documents linked to the gun-walking sting. now, the house rules committee starts off the process. it's considering the criminal contempt resolution against eric holder that the house oversight committee voted for last week. congressman darrell issa chairs that committee, and he says lawmakers just want accountability. >> it's simply about the period of the cover-up, the ten months in which we were given false testimony. but it also is part of getting to the truth. if we can figure out the people who lied to get that false letter to us and then lied to keep it covered up, we may very well find those are the same people who were, ultimately, responsible for fast and furious that need to be held accountable. jenna: not everyone agrees with congressman issa. some house democrats are getting ready to speak out about this upcoming contempt vote as they gear up for a news conference less than two hours from now. chief congressional correspondent mike emanuel's live on capitol hill. mike, is it a foregone conclusion that this contempt

vote, one, will happen and, two, that the attorney general will be held in contempt? >> reporter: jenna, it sounds like after those talks broke down late yesterday between the justice department, the white house counsel and representatives of speaker boehner and chairman issa that now it is going to go forward. this time tomorrow morning or maybe a little bit earlier when we're hearing what the supreme court decides on the health care law on the house floor we expect they will be arguing it over this contempt resolution. we got this update from house speaker john boehner just a short time ago. >> brian terry's family has a right to know what happened. the american people have a right to know what happened. and we're going to proceed. we've given them ample opportunity to comply even as late as yesterday. >> so at this point speaker boehner's attitude is enough is enough. they've been waiting for answers, they've been investigating fast and furious for about 18 months now, and

they say it is time for the attorney general to comply. barring that, they will go forward with contempt in the house of representatives tomorrow, jenna. jenna: all right, what have we heard from democrats in recent hours? is this going to be strictly a partisan vote? >> reporter: it was a partisan vote in the house oversight committee. chairman issa said they've identified up to 31 house democrats who could be supportive of this contempt effort. he recognizes there will be pressure on those democrats to follow their leadership and oppose this effort, but we do know democrat jim matheson from utah has said that he will support contempt. he is the only democratic member representing utah, and so he is in favor of contempt. we can expect his vote tomorrow. bottom line, we will be counting heads between now and tomorrow to see where other democrats may fall. a short time ago we got an update from some key democratic leaders. their take on contempt.

>> that's where we are, though, and that's what this house of representatives under republican leadership is spending its time on. it's spinning its wheels talking about contempt citations on issues it's not willing to fully investigate at the same time that americans are crying out for help in trying to hold on to their homes and keep their jobs. >> reporter: and becerra went on to say that this contempt citation has nothing to do with creating jobs and only promotes dysfunction here in congress. obviously, frustrated that this contempt effort is going forward. jenna in. jenna: we're going to be talking to the congressman in just a few moments about a host of things, not only the contempt vote, what do you call that little ruling on health care tomorrow? i think that's also happening tomorrow. mike, thank you very much. busy day down on capitol hill. appreciate it as always. thank you. >> reporter: thanks, jenna. gregg: fox news is america's election headquarters, and right now brand new presidential poll numbers are out revealing who's

currently getting support from key voting blocs. both president obama and governor romney can claim bragging rights among particular groups, but first let's take a look at the late itself head-to-head matchup. according to the nbc/"wall street journal" poll, the race is a statistical dead heat, it's within the margin of error. drilling down deep, the same survey shows governor romney leading president obama among tea party supporters, whites and men. president obama has the advantage with african-americans, women and independent voters. fox news contributor karl rove is a former senior adviser and deputy chief of staff to president george w. bush. he joins us live. carl, good to see you. look, it's obviously a very tight race, but i want to put up a map of the united states, and we've highlighted 12 key swing states. there they are. and the president leads governor romney 50-42% in those key swing states what do you make of that?

>> well, you touched on it, that looks like a good lead. let's put it, however, in context. in 2008 in those same 12 states, president obama beat senator mccain by a 55-45 margin, a 10-point lead. today he is at 50-42, so there's been a diminution of his strength in these states. it probably shows the advantage of the $68 million that president obama and his allies will have put on tv between the 7th of may and the 2nd of july. and you also mentioned independents. these are the people who are, obviously, going to settle the election. in 2008 president obama had an eight-point margin among this group. today he has in "the wall street journal"/nbc poll a four-point margin. so we're a long way from november, but there's good news for both candidates in the poll and bad news. president obama's holding pretty close, though not exactly where he was among swing state voters,

mitt romney appears to have chipped away a little bit at his lead. but you drill down deeper, and there's good news and bad news for both candidates in the poll. gregg: the president's favorability rating is not underwater. in fact, his favorability is 48% unfavorable, 38%. now, compare that to mitt romney's favorability rating, 33%. he's underwater because his unfavorable is 39%, and his favorability in the swing states has actually dropped. what's going on? have all of the negative tv ads run by the president's campaign had an effect on governor romney? >> i think they might have. but, look, president obama's got real problems. they like him, but they don't like his policies on the big issues that are going to determine their vote. his approval rating on the economy is 53%. americans think we're going on the wrong track by 61%, and by a 2 to 1 margin americans think that president obama's economic

policies have actively hurt the economy or not helped its recovery. so he's got a problem with how people feel about his policies. on the other hand, mitt romney's got a problem in that not enough people know him. only 20% in this poll say they know a great deal, a lot about mitt romney compared to 43% who know, who say they know a great deal about barack obama. now, this means that mitt romney can both explain who he is and drive his numbers up, but it also means president obama's campaign can tag mitt romney's record as a business person and do some damage to him. and we see a little bit of evidence in this poll that 18% of the people in this poll say that what they've learned about governor romney's business record makes them feel more positive about him, 33% say it makes them feel more negative. gregg: all right. karl rove, former senior adviser to president bush, thanks very much. >> you bet. thank you, gregg. jenna: we move on to this fox extreme weather alert. tropical depression debby lees

massive -- leaves massive flooding in it wake. the slow-moving storm dumping more than two feet of rain in some places over the last few days opening up dangerous sink holes and flooding thousands of homes as well leaving some towns almost entirely underwater. >> it is bad. you're looking at it, man. i can't believe this. and i'm scared. >> water coming down and, um, it's looking pretty bad right now. >> maybe the good lord going to stop this and let the rain stop, and it'll go down. jenna: well, one of the areas particularly hard hit is live oak, florida, and that's where we find our very own steve harrigan right in the middle of things,literally. there's no alligators or crocodiles in that water is there, steve? >> reporter: jenna, no alligators, but a lot of minnows. this used to be elm street, now this part of florida has been hit by more than 20inchs of

rain. a lot of people along the banks of this road are actually looking out at their houses wondering if they can get back to them. there's been no fatalities but there have been several rescues. more than 50 people rescued, more than 100 houses here evacuated. the real challenge for rescuers and prison has actually been -- police has actually been getting to these houses. even now four days into the storm we are still getting rescues here, and people are asking what's going to become of all this water? local officials say they're trying to get some pumps in. they haven't succeeded at that, and even if they do get the pumps here because of the amount of water here, there's no place to pump it yet. so people here just watching their houses, businesses rot away and really waiting for evaporation to take place, jenna. jenna: wow. hopefully they get those pumps in soon. steve harrigan live in florida. steve, thank you very much. what a picture.

gregg: it's incredible, isn't it? steve, he's always out there in the middle of it all. and our brain room came up with some perspective on all that water from debby. some towns have received more than 26 ininchs of rain from the storm. that is more than 450 million gallons of water per mile which is enough to fill up 11 million bathtubs, depending on the size of your bathtub. jenna: and you have to boat between houses. gregg: it's o technology way to get around now. jenna: well, the democratic national convention is raising some questions. why are nine prominent democrats skipping the convention, and what does it say about the president eat chances in november? president's chances in november? gregg: and it is set to become the biggest city in the country to go bankrupt. the city council clearing the way for an official filing soon. we're going to tell you where it's happening. jenna: plus, it's a familiar story for many of us. you lose a bunch of weight, then you put it right back on.

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gregg: a fox news alert, another democrat has just announced that he will vote to hold eric holder, the attorney general, in contempt of congress. he is representative john barrow, democrat of georgia known as a conservative democrat. he joins jim matheson, also a democrat of utah. they both say they will vote to hold the attorney general in this contempt. in contempt. jenna: and we expect that vote tomorrow. right now we're also awaiting something else that's very big tomorrow, a landmark ruling that will effect every single one of us. tomorrow at this time we will know the supreme court's decision on the president's health care law.

that controversial legislation is a major political issue this election year. here's governor mitt romney on it yesterday. >> if it is deemed to stand, then i'll tell you one thing, we're going to have to have a president, and i'm that one, that's going to get rid of obamacare, and we're going to stop it on day one. jenna: congressman javier beer is ya, nice to have you back with us, congressman. >> thanks, jenna. jenna: let me put this in a little different way. if the supreme court strikes down any part of the health care law, then what will have truly been accomplished for the american people? >> well, first, it's a little chilling to hear governor romney say that he would try to repeal something that the supreme court has just said should stand, and so to the six-and-a-half million young americans who are under the age of 26 who today have insurance through their parents because of the landmark law or to the 17 million plus families

who have children who were born with a pre-existing condition who have insurance for their kids even though before the landmark law they would not have had a chance to includes their children on their insurance or the 105 million americans who have benefited through the law because they are now no longer affected by what used to be called the cap limitation where you would have insurance, you could use it. if you got really ill, all of a sudden you reached a certain level of spending, the insurance company would say, sorry, you've reached your cap, you have to pay everything out of pocket, that's gone for about 105 million americans. so what mitt romney is saying that all those protections and benefits that people have received they will lose even though the supreme court said it's okay. one way or the other, i think, on the democratic side we're prepared to build on the landmark health reform to make sure more and more we have affordable, quality care for all americans. jenna: what do you expect to accomplish between now and the decision from the supreme court and election time?

>> well, remember every year, every month more and more aspects of the landmark law take effect. and so building to 2014 when the major provision takes effect which will help americans who can't afford to pay for their own health insurance because it became too costly, all those are taking place. seniors, for example, all of a sudden they have to pay everything out of pocket, that's been shrinking so more than $3.5 billion in benefits have gone to seniors so they haven't had to pay that amount of money for their prescription drugs. we're going to continue to build on those things so that health care really is affordable and it's no longer the driving force between personal bankruptcies here in america. jenna: so you'll continue doing that even if the entire law is struck down, that'll still be a priority? some of the democrats have been criticized by their republican colleagues for concentrating too much on health care when the top issue of the country, they say, is jobs. >> well, i don't think democrats are the ones that are fixated on the health care.

it's -- you just heard mitt romney say even if the supreme court upholds the health care law, he would repeal it. and is so it seems to me that republicans are the ones that are fixated on repealing things. if we're focused on health care, it's continuing to build on it because, quite honestly, so many americans lose their job because they can't afford to hold on to their health insurance. and so we think that the most important thing we can do is build on the job creation that's occurred, get people back to work. chances are if you're working, you'll have access to health insurance. but there's still things we have to do to continue to make health care r health care more affordable, build on the landmark law to make sure health care is no longer a consideration -- jenna: all right, congressman, let me ask you just really quickly, we just got the news that another democrat will vote to hold eric holder in contempt of congress. what do you think? what's your reaction of your fellow colleagues, also democrats, that are choosing to do this? >> well, i think you'll find a small number of democrats and republicans who will take an

action on this con cement -- contempt citation. i would hope that people would recognize that this citation has become political theater, quite honestly. this is the first time we've seen the house move this aggressively this way with so little evidence to really validate the actions. but one way or the other, people have to do what they believe is the right thing to do. i firmly believe that this has gone from being oversight by the committee here in the congress and the house over the actions of the fast and furious case that began with president bush to now overreaching by the republican chairman of the committee who has not been able to show why he hasn't called the people who actually started the program, the fast and furious program, to testify. just because they are republican, bush administration officials doesn't mean they shouldn't testify. jenna: congressman becerra, thank you for the time. >> thanks, jenna. thank you. gregg: hot, dry conditions out west causing one wildfire to explode into a massive firestorm

overnight, threatening one of our top military academies and forcing tens of thousands to run for their lives. we're going to have a live report from the fire lines next. jenna: plus new concerns about alzheimer's. why stress could play a major factor in the onset of this disease. we're going to dig a little deeper into that later this hour.

jenna: brand new video just in to our newsroom right now. what you're seeing is someone that's having quite a tough start to the day. on the right of your screen is a ups truck that went into the water. we don't know how or why. we don't know if weather was a factor, we've been talking about debby, but we don't know. there it is. the driver was able to get out but, again, questions unanswered as you have this ups truck in a

canal in florida, and quite a ways in there. not just sort of in there. gregg: how did he get that far in? so much for you deliveries today. jenna: as we get more information, we will bring that to you. gregg: a fox because alert concern news alert, now, and a towering wildfire burning out of control racing toward colorado springs. hot, dry conditions causing the waldo fire to literally double in size overnight, torching some 24 square miles so far. police there describing it as, quote, a firestorm of epic proportions. the fast-moving flames partially closing the grounds of the u.s. air force academy, forcing more than 30,000 people to flee their homes. >> i'm really scared. i've lived there all my life, and it's just so scary to see something -- >> i'm pet trifid. yesterday i was more confident the way the winds were blowing, but it's right there. gregg: another lightning-sparked wildfire near boulder forcing

nearly 2500 people to pack up and get out fast. and a massive wildfire in utah taking a deadly turn as search and rescue teams discover a victim in the charred rural town of fairview. the so-called wood hollow fire destroying at least 56 homes and sparking new evacuation orders. we're going to have a live report from the fire lines coming up. jenna: well, from colorado out to california and a different type of disaster. stockton is set to make history, becoming the largest american city to declare bankruptcy. what it means for folks there and the rest of the country. we're live with that story in just a moment. she's also a high-profile democrat. senator claire mccaskill now joining a growing list of ore prominent members of her party to skip the big convention. a top democratic leader says she and the others are doing the right thing. we're going to have a fair and balanced debate next. [ male announcer ] trophies and awards lift you up.

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gregg: missouri senator claire mccaskill facing a tough reelection race this year. now, she is joining a growing list of democrats who will skip the convention. claire mccaskill to the same thing back in 2004. this time, there are eight other high-profile no-shows, and they are all up for reelection this year. some in big battleground states.

there are their faces. joining us now is mary katharine ham. and juan williams, fox news political analyst and cohost of the five. what is your sense of this? >> i have never heard of anything like it and in all the years that i have been covering washington. the head of the democratic national committee would say, stay home, don't go to the convention. the democratic brand is not going to help you. but i think what it says is that two things are going on. you have a lot in the senate and congress people who were elected in 2006, 2008 who came and went democrats have a lot of energy, and now they are in red states or the democratic brand is not going to be particularly helpful come and that is why they see their political fortune as effort from the party and, specifically, separate from president obama. gregg: mary catherine, and a refreshing moment of candor, senator mccaskill said this.

let's put it up on the screen. i have a really hard election and it was after labor day, would you go to north carolina to a bunch of parties? or would you stay home and try to convince missourians that they should rehire you only in washington with republican operatives? yet, the entire press corps ginned up over the notion i'm going to be home campaigning instead of going to a bunch of worthless parties. in a convention that is only being held to do something we all know it's going to happen anyway. is that a commentary about increasingly irrelevant political conventions or a harsh comment that to some as a political liability? >> i think senator mccaskill deserves more credit than a lot of senators for being frank. that is and her style, and i enjoyed it. gregg: it is rare. >> she is a symbol of the problems that brought obama's going to have with state and voters read more moderate voters that he did not have in 2008.

something like missouri, which was a .1 loss for him, a very slim swing state. it is it's going to be very tough for him. almost out of the question that mccaskill is having this much trouble. as juan williams said, almost every state has some folks it will stay home, but it is rare that they are this high profile and it is so obviously tied to the fact that they are vulnerable in their home state. i would also say that i think the problem is in the 2424 hour news cycle with so many media outlets, every single burnable democrat will get asked over and over are you going. gregg: i want to come back to something that you said, juan, the gentleman in charge of getting democrats elected this fall issued this warning to people. we will put it up on the screen. if they want to win an election, they need to be in their districts. a trip to charlotte may be interesting, but why leave your

districts? i don't care if the president was at 122% favorability right now. he said that i think candidates should be in their districts. that is amazing. >> i think it is amazing, too. i have never heard anything like that from the head of the congressional campaign committee. just to pick up on what mary catherine is saying, there are a lot of anti-incumbent policies out there. a lot of people sick of politics in washington. that is definitely the mood. if you look at the ratings for democrats and republicans, they are both pretty low. in general, people are saying that i am not your typical washington politician and i am not going to your typical convention, where it is pretty much a tv show. they know who the nominees are going to be. the only drama at the republican convention will be the vp pick. in a state like montana, jon tester, he's a democrat senate incumbent says he is not going to go to the democratic convention. his republican challenger, a guy named danny raber said he is not going to the republican

convention. gregg: that is right. in fairness, mary catherine, it is true that mccaskill held a key speaking role at the 2008 convention. that same year, a bunch of republicans at their convention, including oozing collins of maine. look, it happens. >> it does happen, but she was specifically important circuit and an early endorsement of obama. that is why this has become a big story. the bottom line is he had to run his coattails in 2008. they may not be enough to carry him this year, and that is the message being sent. gregg: the last convention i went to was one big party. party central. you are missing out on a lot of good parties. >> because you are a party animal, gregg. gregg: i know and you know. juan williams busted me. mary catherine, great to see you both. take care. >> the secret is out. jenna: right now the city of

stockton, california, is set to become the largest u.s. city to declare bankruptcy. the city council voted last night to push this through and the official filing could come at any time. stockton is about 80 miles from san francisco where we find claudia cowan with more. reporter: city leaders spent three years making deep cuts trying to mediate a deal with creditors to avoid reaching this point. but with no way to restructure hundreds of millions of dollars of debt, the city where file for bankruptcy either today or tomorrow. the central california city is roughly 300,000 people, facing a 26 million-dollar budget shortfall and a staggering debt load of about $700 million. city leaders blame the busted housing market. stockton has the second highest foreclosure rate in the country. and soaring pension costs. more than 90 retirees or make $100,000 per year or it a lot more than the average in california. crime increased and the city

invested billions in a downtown redevelopment plan that never materialized. reports are that some of the new buildings are infested with rats. last night, the city council approved a spending plan that paves way for bankruptcy, and they got an earful from angry residents. >> where has that money gone? what has it been used for over the years? >> you have made promises that we would be taking care of when we retired. we gave up raises. we gave up everything. and now you're telling me, no. jenna: those retirees will certainly feel the pinch. the new spending plan illuminates the city funded health care. while the mayor insists it will be business as usual, many expect more cuts. higher parking tickets and new deals with those unions. it is only through bankruptcy that they can renegotiate some of these labor agreements, you can bet every city is struggling with high pension costs, they will be watching stockton

closely to see whether bankruptcy is a tool to get out from under my also be an option for them. jenna: we will see that helps come hopefully they get back on their feet. that is for sure. claudia, thank you. gregg: a fox news alert. just received word of a third democrat in congress who says he is going to vote to hold in contempt the attorney general. nick rahal. he joins john barrow and jim matheson. three democrats saying they're going to vote to hold the attorney general in contempt of congress. his failure to respond appropriately, something in congress, to the subpoena for documents on "fast and furious." in less than 24 hours from the u.s. supreme court expected to rule on the fate of the health care law. a that could impact millions of americans. justice anthony kennedy often casts a make or break vote on the high court. could some recent rulings

provide clues for his opinion in this landmark case? we are going to talk to somebody who clerked for justice kennedy next. ambushed. a woman comes face-to-face with his purse snatch her. we will show you how it all played out. structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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>> i think it is very likely that it will. he really is at the center of the court and when a decision is five to four, he was always almost in the majority. jenna: why? >> i guess he doesn't have as rigid of a jurisprudential theory that some of the others. he really has a case-by-case approach, and it makes him a bit harder to predict and a great content places him squarely in the center of the court. jenna: he worked from him and the way he asked questions about this case, do you have any idea on how he will rule? >> well, i think it is very hard to try to predict based on what happened with the oral arguments. it is true that he seemed to be asking some very skeptical questions of the government. he did seem very concerned that the health care law is unprecedented in the individual mandate, and that did seem to trouble justice kennedy at all arguments.

again, i can't draw too much from that, but he did seek seem concerned. jenna: "time" magazine said that he had a nickname called flickr because he would flip on decisions and sometimes everyone would go in thinking he would decide one way, and then when he actually gives his decision, it is something entirely different. "time" magazine said this. i'm curious what you think is a law professor. the role that kennedy plays raises a larger question. is there something wrong in a democracy when one person holds the so much sway over so many people? what do you think about that, nick? >> well, i don't think there's anything wrong with that. the court is comprised of nine people and at any given point, one of the nine people will be in the center. it just so happens at this moment in history that that person is justice kennedy. the person in the center of the court is going to wield a lot of power or the power is in service of figuring out what the u.s. constitution means.

he is not making a policy decision. not deciding whether obamacare is a good thing or not. he is just reading the u.s. constitution and telling us what is consistent with that. gregg: jenna: what was he like to work for? >> you know, he was such a gracious and generous boss to work for. it was really a privilege and honor to work with him. he relies on his clerks and he works with the clerks and kick ideas around with the clerks. ultimately, he very much makes his own decisions and the opinions are very much his own. you know, i think he is very aware that he is at the center of the court. these decisions weigh on him and he takes it very seriously. he is trying to get it right. jenna: some valuable perspective for us. thank you for the time today, nick. >> happy to be with you. gregg: obviously we are focusing a lot on justice kennedy, but there are eight other men and women behind the decision on health care.

rick folbaum is here with some interesting tidbits about those folks. rick: these nine men and women who sit on the court have so much power. we wanted to pull the curtain back and give you a look behind the rope at the justices as people. you can look at their credentials for yourself. these are things that we wanted to humanize him a little bit. starting with john roberts from his dad managing a steel mill in indiana where roberts worked during high school to make a little extra money for college. anthony scalia, the longest-serving of the nine justices, during his confirmation hearing he said they have a lot of experience working in groups of nine. he and his wife have nine children. clarence thomas originally planned to become a catholic priest but left the seminary after overhearing one of his classmates making fun of the murder of martin luther king jr. in high school, ruth bader ginsburg played the cello, was a member of the honor society, cheerleader and editor of the school newspaper. feeling like a slacker, anyone?

stephen breyer earned the rank of eagle scout at the age of 12. not bad. as a teenager he spent his summer digging ditches for pacific gas & electric. samuel alito is a diehard fan of the philadelphia phillies. so much so that he played second base at the annual fantasy camp. she says that she was too intimidated to even ask a question during her first year at princeton university after growing up in the bronx. finally, alayna kagan, the driving force behind the installation of the first frozen yogurt machine at the supreme court cafeteria. ladies and gentlemen, including justice kennedy, your supreme court justice trading cards. collect all nine. gregg: i'm trying to picture ruth bader ginsburg playing the cello and twirling a baton and being a cheerleader while simultaneously. jenna: that part about justice alito was great.

right now, the house is preparing to vote on whether to hold the attorney general of the united states in contempt of congress. it is a new sign that this might not be a vote strictly down party lines. we will talk to a house democrat about what is ahead. gregg: in the new study turning conventional dieting wisdom on a tab. what you should eat to keep the pounds off. jenna: not french fries. gregg: no. whoa. right? get. out. exactly! really?! [ mom ] what? shut the front door. right? woop-woop! franklin delano! [ male announcer ] hey! there's oreo creme under that fudge! oreo fudge cremes. indescribably good.

so what i'm saying is, people like options. [ male announcer ] hey! there's oreo creme under that fudge! when you take geico, you can call them anytime you feel like saving money. it don't matter, day or night. use your computer, your smartphone, your tablet, whatever. the point is, you have options. oh, how convenient. hey. crab cakes, what are you looking at? geico. fifteen minutes could save you fifteen percent or more on car insurance.

gregg: a breakthrough in alzheimer's research. a new study says that stress can actually cause dementia. apparently stress releases a hormone called cortisol, which can kill off brain cells and lead to alzheimer's. we have a doctor who is an adjunct professor at louisiana state university in shreveport. would you think of the study? >> well, we know that if you think about, stress, bereavement, people are sort of in a fog during that period. stress releases cortisol, which is important, it releases adrenaline. it is good for flight and flight response, back when you are running from a saber tooth tiger. but if you are an accountant day in and day out, it is not healthy. it can trigger proteins in the brain that actually contribute to the issue of alzheimer's, which is related. gregg: the fibrous proteins that appear in the brain, yeah.

good news is, as i was reading through this study is that exercise helps. right? >> yes, exercise is a great way to reduce stress. this will give us the chance to look at intervening vote on a psychological level and also on a physical level. looking for chemicals that will affect us and also looking at psychological triggers for stress and definitely exercise, rest and sleep. those all help. gregg: switching subjects to another study that came out, i thought that low-fat diets was the way to go. this study suggest that low carbs is better? >> it is funny because it gets a little ridiculed and people thought for sure that back in the day, we have been eating low-fat diets of people have been getting heavier. there is more diabetes and heart disease. what the study found, and with a low-carb or high glycemic index, meaning that a lot of fiber,

carbs that are hard to digest like whole grains, that you don't get the blood sugars spike and insulin spike, is a content stay satisfied and you maintain lean protein and muscle mass. this study showed that even after they stopped the diet, when you have more lean muscle mass, you metabolized at a higher rate and burn more energy. see one we are showing a lot of carbs that look yummy and we are all hungry here in the studio. again, as with the dementia, exercise is really the key, to. >> exercise is important. another study came out but said it promotes heart disease, those atkins type diets, the truth is that the key is lean protein. this isn't a license for a bacon free-for-all. you really have to stick with the lean proteins, exercise is an important factor in anything you do.

i ascribe to a lower carb diet too. gregg: doctor susan, great to see your. >> thank you for having me speak to another health newsflash today. today is actually national post hermetic suppress disorder day. weighing in with an op-ed, secretary secretary panetta saying the drawdown will ease some of the strains on our true. poster express will remain a critical issue for decades to come. the department of defense continues to be determined to urgently address the unseen wounds of war. we ask all americans to help us to protect those who protect us. that is from the defense secretary today. they are adding more mental health professionals, something to keep in mind today. gregg: several massive wildfires out west. we do have new information on the colorado fire that doubled in size overnight.

even as firefighters work around the clock and get this inferno under control. why not make lunch more than just lunch? with two times the points on dining in restaurants, you may find yourself asking why not, a lot. chase sapphire preferred.

jenna: a fox news alert just before noon here on the east coast a raging inferno in colorado. crews are now battling a destructive wildfire threatening countless homes, and the u.s. air force academy in colorado springs. you're looking at a live picture right now of this fire doubling in size overnight. mandatory evacuation notices are out for more than 30,000 residents. in fact, there are six fires burning right now in the state of colorado. the state's governor describing the scene as the worst movie set you could ever imagine. and right now a small army is fighting flames and all that smoke you can see on your screen with little relief in sight. we'll have an eye on this story throughout the hour here on "happening now." >> reporter: and rick folbaum in the control room. brand new stories we're working

on including this one, possible stowaways onboard a container ship docked in new jersey. the coast guard is working to find out if there's anybody inside and, if so, how to get them out. we'll have the latest on that. in florida a day of drug busts today all over the state. the feds are working to shut down so-called pill mills, illegal narcotics dealers. we've got a live report. and police in massachusetts releasing this video hoping it helps them catch her. a female purse snatcher. we'll show you the rest of this. all of that and breaking news as it happens as the second hour of "happening now" starts right now. jenna: well, it's hard to argue with this, it is the best-kept secret in washington. gregg: yeah, and that's some trick in washington d.c. [laughter] jenna: it's certainly tough to do. the supreme court's landmark ruling on health care less than 24 hours away. we're glad you're with us on the eve of this momentous occasion. i'm jenna lee, and it's all "happening now".

gregg: i'm gregg jarrett in for jon scott. we don't know which way the justices will rule as one of them said recently, those who know aren't talking, those who are talking don't know. jenna: and we know what category we're in, right? the ones talking that don't necessarily know. we do have some rare audio, though, of the supreme court justice doing just that, talking about the case during oral arguments. shannon bream's all over the story. she's live in washington with more. shannon? >> reporter: hi, jenna. there are several parts to this case, so a quick recap. you may remember day one focused on whether this case is even ready to be decided or if the court will wait until someone refuses to comply with the mandate, then have to pay the penalty and then sues. that would stop this entire case in its tracks. so we do expect the jus us diss -- justices have moved beyond that and will get to the heart of the matter, whether the mandate is constitutional or not. if it's struck down, they get to severability, whether the rest of the law can survive with or

without the mandate or just certain parts of it. and finally, a number of states say they won't be able to support the influx of the millions of new medicaid patients. here's how one of the justices responded. >> the aggregate of all these uninsured people are increasing the normal family premium, congress says, but a thousand dollars a year. those people are in commerce. they're making decisions. >> reporter: all right. many of the justices did express concern, though, about how to handle the rest of the law if the mandate falls. here's some of what justice antonin scalia had to say during the arguments. >> have we ever -- most of our severability cases, you know, involve one little aspect of the act, and the question is whether the rest. when have we ever really struck down what was the main purpose of of the act and left the rest in effect?

>> reporter: tomorrow we find out. although the court is set to release the final opinions of this term at 10 a.m. eastern, keep in mind there are actually a couple of other cases that have to be decided, so it could be closer to 10:15 eastern time before we get our hands on the real blockbuster opinion of this term and many terms around it as well. jenna? jenna: we're all looking forward to that. how many hours of that tape have you listened to, shannon? roughly? >> reporter: well, i think in total it was about five and a half hours in arguments, and i've listened to it more than once, i'll say that. [laughter] jenna: see you on the steps of the supreme court tomorrow. >> reporter: see you there. gregg: i listened to it myself once, we aired it on fox news radio. jenna: i do understand that. so did you listen to it there? gregg: yeah. i was anchoring the coverage there. it was a great treat to get to listen to the supremes. fantastic. on monday the white house declaring a partial victory over the supreme court decision on arizona's immigration law.

the court decides cases based on the law, not politics, but our next guest thinks the timing of the court's ruling was a way to throw a bone to president obama beforehanding him a major defeat on health care. charlie hurt joining us, he's a columnist for the washington times. hi, charlie. i want to quote, if i may, from your column because this is your ultimate point. quote: during his confirmation hearings chief justice john roberts talked about the importance of judicial humility which is probably why he issued the immigration ruling monday and won't issue the ruling on obamacare until thursday. he wanted mr. obama to savor a sweet victory for the better part of the week before dropping the hammer on what his agenda stands for. you seem pretty certain, charlie. [laughter] >> of course, it's a fool's errand for anybody to try and predict the supreme court, but that's what we get paid to do around here, i guess. but honestly, though, you know,

as you recall from justice roberts' confirmation hearings he talked a lot about this judicial humility, and, of course, it was very vague which was very beneficial for him in the confirmation process. but i think what it basically is, it is a respect for the other branches of government, it is a respect for the limits on the judicial branch, no activism from the bench. you can't come up with legislative solutions from the bench. and also a respect for sort of the political process. and i think that justice, chief justice roberts very much does not want to upset the political cart for no reason at all, but i think that the way i read his decision to wait for the most momentous decision to be dropped on the final day just before they go and turn into jet fumes getting out of town -- gregg: yeah. >> -- i think it really was a calculated -- we will discover that it was a calculated effort

to limit the amount of political distress that the court itself causes. gregg: i like your theory. now, speaking of political distress, here's what governor mitt romney had to say. take a listen. >> if obamacare is not deemed constitutional, then the first three-and-a-half years of this president's term will be wasted on something that has not helped the american people. [cheers and applause] gregg: it will have been a waste, essentially. that's going to be a constant campaign theme if it's struck down, right? >> yeah, it absolutely will be. but what was sort of strange about romney's statement right there is right after that he goes on to say, and if it isn't struck down, then i will make sure that it's undone which he probably ought to just stick with the waste line instead of -- then it becomes a circular argument because, well, it was waste because you made it a waste and probably not the strongest argument he can make. but it is a good point. you know, president obama and it's sort of the liberal

establishment has put all of its effort into this one thing. and remember, you know, the first two years of the obama administration he ran all the tables in washington. he had a strong majority in the house, he had a near filibuster and at times a filibuster-proof majority in the senate. they could have gotten nick done they wanted to -- anything done they wanted to. what they did do is they managed to get this through, and if it winds up being a big, fat failure, i think it'll be probably an insurmountable challenge for president obama. gregg: i've got to make this a quick one, but fast and furious. it was a conflict of battle between, you know, congress and the attorney general. now by virtue of invoking executive privilege, the president has voluntarily put himself squarely in the middle of this thing. what's the political fallout for president obama and, conversely, what might be the political fallout for republicans if they're viewed as petty, overreaching? >> well, i think your point is

exactly right that, you know, president obama unnecessarily put himself completely in the middle of it. there is no doubt, i think no one doesn't believe that this is part of a cover-up as opposed to some sort of high principle. but i also think that republicans, you know, they need to talk about the economy. they need to talk about jobs and health care is part of that, and talking about this is important, but it's not -- they shouldn't let it cloud their message on the economy. and if they do, they will get punished for it. gregg: charlie hurt, columnist with the washington times. charlie, good to see you, thanks. >> thanks, gregg. jenna: exclusive new reports from the ground in syria. we do have a fox news team in the capital of damascus, and they went to the scene of a deadly attack on a pro-government tv station. now the assad regime is calling this a massacre. greg talcott is streaming live from damascus with more. greg? >> reporter: hey, jenna, that's right. we've been telling you in the recent days how the attacks, how the protests are getting closer and closer to the center of da

damascus, to the center of power here in syria. well, today, yes, we had firsthand proof of exactly that. take a look at what we saw. this is what is left of a pro-government tv station just outside of damascus. the burning and smoldering remains of a bomb explosion, the wrecked walls of apparent more to mortar attacks and as with everything in this conflict, a lot of spin on both sides. one opposition group is claiming that defected elite soldiers were responsible for it. whoever did it, it was a well coordinated attack. after hitting the place with mortars in the early morning, dozens of armed gunmen stormed the complex, spraying it with bullets killing seven including three journalists, four security guards and then set several bombs off creating a lot of damage and a lot of fire. meanwhile, yes, a syrian official described the attack today as a massacre against the

freedom of the press. the u.n. office here also condemned it, and here is what a reporter at the station told us at the scene. >> our colleagues were killed, this is what happened. >> reporter: why? >> they want freedom, they want democracy. this is a kind of democracy. they destroyed the other opinion. >> reporter: what also struck us, though, as we rolled around outside of damascus is how many soldiers were around, how heavy the security was, how in the checkpoints were. starting just about a mile outside of the center of the city and extending well into the suburbs. clearly, a response to the growing number of attacks, protests and actions going on in this country. again, getting closer to the center of things here, jenna. two final notes. the u.n. coming out with a report today saying that, in fact, the regime here could very well have been responsible for the massacre in the city of hula in may which left 108 men, women

and children killed. they said they didn't have definitive proof of that. and the u.n. today saying they will have a high-level meeting on saturday including invited secretary of state clinton to try to come up with a way out of this deadly mess. back to you. jenna: secretary clinton says she's keeping her schedule open for that and hopefully it'll happen this weekend, greg. thank you very much, the latest from syria for us today. gregg: a manhunt in arizona for this man accused of taking off with his 1-year-old son. why police and family members are desperate to track down christopher ayer. and the feds are cracking down on clinics that hand out prescription drugs like candy, calling them pill mills. fox news gets an exclusive look at some of the raids taking place across one state today. and rick is over at the web wall, checking out one of the most-read stories on foxnews.com. rick? >> reporter: well, it's trending right now. it's chris stirewalt's power play, and the topic is how

according to chris a lot of moderate democrats in washington will be cheering quietly if the supreme court strike down obamacare tomorrow. you can read all about it. we know a lot of you are online while you watch the show. log on to foxnews.com, check that out right now, and we'll have more "happening now" after a quick break. don't go away. 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.

gregg: right now a lk at some of the crime stories we're watching. new jersey police on the lookout for a bank robber with some fashion sense. check this out. this female thief hit two banks in about 45 minutes. she was wearing a blue trench coat and a ralph lauren cap. police say she left inform a silver or tan-colored car that may have been driven by a man. phoenix police now searching for christopher ayer. they say he held his exgirlfriend and their

1-year-old child at gun point, then took off with the boy. ayer has threatened to harm himself and the child in the past. federal agents in the coast guard are looking for possible stowaways on a ship that just docked in newark, new jersey, after somebody reported hearing voices coming from one of the shipping containers onboard. the ship began its voyage in pakistan several weeks ago, and it's last port was in egypt. it's carrying machine parts to be unloaded in norfolk, virginia. jenna: well, a gang of federal agents carrying out raids across florida today, and they're trying to bust so-called pill mills. those are clinics and doctors and offices of health care facilities that excessively distribute some of the most addictive narcotics on the market. fox news is the only national network that was granted access to these morning raids. john roberts is live in pensacola with more. john? >> reporter: hey, good afternoon to you, jenna. a major operation underway here by the dea.

clear across from miami in the south up the coast of jacksonville and all the way west to pensacola. three people either arrested or detained in connection with the pill mill behind me here, including the doctor who was running it and the office manager. across the state a total of 14 arrests, seven of those people doctors. the dea says that this operation is unusual because it is a network that stretches across the state. typically, they say these clinics are one owner, one clinic. but this is this big, large operation. the investigation began about 18 months ago, it started in vero beach and branched out from there. and one of the most troubling aspects is that the masterminds of this alleged pill mill operation are two firefighters. yes, firefighters from pompano beach. this operation is huge. >> thousands of prescriptions, maybe in the tens of thousands of prescriptions, maybe many and, obviously, pills in the

hundreds of thousands, maybe even the millions. and these are pills that are not only going to addicts directly, they're also going to traffickers who are taking these pills up into other parts of the united states, not just florida where the problem is ground zero. and they're selling them on the street for huge profits. >> reporter: huge profits, thousands upon thousands of dollars. now, the state of florida has passed some laws to try to crack down on pill mills, and while those laws are having an effect, pill mills are still a huge problem not only here, but across the country. according to a recent report by the centers for disease control, more americans die each year from prescription drug abuse than from heroin and cocaine combined. according to florida's attorney general, pam bondi, seven people die every day in the state of florida from prescription drug abuse. and while large operations like this one have continued to exist, florida is beginning to put a dent in the pill mill problem. that's being reflected in prices on the state. a tablet of oxycodone now fetches as much as $80. that has created, though, an

ironic problem. some addicts who can no longer afford to buy prescription drugs on the street are turning back to traditional illicit drugs like heroin to get their fix because, jenna, it's actually cheaper now. jenna: wow. the economy behind it. you said seven people that die a day from this? >> reporter: seven people in the state of florida that die every day. more in the united states in total from prescription drug abuse than cocaine and heroin combined. those are shocking, shocking statistics. jenna: really gives us some perspective today. john, thank you for that exclusive report and look for us very much. >> reporter: thanks, jenna. gregg: a violent mugger targeting a woman's purse, and the victim fights back. plus, every day americans have a lot to say about the supreme court's upcoming decision on health care. where they stand and what they hope will happen. [ male announcer ] feeling like a shadow of your former self?

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gregg: welcome back. breaking news on a violent attack caught on tape. rick has the details. >> reporter: okay, gregg, this is a pretty bold attack right in front of a liquor store. the suspect actually waiting for someone to pounce on. we've got the video from a surveillance camera. this is it, and you can see that there's a female purse snatcher that walks right up to that lady. she's walked out of the liquor store, and look at this attack. she gets thrown down. the woman actually able to hold on to her purse, so the woman did not get away with the purse, but she holds on to it even though she fell down onto the ground pretty hard. eventually, the suspect runs off empty handed, police think she got into a car and drove away. the victim, thankfully, okay. a few bumps and bruises. this attack took place back in early may, but police in lynn,

massachusetts, say their leads have dried up, so they've released this video in hopes someone knows who this woman is. she's described at 5-8, 130 pounds, and if you have any information, you're asked to call the lynn police department in massachusetts. we'll put the number on the screen for you in just a second here. investigators say that from what they can see on this videotape, gregg, this woman has done this kind of thing before, so they'd like to catch her before she has the chance to do it again. back to you. gregg: all right. rick, thanks very much. jenna: well, we're awaiting a huge decision from the supreme court on the president's health care overhaul. raw makers on either side -- lawmakers on either side of the aisle are talking about what we, the american people, want and how we feel about this law, so we wanted to dig deeper into that question. how does the country really view, really view the president's health care law? scott rasmussen is an independent pollster and president of rasmussenreports.com. so, scott, you just looked at this question this week. what do the numbers tell us?

>> 54% want to see this law repealed, only 39% want to see it upheld. and, jenna, the most amazing thing about this is these numbers haven't changed for more than two years. the week after the bill became law, the numbers were exactly the same. republicans and unaffiliated voters want to see it overturned, most democrats like the law the way it is. jenna: you know, scott, you also asked the question about likely voters at least somewhat favoring the repeal. >> right. jenna: um, but does it change about, and let's go ahead and put up the numbers if we can so folks can get a look at them on scott's latest poll numbers. does it change, scott, when you ask the question about what's good for the country versus what's good for the individual? does that change at all? >> the numbers shift a little bit, but consistently for the last two-and-a-half years more people think it's bad for the economy. more people think it's bad for the country at large. this law is seen as increasing

the federal deficit, increasing the cost of care and hurting the quality of care. and, you know, we can talk about the dynamics, we can talk about specific aspects of it, but the stability of opinion has been very strong and certain things just respect changing. seniors -- just aren't changing. seniors, those who use the health care system more than anybody else, are among the most opposed to it. jenna: okay. we just showed a poll, by the way, that we didn't mention. so i want to explain that to our viewers because we put up numbers none of us brought up. let's take a look at the nbc/"wall street journal" poll. it happens sometimes, doesn't it? basically, we see some division in this poll about whether or not you're going to be pleased or disappointed, if you're going to have mixed feelings about the supreme court ruling that the health care law's unconstitutional. what do you make of the mixed feelings part and which way that's going to play post the ruling?

>> well, the first thing is, jenna, none of us know what the court's going to rule. i could make up lots of scenarios about potential alternatives, and can it's quite possible we'll end up with something like we did on the arizona immigration law, a mixed result. so when you just ask the question generally how are you going to feel about something that you don't know what it's going to be, people are going to say, oh, let me wait and see. tomorrow when the court rules and the president responds and governor romney and others respond, then we'll begin to get a clearer sense of what's happening. for the most part, americans would like -- they overwhelmingly want to see the individual mandate overturned. there are some other parts of the law that people like. jenna: it was interesting that you noted really the numbers haven't changed over the last two years. that was one of my questions. i thought that was really interesting that we've seen some consistency. now, back in march you wrote that even if it survives the court, if we do see the health care law deemed constitutional, that the health care law is doomed. do you still believe that and

why? >> i do believe it. this law will not survive more than a couple of years at the most. if governor romney is elected president, he will bring with him a republican congress, and one way or the other they will repeal most of this law. 61% now believe repeal is somewhat likely. but even if barack obama is elected, there's a challenge, and can that's because voters know they have more power when they act as consumers than they do when they vote for politicians. so they're going to be looking for more choice. and this health care law gives them fewer choices. it decides what has to be in every insurance policy when 77% of americans say they should have a choice between different types of policies. and so one way or another this law will fail, it's just a question of how and when it will meet its demise. the earliest could be tomorrow morning. jenna: interesting, scott. we're looking forward to that decision and the conversation after it. thank you for rolling with us today. we always appreciate it. >> thank you. gregg: tropical depression debby losing steam, but parts of

florida still at risk of flooding and tornadoes. we're going to have the latest forecast for you. and new fallout in the fast and furious investigation. eric holder facing the possibility of becoming the first attorney general to be held in contempt of congress. coming up, why one democrat says he will vote to hold the attorney general in contempt. [ male announcer ] don't miss d lobster's four course seafo feast, just $14.99. start with soup, salad and cheddar bay biscuits then choose one of 7 entrees plus dessert! four perfect courses, just $14.99. come into red lobster and sea food differently.

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jenna: a fox news extreme weather alert. debby may be gone, but the threat remains for many cities along the east coast that could face tidal surges and serious flooding as well. janice dean is live with the weather report. reporter: just tell them there won't be a good sir. they out of the water. we are so loud glad that debby is out of there. what a legacy. almost 30 inches of rain in parts of order. 20 inches in sanborn, florida. jacksonville at, 5 inches in just a matter of hours. a flashlight emergency underway. debby is a depression and we are saying goodbye and good riddance. still seeing a little bit of rain, the tail end of the storm

across portions of south florida, but the video we are getting, and remember when you see flooding and you are driving, do not drive through water. you cannot see the bottom. more flooding deaths occur because oaks are not paying attention. you really need to, you know, stay indoors. especially if emergency management teams have said do not drive. okay? that is the situation in florida. we say goodbye to debby, low pressure system for the next couple of days and it might strengthen but it will not affect anybody across the land. that is great news. unbelievable that we have this storm and june. we typically see the storm in august. the other big story is extreme heat. incredible heat. these are records from yesterday. 105 degrees in denver. that ties an all-time high. they have never been passed 105 degrees. incredible that this continues, and that will be the story not only today, but for the rest of the work week.

look at these temperatures, jenna. right near the air conditioner, get your face right in the air-conditioner. jenna: great advice and thank you so much. we are going to bleed into the colorado fires right now. another side to the story. gregg: new information now on one of the wildfires burning in colorado. this is the waldo canyon fire. it is jump -- it has jumped fire lines and it is about 5% contained. it doubled in size overnight. authorities are saying the heat is so intense, the situation is so dangerous, they cannot even get into the area to access the damage and assess what has happened there. 32,000 people forced from their homes, more than 2000 people had to evacuate the u.s. air force academy. alicia acuna is live in colorado springs.

reporter: hello, gregg. fire crews were feeling fairly confident about this yesterday in their fight. they brought in 65-mile per hour winds, he pushed it pushed in so fast that it took those claims and move them right over neighborhoods in colorado springs so quickly that all fire crews could do was just watched them take over neighborhoods. they can't count the number of houses destroyed. all they can say is that it is in the dozens. take a look. >> this is not a defensive situation by any stretch. there are countless, countless examples of this. there are homes impacted, i am absolutely not prepared to release the number. we do not know the number. it is an active fire and not remotely close to being contained. reporter: the big problem is the heat and the wind. the wind is moving westward. that is a big problem and it was

a problem last night. this is interstate 25, a major corridor for the united states. it was closed in both directions last night because it was overtaken with smoke. then you move over here in dc on my right -- you see on my right 2000 people evacuated, you can see new cadets in coming tomorrow. they are trying to figure out how to manage that. behind me over here are 14,000 feet of pikes peak. you can even see it because it is over taken with smoke and flames. gregg: an amazing situation, alicia acuna, thank you very much. jenna: new development in the "fast and furious" showdown in capitol hill. our senior producer is reporting as many as 20 democratic members of the house will join republicans to vote yes to hold attorney general eric holder in contempt of congress. he is accused withholding critical information on the gun running program.

our next guest will vote no on the contempt that he has taken to the editorial pages, saying that the investigation is the latest partisan attack on the obama administration. he said the process is a tragic misuse of congress' power, it is an understatement. that from the congress and who joins us now. congressman, nice to have you with us. >> thank you. good to be with you, jenna. jenna: let me ask you about executive privilege. it was asserted back in 2008 with the bush administration. white house officials were voted in contempt. why is it a try tragic misuse now and not been? >> then you have a situation where harriet miers and josh bolten refused to testify at all before congress, refused to provide any documents

whatsoever. contrast that with an attorney general that has testified nine times and produced about 8000 documents, you can see the situation is pretty much a night and day. there you had a blanket of refusal, here you have a justice department that has cooperated extensively. unfortunately, i think what we will see happen is we are going to litigate this after we have a mostly partisan vote tomorrow. it will be resolved in court by a settlement which will provide the same document that he provided right now. we have gone through years of expense and delay or nothing. that is what i hope we can avoid and i hope we can come to the table and resolve this without having to abuse the congress and contempt are tomorrow. gregg: let me get back to what you said about it being a partisan attack. he wrote that in your editorial and said it will be mostly along party lines. every hour we are getting more democrats that will say yes to hold eric holder in contempt.

your argument about it being a partisan attack -- is that not accurate at this time? >> it is still accurate, the nra has now weighed in. they said they are going to score this. if you want a perfect record with the nra coming out to vote to hold him in contempt of court. whenever the nra endorses something, the people that want a perfect record are going to vote for. that will bring along a couple dozen democrats. gregg: jenna: you say it is election-year politics? >> unfortunately, it is all about election-year politics at this point. jenna: if i could, just trying to take a step back from the story, because honestly there is a lot of parts to it. in some ways it seems very bipartisan, and the fact that none of you want another young men to die because of the government program. none of you, republican or democrat, want to see a program like "fast and furious" happen again. that is something to both of you agree on.

both sides of congress. at this point, the effort to never make the same mistake again. why not just make all the documents, whether they are from february of this year from the ninth that was the night that brian terry died -- to try to make sure that it never happens again amax. >> that is a perfectly good question. you are right. numbers on both sides of the aisle want to get to the bottom of this. both under the bush demonstration and obama administration. how did it get started, why did it continue. the question also should be, why hasn't the committee called anyone like the head of the atf, who is responsible for this program? why haven't they called anyone who knows the origins under the last administration to compare with this administration. the reality is that those questions that go so much to how does that idea got started, the committee has lost interest in all of it. all it wants things that took

place after the case and the operation was shut down. they want more and more documents. jenna: sorry to interrupt, but the committee members, as i understand it, they are the majority of republicans in the committee is both republican and democrat to call that. i understand there is frustration on the democratic side. we heard from congressman xavier becerra. these are collected officials that are supposed to represent what the american people want. is it really, you know, is this along partisan lines, or are you saying that the people that have been chosen by the people are just not making the right decision? >> of course you have members of both parties sitting on the committee. you have the gop members on the committee and decide we are not going to call these witnesses because we don't like what they have to say. we are not going to call the head of atf because he was a that he never disclosed any information to the attorney general. apparently, the committee is not interested in that. it is only interested in facts

that will support its determined conclusion. as a prosecutor, that is not how you run an investigation. you asked the ask the question why shouldn't the justice department to turn over everything and anything? gregg: only 30 seconds left. >> i think both have acted properly at times, to cover deliberate internal to medications so they could have a candid free flow of information. jenna: inc. you, congressman, it is nice to have your perspective today. we will be right back with more happening now. a party?

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jobs for people. that all expires on saturday. lawmakers are scheduled to leave town on friday for the fourth of july holiday recess. and to have a vote on credit from the legislation has to be written and posted before midnight tonight. that is why this is all up against the wall. the republican chair of the transportation committee, congressman john mica, told us that this is just a struggle. every hour is hopefully bringing us closer. everything is still in play at this hour. gregg, i'm just getting word on my blackberry. you were talking about the keystone xl pipeline. we are getting word that it will not be included in this bill. the keystone pipeline will not be included. we still don't have a final cost for the measure. the decision was up to how speaker john boehner as to how to include this keystone pipeline. democrats and republicans say it won't be in the house transportation bill. the white house has said the president will veto the bill if it had keystone in it. speaker boehner said that both sides appear to be moving toward

an agreement. the top democrat on the committee says it is key for the overall national economy to get this bill done this week. >> i think it is important that we send out a message of certainty to our state department of transportation, to our construction workers, to those who would have contracts here before the summer months are over with. reporter: one more time, the word i am getting and the latest information, gregg, are saying that the keystone xl pipeline will not be included in the transportation compromise between the senate and the house. that is according to our team on the health. gregg: molly henneberg with the very latest. jenna: new details of a murder of a teacher in vermont. prosecutors are upgrading charges against a husband and wife accused of murdering a young mother. the suspect allegedly bragged it

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gregg: getting some new information of a popular vermont schoolteacher. there are new charges against a snow plow driver and his wife accused of sexually assaulting and killing alyssa jenkins. alan drew has pled not guilty to murder. his wife priscilla is charged with aggravated murder. they were acquainted with jenkins and lured her out of her home by pretending they had car trouble when jenkins arrived to help, they allegedly strangled, beaten, electrocuted the young mother while her 2-year-old son was trapped in his car seat. strap in his car seat. the child was not injured. now, there are reports that priscilla has been very chatty in her jail cell.

let's bring in our legal panel. marla czajkowski is a former prosecutor and a criminal defense attorney. ted nelson is a criminal defense attorney. marla, you know, it never ceases to amaze me how chatty people get in jail. of course, jailhouse snitch's are a dime a dozen. >> absolutely. jailhouse snitch's need to be taken with a grain of salt. pour priscilla, she would write notes that she did the crime, but they did it for fun and they targeted this woman because she had pretty blond hair. the jailhouse snitch is actually being corroborated in this case, and that is why the state chose to amend her charges. they can now prove that she sexually abused her in the murder. gregg: apparently the victim telephone her boyfriend to say i have this weird call and i'm

going to have go out and help these people in case something happens, wow, that is pretty powerful stuff, right? >> that is really powerful. in this case from the defense attorney will really have to put on his thinking cap in this one. there is a lot of evidence coming out and it is all sketchy and circumstantial at this point, gregg. the call to the boyfriend, that puts her going out to see these people and then patricia billy needs to sit down with whoever her court-appointed lawyer is, he needs to tell her to visit her mouth shut. unfortunately, at this stage, the damage might have already been done. it all depends on the snitch, obviously, and you know, how dirty the snitch is. ultimately, she has hardly done some damage. gregg: marla, it would be helpful if there was corroborating physical evidence as well.

it is a little bit unclear as to whether police and prosecutors have any of that. >> yes, they say that they found a prepaid cell, the vehicle that was found. there has to be some sort of physical evidence. i would assume that there was a sexual assault there would be evidence. i think, as was mentioned, there is definitely circumstantial evidence but a lot of evidence that leans towards the premeditation. they bought a cell phone and they did all these things to lure her into that situation where they could then assault her and murder her. gregg: what about that? create meditation and planning. when you buy the tools of your crime in advance. that is a pretty powerful evidence of premeditation. >> clearly we can see where the government is going to go with this case. they had the cell phone and some notes. clearly, they are showing that this was all set up. premeditation, just because they went back and had a cell phone

-- they still have some loose ends to tie up. the one thing, you know you have to realize, there could be an insanity defense are. you kill a lady for fun with your wife -- you have a pretty good head start on crazy, i think. gregg: it seems insane or diabolical. marla czajkowski and tad nelson, thank you both so much. we will be right back.

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jenna: a big day tomorrow. joining us, senator rubio of florida, senator lee of utah, senator coons of delaware. an all-star cast. gregg: and tim o'brien at the supreme court. so big day tomorrow: stay tuned. we invite you to be with us tomorrow. thanks for joining us. "america live" begins right now. megyn: fox news alert on three major stories developing right now in our nation's capital. welcome to "america live," i'm megyn kelly. first, less than 24 hours to go

now before the u.s. supreme court decision is released on the president's health care overhaul and whether it is constitutional. the rule willing effect your doctors, your insurance and your family's health care. if you think it won't, you're wrong. the daily news briefing is now underway at the white house, and we are expecting tough questions for press secretary jay carney after he warned yesterday that, quote, decades of precedent would be overturned if the high court rules this law is unconstitutional. the white house got in trouble before for issuing what many perceived as a warning to the high court. another controversial remark. just down the road on capitol hill high-profile democrats holding a news conference on tomorrow's house vote to hold the attorney general of the united states, eric holder, in contempt of congress, in criminal contempt of congress. mr. holder has refused to hand over numerous documents on a gun-running sting that may have led to the death of at least one