we are a compassionate people. there has to be consequences. >> that is 9:00 p.m. tomorrow right here. that's all we have time for this evening. thank you for being with us. we toss it now to greta van susteren who is standing by now to go on the record. a stunning verdict in the penalty phase of the jodi arias trial. an arizona jury dead locked on whether to sentence the convicted killer to life or death. the judge setting a july retrial date. what does that mean for jodi, the jury and the lawyers. the irs official has been placed on administrative leave and that is not all. congress may haul her back to testify. >> every day there is something

new. >> when luis lerner offered that defense of her actions some suggested she waived her fifth amendment rights. darryl issa is looking to bring her back to testify. >> why did lerner refuse to address questions that they had previously misled congress. >> i have decided to follow my council's advice and not testify or answer any of the questions today. >> she waived her right by issuing an opening statement. >> somehow i doubt it is because they had nothing of interest to say. >> none of the principles in any of the scandals know anything about what is going on. >> breaking news this hour. luis lerner has been placed on administrative leave with pay. >> in this white house the lights are on but doesn't seem

to be anybody at home. i believe if she worked for the american people she owes the american people an explanation. if she can't give that explanation she shouldn't we working for the american people. >> you can't make people talk. >> this lawlessness and this president is in the middle of it. i think this is just the beginning. >> lerner placed on paid administrative leave. newt gingrich joins us. >> good to be here. >> the irs targets different groups. what is your theory of why this happened? >> there was a survey done in 1991 in which three out of four irs agents told the people doing the survey they think they had the right to lie to congress. what you have is gigantic government largely populated by

liberal who believe they're superior to the american people, that we are subjects and they are in charge. you have a president who is a very weak administrator. and you have a system run a muck across the board. it is run a muck at fish and wild life. it is run a muck in the justice department. but you are a normal american. you go to work and pay your taxes. you can put on your return fifth amendment. i'm pleading the fifth. if you do something wrong you call the irs and say i want to apologize now. luis lerner is put on administrative leave with pay. why is this a terrible punishment? >> according to senator tonight is that the acting commissioner asked her to resign and she did

not. i suspect that is the process. can you fire her? >> it is the process which is why you have a congress which ought to fundamentally overhaul the whole system. how many different people have their hands on having fundamentally violated the legitimacy of our tax system. everyone of those people should be fired. the union representative who met with president obama. the union representative for irs workers plays a major role in disciplinary problems. this is the opposite of responsible self-government. >> is this new? do we drop this in the lap of president obama who you say is a weak manager? can he be blamed for this? >> this is not an obama scandal. it is a point made very brilliantly in a column by the

washington post what is frightening about the benghazi mess is watching the bureaucracy. what you see is a level of incompetence in our national security system. when you look at fast and furious in the justice department you see a level of incompetence. >> you talk about fast and furious and this. all of these areas, the irs are fast and furious. there is congressional supposedly oversight. the only time we hear about congress is when there is some huge event. and then they come in and investigate. congress really does not do -- i would not give them an a in oversight because we catch these things a lot sooner. >> it is also a failure of, i think, imagination. the civil service model we currently have dates back. it is 130 years old. it is broken in every department

in the federal government. what somebody should be introducing is a smaller manageable government act that would start with eliminating all of this massive security. these people are breaking the law, willfully breaking the law. arrogantly -- if you watch the attorney general testifying to the congress he would have the arrogance you would expect from a duke or an earl. he did not have the attitude of a public servant. >> the president said he didn't learn about this until last week with newspaper reports. with the white house council and aides who apparently did know about it, were they right in not telling him? >> first of all with benghazi the white house council apparently in october said we had better slow down what we are saying because of the legal

implications. you had somebody go to the congress and say my lawyer told me i better plead the fifth because of the legal implications. i think these folks are in so much trouble on so many fronts. and as you know what always happens in washington is the cover up is worse than the event. they have been lying to the congress on everyone of these fronts. they have been lying to the congress. >> there are no consequences. there are funny things said and speaker boehner said drip, drip, drip. i don't know why you ask for e-mails they certainly are not from national security. that happens. everything gets hidden by national security classifications. >> the country should demand on overhaul. understand this is a system of big government run a muck. it is very dangerous to your life. the idea that the irs is going

to manage your health care, that they will have the ability to have insight into all of your records -- >> that brings another issue. one of the women whose name has been brought up is a woman at the irs who will be handling the obama care. >> i think they should move the bill that would strip everything involving obama care out of the irs. i suspect it will pass the house in huge margin and pass the senate because 14 democrats from states that romney carried. >> i know you weren't there but to put anything in the irs like obama care if you are trying to impress the american people to put it in one of the most hated organizations before the scandal was stupid to begin with. >> if you are a true blue liberal you believe in government. >> i don't care liberal or democrat nobody likes the notice

from the irs saying we are auditting you. >> i am just reporting. their defense of obama care was it is tax policy. it is tricky for them to say to the supreme court this is tax policy but will not be in the irs. part of the defense was it was in the irs and that was part of the decision that it was constitutional was that it was tax policy. >> what should chairman issa do? recall lerner back? >> i would recall her and i would ask her every question and i would allow her to say 600 times. >> why? >> because the country needs to watch a senior civil servant arrogantly say to you i may be so criminally vulnerable i'm not going to say a thing. and bring in the woman who is currently at the obama care section who is part of the original gang and bring in the people apparently in washington

coordinating. this all keeps coming out. the more you learn the bigger it is going to get. the more people that will be called. i would also bring in every group that was cheating and have every single group testify. i would go through days of people saying we did this and this is what happened to us. >> and what's at the end of that? >> i think they should strip obama care out of the irs. and i think we need to frankly fundamentally repeal the civil service laws and go to a manageable government where somebody is as bad as these people you can fire them. is benghazi a problem for the president? >> it's serious on a couple of levels. what was the conversation at 10:00 at night between he and secretary clinton. what did they discuss? what did he know? what did he know and when did he know it? >> delivery of process is he doesn't have to tell you. >> the second thing is when the

spokesperson for the state department says in one of the conversations the leadership of my building is very unhappy with this analysis it leads you to two great questions. what did the term "my building" mean? i think it meant state department. and what does leadership mean? i think that meant secretary clinton. we are told by your own person that you are unhappy with this. what is it you were unhappy with? why did you not tell us that you put pressure on the intelligence community to change what they are doing? >> and so the end point of this? >> well, first of all, the end point is to realize how really badly bureaucratic and incompetent our national security apparatus is. cut through all of this stuff. it is not about chasing this week's stupidity. it is about what do we have to

do to get to a smaller more accountable government. >> that is not going to happen. >> i'm much more optimist than you are. americans have enormous capacity to change. >> you look at washington and you blend into all of the huge waste and everything else. it's a nightmare. >> i look at a guy like scott walker and bobby jindal and rick perry. there are state capitols where you are seeing real reform and real change and that gives me hope that we can do it here in washington. our james rosen had his e-mails -- you shake your head. >> every once in a while it is lucky on a grand scale. had the president of the united states, design a system to discredit fox because he decided this was a conservative channel and he was going to make sure it

didn't matter. now you find out at a level that is grotesque that a justice department was targeting a reporter at fox. when the "new york times" writes an editorial defending fox news i think everybody involved ought to feel fox is vindicated. these guys apparently to wire tapping his mother and father. >> phone records. >> it was his mother and father. my point is, first of all, going after reporters, even the president said we don't want to make it criminal for reporters to do their job. i think that here we have a remarkable vindication of fox news because you had somebody doing their job. apparently well enough to rattle the national security apparatus.

and somebody who was literally doing exactly what a good reporter should do on a nonpartisan basis. this was a national security story. i think that mr. rosen ought to take comfort in the fact that he becomes a symbol of what american journalism is about. >> i went back to october of 2009. anita dunn was talking about fox saying fox news often operates as the research arm or the communication arm of the republican party. if you go back and find the obama administration has been unhappy with fox news. and even excluding us from a cia briefing on benghazi. this is not something -- >> i think everybody at fox ought to be vindicated that you have seen the level of hostility which is unconstitutional and i suspect illegal and that there

should be a certain pride in having rosen as one of the team here because he did exactly what he should have done. he will become a symbol of freedom of press in the process. >> fascinating to see news organizations coming out on this. >> i think everybody across the system on every single network realizes that when you start having criminal potential proceedings and you start having secret gathering up of information against reporters you have really crossed the line of the first amendment and you threaten every news gathering organization in america. and i am delighted that people who may be deep opponents of fox have come back and i hope the entire team would feel a real sense of pride that this became a first amendment fight and that nobody allowed fox to become isolated. >> thanks. now to tonight's help our

nation. do you know somebody unfairly targeted by the irs? vote yes or no on our poll. straight ahead from the irs scandal rnc chair accusing of guerilla warfare. and evidence the irs targeting goes to religious groups. you will hear from one of the leaders from one of them. former congressman anthony weiner's website is grabbing attention. stay tuned. come here, boy. ♪ there you go. come on, let's play! [ male announcer ] there's an easier way to protect your dog from dangerous parasites. good boy. fetch! trifexis is the monthly, beef-flavored tablet

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breaking news a big change near the top of the irs. luis lerner the director of the exempt organization's unit haze been placed on administrative leave with pay. rnc chair reince priebus accusing the obama administration of political guerilla warfare gone amuck. >> how are you? >> hard to keep matters straight. let me start where i left off with mr. speaker about the investigation of james rosen and how the white house administration is handling that.

the president said he has respected the first amendment. this has gotten a little chaotic i should say at best. your thoughts? >> i don't think the president was shooting straight with us. neither was the attorney general. we found out late this afternoon that attorney general holder signed off on the request to subpoena the records of james rosen. i find that highly unusual and potentially involving a lie to congress. the house representatives had holder in front of the judiciary committee and he was asked a question by hank johnson, democrat from atlanta about the a.p. situation. and in the course of his response the attorney general said the following, first of all, you have a long way to go to try to prosecute the press for the publication of material. this has not fared well in american history. he said with regard to the

potential prosecution of the press for disclosure of material this is not something that i have ever been involved in, heard of or would think would be wise policy. he later goes on to say the focus should be to those people who break the oath, not reporters who gather this information. that should not be the focus of these investigations. it raised a doubt in my mind because the department of justice guidelines on this are very clear that any kind of subpoenas like we saw issued on rosen or the ap have to bear the approval of the attorney general before the re quest can be made or if the attorney general recuss himself they have to have the approval of the deputy attorney general. when the material was sought on james rosen holder was attorney general and now we know he signed the paperwork and yet he told hank johnson in front of a congressional committee less than two weeks ago this is something i have never been involved in, don't support, think it is an unwise policy.

you ought to go after the leaker and not the journalist who publishes the material. >> let me ask about this investigation. nbc has been reporting that holder signed off on it. what is with the investigation? one category is a good aggressive legitimate investigation within the administration's rights to pursue this and look for crime. the other is a sloppy investigation, overbroad and someone stupidly signed off on this or general stomping on journalists because they also went after the a.p. or targeting fox specifically because certainly the administration has been talking a lot about fox and the president has made cracks about fox and then you have anita dunn talking about fox. which is it? >> my gut tells me that going after james rosen was an attempt to go after fox.

and that the a.p. was arrogance. rosen takes place several years ago. the a.p. is more recent. no matter what the motivation of the administration since the publication of the pentagon papers there has been a very serious question about the department of justice going after the source of the leak within the government or the journalist who publishes the leak. over time very stiff guidelines have been pput in place that require a very high test before the justice department goes after the reporter and requires personal approval of the attorney general or his deputy. in this instance i think the administration went way too far and what their motivations were i don't know. it was just plain bad judgment and a chilling effect on a free press. when the president says he believes in a free press he ought to back it up by taking action to either discipline or

criticize his own attorney general for having done this. >> i will tell you what i think is so weird. number one, from the 1970s the department of justice has guidelines where if they want to subpoena recordskuzrqv go to th news organization and look for cooperation and try to narrowly tailor the request to meet their needs. they got the subpoena to get james rosen's phone records. and they did it secretly. they didn't notify the news organization. james didn't have custody of them. the phone company had custody of them. they by pass the normal procedures for what purpose? what did they think james rosen was going to do? i know it is targeted or just sloppy. >> it is sloppy because think about it from the other way. they knew who the leaker was they had a lot of information about who the leaker was. great american adviser to the state department. they knew his phone numbers and

his e-mail accounts. they knew the phone numbers of the fox bureau and of rosen because they asked for those phone records. they already had the records of the leaker. they should have checked to see who he called and talked to. and to criminalize rosen as a reporter, as a journalist they should be terrified as member's of the press. they went after him on the basis of saying he was part of a criminal conspiracy leaving the impression he was going to be indicted. he said what the administration is trying to do is if you mess with us we are coming after you. i think that is what they are doing in this instance. >> your thought about the irs before i let you go. >> it has a long way to go.

i listened very carefully to speaker gingrich. i think he had a great idea about bringing lerner back in and asking her questions to allow her to say fifth amendment 600 times. i hope another way they are going is very patiently interviewing all of these individual agents at the bottom of the food chain who were responsible for the face to face contact with the tea party groups who signed the letters and asked for the intrusive material and start with them in private interviews and government oversight committee staff and work their way up the food chain. i don't want to have a hearing in which we don't know the answers so let's start by asking questions and work your way up. i suspect we find that sydney thomas who illegally leaked the applications of cross roads gps and eight others that she plays an important role in this and her supervisor in washington is

luis lerner. i suspect we will work our way to the top and find lots of interesting information that will give us some leverage over some of these people. >> that investigation 101 is that you ask the people at the bottom. what did you do and why did you do it? and who told you to do it? >> work your way up. i think we are going to find that there are a lot more people who are aware of this and involved in this and had a chance to stop it and didn't. i think we will find a lot of people who helped in a very threatening way to use the power of the irs to threaten the political opponents of president obama and to discourage him from being actively involved in the political sphere. it was deployed on behalf of a liberal ideology against the president's critics. >> i am waiting to hear what everyone has to say.

hopefully that will be soon. coming up reverend graham is going straight to the oval office. and reverend graham is here to tell you. say it isn't say. not another online photo getting former congressman anthony weiner in hot water. house rule number 53. big time taste should fit in a little time cup. new single serve cafe collections from maxwell house now available for use in the keurig k-cup brewer. always good to the last drop. resulting in unexpected power and agility. experience the adventurous, all-powerful gator rsx850i. sixty-two horsepower, a fully independent multi-link suspension and a top speed of 53 miles per hour. it's a whole new species of gator.

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it gives you the tips, strategies and loopholes you need to know. get your copy of the obamacare survival guide at stores everywhere for $19.95. or get the internet only offer of just $4.95 and save $15. go to obamacare911.com to claim your copy now. tonight more evidence the irs targeted not just political groups but religious groups, also. reverend graham is taking his complaints directly to president obama. nice to see you, sir. >> nice to see you. >> you have written the president may 14th. i take it you haven't received an answer back. >> no. >> why did you write him? >> i did suspect a little bit.

billy graham evangelists on september we received a letter. >> boepth dated the same. >> we were being audited. and they have a long list of things they wanted. they have the right to audit us. this isn't an issue. we were glad to work with them. the agent that they sent, a nice fellow, very professional. there is a lot of great people in the irs. i don't want to broad brush that these are bad people. there are a couple of bad apples. they came and audited us. after the election we got a letter that everything was all clear and there was no change to the form 990. then the billy graham association was incorporated in minneapolis. we had moved our office from minneapolis to charlotte, north carolina. we decided to open up a north carolina corporation and file for tax exempt status. normally something like that

would be five, six, maybe nine months at the most. it took 14 months. and we had]-2 nine different followups with the irs asking them do they need more information. what is the status. they said it was waiting for someone to look at it. there is no reason for 14 months. so when all of this news broke i just started wondering if maybe the irs is targeting christian groups. since we have spoken up there has been a number of other christian organizations that have come forward saying we have been auditted, as well. i don't know. i have asked the president to look into it because if they are targeting us because of our conservative religious believes i think it is wrong. i believe the bible to be god's word from cover to cover. and i believe it to be true. jesus the way, the truth, the

life. i want to stand by god's word. when it came in north carolina we had the marriage amendment last year. we supported the marriage amendment and we took out ads with money that was donated for that purpose supporting the marriage amendment. >> after that you got the audit letters. >> and also the agent when he came mentioned that that had been one of the complaints. >> i want to ask you, oklahoma. >> our trucks are there. we had started coming in yesterday. helping people completely like it has been blown up. you go in with the homeowner and you help them remove the trash on their home, the debris so

they can find their personal items. maybe it is a picture or letters from a loved one. you help them save that. you go from house to house doing that. and then we start clearing off the lots. people who don't have insurance we will help them to try to rebuild some of their homes. >> i have seen it with my own eyes the work that they have done with the tornadoes and hurricanes. it is quite impressive with tractor trailers and chainsaws. it is fascinating to watch although it is a heart ache for people on the ground. people can read more about it on samaritan's purse. nice to see you. president obama announcing new standards for u.s. drone strikes. are the changes enough to satisfy critics of the controversial drone program. just when you thought the jodi arias case could not get crazier it did. now the jury is dead locked on life or death what is next tr

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♪ hotwiwire.com tonight an arizona jury dead locked on whether to sentence convicted killer jodi arias to life in prison or execution. >> state of arizona versus jodi arias sentencing verdict. we the jury in the above entitled action upon our oath find having considered all of the facts and circumstances that the defendant should be sentenced, no unanimous agreement. >> the judge declaring a mistrial and setting a retrial date of july 18. tonight prosecutors say they do intend to retry the penalty phase meaning a new jury will be found. should prosecutors be satisfied with life without parole. vote in our poll. we are back in two minutes. [ engine revving ]

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financial services. last night the obama administration admitting u.s. drone strikes have killed four americans on foreign soil. today president obama defend drone attacks as legal and necessary. the president announcing new and higher standards that must be met before launching future drone attacks. is that enough? your thoughts on what the president's statements about drone attacks today? >> i think one of the important things we got to look at i don't want to see a reprieve from during the administration. the drone attack should be down with the level command. it should not be controlled out of washington, d.c. that needs to be moved at a strategic level. we don't need to see the drones being used on the cia side where the rules of engagement can be

squirrely. i think it needs to stay on the military side. >> why have the decisions been coming out of the cia? it is a military action run by the cia? >> you have to ask the president about that. that is a decision he should be making when he is getting the briefings from his national security adviserer and team. i think the president coming out today and acting like this is a grand new thing he should have been doing that from the very beginning. should not allow that to be taken over from the cia. i think he was getting popularity and then it got bad press with the targeting of americans. >> a lot of receiving countries weren't too happy with the drones. they seem 250 be -- >> one of the things we have to do is understand there is a great quote i brought in here that says force is the means of war. to impose our will on the enemy

is the object of war. we have never declared who the enemy is. we have never said. george bush kind of said it and then backed away from it saying we are going to go after the terrorists wherever they are. we need to understand with this borderless boundariless battlefield we are going to go after this enemy, radical islamic terror groups wherever they establish themselves. one interesting thing about guantanamo bay these are hard characters. when the president talks about shutting it down i have to ask about the rate of residdivism. you can count on 42 guys to return to the battlefield. the other thing is that when you start closing down these facilities we had like in iraq or afghanistan and turn it back over to the host nations what about those individuals that are not iraqi or afghan?

we have the instant with with one responsible for the kidnapping and ritual murder of five american soldiers. we turned them back over to the iraqis. he is lebanese. the iraqis let him go. >> i think he said he was going to think about transferring back to yemen. what i understood is that he is going to seek to prosecute them in civilian or military tribuneles. >> we have to understand that one of the things he said we are going to prosecute terror suspects. this is a war. this is a combat engagement. this is not a police action. we should not be looking at bringing the guys to a civil court proceeding. i want them off the battlefield. >> we usually hold prisoners of war until the war is over. this is a brand new war. this --

>> it is non state. >> what do we do with these people? >> we keep them off the battlefield. >> i don't care as -- we saw this gentleman yesterday in england that said we are going to continue to fight you. as long as the enemy wants to continue to fight us, as long as the enemy believes they are in a state of war against us we are going to keep them off the battlefield. >> it means prosecute them and convict them and put them back in some prison. >> first of all, i'm not looking at putting these guys into the battlefield. i believe that is why we have military tribunals. the facilities are there for a purpose. this is a five star hotel. >> i have been in federal prisons in the united states. they are awful. and if you are in guantanamo bay you get sent into the federal

system prison and it is going to be a very different lifestyle. >> they have 30 cable tv channels. top rate medical care. >> if i were given the choice it's very complicated. federal prison is a lousy place to be. >> when the president stood up there he said there have been no large scale attacks on the united states and our homeland is more secure. fort hood, benghazi, boston. this is a fox news alert. a bridge has collapsed in washington state. part of the i-5 freeway span collapsed sending cars and people into the water. this collapsed section of i-5 is between burlington and mount vernon washington. straight ahead a new photo

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>> greta: okay, it's time to hash it out. it's happening again a new online with anthony weiner after getting caught tweeting let's just say pictures of himself. now, post politics tweeting features landscape of pittsburgh. it's true. weiner just launched a campaign for new york city mayor. his web site shows the skyline of the wrong city, pittsburgh. how did that happen? a technology company says it was their mistake. now, it shows new york. you'll probably recognize this guy.

>> that gangnam style video making sy recognizable around the world but not at the film festival. an imposter of the pop sensation making rounds at cannes but he tweets say hi to him that. is a good sport. and it's nice to be a hollywood movie star. tweeting morgan freeman fell asleep while interviewing him. i have that affect on people. yes. actor morgan freeman nodding off during the early morning news interview. maybe freeman should have appearances on the evening news? on the record perhaps? no chance twain wade will be dehydrated on the morning heat.

posted with the caption just came home to a packed gatorade machine. kids drink up everything. we're not sure but discussing that wade likes investigator yai.d now, you can hash it out with us. coming up what everybody is going to be talking about tomorrow. the real reason president obama may not have known what was going on at the irs, next. i'm so glad you called. thank you.

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