we are understanding people are in good condition. two others are still trapped in the rubble and we continue to hope for the best in the developing story. thank you for joining us on happening now today. we'll continue to keep an eye on this. america live starts right now. >> fox news alert. new signs that the recent scandals has eroded america's trust in the administration. welcome to america live. im -- i am megny kellie. the state department hand leling of benghazi and reporter phone records and the raising the doubts over the obama administration. the very woman who fed the american people the narrative that is so critized and so

poured over in the benghazi terrorist attack that killed americans received a big promotion. susan rice is about to be named president obama's national security advisor. she will replace tom donilin in a job that doesn't require senate approval. this is a reminder of what she told the american people five-days after the benghazi terrorist attack. >> the best assessment that we have today. in fact, it was not a preplanned and premeditated attack. what happened initially, it was a spontanous reaction to what had just transpire in cairo as a consequence of the video. months later ambassador rice was forced to admit there was no protest outside of our consulate.

president obama plans to nominate samantha power for rice's job. she quit the president's 20088 campaign after calling senator hillary clinton a monster for remarks which she laterr apologized. joining us now is jown sununu. governor, good to see you again. your reaction to the move to elevate susan rice to a more powerful position. >> it is sort of a trifecta with donilin leafing and samantha power going offer to the un and ambassador rice coming in the white house. it is not a surprise in terms of donilin leaving. you get worn out there and i think there were hints of this happening and the fact that he's bringing susan rice in confirms that the president is really comfortable with people

that he's most comfortable with . bringing susan rice in because he wants somebody there that he feels is loyal to him particularly in these troubled times with the republicans in congress putting pressure on and with these issues swirling around the white house. he needs to have chief-of-staff and national security advisor two people to trust implicity and that's what scus an rice's greatest credentials for the job. >> you understand that it is important that a president have the people he wants around him advising him. whether the american public like that person or think that is best for the job, that is important to the president. does it play in and is it important or relevant that the american people, some of them, many of them have real trust

issues with susan rice. they do . she has suffered a public humiliation in the hands of her boss really the white house sent her out there to tell her the story about benghazi that is since debunked. >> the white house sent her out there and frankly, the connection to benghazi on this may be more on the donilin side. my personal feeling that those talking points are orchesterated by the white house and that would have been donilin onthe national security side. so if there is a connection to benghazi, it is not just what susan rice said, but the fact that donilin was the key individual in the white house and probably in my opinion, the one most likely to have been the architect of changing what the cia started to say to what ended up being what susan rice did say. >> how important is this role?

>> i remember susan rice when barack obama ran the first time. she was a fierce political advocate for candidate and senator barack obama. no question she was a spokesperson for him and willing to tow the party line . towed the party line in the wake of benghazi and now elevated to the position that is important. but the question is, what will she be doing in the role and a role of which requires independence or you do want somebody who you trust. >> you want somebody you trust enough that they can tell you when you are doing something wrong . that's an important component of chief-of-staff and national security advisor. you will have enough of the president's trust. when you think he is going in the wrong direction he trust you enough to hear from you

that that is what is happening. it depends on the president, they have different styles and most white house since 95 or 99 percent of what comes out of the oval office and goes through the president and national security advisor and chief-of-staff. most communication with the president and the cab nit go throughh those two offices and communication with the departments go through those offices and they have the responsibility of leaving the communication on congress. >> to what extent do you view this as a thumb in the eye of the republicans that have been very concerned about benghazi and the story that is told and the talking points in which we were told flat out by the white house. they only made one change to that she wound up reading and that was false. they made many, many

substantive changes. they quickly wouldn't have wanted her to receive a promotion but the president is doing it anyway. >> the republicans are less upset and it is less offense and more defense. the president is bringing someone in to provide a layer that he has absolute trust in and dling in these tough times and with the republicans that are upset and deal the people that he has a strong comfort factor with. governor sununu, thank you, sir. >> as soon as the president is ready to announce ambassador's nomination he will go to the rose garden. 55 percent believe that i.r.s. scrutiny raises doubts over the over all honesty and

integrity. during those hearings, we saw witness after witness testify about what had been done to them and it put a face on the controversy and yet congressman jim mcdermont believe that the groups brute -- brought it on themselves. >> they are opposing the health care reform and abortion restriction and gay marriage. you are entrenched in controversial political issues in the country and with your applications, you are asking the american public to pay for that work. >> coming up in moments, congressman jim mcdermot will join me live and i will ask him about the most controversial comment perhaps where he was suggesting to the witnesses that they needed to tell him and the house ways and means committee, what

questions were appropriate for the i.r.s. to ask them. he is here after the break we will take in a few minutes. >> fox news alert. the search for survivors continues in philadelphia. you have been watching this unfold. a multistory building collapses this morning. a dozen people made it out of the collapse okay, but they fear two more are still trapped inside. trace has the upset. >> good news about that. they are talking to one of the people trapped inside still not known the extent of injuries. but 12 others brought out in stable condition. you can see the live pictures there. what happened there, one witness heard a caboom and one building fell on the other was right next to the thrift store. it a four story building, they have been in the process of demolishing for a couple of

weeks. the outside wall kind of collapse fell down. most of the injuries if you look at the back of the thrift store, that's where the warehouse is. that is where most of the injuries and the people who were believed to be trapped were located at. that was an active thrift store with people inside. what they believe happened they took the building away brick by brick and it finally collapsed. but the mayor and fire chief said the demolition company had all of their permits in working order and it was done by the book. you have investigators on the scene right now. the big focus. they have a buckle brigade going and trying to get the debris out and locate the people inside there. they pulled them out one by one there and have two more to

go megyn and we'll keep you up to speed. >> all right. trace, thank you. >> the woman in charge of the president's health care plann finds herself in a major debate that could cost a young girl her life. we'll show you why secretary kathy sebluous is refusing to get involved . the tea party groups, senator merdermot suggest they have themselves to blame. the congressman joins us next. >> i haven't heard a single word of the questions we ought to ask you about the tax exempt request. anything else like the circus in the oversight is simply political theater. but, dad, you've got... [ voice of dennis ] allstate.

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>> fox news alert on new fall out from the hearing we watched yesterday in the i.r.s. targeting of conservative groups. we heard tea party telling their story of i.r.s. harassment and detailing longg delays and questioning they were subjected to. congressman mcdermot from washington state challenged their accounts and motives. >> none of your organizations were kept from organizing or silence. if you didn't come in and act for the tax break, you would not have had a question asked of you. i get a feeling of many of you and my republican colleagues believe you should be free from political targeting and scutiny at all. >> now, washington.

we watched that yesterday and had a discussion about it and questioned whetherr you were blaming the victim as paul ryan suggested after you concluded the remarks. do you understand that criticism. >> anybody who made that criticism didn't listen to my whole speech. i spent five minutes and you are talking about one line. i said five times, that the questions they were asked were aggregious and out of bounds and shouldn't have been asked . i said that over and over again clearly, but i was tryi say this processs of asking for a tax exemption is once you ask for one, you open yourself up to being questioned. i think that we want the questions to be on both sides.

the only group that lostt and told they couldn't have a exemption a liberal group. >> you know hundred of cons everybodiive -- conservative. >> who cares? if you are stuck with three yearrs of no answer that is a denial. >> miss kellie. they can still operate. they can still collect money. they can put out advertisements and use their first amendment right . no body in the i.r.s. stopped them from doing that. >> congressman merdermont. they lost a is $30,000 donation. a lot of groups will not want to donate. >> that was not under testimony or under oath. >> you reject it? >> he didn't any proof. >> he was lying, is this your

answer to that? >> no, no. wait a minute. miss kellie, you are putting words in my mouth. >> i am not, i am asking you. >> you are putting words in my mouth. stop it >> you are rejecting that testimonial as not true. >> people can say anything and they do before testimony in committees. the fact is, that we don't know that to be true. if he brings us evidence we would be glad to see that. i offered you 30,000 and because you don't have a tax exempt i will not give it if he had a letter or something like that we had something to talk about. but people tell us in congress things all of the and the i.r.s. hears people say that all of the time and they ask for more questions and documentation and that's the

nature. thisthis is not an honor system for giving tax exemption. when merge america who training democratic woman to run for office, when they asked the i.r.s. for questions, they said no, it is political. >> it was the groups and so these women and men. we a full screen of the woman before you. it was their obligation and sue martinec of the right to life group in iowa sh have said this is inappropriate. they are not inappropriate questions. you have to tell me i will not picket or protest outside of planned parenthood. >> you seem to put the burden on honest american citizens who are applied for the status . there's nothing wrong with them doing that? >> you are wrong.

i notputting the burden on them. i am explaining the process. if you ask for tax exemption, you have to be prepared for justify. >> i think they agree on that. >> i said that the justtification asked for in these instances are on the wrong. i am on their side of them >> really? >> because let me ask you this. i want to get to this portion of your remarks which you seem to be put the burden on the good americans, telling their stories when you said the following here. >> i haven't heard a single word of what questions we ought to be able to ask you about the tax exempt request. anything else like the circus in the oversight committee is simply political theater. >> why is it their obligation

to come before the house ways and means and 3yearrs dealing with the harassing i.r.s. to educate y sir, ors i.r.s. on exactlyy what questions are appropriate and request which ones are not? >> that a rhetorical question to the committee and the chairman. why are we having these people who told us the story. let's get on to how we fix it how do you fix this? it is going to continue to happen if you don't fix it. there was nothing said in the whole hearing up until the time i was there . i stayed to the very end and no one talked about how do we fix this. >> i understand that. >> you did not phrase it as a rhetorical. you said i -- (talking all at once.) you.ught to be able to ask

the republicans were not making tax exempt question. it sounded like a direct question to the good men and women who took time. >> that's how you heard it we'll leave it for the viewerce. >> we have to go. >> my great pleasure. bye-bye.

>> developing this hour, one of america's leading automakers playing tug of war with the feds. chrysler refusing to recall the vehicles that could burst in flamings. that's not good. >> baby is doing great and back from maternity leave and her name is jackson.

>> just haven't seen you in a while. >> criselerr is not backing down on the stance that their vehicl no risk to the public. this battle between the federal agency and the autogiant could be rolling on for a while. they are having criselerr issue recalls throughh the 1993 to 2004 jeep grand cherokee is the following the deaths was 51 people who were killed after some models burst in flames. the nstha launched an investigation after receiving reports that the fuel tanks leaked and ht fire. and chrysler could have to shell out money to repair the

vehicles in questiona if the company issued the recall. the estimated cost of repairs would run two hundred per vehicle and totaling 5 40 million . chrysler group has been working and sharing data with the agency on this issue since september 2010. they don't agree with the conclusion and doesn't intend to recall the vehicle sighted in the investigation. they are safe and not defective . if chrysler doesn't budge, the next step would be to formally declare a defect. if that doesn't push them to action they could sue the automaker on its behalf. one we'll follow for you, megyn. >> fox news alert. wee word that someone came forward to claim one of the

biggest jackpots in u.s. history. who is nearly six hundred million dollars richer? we are going to find out together during this program. 2:00 p.m. eastern, they areannol winner. >> can't wait to find out. >> michael douglas made a shocking claimm about the it sparked a debate and the ways you can contract the disease. this is awkward and we'll navigate it through segment with the doctor. the major debate that winds up costing a young her life. we'll show you why secretary sebelius will refuse to get involved. >> she is letting our child die rather than do her job.

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c>> i 10 year old sarah needs an operation within the next few weeks or she will die. her case gets national

ation by the fact that few lungs are available and she is too two years too young to get on the adult list. people are asking for the change to be rul secretary sebelius said she would not intervene and now her destraught mother reacting the decision. >> let me give you the problem in a nut shell. last year eaver 170 adult lungs available for transplant there was one for kids under the age of 12. the reason that kids 12 were not eligible for adult lungs they didn't fit . now sarah's doctors are confident that adult lungs would save her life. medhas advanced, law

has not. last week secretary sebelius mom saying her hands were i don't have the authority to intervene, i can direct the optn to reexamine thegg allocation policy. but the regulation. and that is direct the organ network and revise the policy and practices to take such other action as the secretary determines appropriate . now she is telling congress that she is deferring to scientist and the organ experts. >> and it is -- >> i am going to reclaim my time. it simply takes your signature. a study will take over a year.

this young lady will be dead. >> and the family want to it clear not just fighting for sarah but all kids when lungg problems under 12, listen. >> i have not asked for special treatment for sarah on day one. i looked at the donor pool and the way the rules are written, this is discrimination against the littlest children. what i am asking for is equality. >> this family is longg on fight, but they are very short on time. >> all right. trace, than you. >> joining me more monica both are fox news contributors and secretary sebe went on to say yesterdaythe rules in place are there because the worst ofl worlds is have an individual pick and choose who lifes and dies and so she's

gone from saying i don't have the authority to do have the authority to do it and i will not exercise here. your thoughts? >> you can lookk at it from two different directions. by doing nothing, her hands are cl but in fact she is choosing who livd dies in this particular situation because the parents say. and this is what her doctor need and this law and this policy is ash contrary -- arbitrary . so to me, it seems like a no brainer and i don't understand the lack of humanity here that the secretary refuse to sign it . make it happen. >> the mother is saying we are not asking her to be moved in the top of the list. her children. we want her to be on the adult list. put her on it and go from

there and the secretary declined to do that. >> that is an important distinction. this family is not asking to zoom her in the top of the list. they want her on the adult list so can compete with others. she is supposed to live three-five weeks. the truth is here. i agree with kirsten. this is a profound lack of leadership on the part of secretary sebelius and of compassion. the secretary's health and human services and her department they have wide ranging discretion, megyn. they give exemptions on nonfda drugs for cancer and all kinds of exceptions for new technology and surgical therapis and this is not asking for something out of the ordinary or special

treatment and certainly not king for something that the department doesn't do on a routine ba ever single day. >> the reason that you have tual life you had man beings like sebelius is so theyn use discretion. not that we put monkeys in charge as a rubble stamp. they are human beings . there are bioethist in from a mediaavvy family orsure the noisiest person in line is bad policy. they need to follow the policy as opposed to the individual circumstances. >> i disagree wit that. that could be true but it could be true that a policy hasn't been changed that should have been changed. this is a human life we are talking about.

the bioethist to justify what they do. they tend to view human beings as defensible to a certain extent. in this situation. for the girl. it is going to be changed anyway. it sounds like it is arbitrary and they have found that science has not caught up and she is in this pool. why not change it and save this girl's life. >> she claimed when she spoke to congress, miss sebelius, 40 very seriously ill pennsylvaniians waiting for a lung transplant and te other children sick as little sarah who need a transplant. she seems to be suggesting, i will not behe one who said it is lungs to go to the other people will go to sarah

because she feels that that is choosing between who lives and dies. >> she is saying, i don't want to play god and deciding who gets on the list and doesn't. ndertook the review and it will not be done time for changing sarah's life. don't just do it for sarah but the other children who are gravely ill. this should be on the adult list and competing for the available lungs. make the change now and don't just make the exemption for sarah but all of the children who fall in the categor yewhenwhere they will survive the operation. >> they are saying it is discrimnatory against the children. i guess thankfullyy, we have fewer children who die and available as organ donors than people who life to full maturity. that places children needing

organs in a disadvantage. final thought kirsten. this represents a world view or a honest broker trying to come to a good decision? >> think both can true . she can be a honest broker and a world view that she will stay out of this and that makes it so that she is not choosing who lives or dies. i can argue she is choosing by helping them to get on the list. no one is saying she should be jumping to the head of the line that would be different. this is more about giving her fair acess in a pool where she may be able to survive. >> you know, gives you a lot to think about in terms of organ donation as well and you can see little children

suffering like that. thank you so much. >> coming up, a hollywood actor shocking claim of the origin of the throat cancer and sparking a debate on the you can contrac to get into that i ae'll try respectful mann after the break. i hope you bear with me. >> breaking news, jay carny questioned about why susan rice got a big promotion when she is still in the controversy of the talking points of benghazi and why she told a story that is debunked. wait until you hear what just happened.

>> the buildingollapsed and a dozen peop made it out okay. they m be trapped inside . we'll have more information on that as we get it. >> hollywood actress shocking claim of theigin of the throat cancer is sparking a growing debate over the throat cancer. michael douglas said it was contracted by a disease. i apologize for the viewers

for being squeamish it is 1:45 in the afternoon. he claim that is certain sexuall activity down south in rio as we say, south of the border on a woman's body led toim contracting throat cancer and as it turns out, this is fairlyy common? >> you know, it is not fairly common, but redirect the conversation to the human papa loma. >> he blamed it on. >> right. his particular throat cancer is associated with the hpv virus and his exposure many, many years before the >> 10-15 years earlier, you contract hpb . from a partner who has it and 10-15ears later you wind up

with throat cancer and this is according to the stats, accounts for more than half of the cancers diagnosed, they are linked hpv. we knew it could cause cervical cancers and all cancers below the waist and now throatcers as well? >> hpv is ubituous and we will meet it if we are sexuallyy active people. most of us will have no serious consequences and don't need to be frightened . we should continue to do what everyone told us to is practice safe sex. >> they don't practice safe sex. we'll leave i at that and now the question is whether men need to be worried and women with their partners about

contracting throat cancer. >> it is a boon for the dentist industry. y will look inside of the throats of their patients to see if there early signs of the issues in the back of the throat. that will affect the tonsils and tongue . the human papa lomaus vaccination for the young people is the way to go to reduce thencern. >> 21 as a man or 26 as a woman get the vaccination. there are different strai and only a couple cause ca. >> that's correct. >>ome don't have to worry. >> there are more than 4 strains and number 16 and 18 are the terrible ones and that's how the vaccination works to prevent those strains from infecting you. >> once you get it.

you can cleanse your body of it? >> i thought it was like the other std's that are with you and not like taking pen sillin. >> your immune system will really again, the focus is not get too freaked out andet good information and go about their day as safely as possible. >> is this typef throat cancer more treatable than others? >> he was successing a 95 percent chance of not reoccurring and the arcticles suggested that it is easy to treat. n this case it popped up as stage four cancer. >> e four throat cancer is a rare event. most of us, we are never going to see this most of us not an issue in our lives. >> pay attention, and stay on

top of that and it is something far worse than tonsilitus; i think we did okay on that . thank you foraring with us. it is an important subject. >> looking like a scene the hit show wi. we'll tell you. dad. how did u get here? i don't know. [ speaking in russian ] look, look, look... you probably want to get away as much as we do. with priceline express deals, you can get a fabulous hotel without bidding. think of the rubles you'll save. with one touch, fun in the sun. i like fun. well, that went exacy i as planned.. really?

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>> it is a way it goes. ♪ ♪ >> this sounds like a scene out of the show t hit weeds. but it isn't. a suburban mother twos facing drug charges for running a multimillion-dollar drug operation. >> her name is inand lives in

scars dale. upscale of new york and belongs to the country club and tellsriends she is an interior designer and she sells all right. but notaby furniture. back in april, a new york pot ring got bust one of the suspects ratted her out. she had a warehouse and it was filled with one thousand marijuana plants. they wondered why she used electricity . irrigation system. she was netting millions of dollars on the pot empire and now her lawyer and trying to get her out because she is a single mother of two young girlings. a 13 year old and three year old. she is facing 10 year in prison if she is convicted. by the way, the creator of the show weeds called h bust, a

bummer. we enjoyed your previous segment. that was a hit in los angeles. huge. >> you know, there are certain words you don't want to say on tv and there was a long list of them that could come up in the 1:45. >> nothingg with rio. >> turns out there can be something wrong and you need to know in advance and plann for it. see you, trace. >> very well done. >> fox news alert. we got word someone came forward to claimm one of the biggest jackpot in u.s. history. who is six hundred million rich three minute to a scheduled news conference where they will tell us. ... try new alka seltzer fruit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!

>> one of the most polarizing figures in his administration. susan rice goes fromm ambassador. i am megyn kellie. we doubt it, right. we'll see? ambassador rice is replacing current advisor tom donilin who is stepping down.

controversy stems from her appearance on five sunday talk shows following the terrorist attacks in benghazi. she appeared the following sunday, and all of these shows claiming that the terrorist attack was a spontanous event and down plays any terror connection and challenged the president of libya who suggested it was preplannned and it was terror and we know that she and others in the administration knew much, much more about the topics she was down playing at the time she went on the shows. moments ago, ed henry said press secretary jay carny asked abouthe ambassador's shifting narrative. >> she is one of the most qualified experts in america. how did she get it so wrong? >> i would welcome the

opportunity to correct the record for it to persist in misrepresenting the facts. you have seen the so-called lking points you have seen the testimony of the deputy director of the cia and the documents that demonstrate that the centralpoint that they made was drafted in the first instance and every instance. why did they say and they immediately knew it was territor and she is so experienced in these matters, why wouldn't they see it as they saw it. >> you are suggesting that a senior member should disagree with thessistant to the cia. >> and that is perhaps. >> one point general petraeus,

he didn't want to agree with anymore . cia director didn't think they were worth anything. >> joining m now is ed henry and chief white house correspondant. it is interesting to hear him say they are misreporting in the wake of what he said about thealking points and specificlyy saying they only changed one word from diplomatic post to consulate and now we know that that was not true. that is not a partisan thing. it is a fact and not true what he said. it is better to be on offense than defense when you are the white house secretary. ed? >> sure, there is the story from the administration and then jay carn yehe is trying to shift it and say it was just a lot of washingt

insider stuff about talking points and susan rice didn't change it. she was getting a prelimbary assessment and we have littigated it and what is most interesting a president who is suggesting to turn the page on benghazi wants to focus his agenda and other things and now picking aight with the republicans. she does need to facehe confirmation hearing, he knows full well they are blocking her fromm becoming secretary of state and they don't believe her story andt believe she told the american people the full truth. this is a way to install her as national security advisor which is powerful position in the white house and samantha power nominated to be placing susan rice .

she called hillary clinton a monster in the campaign . jay carny was whetherr - powers will have a tough senate confirmation and he said he doesn't think so. republicans will have a lot of tough questions. you heard about i think what the president is signaling here, republicans seeking bipartisan ship at the beginning of this second term. this is more of a defiant move we're about to see in the rose garden this morning. >> samantha power, the woman taking over as u.s. ambassador. she called hillary clinton a monster and then later apologized. is this being taken as some sleight of hillary clinton? i'm sure the clintons aren't so happy about ms. powers' comments. it was a long time ago. there is forgiveness.

i don't know if hillary clinton haser wei ever weighed in on it. >> reporter: she did apologize for it and ended up serving in the first term in the national security council when hillary clinton was secretary of state. they worked together a little brit. i think there's a feeling inside the white house they move beyond tone at least in terms of at controversy -- >> that would be awkward. >> reporter: yeah, could be awkward. substantive stan, susan esident and aggressive about the terventions. more aggressive than outgoing security adviser. what will that mean for syria where president is being criticized for not intervening, letting the slaughter go on, not intervening with a no-fly zone. benghazi will be a question and

other questions substantively aboutyria and other -- you know, how much of an imprint susan rice will h going forward. >> ed henry, see you in a moment. >> on the benghazi timeline tha prove be so troubling for ambassador rice, we'll take it epte15th, days after the attack, ms. rice went on all five sunday talk shows and said the attack was spontaneous and downplayed any terror connection, even though she had seen talking points full of discussions about the terror. a month later, october 16th her first public comment since the sunday shows, ambassador rice blame intel community for the talking points and their faulty information. in early november she was mentioned as a top can dpdidate replace hillary clinton. november 19th nearly 100 house ns wrote a letter to president obama to him from nominating her to that

post. november 27th she admits to republican senators there was never any protest in benghazi, something news outlets had been administration was telling us so. december 13th she officially withdraws her name for consideration for stary of state, a position now h by john kerry. today we get this. susan rice about to be named national security adviser by the president. and that happens just as former ambassador thomas pickering who led the review at the state department of what happened in benghazi and how we got to all these conflicting explanations and, you know, all the errors that took place and, of course the lack of security that left ambassador and three others sitting there like sitting ducks on a terror anniversary, 9/11. in any event, ambassador pickering ran that investigation but he neglected to interview the one key figure in all of that was secretary of state

hillary clinton. yesterday he gave a lhy closed door deposition before lawmakers. sat ther more than three hours asking -- or answering questions. and one of those questions was why didn't you talk to the secretaof state when you conducted your so-called comprehensive review? jason chaffitz in that closed door meeting. good to see you. what was the explanation? >> we were in there for about s. i was in there for 90% of it. in the spirit of what we agreed to do in that room, i think the transcript will be made public. i can't get into the direct specifics. i will tell you that i think the accountability review rd, report is incomplete. they didn't interview certain key people, didn't look at certain things and we as a

congress should be able to look the same documents and talk to the same people the accountability review board looked at. >> it's all well and good to talk to ambassador pickering who conducted the review, right? he talked to people so it's interesting to talk to m. he end of the day who really cares because he just investigated in what happened. he didn't participate in what happened. i think the amen people following the benghazi story want to hear from secretary clinton who went before congress once, but to be honest, it wa very fruitful. now we've learned a lot more since you guys have held more hearings. that likely to happen? >> i hope it does happen. we seek truth and julstice. we have four dead americans, thousands of people serving overseas. of course we have to get to the truth. >> forgive me for interrupting you, but with all due respect, that sounds like rhetoric. you hope and -- >> no -- >> i know, but is it likely to happen? >> if it was up to me she would have been up here a few months ago. i would like the secretary of

state who says she takes full responsibility for what happened. i would like her to explain and answer questions, what she knew, what did she do, how didhe create this death trap benghazi and tripoli -- >> how do you make her appear? how far will you go? >> if we have to issue a subpoena, i think that's within the realm of possities. we have been doing an accelerated job, even though itaken like nine months to this point. there are more and more whistle blowers coming forward. we're doingre and more interviews. the state department on friday owes us an answer on how -- we've issued a subpoena. they owe us documents by friday. we asked secretary kerry to provide 13 people to the united states congress so we can interview those people. we've got to lay -- continue to lay the foundation and then brick in somebody like secretary clinton. i don't think you bring her in and then go talk to lower

people. bring them in first and then bring her? >> you have been follong you went over there on a fact-findingission. your reaction to president's >> it doesn't instill trust. at the end of the day the national security adviser you're payment forjudgment. you want somebody who's got good judgment. she obviously did not exercise good judgment. she said she read the daily intense briefs. well, thatld lead you naturally to believe the terrm had to be involved in benghazi. and so i think she has terrible judgment. the president is rewarding loyalty. and not necessarily perspective and judent. there's a reason he's appoi her to a position that doesn't require senate confirmation because there's no way she could pass that. >> b i let you go again, because i want to follow up with you on that. why shouldn't he name her, th? isn't he effectively the one who

sent her out there on those sunday talk shows, and she was given these talking points that we now know were drafted by the intel community but were heavily edited by white house input, so why should that be a career-ender for her or prevent her from getting this promotion when it really was her higher-ups who put her in that position to bin >> well, i hold president obama personally responsible. that's -- the buck stops with him. it's his opportunity to present. but i totally disagree with jay carney, the white house spokesperson, the way he lays it out. on september 12th there wasan internal document within the state department thatid al shariah committed that at and we told the libyans that. through the process theuth was the one -- was the causalities here. it got further away from the truth, not closer. and when ambassador rice got those talking points, not only did she use bogus, made-up,

based on myth talking points, she embellished them and started injecting other parts into the discussion we had never heard before, because they were made up. they were never true at any po in time. >> it's interesting to hear you talk about what the state department knew with regard to al shariah because the u.s. ambassador answers to hillary clinton, that's her oversight department, the state department. >> yes, yes. >> there was always a question about why they sent out ambassador rice and not hillary clinton on those sunday shows. i'll give you the last word, sir. >> she didn't know anything. that's her claim. you know what's offensive? she still has not apologized for misleading the american people. perpetuated a myth. now that she knows the facts, it's common knowledge it's a lie, she should apologize for that. >> we'll wait for that as we watch the rose garden ceremony -- >> don't hold your breath. >> congressman chaffetz, good to see you. >> we're wi two minutes of

the warning. it's not insignificant. it says something beyond who he trusts to choose ambassador rice. we would like to speak with our fox news digital policy editor and host of power play on foxnews.com. the number of independents have neom 45% believing president obama is honest and straightforward to 27% who now believe that. >> yeah. what tells you -- what this tells you, what susan rice's pick tells you -- samantha powers' pick tells you th time toircle the wagon, surround yourself with loyalists and go inside and have peo you know you can trust when times get tough. >> as you speak, the president

comes out to the electrlectern. we'll speak with you momly. >> thank you, everybody. thank you. please, everybody have a seat. well, good afternoon. it is a beautiful day. and it's good to see so many friends here. of all the jobs in government, leading my national security team is certainly one of the most demanding, if not the most demanding. and since the moment i took office, i've counted on the exceptional experience and insights of tom donnellon. i've started each morning with tom leading the presidential brief. hundreds of times. a sweeping assessment of global developments and the most pressing challenges. as my national securityadviser,

his portfolio is literally the entire world. he's deathly advanced our strategic foreign policy initiatives, while at the same time having to respond to unexpected crises and that happens just about every day. he's overseen and coordinated our entire national security team across the government. herculean task. and it's nonstop, 24/7, 365 days a year. today i am whistful to announce that after four years of extraordinary surface tom has decided to step aside at the beginning of july. and i am extraordinarily pro to announce my new national security adviser, our outstanding and ambassador to the united nations, susan rice, as well -- [ applause ]

swms my nas well as my nominee replace susan in new york, samantha powell. when i first asked tom to join my team, i knew i was getting one of our nation's premiere foreign policy leaders. somebody with a deep sense of history and a keen understanding of our nation's place in the world. he shared my view that in order to renew american leadership for the 21st century, we had to fundamentally rebalance our foreign policy. and more than that, he knew how we could do it. see, tom's that rare combination of the strategic and the tactical. he has a strategic sense of where we need to go and he has a tactical sense of how to get there. moreover, tom's work is legendary. he began public service in the

carter white house when he was just 22 years old. and somehow he has been able to maintain the same drive and same stamina and same enthusiasm reverence for serving in government. he's helped shape every single national security policy of my presidency, from forging a new national security strategy rootsed in our economic strength here at home to ending the war in iraq. here at theite house tom oversaw the operation that led us toin laden. he's helped keep our transition on track as we wind down the war in afghanistan. at the same time, tom has played a critical role as we bolstered the enduring pillars of american power. strengthening our alliances from asia to europe, strengthening key allies and head with clean energy. from our tough sanctions on iran to unprecedented military and intelligence cooperation with israel, it's true, from new start with russia to deeper partnerships with emerging

powers like india to stronr ties with the gulf states, tom has been instrumental every step of the way. i'm especially appreciative to tom for helping us renew leadership in the asia-pacific where so much of our future security and prosperity will be shaped. he's workedss to construct a relationship with china. i'm grateful tom will be joining me as i meet with president of china this week. i'm personally grateful for your advice, your counsel and mostof all for your friendship. whenever we sit down together, ether it's in the oval office or the situation room, i do so knowing that you have led a rigorous process, that you've challenged assumptions, that you've asked the tough estions, that you've led an incredibly hard working nation security staff and presented me with a range of options to advance our national interests.

a president can't ask for many -- anything more than that. and this is a testament to your incredible professionalism but also your deep love of country. i know that this relentless pace has meant sacrifices for your family, for kathy, who's here, dr. biden's former chief of staff, who i was to nominate as our new global ambassador for women, and for tom and kathy's wonderful children, sarah and teddy. so today i want to thank all the donilons for their abiding commitment to public service that runs through the family. you've been with me every step of the way these past four years. and the american people owe you an enormous debt of gratitude

for everything you've done. you've helped to restore our nation's prestige and standing in the world. you position us well to continue to lead in the years ahead. i thank tom donilon has been one of the most effective national security advisers our country has ever had, and he's done so without a lot of fanfare and a of fuss. tom, on behalf of us all, thank you for your extraordinary service. now, i am proud that this work will be carried on by another exemplary public servant, ambassador susan rice. susan was a trusted adviser during my first campaign for president. she helped to build my foreign policy team and lead our diplomacy the united nations in my first term.

i am absolutely thrilled that she'll beack at my side, leading my national security team in my second term. with her background as a scholar, she understands there's no substitute for american leadership. she is at once passionate and pragmatic. i think everyone understands susan is a fierce champion for justice and human dignity and mindful we have to exercise our power wisely. having served on the national security staff herself, she knows how to bring people around a common policy and come to completion. here in the country that we've pledged to defend and in the daily lives of people we're trying to help around the world. having served as an assistant secretary of state, she knows our policies are stronger when we harness views and talents of people across government. so, susan's the consummate public servant. a patriot who puts her country first. she's fearless. she is tough.

she has a great tennis game and a pretty good basketball game. her brother's here, who i play with asionally. and it runs in the family, throwing the occasional elbow. but hitting the big shot. as our ambassador to the u.n., susan has been a tireless advocate in advancing our interests. she's reinvigorated american diplomacy in new york. she's help to put in place tough sanctions on iran and north korea. she's defended israel. she's stood up for innocent civilians to libya. she supported an independent south sudan. she raised her voice. she exemplifies the national leadership so thank you for being willing to take on this next assignment. i'm absolutely confident you'll hit the ground running. know years after commuting to new york, while ian, jake and

maris stay in washington, you'll be the first person in this job that will see their family more by taking the national security adviser job. now, normally i'd be worried about losing such an extraordinary person up at the united nations and be trying to figure out, how are we ever going to replace her, but fortunately i'm confident we've got an experienced, effective and energetic u.n. ambassador in waiting in samantha powell. samantha first came to work for me in 20 05, shortly after i became a united states senator as one of our country's leading journalists, i think she won the pulitzer prize at age 15 or 16. she sd us we have a moral

responsibility in defending human dignity. she's been a relentless advocate for american interests and values, building partnerships on behalf of democracy and human rights, fighting the scourge of anti-semitism and human traff trafficking. you will find no stronger advocate than samantha. over four years she's worked hand in glove with susan in her role because she's been the lead white house staffer on issues related to the united nations. i'm fully confident she'll be ready on day one to lad our mission in new york, while continuing to be an indispensable member of our security team. she knows the strengths, the weaknesses, he knows american's interests are advanced when we can rally the world and she knows we have to stand up in thing foss believe in.

i would strongly urge the senate to confirm her without delay. so, samantha, thank you. to cass and you and declan and rian for continuing to serve our country. this team of people has been extraordinarily dedicated to america.q85g they have made america safer. theyhave made america's values live in corners of the world that a crying out for our support and our leadership. i could not be prouder of these three individuals, not on theiintelligence, not only their savvy, but their integrity and their heart. and i'm very, very proud to have had the privilege of working with tom. i'm very proud i'll conti have the privilege of working with samantha and with susan. so, with that, i'd invite tom to say a few words. tom?

>> we're going to stream the rest of that on foxnews.com if you care to listen to the others speak. i'm rejoined by chris. he described susan rice, first of all, said he's extraordinarily proud to announce her and described as a patriot who puts her country first. the consummate public servant. you know, that's interesting because of course he believes that but that's been one of the criticisms of susan rice, that she didn't put her country first. that she put the political views of those at the state department or the desire to protect a cer narrative first. this is the criticism. this isn't me. suggesting that she needed to be more honest and forthright with the american people on the sunday morning talk shows, or in the days and weeks er than many people did. >> did you hear that sound behind me? did you hear it? it was a sound of remote controls shattering against the wall in the capitol on the senate side as lindsey graham

and john mccain and -- how could that, say that about her? and they're mad, i bet. i bet they're mad. you know, they feel like they have a right to be. they feel like they have a right to be. that's fine. y can be mad but he doesn't their approv appointment her, to be his most important adviser on national security. i heard you talk to congressman chaffetz and talk about what is her judgment and that. it doesn't matter. this is the inner part of the inner circle. this is the capital of obama land and hets his people around him. he has an administration that is beset by scandal, that is plagued by constant problems now. and he needs his team. he needs these people who have been loyal to him since before he was president, who are really ama people around him to get through these tough days ahead. >> you know, there has been a question asked earlier this week

whether obama's charm offensi with the republicans was over. does this now answer that? >> yeah, he'll have to take them to more dinners when you -- you know, as ed henry pointed out before, you're saying to republicans, oh, you know how you were talking about benghazi? well, guess what, she's going to be briefing me every day. so, there is aof the flouting of the congressional outrage. again, that's whatever. that's his prerogative. but the deal with susan rice and the deal with this now is you start to get a little bit of a bunker theme going here inside the white house that they've circled the wagons, they've come together and it's the real loyalists, people like samantha power, whose husband, cass was a mentor to the president, long-time friend. these are the insider-insiders because he's going to need them. >> "the wall street journal" editorial before we got to the white house remarks, shows

that 41% do believe the president is primarily responsible for what happened in benghazi. and so he hasot gotten away with a complete pass even on that, because the numbers are higher, i think, with respect to irs and s. but in any event, nonethel chris, his job approval remains the same. it's 48% approve of the job he's doing. that matches the poll they did in april. while hesyncing with independents, overall he's still okay. >> it's metastasizing. it will get worse over time. they ho to have a controlled burn that doesn't torch him completely but that he'll just sink over the days and months to come. he will and they know that, but they think they can ride it out with the loyalists around him. we'll see. >> thank you, sir. >> you bet. >> inder, we are still expecting the announcement any moment now on who won the biggest poall price in history.

they're going to make the announcement at 2m. eastern. hasn't happened yet why not? somebody's in the back counting their money. more than 500 million beans. as you saw in our last hour, we were able to speak with democratic congressman mcdermott of washington state who suggests the tea party groups may have themselves to blame for the fact they were targeted. [ male announcer ] this is kevin.

to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. fox's alert to philadelphia where fox affiliate wtfx in

philly is reporting one person died in that building collapse we told you about earlier. 13 people were pulled from the rubble alive after s four stories of building wound up collapsing on a salvation army store. sadly,n now confirm that one other person did not m it. search and rescue operations apparently still ongoing. more on this as we get it. back now to a story we' been following today on the fallout from a hearing yesterday before the house ways and means committee before congressman jim mcdermott suggested the tea party groups and other groups who were testifying, and who were targeted by the irs, may have brought the agency scrutiny upon themselves by applying for tax-exempt status. i had a chance to ask the congressman about that last hour. >> but what i was trying to do w to say, this process of asking for a taxi exemption is one that once you ask for one,

you open yourself up to being questioned. and i think that we want the the only group that lost that was told they couldn't have an exemption was a liberal group. >> yeah, but hundreds of them were kept waiting for months and months and actually years at a time. >> they were never denied -- >> who cares? who cares? if you're stuck for three years with no answer, isn't that the same as an effective denial? >> they can still operate. they can still collect money. they can still put out advertisements. the can use their first amendment rights. nobody at the irs stopped them from doing that. >> why is it their obligation to means committee after aight nd from iowa and three years of trying to deal w the harassing irs to try to educate you, sir, or the irs on exactly

what questions are appropriate >> that was a rhetorical question the committee and the chairman. why are we having these people, who told us their story, we got it out of the way. now let's get to the real question, how do you fix it? how do you fix this because it's going to continue to happen if you don't fix it. there was not anything said in the whole hearing up to the time i was there. in fact, i stayed till the very end and there was never anybody talking about how fix it. >> i understand that, sir, but you did not phrase it as a rhetorical question to the republicans. you said i haven't seen you think, you think we ought to be able to ask you about your mpt request. the republicans weren't making tax-exempt requests. it was the people before you. so it sounded like a direct question to the good men and women who took time out of thei day to speak to the irs --

>> that's how you heard it. >> joining me now, tony sayek. let me start with you, richard, as the democrat. your thoughts? >> start with him. >> he w life line. i don't blame you. >> i'm sorry, what was the question >> listen, i want to say, i was glad he came on. i was glad he came on because we were critical of the program yesterday, and he knew that because he has good press people sxeshgs came on anyway. i respect that. >> it was brave of him. controversial statements and then they hide. they don't want to talk. good for him for coming out and talking to me. the american people will decide what they think of it. i wonder what you think of it? >> i thought it was a great interview. i thought you let him make his points, but you saw his frustration with this issue generally. i think the larger issue he was trying to raise is why should these groups who have a political mission, whether on the left or the right, get

tax-exempt status. why do we have a system in this ntry -- >> that's a on. question, and one we can debate reasonably. the way he went about it was arguably alienating because it sounded like he was blaming the victims. we put up the fullscreen of the witnesses -- the lady from iowa who was there, talking about how much they put her through. look at these women. they're just regular american women who were they fly into washington, d.c. to give their testimony before the house ways happened to them.ee about what and then you've got these lawmakers saying, well, i haven't heard you tell me how i'm supposed to solve it. >> and blaming the defense strategy, which is ridiculous, althoughcongressman tried to walk it back. if what richard suggested is the fact that the irs does this, an even-handed objective process, which they have the right to do. they should audit groups if need be, check on stat question groups, but why were no, in this

matter, liberal organizations, organizations with words like progressive, organized, occupy, involved? >> not only that, but to either side, the amount of detail they went after is -- without argument, inappropriate. some questions, every donor, every speech you've given, every facebook page, any tweet, anybody who's spoken before your group, what did they say? anybody who is connected to you who might some day run office tell us -- that's not okay. >> are you going to protest? that's wholesale -- >> that's not correct to the lefright. >> it's wholesale targeting on ght, t way mcdermott handled this by saying, i thought the questions they were forced to answer were unjustifiable but you brought it lf by trying to be a system ofrnment. i thought that showed a real aloofness and could show how democrats couldoverplay their hands here. we talked about republicans

political sizing this, taking it too far and losing contradict. i think people like congressman mcdermott -- >> that's one point for him to make when he's talking to his other republi or one-on-one with an interviewer or me. heas the victim sitting there, right in front of him. the one woman was in tears moments earlier and his respon^ sounded callous to some. democrats are frustrated because this is a serious situation that hasn't been handled well. from a communications perspective, it has not been handled well either. but it's a difficult situation. there seems to be some -- seems to have been some serious wrongdoing that took place on president obama's watch. i mean, i don't think there's any suggestion that president obama knew anything about it. i don't think -- >> some are suggesting but certainly no proof. >> certainly no proof. there's no proof that he knew anything about it. i think there's no proof -- >> but it's frustrating for the left because it's like the irs mucked up the argument now because the left had been

pushing to have greater scrutiny of these 501c4s and many fair-minded people on the left are saying, not that much. >> there are been people on the right who hav pushing to have greater scrutiny of the left-leaning 501c4s, too. we have a country you can get tax-exempt status for doing political work, left or right -- >> let me ask you this. i raised with him the testimony of the man who lost a $30,000 granted because he wasn't getti and he suggested that man may not be believable and people say things in front of congress all the time. what's that about? why go after the witness? i mean, he tripled down. >> again, blame the victim. also the man who represented the pro-marriage list whose donor list was leaked out, traced back irs. the human rights campaign published that list and his

donors were targeted by leftist groups. >> he seemed to reject that. >> that's the arrogance people is going to think is worse than the crime in first place. i think that's why democrats have to be careful not to dismiss the se of this. >> we have to go. we have breaking news. we got word that the parents of the 10-year-old girl looking for the lung transplant has filed a lawsuit. :::: :::

fox news alert. a developing story from last as have just now

received word that the parents of this young girl have just filed a lawsuit to change the rules that they say are preventing their child from getting a life-saving lung transplant. sarah murnaghan is just 10 years old. if she was 12, her parent say she would be getting the help she needs. her doctors say she only has a few weeks to live if she does not get a lung transt. now her parents are hoping a court will step in and force kathleen sebelius to do what the parents say is the right thing. joining me n discuss it, arthur and joan, fo prosecutow defense attorney. we just got this it's the press release that -- yeah, go ahead. >> what i see, what they're challenging is that th under-12-year-old rule was crafted in 2004 where it was difficult, it was a medic challenge to take adult lungs d put them into somebody that small. it's a size issue. b now the lawyers are arguing

in their papers that that's no longer the c. now that the -- through medical logy, think about the advances from 2004 to 2013, it's not a challenge anymore. that was the oly reason why that 12-year-old rule there was use adult lungs didn't help little people almost tenears ago but now adultlungs can help lle so there should not be discriminati adults and children, 12 years old being the dividingline. >> they say in this press release, we're not looking at the actual complaint yet, but a federal courlawsuit, they say kathleen sebelius has the authority to directs federalgan aside it's arbitrary rule preventing children under 12 for being considered for the much larger lung pool of adults. that they're saying this is arbitrary. thatn important legal term. >> it is an important legal term, but i think the only person that could set aside this rule is not the secretary of

health and human services but, instead, the judge that they now in brought this injunction before. they're going to win or lose on one issue, and that is, are they exception to the under-12 rule exception to the under-12 rule >> megyn: sounds like the latter. have a chance.e bu that, they if the judge views it as we want an exception, unfortunately they won't prevail. >> from the limitedformation we far, they're asking for an injunction, they're king to set this law aside saying it's inapplicable. it'san 18 paige document. they're going to throw all that in and the basis that makes sense, it's reasonableness. you should translate these in a reasonable manner. the dividing line was 12 because nine years ago the adult lungs didn't help little people.

now it can. >> megyn: miss sebelius order add review of the rule it will take twors. the parents argue i s to be done immediately and are filing for an emergency motion. the child has three weeks to live. will they get meet response from a judge? that's next. 1orñpoññññññ

>> megyn: just reviewing the press release it does say the murnaghan's are clear they're not asking an exception. they say the rule violates the national organ transplant order and -- and they address the unique healthcare needs of children. is the judge going to take this on in an emergency basis?

they're askin to forcebel to ma an exception. >> it depends on judge and they have.ntestinal fortitude this is a case that pulls on the heartstrings. you have to find hardal precedent, something the judge can hangor her hat on and say listen, here are other cases, similar types of cases. there's not anything exactly like this but as long as they can do a legal analysis that makes sense, and i'm the judge, obviously i'm going to try to do everything ito get it. >> you're not able to do a analysis that makes sense in five minutes. but the nature of relief is if don't get immedite relief, there's irrepairable harm. the judge could say your argument has enough legs that i will set this aside for themomey your der hopefully to get the transplant.

at the end of the day they may not changed the law. >> megyn: if they prevent her from enforcing this possible, sebelius, and t child gets on the adult list gets lungs and a reversal happens in a higher court before there's -- i mean. >> big deal. nobody's going to get in trouble. >> thie they have the resources. >> we'll be right back. when i got the call from adt, my heart starting raci.

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