is this the burn rate that the president has established and has been doing for months is huge. he aoedz an incredible amount of cash, that is why we see him do all of these fundraisers, that is why we see him making conference calls with donors from air force one, saying guys, you've got to step it up, you've got to max out for me, we need the money. that's why you see them selling their t-shirts and ralph link after dinners with the president. anything to get more money through the door. they are running an expensive operation, principles on the ground, very expensive. if they want to keep it up they have to do everything they can. megyn: according to the daily beast he said to these donors look in 2008 everything was new and exciting in our campaign. now i'm the incumbent, i have gray hair, there is day appointment.

folks wanted change immediate plea. and change is record when you have an obstructionist republican congress. that is the president's view that it is this obstructionist republican congress. there have been many top democratic donors, particularly in the new york area people who campaigned actively for president obama who have now publicly come out and said that they are on team romney, some citing the president's demon myization of wall street, citing him as a bigger government guy than expected. does the president have the ability to blame it on a obstructionist republican congress or is the disappointment in some from his earlier circle too deep for that in. >> look, i think that there is -- there is a both. but the president has been claiming the republicans for a longtime. that's his stump speech in miniature that he gave to these folks. he's been doing it a lot, some of it sticks. that still doesn't get him out of the woods with these donors and voters overall.

the problem is with the president he made a conscience decision not to move to the middle after the terrible defeat that the democrats suffered in the midterm. that alien kwraeuted the clinton-kind of democrats who happen to include a large number of wealthy folks in business and finance. those folks haven't been happy with the way the president has stayed left and not done a centrist play in the second half of his term. they don't like the policies, they are frustrated with him. mitt romney, since the republica republicans picked the moderate, they are happy him. megyn: he's offering tank tops to people who pwapbt t who want to campaign for him in the summer months when it's very hot outside. on top of that he has offered a program, chris, by the way, the sentiment is something like, keep cool while canvassing this summer, your neighbors. he's also offering a wedding registry, and some sort ever promotion saying instead of sending a wedding gift to your

friends, why don't you make a donation to the obama campaign. so the wedding couple gets one of those little notes, like a donation has been made in your honor to the barack obama for president campaign. >> and of course what young couple, what happy young couple wouldn't dream of having that instead of another dish. megyn: they don't ever need cash themselves. >> no, look the deal is, you just get to the point if you're the president, you're so concerned about the superpacs on the right which have shown great coordination and potency. the republican national committee is raking in the dough, romney is rake in the dough. the president is very concerned an has this huge burn rate. you know what you probably haven't seen anything yet. by the time we get to the end the president will have to do anything just to keep this massive cash pump going on otherwise he's going to have to scale back his effort, that is not what an incumbent president wants to be doing in a re-election year. megyn: even though mitt romney beat him in the month of may when it comes to fundraising doesn't the president have a lot more in his coffers than mitt

romney has in his? why would there be such anxiety? >> they look at a road ahead and they have a strategy here that is a base versus base election which is a very expensive kind of election to run where you are trying to squeeze every vote that you can out of the precincts that are going to vote for you in the swing states. it's huge reexpensive and the president started it and built it out in the most ambitious way possible. $20,000 a month before the first ads run, that is a lot of dough. for the president, he does have that cash advantage. when you think about his spend rate now that is really just about a month, that's a month and a half maybe that he'll have if he's spending at this rate. since he's decided to stay up all summer-long and be doing this very aggressive campaign, he's looking at october and saying i hope i have gas in the tank. megyn: if it's christmas and people give me a card that says they made a donation in my

behalf, i like that, i don't like what looks like a report card, you lose it, you feel like you flush money down the toilet. their hearts are in the right place, but, you know, it's won those things where your present is your present in my world. the healthcare ruling last week provided a real boost for governor romney's fundraising efforts. the campaign now reporting that it raised $5.5 million in donations from first-time donors after this decision came down. as of friday it was 4 million, now it's 5.5. in the month of may the governor's fundraising effort raised 57.6 million, that includes rnc, republican national committee fundraising and spent a little over 15.5 million, roughly a third of what the president's team went through. the president's team is saying they also raised a bunch of money in the wake of the healthcare ruling. they claim they raised more than mitt romney although they are

not releasing their numbers. fox news alert new evidence that the economy is spurt erring. new numbers out showing manufacturing in the united states shrinking last month. for the first time in nearly three years. this according to the institute for supply management. the major worry, factories have been one of the few bright spots for jobs since the recession officially ended about three years ago. but in recent months orders for new goods from companies have been slowing down, the markets and the economists are all watching for the june jobs report reu is due ou which is due out this friday. new warnings this hour of more severe weather as nearly 3 million americans on the east coast suffer in extreme heat, with no power. a series of brutal and deadly storms hitting the region snapping trees, knocking down power lines and even destroying cars and home. at least 16 people are dead, two of them children. now a desperate recovery effort is underway, but folks say the high temperatures are making it

unbearable. elizabeth tran is live in one of the areas hardest hit and that is charleston, west virginia. >> reporter: more than 450,000 residents in west virginia still without power the third day in a row, scorching temperatures. people are asking why can't we just get power back on, why can't it be the slip of a switch? i'm standing in the middle of a ravine to show you the challenges the power crews are going through. you can see the power lines over my held. the natural topography isn't naturally flat. they have to deal not only with the weather but power lines in a deep ravine and also wildlife, things like poison ivy. there is a lot of challenges they have to go through before they get this power restored to the people here. number one concern is safety. we do know that. we had our first fatality a young man in west virginia lose his life saturday night into sunday morning. what we're seeing is that the national guard wants everyone to stay safe now so they are deploying about 200 men and

women to do wellness checks throughout the area the fact of the matter is the power may not be up any time soon. i spoke with a public information officer who says there are homes and counties that are so far along in the distribution line that they haven't even been looked at to get the power restored. people right now just need to be aware of their surroundings. we know the red cross and other volunteers are passing out supplies. megyn like i said a very long week ahead for these folks. it is very hot temperatures. megyn. megyn: elizabeth, thank you. a so-called re-election victory now in question. new york democratic congressman charlie rangel's primary win now being challenged in court, plus there are new allegations of potential voter fraud. we'll have the story just ahead. and if you think occupy wall street was a spectacle, just wait until you see how tens of millions of adults who have been told they have to buy health insurance are expected in some instances to act. the impact of the new healthcare act on every day americans.

we'll tell you what we are talking about when dr. keith ablow comes on. new questions a week after the supreme court ruled that the healthcare law can survive but that it is a tax. by the way, they did not invent that out of whole cloth, that is what the government said to the justices that it is a tax. could this redefine federal government power over your life? that is next. >> as a matter of fact this decision i would go so far to say is lawless, absolutely lawless. that's why people are stunned. [ female announcer ] research suggests the health of our cells plays a key role throughout our entire lives. ♪ one a day women's 50+ is a complete multi-vitamin designed for women's health concerns as we age. ♪ it has more of seven antioxidants

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megyn: fox news alert on new video coming in now. protests at the white house gates a little earlier today. the latest fallout in the fast and furious investigation. a couple dozen people showed up to demand that the president and the attorney general be el held accountable for a gun running

sting that put weapons in the hands of very bad criminals in mexico. today the deputy attorney general whose name has been mentioned repeatedly in connection with operation fast and furious got hit with fast and furious questions at a news conference he was asking about a different issue. he was questioned about the documents that the republicans are demanding and that led to the contempt vote against attorney general holder last week. >> these are just documents that occurred well after the fact. they concern internal communications in the justice department about how we would be responding to the congressional questions, and that's all. these are things we offered, frankly, in an accommodation to try and give to congress in return for just having it satisfy the subpoena. we never asked them to stop their investigation. as far as what is going to happen in the litigation, it's up to the house to initiate it. we'll see what they do. megyn: well today we are hearing reports that a potential,

potential smoking gun in the case, sensitive information leaked by a mole was revealed by the house oversight committee chairman darrell issa, information that supposedly proves someone, a top doj, not necessarily mr. holder, but someone, high up in the agency, misled congress. where does that leave us now? we'll have that debate and report for you in just a minute. >> we can repeal obamacare, we dam well better, but how do we fix the constitution now that yet again it's been abused? now that yet again a provision of the constitution has been used, misused to support a government program that is a direct assault on the individual. how do we fix that? new justices, mark. really? you mean like roberts? you mean like seuter.

you mean like john paul stevens? and i could go down the list. megyn: that was conservative radio host mark levin on the impact of last week's healthcare ruling. now despite some conservatives praising the decision for allegedly limiting the government's power to regulate you under the commerce clause of the constitution there are new questions about whether this decision actually expands the feds power over your life under the taxation powers of the constitution. joining me now republican senator mike lee of utah, former law clerk for now supreme court justice samuel a hraoet too. alito. welcome back to the program. there was a split among conservatives, some defending chief justice roberts, saying he did write and opinion that reviewed to expand commerce powers. other folks are saying you're looking at the wrong sections of the opinion. if you look at what the court actually held, it is basically

an expansive power without limit upped the taxation powers of the congress. >> that is exactly right, megyn, and that's why it's concerning to so many people who love liberty in america. people who understand that the government exists to serve the people, and not the other way around. this is yet another example of a supreme court facilitating the unfettered expansion of congress' power. congress was as you remember, megyn supposed to be a legislative body with powers that you few and defined, not numerous and indefinite. the modern supreme court has flipped that on its head and we've got to reign this in and do it for the political process by elect agnew government, a new set of men and women who will recognize restraint on congress' power. megyn: how did it expand congress' power to tax us? chief justice roberts according to his critics redefined taxation in a way we haven't seen before. and in order to find a way to uphold this law.

can that now be used by people like you who are in congress against us? to find other ways to tax us, because the court said, oh you can't regulate people's behavior under the commerce clause, people's inactivity. you can't make somebody sitting on their couch do something under the commerce clause. thanks to chief justice roberts, he said you can tax them for not doing it. >> that's now what we face and that's why it puts this question back into the hands of the people when they go to the polls this november. the people have to decide what kind of government they want. we've seen what kind of government we don't want, the people need to go to the polls and say, this is the kind of government we want. we want a government that doesn't compel individual behavior bypassing a penalty and then allowing a court later to affirm it, only as a tax. i was hoping that the supreme court would do its job of restricting federal power. it didn't do its job. now we've got to rely on the

political process in order to fix this process. megyn: jan crawford greenberg who is an excellent reporter who works for cbs news reports based on two sources close to the high court that the conservatives had roberts, he was on their side. there were five justices poised to strike down this law, this mandate, and four out of the five, not including roberts, were prepared to throw out the law entirely. then she says as time went on roberts flipped, and he went over with the liberal wing not on the commerce clause but to uphold the law as a tax, struggling mightily to find some way to uphold it, the suggestion by some is that that was in response to the enormous public pressure that was put on the high court not to strike down the president's signature legislative achievement. she points out in the piece that chief justice roberts is known for paying attention to the media unlike some of the other justices. is it possible in your view, senator, that president obama's public criticism of the court before they had their ruling

that the criticism by many on the left who supported this healthcare law may have actually got even to the chief justice? >> you know, i try not to get into anyone else's head and speak for them for what they intended. i can't know what chief justice roberts did or why he did it. but what i do know is that this opinion is written in a way that supports what jan crawford suggested. jan crawford is usually right, i think she was here based on the way it was written. the descent had several hallmark indicators suggesting that it was originally going to be a majority opinion. the fact that it wasn't signed by any one single justice, very unusual. the fact that it referred to the ginsberg descent as a descent rather than a concurring opinion which it in fact it was. all these things with the overall tenor with which it was written strongly suggest toss me that jan crawford was right and this was supposed to be a majority minimum and they lost the fifth vote. megyn: as a former alito group

do you think there was shock among the other conservative justices that they lost the chief justice on a case like this in. >> i strongly suspect that there was shock, just like there was shock among conservatives and americans generally. john roberts was a man who had a long track record of being an advocate of federal list eupl, then he issued this opinion that shocked us all. this was not a decision that is friendly to federal list eupl, this is not friendly to the rule of law and i think it was wrong. megyn: we'll talk about this crawford greenberg report in the next hour. senator thank you. a week ago charlie range rangel had won, but now some are saying not so fast. [ male announcer ] don't miss red lobster's four course seafood feast,

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megyn: disturbing new allegations in the re-election

of charlie rangel. after 42 years in congress his primary fight to keep his harlem seat is not yet over. days after he declared a primary win we are learning that more than 2,000 absentee ballots have yet to be counted, and his rival wants federal officials to take a closer look at this race. eric shawn live in our new york city newsroom with more. >> reporter: and there are voter fraud accusations now in charlie rangel's re-election race. the get ran congressman declared victory in the primary for for his 22nd term. there are charges from supporters of hispanic his opponent that many latino votes were suppressed, even not counted and they claim tampered with after folks voted. they are demanding that federal investigation. rangel appeared to win despite redistricting and the shadow of that censure in the house two years ago. he was ahead, but his supporters

told us voters who speak spanish were told they had to fill out affidavit paper ballots and not vote on the machines whether they showed up the way they claim to depress the total from the opposition. they told voters they were not on the list and did not have the legally mandated interpreters. they are saying it must be transparent. >> we have got even hundreds of complaints of voter suppression, of voters being turned away from the polls arbitrarily by nonspanish speaking inspectors in many cases at poll sites that had translators traditionally there. >> reporter: right now rangel's lead has been narrowed to just 802 votes. there are still more than 2,000 absentee and affidavit ballots yet to be counted. the group that supports the opposition says there was an attempt they say to throw the

election. they have reports of possible vote tampering and even zero results from some of the precincts. the opponent's campaign will be in court within the hour to try to get the ballots secured. they want a monitor to supervise any recount. if you suspect voter problems if you live or voter fraud here is our a dress, voter fraud at foxnews.com. and megyn we read every single report we get. megyn: nicely done. thank you, sir. breaking news on the big wildfires out in colorado. in three minutes see why the department of justice is getting involved in looking into these. and new questions about what eric holder knew and when he knew it in the fast and furious investigation. a shocking move by the chairman of the house oversight committee, darrell issa as he puts into evidence on the congressional record something that he is now coming under fire for. we'll tell you what it is, and why it's so controversial.

>> have you and your attorneys produced internally the materials responsive to the subpoenas? >> we believe that we have responded to the subpoena -- >> no, mr. attorney general you're not a good witness. a good witness answers the question asked.

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megyn: fox news alert on the big wildfires in colorado. the department of justice moments ago said that it is

investigating whether these destructive fires were started by arson, and said investigation was at the quote, top of their to do list. 350 workers working through the sweltering hot weekend to beat down the flames. ee evacuees are returning home to see what is left of their burned out communities. imagine this. that's your home, your neighborhood where your kids ride their bikes and it's just gone. nearly 350 homes have been damaged or destroyed near colorado springs. >> there was a young firefighter there who also had tears in his eyes who had been on the fire line that tuesday night. they had to retreat at one point, it was so horrific up there. he said, sir, we did the very best we could. >> i've never been as proud to live anywhere as here. fire officials, the police officials, our administration, they have just been absolute rock stars, superheros, every

step of the way. they've been proactive, they've made tough decisions. our city should not be here. we are blessed beyond belief. megyn: this is just one of many wildfires burning across utah, montana, wyoming and idaho. the cause remains under investigation. we are getting a new report today that during last week's contempt of congress vote against attorney general eric holder the chairman of the house oversight committee darrell issa revealed sensitive information leaked to him reportedly by a mole believed to be within the department of justice, reportedly six sealed wiretaps, meaning under seal, we are not supposed to be seeing them, wiretap applications, that suggest doj officials may have flat out lied to congress. they were published into the congressional record by mr. issa, and that means he's

protected, he can't be -- they can't go after him for violating any order placing these documents under seal. when you put it in the congressional record you get protection as a congressman. in a letter that mr. issa sent to his panel's democratic ranking member, elijah cummings which was put into the record on thursday, he wrote, quote, the enclosed wiretap affidavit contains clear information that agents were willfully allowing known straw buyers to acquire firearms for drug cartels and failing to interdict them. in some cases even allowing them to walk into mexico. joining me now to try to explain this is brad blakeman the former deputy assistant to president george w. bush and a senior adviser to four presidential campaigns and dick ha harpootlian, chairman of the democratic party. what did issa put in the congressional record. just so our viewers know the doj says it was an atf operation.

the question is did the atf allow guns to walk, how high up in the doj did it go if at all. you can't get wiretaps without their approval. he says he's got the goods from some doj mole that disproffers a claim. >> i call him a when iser blower. this guy is a hero within the department who says that there inconsistencies in what the attorney general has testified to and i have proof. he brings to darrell issa the proof, the affidavits, which were the basis for the warrants, which clearly show that the purpose of their operation was to walk guns into mexico, guns without tracking devices. the timeline by which the guns and the operation with us to take place. and it's praofr positive. it's not as if the congressman took the leak and made it a leak and gave it to "the new york times" and "the washington post." he disclosed this in the congressional record for all to

see. the administration that claims to be transparent and open is quite clandestine. that's what the affidavits prove. there is an inconsistency, inch economy or willful lying to congress and darrell issa is going to get to the bottom of it and the affidavits are a clear expression that something is not right between the testimony and the material evidence. megyn: dick, on november 8th eric holder told the senate judiciary committee, i don't have any information that indicates the wiretap applications, keep in mind, viewers, the wiretap application vs. to come from doj. you get the lawyers to get a wiretap, no information to indicate the wiretap applications had anything in them that talked about the tactics that have made this operation such a bone of contention. all right, so holder is saying, when atf came to us, doj, and asked for us to get them a wiretap they did not disclose the controversial aspects of this operation. now issa seems to be saying, well my doj mole just gave me the documents supporting those

wiretaps that were given to doj and they do in fact spell out exactly what was happening in this operation. >> and the question is? megyn: well does that undermine eric holder's testimony, not necessarily about what the attorney general himself knew, but his top deputies, and there by justify as issa would contend his ongoing investigation into this. >> i think ice ac ice ace looking for anything to justify an ongoing investigation. this is political theater. it's not about getting to the truth of everything. there is a mole who is a hero, a whistle-blower, who authenticated the document that issa has printed, number one, number two those things are under seal to protect people and identities so that nobody gets retaliated against by the drug cartels. this doesn't make him a hero it makes him somebody who has put very sensitive material, if it's true, out on the street. i would say to mr. issa, if he's

got evidence that somebody lied to a congressional committee, that is not contempt, that is perjury, and he needs to go forward asking for a special prosecutor to do something about it. i find it very hard to believe that this matter continues to go on. by the way, what are we talking about, we are talking about legal handguns, and legal weapons being allowed to go to mexico. i mean, we just had a gun showdown here at the fairgrounds here in south carolina, you can buy all the guns you want and take them to mexico, what is the big deal here? megyn: it's no big deal to let 2,000 weapons go to mexican drug cartels that wind up killing 200 mexicans and an american border control agent, brad? >> let me tell you the hypocrisy of my democratic friend. if this was a republican president and the documents were leaked to the "washington post" and the new york times it would be fine because you're heading light on a government that is restrict being the truth to come out. darrell issa a put it in the

public record to show the american people and the press that where there is smoke there is fire and the government now is in a coordinated effort to prevent the truth from coming out. he's shown more than smoke in these affidavits. as you correctly pointed out, megyn there is factual contentions upon which the affidavits then turned into warrants and it shows the intent and the purpose behind fast and furious is exactly that which the attorney general claims it was not. and it also gives a timeline by which these warrants were granted, it wasn't after the fact, it was during the operation. there are a lot of questions here, and the fact is issa did it the correct way by releasing it not to an organization, a media organization, but in the public record. megyn: i just want to say that there are some reports that issa got all this information from a doj mole but our information is actually that he got these from one of the lawyers representing the targets of the house investigation. so who may have inadvertently handed over. there may or may not be a mole as reported by some other

organizations. i made fun of you dick only because both sides, i mean eric holder and chairman issa think that this is a big deal. it's not a partisan issue. you're the only one who doesn't think it's a big deal. the attorney general thinks it's a very big deal. but the question is -- the question is whether the public can have faith right now in the process happening within doj. even if you don't think eric holder has anything to do with this he seems to be suggesting that none of the top officials at doj did. and if these applications for the wiretaps are as detailed as issa claims, talking about letting guns walk and so on then obviously somebody within doj did know. why can't we just have those people's names and be done with it? >> i think there is a couple of reasons. the first is the folks in doj, if there are people down there that knew about it, obviously holder has testified he didn't, and i believe him. number two this is a tempest in a tea pot about again a program that's already been pointed out that began under the bush administration, brad, and it

was -- >> it was not begun under the bush administration. >> it did, letting guns walk was done during the bush administration. >> no. >> according to what attorney general holder testified to. >> you can't rely on him. he's already been caught three or four times in inconsistencies. i'll be charitable and not call it a lie. what the bush administration did and what this administration did is mixing apples with oranges. they didn't walk guns across the border to mexico they made over 1400 arrests by the way, nobody was killed under this operation. the fact is the operation conducted by the obama administration was totally different in mission, scope and directive by the federal government. megyn: my last question for you, they have an internal inspector general within the doj who is trying to look into this. that is a person who has access to everybody. he gets to talk to everybody within doj and that person is supposed to give a report eventually that tells us what happened, who was responsible. why not speed up that inspector general report and make it

public at least to try to at least say, look we did an internal process, a review and here are the conclusions of that? >> why -- speed it up to maybe before november 6th? i mean the only fast and furious -- thing fast and furious here is politics and that's what issa is up to, and that's what this whole process is about i'm afraid to say jo thank you guys. thank you for your perspectives. appreciate it as always. looking deeper into the healthcare law days after the supreme court voted to uphold it. we are going to take a look at these new reports that chief justice roberts flipped on his ruling that he was originally with the conservatives, then he went over to the liberal side and now that has some, as we played it earlier like mark levin asking whether george w. bush managed to nominate someone who is much more liberal than the conservative supporters believed.

megyn: in the wake of last week's healthcare decision america's psychiatrist dr. keith ablow is calling the president's law a virus that could actually wind up making people sick, at least in their mindset. dr. ablow joins me now. in addition to being a psychiatrist he's a member of our fox news medical a team. rel come back to the praopl. i thought your column was interesting. you talked about how there are obviously going to be economic costs to this law but you believe they pale in comparison to the cost to the american mindset. how so? >> absolutely. megyn, money is a metaphor. when you start acting, when the government begins to act as parent to its citizens as children, and says, we are going to earmark your after-tax dollars. i know this has been called a tax, but it's earmarking the money you take home, that you must spend it on certain things,

that means literally that you don't know whether any of your money is really yours. today it could be healthcare, tomorrow it could be a hybrid vehicle that you are penalized financially for not buying. it takes control of your behavior in the way that a parent would of a child, and it diminishes us in terms of our ahh ton me and ability to achieve things even for liberty on the world stage, quite literally. >> you say it's making americans believe that they are weak. how? >> it absolutely does, because listen, even adolescents or younger kids, they dream of the day when they are in charge of their own money. why? because we know that money has that significance, it means independence, it means you're in charge of your destiny. kids dream of this. to treat the american public as

though they are pre-adolescent sling slots them back to say my decision-making capacity isn't so good. if i don't do what they tell me i'm going to be fined for it and it seems we voted this in. what it does is deposits us back as children, when economically more than ever we need to be adults. megyn: you talk in your piece on foxnews.com about how the law in your view will also lead to anger to the extent it does not fulfill the expectations of those who will benefit from it. >> no one is angry? you think that occupy wall street looked like a spectacle? imagine tense of million tens of millions of adult children of barack obama deprived of their direction, of their monies, right? 99 weeks of unemployment, lots of food stamps, lots of bailouts. x tell you how twe tell you

how to spend your money so the piggy bank is really ours but you can keep it because you're a kid. when the piggy bank is not there these are people who will take to the street with rocks, trust me. megyn: you're analogizing this to an entitlement society like in greece. that's what we saw. americans are different, right? we like to believe we are different, we are not greece we are being a humane society in helping those who are trying hard but can't attain health insurance which has -- the costs of which has go got out of control in this country. >> you're at the crux of the matter, we have been different, that's why we are the hope of liberty and the hope of the free world, why? because we are invested in the notion that people are autonomous, we are independent dent, we know right from wrong, we act for right. barack obama does not believe we should be substantially different from countries in european is not trusting of this individual impulse which he

believes must be tempered by a central authority, which leads to nowhere other than mediocrity and to the rise of despots. megyn: thank you, sir. there are new questions about court security after a defendant may have poisoned himself right in front of a judge after his sentence. new developments on this story. trace gallagher is next. [ male announcer ] this is rudy. his morning starts with arthritis pain. and two pills. afternoon's overhaul starts with more pain. more pills. triple checking hydraulics. the evening brgs more pain. so, back to more pills. almost done, when... hang on. stan's doctor recommended aleve. it can keep pain away all day with fewer pills than tylenol. this is rudy. who switched to aleve. and two pills for a day free of pain. ♪ [ female announcer ] and try aleve for relief from tough headaches.

megyn: new details today in a horrific ending to a trial in a phoenix courtroom. we told you last week about michael marin who was charged with arson. when the jury for woman read the verdict of guilty he put his

head in his hands and appeared to put something in his mouth. minutes later he was dead. watch this. >> we the jury duly impaneled in the above entitled action upon our oath do find the defendant, michael james marin guilty of arson of an occupied structure. megyn: with the news sinking in marin seems to tkats himself, then this simple gesture watch it here of putting his hand to his mouth, look at that, seeming to suggest he put something in his mouth and looming tragedy was upon us. the theory is that he popped a poison pill, trace gallagher picks it up from there, trace. >> reporter: it's important to point out that michael marin was out on bond before the verdict was read. as he goes into the court he was checked of course for weapons, but it's very easy to sneak in like candy or pills or gum, so sneaking in a poison pill would not be a problem at all. you're watching this again, as you said he was gathered and it looks very much like he takes

his left hand and puts something in his mouth right there. now, the court clerk continues talking. he sits back, his attorneys are strategizing. this goes on, megyn for the next seven minutes he sits there. and during that time he actually reaches down and grabs a sport drink and drinks that for a short term. it was seven minutes later that he finally turned around, asked for a kleenex, began snorting and he fell to the ground convulsing. we will not show you that, that was very disturbing. this goes on for a longtime. he was taken out-of-court and pronounced dead. we went back and did research. it would take between a few seconds and several minutes for a cyanide pill to work and the same with even arsenic or strychnine pills. they are analyzing the ports bottle he drank from. they have concluded his autopsy, the toxicology results could take quite some time. remember he was actually convicted of setting his home on fire. he came out of the home wearing

scuba gear because he said he did not want to enhale the smoke. if he had pled this he would only be facing a few years in jail, but the plea talks fell apart, therefore he was facing ten to 21 years in prison, and the speculation is that that was simply too long after he lost all his money, and this was the last straw. again, taxol gee reports not back for at least a couple of weeks, megyn. megyn: so disturbing. trace, thank you. coming up mounting evidence that supreme court chief justice john roberts, chief justice of the united states may have switched his healthcare vote at the last minute. if the reports are true did he give into political pressure? what does that mean? our panel weighs in. okay, team! after age 40, we can start losing muscle --

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megyn: the debate from the healthcare overhaul heads to the campaign trail. some of them are finding touting

one of their landmark achievements could be fraught with political peril. democrats facing an onslaught of republican criticism since the law was upheld about it supreme court. now they are lashing out at what they call questionable motives from those critics. they say they are on offense as they expose the republicans. guy, welcome back. the question is whether this does become a political issue. but what is the dangers to both

sides. the democrats seem to have found a new message that if you are opposed to obama-care you are standing up for the insurance companies. that's how they put it. that now republicans are standing up for insurance companies, not to mention congressional perks. >> if you will allow me to dissent from what you just stead, i think this is not a new message. this is the message the democrats advanced during the entire obama-care debate. they said we are holding insurance companies accountable. these are not new arguments. and the fact of the matter is if you look at all the polling they lost this argument and to go back to that same well seems like the definition of political insanity to me. megyn: people want to see the law repealed in the wake of thursday's ruling. rasmussen showed 52% of the

likely voters want to see this thing repealed. 39% oppose repeal. and so you still have public sentiment as it has been from the beginning against the law. the only real way this thing gets repealed is if the republicans win back the white house and the senate. what are the odds right now of them doing either of those things? >> they have to do both of those things. that's why i think you have seen the temperatures start to climb up not just literally on the east coast. but politically across the country. this election was already going to be a blockbuster in 2012. now we have the stakes raised to sky high levels because the republicans really do need to win both the white house and win back the senate to have a shot at repealing obama-care. there is an important piece of this, i know you have been talking a lot about the supreme court element of all this. the fact that the majority in

the court found? chief justice roberts opinion is a tax, that isn't just significant politically. having the tax in there is even less popular. the fact that it is officially a tax according to the court, that makes reconciliation absolutely indisputable in the senate. that means you don't need 60 votes. you don't need a super majority to repeal the law. you simply need a simple majority. 51 votes in the senate because that applies -- it take the filibuster off the table it applies only to narrow budget issue pps. fact that this is a tax that affects the country's bottom line, you can bring that reconciliation to undo what the democrats in the senate used to pass this in 2010. megyn: right now the senate is

controlled by the democrats 5 53-47. 33 of the 100 seats are being contested in november's election. 33 of the seats are up for grabs. 10 republicans, 23 democrats and two independent. larry a what toe, the politics -- larry sabato, the politics guy, says the senate sea peers likely to be narrowly divided with democrats holding on by a seat or more likely republicans gaining technical control by a seat or two. is the senate more in play in the wake of thursday's ruling? >> it was already going to be in play. there is no question about that. this became harder for republicans with olympia snow retiring up in maine. but overall, the numbers speak for themselves. this is going to be a major

defensive play for democrats to try to hang on to this majority. and i think if you have seen some of these swing state democrats, claire mccaskill was running away from the news media in missouri thursday. she did not want to talk about obama-care. if the republicans are smart, they will be asking them what do you think of the obama-care mandate tax? what do you think of the supreme court's decision? democrats say there is as reason they don't want to talk about it. they know the polling is against them. there was a story in "the hill" that showed vulnerable republicans are eager to force more repeal votes about obama-care before the election. and i think that gives you a clear message about where the politics of all this stands. meg from they manage to get out there for a vote by attaching it

to another bill there is a question whether some of those senators will vote in favor of what's been declared a tax. all right. thank you so much as always. >> thanks, megyn. megyn: while the tax message remains a conception of debate. there are questions about how this ruling came to pass. we never get a look at how justices come to their decision. but a supreme court reporter did a great job of getting two sources that tell us how this went down. and her report suggests the deciding vote here, chief justice john roberts was on the side of the conservatives initially and just within the last month or so switched over to side with the liberals. why did he do? a reporting suggests it may have been a political decision. we'll have an extremely fair and balanced debate at 2:30 on this

issue and we'll take a close look at her evidence behind this theory. dangerous heat causing major problems large parts of the country after severe storms * are blamed for 22 deaths. these were not your average thunderstorms. they were very rare storms called derechos. the straight-shine wind storms sweep over large areas at high speeds. they can come without any warning and can have the impact of a hurricane. they affect a larger area than most tornadoes. in the u.s. we only see about six of these a year. >> reporter: a tough 72 hours

in the washington, d.c. area. this car was smashed by debris coming off the rooftop of an apartment building some 179 fully occupied apartments have been evacuated. part of roof was ripped off so smashed cars in the parking lot. we have seen destruction like that throughout the greater washington, d.c. area. lights are out, utility crews from texas and florida are being brought in to get power back up and running. the heat is difficult. 95 degrees or so. people don't have power or water. things like clean water and ice have become hot commodities. in west virginia we heard reports there might be price gouging going on. but a very difficult time. from living in the washington, d.c. area, occasional snowstorm may shut down d.c. for a couple days, but hot weather storm of

this nature crippling power across maryland, d.c. and virginia. a shocking storm, and it's going to take quite a while for people to get back to normal. a lot of these folks have been brought to a nearby shelter. megyn: 232 amtrak passengers glad to be done with their train trip through the storm. the train was first lady new york to chicago when it was forced in a stop in west extrafriday. storms knocked down trees in front and in back of the train. passengers describing conditions on board where they were stuck for an entire day. >> being stuck for 24 hours with nothing to do and total darkness. there was power out everywhere. no power, no cell phones, no radios. nothing. it was like isolation. total isolation.

megyn: busses finally reached the rain saturday night and took the passengers to their destinations. a major milestone in the fight to halt iran's nuclear weapons program. a round of supposedly tough new sanctions takes effect today. ambassador john bolton is here with his perspective right after the break. did the supreme court -- did the united states chief justice broke ear back room deal before ruling on obama-care? we are getting rare, rare look into how the court came to its decision and we'll give that look to you in just a bit. and a big screen breakup splitle tinseltown in two. we'll look at the risky legal business splitting tom cruise and katie holmes. are you receiving a payout from a legal settlement

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megyn: the awful violence in syria may have reached a new low this weekend. a funeral was underway when a birmingham went off. the cameras recorded this. activists say as many as 40 people may have been killed in this latest devastating attack in the suburb of damascus. a human rights group claimed government troops debt tbhaitd they believe is a car bomb. they say 800 people have been killed in the last week alone. the numbers are hovering around 10,000 people dead in the wake of this violence.

for weeks we have been hearing about tough new sanctions expected against iran if that country does not stand down on what the world believes is its nuclear weapons program. yesterday those sanctions went into effect. the center piece is a ban on buying iranian oil. john bolton is a form u.s. ambassador to the united states and ambassador hillary clinton says the pressure track is our primarily focus and we believe the economic sanctions are bringing iran to the table. are these real? >> i think that shows how much trouble we are in. i don't have any doubt sanctions are causing iran some economic pain. but they have seen these sanctions coming for a long time. i don't mean over the last six months. for years they have been preparing against the contingency of economic sanctions and they are prepared to deal with some economic pain

and even more important they are prepared to find ways to get around the sanctions which they are actively doing. the issues not can you cause iran economic pain. the issue is can you make them stop their nuclear weapons program. secretary of state hillary clinton's remark says the sanctions will bring them to the table, she doesn't say they will stop the nuclear weapons program. that's a huge difference. megyn: to the untrained observer, they sounds like harsher measures than we have seen in the past. the stats show they were producing 3.3 million barrels a day in may, and the sanctions will take away 1 million barrels. does it change iran's behavior in your estimation? >> the first thing you have to do is believe the statistics.

i believe iran has known for quite some time that this risk of sanctions would require to it make measures that would allow it to evade international scrutiny and sell its uranium on the international market. i think that has been actively underway for some time and i think there is a lot of laxity in the enforcement of these sanctions. they don't take effect automatically. if that's not happening the e perth will continue. remember -- the exports will continue. remember international petroleum prices were substantially lower than they are now. so iran has had a buildup of its hard currency reserves. it has been prepared for these statistics and its perception is they can wait the united states and europe out. that indeed it's the economies of the united states and europe that may be more in jeopardy at the moment than the economy of

iran. megyn: secretary clinton believes these sanctions are bringing iran to the table. there are remarks resuming in istanbul. should we be putting any hopes in those? >> i wouldn't lose any sleep over these talks. the third round of talks concluded in moscow last month. they were so close to breaking down that the best they could agree on was to have low-level people meet in istanbul. i don't think anything will come out of this meeting except scheduling another meeting. i want to come back to second terry clinton's remark. the issue that she believes the sanctions will achieve is to get iran to the table. once they are there, what are they going to agree on. our position is no nuclear weapons for iran. what exactly is the compromise position that negotiations are going to lead to.

megyn: i wanted to get your take on the latest. one never knows whether to believe these nut cases. is this rhetoric or is it real. they threatened to wipe israel off the face of the earth in the jewish state attacks iran. there are many reports that israel is considering doing. if the united states and others are not successful in curl calling this nuclear program or stopping it all together israel will bomb iran and iran comes out and said you do that, you do a targeted strike of our nuclear facilities and we'll wipe you off the face of the earth. >> i think it's bluster and saber rattling. most observers agree iran does not have nuclear weapons. imagine once it gets a nuclear weapons capability what it might be prepared to do. i think it draws the failure of our policy into stark relief here. every day that goes by, they are getting closer to nuclear

weapons. when you go to bed at night the centrifuges will be spinning. when you wake up tomorrow morning those centrifuges will still be spinning day after day after day. we are in a race. do you think these economic sanctions, secretary clinton, will stop iran's nuclear capabilities from reaching weaponnization? i think the race to get the weapon will be won before the sanctions. megyn: you have the number two guy in iran saying israelis are responsible for the drug trait throughout the world. these are the people we are trying to have negotiations with. >> i disagree with those who say the iranian regime is rational in our terms. it may be rational in its terms, but they don't think the same x we do, their interests are not the same as ours.

this is a fundamental disagreement over whether iran is going to have a nuclear capability or it's not. every day goes by that we sit on those sanctions is another day the centrifuges keep spinning. just look at it that way. megyn: new questions about chief justice john roberts. was the cleave justice pressures to into changing his initial decision to strike down the law? >> a graduate student with a passion for primates lucky to be alive after he walking dragged into their pen. the disturbing story next.

megyn: two chimps pulled a university student under a fence and dragging him off in a friends yesterday attack. he suffered huge doubts his head and face. the mauling leaving parts of his skull exposed. trace gallagher explains how it happened live in l.a. report are was studying chimpanzees at jane goodall institute. there were two fences that separated the tourists from the chimpanzees. for some reason without authorization he went behind one of the fences. he was standing on a rock which experts believe the chimpanzees saw as their own and they dragged him under the against. that space that his body made

aloud them to pull him under the fence. armed guards showed up and fired shots but the chimps did not even flinch. >> the chimpanzee jumped on the bottom of my vehicle and started beating on my windshield. i was forced to fire a round at the chimpanzee, wounding the chimpanzee. i needed to get to andy. there was no other alternative option. >> reporter: you heard him say he wound a chimpanzee. it was only then that the other chimp gave up. by the time they got to him he had lost a number of toes as well as fingers.

but his friends are con vintsd he will go back to studying chimps. he's not done. he will go back and do it again and finish what he started. that's the type of person he was. >> reporter: he was a grad student. fellow students in texas started a web site to pay for his medical bills as well as his rehabilitation. they say he loves working with animals. they have no doubt once he recovers he will return to do just that. the chimpanzees are back in their pen and are not being put down. the jane goodall institute said they were just protecting their territory. megyn: new concerns that the supreme court's decision on healthcare may have been motivated in part by political concerns. reports that the chief justice john roberts changed his vote at

the last minute to go with the more liberal wing. a silver screen split of epic proportions. why tom cruise could be facing a real life mission impossible as he heads to divorce court with katie holmes. to a little girl who saw flames reach her home as her family pulled out of the driveway, this isn't just a teddy bear. it's a step towards normal. it's why allstate catastrophe teams didn't just arrive at these fires with cold water and checks to help the grown-ups start the rebuilding... they also brought thousands of these teddy bears for kids. people come first. everything else is second. [ female announcer ] allstate customers affected by the recent wildfires call 1-800-547-8676. visit a mobile claims office, your agent or allstate.com

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megyn: new fatality reported from the violent storms this weekend. the numbers have jumped to 23 people up from 19. all of the new death toll comes from virginia. one of the hardest hit states. the storms took down trees and power lines with millions without power at last check. a new report gives us rare insight into how the supreme court made its decision on healthcare it's raising new concerns. according to long-time supreme court reporter jan crawford, chief justice john roberts originally side with the conservative justices and was prepared to strike down the individual mandate. the on debate was whether the entire law would go as well. then at the last minute he reportedly changed his mind despite log lobbying by the

conservative wing to hold on to his judgment. there is speculation he bowed to political pressure and has people questioning his legacy and the ability of the conservatives on the court stand true to their conservative leanings. joining me now, julian epstein and mark theisen. mark i don't me be a politician while you are on the high court. but conservative judicious philosophy. you worked for president bush. he gave us chief justice roberts. he is a figure much beloved, at least before thursday. why must we explore this fitness as a chief justice in the wake of a ruling that some on the right dislake? >> almost no one left or right is praising the judicial

reasoning behind this. nobody is praising the reasoning that got him to declare it constitutional. his newfound supporters praise him for by pat southernship and compromise. but that's not his job. the obama administration still rejects the idea it's a tax. on the right you will be hard pressed to find a conservative scholar who agree with him on the tax issue. he had to do something he promised during this confirmation hearings he would never do, which is legislate from the bench. he rewrote the statute to make the individual mandate a tax. either he gave in to political pressure or legislated from the bench.

megyn: jan crawford said he initially vote with the conservatives. but then when they were having the debate about throwing out the entire law he got quote wobbly." it's not clear if he was watching the media coverage but he is known to pay attention to the media unlike the other justices. it's not known why he changed his view ultimately but one of the other conservatives tried to get him to explain it but was unsatisfied with his response. if he changed his vote on a perception, a need to protect the court's legacy as non-partisan, is that a legitimate motivation? >> i would say not. i disagree with the premise of the question. i think you have to consider the source. by every reading this report was used sources that were clearly sour grapes.

consider what happened last week. they were clearly sources from the conservative side of the court. consider what happened. a conservative supreme court slam dunk declared unconstitutional the arizona state law and immigration. smacked down the conservative point of view when it came to immigration. then a conservative supreme court upheld the healthcare law as constitutional. then the leader of the' republican party says it wasn't a tax, it was a penalty. it was an effort about it republicans to put a spin on what happened. i disagree with mark. i think the decision has been widely parades on the left. in terms of on the right, the chief justice laid out clear reasoning for how this tax penalty is found not just on healthcare, but endlessly throughout the code with the credits for having a child, for

homeownership. the minority never responded to that. megyn: no one was taking seriously the tax argument. it was barely mentioned. it hadn't been the basis of the lower court opinion. you have a piece out today arguing or suggesting that those on the right have failed in the past to nominate justice hospital stick to the more conservative judicial philosophy. justice>> he may not be a souter anthony kennedy, that's not what we should be shooting for. we should be looking for a

thomas or kennedy. the democrats appointed four supreme court justices. not one has ever crossed the line in a major case to vote with the conservatives. if you look at the republican nominees more than half of them have either become liberal or voted with the left on a number of cases. megyn: why? >> you know this as a lawyer. the entire judicial culture and political culture pushes the court to the left. if you are a liberal justice there is no pressure from the georgetown cocktail circuit or the "new york times" to vote with the conservatives. whereas if you are a conservative and you are parades if you vote left. if you are a conservative and you vote to overturn roe versus wade or restrict the rights of abortion you birmingham a

pariah. if you vote like john roberts you are a statesman and a hero. it seem that pressure works. megyn: i want to ask the question. as somebody who covered the high court for a few years and practiced law. i get comfortable when people start going after the justices after their decision left or right. i think they have a tough job. they are all very, very smart. i think they have a commitment to follow what they believe is the ideology. left or right do we go down dangerous ground when we start going after these individuals? >> i think you are right, megyn. that's the problem with mark's argument. many people would be surprised to heart court is moving to the left given the citizen's united decision. it's a sad commentary. when somebody like the chief

justice, a conservative, a true dyed in the wool conservative puts forth an opinion based on precedence on tax penalties. the dissenting opinion didn't respond to that. but saying the only explanation can be political with it many well rooted in 80 years of jurisprudence. as the chief justice says, it doesn't seem to be a close call. as for this effort about it dissenters in the court to put this story out to try to embarrass roberts. this is a terrible thing to do in terms of trying to cobble together a majority opinion in future years. megyn: does this make the chief justice any more likely to side with the right? >> this is amateur hour. megyn: i want to ask you

quickly. as somebody who doesn't like it, mark, did the chief justice get it right, the real solution, how much of the anger is direct at the court because they didn't throw out a law that the majority of americans don't like. is that something the americans can blame on the court? or is that something they need to take up with legislators? >> that's the point. i don't know whether the chief justice gave into pressure or he was convinced by the rightness of his decision. i know not one single lawyer accepted the tax argument. the obama admin straims claims it was not a tax, yet that was the justification. problem is he rewrought statute. he did something -- he rewrote the statute. he did what conservatives say, legislated from the bench. >> i don't know how people can

keep showing the law is not popular. gallup shows it's tied. rasmussen came out today at 52%. we have to talk about tom-kat coming up in the next break. fireworks displays may be on hold in cities across the united states. why? what? we'll talk about it. tom cruise and katie holmes in the court. she is fighting for sole legal custody. some say scientology is a big part of that demand. a party? [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high.

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megyn: "kelly's court" is back

in session. on the docket the katie holmes tom cruise split. they do smile but no big public displays of affection. now it's all about their daughter suri. holmes filed for divorce seeking sole legal custody. she raised implications she may be worried about the influence scientology could play in her little girl and she could be looking to cut down on the cruise control over herself. tmz is reporting the scientology thing was a big deal it says she was convinced tom cruise was going to send 6-year-old suri away to a hard-core organization known as a sea organization. where you ship your kid off as 6 and they live there.

and tom cruise wanted her to go. >> if she can prove that it's in the best interest of the child to be with the mother, not the father because of this scientology because it's dangerous thing. if she can prove that to the court and say this girl will be shipped off where we won't have access to her. it's a dangerous thing for her. i the mother need to have custody. if she can prove that she'll win. megyn: scientology has been described by many including my boss' boss as a weird cult. many people believe that. there is also a report they worship a clam. there is a lot of questions about this group. but katie holmes signed on to this, did she not? >> it appears she did. it doesn't matter whether it's a cult or not. the issue is going to be how it affects his interaction with his child. there is an emphasis in

california courts to allow for joint custody. megyn: she filed in new york. >> in most courts there is a presumption that unless you can show domestic violence, child abuse, something specific there will be joint custody. megyn: she can say scientology is as weird as she wants. if tom cruise is the leader, you have got to wonder. but she signed on to it. the reports are she converted to scientology. this guy was so high up in the religion he was going to let the daughter be raised catholic? >> if she can convince the court even though she signed on to it that it will have an adverse effect on this child, it doesn't mat wear katie holmes signed on to. megyn: the judge will say both of you are scientologist and the father wants to raise the child a scientologist.

now i'm going to overrule that? >> it's absolutely possible. >> i agree with lis if she signed on to it, that's one thing. the issue right now. right now is what's in the best interest of that child. if katie holmes became a ware of what actually happens to a child, the big issue, however, is being able to profit. i can't imagine she is going to be able to get any evidence either because it doesn't happen or it's so closely guarded, that there is harm to children in the hands of scientologists? i find that very difficult for her to prove. megyn: how much is she likely to get? she is willing to share physical custody but she wants sole legal custody meaning she gets to make the decision. and there is talk about her getting $3 million a year under the prenup. >> she'll get that $3 million. that will stand. per year. but we are talk about high

fallutin people. $3 million to them isn't what it is to us. if she can show -- mark is right. she has to prove there will be harm with this group. not that she is a scientologist. it won't make any like of difference. it's whether this child will be harmed without full custody. megyn: i don't think custody judges want to get involved in religion areas and declare as a matter of law that scientology children can't remain with their parents. >> that's what she has to prove. megyn: panel, thank you both so much. we are take your thoughts on it. we'll be right back. up on me. i wasn't eating well. she's a dietitian and she suggested i try boost complete nutritional drink to help get the nutrition i was missing. now i drink it every day, and i love the great taste. [ female announcer ] boost has 26 essential vitamins and minerals, including calcium and vitamin d to help keep bones strong

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[♪] megyn: this 4th of july we celebrate our independence. but local governments from california to new jersey facing a cash crunch and mat means traditional fireworks displays are getting the axe. lori, what's the story? >> reporter: think of it this way. would you rather have that fireworks display or have the fire department on hand in case things go awry. last week stockton, california filed for the largest municipal bankruptcy ever in history. don't forget, back drops. cities getting lower tax revenue. plus the housing bust. all kinds of costs adding up. here is an example from coast to coast of cities cancelling their fireworks shows starting in red banks, new jersey.

the mayor says they were 30% shy of the $250,000 it takes to put on a show. in lynnwood, california, they are cutting all kind of services and the fireworks is the easy thing thing to go. the township says it can save $40,000 by cancelling its fireworks show. and a fireworks display was cut but a private donor stepped in and put out the $50,000 to have a fireworks show there in new rochelle. there are all kinds of problems right now. but the main thing to keep in mind, you have got to do what's in the best interest of safety and all good things. megyn: what a bummer. >> reporter: i agree.

a sign of the times. megyn: maybe just the finale. >> reporter: with the boston pops and everybody just gather around the tv. lori, thank you. more fallout in the jerry sandusky sexual assault case.

>> still taking your thoughts on a couple stories. the supreme court ruling on healthcare generating a lot of feeling. we would love to hear how you feel in particular about the report of chief justice roberts. what do you think of the tom-kat story? should scientology matter? let me know. here's trace gallagher in for shepard. >> thank you. the news begins anew on "studio b." deadly storms left millions without power amid triple digit temperatures. utility workers say it could take days to get everyone's air conditioning and refrigerators

running. the wife and mother of this missing millionaire accusing each other of using his disappearance to take control of his $100 million fortune. a lawsuit against google and yahoo accuses the internet giant of illegally scanning emails even if you don't have an account with either of them. that's all ahead unless breaking news changes everything on "studio b." but first from fox at 3:00, millions of people across the mid-atlantic are without power for a third day as temperatures continue to hover in the triple digits following deadly summer storms and utility officials warn it could be days before electricity is restored. the blackouts stretch all the way from north carolina up through new jersey and as far west as illinois. right now ice is a top commodity. food is rotting and with