contempt citation on thursday. megyn: chris stirewalt is our reporter. we see him coming out and echoing what nancy pelosi said last week, which is this effort to get mr. holder has nothing to do with brian terry, it has to do with stopping him from the work he is doing and challenging voter id laws in various states. is there the risk to the democrats in having not either message when you have the parents of brian terry, so emotional this week. reporter: the whole thing in this case, and what makes this difficult comment we have talked about it before, what makes it difficult for democrats is the compelling content compelling narrative of the brian terry family and their english and demand for question. this trail on older and everything else leads back to that. you have to explain what is

going on here, and it always goes back to the death of that young man. that is inescapable for the attorney general and the democrats for it. when they bring race into this, and we should point out at the house speaker -- the former house speaker, nancy pelosi, was more explicit in her accusation against the republicans. she essentially accuse them of trumping up the whole charge just to prevent holder from walking voter id laws, especially down in florida. a key state for mitt romney, she went even further. you are right, when they do that stuff, it makes the democratic base, but it may make some swing states in michigan and wisconsin and ohio unhappy. megyn: today you mentioned the race card. not only did reverend al save they were preventing what they called voter suppression, the states that pass these voter id laws don't see that suppression, they see it as a legal vote

suppression. they don't want people to vote who cannot legitimately vote. reverend al came out just last week with a scathing editorial opinion piece on the attorney general and the contempt of congress vote. and he did not go as far with the microphone today, but let me read what he wrote. he said ag holder was reminded that despite his esteemed position, he can and would be profiled. ag holder was stopped and frist without probable cause. no matter what our stature in this world, someone could easily try to put up in our place. what could be more outrageous? this race card has been played, and it has been keyed up by the reverend al, who is one of a few players in this country who tend to do that on stories. sometimes appropriately, sometimes not. there is risk to the reverend and the cause he championed, if that outrage is misplaced in this case. reporter: sure, think about what

is going on. another thing the ag is involved in, out in arizona he is setting up for a battle with governor jan brewer in that state over these laws that the supreme court let stand. the part of the law, there immigration laws, the attorney general is itching for a fight over this. what he says will be civil rights violations. what he says will be violations of individual constitutional rights on the basis of race. the attorney general -- the reason he had such ardent support from people like al sharpton and in the people of the naacp, he has been a crusader of a return to jim crow, institutional racism in the united states. he has taken up their cause is like no attorney general avril, and they want to rush to to his defense. there is a danger that for these voters, we are talking about white, blue-collar voters. if they feel like they're being called racist and being

persecuted, the overwhelming majority of voters, especially white voters, like the air is online think it's a good idea. megyn: i mean, it seems like on several of these issues, chris, some of these controversies, certain players always go back to race. it is always -- the tea party it was a bunch of racists. if you disagree with certain policies, you are a racist. if you go after eric holder, you are a racist. he did not go that far, you tell me what the reverend al is trying to get out. patted down and publicly humiliated her, ag holder has been mishandled, just like the young black and latino men that are demonized on the streets every day. is there no consequence to reverend al, to those who feel this way and continually, over and over, no matter what the issue, trying to say that this is about race. reporter: layered over this entire presidential election is the question of race.

but for the moderate voters, the suburban voters that felt good about electing barack obama and having a black president in the united states in 2008, these same voters are open to mitt romney. they have real reservations about the president's handling of the economy, and there are a lot of democrats that the racial motivation that. democrats were some democrats are hoping this happens. folks feel guilty working within the president, and maybe they can come out and support him because they don't want to kick out the first black president. that is the danger, and you hit it on the head, megyn, if you start early in push too hard, the accusation of race -- by november, it becomes discounted. megyn: chris stirewalt, thank you so much. for democrats and some civil rights activists, now making the argument that the holder contempo has nothing to do with "fast and furious" or border patrol agent brian terry's death. and everything to do with voter

suppression. that is their term. reverend al suggesting it may have to do with well, you tell me. whether he was trying to get it to be race in that op-ed we just quoted. we will have a fair and balanced debate on those charges in our next hour. megyn: tropical storm debby. she has florida in the state a state of emergency with many areas underwater. setting up camp in the gulf of mexico, the main problem is a rain ball. out west, a wildfire closing in on the air force academy near colorado springs. that fire is just one of dozens breaking out content out across the west. the heat is not helping firefighters were trying to get them under control. the wall that canyon fire hazard course 11,000 people from their homes.

strong for winds and high temperatures that could cause explosive growth. meteorologists expect a 100-degree weather day. a prominent congressman under federal investigation, taking a leave of absence from his post in the house or the illinois governor jesse jackson junior is being treated for exhaustion. he is being investigated for the corrupt activities of impeached illinois governor, now prison convict, bauble goodrich. mika spoke with him and his live in chicago. >> when you see that jackson is being treated for exhaustion come you will see that is in quotes. no one knows what that means in a relatively young man. a release from the office is on

the website as follows committee is being treated for exhaustion, he asked that you respect his family's privacy. quite possibly the exhaustion is related to this investigation from the congressional investigation of committee. and that takes us all the way back with rod blagojevich. what jackson never knew until this republic is that he was used as negative leverage, give us what we want or we will put jackson in not see. he was often the butt of the joke. >> he's mostly stable to do anything but that she shouldn't even be a congresman griffin.

reporter: congressman jackson has mental problems. the investigation of the chicago sun-times asked nyack to fly and expense into chicago for personal relations. jackson is married to cindy jackson, she has not been quoted. now, he was arrested by federal authorities last week on allegations involving a surgical center. not the rod blagojevich case. and attorneys for jackson says that the evidence from that arrest will never reach the congressman and there should be notes that jackson's medical leave began before nyack was arrested. megyn: michael tobin, thank you so much. in three minutes, america's toughest sheriff will respond to the supreme courts ruling on the controversial immigration law. and come on the diff decision by the feds to stop cooperating with arizona, and its sheriff when it comes to law. sheriff joe responds after the

break. david -- sandusky's wife stood by her husband during the most vile thing imaginable. dr. keith ablow goes inside the mind. and president obama has a new message for voters. is that a message contradict president obama? the panel debates next. >> is normal for people to be cynical. right now people are saying all americans are doing terribly in this and that. when we going to do. unless you ask, "what's next?" introducing the all-new rx f sport. this is the pursuit of perfection. without freshly-made pasta. you could also cut corners by making it without 100% real cheddar cheese. but then...it wouldn't be stouffer's mac & cheese.

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megyn: just moments after the supreme court's ruling yesterday, upholding one of the most controversial aspects of arizona's immigration law, that that allows police to inquire into a person's immigration status in certain cases, the

obama administration announces that it will suspend all agreements allowing arizona cops to enforce federal immigration laws. these have been in place for it while and no longer. the feds have trained some 1500 arizona law enforcement officers, and how they can enforce the existing law. but the homeland security secretary says those are no longer welcome. joe arpaio joins us now from he is the sheriff of maricopa county. the agreement they had with you, they suspended the agreements throughout the state of arizona. saying that the help of the arizona sheriff and law enforcement -- that they essentially helped train on the taxpayer dime, to help enforce the existing law. no longer necessary or required. your reaction? >> well, you know, that is sad -- a sad day that the supreme court came out with everyone. you know how they operated.

it is a sad day. a sad day for law enforcement. all we are trying to do is help the federal government. they want to sever the ties because they don't want them to call i.c.e. or make decisions. they want law enforcement when they come across any illegal aliens now. they're going to have to turn them down and can't pick up the illegal aliens, according to the policy yesterday. i will tell you one thing, we will enforce those laws are not going to stop. we have been very successful, and we don't need the federal government. we have state laws we are enforcing. megyn: let me jump in and ask you, how this works as a practical matter. you are more familiar with it than we are. part of the law that the court court upheld yesterday is that law enforcement officers, when they pull someone over for a routine traffic stop, if they have reasonable discussion that this is an illegal immigrant,

they can inquire into the immigration status. that law stands, but the high court said that may turn out to be unconstitutional if you detain a person for longer than it would have taken just to write in the ticket for this meeting at the red light or whatever. if you keep them too long, it could be illegal. you have to rely on the feds. when you're checking the license and registration, are you calling the feds to say, all right, joe smith, is he here legally or not to if the feds want to make that stop take extra long with before they get back to you, thus causing constitutional problems, they can do it, can't they? >> against the good, but the worst part is they may not respond to pick up the illegal aliens. the new policy, only felons and murders and that type of category. what happens when we stop these people with no state charge. we call the feds and they say no, we are too busy. what do we do? let them back on the streets?

i guess that is what is going to happen. that is sad. i'm going to try to work around this and come up with some of my own ideas within the constitution and the laws. you know, the government is now trying to cut our throats in arizona. holder just took me to court on alleged profiling. they had this information for 3.5 years. why did they wait until last month to take me to court. megyn: yes, you have your own dispute going with the department of justice. there are a couple of ways to get involved with the feds. number one come you call them if you do this routine traffic stop etc. then they have to respond by phone, we will see how long it takes them. if they take too long, you could be in a constitutional problem. if the person does turn out to be an illegal immigrant, they are now saying publicly that they -- they don't care unless the person is a convicted

person. a convicted criminal. if they already had a criminal conviction on the record, or they have argued and deported. those are the main two reasons that they actually will respond. short of that, the person has been arrested three times for murder, they are not going to respond. >> this is amnesty. we know what is going on. you heard the policy of the president last month, on the dream act. now we have this policy coming up, they take it and put it in handcuffs and try to stop any cooperative efforts. we try to work with the feds. they are angry at arizona, and i guess they are angry at me. reverend sharpton led to 10,000 people against me, wanting me to resign. we are not going to surrender. i'm going to keep doing what we are doing, enforcing those human smuggling laws, nothing is going to change as far as my office is concerned. megyn: how much effort --

governor brewer said there were 1500 state and local officers that assisted in the enforcement of federal immigration laws. they have been trained by dhs. now they are told no, we don't want to do that. how much effort went into training the officers? how much time and effort down the drain in a. >> we have had the largest. 200 of my officers -- 100 deputies working the streets. let me tell you, we are the most well-trained law enforcement in the united states. after six weeks of intensive training by the federal government. now, they took away my authority last year, because of politics. now they are taking away some more authority for other law enforcement organizations in the state. that is sad. we ought to be working together and trying to solve this problem megyn: sheriff joe arpaio, thank

you for your thoughts. follow me at twitter on megyn kelly. it is just hours before this report will hinge on the biggest decision in the decades. it will affect tens of millions of americans who might ever need a doctor. within the next few minutes, we will speak with some true experts in the industry on what could happen to those with insurance during this week, and to those who do not. and if you have ever used a discount travel website, wait three minutes for our report. we will show you the computer that you use that could be impacting your savings. two kids go to the hospital with severe sunburn. now, a mother is blaming a school policy. >> i said, wow, that is remarkable that your staff is not empowered to make a common sense decision. [ male announcer ] this is rudy.

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see one john edwards is just someone she used to know. this had he seen a week ago is no more, apparently. rielle hunter announced that she and john edwards have split up. he recently beat charges saying that he had hunter with donations, contrary to federal election law. he was apparently, according to federal prosecutors, trying to stop rielle hunter from sharing the love. she announced the split this morning on good morning america. >> we are family, but as of last -- the end of last week, john edwards and i are no longer a couple. not at all. >> because of the book? to for me, for my part it is

because i'm no longer interested in hiding. >> hiding what? >> hiding our relationship. >> up until last week, you were saying you are a couple. how did it end? would you say to him? >> i think that is private. >> you ended it definitively? >> we decided to end it together. megyn: i am confused. what do you mean? i don't want to hide the relationship. it has been on the front of every newspaper for months. there was testimony in court about their love affair, their daughter -- it is kind of out there. in any event, coincidentally, her new tell-all book is released today. megyn: a new story out today about how one website is giving customers different choices and perhaps different prices. based on the computer that they use. it turns out that travelers using an apple computer to log

onto orbitz.com may be paying more than folks who use a windows pc. reports say that site is showing pricier packages first two people that use apple equipment. shibani joshi is here to explain. reporter: it sounds strange, but it is completely true. it happens all the time, and it is legal through a process called data mining. online websites get information about you, where you are logging in from, and your search history on your computer to give you a more targeted result. online travel website orbitz targeting potential travelers based on the type of computer that they are logging in from. they are doing it for a very good reason, through their research and data mining efforts, they have been able to glean that mac users spend 20 to $30 more per night. they are also about 40% more

likely to book a four or five-star five star hotel, on average they book more expensive hotel rooms than pc users. let's be very clear about what is happening here, megyn. what is not having is that a pc user is getting a cheaper hotel price versus a mac user. what is happening instead is that a mac user may be given, for example, a hotel room at the top of the list on a higher end price tag. being delivered in four seasons option versus a western option. if you don't want to be targeted in this way, luckily we do have some choices out there right now. the competition is not targeting you right now based on what kind of computer you are logging in from. if you want to do a travel website like travelocity, priceline and others, i have a feeling the competition is learning something from orbitz. so this may not last long. megyn: those are all interesting

to me. reporter: overall, in the pc market, 9.8% of overall users using mac. on average, they earned $20,000 more than pc users. they are just richer. maybe the computers are more expensive and than they are willing to spend a little bit more. marketers are getting pretty savvy about how they target them. megyn: unbelievable. i feel like if you're into everything today. gmail makes you feel so uncomfortable. how did you know i wanted to go here? get out. >> they need to keep those offices opens and you can avoid that altogether. megyn: thank you. new questions today over comments the president made, suggesting that it is fashionable for people to be cynical about politics in the country. our panel debates who might be blamed for that. and she defended her husband under orc, protecting all the evidence that jerry sandusky had

sexually abused boys in their house. while she was home. she didn't think anything was on about him going down into the basement to put these young boys to bed night after night. dr. keith ablow weighs in on what dottie sandusky you, and why she did nothing about it. plus, new allegations from some democrats that the impending contempt vote against eric holder has nothing to do with "fast and furious", and everything to do with trying to distract him from his effort to crack down on voter id laws that are popping up around the country. our panel debates that next. >> these very same people are holding him in contempt, part of a nationwide scheme to suppress the vote. >> you know, have you noticed? what is the deal here? what is it with these people? they all sound like it is after happy hour, they are repeating themselves like morons.

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the president is coming up fire for saying this. >> it's fashionable for people to be cynical. we go in cycles like this. a lot of people are saying america is doing terribly and this and that and what are we going to do. let me tell you something. there is no problem out there, no challenge we face that we do not have the capacity to solve. what's looking right now is that some of the worst impulses in politics have been rewarded. megyn: who is promoting some of those worst impulses and how are they being rewarded. joining me leslie marshall and lars larson. so the president's suggesting it's trendy to be cynical and some are pouncing on that suggesting he's the one who helped make that trendy, lars. >> on the best date president has it half right and he has it half right today.

we are optimistic about our country. we are cynical about the government and what the government does to our country in the way of regulation. i think that that's what the president is talking about. we have a president who declared war on the state of arizona and other states who don't do what he chooses. his own democrat friends won't vote for his budget so he declares he can do it on his own. i think that's why people are cynical about government but not cynical about america. megyn: he goes on to criticize some of our worst instincts in politics are being rewarded. this sounds the obama of 2008. but even some on the left have said they missed that guy and feel instead of changing washington and those politics he has become a part of them. >> whether a person is a president center, left or right,

i always say once they become elected watch them become part of that. when i was sitting with my unemployed republican friends, i have more than one. an was watching one of his three 60-inch screen television i was confused base thought he and you and other republicans don't want the government to help they will. they want less government. so perhaps some of our cynicism is we need to look at this as an opportunity and not just an obstacle that we can overcome. we have overcome 9/11, we have overcome pearl harbor. we can overcome this. >> there is a huge company in america that makes engines for trucks. the epa says we want to you build cleaner engines. that sounds good. the epa says we have technology that will license to make clean

engines. the company was stupid enough to do business with the government. they bought the technology, they made the engines then the epa said those engines rngt clean enough we are now going to fine you $2,000 for every engine you make. using our technology those engines aren't good enough. when you do business with creeps and crooks like that in government you have got to understand why people get cynical about this. megyn: the president has come under fire for making comments about the american people, that we have gotten lazy and soft, there are a couple of examples where we lost our ambition and imagination and willingness to do the thing that built the golden gate bridge. he talked about how america's shown arrogance and been dismissive, der risive at times. we have gotten soft. on and on it goes. over the course of 3 1/2 years it may not be that's times but

it caught the attention of his critics. now to complain that we have gotten cynical about america doing terribly, is he in a position to cast that stone? >> i don't see it as complaining. i'll probably get emails. on the way here i counted and there were 11 help wanted signs i have seen up for week. that's just between my home and the studio. three people i called this week to work on my home did not return my calls. these are small businesses crying about the bad economy. on its worst day, america and the poorest of americans still fare far better than many middle class in other countries. but i do think we are cynical, especially in an election year. megyn: even though the president may or may not be in a position to make this argument, is he wrong? is he wrong about our politics?

really bumming the american people out right now? >> there are people sticking to their values on the republican side. the president wants congress to pass things that would violate those beliefs in smaller government and more libber difficult for citizens. i think what he's doing is channeling jimmy carter. if you go back to the 70s temperature jimmy carder had the malaise speech where he blamed the americans for the failure of the country to do well. we got a better quhe. that's what we are going to get next year. but this poor guy is channeling 40-year-old democrat garbage that jimmy carter also got to peddle. megyn: i don't think he was trying to cut the president a break there, leslie. i don't think he really was. >> where was that break? megyn: leslie is going to discuss with it her other republican friends and get back

to us next week. thank you so much. there was a laundry list of disturbing stories told in court this no with football coach jonna jerry sandusky. and his wife insisted she saw nothing, heard nothing and her husband is not a monster who molests little boys. could she have been completely in the dark about this? dr. keith ablow is here with an interesting take on dottie sandusky. a bear cub finds itself in a world of trouble. but don't you worry. mama is come together rescue.

megyn: while jerry sandusky settles into his prison cell, the focus returns to his wife. dottie sandusky swearing under oath that she did not see or hear anything inappropriate under her roofer. now that her husband has been sentenced for unspeakable crimes against children, critics are asking how she failed to notice what was going on for more than a decade right under her nose. dr. keith ablow is a psychiatrist and member of our medical a team. we talked about her a little bit last week and we got a ton of emails from viewer hospital had thoughts of dottie sandusky who in the minds of some is a coconspirator for failing to protect the little boys who she

says her liers and making things up about her husband. >> dottie sandusky was seen joking with her husband even after a rendition of grueling testimony of what one of these boys went through. there are people with pathological denial. they have always had their heads in the sand, they grew up in dark circumstances perhaps with traumas around them. they didn't want to believe it so they reproduce the same life when they get married. to bury their heads in the sand, deny anything is happening. since women are easy marks for the likes of jerry sandusky. but there are other possibilities, too. megyn: you write in your piece on foxnews.com that's people choose this way when they marry, to find somebody who creates a similar conflict their marriage to the one they grew up with so

they can create the same trauma and hope for a better result this time around. >> i don't know dottie sandusky, but if she grew up with an -- with an abusive man in the household, she might attempt to do better. there is a darker possibility. there are people possesses of violent fantasies of real desire to do others harm. they aren't -- they aren't i'll put this in quotes, good enough to perpetrate these acts themselves. they become assailants by proxy. they find a kind of guided missile to live with, then they are able to deny, no i'm a good person and what jerry was doing, that's all jerry. meanwhile it's filling some dark need that's inside them that may be unconscious which they deny.

megyn: who knows, that seems out there, doc. is it possible she is just a woman in denial -- i think that the lacy peterson case. remember her husband killed her while she was pregnant now he's in jail facing the death penalty. she lived with this monster for years and didn't note person for whom she was married was a sociopath. had no idea the monster she was living with. is that possible here? >> lacy peterson was somebody who would bring potted flowers and plant them in your room. she walked in on scott peterson with other women and still stayed with him. could it be dottie sandusky is lacy patterson? sure. but these boys were in the basement in her home and she did nothing.

megyn: her husband is going down to young boys sleeping in the basement. he was always the one to tuck them in, never her. >> jerry. megyn: is it stupidity? how can you have that when you talk about the rape of young boys. >> it, be unwillful blindness. if you want to believe your parents love you and you are safe, could you turn a blind eye to your father going in your brother's room late at night and hearing sounds disturbing to you saying i'm putting that outside my mind. i can't fathom that and i don't want to. you can carry that with you and turn that blind eye and deaf ear to your husband. but i will reserve the right to say it is possible that inside dottie sandusky is a desire to do some harm. and rather than do it herself she finds an assailant to do so

that she has these impulses that her husband expresses them for her. no different than the serial killer wives who say, there was blood on the towel when he came home? what was i to know that was a problem? megyn: on foxnews.com you talk about how male predators usually choose their mates for a reason, and his selection of her may not have been any accident. keith ablow, thank you, sir. >> it's up on your page, too. megyn: up next. what one mother and any number of other parents are calling a failure of common sense after two children returned from school looking like this. sun burned so bad they had to go to the hospital. one mother says this is the school's fault. 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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megyn: a mother in tacoma, washington is furious after her two daughters returned from school with severe sunburns. she blames what happened on a school policy that bands sunscreen. view require got a frequent my husband 10 minutes later with a picture of one of our daughters. and i was just heartbroken. when i got home the first thing i saw was they are all burned. >> reporter: jessie is seething over sunburns her two daughters got during field day at their school. their skin oh tender she took them to the hospital. >> one of my daughters has bliss% on her nose and the other daughter has them on her shoulders and skin just sloughs off to the touch.

>> reporter: it was raining when they went to school, but the sun came out and it cleared. and they all went out for field day. >> i said that's remarkable your staff are not empowered to make a common sense decision about my child's safety. at the end of a day if you can't put sunscreen on a kid you can remove them from the source of danger. >> reporter: she says she was shocked that teachers can't put sunscreen on kids. kids can only bring it themselves if they have a doctor's note. she says she knows she could have it on them before they left for school but she was unaware of the policy. >> they are not a negligent group people on the whole. this is so egregious and out of character. i feel like they are resting on this idea that there is nothing they can do so they don't even

address it. megyn: unbelievable. the school district says it banned sunscreen because of a washington state law that regulates it as an over-the-counter drug. put the sunscreen on your kids, do it every morning. don't trust the school. now we know there is a policy. i'm calling this -- i'm rejecting self-tanners. summer of embrace the paste. join me. come on. i'm putting the fair in fair and balanced. coming up, some civil rights leaders suggesting the operation fast & furious investigation has nothing with guns and this impending contempt vote is a plot to suppress minority votes. that's next. . ♪ i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade.

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megyn: democrats had to scale back on their convention with just two months to go.

a brand-new hour of "america live." i'm megyn kelly. the folks in charge of the president's big bash in charlotte are rescheduling events and trying a $27 million -- trying to fill a $27 million fundraising hole in just the latest of a serious of problems surrounding the democratic national convention. ed henry is track these developments live from the white house. >> reporter: it does appear that fundraising deficit hampering them from getting this off the ground labor day week, specifically they made a promise early on they would not accept corporate money. that hampered their fundraising efforts. the host committee announce they are cancelling the kickoff event at the charlotte motor speedway it was going to be an effort by democrats to show they could reach out to nascar country, if you well and play well in

conservative areas in north carolina, states the president carried last time unexpectedly. they are moving the kickoff event to the business district of charlotte. this will facilitate caucus meetings to make it transporting convention delegates. dan murray the executive director of the host committee says while we regret trying to move carolinafest away from the speedway, we are with the opportunity that comes with hosting this event in uptown charlotte. the weekly standard reporting today that democratic senator claire mccaskill of missouri, she is an endangered incumbent in missouri, a state that's been trending republican. she is suggesting maybe thee

won't attend the convention in charlotte. when you put all this together, it's going to be interesting to see whether or not north carolina is really in play for the president again. he carried it last time. the first time a democrat carried it since 1976. when you put some of these conventions woes together with the president's support for same-sex marriage which does not appear to be popular in north carolina, this is going to raise real questions about whether north carolina is one of those battleground states the president can carry. megyn: the president today continues in almost nonstop schedule of merchandisers. the commander-in-chief take part in a ferds and campaign event at this moment. then it's off to miami for two more campaign stops. about it end of this month the president will hold 32 fundraisers and and about it end of this year he will likely rack

up 100 such events. and his total more than 170 fundraisers so far and counting. in 48 hours we'll see a vote in the house possibly that could cite the attorney general for contempt of congress. the white house laying out its argument that the president was within his executive powers when he locked down document related to operation fast & furious, a gun running sting that resulted in the death of hundreds of people including possibly the death of an american border patrol agent. this assertion by the white house came in response to a letter that darrell issa, the chairman of the house overnight committee, in issa's letter he alleged this administration is asserting a coverup. writing your privilege assertion means one of two things. either you or your most senior

advisers were involved in managing operation fast & furious including the false february 4, 2011 letter provided about it attorney general to our committee or you are asserting a presidential power you know to be unjustified solely for further obstructing a congressional investigation. the white house fires off this people in response to issa's letter and the white house quotes a number of legal experts including former council for president george w. bush who has argued in support of the kind of executive privilege being asserted by president obama now. he decided to come on this show and he will explain whether they are right or wrong. he was former white house associate counsel during the former administration. the white house is pointing to you among on others as justification of their claim for

executive privilege over the operation fast & furious documents. do they accurately quote you and do you believe they are right here? >> i am a supporter of the concept of executive privilege. i think it's a very important tool for an administration and a very important prerogative for the executive branch to be able to develop policies and communicate with people within the administration and fort an environment of candor and explore all alternatives without the fear of every comments and alternative being brought before congress. that's as far as i go. in so far as i can see, the record in this case if the matter proceeded to a court on the challenge to the assertion of executive privilege based on the current record i think the administration would have a hard time defending it. megyn: you believe in executive privilege. we talked about this on the

program, and they agree with you that the executive privilege protects the president and the top advisers. even the d.o.j. even if they don't reach out to the white house. >> the privilege does -- megyn: that as a statement of law is correct, right? you don't have to talk to the white house? >> that's correct. there is a deliberative process that apply to the executive branch. megyn: but the question seems to be whether it applies here. and there is an allegation that if you are looking into misconduct by the agency that is asserting the privilege here, that would be misconduct by the d.o.j., that the law is pretty well settled that the privilege is at its weakest and may not apply at all. is that also correct? >> that is correct. the deliberative process privilege is a lower threshold it's a qualified privilege.

government wrongdoing is one of the what is to do it. there is an open question here. is the government wrongdoing a colossal blunder of the policy or is the government wrongdoing the fact they submitted a letter in february 2011 that ultimately was false and had to be withdrawn? megyn: it seems to be the latter. they wanted both categories of document then they compromised away the first category in an effort to head off this showdown. it seems like all that's on the table is give us the document relate together february 42011 letter that 8 months later you, d.o.j. had to withdraw. issa's people believe that letter may have been an attempt to cover up the truth. >> that's right. it's an incredibly important period of time because it's very rare for the department of

justice to withdraw an explanation on something as important as this investigation rough an agent that was killed, thousands of guns in the hands of people who are criminals and we don't know where they are at this point. so it is important for the committee to understand how it came to be that the department of justice did a complete 180, went from the light was read to the light was green in the course of 7 months to change their position entirely on its explanation going from there is no wrongdoing to this operation was fundamentally flawed. megyn: what do you think about the white house using you in their last email defending their assertion of executive privilege. >> i haven't seen it. it's possible that there could be documents in this trove of documents that could be protected and i would support those that would be. however, they have give none

showing whatsoever. they have not give up a legal basis for their assertion. they haven't identified the document that are being acertain. and that's the reason why i think if they went to court today they would have a difficult time explaining that the assertion is valid. just to keep our viewers up to speed. if they proceed with a concept of congress vote. it gets referred to a u.s. attorney who brings it before a grand jury. after that house republicans have to go into court and ask the court enforce a subpoena for the documents as a civil matter, no longer as a criminal contempt matter and at that point eric hold letter have to fork over documents to a judge if it happens and say take a look and the judge will decide whether they are privileged or not privileged.

they have to be forked over or they don't. regardless of whether you have insurance or not. health insurance, there is a supreme court ruling that will impact you, your medical care, your budget, your insurance, your ability to get it, a whole host of issues. we are talking tens of millions of americans who will be mainly impacted by this ruling 48 hours away. we have some true experts from the insurance industry, the healthcare industry to go over the best and worst case scenarios as we look forward to this ruling. a little league baseball player sued for half a million dollars because a woman got hit by a ball that he threw. we'll take a look at case in "kelly's court." democrats apparently trying to reframe this thursday's upcoming contempt vote as an assault on minority rights and an attempt at voter suppression. key members of the civil rights

coalition chiming in as the issue of race enters the mix. >> it moms accident and 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. >> do you understand what a nut job this is? how contemptible nancy pelosi is? this doirn, this loser. people like options.

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megyn: 48 hours from now we'll know the supreme court's decision whether the healthcare law is constitutional in whole or in part. what if i don't have insurance and i want to enroll.

will i get dropped? here are some of the best and worst case scenarios you might see thursday. melissa francis and and the autr of "democracy denied." you have taking a close look at what is likely to happen thursday. many court watchers who looked at the arguments and listened to them believe the court is likely to strike down the individual mandate that makes us buy understand if we don't have it or makes us pay a penalty but are doubtful the court will throw out the entire law. this is speculation. we also thought they would uphold the immigration law. but if they strike count mandate but keep the rest of the law, what happens? >> i think you are right that they will strike down the mandate. almost all court watchers thought it was a blowout.

so that seems likely though as you point out and it's hard to say they can go however they want to go. n if they decide only to throw out the mandate and not rest of the law. unless congress finishes the job and repeals the rest of the bill it will be a real disaster for the private insurance market. eight states adopted -- they drove the largest insurers out of business. megyn: eight states adopted laws similar to obama-care without an individual mandate. so it's what we would be left with. they did that. and you talk about these other provisions. the law requires coverage of preexisting conditions and requires the companies to charge everybody the same premiums. if those two provisions stay in place but the mandate is taken away then the feds will be in the same position as those eight

states. what happened in those eight states? >> all but the largest insurance companies went out of business because they didn't have deep enough risk pools to deal with people not buying insurance until after they got sick. it's important to bear in mind that the supreme court decisions not going to come in a vacuum. if they strike down the mandate it will be on congress to complete the job and get rid of the rest of the bill before it causes the death spiral and premiums spike. megyn: the obama administration went into court and said probably for the reasons phil just outlined. justices. if you strike mandate you have got to get rid of the provision of the bill that requires insurance companies to cover preexisting conditions and you have got to get rid of the one that will keep everybody's rates the same. the preexisting condition

coverage is part of the heart of this law. what will be left if we get rid of the mandate and the requirement they cover preexisting conditions and the requirement people's premiums stay the same? >> we go back to what we had before. the differences are around the edges. if you are 26 you can stay on your parents' insurance or well visits are free. those things, companies like aetna said these have good ideas we are going to leave them there anyway. the idea of going to the comer to when you are well, they catch things early. giving people a discount for being a good driver. about it seems like at that point if that's the way the law comes out. very little changes from how we had it before except for these few little things that are pretty good and make economic sense. megyn: they say the government has spent billions of dollars

rolling out obama-care. what happens to all of that money and those programs that's already been spent if the supreme court dials back the law in whole more part. >> that's a fantastic question. we are digging into that tonight at 6:00 p.m. there are billions of dollars that health and human services is sending out the door as quickly as they can so it's already spent. it's going to clinics. who is to say whether it's worthwhile spending. by they want to make sure as much of it has been spent as possible before this law is possibly overturned. megyn: the congressional budget office calculated without the mandate -- if they strike down just the mandate insurance premiums on the individual market would be 15% to 20% higher. so if they strike down the

mandate are our premiums going up? >> premiums are going up unless they strike down this whole thing and we have the real health reform that deals with the cost drivers. this just serves the special interests and drives the costs further up. the cbo said this bill would drive the costs upwards not downwards. if they strike count mandate you will have a death spiral in private markets with higher costs and higher people yudges. outside of what -- higher premiums. this bill had a huge shift of $half a trillion out of medicare. people who have medicare their whole life are not going to have access in medicare. there will be rationing. even if they strike down most everything on the private insurance side, there will be a need for congress to come in and

repeal the rest. megyn: what is a bigger mess for the obama administration, if they strike down just the mandate or the whole thing? >> i think if they strike down just the mandate. people are bracing for that as a real economic disaster. we are talking about billions of dollars in new costs, but no one new to pay for it. that's a thing businesses -- we have seen in study after study, 0% of businesses would say they would try to find a way to stop covering their employees. i don't think they want to be responsible for the catastrophy it would cause in the system. megyn: some information about who may have been behind national security leaks. [ barking ] i'm your dog, holding down the fort while you're out catching a movie. [ growls ] lucky for me, your friends showed up with this awesome bone.

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megyn: more than 30 republican senators demanding an independents probe and going after a member of the president's team. >> the deputy national security adviser john brennan is quote as saying we have the device talking about the bomber. we have the device under control. this is all classified information. and yet we have folks in the white house going on tv and talking about it. megyn: catherine herridge as the details. >> reporter: 30 senators calling for an independent counsel.

>> when any attorney general of the united states is held in contempt whether it be republicans or democrats it's a tremendous blow to that individual's credibility. >> reporter: the her singles out tom donilon as a likely source of the leaks to the "new york times." >> we as members of the intelligence community can't even confirm if these programs exist yet you have the national security adviser talking about a covert action program. >> reporter: the senators questioned whether this u.s. attorney can be unbiased being that he donated to president obama's campaign. >> where is the outrage in this

administration? where is there any indication that within the obama administration officials are outraged at the criminal leaks of classified information that put our agents and our friends at risk? >> reporter: more than 30 senators have signed onto the letter. none of them are democrats. dianne feinstein told fox she was good with the u.s. attorney option unless they do not reach a conclusion. megyn: an 11-year-old boy practicing before his little league game accidentally hit a woman in the face with a ball. now she is suing him for half a million dollars. "kelly's court" takes on the case. one top civil rights leader suggests the contempt vote against attorney general eric holder is equivalent to a stop and frisk without probable

cause. he suggests this is all an attempt by the gop to suppress voter rights. our panel debates in three minutes. >> the issue of race is a subtle factor in this effort. the intensity and swiftness of the pursuit of a contempt citation is certainly unworthy of the seriousness of the consequences of that act. [ mechanical humming ] [ male announcer ] we began with the rx. ♪ then we turned the page, creating the rx hybrid. ♪ now we've turned the page again with the all-new rx f sport. ♪ . for lexus. this is the pursuit of perfection.

megyn: a group of prominent civil rights leaders threw their support behind attorney general eric holder. taking to the mikes to argue republicans' motives is more about race and minority rights than the death of brian terry. saying the attorney general is -- >> this attempt about it house of representatives is nothing more than a clumsy naked politically motivated witch hunt. >> this is motivated by base politics, base anti-civil rights politics. the men persecuting general holder in this way are the same

ones who are trying to. >> we believe this is not only an extraordinary abuse of congressional power but also misguide and politically motivated. >> we believe the house of representatives is on and witch hunt to smear a.g. holder's reputation to gain political points in the 2012 election cycle. >> we understand this is naked politics. >> the issue of race is a subtle factor in this effort. the intensity and swiftness of the pursuit of a contempt citation is certainly unworthy of the seriousness of the consequences of that act. megyn: joining me now david webb, and tea party 365 cofounder. and alan colmes, host of the

alan colmes show. the message is changing on operation fast & furious. >> this is the preemptive narrative change ahead of thursday's contempt vote potentially. it doesn't seem like holder is going to comply with the subpoena. they need a distraction. i said it before and i'll say it again. i'm sick of the black race hustler mafia drumming up something. on the day holder was on the hill testifying that nobody in doj knew about operation fast & furious, lanny breuer was in mexico as his chief deputy advocating for operation fast & furious. the two can't be true. but here when we have a contempt of congress potential by the attorney general, we have a local issue, not just one dead border agent. 300 dead mexican citizens. the operation was started and

run under the obama administration, different than the bush administration and they are trying to change the narrative. 7,600 document out of tens of thousands. this is not a numbers game. megyn: alan nancy pelosi suggested this was an effort by republicans to distract holder from his voter suppression efforts. >> i'm not tying the two together. megyn: element two injected by al sharpton. this is what al sharpton wrote. attorney general holder was reminded that despite his esteemed position he can and would be profiled. a.g. holder was in he sense stopped and frisked without probable cause. what issa just showed us no matter what our stature someone can try to put us in our place. what could be more outrageous. >> i think it's a political witch hunt. but i'm not playing the race card. i'm not prepared to say democrats are doing this because of race.

i think voter i. dissments an issue. yesterday the majority leader of the pennsylvania house said that we are going to win because -- romney will win pennsylvania because of voter i.d. megyn: but you don't believe they are going after holder, these republicans in the house. are these other civil rights leaders playing the race card? >> absolutely. let's look at them for their operational method. sharpton led a march against the nypd on father's day it's not the soft bigotry it, the hard big on theory, don't you believe anything but what we tell you. al sharp town is a race hustler. he's an old demagogue. i call him what he is historically. the guy is playing this game wenter it's the jews, it tops push his narrative. and pelosi is in bed with this.

megyn: alan, do you think the republicans will be doing this against attorney general eric holder if he were white? too yes. >> so why play it as a black race card. >> you are playing the race card. they went after janet reno, they are going after holder. megyn: the democrats went after karl rove. >> people toned go after the attorney general of the opposite party. megyn: they went after gonzalez. >> let's be straightforward. 18 months, well crafted subpoena. document redacted in full accept to show they came from d.o.j., and the president invokes executive privilege. eric holder said the president didn't know about it. even if the president didn't know about it or invokes executive privilege ... megyn: you can have executive

privilege even if the white house had nothing to do with it. >> executive privilege covers even after operation fast & furious ended. eric holder was the person who stopped operation fast & furious. megyn: what do you think, alan? he doesn't go as far on camera today, but in that op-ed he did. he said a.g. hold hears been mishandle just like the young black and latino men and women demonized on our streets every day. why is he doing that? >> i don't speak for him. megyn: what is your thought? >> my thought is they are two separate issues. stop and frisk and voter i.d. are racially based. megyn: do you think he genuinely thinks this is about race? sharpton * went on later to say i'm not saying this is because

holder is black, i'm not calling republicans racist but there is a racial effect. >> let me ask a simple question. when did you stop beating your wife? that assumes you beating your wife and you had to stop. you throw out a negative. that's what sharpton does very well. that what's jackson does. >> you are suggesting he's trying to make issa feel he's a racist? >> if i look at sharpton or one of the men and said when did you stop beating your wife ... so you throw out that narrative, then you peel it back. you already injected it into the conversation. then it's supported by pelosi and voter suppression which is supposedly against blacks. >> i don't think they are going after holder because he's black. policies favored by republicans. these are definitely race-based

policies. megyn: i'll let you respond. is the effort to go after holder distracting him from voter suppression issues or voter rights issues any more than it's distracting him in gun issues? or genuine law and order issues? >> the net result would february had a problem with congress he wouldn't be able to go after this. the net result would be he wouldn't have the time and energy to focus. megyn: you told me you don't believe they are going after him for either of those reasons. as somebody who knows a lot about politics. why are they doing that? >> i'm a liberal. i don't speak for the democrats. i can't speak for al sharpton. megyn: i'm not asking you to speak for al sharpton, i'm asking you to analyze politics

which is r is what you do for the channel. >> there are other things republicans are doing that are race based that they should be ashamed of themselves. >> you want to show voter i.d. so no one is disenfranchised. eric holder and the department of justice, they can multitask. they can handling the selective prosecution of the new black panther party, that voter intimidation. we see an attorney general who has contempt for due process. selective prosecutions of sanctuary cities. megyn: he may or may not. i'm focused on this messaging. what's behind it. >> preemptive narrative, thursday when you have the vote potentially. we have the decision on obama-care. so they need a change. you want to see the race narrative ramped up?

wait until thursday when the decisions come down. both of them. megyn: even though i yell at you, you know i love. >> i'll yell at him. megyn: don't send me any emails about alan. imagine your neighborhood is being overrun by giant rodents and there is nothing you can do about it because the federal government is standing in your way. that's not good. you will have to hear this story to believe tonight three minutes. a little league catcher is being sued for half a million dollars after he accidentally hit a woman in the face with a ball. that's in "kelly's court" next. p. >> my son is not the responsible party. he was under the coach's supervision. he was on the field. if you are asking every 11-year-old ball player to be perfect, it's absurd. ♪

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megyn: "kelly's court" is back

in session. catcher was warming up the pitcher in the bullpen. matthew was the catcher. this happened before a game in manchester, new jersey. one wrong throw got away. the catcher didn't get. it ended up hitting another player's mother in the face. >> it wasn't a hard throw. it was a lob back to the pitcher. i went over to see if she was okay and she said she was fine and not to worry about it. three weeks after she came and gave me a hug and told me it wasn't my fault, i think it's pretty mean to sue someone after you told them you knew it wasn't their fault. megyn: now going after the now 13-year-old. he was 11 when it happened, or half a million dollars. joey jackson and david wahl. joey, make the lady's case.

>> is it only half a million? it deserves to be more. megyn: it's her husband, too, suing for loss of consortium. here is the point. you have 2 million people in this united states who are little leaguers. what does that mean? by implication we have 200 million precious mothers to protect. how are we going to do that. maps the lawsuit is misplaced but little league should step up. the children's lawyer should get little league into this lawsuit and have them step up the fact is a lot of people say you are at the game and you assume the risk. there is a distinct between assume thing a risk and being exposed to an unreasonable risk. there should be a fence or gate or some protection to protect her and like mothers from severe and significant injuries. megyn: she has these things we

call eyes that she could have seen, don't sit at that picnic table. even if there is don't we all know you are near a ball field, you could get hit. >> it's well established and joe it's well established legal doctrine whether you go to a pro game or little league game that you assume the risk of getting bopped by a ball or puck. megyn: look where she sat. >> that little picnic table. there are 11-year-olds throwing pitches to the catch per. my son threw a hard chest past. he hit an elderly woman in the chest. she tossed the ball to the ref. megyn: she's alearning this was -- the kid's throw was recklessly intentional. i don't know what that means.

and he was engage in inappropriate sporting activity near her. >> i think to some -- there may be some misstatement or overstatement in her case. it wouldn't be the first time. but as a general measure when you show the picture of the proximity of that gate and fence to that table there has to be some protection. put up a net. put something else up. we assume the risk when we are at a sporting event and we want to be careful but we can't be careful because there are other precious moms sitting next to you. so put up a net, put up something to protect her and everyone else who's there. megyn: in the woman's defense she suffered multiple facial fractures. it did turn out she was very hurt and had to have surgery. reconstructive surgery. still suffers from headaches. she tried to settle with the insurance company, they couldn't reach a deal. she probably wants the insurance company to just pay out, not the

kid. >> there is case after case after case that talks about people getting hit by hockey pucks and baseballs, basketballs. and the courts in every jurisdiction say the same thing. that you do assume the risk. my guess here is you are exactly right and the homeowner's insurance that covers this young man and his family will end up paying something out. they don't want to go to court because it will cost a bundle of money. if you are silly and you sit in a risky area of a baseball game and get hurt -- megyn: she sued the stadium she would be a better position. thank you both so much. coming up, these critters are tearing one town apart. and pepperoni breath? fight both fast with new tums freshers! concentrated relief that goes to work in seconds and freshens breath. new tums freshers. ♪ tum...tum...tum...tum... tums! ♪ [ male announcer ] fast relief, fresh breath,

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megyn:megyn: some utah residente battling the federal government to rid their town of prairie dogs. they are chewing their way through everything. backyards, cemetery plots, apparently even the airport runway. >> reporter: as a protected species these rodents have lawyers on their side. so even as they burrow under and trample over any plant to develop this plan residents face a year in jail if they harm, harass or hunt one. the utah prairie dog ... >> it's applying. >> reporter: but it's protected by the endangered species act. here in iron county, utah they have had enough. >> we are held hostage by the prairie dog and the federal government. they say the critter is take

over. >> we had a truckstop that wanted to come in but there were too many prairie dogs. report to a local church where the pastor says it's too dangerous for the kids to play. prairie dog experts say the rodents serve a purpose. >> you have a keystone in an arch. if you remove that keystone the arch would fall apart. if you removed the prairie dog from the prairie ecosystem, the ecosystem could fall apart. >> first they were pests, then they started undermining the stones. >> reporter: the town spent thousands building two fences. >> i want to get them out of here. why waste the money. >> reporter: in the neighboring town the faa declared the airport unsafe because of holes in the runway. >> reporter: most people are getting sick and tired of

putting up with them because they have more rights and better paid lawyers than what we do. >> reporter: it turns out this foot long 3-pound rodent wbs, there is a federal bill that would allow the cemetery to trap the pro don't but the rest of the town, it's about sharing the landscape. megyn: coming up tropical storm debby causing big problems in florida. where is she heading next? when you have diabetes...

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>>megyn: what do you think the prairie dogs in they look so cute. and why are they called dogs in they look like squirrels. does shepard know? have a good show. >>shepard: i don't know anything unless it is on the teleprompter. the news begins anew, and today,

congressman issa digging in against the white house and the united states attorney claiming that the white house knew more than it is letting on about the fast and furious scandal. and the word from the white house "absurd." >> parts of florida are underwater, the drenching could top 2' in some areas and the president is promising to help florida recover. all doctors looking into possible links between stress and dementia. >> that is all ahead unless breaking news changes everything. this is "studio b." but first from fox at 5:00 in new york city dozens are republican senators going after the white house over what they call an avalanche of classified information leaks that they claim were designed to make the president look good politically. the president denies it all promises to go after the people responsible but the republican senators want an independent investigator claiming the administration's investigation has o