top people inside the department of justice alcohol tobacco and firearms and the u.s. attorney's office being sloppy, irresponsible and dishonest. accusing ken melson in the loop as disinterested atf director. that assistant director bill hoover being derelict in his duties, bill newell giving false testimony to congress. field operations mark chait, failing to supervise and bill newell doing something wrong and illegal. newell said he was not to blame. he was only following orders from the u.s. attorney's office but this report says that is not accurate. that the atf knew better but went along because it wanted make a big slash and establish a link between u.s. gun stores and mexican violence. rick. rick: what about the links to that violence in mexico, what do we hear about that in the report, william? >> reporter: it shows there was callous indifference or disregard to the casualties in mexico. in two members most as "fast

and furious" guns were showing up at crime scenes in mexico, u.s. attorney, dennis berg says, i'm quoting, wow, frikin' a, those are already across the border. atf refused to stop truckloads of guns into mexico despite receiving a thumb drive from the dea as to information, times, dates and people and crossing points of those guns. but maybe the most embarrassing when atf learned their guns were used to kill the brother of a state attorney general in mexico, an atf supervisor tried to bury that information saying, and this is, mario gonzalez right there, saying, my thought is, don't release it. to this day, while the atf and the doj know of dozens of victims in mexico who were injured and killed with guns they knowingly sent south, those agencies still refuse to telmex coor congress about these casualties. the report says gun dealers were lied to.

said the guns were being interdicked when they were not. that dea was stunned atf did not stop this earlier. and i.c.e. was told to back off. and finally there was a million dollars worth of guns that was sold some of that money was provided by two fbi informants but the fbi won't tell congress how much of that money was going toward guns and why it did not tell the atf sooner that the guys the atf wanted were already on the government payroll. it is a massive screw up. one report expected, one dealing with the dea and obstruction of justice and one after the court case is wrapped up. rick: william la jeunesse, great original reporting out of l.a. william, thanks. jenna: more fallout from the fast and four investigation, i'm joined by tom beavin, editor at "real clear politics." nice to have you with us today. >> nice to be with you, jenna. jenna: we don't want to minimize the fact that

families lost loved ones in this gun walking sting. it is one aspect, i don't want to minimize it at all, being so close to the election we'll ask about the political implications of this story. what are they? >> we'll have to wait and see. this is not a story that has gotten great publicity through the mainstream media. it sort of broke through a month ago when president obama asserted executive privilege for the first time in his presidency. that received some coverage. i think these reports will generate some more coverage but again, we're in the middle, end of july. we're in summer months. so i don't expect that it will have a great deal of political implications. i mean obviously the overriding issue right now for the election, still the economy and jobs. and unless there is something else that comes out right before the election, regarding this the "fast and furious" case, it probably won't have a significant impact on the election overall. jenna: let's talk a little bit some of the themes that do surface in this story before, border protection being one.

immigration being another. gun control also part of the conversation that comes up when we talk about this story. we know that the economy certainly is one of the top issues but do you see any of those other three issues becoming particularly important in this election either generally or in specific swing states? >> well, that's a great question. obviously those are important issues. they are issues that voters care about, particularly republican voters. mitt romney wants this election to be entirely about barack obama's stewardship of economy. that is where he will keep his focus nationally. to your point when he goes to visit border states in the west, particularly arizona, perhaps nevada, colorado as well, where this, these are issues that are particularly of importance to republican voters out there, they will become probably part of the election dynamic but again, overall, it's, you know we just had a poll come out the other day. it is all about jobs and the economy. jenna: there is also, when we talk again about this story, issues about trust, accountability and leadership. those are other things that

come up. going to, what is sticking on your web site, tom, i would just like to ask you a little bit about that, are those the themes you see voters catching on as you watch the different traffic through the website, as you look where people are watching politics move at this time? or is it still a little bit all over the place because we are as you mentioned in the middle of summer and a lot of folks are on vacation? >> it is amazing, jenna, barack obama spent over $100 million of negative ads trying to move this election, frame it as a choice between himself and romney, to very little effect. there have been other events that have sort of come and gone without having much effect on the election. it is really sort of fixed right now on the economy, on jobs. that remains good news for romney so long as the jobs numbers sort of stay where they are. the president is hoping that the jobs picture improves but there is no indication that it will be that. so again, you know, barring some sort of external event,

you look around the globe, there are a lot of hot spots where foreign policy could in fact become a major part of this election down the road. right now the things that are resonating with voters is all about the economy, the deficit and jobs. that is why the one issue sort of come up recently that has had legs is president obama's comment, you didn't build that. jenna: i see. >> republicans and mitt romney have been driving that message pretty hard last couple weeks. jenna: interesting to see all the things we've covered last couple weeks, what is sticking the core issue you bring us back to which is jobs. tom, nice to have you as always. thanks very much. >> thanks. rick: well, tom did mention foreign affairs and governor mitt romney wrapping up his foreign trip today in poland meeting with the foreign minister of that country. laying a wreath at the tomb of the unknown soldier, delivering a key address on foreign policy and sitting down for a interview with our chief political correspondent carl cameron who joins us live from

warsaw. carl. >> reporter: hi, rick. mr. romney got a warm reception in poland. part of the reason for coming here is to under score what he considers a very important relationship with this country he argues in many ways shares the same times of values, principles and politics as america, both in terms of democracy, foreign affairs as well as economics. mr. romney came here under a hail of criticism yesterday after having held a fund-raiser it jewish-american donors in jerusalem. after some of his remarks to those donors, palestinian leaders accused of him both ignorance and racism suggesting that culture determines outcomes and that perhaps the israeli economy is better than the palestinian economy because of culture. today in our interview romney flatly denied that, listen. >> you know, i'm very pleased with what i learned on this trip the opportunities i had to speak with leaders and exchanges we had. i realize there will be some in the fourth estate or whichever estate who are far

more interested in finding something to write about that is unrelated to the economy, to geopolitics, to the threat of war, to the reality of conflict in afghanistan today, to a nuclearization of iran. they will instead try to find, try and find anything else to divert from the fact that these last four years have been tough years for our country. there have been years of tumult in the world. and we need to see a better direction taken. on the part of our nation. >> reporter: that may amount to romney's toughest criticism of the obama administration and the president not with standing his pledge not to criticize the president while overseas. mr. romney said regarding the palestinian comments, he never actually mentioned their culture. he was only making the argument culture does in fact affect outcomes including economic issues. we talked a little bit about domestic politics, particularly his choice of running mate. mr. romney said that in fact he has not made up his mind

who he will pick. every day he discusses it with wife anne. they have not even picked a date when they will announce it. while there is tremendous anticipation about this both with the public and reporters who would love to break the story he said he would come up with a new device, a new way to actually announce it when the time comes officially. if you have a smartphone you may want to listen to this. here is mitt romney. >> i will make up my mind on a running mate. you can be the very first to know. >> reporter: you haven't yet? >> i have devise ad way of actually informing you, carl cameron and anyone else who would like to know who my running mate is. we have opened just this morning a app, which you can download called, mitt's vp. >> reporter: i asked him if he thought rob portman, the senator from ohio, might be able to help him win with the buckeye state? he refused to go there. i asked him if tim pawlenty was a sent mennal favorite. he brushed that off as well. he had said that mrs. romney

had a horse competing in the olympics that would keep her in london until the 12th. there wasn't be announcement on a smartphone or other device until then. rick: carl cameron in warsaw, poland. thanks so much. you heard the governor mention that his campaign is gearing up for the big vp announcement when it comes down the line, sending out a new twitter message. who will be the vp? download the app and you'll be the first to find out. it will push a notification to smartphones instantly after the name is released from the romney headquarters. jenna, there is a app for that. jenna: interesting way to use technology. as they continue down the road 98 days from the election, what else we get. an american embassy evacuated after a bomb scare, a suspicious package is found under a nearby car. we'll have the latest on the investigation. what is that all about? we'll tell you. plus opening statements in the drew peterson murder

trial. prosecutors say the former illinois cop killed his third wife. we're going to take a look at the case and whether or not the trial will bring investigators any closer to finding his missing fourth wife. lots of questions here. we have some answers coming up. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health.

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norway where the american embassy was evacuated this morning. tense moments as the bomb squad investigated a suspicious object near a nearby car. now police say it was a fake. the plain jane bandit striking again. the fbi says the suspect has hit seven banks in southern california this month alone. there is a $10,000 reward for anyone with information leading to her arrest. an ohio woman busted trying to break into jail. telling police, telling police to arrest her, please. tiffany herd getting her wish and in the county jail charged with criminal trespassing and disorderly conduct. police say she was drunk. jenna: breaking news out of illinois now. opening arguments begin in the murder trial of drew peterson, the former police officer needs no introduction. we know a lot of his story. he is pleading nod guilty to murdering his third wife, kathleen savio, that is what this case is all about. he remains the prime suspect however in the disappearance of his fourth wife nearly

five years ago. sorting all this out, mike tobin live in illinois with more. like? >> reporter: jenna, state's attorneys james glascow dove into the circumstantial evidence trying to paint drew peterson as a creep. saying owe once broke into the bedroom of kathleen savio in his police sqaut girl and said, why don't you just die? she. the defense already request ad mistrial. that motion was denied. that should give you an idea how things will go now that this trial is finally upon us. >> asking you all a to leave. >> reporter: he was a illinois cop who is now a notorious murder suspect at the center of a drama filled with sex, lies and missing wives. >> drew, were you surprised by the charge and the arrest yesterday? >> reporter: 58-year-old drew peterson has been behind bars since 2009 awaiting trial. his third wife died in 2004

in odd circumstances. but never came after peterson until his fourth wife, stacey, disappeared. >> we're going to line up this way and we'll head that way. >> reporter: intense search for the 23-year-old mother of two led nowhere. but it gave authorities reason to exhume the body of that third wife, kathleen savio. her death was initially ruled an accident. but a second autopsy determined she was murdered. with little physical evidence prosecutors will exploit illinois's new hearsay law. >> which basically says if you cause someone not to be available to testify, then that person's hearsay statements that may implicate you are admissible against you. >> reporter: which means savio will in essence testify from the grave because family and friends may be able to tell the jury that savio said peterson threatened to kill her. now the defense team says what's working for them is the evidence in this case. they say the prosecution can not put drew peterson at the scene of kathleen savio's death. they say what is working

against them though, the fact that the circumstances are just too suspicious. jenna? jenna: lots more to this case and it is day one. mike tobin. thank you so much. >> reporter: you got it. rick: coming up, singer wayne newton, why the las vegas icon could soon be evicted from his home. reports of death threats and a bitter legal battle. we'll have the latest on this wild story. new fallout from the botched "fast and furious" gun-running operation. five senior atf workers singled out but the blame go even higher? we'll discuss.

rick: charges of death threats in a nevada courtroom as wayne newton faces off against his former business partner in a lawsuit there. the vegas entertainment icon claiming that his investor threatened to kill him when their project went south. the former partner says that

he invested $50 million to build a tourist attraction on the grounds of newton's estate and newton is blocking his attempt to open it. patti ann browne with details from the breaking news desk. >> reporter: two years ago wayne newton and his wife sold their 40 acre estate in las vegas. the buyer, csd, planned to develop it into a graceland style museum. csd said the newtons would move out of the main mansion so it could be opened to tourists. in exchange the newtons would move into a new $2 million home on the grounds. but two years later the 70-year-old vegas singer and his wife allegedly refused to move out of the lavish home they have lived in since 1968. in court yesterday csd asked a judge to allow the developer to forcibly evict the newt tons t doesn't stop there. the back and forth between the two sides gotten so ugly the newton's lawyer asked for extra security, saying csd principal steven kennedy

threatened to kill them. csd denied anyone threatening to kill newton. there are accusations fraud and cruelty to animals. the trial continues today. rick: patti ann browne in the newsroom. thanks. jenna: findings into the congressional report on operation "fast and furious". the gop-led investigation now placing blame on five atf members including the agency's acting director all of this for the botched gun-walking sting that extend into mexico. where does it go from here, one question today? take a listen. >> the public understands what is going on in "fast and furious" and outrage just, so outrageous the president is really busy trying to do his damage control. now we have a report coming out. it is going to identify individuals and show documentation of what they had to do with it. >> i think what they generally do, they do their damage control and they try to shift it, you know, this attitude, anymore of that in my administration heads will roll around here so they don't have to take personal

responsibility. it is just not going to work. i would say this could be a very serious issue in the upcoming campaign for barack obama. jenna: the report comes just a month after the republican-led house voted to hold attorney general eric holder in contempt of congress for refusing to turn over what they say are some key justice department documents. joining us hadley heath, senior policy analyst for the independent women's forum and cory elan, former communication advisor for president obama. welcome to you both. cory, one of the things came out, you have five atf agents. we went through that a little bit. they're still currently employed as part of the atf. where are the democrats on this issue and should the democrats in light of this report get more involved? >> jenna, what i have to say what is unfortunate about this entire conversation this morning we're talking about a leaked report. that is consistent which the partisan nature which this investigation has been conducted over the past 18

months. everything has been done for political points. little has been done to really get down to the bottom of what happened in this matter and who is responsible. jenna: do you think democrats should do more on that as well, cory? >> well here's the issue, again speaks to the political nature which the investigation has been conducted. democrats have consistently called for witnesses to come forward publicly to testify before congress including members of the bush administration who were in charge when this program was initially instituted. they have been denied by the chairman of the committee. that includes mr. melson, interrim director of the atf when the program was executed. when you have this obstructionist nature which with the investigation is conducted, when democrats don't have a voice how things are discussed and reviewed, over the course of the past 18 months, yeah, this is very partisan, very political and i think it has been called political theater by those who have been paying attention to it. jenna: hadley, we'll go back to whether or not more

lawmakers should get involved because we didn't get to that part necessarily of the question but to cory's good points there it has been very partisan and it has been a gop-led effort. is there, the risk, do the gop run the risk of making it seem too political even if that is not their intention, we don't know? and having that backfire on them at a crucial time right before the election? >> i don't think this will backfire. republicans when the house voted to hold eric holder in contempt, 17 democrats joined with them. it is more bipartisan than it seems. what is really issue here is cnn poll earlier this month, 69% of americans, that is a huge number, considering how divided our country is among partisan lines, 69% of citizens say they disapproved president obama's use of executive privilege here. they thought it was inappropriate. this comes back to him who touted his administration would be the most transparent in history. i don't think that is happening here. jenna: hadley, on that point the president himself has not been directly implicated. and we should minutes there are two other reports we do

expect. you have the attorney general being held in contempt of congress but the effects of that we won't know for months, sometimes even years. so is it fair even to continue to go back to the president here when there has been little evidence to suggest that he is part of a specific cover-up when it comes to "fast and furious"? >> you know, americans, republicans democrats, doesn't matter, americans in general are are concerned with the amount of corruption in the federal government, not necessarily just on president obama's shoulders but the entire federal government in fact. when gallup asked americans what should priorities of next president of the united states be, they said number one, creating jobs and number two reducing corruption in the federal government. this issue with bureaucracy. this is issue with very flawed operation that wasn't just flawed or botched in its execution but was flawed by design. americans still want more answers when it comes to that. jenna: get cory in on that point, hadley. that is certainly comes up a lot, cory. when it comes to leadership, accountability, all

lawmakers despite what party they're a part of. five atf workers were apparently covered up something part of this report or part of this operation, should democrat leadership, maybe even the president should come out, these guys whoever they are shouldn't be working for the government anymore? >> here is what should happen. first of all let the investigations run their course and release all of the reports so we have a fair and direction appreciation for exactly what took place here. we already had a report that was released earlier this year by the minority, the democrats on the committee. we have another report, another investigation that is being conducted and a report that will be released by doj and the independent investigator there. what is curious again about the political posturing associated with this issue by the majority on the committee we have three reports, not just one of the if we have all the facts, if we have all the findings release them all at one time. why are we ink having this out? jenna: but the president could step out in front of this. >> put all the information out at one time. this is very serious matter

and we need to get to the bottom of it. jenna: cory, quick final thought here. hadley i will get yours, we'll have to say good-bye. should the president based on the information we have because we're literally drowning in reports and come out and make a statement about these people that are still employed and still part of this operation or was attached to it at some point? >> i think right now the president's posture in this is perfectly appropriate and, we should all stand by and wait until we get the final findings in these reports before we rush to judgement. again a man lost his life. jenna: good point. >> we should be concerned about getting to the bottom of this issue. jenna: that certainly is the core issue. hadley, your quick thoughts on this? >> hundreds of lives have been lost as a result of this operation and not one person has been fired yet. that is really at issue. i do agree with cory, that we do need to see more information but i hope the president will be more forthcoming and stop using executive privilege, makes it look like unless he has compelling reason keeping this information from the public why is he involved

keeping information from the public? jenna: look forward to having you both back. >> tha you. >> thank you very much. rick: who could forget this guy? former gsa official jeff neely and that infamous hot tub picture. he organized that fancy expensive conference in vegas on the taxpayer dime. you may have paid for a lot more parties of government workers than just this one. >> there may be as many as 77 conferences we'll have to look at. unfortunately the scandal is mushrooming to a pretty high level. rick: florida congressman john mica joins us. he is on deck. he will give us the very latest on what could be a growing scandal right after this. hi. we're spreading the word about new honey bunches of oats fruit blends and their unique taste combinations.

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[♪...] jenna: new reports of fierce fighting just in from sir syria today where activists say that government forces are campaigning to drive out what is called rebels from the city of aleppo. they're using helicopter gunships and artilleriry to

pound the area. you're seeing amateur video. vowing to turn aleppo the graveyard of the syrian regime. dominic dinatale live from jerusalem with more. >> reporter: jenna, the fight is going on longer in aleppo than it was in damascus couple weeks ago. rebels say they have 3,000 fighters buried in there. that's why they're able to sustain such a little of battle really against the regime forces. take a look at the map. you will see the flash points today. starts in the east at sakhur. has a large sway through the center the city where we have some of the most intense fighting. it has to be said helicopter gunships have moved into the east for the very first time. we believe that is because the regime is so concerned about the rebels ability to really hang on there the rebels also capture ad series of tanks and armored vehicles. they haven't used them against the regime forces yet. looks like that could be the

ground attack promised over the weekend hasn't truly transpired even though there is widespread fighting and they could be waiting to use those vehicles then. we understand the rebels have also taken a key check point on the road out to turkey. that will open up a absolutely vital corridor for the rebels because the turks are supporting them and they will be able to bring in much more weaponry to repel the regime. on top of that the turks sent in four very heavily armed military convoys down into the border. no indication they will invade into syria at any time. but what it us underline, jenna, really the rebels aren't fighting this battle alone anymore. that will certainly give them an upper hand if they can sustain in aleppo, jenna. jenna: we'll continue to watch the developments. dominic, thank you. rick: new information on a potentially growing scandal at the general services administration thanks to a fox first from our capitol hill senior producer chad pergram. we're learning congressional investigators are looking at

another look at the gsa for organizing 77 apparently questionable events after this event involving this high level gsa official, jeff neely, who resigned recently after organizing that elaborate las vegas conference in 2010 all on the taxpayer dime. joining us the man at the center of the new investigation, john mica, chairman of the house transportation committee. congressman, always good to see you. does this get worse than that hot tub picture we took a look at? >> we'll find out more tomorrow. we have a full hearing. we now have the virginia one-day conference where they also had outrage just taxpayer wasteful spending. one day conference, quarter of a million dollars. $104,000 to a consultant for one day. $20,000 spent on drumsticks. now there are 35,000 on picture frames. we think unfortunately they're dribbling this information out. first we saw las vegas. then we saw virginia.

and now we're told there may be as many as more than 70 conferences we're going to have to look at. rick: talk to us about your investigators and the kind of cooperation they're getting from folks at the gsa. of course we've been talking about the investigation into the "fast and furious" program. we know that the cooperation there, the back and forth there has not been great between the justice department and the congressional investigators. have your investigators been able to get access to the information that they want to see in order to find out exactly what was going on? >> well the cooperation, now, remember we got rid of some of the people that were involved like neely and the building commissioner and others. so we're on our second level of gsa officials. i have to say the cooperation has not been good. we're finding out now, even some of the media asked questions through foia, information asks that are

somewhat data they give them different information. on bonuses they gave us $10 million in bonuses. now we find another 30 million from that quarter. more than even the president requested. we're trying to get the empty federal buildings, 14,000 of them vacant around the country that are underutilized on the taxpayer plus roll instead of costing taxpayers money, and the cooperation has not been good there. whether the conferences are multimillion-dollar wasteful spending or multibillion-dollar projects, sitting idle, buildings and property sitting idle they're not cooperating or acting in the interest of the public. rick: we should mention since the initial outrage over the conference in las vegas the gsa announced a hiring freeze. they are cutting performance bonuses for some of their top level officials. i read a piece in "the washington post", congressman, from a couple of months ago that talked about the various hearings

that have taken place on the hill, a couple of which, your committee headed up sayinghat these sessions demonstrated that congress is better at outrage and hindsight than oversight. what kind of assurances can you give to the american people that lawmakers in washington are doing their jobs when it comes to oversight, to prevent this kind of thing from haing in the future? >> well, even back when we were in the minority somewhat 18 months ago, i produced a report titled that the federal government must stop sitting on its assets. the very first hearing we held in a building that had been vacant more than a decade two blocks from the white house. we have a record of actually going after this waste. that project incidentally, within a year, we're turning that around where 1,000 people will work there instead of a $8 million loss a year for taxpayers we'll have revenue, maybe as much as 10 million coming into the treasury. so there is rhetoric and then there is action i think

we're taking action and holding people accountable. rick: congressman john mica, transportation committee holds its hearing on this tomorrow up on the hill. we'll be watching with great interest, congressman. thanks very much for giving us a preview. >> thank you. good to be with you. jenna: she is 16 and dominating at the olympics but she is so strong and she is so fast that this chinese swimmer is raising some questions about doping. are these empty allegations or something to investigate? we're going to take a closer look just ahead. a routine traffic stop take as terrible turn. the suspect, launching an ambush-style attack on the officer. you can hear that in the background. an update on his condition. [gunfire] >> where are you at? whole grain, multigrain cheerios! mom, are those my jeans? [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios i've got a nice long life ahead.

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jenna: welcome back, everyone. police dash-cam video capturing a chilling scene, a truly chilling scene in indiana when a routine traffic stop turns deadly. [gunfire] [sirens].

jenna: certainly not the sight you want to see if you're inside the police car. you can see the man jump out of the car and open fire. officer matthew fox. you can hear several shots. officer fox was shot in the hand. somehow the bullet ricocheted hitting him in the forehead. the suspect led officers on a short chase before it ended in with more gunfire. the suspect was shot and killed. officer fox is recovering in the hospital. rick: ye shiwen, smashing two records. sharing swimming faster than american go ahead medalist, ryan lochte. every swimmer has tested clean in drug tests. they were busted in the 90 '90s and those concerns are coming back. we have the author of a book called, steroid nation. good to see you. is she winning these competitions because of hard

work and training or because she is on something? >> i think we all hope because hard work and she is a natural. that's why we watch the olympics that is why the ratings are through the roof. what she is bearing the brunt of a history of state-sponsored history of doping. china is the hotbed of making steroids that beat drug tests. rick: there is no proof that she or any member of the chinese team are using performance ends handing drugs. chinese officials deny it the swimmers are deny it. a lot of people who have raised eyebrows. how do we find out the truth? >> well, this particular olympics has introduced a new drug test for hgh that doesn't look for the hgh. rick: human growth hormone. >> thank you. what they're doing now is looking for the things that gee when you inject human growth hormone. igf-1. a bone pretty teen. that is really good. that is a really important step. the problem is if you have a

state-sponsored program, let's not talk about china. let's talk about anywhere. they will know how to use fast clearing anabolics they know how to use combinations these drug tests can't find the olympics are often gathering place for the best athletes and best chemists, the head of the olympic swimming association. i read a quote in "the guardian" newspaper. history of our sport every time we see something, quote, unquote unbelievable from the swimmer in china, history shows it turns out there was doping involved. is he right? >> we're not longer as shocked we were in 1988 when ben johnson trip ad test in track-and-field. we're more skeptical. what we're doing now is saving urine samples so think can test down the road after they find something retroactively. that is important step. another important step, biological passports. they're taking met billionic snapshots of athletes especially in swimming. they compare their scans to when they started a season.

there are some important strides going on right now. can these tests be beaten? yes. i think that's why the skepticism hovers. you have to hope that it is not true and rely on the science to guide us. rick: i guess the sad reality as long as there are competitions of any kind there are going to be people out there cheating? >> yeah. and. rick: right? >> the trick if you, any doper will tell you, the trick is not get too greedy. to try to win but not win by such alarming lengths it will cause speculation like this. this is 16-year-old girl. so we're hoping she just was really motivated and, that other stuff wasn't going oners let's hope so. the fact that she swam one of her legs, one of the legs of the 400 meter im faster than ryan lochte, has anything like that ever happened before? >> no. and that's a problem. not only does it shatter the women's record and shatters the men's. you wind up having a hard time physiologically explaining it. one swim coach said, almost

inexplicable. rick: real really quickly the every medalist are tested? >> 6,000 tests on all athletes. winners are all tested and their samples saved. so if something does come up it can be retro actively tested. rick: his book is called steroid nation. sean, thanks for coming in. jenna. jenna: a man is rushed to the hospital after he is attacked in the water at a popular tourist destination. it might make you afraid to get in the water this weekend. we have a live report just ahead.

rick: new information from india. power grids going down there for the second straight time in two days, knocking out power to half the country's 1.2 billion people. stranding train traffic and

plunging everything from hospitals to businesses in the dark. greg palkot is tracking the story for us from london. greg? >> reporter: i've been through a few blackouts in new york but this one is mind-boggling. imagine all of the united states without electricity, hit by a power outages and then double that. that is what is happening in india right now. three different massive electric grids affecting the northern and eastern parts of that country affected. it follows a smaller blackout yesterday and affecting really all aspects of live there, homes, offices, government buildings, vital services, transportation even coal miners, stuck underground. the very latest word, rick, that we are seeing is a the power is being restored in various portions of the country. still it is a big blow. the reason, a big one, a lot of demand and not enough supply during these hot summer months, various states in that country, overdrawing, overusing, government sources adding to that. a booming economy, a soaring population and aging

infrastructure and you got real big trouble. no real consolation for the people in india but we are told that they have a lot of blackouts, smaller ones with but they're a bit used to this. also very much a lot of backup generation. a lot of generators serving businesses and homes. so they do have something to draw on. and something like one-third of that very populace country is not even hooked up to the electricity grid. this is a big blow for the people there. the government is already looking into ways to try to avoid it but there could be more trouble ahead. back to you. rick: greg palkot, live in london. thanks so much. jenna: back here at home, terrified beachgoers on the east coast want to know what attack ad swimmer off cape cod. investigators are looking into report it is may have been a shark. rick leventhal with the latest from new york. rick, is this confirmed as a shark attack. >> reporter: not officially, jenna but seems to be the case. witnesses say it was like a scene from jaws. he was body surfing by what appeared to be a shark, suffering significant wounds

to both legs, screaming for help and escaping with his life. it happened at 3:30 yesterday afternoon on boston beach off cape cod. isolated stretch of beach with heavy surf, steep bluffs and no lifeguards. a man and his son were 80 yards out when a large dorsal fin popped up between them. the man was dragged under. he was screaming for help and brought back to shore with wounds described as deep revealing flesh, muscle and bone. >> thin, about yeah big came up and it was torquing. then it was just like what did we just see. it was like out of a movie. you're like oh, my god but you knew that was a shark. >> it was unbelievable. we thought we were watching a movie. it was, we all looked at each other wondering did we just see what we think we saw? >> reporter: the man is reportedly undergoing surgery today at massachusetts general hospital in boston. looks like he will save the limbs, jenna, in part because maybe there were

doctors on the beach that helped control the fwleeding after the attack. jenna: very lucky. i don't know, rick, if i need official confirmation. that is enough to make me nervous. >> reporter: and maybe not go in the water. jenna: rick, thank you. rick: bomb shell findings in the investigation of the findings of "fast and furious". five figures singled out for blame. an in-depth look at the botched gun-running sting. the congressional report and the fallout coming up next. three words dad, e-trade financial consultants. they'll hook you up with a solid plan. wa-- wa-- wait a minute; bobby? bobby! what are you doing man? i'm speed dating! [ male announcer ] get investing advice for your family at e-trade. by what's getting done. measure commitmentdvice the twenty billion doars bp committed

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jenna: 98 days until we hit the polls and choose our next president. the race is neck-and-neck and one group could hold the key to the white house. it's not walmart moms, latinos, or reagan democrats. we'll tell you who we are talking about ahead. rick: it has all the elements for high drama. a murdered third wife, a missing fourth wife, a former cop is the prime suspect in both cases. foxess legal eagles weigh in in the trial of drew petersen. jenna: bad news keeps oncoming for the gsa. a new report saying

investigators are looking into dozens more examples of wh lots of spending on the taxpayers' dime. apparently what happens in vegas doesn't always stay there, especially when there is a hot tub involved. it's all on "happening now." today, tuesday, seems like a normal day. exactly 12 weeks let before americans choose their next president with the campaigns heating up. that is something we are continuing to watch on "happening now." we are glad you're with us, everybody. i'm jenna lee. rick: i'm rick folbaum. thanks so much for joining us on a busy day. mitt romney on his way back to the u.s. after wrapping up a week-long trip overseas, earlier today in warsaw, poland, the candidate delivering a speech on foreign policy, aeu phrauding thapplauding the polish spirit and taking a shot at president obama's stance on the economy, and praising free enterprise.

>> instead of heading a promise of a government dominated economy, poland expanded trade, encouraged investment and lived within its means. rick: president obama returns to the campaign trail this week traveling to ohio tomorrow, and making stops in florida, and virginia on thursday. meantime with the latest polls showing a statistical dead heat this election could hinge on voters who so far remain undecided. joe trippi was howard dean's presidential campaign pherg, he imanager, he's a fox news contributor and joins us now. who are these undecided folks? >> a very small number of people. i mean i've never seen the number of undecideds below 5% or around 5% this late in the election cycle, and they are in these critical swing states, and it's almost as if there aren't

enough of them to make a difference, that they are going to be late deciders. and what is starting to turn out here is turn out. it's going to be about turning out the people who are already for you and not so much about these voters unless negative ads stop them from going, because both sides afraid of them moving one way or the other in the last few weeks here. rick: are we going to see the campaigns go off these undecideds? they may be small in numbers but as you mentioned they are in some of the key swing states that could really decide this thing. if you're working for the obama campaign or romney campaign, how do you target these people? >> they are not in any one place in the state. in other words, you know, when you get down to only 5%, rick, you know, it's like one person here, three over there, and they are not in any one group. what is going to happen here i think, it's one of the reasons you're seeing the campaign get so negative, you know, make sure if euro bama that yo you're

obama that they are not for romney. romney is trying to make sure they don't vote for obama. i think you can get an uglier campaign as we get further down and closer to election here. it may be about suppressing -- not suppressing but turning thesbut turning these voters off as you try to get them to turn out. rick: we heard this is going to be ugly and it's as teusd. you thin advertised. you think it could get worse. >> absolutely. the two campaigns don't have much control. they are spend ago lot of money. the fact of the matter is that superpacs, there is nobody to report to, they can go get as mean as they want to and i think will, because -- it's a lot easier just as somebody as an operative, it's a lot easier to go neglect teufpb i negative than it is to go positive if you're disengaged from the

campaign, if there is no boss to report to. you don't have the candidate saying, don't do that. you'll see on both sides i think these independent expenditures and superpacs will add tremendously to the negativity. rick: let me ask you, bill clinton it was announced this week that he's going to play a pretty major role at the convention coming up later this summer in north carolina. of course he's got a lot of baggage, but he's also one of the biggest superstars in the democratic party. do you think it's a smart move to give him this spotlight? >> i think so. look, i think he's definitely -- i think the most popular former president, living former president right now. you know, the way that i think about this is if ronald reagan were alive and bill clinton's age i don't think there would be any doubt that he would be at the republican convention speaking for mitt romney. both reagan and clinton had tough economies, had big growth from their policies, and i think either one of them, and clinton

is here and very popular right now to be able to say, i've i don't and this is the person to keep the bet on i think makes sense for democrat toss do. rick: last question, real quickly. bill clinton of course famous for moving to the center, working, compromising and working with republicans. does president obama do that as we get closer and closer, 14 weeks away? should he do that? >> i don't think -- look, washington right now is a mess. it's polarized. i don't think anybody here on either side looks like they will be getting much done or working together between now and november. i think, you know, after the election all bets are off on that, maybe people will come together, but right now it's too partisan up here in washington, i just don't see it happening. rick: joe trippi, fox news channel contributor, former campaign manager for howard dean. good to see you. jenna: a key runoff race for the

u.s. senate is happening and we are watching this race in part to see wha what tea party members part will play. kay bailey hutchinson is retiring. ted cruz is going up against david dewhurst. he won the first contest but not by a big enough margin to win the nomination. cruz has been getting support from the tea party movement as well. it's a tight race. we'll keep you posted as we hear more about that out of texas. we are taking a closer look at a few key issues, the candidates' positions on the issues that really matter most to voters in this country. today we will be talking about same-sex marriage, where the candidates stand and how each campaign is getting the message out. john roberts is live in atlanta with more. >> reporter: of course president obama back in may had a change

of heart he came out firmly in support of marriage equality for gays and lesbians that energized the gay and lesbian lobby in this country as well as hollywood which had been showering him with accolades and tense of millions of dollars in campaign cash. in just the last hour a coalition of african-american pastors came out to heap scorn upon the president saying they are firmly opposed to his position on same-sex marriage, and they are urging african-americans not to vote for him in november. here is what reverend william owns said a few minutes ago. >> he has not done a smart thing, and it might cost him the election. he did it because of money, and he thinks that there are more black people, there are more people that are christian, there are more people that want marriage to be right that there are homosexuals, i assure you in this country. >> reporter: while he's urging people not to vote for the president in novel not encourage them to vote for mitt romney. as for mitt romney, his challenge may be in november to

convince conservatives that he is rock solidly against same-sex marriage. as governor of massachusetts he said he was against gay marriage but he briefly entertained the idea of civil unions when the state supreme court-ordered the state to go ahead with same-sex marriages. there are a lot of conservatives still anxious about where romney really stands. for the national organization for marriage brian brown, who is the president of that says he firmly believes that mitt romney is in the right place. here is what he told us. >> if you go back to massachusetts some people want to say, no, no he wasn't strong on the issue. if you actually look at what he did, he stood up for a state constitutional amendment. he's always said he knows in his heart, he knows that marriage is the union of a man and a woman, he knows it's if the best interest of his state and the country. >> reporter: many republicans don't want to touch this issue in the campaign because it is so devisive. ironically it may be the split in the democratic party that drives this forward as a wedge

issue in this campaign, jenna. jenna: that could be an interesting twist. 98 days before the election, a lot certainly to talk about. john thank you very much. john roberts in atlanta pwa. rick: right now the bombshell report on fast and furious. house republicans saying five atf officials share much of the blame for the botched gun-walking operation. all five removed from their jobs and reassigned a year ago, still working for the government. attorney general eric holder has said more personnel changes could be coming depending on the findings of an upcoming review by the justice department inspector general. fast and furious linked to the death of course of u.s. border agent brian terry killed in a shootout with suspected drug smugglers. coming up in five minutes a journalist who has reported extensively on this scandal, and he wrote a book on it as well, joins us live. and we're getting an exclusive look now at a stunning new report revealing that i will league aim grants arillegal immigrants are more like owe to

return to jail than citizens o. nearly one in 6 of i will league aim grants will be rearrested on criminal charges. catherine herridge live in washington with the findings. >> thank you, rick and good morning. according to the congressional research service the independent investigative arm of congress records show that more than a quarter of a million charges were reported against illegal and criminal immigrants. here are some of the same findings of that report which was requested by the republican-led house judiciary committee. it shows 17% of undocumented immigrants arrested for crimes commit new ones within three years of their release. 14% were for driving under the influence, 11% involved drug violations, and 7.1% were major criminal violations which include assault, rape and murder. the chairman of the house judiciary committee, lamar smith said of the findings, quote the

obama administration could have prevented these senseless crimes by enforcing our immigration laws but president obama continues to further his anti-enforcement agenda while innocent americans suffer the consequences. the homeland security department has not responded to fox' request for comment. in the past the administration has defended its immigration policy saying they focus finite resoress on criminals not the average undocumented immigrant. this report makes the case that the obama administration's policy is weak and not working well enough. for some context the recidivism rate in the general population among criminals released from jail is 67%, but the president's critics here say that these people should have been deported in the first place not released in the u.s. to commit new crimes. rick: catherine herridge in washington, thanks. jenna: from washington to illinois now, drew petersen's murder trial is underway. the defense already asking for a mistrial, already. why they are objecting to something the prosecution mentioned in opening arguments. and the judge's decision on that. we'll tell you all about it. rick: a scathing new report on

what went wrong in operation fast and furious and who is to blame, straight ahead.

jenna: back to that report on fast and furious new to us today. house republicans say five atf officials share much of the blame for what went wrong with the gun walking operation. fast and furious linked to the death of bode der agent brian terry who was killed in a shootout on the arizona border. fox news is getting a look at the report after house republicans held the vote to eric holder hold in criminal contempt of congress, the first time that has ever happened to a member of the president's cabinet. we have a news editor from town hall and an author of a book on this scandal. what do you think the report tells us as far as the next

chapter full as far as the investigation. >> this report shows extensively that this wasn't necessarily a botched operation. it shows that atf officials that were mentioned in this report, the five of them, had no plans to interdict weapons even though they knew they were going to mexico repeatedly over the course of a year. the interesting part i picked up in the court, we knew this to a certain extent but it was in this report more specifically is department of homeland security had an ice agent specifically assigned to be a cocase agent on operation fast and furious. although the justice department and atf played a central role in this operation it's a reminder that this was not just a doj/atf operation. homeland security was involved, the f.b.i. was involved. the irs was involved and so moving forward -- jenna: as far as, does involve mean an email passed someone's

desk. this report seems particularly bad for the atf, but it's difficult from the outside looking in what it means for the department of justice or even the white house. what would you say about that? >> we are talking about extensive involvement, about the same reports filed with atf being filed with ice and dhs headquarters. a could he agen headquarters. you have bill newell the special agent in charge of the phoenix office at the time of fast and furious was e-mailing back and forth with a man named kevin o'reilly at the white house, who was on the white house national security team. as soon as we found out about that connection mr. o'reilly was shipped overseas to iraq where he was unavailable for comment or questioning by oversight investigators. and so, yes, this report comes down hard on these atf officials in phoenix, but that doesn't mean that connections between the white house and other agencies, and of course the doj aren't detailed and that they aren't there. jenna: to some that are out on

the outside looking in, following all the major players and their relationships are challenging to say the least. it's a very complicated story. it's tough to glean and i'd love your opinion on this about whether or not this shows bad management, bad bureaucracy rather than let's say a conspiracy and cover up. how -- where do you fall on that, and what evidence do you use to support either opinion? >> i think it's a combination of both. every government agency has extensive bureaucracy. what this report shows specifically, and according to whistle-blower testimony outside of this report, bill newell in particular, david voss at atf who was in phoenix at the time, they've had corrupt histories going back to 2006 and dealing with issues that come up. and we're waiting for the next report from congress to show the lack of responsibility and oversight of these supervisors. so i think it's a combination of incompetence, but i also think

they have responsibility to hold people accountable who made bad decisions, got hundreds of people killed in mexico as a result, and the doj cover up speaks for itself. there are 240,000 fast and furious documents available, and the oversight committee has only been able to get their hands-on about 7,000 of them, most of which are blacked out. now the doj has argued this is a low-level rogue operation. atf has argued this is a doj program. there is lots of finger pointing going on. the bottom line is the evidence shows they were all working together to funnel guns into mexico to make a case that guns coming from the united states border shops, gun dealers, were selling to violent cartels in mexico. jenna: is there any particular evidence of that that you found in your research tt suggests that is the intention -- the over arking intention of this was more of a political statement rather than something else when trying to get, you know, the bad guys basically in

mexico? is there a specific piece of evidence that is out there that is implicating that political stance? >> well, i'm glad you asked, because mark chate who was listed in this report as one of the atf officials in trouble here sent an email to bill newell in 2010 saying, could you see if these guns are all coming from the same place, because we're pushing for a case for new long gun reporting requirements, which is essentially more gun control. you also look at a "washington post" investigative piece that was done december of 2010 and the very same gun dialers that were cooperating with atf behind closed doors in operation fast and furious selling to straw purchasers who are transferring these guns into mexico, were being accused of selling illegally to these cartels in mexico, and the very same officials, including bill nile was quotebill newell was quoted as saying, cartels come shopping for weapons in arizona and they need more regulations when all a long the gun dealers were the

ones raising concerns and they were lied to and told that look, everything is going to be okay, we will not allow the guns to go into mexico and we sure won't let anyone get hurt. jenna: we'll have to leave it there. it's interesting to go back to some of those key points that we first covered at the beginning of this story as we watch it continue. we expect the next couple of reports and we look forward to having you back to have your expertise on this. thank you so much. >> absolutely, thank you. rick: defiant new comments from iran after a quick break. why the president there says his country will will not be detoured by ridiculous sanctions, his words, imposed by the west. jenna: flash floods in utah, middle of summer, this is happening. heavy damage to an area where the devastating wood hollow fire burned one month ago. how times have chained so quickly. the latest on their massive cleanup effort ahead. [ male announcer ] don't miss red lobster's

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jenna: international headlines we are following for you. want to take you first to iraq where two car bombs killed at least 19 people in central baghdad today. the blast ripping through two nearby squares minutes apart. today's attack comes a week after a wave of bombings killed more than 100 people in coordinated attacks. more on this as we get it. syria, hundreds of syria fleeing violence in their country showing up at a refugee camp across the border in jordan. jordan's foreign minister says 1 42,000 refugees are currently in jordan as a result of the fighting in syria. in iran, iran's president lashing out against oil sanctions aimed at curbing iran's nuclear programming calling them ridiculous. he's urging foreign investments in iran's oil industry. rick: fox news weather alert. a road in tucson, arizona literally breaking apart after a severe storm on monday.

emergency crews were called to help the three people trapped inside that car you see there. the area now expected to be close ford days, all three passengers, we're glad to tell you are expected to be okay. homeowners in utah now forced to dig up under their homes after being hit by a rush of floodwaters carrying mud and debris. this is the same area where the wood hollow fire burned just about a month or so ago. forecasters say that it's those burn scares that likely caused all of the flooding. folks having a hard time of it. >> i couldn't even see the window wells. the water was up over the window wells. all i could say was oh, my gosh, oh, my gosh, that's all i could say. i mean there are a lot of treasures down there. rick: too bad. we are also keeping an eye once again in a sweltering heatwave moving across the country. meteorologist janice dean is live in the fox news extreme weather center with more on that. >> have you ever felt

112 degrees? rick: i don't think i have. >> i've never felt 112 december. folks across the desert, yes you've seen temperatures like this. we are talking about record-setting temperatures across the plain sets. when you're setting record highs at end of july heading into august that is extraordinary. 112 in winfield, kansas. little rock 111 for you that is the third highest temperature you have ever felt. 111 degrees. and the heat is not going anywhere and it's just exacerbating an already difficult situation with the drought. 108 in tulsa. 109 in oklahoma city today. 110tulsa, 111 oklahoma city. again on thursday triple digit heat. we are not getting any relief in terms of rain across the area. we are seeing a little bit of shower activity across the southeast. they definitely need it there. we are in a drought situation there. monsoonal moisture working into the four corners which are good news for them. we are getting into peak season

in the tropics we are watching this area of concern right between the lesser antilles and the coast of africa. if this gets named its name will be ernesto i believe -- i'm sorry this is pacific. my apologies, this is my fault. but in the atlantic the next named storm will be ernesto. i'm sorry we have to qualify that. pacific and atlantic have different names. back to you, rick. rick: i hate when i get my storms confused. it happens at least once a week. janice dean in the weather center. nice to see you. >> thank you, thank you sir. jenna: it's hard to keep track of all that stuff. i love those names, right? it's finally here, opening statements underway in the drew petersen murder trial. he's charged in the mysterious death of his third wife and the sole suspect in the disappearance of wife number four. how prosecutors aim to convict the former cop not with physical evidence but with what these women once said. that is creating some obstacles inside the courtroom. our legal panel takes up the

case just ahead. who can forget this guy in the hot tub, right? a little sangria in the back in the cup i think, probably not coca-cola. a lavish conference paid for by you and everybody else out there. there may have been other lavish parties for government workers all on your dime. we'll tell you all about that next. [ kate ] most women may not be properly absorbing

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rick: fox has exclusive new information on a government spending scandal. investigators looking into

70 more questionable events involving the gsa you may remember this moment from a previous conference that is former gsa administrator jeff neely in a vegas hot tub. he had organized that conference that cost taxpayers more than half a million dollars. now the agency is being investigated once again. this time for a one-day conference in virginia where they allegedly spent almost $270,000 of taxpayer money. including 21,000 for those drumsticks you see in this video. doug mckelway is live in washington. doug, i understand this new round of investigations stems in part from what fox news was able to uncover from a freedom of information act request? >> reporter: that's right, rick. we found out the vegas conference, the one with with the guy in the hot tub with a glass of wine, in the words of chairman mica just the tip of the iceberg. we would like to show you video of another gsa conference. this one in crystal city, begin i can't, in 2010 where gsa employees spent hours

just drumming. they called it team exercises. looks like something most people learn in nursery school. far more troubling is the cash awards that were handed out to the attendees here. our foia request resulted in this list of awardees. we have 75 pages of them. each with 50 names per page. each of these people averaged about $1,000 cash award of taxpayer money. that totals $3.6 million. >> the company that provides ex-traf dpant travel or conferences it i going to be affecting the company's bottom line. and individuals who take advantage of pretty rare in the government for someone to abuse taxpayer dollars and end up in trouble. in fact in most cases the incentive for agencies because of the budget process, is to spend every

penny and sometimes more that congress prepare rates. >> they tried to do everything they could to cover up the october 2010 las vegas fiasco. now another conference, one-day, more than a quarter of a million dollars wasteful spending by $20,000 worth of drumsticks, $35,000 worth of picture frames, $104,000 to a consultant to do a one-day conference. now we're hearing there are dozens more and we're getting a little bit of information at a time. so we're going to drag in all of the parties that are involved and hear from the inspector general and get to the bottom of this incredible scanned. >> reporter: in a statement gsa told fox news, quote, as of april 2012 all spending for events, including training conferences leadership events, team building exercises and awart ceremonies were suspended. the award ceremony was in

existence going back to 2002. under the new gs. leadership these events and spending are not tolerated there is some evidence that it is continuing. that is one thing mica wants to explore tomorrow. rick: we hear there were as many as 70 questionable incidents and events the gsa took a part in. what do we know about more of this stuff? >> reporter: from our examination of the foia documents we uncovered 50 such conferences since january 2009. chairman mica says the figure may be 77. our foia request several conferences have no record of spending, no receipts, no way to account for costs associated with travel and conference spending. just a total mystery where this taxpayer money went. rick. rick: the hearings begin on wednesday and we'll be watching and listening. doug mckelway, in washington for us. thanks, doug. >> reporter: sure thing. jenna: right now one of our other big stories today, opening statements in underway in the drew peterson murder trial. the former cop long

suspected in the disappearance of his fourth wife, stacey is on trial for murdering wife number three, kathleen savio. our 2004 death was initially ruled an accident but the case was reopened after stacey vanished under some mysterious circumstances. here we are finally after years and years day one of the trial. lis wiehl, fox news analyst joins us and doug burns, criminal defense attorney. despite all those years and all the talk over this case, lis, it is still being described as a very close call as to what will come out of it why? >> right. because it is a circumstantial case. meaning you don't have somebody there that saw it. you don't have bloody footprints or fingerprints or anything like that. you have a woman who ends up dead in a bathtub without any water. you have an investigation that was closed, shall we say, for strange reasons, within an hour and called an accident. then we have another wife that went missing after that. we have all these things. that is what a prosecutor does, jenna. a prosecutor puts up says

brick by brick, little by little, we'll put it all together for the you juror remember, you get at the end. there will not be a one smoking gun. that is why it is a close case. jenna: the public doesn't know about some of the questionable circumstances. for example, it was related that stacey went to pastor seeing her husband arrive home in black clothing being worried herself. she told that to somebody. the big question, doug, back to hearsay in this case, is something like that admissible? if, it shouldn't be allowed? >> that is a really good point you made because this case is a classic textbook case they could teach you in law school focusing only on what is admissible in court and making sure the jurors are not focusing on really the overall circumstances of the case. jenna: is that something the defense needs to be worried about? >> they do. the point is they're trying to tap dance how they will refer to the fourth wife who went missing and they never found her saying -- >> unavailable. >> she is no longer available. >> which gets around the hearsay rule.

for hearsay if the person you want to put on the stand is unavailable because they might be dead, -- >> jenna's point was, wait a minute. don't the jurors know a little bit more? doesn't it actually help the prosecutors? >> it does help the prosecutors, absolutely. >> the other point you have to take the dislikeability factor out of play. he is not the most popular guy in the country. jenna: interestingly enough, doug he completely changed his appearance. lost some weight. the moustache is now gone. it has been years. >> right. jenna: does that help? >> every defense lawyer tries to clean up the defendant, right? unless, unless you're pleading insanity defense. then you let it all go. >> lis is right. you don't want to overdo it. you don't want to come in there with crisp brook brothers. jenna: here he is on the screen according to sketches that is part of a battle in this case. >> right. jenna: not only the hearsay evidence. had to find a jury. took them a long time to seat these people. if there is a problem in the case, lis, for whatever reason, if either side makes

a mistake we start all over again? >> we could. what i like about the prosecution, their opening today, at the end. story, at the end of all of this evidence, use your common sense. in other words, flashing to the jury, don't look how he looks now, don't look any of that. don't think about the likeability factors you're talking. don't do any of that. just look at the evidence that we're going to present to you. yes it may be circumstantial but it will be good evidence. jenna: ask you about this as lawyers as well. the prosecutor is described as monotone. >> love it. love it. jenna: now the defense attorney, the defense team, completely different group. more colorful if you will. the defense attorney went on a radio show with scott peterson. they should have a contest who should date scott. you have the two supporting counsel -- sorry, scott. drew. getting my peterson's mixed up. the counsel are part of drew peterson's defense. they, they're a wife and

husband team. they tend to match their clothing every day as they walk into the courtroom. >> i heard that. jenna: you can see them on screen. they look like they could be going to a dance together. just as lawyers, what do you think of this strategy? the boring guy against this really colorful defense team? >> really how it should be. prosecutors have a whole different ethical standard. they really do. i don't mean any disrespect to defense lawyers. i am serious. different ethical standard. defense lawyers are there, you do anything you can to get off the person, within broad realm of ethical bounds. >> lis is right. the standard is the prosecutor, the more buttoned down, serious. >> yes. >> and the defense is a little more flamboyant. that is how they're handicapping this going into the trial. jenna: any effect on the jury? >> i'm not sure. >> i think people, jurors look at a prosecutor they do not want to see them flamboyant. i am here giving you the facts. that is all. not trying to sugar coat it

or do anything else. >> right. jenna: i never thought about doug as flamboyant. >> doug? >> come in with real wide stripes. spread collar. jenna: thank you very much, lis. doug as well. a lot to this case. we'll certainly talk a lot about it. rick. rick: thank you very much. a sad story we've heard too many times now. an nfl player apparently taking his own life. joining us we'll talk with one team's neurologist what to make of his death amid concerns that perhaps head injuries may be too blame for this rash of football player suicides. a possible shark attack at a popular tourist spot. where swimmers are being told to watch out. don't go away. helps make you a better investor. with our revolutionary e-trade 360 dashboard you see exactly where your money is and what it's doing live. our e-trade pro platform offers powerful functionality that's still so usable you'll actually use it.

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rick: "happening now", another nfl player apparently taking his own life. police in florida say they found the tennessee titan's o.j. murdock in his car after he shot himself. the 25-year-old, the 6th nfl

player, current and former to commit suicide in the last two years. a disturbing trend sparking debate over potential damage playing football can have on the brain. one of the most high-profile of these deaths, 20 year nfl veteran, junior seau killed himself back in may, shooting himself in the chest. the family donating some of his brain tissue to the national institute of health for study. she is a team neurologist for the new york giants. and doctor, first of all, what a waste. we have absolutely no evidence right now that o.j. murdock's death had anything to do with brain injuries he may have suffered during his years of playing football but what are you seeing as a steam doctor, someone who treats patients, players who play for the nfl giants. >> mood changes, anxiety, iritablety can be signs of

concussion. we don't know whether or not he had concussions and whether or not this played a factor in or a role in his very tragic suicide. we know football players are at risk for concussions. concussed people can be depressed and sadly depressed people are at risk for suicidal i'd die ages. this is problem we face. rick: we mentioned junior seau. there are two other big name players, dave dur son and ray easter link. along with seau these are former players that tyke their lives over the last few years. for fans of football, myself included should we be worried about guys we're rooting for every sunday? >> we don't always have to be worried. what we have to think about is changing the culture of football and improving the guidelines for professional football players and helping them understand the consequences of concussion and returning tolay too soon. rick: is that happening? we heard just this week the nfl has instituted a new

wellness program for former players and for current players alike, that is supposed to help them out when they face these kinds of health crises. is that the answer? is that moving in the right direction? >> that kind of wellness program is instrumental in providing a way of teaching both players, trainers, families, parents, ways of recognizing the symptoms of concussion and preventing the cumulative consequences of repeated concussions to the brain. rick: real quickly, doctor, i wouldn't ask you to betray any doctor/patient confidentialty rules but are you hearing from players that they're more concerned about this when they step out onto the football field? >> players are undoubtedly increasingly concerned about this and it's actually a very positive development in this field because they themselves are more concerned for their welfare. rick: dr. teena shetty a knew roll giflt and works for the giants. doctor, thank you for coming

on and talking about this important story. >> my pleasure. jenna: bees in huge numbers can be deadly. where firefighters were called in to break up a beehive and what happened there. plus what the candidates are telling voters and what the voters are paying attention to in the 2012 campaign. [ male announcer ] this is anna, her long day teaching the perfect swing begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve,

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rick: a tough outcome after a swarm of bees attack as neighborhood in phoenix. neighbors describing bees flying all over the place with some even after going a couple of dogs, killing at least one of them. firefighters eventually locating the hive, spraying the area with a foam repellant. they say summer is peak season for bees. jenna: wow! voters have just 14 weeks left to make up their mind and with some major campaign events on the

horizon now is the critical time some say when americans start to pay careful attention to the candidates. we always pay careful attention to our james rosen, who is our chief washington correspondent who has more on that now. james? >> reporter: good afternoon. a top romney campaign strategist told reporters today this is crisis election. to be sure it has been an exceedingly negative one so far. according to media tracking the two main candidates spending $60 million to air 170,000 negative ads. since the gop primary effectively ended in early april the obama forces painted mitt romney as a heartless corporate raider, lousy governor and tax dodger with one told millions in foreign accounts who may have committed a felony on disclosure forms. the romney campaign cast obama as hopelessly inept steward american economy and so hostile to business and so desperate to distract from his dismal record he lies about his gop opponent. a spokesman for the obama-biden campaign

rejected criticism even some democrats that the president may have tarnished his hope and change brand by going negative against romney before the 100-day mark. >> i will also note that, mitt romney over this last several months has questioned and his supporters have questions whether the president understood america or understood freedom. that really crosses a line i think, that doesn't need to be a part of the debate and i think the american people don't want that to be a part of the debate either. >> reporter: big moments still to come in this campaign cycle. mitt romney's decision about who will join him on the gop ticket. three presidential debates along with one for the vice-presidential nominees. looming just as large, four monthly jobs reports from the bureau of labor statistics. >> since popular election began in 1824, close to 70% of incumbents who have sought a second term in the white house have actually been elected to the second term. so normally you say, you always bet on an incumbent. in this particular case i don't think you would bet on the incumbent.

i'm not saying you bet on the challenger either. i'm saying you save your money. because it's not clear yet which one of them is going to win. >> reporter: good advice, save your money. one thing which both campaigns emphatically agree, this election will chiefly be about the economy. jenna. jenna: jobs report on friday as well. something to look forward to each and every day. james, thank you. >> reporter: thank you. rick: talk about a bumpy ride? find out how one new york mom ended up giving birth to twins on two separate highways. i hope she had an easy pass. don't go away. [ male announcer ] hey, isn't that the girl who tore out your still-beating heart?

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the leading edge of the leading edge. during the golden opportunity sales event, get great values on some of our newe models. this is the pursuit of perfection. rick: now for the unbelievable story of two babies who just couldn't wait to get on board. a new york mom giving birth to twins on two separate highways while on the way to the hospital. the new mom says she and her husband were forced to pull over when she started going

into labor. of a their first son arrived, they got onto another highway and had to pull over again. look at them. for the arrival of their second son. >> didn't think there was any big rush. called my mom to come and watch my son. >> she is going around looking for, just get in the car. >> i'm no, no. the baby is coming. the baby is here. you better not have the baby on the parkway? rick: put on the flip-flops. >> whatever woman wants their own parachute. rick: they made it to the hospital safe and sound and the six pound baby boy twins are doing fine. they have many days ahead. >> speed demons. you have experience having twins. rick: i have. >> didn't have them on the highway. rick: good luck. not on the highway. congratulations. >> thanks for joining us everybody. "america live" starts right now. megyn: fox news alert. we are getting new reaction in just the last hour from the international olympic

committee in the now growing controversy over a young chinese swimmer. welcome to "america live", everyone, i'm megyn kelly. chinese swimmer ye think win, facing allegations of doping. it was a incredible win in the 400 meter individual medley. the 16-year-old smashing a world record by a full second and smashing her own personal best by five seconds. she even saled past the time set by the winner of the men's event in the last leg of the race, ryan lochte. in the last leg of the race she beat the male gold medal winner's time. professional swimmers worldwide raising serious questions about whether she has taken any sort of performance-enhancing drugs. some calling it unbelievable and flat-out disturbing. an official from the united states is calling for a full investigation. and now the international olympic committee is lashing

out at the accusations. just moments ago saying people quote, need to get real. and pointing out that records are being broken all over the place. we've got a live report in moments. megyn: but first a developing story out of washington. the daily white house press briefing just got underway and we're awaiting possible new reaction about a decision by the democrats to make a national gay marriage endorsement at their convention in charlotte. the democratic national committee has approved a plan to embrace same-sex marriage as part of the party's platform for the upcoming convention in charlotte. just back in may north carolina made headlines for officially limiting marriage to that between a man and a woman. so far democrats in the white house have stayed tight-lipped what is a divisive issue still in this country.