will move to repeal what's left of it. >> and from the very beginning, representative michele bachmann leading the charge to repeal obamacare. tonight she said republicans are unified in that message. just a short time ago we spoke with representative bachmann in the cannon house office building balcony overlooking the capitol. >> nice to see you. >> good to see you, greta. >> you can feel the buzz on capitol hill. tomorrow at to 10:00 the decision. >> lots of energy. >> you expect what? >> well, i expect a decision from the supreme court that will change the current law on obamacare. we don't know if it will be fully struck down, partially struck down, but the buzz and expectation that's been keyed up here in washington is that something will change. it won't be obamacare as we know it today and that's good news. >> all right. americans really like certain provisions out of obamacare. for instance, they like the pre-existing condition you can get insurance, they like the fact that many keep their children on until age 26. in the event the law is struck

down in total tomorrow, do you have any plans to the republican party to address those issues for the american people? >> absolutely. because again, barack obama is the one who said it, the big problem in healthcare is cost. he promised that every american would realize $2,500 a year savings on their health insurance premium if obamacare passed. justify the opposite happened. there's a spike in premiums and so what we want to do is make healthcare more affordable for people and more accessible. really there's some simple things to do that are zero costs. one that we could do is let people buy any health insurance policy they want in america with no minimum requirements. second, let people buy that health insurance with their own tax free money, and third, have medical malpractice reform. if you do those three things alone which is no cost to the government or taxpayers, you will bring down the cost of healthcare. that will help people. that's not the end of it. that's just the beginning. >> is there a commitment by the republican party that if the obamacare is struck down in

total, that you will begin immediately to work to resolve this healthcare price sis in the country and work with democrats? >>, we will. matter, i have a letter right now that a senator and myself is circulating. it's circulating in the senate and i'm circulating it in the house. what we are doing is telling the states don't implement the healthcare exchanges because one thing we found out, greta, if a state doesn't put those healthcare exchanges in place, the job creators of america don't have to collect the $3,000 tax per employee. this is a huge job creator. so we are working now to get more members of congress to sign this letter. >> i assume a lot of money has gone out to the states to create them? >> billions. >> where is it? if the law is struck down, who gets the billions. >> the billions spent likely are gone. so what we are doing is calling on the states, give the money back to the federal government that we've already given to you to implement obamacare.

>> calling upon them ordaining? there's a big difference. >> you will see a bill demanding that they give it back because no one wants to voluntarily give back billions of dollars but let's face it, we've wasted a lot of time to create this. and let's drive down the cost of healthcare for all americans. >> leader pelosi said the constitutionality of obamacare, iron clad. >> she's absolutely wrong. it is unconstitutional. there's no where in the constitution the government can force you just because you breathe to buy a product or service because government tells you to. that is the height of -- or that's the bottom of the barrel of not having freedom. so i see under no circumstance the supreme court could call that constitutional. >> and if it happens, what would you be saying to me tomorrow night if indeed you are wrong and they say it is constitutional? >> greta, i'm sorry -- go ahead. >> what i would be saying to you

tomorrow night is next. that's why elections matter and that's why all of our chips are on november. and why we have to replace the president, the senate, and make sure that we have a house that will fully repeal obamacare. that hasn't changed for us. we are fully committed to the repeal of obamacare. >> is there any chance in your mind that the supreme court would simply declare the man date unconstitutional and leave the rest of the law standing? because frankly i don't know how they do it in the absence of a severe ability clause in the statute which is not there. >> and the severability clause was in the original obamacare legislation. that was removed. that's a clear indication of legislative intent, that congress, this body, decided if one part of the bill was declared unconstitutional, the individual mandate, the whole bill would fall. so it's pretty clear, it's pretty black and white, if the supreme court finds the individual plan date is unconstitutional, then nor part of the bill should survive. >> do you anticipate no matter

which way the decision it tomorrow night there will be a criticism that the supreme court is partisan, that it is a political institution, and that it didn't simply interpret the constitution or do its job? >> well, there will be no question that the supreme court will be under fire from whichever sector feels that they weren't heard or addressed. i plan to be in the supreme court chamber tomorrow when that opinion is handed out and maybe that's part of the reason why the court decided to put the decision out on a thursday as opposed to a monday, because then everyone can move into the weekend and change the course of the conversation. >> and, of course, you might add it's the last date of the term. they didn't exactly -- they could have released it yesterday ordered to even but they are waiting until tomorrow. >> and remember it's not the only decision that will come out. there are multiple decisions. but this is, as they say, this is the king daddy decision of them all. this is what america has been waiting for and we are very excited. >> if the statute is upheld in it's entirety, what is the republican party going to do? >> if it's upheld in it's

entirety, you will see one unified voice and that's this, and i believe that will include i believe the republican candidate for president, mitt romney, we still stand for full carey peel of obamacare because we know what's happening under the healthcare plan. we already see the costs ever spiking up and we are already seeing denial of care. we won't stand for ttat. that's going to hurt everyone. so we are standing and we will continue to fight for free market healthcare to bring the costs down so more people can have access to better quality care. >> one last question. the political implication for november. if the president wins, what does that mean in november for him, if he loses with a does that mean in november? >> if the supreme court upholds obamacare completely in total, the president will claim victory, that he was right all along. and one thing we do know is that 70% of the american people aren't happy with this bill. that's not going to go away because healthcare costs are continuing to climb and people are being told no when they go into their doctor with denial of care. so this problem won't go away

for the president. it will again be a central issue in the presidential campaign. >> and if the statute is tossed out in total? >> if it's tossed out in total then i i this it it will be very clear the country has waist the the country's time. ice signature bill as a president, wasted 3 1/2 years on an unconstitution program when we could have dealt with the problems of healthcare which is cost and then we will drive the costs down. >> we will see you tomorrow at 10:00 a.m. congresswoman, nice to see you. >> nice to see you, greta. >> are some democrats giving the president a covert warning and is it proper days after they hurt arguments in the healthcare case, accused obama of trying to intimidate the justices. you remember him saying it would be an unprecedented, extraordinary step to overturn a law passed by congress. now democrats are issuing a new warning. here's what the democratic caucus advice chair said today

link see if they are listening to the american people and following the u.s. constitution or if it is becoming more and more we've seen in the past, a partisan body no different than the congress? >> he joins us. good evening. >> good evening. >> and he was dead wrong on the law. the supreme court has the authority to overturn authority and that's about 150 years old, marbury versus madison so he's dead wrong on that law. but none the less, are the democrats, are they sending a shout to the court or warning them? >> i think it would be a big mistake to come out and bash the court, irrespective of how this comes out and i think that could certainly backfire on them. it seems to me, at least, there are 169 acts of congress that you noted that have been overturned by the courts. one, most recently as 2008 and that had to dole with the habeas corpus rights of detainees at guantanamo. at that time biden was a senator and he came out and praised that decision. i think if the court,

irrespective of how the court rules, they will be respectful of the court. i certainly hope that they rule to overturn the mandate and hopefully other elements much the law. but if they don't, obviously we will be disappointed but we will respect the decision. >> does that mean it the supreme court says the individual mandates are constitutional you can sort of step back and take a deep breath and say to yourself, yes, they are constitutional? >> there's still a question. obviously this thing, the reason we are at the supreme court is because there was a lot of conflicting opinions coming out of district courts and appellate courts. so there is a question about the constitutionality clearly. the supreme court is going to, you know, put the final stamp on that one way or the other tomorrow. the one thing that we do know is irrespective of whether they decide it's constitutional or not, that doesn't mean that it's good policy. we will continue to argue that it's bad policy, the american people have rejected obamacare. it's something that is driving up healthcare costs, not bringing them down. it's causing us job losses

across this country because of the higher costs it imposes on small businesses and new taxes, the mandates, so we are going to have a clearly a debate about that one way or the other going into this fall. >> do the republicans in the senate, i know you are not in the majority, but do the republicans in the senate have a plan? in the event it's tossed out. regardless whether it survives tomorrow or does not, healthcare remains a huge concern of americans. if it is thrown out tomorrow do you have a plan of what you would like to see done with healthcare that you think would be good for america? >> well, we do. and we, during the course of that debate, wanted to get some of our ideas into the mix but at the time the president had the votes. they did, they rammed it through. they didn't need republicans, didn't attempt to recruit republicans or incorporate the ideas that we brought to the table. but the one thing we will do differently is listen to the american people and approach this in a more thoughtful way and not come up with the 2700 page, you know, solution to this that creates a huge

$2.5 trillion expansion of the federal government. many of the issues that concern most americans can be solved short of a $2.5 trillion we she moth program like they cam came up with. >> something that i thought was sort of worth discussing about the healthcare laws, the 2700 pages. the healthcare law, and the people who voted for it, and we voted for you or voted against you, whatever. it then goes out to hhs, to people who we don't know, whose names we never get, who we never voted for, who then create the rules for implementation which is really sort of the guts of it of how it affects us. so it's real actually, the healthcare law in the end is actually written by hhs. am i right? >> you are. and there's a lot that gets lost in translation between what congress passes, the legislative intent, and sometimes what is implement bid the bureaucrats and the various agencies and that's certainly the case with this. we've seen showers -- thousands

and thousands of pages to try to implement this. that's what you run into it when you pass a 2700 page solution that dramatically grows the size of government and gets away from what we've been doing with regard to healthcare in this country for a long time and that's trying to keep some level of choice and competition. we believe there is a way that you can approach this that is common sense cal, that uses a stepdy step approach, implements reforms that will lower the cost for people in this country rather than increasing it, by is what we are seeing and which is what many of us predict when had this particular bill passed. >> i think what troubles a lot of americans as well, if i could be so bold to say this, and the rules are being written by people whose names we don't know, who we haven't voted for, but of the 2700 pages is the idea that something so monumental for the american people as their health, and people voted yes or no having not read it. and frankly, i've tried to read it. if you really do sit down and read what was passed, it is

incomprehensible, it truly is. >> i tried to do it too, and i'm not a lawyer like you are. you are probably used to reading that sort of stuff. but it is incomprehensible i think to most americans. >> i asked everybody. i actually -- i would love to challenge a member of congress to tell me about these different provisions. i've read them and you can read to one page to the next and it really doesn't make any sense. >> it doesn't. and maybe in the context of 1,000 pages or something it makes sense but if you try to sort through that and grind your way through it, its incredibly frustrating. that's why i think most americans said we want healthcare fixed. we do have challenges we need to face in healthcare but there is a much better way. >> the serious -- i mean there's no question it's a serious problem and it's hugely important to the american people. but i would like to be able to understand the bill. >> right. well, and i think that most americans would like to understand the bill and that's why i think going back and going about this in an entirely different way is so important. i think listening to americans

and listening to healthcare providers and being thoughtful and responsible and doing this in a step by step way that implements common sense reforms that people in this country can really understand. i any handing the reigns of this thing and handing this incredible amount of power to bureaucrats in various agencies in washington d.c. i think is what most americans found most offensive. >> i think one of the members of the court is hearing arguments, what do you want me to do, read 2700 pages? that's sort of the dirty little secret is nobody is reading it and nobody wants to. >> we will find out tomorrow. >> we will certainly find out tomorrow whether it's constitutional or not. those nine get to decide. >> thank you, sir. >> thank you, greta. >> and rush limbaugh said tomorrow is the first day of a big mess. what is he talking about? should you be worried? rich limbaugh is next. and we have video tonight of house lawmakers already at each other's throats about the eric holder vote. and there's news tonight some

democrats are defecting voting with the republicans to hold the attorney general in contempt. the latest coming up. and plus governor chris christie calls someone arrogant and it's caught on camera and something even worse, you will hear the shocking words straight fromgreo governor christie's mouth. you definitely don't want to miss this. and check out family summer camp with kids' workshops, crafts and more, all for free. [ engine turns over ] [ male announcer ] we created the luxury crossover and kept turning the page, this is the next chapter for the rx and lexus. this is the pursuit of perfection. syou know, i've helped a lot off people save a lot of money. but today...( sfx: loud noise of large metal object hitting the ground) things have been a little strange. (sfx: sound of piano smashing)

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>> rush limbaugh said we asked for it, he's talking about the potential fallout from the healthcare battle. he said it could get messy for everyone. >> i got a call from speaker boehner last friday, who -- i mean, he was calling a lot of people. yeah, he called me first. yes, yes, he called me. but he's calling a lot of people, and he was telling us what the republican plan is, and it was repeal, repeal, repeal, regardless what is happened. if the mandate is thrown out, repeal the rest of it. if the whole thing is, repeal it. if the whole thing is deemed unconstitutional. repeal that. [laughter] >> he made it clear that repeal and not repeal and replace, but repeal was going to be the focal point for the house republicans. i don't know what -- a lot is on

the line. and then you realize the election is in four months, or four and a half months, so if the mandate is thrown out, if the whole thing is torpedoed. and there isn't a lot left if it is thrown out and then it becomes a campaign issue for the next four months and obama is saying four rich guys and an uncle tom just took your healthcare away. i was the first one to give it to you in 100 years and they took it away. they still have theirs. the four white guys and uncle tom took your healthcare. that will be a campaign platform plank for them. if it is upheld then it becomes a campaign thing for the republicans and for romney. and then the election in november will have further ramifications on the future of

this particular piece of legislation, obamacare. so tomorrow is really is the first day of a big mess. but it's the kind of mess that we want, the kind of mess that we asked for. it's the kind of mess that has to happen if we are going to get rid of this and try to bring some common sense reforms. >> which campaign will be in the ruling? we are joined by rick klein. i assume come november jobs and economy will be the most important thing for voting but right now it seems like healthcare is because we are so overwhelmed with what is happening tomorrow. but tell me, how does the obama campaign intend to use healthcare if it is struck down? >> if it is struck down they will come back with the collin powell pottery barn rule. remember that one, you break it, you own it. they will say republicans, you asked for it, now you have to do

something about it. it's not just good enough to say you will repeal it. you need to replace and and you need to explain to people why they are in danger of losing their healthcare, why your college age kid may be losing healthcare. you have to find a solution now. the onus will be on republicans to come up with something. if they get what they wanted, they will have to answer the questions. >> how will the romney campaign use it if it is struck down. >> if it is is struck down it will play in his argument barack obama was over his head to start and he pushed a law that turned out to be unconstitutional. they were ramming it through using procedural means and the court upholds that. they will say this is exactly why he wasn't fit to lead in the first someplace why he needs to be replaced now. >> if it is upheld, what does president obama do in terms of using it for the election? >> i think it's -- it will be a remarkable vindication of president obama. everyone in town has assumed for a while that it will be struck down or the mandate at least will be struck down. there seems to be some late thinking that it could be

upheld. but i think the obama campaign would celebrate it and then they would take it as an opportunity to try to sell this all over again. if it is upheld it will not automatically become popular. it is still a widely unpopular law. but there are pieces of it that you talked about are popular and i think they would get a clean slate to try to sell it and tell people this is why it happens, this is why you want this law. >> and if it's upheld what does gov. romney do? >> he will decide are you going to attack the court here, even though there's a majority of republican appointees on the court or will you say i understand its constitutional and respect that and attack it and pieces of it. he was the champion of an individual mandate at a state level, but it makes it a little bit more nuance than it would be for another republican. >> for gov. romney it will go back to the economy? >> no question. this is a distraction on the bigger issue if you are either

campaign right now. but this is a big moment. you almost feel the crown rumbling. it's 12 hours away from the big moment in the campaign but for the romney campaign and the obama campaign they don't want it to be determined solely on an issue like this. >> i guess in some ways it rolls into the whole economy issue. we run into questions of deficit, if anyone can afford to pay the medicaid expansion. we look at the more immediate aspect of it, the supreme court. but it has wider considerations even on the economy, which is a broader consideration for both candidates. >> that's right. the main thing romney will say about healthcare, the president was spending so much time focused on this that he was letting the economy move along without giving it appropriate attention n that sense if plays into it. for a lot of people the economic issues are healthcare issues. it's a huge cause of bankruptcy if you lose your healthcare. but by and large it will come back to be economic issues. >> i don't know why anyone would pay for the mandate to buy health insurance if you can buy health insurance if you get sick because you can buy health

insurance under this program if you have a pre-existing condition. so it would be more economically prudent for someone to wait to see if they get sick to buy a mandate. >> that's the reason why the mandate has to be part of the economic part of this. you need healthy people to buy into the system. >> who will buy the mandate because you can always buy it when you get sick. >> you would be penalized. you would pay a fine if you don't do it right away. >> if you get caught. >> if you get caught. >> but what will be interesting is if the mandate gets tossed out, the health insurance industry, which of course didn't want by and large the obama bill to pass in the first place, they will be back here immediately saying we have to fix these other pieces of it because you can't just force us to cover people when they get sick. we have to do something to meet the economics. >> i still don't know how the supreme court can throw out just the plan date without a severability clause in the statute to throw out the whole thing. but i don't know. they may uphold it, i have no idea. they get to do exactly what they want, and they will. nice to see you, rick. >> thanks, greta.

>> coming up with the contempt vote just hours away, does attorney general eric holder have new reasons to be worried? have things just gotten worse for him? find out next. and a big surprise for a which is fan. what did mitt romney do for one ever his most dedicate the supporters? you have to see this and you will. it's coming up. ♪ how are things on the west coast? ♪

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♪ what started as a whisper every day, millions of people choose to do the right thing. there's an insurance company that does that, too. liberty mutual insurance. responsibility. what's your policy? >> okay. pass en your seatbelts. tomorrow will be a roller coaster of a day. fate of the president's healthcare law is not the only thing riding. the historic fate of the united

states attorney general eric holder could also hang in the balance. the full house will vote on whether to hold attorney general eric holener contempt or not. and today the battle already getting really bloody and that was just a meeting to set up the rules for tomorrow's vote. >> why are we steam rolling ahead on a matter of such gravity? in my opinion the answer is plain and simple, politics. >> please explain why it is that you refuse to let a democrat all this time have a single witness, why you didn't at least call in former attorney general. why you have not talked to the head of the phoenix atf that certainly new everything and seemed to have operated on his own. it's like a child game. it's a crazy idea. >> i think basically the attorney general has come to a point well, where does this end? he's not asked for an end to the investigation, he's just trying to get, okay, am i going to --

>> whether they keep moving the goalpost. >> not keep moving the goalpost, keep moving the stadium. we keep moving the goal post closer and he can't seem to kick a two yard field goal. >> we are getting ready to stain this institution with this particular kind of undertaking. and i, for one -- >> mr. hastings, i may say the stain will be on the attorney general's office for refuse to go deliver documents that he knows he could deliver, that he s. has offered to deliver but only for, if you will, a plea bargain. i believe mr. cummings has not lived up to his promise. i wish he has to the terry family. i believe in spirit he thinks he has but in reality the truth is too painful for him to take on his own attorney general and i think that's one of the problems that goes on in every administration. >> in my 61 years of life, no one, no one has ever questioned

by integrity. you just did. and i resent what you said. >> and tonight a growing list of house democrats saying they will break ranks of the parties. he they say they will vote yes to holding the attorney general in contempt. johnathan strong from roll call joins us. nice to see you, johnathan. >> good evening. >> a head count. any idea how many democrats will vote with the republicans tomorrow? >> congressman adams shifted. he's a democrat and he would seem to know about that. we heard other counts a little lower than that. but the comparison is 2007 when republicans lost three votes. democrats were holding two white house aids in contempt and three republicans switched sides. i think this is a very significant repudiation, depending on how large the number gets. every vote really hurts. >> any republicans defecting and going to vote no in contempt? >> i have not heard of any

republicans. >> so a handful, 20 to 24? >> i'm expecting 20 to 30. >> there's a letter signed june 3, 2011 which 31 house democrats to the president urging the department of justice to hand over the documents. so i guess that was sort of a warning, a foreshadowing that the democrats -- some democrats would be breaking ranks? >> right. one person who signed that letter, jim cooper, said he's going to vote against contempt. he's on the oversight committee and he holds from sway with some of the signers. if means that the whole list of those signatories is not going to all vote for contempt. >> what does it mean, i mean, the republicans hold the house anyway. they have the majority. but what does it mean to have these democrats defect? >> a couple things. this is such a momentous vote and it's become such a partisan slugfest the last couple weeks that to switch sides and go with the other party, it takes a -- i

mean, you really hate to do it if you are one of notes democrats. i mean, you don't want to do it slightly. at the same time, they are thinking about their districts back home. they represent places where president obama is unpopular. and the nra is scoring the vote and that endorsement means a whole lot to them as a signifier that they are one of them where they live and not a washington democrat. >> and representative john dingle, he is going to vote no on contempt and doesn't believe it's a second amendment issue. the nra keeps surfacing in the whole discussion. >> it's also significant because dingle in a past life as chairman of the energy and customers committee was a particularlydel us defender of congress's oversight authority. for him to side with the administration's broad use of executive power here was surprise to go me. >> is there any chance this will not happen? >> no. >> none?

so there's no meet ago the 2:00 this morning coming up or anything? >> there is a chance, if the justice department brought the documents over and handed them to darryl issa, then they would cancel it. but today the entire day there was no communication between the two sides. yesterday they had a meeting where justice reiterated their offer from a week ago and the run cans dismissed that. >> the democrats, what the department of justice and eric holder says, they say nothing is in the documents at all, absolutely nothing, and they won't turn them over so people are suspicious. if there's nothing in them why don't you turn it over and let's sort of protect the privilege because you want to protect it for this administration and future. but you could turn them over and still say i preserve the privilege. >> i would call that a looming question because, you know, while the white house press secretary jay carney has said this is entirely about principle, it's not exactly like there's a tremendous amount of

precedent to withhold these types of documents with executive privilege. from my research of the court decisions and whatnot, they are kind of standing on a little bit of shaky legal ground to with hole she's documents. >> they could also hand them over and also have an agreement this no way waives the right to assert the privilege and yet turn them over and preserve the privilege. they could do that. >> they could do that. >> anytime, what time is the vote expected? >> i'm not sure. >> we will have a busy day tomorrow indeed. johnathan, thank you. >> thanks. >> coming up behind the scenes, whites behind the oversight committee's decision to bring the contempt vote to the floor. a congressman is here next and in two minutes a small town store clerk is taking on her boss and the government. she said she's trying to protect taxpayer money but at what cost in you have to see what she just did and what price she just paid. that's two minutes away. also, get a free flight.

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>> a score clerk takes a stand and loses her job. one day she was suddenly fired. why? she refused to let a welfare recipient to use his state benefits guard to buy cigarettes. the state issued cards are use bid debited cards and according to health and human services, state assistance money can be used to buy cigarettes and alcohol? but she disagrees and let the cigarette customer know it. do you think myself and that lead and that gentleman should pay for your cigarettes? he replied yes but left the store empty-handed. later one of his relatives complained to her boss and the bos sided with the unhappy customer. the next day he fired her. but still she said the taxpayers should be aware of where their tax dollars are going. what do you think? should the governmental allow people to spend their welfare dollars on cigarettes and alcohol? we are back in two. [ male announcer ] aggressive styling.

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>> attorney general eric holder hours away from a contempt vote. let's go to our income news and get the headlines. >> hey, greta, thank you. fire crews struggling to save homes as that massive wildfire is raging near colorado springs. shifting winds are fueling the flames and just last night that entire jumped containment lines, doubling in size. it scorched dozens. homes and forced more than 32,000 people to leave that area. the flames are also threatening the united states air force academy as well. and congressional leaders are reaching a tentative deal on transportation and student loans but if it isn't finalized by saturday, federal funding would stop for transportation projects, leaving some 3 million jobs hanging in the balance. another big provision would keep student loan interest rates from doubling. house and senate leaders must still sign off on the deals but we are told there are last minute hiccups. now back to greta. thanks for watching. this is a fox news aler.

massachusetts senator scott brown calling for the resignation ever attorney general eric holder. he's saying holder cannot effective serve the president anymore and that the attorney general has lost the confidence of the american people. so will attorney general eric holder become the first u.s. attorney general to be held in contempt of congress? by this time tomorrow we will know. tomorrow evening. the full house of representatives vote. he voted once in the oversight committee meetings. he joins us. >> nice to be with you. >> want to respond to the breaking news with the senator scott brown calling for the resignation? do you agree with limb? should eric holder resign? >> i need to see the rest of #* the facts which is why we are asking for what is in the documents. i have to do that before i make that calculation. >> tomorrow, do you have any idea what time the vote is by the way? >> probably afternoon. we will be dealing with what is a momentous day the way it is

with the supreme court decision. >> is there any chance there will be any meetings, the department of justice make any late night deliveries between now and tomorrow? any thought this might be aborted, this vote tomorrow? >> i'm north aware of that. i was hopeful at the time of the last negotiations that there would be more. but we both dealt with prosecutors where there's a lot of times which you will do proffers, you will share information a way in which you are able to allow people to see what might be in those documents and then you negotiate. it's been sort of a one-sided negotiation here. i'm going to tell you what it is that you might be able to have as long as you represent to me before you get it that you won't take any steps further. >> and i get to pick what you see. >> yeah. the department of justice would never day that deal themselves. we've almost been pushed to this point. i'm frankly surprised that the attorney general put the president in the position of now using the executive privilege and something which is arguably, you know, a difficult direct connection to make.

so we find ourselves getting into even a more complex legal issue than what i think is the simple question of allow us to understand when knew what at the high levels of the justice department with what is a pretty straightforward and admitted violation of their own procedures. >> i mean, i realize there's a big difference between facts and suspicions. and sometimes when people don't give you information you develop suspicions and some of reasonable suspicions. sort of going into your own mind, reasonable suspicion, what do you suspect is going on? what is being hidden or what is not being hidden? >> well, once again, and i'm not being avoiding, i like to see, and this is the prosecutor background, you like to see what really comes in. >> and you are a former u.s. attorney? >> yes. and i want to know. to a certain extent why would they carry this out this far? because it would have been very easy to come forward and admit that there were problems associated the way that the, you know, the investigations were

carried out, that they were against department policy, we are fixes it. and the horrible repercussions of the fact that somebody died as a result of it. but it happened and we fixed it. but it seems to me they are digging a deeper hole by the way they have handled this. >> it's sort of carious because they were the ones who submitted the letter that they had to retract as being untruthful. you is documents and sea say we will give you some but not all and you want all. and they say we will cut you a deal but they decide what documents you will see and you say no deal, and then they say you can't see it because of executive privilege. so even if they have a completely pure hand, they have made it look so suspicious. >> my sense is it is not a completely pure hand. >> but hypothetically. >> but we know the facts. and there's already indications there's been discussions generally at the highest levels of the justice department, which by the very requirement that you get approvals for certain of these things, and getting pretty close to the top and we know

thatler, the firstler drafted including editing from the head of the criminal division. >> we will find out tomorrow maybe a little more. >> we will. >> thank you, sir. >> thanks, greta. >> now to california where tensions are running sky high in the city of stockton. this week the city. stockton will file bankruptcy, being the largest u.s. city ever to file for bankruptcy. it will be a blow to stockton residents, especially city employees and retirees. they will lose most city-funded health benefits and at a city council meeting residents expressing their outrage over years of financial mismanagement. >> where has the money gone? what has it been used for over the years? >> i can't afford medical insurance. i have to take my medications. i have to or i will die. i don't understand what is wrong with you people? do you even care? >> stockton is expect odd to file for chapter 9 protection by friday. and straight ahead just when you thought you have heard it all, governor chris christie comes up with another zinger.

what did he say this time? and who got zapped? you will hear for yourself. that's next. teachers get the training...

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>> you've seen our top stories but here's the best of the rest. governor chris christie comes out swinging at a new jersey democrat during a town hall meeting. governor christie unloading on state senator paul sarlo.

what sparked the fight? faction cuts. they said the senator wanted a tax cut, just not now and here's what governor christie has to say. >> he said, you know, it's like dealing with kids. you put the chocolate chip cookies on the table and you tell them you can't have them until they are good. now, i got to tell you something, you got to be one arrogant s. o. b. to be telling the people of new jersey he will decide when you have been good enough to get some of your own money back. paul sarlo will decide when you have been good enough so you can have the chocolate chip cookie of getting some of your tax money back from trenton and into your pocket. >> senator sarlo's response? quote, i'm not going to dignify the name-calling. and tonight governor mitt romney

showing his loyalty to one of his most loyal supporters. for months 70-year-old has been driving his pickup truck to the events. the pickup truck with the romney signs made it all around the country but last week it caught fire on the country. the truck and most of his belongings were destroyed. tonight gov. romney gave him a new set of wheels. the campaign covered the cost of the new truck. and in sweden the search is on for a missing teddy bear. stockholm police are helping a little girl look for her lost animal. they government involved after they saw a missing poster. now they have posted the sound on their official facebook page. if anyone finds the teddy bear, they are asked to leave it at a police station and no questions asked. there you have it. the best of the rest. if you are tired of putting your money into your gas tank, there is good news. find out why gas may soon be free. ♪

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is this a bright side to the weak economy? jay leno says there is. >> there is some kind of good news, analysts say the weak economy is causing less energy use resulting in falling oil prices. so basically the worst economy is, the lower the price of oil. do you know what that means? obama gets reelected, gas could be free. >> greta: that is your last call. lights are blinking and we are closing down shop. before we go we want to wish a stage manager, mary pat jenner a happy birthday. it's stage manager birthday week, make sure you go to greta wire.com and tune into fox tomorrow, fox news channel. . >> juan: the o'reilly factor is on. tonight: >> we are going to fight, and we are going to struggle, and we're going to finish what we started in 2008. >> president obama is fired up on the campaign trail.

but a number of not-so-fired up democrats are skipping the democratic national convention. is the president's popularity slipping within his own party? we'll put that question to congressman chris van hole alan. >> did you ever think you would be choosing two people running for president one of them a swiss bank account. >> continues to slam the class warfare drama. is their message resonating with the american people? we'll debate it. >> would you look at margie? she looks amazing. >> well, she told me that food stamp benefits help her eat right and she stays active, too. >> sounds like the federal government wants more people on food stamps with taxpayer dollars going towards this advertising campaign. what's going on here? caution, you where to enter the no spin zone. the factor begins right now.