermont. 450 cooling centers have been opened in and around the new york city area which is under a hot weather advisory. mayor michael bloomberg encouraging people without air conditioning to seek out the cooler spaces or visit the city's beaches. >> we all think we're tough and nobody think it's a big deal but sadly every year we have to relearn the lesson. this is a very big deal. we all should be very careful. >> reporter: doctors say take special note of at risk populations like the elderly and sick. noticing loved ones are confused that is a true emergency and take them to the hospital right away. other signs of heelt related illness include nausea and headaches. humid adds to the heat poses more danger for exhaustion. >> when the temperature is very high it inhibits your body's ability to dissipate heat. especially when it is humid. our mechanism to get rid of

heat is sweating. when it is hot and humid we're not efficient at getting rid of the heat. both of those two conditions can predispose a person to a heat emergency. >> reporter: doctors suggest staying away from alcohol, coffee and soft drinks because they have caffeine in them and cause us to become dehydrated and bring out illnesss. look out all the way to saturday every single state except north dakota expected to have 90-degree weather. rick: anna, come back to the newsroom. >> reporter: can't wait. jenna: what about ice coffee? does that count? right now republican lawmakers are getting ready to meet with influential tax activist grover norquist. he will talk to them about this pledge he has that calls for opposing any increase in tax rates and has been signed, that pledge by nearly every republican in the house. this as we digest some grim news from the federal reserve today. the economy forecasts by the

federal reserve is growing more slowly than they previously thought. the fed says its senior officials expect growth of 1.9% to 2.4% this year. that is lower than what they predicted back in april. art laffer, former economic advisor to president reagan. good to have you with us, art. >> thank you, jenna. jenna: why do you think the fed decided to revise its forecast now? >> because they were wrong. i mean they have been overestimating the growth and what these policies would do for a long time now. frankly, jenna, i never heard of a economy taxed into prosperity. it doesn't make much sense to me. fed policies and stimulus policies haven't worked. they're just revising down now, catching up with what is really happening unfortunately. jenna: let's talk a little bit about tax policy. when the fed says listen the economy will grow slower. individuals and businesses make less money. which means the government collects less taxes. >> that's right. >> because people have less money. so often times that is used as an argument to raise

taxes especially on the wealthy. >> yes it is. jenna: to compensate sight for that loss in a bad economy. why do you think that doesn't make sense? >> let me ask you. does it make sense raising taxes on the last three people working? it doesn't to me. if you tax people who work, and you pay people who don't work, jenna, you're going to get a lot less people working. you will get a lot more people not working. really straightforward common sense. but they just don't get it. they just don't see it. and you can not raise the price of a product to where people won't buy the product, and expect to make more money. it is silly and bad economics. jenna: you say they don't see it. i assume you're talking about democrats that would -- >> no. talking republicans too. really not partisan unfortunately. jenna: tell us about that because it seems to partisan. everybody is fighting about it. so how do we fix it? >> jack kennedy in the '60s cut tax rates dramatically. republicans all opposed it. then ronald reagan and all democrats opposed it for a while there.

then bill clinton, who was a great president, he cut tax rates dramatically. we had boom during that period. it is not republican, democrat, liberal or conservative. it is common sense economics. it should be bipartisan pro-growth like it was in '86. that unfortunately is not the way it is. today it is a problem primarily with the democrats. but it has not always been. jerry brown, governor of california, ran for president of the united states on getting rid of the progressive income tax in america, with 13% as highest tax rate in america. can you imagine that. he came in number two, almost beating clinton in the primary. you look at this stuff. just straightforward common sense. jenna: what do you think about grow very norquist? he is on capitol hill right now. there is some speculation what he could be talking to republicans about. >> sure. jenna: you guys have to double down on anti-tax policy that i have, this pledge. we can not raise taxes. some say maybe he is giving an opening where compromise in the future. you're laughing at that.

>> i don't think grover is going to do that. jenna: reagan was very good about compromise, wasn't he? there was a tax cut policies. there were tax increases during his administration as well. there was a compromise. what do you think about grover norquist on capitol hill first and what do you think about the potential of compromise? >> reagan didn't compromise on taxes very much. he cut the highest rate from 77 to 28%. doesn't sound like a huge compromise to me. we had the biggest boom of all time. grover norquist, the people don't have to sign the pledges. they really don't. they do so purely and simply because they will help get them elected. if they should sign the pledge they should keep to it. i don't think grover will compromise on this issue. i've known him for a long time, not really well. i think he has done a great job. i don't think he will compromise. the republicans will run and keep tax rates low. it is what think should run on. jenna: should they on epto compromise to get tax policy more effective.

>> that you should do. we want to raise taxes. we want to raise them a lot but not raise tax rates. something like simpson-bowles which was the president's policy of that commission, alan simpson and bowles would be great. lower rates. broaden the tax base and get prosperity back. but jenna, you can't balance the budget on the backs of the unemployed. to get taxes you can't, you have got to get the economy growing first and foremost. we all want tax revenues to rise a lot. it is just how do you get it? jenna: right. >> to me the way you get more revenues is growth. it really is growth. jenna: art, great to have you on the program. grover norquist, will be on with neil cavuto later. we'll send the interview to him and see what he has to say about it. >> thanks very much, jenna. jenna: thank you. >> my pleasure. rick: coming up, there are some new polls out on the presidential race and it may add up to trouble for the president's re-election team. how many americans think the country is he had heading in the wrong direction? that's a very key question. we'll have those results for you.

alec baldwin getting a little feisty on the streets of new york. now finding himself at the center of a criminal investigation. accused of punching a news photographer. coming up our legal panel weighs in. 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.

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rick: we are your election headquarters and right now some brand new numbers on the race for the white house. president obama's re-election team may not like. it's the new ap-gfk poll. the president leading governor romney but not by a lot. it is narrowing. 47-44%. a virtual tie given those numbers are within the poll's margin of error. this poll that may have the president's people reaching for the tums. six in 10 voters think the country is heading in the wrong direction and that is never a good sign, never good news for a president who is looking for another four years in office. larry sabato, director for center of politics at the

university of virginia. that really is the key indicator, isn't it? right direction, wrong direction? >> i think that alongwith the actual job approval of the incumbent. i always look to the job approval of the president. in this poll it's at 49. by the way, rick, this poll deserves a lot of credit. it is exactly where the "real clear politics" average is of all current polls. so i think it's about right. i think that 47-44 is about right. incumbent is supposed to be over 50. rick: you mentioned the approval ratings. there is also disapproval numbers when it comes to the president's handling specifically of the economy. 55% of people don't like the way the president has handled the economic situation. but there are some folks out there who might argue you know what? these are numbers very similar to george w. bush's when he was running for his second term. >> well they were. of course that's the president's hope. that's the white house's hope, this is going to be 2004 in reverse. by the way in june of 2004,

john kerry was actually leading george w. bush outside the margin of error. so, you know, i always tell my friends, i love people in politics. i have lived with them all my life but they're the most impatient people in the world. it's june. we have to wait a while to see how this shakes out. rick: i want to ask you about this other number that had me scratching my head. it had to do with asking people, regardless how you're going to vote do you think the president will be reelected? a full 56% said yes, they do think president obama wins a second term. why is that the case? >> rick, i followed this literally for 40 years and, there have been a few times when people have thought an incumbent was going to lose, but overwhelmingly people think an incumbent is going to win. it means nothing with a capital n. nothing. that is one -- question should be washed out of polling. >> i'm sorry i raised it then. jumped out at me.

>> no offense. rick: thank you for setting me straight. let me ask you when before we run out of time, larry. at what point do we go from the polls being snapshot in time, here we are in june, sort of like baked in the cake, these numbers will stick around a while? >> august. it starts baking in in august. even before labor day. i start getting a real indication of what's likely to happen and the election models do, really late july and through the month of august, certainly by labor day. rick: larry sabato is the director of center for politics at the university of virginia. always good to see you, larry. thanks so much. >> thank you, rick. jenna: hope larry gets vacation time ahead of that. once august hits it will be all the time. rick: we all will be. jenna: that's right. what is left from japan's devastating earthquake and tsunami is washing up on our shores. what could be a curiosity for some is a real headache for local governments stuck with trying to clean it up. who should pay for the

cleanup? a debate over the debris coming up. china advancing in space while america appears to be stepping back at least from the shuttle program. are we being left in the space dust? we'll ask astronaut tom jones next.

rick: right now as the u.s. shuttle program heads for the history books china's space plans are making fresh headlines the latest news, a successful e-mail sent from ground control to three chinese astronauts taking part in the country's first manned space docking. among the crew, china's first female astronaut. could this be the start of a space race between the u.s. and china? tom jones is a former nasa astronaut. he is a fox news contributor. he is also author of a book called, planettology.

always nice to have you here, tom. how should we feel about the developments, advances taking place inside china? >> we can take some satisfaction, rick, the chinese are taking steps in space the we took back in the 1960s, 1970s. there they're not approaching sophistication we have in a lot of areas in our space program. that said, they are able to fly astronauts to space and we are not able to do that now and won't for the next five years. that is a decision on the part of our government and we need to be embarrassed about that. rick: we'll talk about manned spaceflight in the united states. i want to talk about voyager 1, which is going places no other probe has gone before. what is the significance here? >> voigeer 1 has been on a, long journey since the launch in 1977. readings as far away from

the sun as the earth is, it is seeing signs of departing the edge of the sun's sphere of influence. detection of cosmic rays, energetic particles from across the galaxy are rising and the sun's magnetic field measuresments in voyager 1 are fading. it may be going beyond the boundary where the sun's influence ends. that is major milestone to send a machine out that far. rick: on board the machine some disks i was reading about that have audio and video messages from the president of the united states, for example, the secretary-general of the u.n. alongwith some music. i love this, tom. there are songs, works by mozart and also a recording of chuck berry's johnny b. goode. who are we hoping finds this? >> a great way to send your emissary, euro bottom miss serrie into the interstellar medium. in 1,000 years when voyager place as nondescript star like our sun, someone

cruising around may pick it up and give a evidence of civilization that built it. we don't have any expectation it will be found for tens of thousands or even longer period of time. rick: i like the musical choices by the way. finally, tom, a private company, united launch alliance, successfully launching a military satellite into space. this is the company that wants to get into the manned space mission business within the next few years. tell us about this. >> well it's a great success for our military space program. this was an atlas v launch that sent a replacement satellite into orbit. the mission is classified. this is the 11th launch this year for our military space program which spends more money than the nasa civilian program does. not that the u.s. doesn't have the skills and rockets needed to explore space. it is a matter how many resources we devote to it. there is hope we can use the skills on both the military and the nasa side of the house to reconstruct our space program, if we give it the proper priority. that is my argument.

we should be boosting the nasa budget. rick: the book is called planetology. a former nasa astronaut. tom jones, thank you for your time. >> thanks, rick. jenna: road rage caught on tape by another driver. now there is a development in this case. we're bringing up to date on that. we're awaiting a daily briefing at the white house. you can be sure there will be plenty of questions on the president's assertion of executive privilege in the "fast and furious" case. we'll bring you that live. plus why one top democrat is now saying this is part of a nationwide scheme by republicans, this "fast and furious" investigation. we'll have all that for you at the top of the hour.

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about that, exclusive reporting from catherine herridge. plus, california police making a key arrest as they try to find out who's behind this horrifying road rage incident. it's all caught on tape. we'll tell you the developments. and you have the jerry sandusky sex biewlings trial coming to a close, what the judge just ordered and why sandusky never took the stand in his own defense. it's all "happening now." >> reporter: and we're glad you're with us for the second hour of "happening now," we're keeping a close watch on the u.s. supreme court now days from making history. within a two week countdown to a landmark decision on the president's health care overhaul law. i'm rick folbaum in for jon today. jenna: nice to have you with us, everybody, i'm jenna lee. welcome to brand new hour of "happening now." many on receiverrers thought the ruling may come today, but again we got nothing.

one of the big questions i know you're all requesting, what are -- asking, what are they waiting for? shannon bream is asking as well because we're all in anticipation of this big decision, shannon. so tell us, why are we waiting so long? >> reporter: well, jenna, we actually still have several opinions left before the term ends next week, but the one everyone is waiting for today didn't come today, of course, health care is what we're talking about. so what is the delay? remember, there are actually four parts to the health care case, almost like four mini cases, and it's easily the most complex case of this term, so i wouldn't doubt the multiple decisions are likely still being fine-tuned at this hour. the term technically ends on monday, but we've gotten strong indications the court may add days meaning the health care decision could come tuesday, wednesday, even later next week. i can tell you about two big decisions we did get today. first up, a case out of california where state employees are forced to pay union dues even if they choose not to join the union.

several of those nonunion member but dues-paying employees sued when their dues were used for political speech they didn't agree with. the court decided with those employees. individuals shouldn't be compelled to -- another case the justices also ruled on today against the federal communications commission which had sanctioned and fined various networks because of either brief nudity or you know when a celebrity gets an expletive slip? that too. the fcc didn't give the networks sufficient notice before dropping the hammer on them. the fines are no good. also among the cases we're still waiting for, the challenge to arizona's immigration law, s.b. 1070. the next round of supreme court opinions comes on monday. we'll be standing by. jenna: shannon, thank you. rick: right now in florida governor mitt romney is addressing latino leaders from around the country. the governor plans to focus on the economy, but this very important voting bloc will broke

be listening for anything the governor has to say on the topic of immigration policy. the census bureau says at least one in six americans claims hispanic heritage, so it's a very large group of people in the country now, and president obama will be at this same event talking to this same group tomorrow. any news from the governor, and we'll bring it to you right here on fox. meantime, here in election headquarters a brand new column for the hill. a.b. stoddard suggesting that governor romney's campaign strategy up to now is working. he's rising in the polls and now poses a serious threat to the president's re-election chances. but she also warns the romney campaign that voters may start demanding some specifics. more specifics on policy plans. a.b. stoddard joining us now, the associate editor of "the hill." you say it's time to start talking details, right? >> yes. i think that we saw last week there was a big announcement

from the white house, a surprise announcement from the white house about the president's new order to halt deportations of children of illegal immigrants. and it was not something that the romney campaign was prepared to respond to. you saw him in interviews stammer through a few answers, bob schieffer of cbs news asked him several times if you were president, would you repeal this order? and he didn't really know quite what to say. he didn't say yes, and he didn't say, no, i would not, i agree with the policy. he has not prepared a response for a version of the dream act that senator marco rubio of florida was trying to draft which would have been a bridge for the romney campaign to latino voters after his comments earlier in the primary where he said he would veto the dream act. he didn't want to get specific. in this same interview, governor romney didn't want to get specific on just what budget cuts he would recommend or tax loopholes he would end to try to balance the budget. and so i think as time goes on

he is going to be forced to answer some specific questions on some key policy issues so he doesn't look like he's dodging. people noticed what he did last weekend -- rick: right. >> and i think several things could come to the fore where he's going to have to be in a position -- rick: well, maybe the supreme court decisions we're expecting within the next week or so. this line jumped out at me, a.b., the challenge to the romney campaign is to prepare the candidate no matter how hard he resists that he might be forced to convince voters of his leadership ability instead of simply cutting obama down. do you think that he's resisting? >> well, i think he's resisting being specific. he is, obviously, being very effective at making this a referendum on president obama's stewardship of the economy. it is in deep trouble, and president obama is in deep trouble, and i think mitt romney really has the wind at his back right now. but he's going to have to answer specific questions about his leadership pretty soon

especially, i think, because of what's happening with the eurozone. you barely hear him talk about his tenure as governor of massachusetts. he usually talks about his experience as a businessman, and he says that president obama has sort of disqualified himself because he lacks the requisite private sector experience to improve the economy. but he doesn't talk about what he did when he was a chief executive and how he would cut spending and tackle deficits. and that's a question that people want to know both in his own party, um, and among the independent voters who still haven't decided, who see a fiscal crisis coming in this country and want to know how he would balance extending tax cuts with spending cuts -- rick: and this is his whole rationale -- i'm sorry to interrupt you -- for his kate si, that he -- candidacies, that he knows economics, he knows how to get things rolling. so you really feel like this is an area, especially with the eurozone and the problems that may trickle down to our country, for him to stand up and get

specific. >> that's right. i think, actually, it would be appealing. i think the conviction and a firm plan and a willingness to be forthright about what he would do is going to be required. that moment might never come, but it might come if there is a feeling in this country come august or september that we are not greece, but that we are affected by what's going on with the eurozone crisis. and that could be a lehman brothers-like moment that happened to senator john mccain and senator barack obama in september of '08, and it could be a test of his leadership, and he should be ready to pass it. rick: but you know what happens, a.b., when politicians who are running for office get specific and start making concrete proposals and promises. then they have to follow through on that stuff. >> that is true. and just because president obama did not follow through on some of the promises he made in his campaign doesn't mean that mitt romney shouldn't present some real pledges and stick with them. two wrongs don't make a right. i think he should be willing to say exactly what he would do.

john mccain did it on health care during his campaign. president obama beat him up. president obama was against hillary clinton's proposal for an individual mandate on health care. of course, he then embraced it. it doesn't mean that once you get into office you shouldn't be held accountable, but during the campaign i think you should tell the american people -- especially in a moment this difficult -- just exactly how you would govern. rick: the latest piece is called the artful dodger. you can read it at "the hill." a.b., nice to talk to you. >> thank you. jenna: new details on efforts by the cia to help opposition fighters in syria. sources telling fox news turkey reached out asking for assistance in gathering intelligence on which opposition group to supply with weapons. chief intelligence correspondent catherine herridge is live in washington with more. >> reporter: jenna, good morning. a source familiar with the situation on the ground tells fox that turkish authorities reached out to the cia for assistance. turkey wants to expand its existing intelligence network inside syria, and this move has gained momentum.

turkey shares a border with syria stretching from the mediterranean east to the tigris river that runs through iraq. we are told the assistance has included money and technology, specifically technology that allows for greater visibility and coordination on the ground including communications and surveillance equipment. it's possible this equipment could be used to help document atrocities for future prosecutions. this is the most recent video we have from syria from the northern province, it reports to show a street protest suddenly broken up by gunfire. fox news was told that the primary goal of this relationship was to help turkey expand its intelligence capabilities which the u.s. would theoretically benefit from x a secondary goal was to prevent weapons from falling into the hands of al-qaeda in iraq that are co-mingled with the opposition. now, on wednesday the state department only spoke in broad terms about the assistance the u.s. is giving to the syrian opposition. >> we're continuing our consultations with syrian opposition to try to help them

to be more united, help them to work on their own transition thinking and to prepare the day when they can participate in that transition session. >> reporter: one analyst told fox this morning there is an inherent risk for the united states, building a stronger relationship with turkey could alienate a longstanding ally in the region, the curds, who control many of the traditional snuggling routes which brings with it a significant intelligence capability. jenna: very interesting. a lot to this story, catherine. we're going to have more on america's policy towards syria and how it relates to our relationship with russia, a big topic of conversation. peter brooks will join us for a look at efforts to bridge the diplomatic gap, if now ice the right time -- now's the right time to do that. rick: and coming up, a man beaten and left on the highway. the road rage incident all caught on tape, and now a major break in this case. we'll tell you what it is. and george zimmerman telling his version of events the night he says he shot and killed

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jenna: well, this just in, new developments in a road rage incident caught on tape in california that left one man lying in the road. now, two suspects are in custody. phil shuman with kttv is live at the california highway patrol office, the california highway patrol office in los angeles. phil? >> reporter: well, jenna, after this video went viral, a as they say, it was played on all the tv stations here in southern california as well, the man described as the victim came forward, and last evening two suspects simply turned themselves in to the california highway patrol office. they have been booked on assault charges. now, this fight that actually happened back on june 12th, and if it wasn't for the internet and it wasn't for the fact that

someone taped this on their smartphone, we perhaps would have never known about it. what you see the man we're describing as the victim in sort of that maroon shirt, he was cut off by another car, and they came out of their vehicles right on the side of the freeway near downtown los angeles and confronted him. the video shows three men arguing at first on the side of the freeway, then the victim and one of the three square off, they exchange blows and a second man jumps in and takes that victim to the ground. they each kicked him in the head three times. incredibly, they all got up and eventually drove away from the scene before the highway patrol got there after bystanders called 911. after the chp went public with a plea for help, the victim came forward, and then the two suspects turned themselves in last night. jenna: wow, phil, tough to watch that video. and we look for a resolution in the case. phil shuman for kttv, thank you. rick: some new evidence released in the trayvon martin shooting

case n. a just-released police interview videotape, george zimmerman describing what he calls a life and death struggle with the teenager. phil keating is just outside of orlando, florida w the latest on this. phil? >> reporter: hi, rick. this latest wave of ed dumped on all of us by george zimmerman's attorney, it includes numerous interviews zimmerman gave with sanford police as well as a dramatic video reenactment inside that gated community where all of this went down. bloody police photos of zimmerman that night show that he and trayvon martin clearly fought, but the 17-year-old's family maintains it was the unarmed teenager minding his own business who actually stood his ground. here is zimmerman with detectives. >> he pushed me down, somehow he got on top of me. >> on the grass or on the cement? >> it was more over towards here. i think i was trying to push him away from me, and then he got on top of me somewhere around here.

and that's when i started screaming for help. i started screaming, help, help, as loud as i could. and then is when he grabbed -- oh, i tried to sit up, and that's when he grabbed me by the head and tried to slam my head down. >> reporter: zimmerman then claims as martin was pummeling him on the ground, that's when martin sees zimmerman's .9 mm handgun which zimmerman says put him in a shoot or be shot moment. >> my jacket moved up, and he saw, i feel like he saw it, he looked at it, and he said you're going to die tonight [bleep], and he reached for it, but i felt like his arm going down to my side, and i grabbed it, and i just grabbed my firearm, and i shot him. >> reporter: last night the sanford city manager fired police chief bill lee who had been suspended due to never

arresting zimmerman in the original investigation. zimmerman, of course, claims self-defense here, but he remains in jail in sanford charged with second-degree murder. be -- rick: phil keating, thanks. jenna: we are awaiting the white house press briefing today, it's going to be the first one since the president invoked executive privilege in the fast and furious gun-walking scandal. we're going to be closely monitoring that press briefing, show it to you live, hopefully, when we get a chance. plus, a search and rescue mission as a crowded ship tips over. more than 100 miles from the nearest island. we're going to tell you where and what happened next. ♪

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jenna: well, now this fox news alert, the top democrat in the

house, nancy pelosi, making quite an extraordinary charge. she held a briefing this morning and spoke out on the fast and furious controversy. she says now that the republican contempt vote in the house committee yesterday is all part of a nationwide scheme by republicans to suppress votes, to suppress votes in the upcoming election. take a listen. >> this is no accident, it is no coincidence that the attorney general of the united states is the person responsible for making sure that voter suppression does not happen in our country, that issues that relate to the civil liberties of the american people are upheld. these very same people are holding in contempt are part of a night wide scheme to suppress -- a nationwide scheme to suppress the vote. they are closely allied with those who are suffocating the

system. unlimited special interests, secret money, and they are poisoning the debate. they are poisoning the debate with that money. jenna: now, this is the first time that we've heard that accusation from nancy pelosi. more on that as we get it. in the meantime, a short while ago we spoke to vermont congressman peter welch who voted no yesterday on the vote for contempt. he serves on the committee making that vote. while he says this story is now too politically charged, he did leave the door open for the justice department to hand over more documents. >> what we know here is that this was a botched management operation. this is not about corruption. this is an operation gone wrong. it was poorly managed, poorly monitored over the course of two administrations. actually step back, take a breath, work with the attorney general to get more documents because i do support the effort to get as many documents as we need as long as it's not asking the attorney general to violate the law.

jenna: one of the reports from the associated press this morning that potentially there was a deal being worked out and still work being done between the republicans in the house and the justice department for some more, additional documents. we'll see if that comes to pass n. the meantime, we're likely to hear more about this story in the white house press briefing. we're awaiting that, we'll bring you news as we get it. rick: right now a desperate situation in the south pacific. a boat filled with refugees who were seeking asylum in australia capsizing. julie banderas is following this. >> reporter: off the coast of australia with up to 200 refugees onboard, and right now australian and indonesian crews are currently searching for survivors. that's about 120 miles north of the australian territory of christmas island. it seems the boat overturned during an apparent attempt to reach australia. christmas island, by the way s a popular destination for a growing number of asylum seekers, many from iran, afghanistan and sri lanka who

attempt to reach australia on overcrowded fishing boats from indonesia. officials fear scores of people have drowned as a desperate search and rescue effort is currently underway. >> there's about 40 on the whole, and the rest are in the water. some of the very early reports suggest that up to 75 people may have drowned, but i do stress they're unconfirmed at this stage. >> reporter: two indonesian warships have been dispatched to help. it's not immediately clear where those passengers were from. an estimated 48 people died when a boat broke up against christmas island's rocky coast back in december of 2010. rick? rick: julie banderas in the newsroom, thank you. jenna: well, there's more word today on who is behind arming the conflict in syria. sources confirming to fox news the cia is providing intelligence to our allies to ten direct weapons to opposition fighters. this while russia provides support to the assad regime. this is all part of growing tensions between the u.s. and russia. the president making it clear during the g20 summit in mexico

that he and president putin remained far apart when it comes to finding a resolution for the violence in syria. >> i wouldn't suggest that at this point the united states and the rest of the international community are aligned with russia and china in their positions, but i do think they recognize the grave dangers of all-out civil war. jenna: in the meantime, secretary of state hillary clinton looking beyond some of these differences that are coming up with syria to find areas she says that we should consider to agree upon. secretary clinton writing this editorial in the "wall street journal" that was calling on congress to extend permanent, normal trading relations to russia. she argues the move is in our long-term strategic interests, and it would expand u.s. exports and create more jobs here in america. so an interesting argument on the economy while we're also taking a look at some of these international issues. peter brooks is a senior fellow

for national security affairs at the heritage foundation. peter, let's start, first, with this news on the cia. i'm going to read directly from "the new york times" who wrote wrote up an article about the cia helping turkey with intelligence issues, and they say here the cia officers have been in southern turkey for several weeks in part to help keep weapons out of the hands of fighters allied with al-qaeda or other terrorist groups. is that even possible? >> well, it's very difficult. i would say my first reaction, jenna, was that just a few weeks? i mean, it seems like this conflict's been going on for 15 months. my hope is they've been there for a long time. i mean, one of the challenges is gaining intelligence and figuring out who the opposition really is. you know, are there bad actors among these groups? they're saying there's more than 100 militia, so i think it's really important that we have people on the ground in the region -- not necessarily in syria -- that are there trying to collect intelligence so our policymakers can make the best decisions possible. jenna: one of the other reports

we're getting is groups like syria's muslim brotherhood, we have groups out of saudi arabia, out of turkey as well which we just mentioned which are funneling money and weapons into the opposition. peter, i know these reports have to deal with intelligence and intelligence gathering and doing some research for some of these other people that are funneling money. should we be out in front, though? if we really want to overthrow the regime, should we be the ones taking control here and providing money and weapons if that's what it's going to take? >> well, i mean, i'm disappointed that it's in the paper, frankly, because i just think this is very, very sensitive operations that are going on, and it puts our folks in harm's way that it's out in the news. but, you know, i think we need to try to shape the environment if we're really serious about getting rid of this regime. we need to be able to understand who we're dealing with. this is critically important for us, jenna, to understand that. then we should understand we should make decisions about what we want to funnel that, whether

it's information, whether it's intelligence, are these people we can deal with, and then, of course, down the road whether we would want to give them weapons. now, some members of congress are calling for that, some are calling for a no-fly zone. there's a lot of things at stake here. but it all starts with understanding the situation on the ground in syria, and i'm not sure that we really have a firm grasp of that at this moment. jenna: a quick final question. it seems that there is a proxy war going on. you have saudi arabia involved, russia on the side of assad, hillary clinton saying, listen, now is the time to engage russia economically because it'll benefit us as a country, but russia's supporting the guys that we don't like. so what do you think about that in general, peter? is it wise to engage a country on the economy with the hopes that maybe they'll come more to your side on other issues? >> well, i think there's actually advantage to us in free trade with russia. we have a trade deficit right now, jenna. i think we can sell a lot more to russia. you know, we want to improve our trade relationship there because

it benefits us here at home, and we have a tough economic situation. but you make a very good point. this is a very complex, complicated relationship with russia. we want to shape, you know, the situation so that it protects and advances american interests, and that's not easy. in some cases we have a limited amount of tools to do that. but you're right, the relationship is tough, and it doesn't look to be getting better in the future with moscow. jenna: timing is everything, isn't it? all right, peter, we're going to be talking more about this, i'm sure. thank you so much. >> thank you. rick: speaking of timing, our timing is perfect to go to jay carney at the white house, just getting a question in the daily briefing on fast and furious. let's take a listen. >> we are ten days away from student loan rates doubling, potentially impacting over 7.4 million borrowers, yet instead of creating jobs or helping the middle class, congressional republicans are focused on this politically-motivated taxpayer-funded election year fishing expedition. the problem of gun walking was a field-driven tactic that dated back to the previous

administration, and it was this administration's attorney general who ended it. in fact, the justice department has spent the past 14 months accommodating congressional investigators, including producing 7,600 pages of documents and testifying at 11 congressional hearings. yet republicans insist on moving forward with an effort that republicans and objective legal experts have noted is purely political. given the economic challenges facing the country, we believe house republicans should instead be engaged in efforts to create jobs and grow the economy rather than political theater. >> so you think it's political theater, um, but -- ray. rick: jay carney calling the situation going on right now with the house oversight committee a taxpayer-funded fishing exwe expedition. we're also listening to mitt romney's remarks in florida. the latest when we come right back.

. bill: the presumptive g.o.p. nominee former massachusetts governor mitt romney speaking to latino leaders in orlando, florida, making news, commenting on the president's immigration announcement from last week and talking about his own push and plan to support a citizenship for anyone who is in the country illegally who serves in the armed services.

>> too many of the patriots died on distant battle fields for our freedom before receiving full citizenship in the country they called home. as president i will stand for a path to legal status for anyone who is willing to stand up and defend this great nation through military service. [applause] those who have reus -bd their lives irisked their lives in defense of america have the right to make up their life in america. but that is only one part of the equation. we must also make legal immigration more attractive than illegal immigration, so that people are rewarded for waiting patiently in line. that's why my administration will establish a strong employment verification system so every business can know with confidence that the people it hires are legally eligible for employment. we could find common ground here, and we've got to.

we owe it to ourselves as american to make sure our land remains the land of opportunity both for those born here and sheur our values, respect our laws and want too come to our shores. throughout my campaign i've often had the chance to speak about my dad, and how proud i am of him. he was born to parents, american parents living in mexico. when he was five they left everything behind and started over in the united states. his dad, my grandfather was a builder, and he went bust more than once. my grandfather didn't make much money. there were times in my dad's life when he lived in poverty. but my grandfather had big hopes for my dad, and tried to help him as best he could. my dad didn't finish college, but he believed in the country where the circumstances of one's birth were not a barrier to achievement and he wasn't afraid of hard work.

he held odd jobs. but he got plasterboard, selling point. he was lucky enough to live in america, where hard work can turn aspirations into realities. after he became a man of the business world he got the opportunity to lead a great car company and ultimately he became the governor of a great state, the state of michigan. this is my father's story. but it could be the story of any american. most of you here today are leaders in your community. you're here because you've benefitted from the land of opportunity, and you want to give back to this country, to fight for its people, so they have the same chance to succeed. we are truly one america. everyone here has made this exceptional nation what it is today. this isn't an election about two people, this is not an election about being a republican or a

democrat, or an independent. this i is an election about the future of america. i'd ask each of you to honestly look at the last three and a half years and ask whether we can do better. is the america of eleven percent hispanic unemployment the america of your dreams? we can do better. we can prosper again with the powerful recovery we've all been waiting for, the good jobs that so many people need, and above all, the opportunities we owe to our children and our grandchildren. i will do that. i will make that happen with your help and your support. thank you so much and god bless this great land. thank you. [applause] bill: and governor mitt romney addressing latino leaders in south florida today at a convention the president will be attending and speaking to that same group tomorrow, by the

way. the news headline from this seems to be the governor's support for a plan to citizenship, legal citizenship for those who agree to serve in the united states military, governor romney is saying, we can find common ground on the issue of immigration. jenna: we should expect a lot of major policy speeches over the next few months. there is even more discussion about what we heard from the president and his campaign as a major address on the economy. the president saying economic growth is quote, the defining issue of the campaign. republican critics agree with that. but that's where the agreement apparently ends right now. daniel hennenger is the editorial page editor for the "wall street journal" and joins us with his piece printed in the "wall street journal" today, "it's a single i shal issue election. >> we have a blizzard of events coming on, a lot of incoming, fast and furious.

at the end of the day the american voters, the one deciding the election in november are focused on one thing and that is the state of the economy, because it hasn't been good and it hasn't been good for a pretty longtime now. the federal reserve just yesterday said they think through next year the unemployment rate is going to be 8%. that's very high unemployment for an economy of $15 trillion, and so i think most voters are going to be looking at those two men very closely to try to figure out which one is going to take them into a better economy. jenna: one of the things you reference in your speech was the economic speech the president gave last week. a question everybody is asking from republicans and the president as well are there any new ideas out there when it comes to the economy? what should we be asking for as voters. >> i'm not sure there are any new ideas, that is a good question, jenna. the president was right in saying that he thinks his views and mitt romney's views, the republicans views represent what

he called two fundamentally different versions of how one should lead the economy forward. the president believes the government should do so through inch instruments traoel policy, infrastructure and energy and raising taxes on the wealthy where mitt romney is more rooted in the private sector. without the government leading. and i do think that the burden at this point is on mitt romney to explain in more detail than he has so far to the american people why the incumbent president is wrong to say that the government should be the primary protector of the economy. jenna: interesting. we heard the immigration speech today, at least one of them. we'll wait to see if we get one on the economy. that blizzard of news has snowed us out a little bit, dan. will you come back? we'll have to continue the conversation later. >> i sure will. jenna: appreciate it. bill: we continue to keep an eye on the white house briefing going on right now. that's jay carney getting a lot of questions about fast and furious, a lot of questions about the president invoking executive privilege yesterday to prevent the justice department

from having to turn over documents that have been requested by members of the house of representatives in the oversight committee. we will continue to watch this and listen for any news that comes from it. jay carney saying invoking that executive privilege what's sense alfor the president to be able to conduct business in the executive branch and that the administration has been cooperating as best it can with the various investigations going on in congress. we'll keep watching this and we'll have it streaming for you at foxnews.com so you can watch it live, the entire briefing right now and we'll have more after a quick break. [ male announcer ] this is sheldo whose long day setting up the news

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executive privilege saying really it's essential that it helps to separate powers, it's instilled in the constitution nat executive branch has the ability to deliberate and make policy and have the kind of discussions that the executive branch needs to have in order to make decisions, and they need to be able to do that privately, and that is simply what the president was talking about yesterday. congressional leadership doing a lot of talking today as well about fast and furious, and we just heard from congresswoman nancy pelosi saying that the committee vote on a contempt resolution for the attorney general is part of a scheme, a republican scheme, in her words, to suppress votes in november. speaker jon boehner weighing in today saying that the president's assertion of executive privilege suggests that the white house has been involved in the fast and furious case. let take a listen. >> the decision to invoke executive privilege is an admission that the white house officials were involved in decisions that misled the congress and have covered up the

truth. until yesterday it was just the department of justice that we were concerned about. clearly at the 11th hour and 50th minute the white house decided to inject themselves into this where there had been no indication that the white house had been involved at all. bill: jay carney moments ago saying awful this is part of a taxpayer-funded fishing expedition. we'll keep following the white house briefing and bring you any news. jenna: many people dream of getting away to beautiful, tropical islands, right? now one of the world's richest men is going a step further. he's actually buying an island, an island you know writ is and who is signing the check, straight ahead. ♪ why not make lunch more than just lunch?

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jenna: back to the white house now, jay carney answering more questions on fast and furious. you'll listen and you'll hear the voice of our very owned henryowned henry. >> i think you're engaging in selective listening. what i did say, every page related to the fast and furious operation, and that is what is at issue here, how did this operation come about, how did this tactic begin to be used, which everyone recognizes, including the attorney general, the president of the united states, congressional leaders of both parties was a flawed tactic and a mistake and that's why this attorney general referred this matter to the ig for investigation. what is being -- the documents over which a privilege is being asserted are internal executive branch documents that have to do

with responsible to congressional inquiries, response to media inquiries, those kind of deliberations have been protected under privilege as a matter of the separation of powers enshrined in the constitution by both parties dating back 30 years. >> how many pages? >> i don't have a page count for you. >> why not. >> i just don't. >> beyond the broad -- >> as you, perhaps more than other given the interest in this at your network knows, the administration, principle plea the department of justice has provided extensively and provided documentation. they have even provided documents related to an interest in whether or not people in the white house knew of this operation at the time and provided that -- provided that. >> how many -- >> let me finish, please, ed.

and provided that last fall. there wasn't a lot of interest in that because it disappointed those who are trying to make politics out of it. and here is the central fact of this matter. this many months into it, this many months where house republican leaders have been focused on this rather than helping the economy grow or helping it create jobs is that there is no evidence of anything beyond what the attorney general has said about this matter. and our level of cooperation has been extensive. >> when you say going back to last fall the president's executive privilege claim only came in yesterday. why are we getting no information -- >> because we made ever dar -- >> and how broad is the scope? what does it cover? >> ed i can attempt to get more details for you in terms of what it covers. i don't have page numbers for you. what i can tell you is that the assertion of privilege came at the time when it became clear that there was no intention to

resolve this matter, at least to that point in a good-faith effort by house republican leaders, that they were committed to their previously, publicly announced intention to hold a contempt vote, a highly political gesture, completely partisan vote, and when efforts to resolve this matter otherwise were exhausted in order to provide the absolutely necessary stewardship to the executive branch that this president must provide on behalf of his administration and every future administration this action was taken. >> there is a question of how far the privilege goes. traditionally privileges involved either the interactions with the white house, and the white house staff, or national security. in this case it seems to go beyond that. is it a general thought in the white house that executive privilege assigned is applied to

all the executive branch? >> i'm not the counsel, but i think you need to do a little research. the truth is our assertion is consistent with the positions taken by prior administrations in disputes with congress that date back to the washington administration in 1792. the legal analysis is blessed by the career doj staff who have advised both democratic and republican add minimum strayings on congressional executive relations and as both historical practice and judicial decisions confirm the fact that documents reside within an agency rather than in the white house is irrelevant as to whether they are privileged. there are at least knife examples we can provide to you from recent history where that is demonstrated. kristen, then dan. >> in 2007 president obama darn -- [inaudible] does he not run the risk of looking hypocritical by criticizing the former presidents and now essentially

conducting the same action? >> no, because this president again is after making it through his department of justice, an extraordinary effort to cooperate with congress on this matter, providing thousands of pages of documents. having the attorney general testify eight times, asserting a privilege that retains the capacity of the executive branch now and in the future to operate independently as enshrined in the constitution. i would note that this is the first time president obama has asserted the privilege, but as you know previous presidents of both parties have done so repeatedly. according to crf executive privilege has been asserted 24 times since 1981. george w bush six times, president clinton 14 times. president george hw bush asserted it once and president reagan three times.

president obama has gone longer without asserting the privilege than any president in the last three decades, which is consistent with the statement that you quoted. bottom line is, after a level of cooperation that i think demonstrates this administration's absolute interest in finding out the truth about the fast and furious operation, and why that flawed tactic was used, it's origins and it's implementation, it's efforts to work with congress to provide it the information that was required under legitimate oversight needs, and assertion was made, because this has become a political fishing expedition, and it is absolute evidence, and i would refer you to the statements by congressional house -- rather republican congressional leaders from the beginning of the year where they made clear that one of their chief priorities for this year was to use their

investigative power in the house to score political points in this election year. you know, i think knowing that tells you everything about the motivations here. >> you raised the point that you turned over thousands of documents and yet not all of the documents that congress would like to see. so what is the difference? why not -- >> i think i've made clear an answer several times to the questions that every document that relates to fast and furious operation has been provided. every -- and others have been provided that as i mentioned last fall that relate to any knowledge anybody in the white house had contemporaneously about the fast and furious operation. again as part of an effort to cooperate. as part of an effort to resolve this matter in a professional way, not in a partisan way. unfortunately there has been a clear commitment by the chairman involved, and leaders in the republican party in-house, but also in the senate to try to

turn this into a political issue. and i think it is worth checking in with the american people as to whether they think that is worth the effort, that that is what they want congress to be doing at a time when congress could be passing bills tomorrow that would keep a million construction workers on the job in this country, in this economy. they could be passing bills tomorrow that would insure that teachers would not be laid off, and the teachers that have been laid off with return to the classroom. they could pass a bill tomorrow, to provide access to historically low mortgage-interest rates to americans across the country during a period where we're still very much recovering from a terrible housing -- having the housing bubble burst and the crisis that ensued for so many families with regards to the values of their homes. these are actions that the american people expect congr