while the president is trying to figure out whether or not he agrees with the controversial 5-4 decision, governor mitt romney is clarifying his opinion as well. this after one of his top campaign advisors stated he believes the mandate is not a tax but a penalty. that comment did not sit well with conservatives, including me, and including eric boling who will join me in just a moment. first here's the governor correcting the record. >> well, i said i agreed with the dissent. the dissent made it very clear they felt it was unconstitutional, but the dissent lost. it's in the minority. so now the supreme court has spoken. while i agreed with the dissent, that's taken over by the fact that the majority of the courts said it's a tax and therefore it is a tax. they have spoken. there's no way around that. you can try and say you wish they would have decided it's a different way, but they didn't. they concluded it was a tax. that's what it is. the american people know that president obama has broken the pledge he made.

he said he wouldn't raise taxes on middle income americans. >> clearly this is an issue that's not going away anytime soon. joining me in studio with analysis of this requesting debaton going debateare the coh" eric boling and kimberly guilfoyle. let's take a look at something president obama said just today. >> i believe that in america nobody should go bankrupt because they get sick. i'll work with anybody who wants to work with me to continue to improve our healthcare system and our healthcare laws, but the law i pass is here to stay. >> note that he said, "the law i passed" not "the law that

congress passed." >> he has a monarchy, that's how he's behaving. >> classic obama huh malt. humility. it's interesting given the fact that a big majority of the american people hate this thing and want it repealed. >> right. it doesn't seem to matter to him, because no matter they're going to get it done, they don't care what you'll call it. now it's not. now it's a penalty. they just want to get it passed. this looks like he was able to get something accomplished. he doesn't listen to the will of the people. he doesn't care that in fact it's going to be a tax. the high court said it's a tax, a tremendous tax burden on middle-class of america. >> eric, isn't it true we should take the chief justice at his word and call this thing as a tax? after all the evidence is in the fact that the democrats that passed this invested the enforcement power with the internal revenue service. the irs -- the tax man now is going to be running your

healthcare, and they deliberately made it so in the bill. this thing is a tax. >> we should take chief justice roberts' opinion that it's a tax, but we should also take the obama administration's brief to the support who called it "a tax law" fully integrated into the tax system. ben labolt said saying at no point did any of the government lawyers say it's a tax is completely wrong. they briefed the court saying it is in fact a tax. guess what, monica, chief justice roberts agrees with the obama administration, it's a tax, let's call it's a tax. >> you know what, you guys, during the legal arguments -- kimberly, you're an attorney, you know this before anybody -- justice scalia said you're going to come back and claim it's not a tax. the fact that they did vest the enforcement power with the irs tells you where they're coming from, but during the political debate none of these democrats pushing this through were willing to call it's a tax, because that is so politically toxic they all ran for the hills. now you've got vulnerable democrats like claire

mccaskill and so many others who refuse to answer the question. they don't want to even deal with the fact that now it's a tax, that's what they have to run on. >> that's not popular, right? when you go out to the people, saying we're going to tax you, it's hard enough during this economy, we're going to take more dollars out of your pocket, the last thing they want to do is call it's a tax. is this an administration and presidency you want to endorse, that will sit there, lie to your face, change their mind, do whatever takes it to get something through with regard to your personal finances or the financial health of the country? you decide. >> eric, isn't that the point? i want to get to governor romney in a second. isn't the larger issue here, that we're in the weeds as to whether thinks a tax, a penalty, as to what the chief justice meant. shouldn't governor romney and his surrogates be out there every day pounding this truth, which is that obamacare was never about healthcare, it was about government power and control? >> we need to also -- we're failing on the right.

we're not pointing out exactly why this is a tax. the penalty/tax portion of it is a small part of obamacare. it's the 1%, 2%, 3% who decide not to sign on to healthcare and they get penalized for not doing it. it doesn't make up a lot of money. >> but wait a minute. >> hold on, let me finish. that's only one piece of the story. there are 21 new taxes in the obamacare bill that are going to cost the american bill $675 million, planning the tanning tax. it's a tax. taxing charitable hospitals. most importantly there's a 3.8% additional windfall tax on investment income that people didn't even know about. i mentioned it to donald trump the other day. he said, this is going to stop businesses, stop people from investing in american businesses. there are taxes all over this law. >> yeah, that's right. so far we already have 13,000 pages of new regulations supporting these new obama taxes. let me challenge you on this

point. i think that the whole objective is to get this country to single pair, so they don't care if you have health insurance or not. in fact, they would rather you didn't and pay the tax because that -- >> a whole new revenue stream. >> exactly. they're so disingenuous. isn't anyone appalled by this? how do they get on the air and behave this way and lie straight to everybody's face? yeah, we'll take it any way we can get it, valerie jarrett. wait a second. it's a penalty. the president disagrees with it. if he disagrees with the court's decision, don't put it through. i mean, seriously. repeal it. >> eric, you've been tough on governor romney. i think politically governor romney -- setting aside the economic issues which are disastrous with obama tax now -- but politically nome has to defend a highly unpopular bill and defend the massive tax hikes that come with it, right? it took governor romney a couple days to come out and call it's a

tax, right? he's been given this gift and it took him so long. look, if he's trying to protect him from romneycare, here's the deal. nobody cares what happened in massachusetts. we're fighting for the life of the country and the survival of the constitution. let's get with the program, right? >> yeah. actually i wasn't tough on governor romney, but his press secretary, who said immediately the governor doesn't think it's a tax, it's a penalty. i said, look, this guy should take the next few months off, come back the day after the election. there was an opening. we had obamacare repealed. we had it. it was done. it was a done deal. they somehow figured out a way to snatch a loss out of the jaws of victory. then there was a win afterwards. romney's moment to take it and go, look, this is a tax, it's the largest tax increase on the american people, and they fumbled it. they called it's a penalty. so they really -- what they should do honestly, monica,

governor romney should file the whole staff and talk to governor walker or chris christie across the river, say who are you working with? can i hire them, borrow those guys for the next four or five months, because that would probably be the thing that would push romney over obama in november. >> kimberly, just very quickly, does governor romney need to be more aggressive here? >> if you check out the polling, the general sentiment, yes, they would like to see some vigor, kind of what newt was doing, getting after it, not afraid to go after president obama specifically with his policies. that's why i was saying the other day, he needs to get a strong surrogate in the form of a vice president that won't be afraid to do that, otherwise there's trouble for november. >> passionate and what i call the

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we take it on ours. this summer put your family in an exceptionally engineered mercedes-benz now for an exceptional price during the summer event. but hurry, this offer ends july 31st. >> welcome back to "hannity." time now for media mash, our weekly round-up of all the ways the mainstream media tries to put its liberal spin on the

news. back with us to go through this week's material is president of the media research center, our good friend brent bowzell. tonight we have the obama tax edition of media mash. let's start before the supreme court decision, we had leftest journalists referring to the roberts' court as "hard right court." listen. >> if the supreme court overturns the law the court is once again showing its hand as a rad dal branch of government, full, hard, right wing judicial activities. >> what happens if it's struck down in part or whole by a 5-4 decision? would that underscore how dysfunctional is, the major institutions of our government are? that's a nightmare for the political class in this country. >> he doesn't want to strike down something that's passed with 60 senate votes, a majority of the house, signed by the president, with the full mandate

reflected by the people in the election of 2008, to strike down something like really seems radical. >> chief justice roberts is very concerned about the public perception of the court, but not enough to vote some different way. >> so they were going to war with the court before the decision, brent, starting with the preemptive strike. >> yeah. this is more working the refs. david gregory i thought i had the most striking comment when he said that a 5-4 decision which show how dysfunctional the country was, how i say 5-4 when it was upheld? did he go on the decision and nightmare scenario? only a nightmare if it goes against them. >> exactly. they all changed their tune once the decision came down. watch. >> let's talk about chief justice john roberts.

today lawrence tribe, the harvard professor who can say he taught barack obama and john roberts at harvard law school said that with this decision crossing over to join the liberals, roberts might have saved the institution. >> today's hero, chief justice john roberts, who walked to the forefront of history and said yes to progress and no to the role prescribed to him for the right. let's start today by looking back at this bold, defiant, grand decision by mr. roberts and his supreme court. >> there's already no question, this case changes the john roberts legacy. yesterday he was seen as another partisan on the court. today in the most dramatic case of the john roberts career, he changes, he breaks the mold. >> so suddenly, brent, the chief justice is the leftest hero, right? >> you know, monica, at what point do you start laughing at chris matthews? i mean, he says -- he calls him a hard right conservative,

dismisses him as being a radical. 24 hours later he calls him a hero. he says he's bold, defiant, grand. all of a sudden the superlative comes out just 24 hours before you dismissed him. which one is it, chris matthews? >> i do not know how these -- >> how does he do that ace straight face? >> you do great research. i don't know how they gone tv with a straight face. one of my favorite bits of leftest insanity was from cnn's brooke baldwin. listen. >> obamacare lives. republicans did everything they could to chip away at the law in the two years since it was passed, and many were confident the court would strike down the individual mandate. so for them today's ruling has to sting. senator roy blount is one of those republicans rooting for obamacare to fall.

senator, yo welcome. you lost in 2010 when the law was passed, lost again today, yet would you pushing for the repeal of this law. doesn't that make you look like a sore loser? >> i'm so happy that brooke baldwin is there to tell me i'm a sore loser, how i feel about this decision. this is the creativity left wing editorializing, right? >> she's done a victory lap on this one. she's relishing the victory that she was a part of in fact. you know, you ask yourself, okay, if it had been turned down 5-4, would she have then called obama, who you know would have repealed this, saying we'll take this to the voters in november, blah, blah, blah, would sheff se called him a sore loser? before the vote they were besides themselves in anger that this thing might go down. then they needed smelling salts

after the vote when it turned out they won again. >> and, by the way, you know, her phrase "sore loser," i wonder if ms. baldwin, anybody else in the left wing media, invoked that phrase when governor scott walker won his recall election, and ut you had leftest journalists like ed schultz weeping on the air. >> let's talk sore losers. cnn should look at their ratings every month, see how their in last place against fox news. maybe we should call them sore losers and maybe they should go off the air. >> probably the reason they're in last place, pulling up the rear, brent, is because of this left wing editorializing. >> absolutely. >> brent, always great to see you. >> you bet. >> coming up, a sitting congressman says american schools should be modeled after madrafas. and we'll remind our viewers of

some of the incendiary comments congressman andre carson has said. stay with us.

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>> tonight on our great american panel, he's a senior editor at the daily caller, jamie weinstein is here, a democratic strategist and fox news contributor, julie riginski also joins us. and he's the author of "capital punishment," former lobbyist jack abram of joins us. i want to start with something that happened back in may. democratic congressman, andre carson, a democratic from indiana, also one of two muslim members of congress, made these comments to the islamic circle

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word to jack abramoff who has a special message tonight. >> i want to wish a happy 99th birthday to aunt bea, an avid listener and watch tear the program. happy birthday, aunt bea. >> god bless you, 99 years old. guys, thank you very much. coming up, the always outspoken magician penn jillette gives us his take on the current state of politics and who he might vote for in november. and later suzanne somers is back with a brand-new book.

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>> welcome back to "hannity." penn jillette isn't shy when it comes to talking about his thoughts on politics and what role government should have in our daily lives. his book "god no" is now out in paperback. recently sean sat down with jillette and got his thoughts on the presidential race and much more. >> the one and only penn jillette. good to see you. >> good to see you. >> this may be a crazy exercise

i'm going to do today. >> okay. >> you were on the program, said who are you going to vote in the election after you did the infamous rant on obama. >> a.m. with the marijuana. i said probably gary johnson. >> right, but you do know that gary johnson has zero chance of winning? >> right. i tried to explain to you that if you always vote for the lesser of two evils in game theory things get more evil. the thing that -- the lie that's perpetuated is that we have to have a two-party system. and all we have to do -- as a matter of fact, if all the people who don't vote, who vote for third party candidates, aren't satisfied, just decide to vote for more freedom, that will change. >> first of all, i don't buy into your premise. everything you're saying is predicated on the less of two evils. >> oh, yeah. >> i think you have two very different, very distinct candidates with distinct visions for the country. >> not to what i care about. neither one of them wants to

seriously shrink the government. the difference is haven't got a problem with who's in power. i have a problem with the power itself. the president has too much power right now. >> i agree with you. >> having wars that are undeclared, even if -- >> war was undeclared. >> we haven't declared any of the wars we're in since, what, korea? >> no. if you read our constitution doesn't say you have to use exact words. >> right. >> congress authorized the use of force. doesn't say you have to say, we declare war." >> the president is making these moves. the president should be much more of a figurehead. congress has been so frightened to take that power back. >> you got the executive and the -- >> right. i think the executive branch is getting too powerful. >> i agree, but no not for the e reason. >> even if are were the best president possible, even if everything he did were perfect, you're still going into this expansion of presidential power

which has gone on with clinton, bush, and obama, are doing more and more to take care of us. we should consider ourselves adults, we should consider trust the citizens of the united states to take care of themselves. >> i like what you're saying, that people should be responsible. i agree with that, agree with that. but if the option or the choice is to repeal obamacare, the nanny state, you agree with that. >> oh, yes. >> and are say romney says he'so pull back regulation, reduce spending, work with paul ryan, get on a plan to balance the budget. ryan has already produced a plan to deal with entitlement spending and the third rail of politics. i don't think if it's going to be perfect, but infinitely better than the $1.5 trillion of debt we get every year. >> you think he would get rid of

power? >> if he doesn't, we don't save the country from becoming greece. >> if we decide we want someone to give people more freedom, i believe that both obama and romney think they know what's best for other people. i believe they're pure hearted. i'm not cynical at all. >> you're a libertarian not arguing to legalize drugs because you want to use drugs. >> i don't want them. >> you've never tried marijuana. >> never. >> never had a drink. >> never. >> never had a cigarette that you smoked. >> i do fire eating, so i have to -- >> never smoked a sunset. >cigarette.>> never smoked a ci? >> never. >> you're the exception to the rule for libertarians. you know that, right? >> i do know that, but the most important thing is the government to allow more freedom i want for myself. morality has to be a subset -- the most important thing is that people in this country feel like

they're living legally. there's nobody in this country right now that can say with complete confidence they are doing nothing illegal. we have too many laws. what you need to do, is if you are a good person, you should have no fear of the government. it comes back to the al capone thing, oh, we busted him on income tax invasion. you don't want to feel good about that. you don't want to feel good that the government can bust anything on anything they want. you want to be able to do good things. much smaller laws. my son, when he gets to be 12 years old, should be able to understand everything that's illegal and everything that's not. there shouldn't be this huge amount of illegal things you can do. someone who is a good pern should have no fear of the government whatsoever. >> all right. i lost this debate. go waste half your vote. >> i'll waste my whole vote. that's what i'm going to do. >> up next, suzanne somers reveals to sean what she says is

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her new book "bombshell: explosive medical secrets that will redefine aging" is in stores now. sean sat down with suzanne somers to talk about this and much more. >> sean: you redefine aging. every time i see you better, you look better every day. >> i'm 65.

this year i thought, when i turn 65, when i was a kid, people at 65 either retired or died. i'm nowhere close to that. this is a book about how you can age well, because the way we're aging now is not so pleasant. >> sean: it's horrible. bring me more to your side the more i talk to you about health and medicine. breast cancer for women, prostate cancer for women. 1 in 8 women get breast cancer. most men will die with some level of prostate cancer. you say -- go ahead. >> i'm so excited to tell this. i sat next to this doctor at a dinner party a couple years ago, from harvard. >> a urologist. >> on the faculty of harvard. we got along really great. he called me earlier this year, and he said, i think i got something you'll find interesting. i said, let me turn on my recorder. he said, i just finished a small

but important clinical trial where we are giving testosterone to men with active prostate cancer. none of the men in the -- >> you're giving them testosterone? >> i take rub-on cream. >> but you're a woman. you would think that this would be -- >> women have testosterone. it's a ratio. to be a man, you have testosterone -- >> i need it. that's what you said to me. suzanne somers, sex symbol, goes you need to testosterone. thanks a lot. >> because of the hours you keep, the stress of your life, it blunts hormone production. you live in new york city, stressful. so why wouldn't you take a blood test to see where your testosterone levels are? this is not about manhood.

>> do you believe in human growth hormone? i do. i take it. >> and testosterone cream? >> and cream. >> where do you get all this stuff? >> from my doctor. everything is done by lab work and doctors. >> why are doctors reluctant to give what you're talking about? >> with all due respect -- i love doctors. with all due respect, though, even today as we speak, they do not teach about hormones or nutrition. they spend approximately four hours learning how to prescribe hormones. so unless you've chosen to specialize in hormone replacement -- i'm talking natural bioidentical -- it's like going to a plumber for a heart bypass. >> you say this is about reversing aging. >> yes. >> you talk a lot about in this book about increasing your libido. a lot. i know you've been married 44 years. >> i know. >> but you say it has a dramatic impact.

i mean, because i've been around you, you have the energy of a 30-year-old. >> i do, i do. i'm so enjoying aging. >> i am not. i hate it. >> you got to do what i tell you to do. my husband's on testosterone. he wasn't absorbing the cream, and so now every monday we give him his testosterone shot. >> do you give it to him? >> i do. that's monday. well, i think men want to know about, this because men aren't going to ask their doctor. if your doctor doesn't know about it -- it's not me saying it. it's doctors that i interview. about 15 years ago my husband started sleeping, falling asleep at -- before lunch, after lunch, while i'm making dinner, after dinner. >> good for him. >> i said, you're getting like our old cat, sleeping all the time. get your hormones checked. he went, and his levels were exceedingly low. they gave him his testosterone shots -- >> and he was fine? >> his cream back. he was like -- you know when a

vase of tulips runs out of water -- well, that's a bad -- you put water in the tulips, it comes back. i don't mean that, but it brought him back -- >> started to sprout again? >> he's sprouting nicely. >> wow. from the prostate. >> can i say one more thing? >> this book intrigues me that there is -- there are things in here that make me go, wow, that's pretty interesting. >> yes. >> you know, a lot of people struggle with old age. my biggest problem is i play tennis and my knees and ankles hurt. i sound like an old lady because something is always hurting. >> you probably need hormones. they hurt when you were making optimum levels of hormones? did you ever get hit on the head as a kid? fall off a bike? >> i fell off a roof, three stories. >> okay.

so what happens -- this happened to my son, run over by a car. when you get hit on the head, and a lot of kids do, it jostles thepy t pituitary. it would behoove you to take a blood test. >> i think that's great. my wife may end up killing you if it works. >> have her take it, too. >> she can get a shot every tuesday. >> it's great for marriages after all these years. it's great. >> you've been 44 years? >> 44 years. really love him. >> it's "explosive medical secrets that redefine aging." >> i couldn't put a resource section in, because there's too many doctors so there's a resource section called foreverhealth.com where you can find a doctor like this, into this kind of thing, in the city or state nearest you. >> and finally tonight, my brand-new book is out.

"what the bleep just happened? the happy warrior's guide to the great american comeback" now in its second week on "the new york tis" bestsellers list. thanks to all of you who have already gotten a copy. if you would like a signed copy, please visit monicamemo.com. there's a link there to order autographed copies. that's all the time we have left this evening. thank you so much for being with us. we toss it now to martha mccallum filling in tonight for guess greta van sustern. >> exactly one year ago today, casey anthony was acquitted of murdering her daughter caylee. now the daughter who won casey

anthony's freedom is revealing the inside story behind the defense. jose baez goes on the record tonight with greta. good evening, everybody. i'm martha mccallum in tonight for greta van sustern. first tonight we head to the campaign trail where mitt romney -- breaking news this evening -- making some very bold moves, starting with bolstering his communications team. governor romney and his inner circle recently coming under fire from conservative critics. tonight "the washington post" is reporting that governor romney now plans to add some seasoned veterans is the term they are using to the messaging team. also tonight, reports that governor romney is considering a major foreign policy offensive that would take him to five countries this summer. so big things bubble nothing the romney campaign. this will be enough to quiet those who say that he's not been bold enough,pe