ball. maybe he's an up and coming ball player. >> he's got the ball. >> that astroturf. >> thank you for joining us everybody. america live starts right now. >> bye bye. woe begin with a fox news alert. brand new fox news poll numbers to talk about today. americans appear to be tuning out the president's message on fixing the economy. welcome to "america live" everyone. i'm alisyn camerota in for megyn kelly. weekly applications for unemployment rise. the four-week average has fallen to the lowest level in almost six years. we'll break down all of those numbers, including the fine print for you. this comes in the middle of the series of campaign-style features that president obama has been making across the country. selling his economic plan and calling republicans in congress

the obstacles to true progress. >> now, unfortunately for the last year or so, we've had an endless parade of distractions and political posturing and phony scandals that shift focus away from what do we need to do to shore up middle class families and create ladders of opportunity for folks to get in the middle class? and as washington heads towards another budget debate, the stakes could not be higher. and that's why i'm traveling around, laying out my ideas for how we have to build the cornerstone of what it means to be middle class. a good job with good wages, a home to call your own, a good education, affordable health care that's there for you when you get sick. a secure retirement even if you're not rich. >> well, a new fox news poll finds the president's message may be falling on deaf ears.

an overwhelming majority of voters 71% believe the new speeches are full of old ideas. we have team fox coverage. doug mcelway has more on the jobless numbers that often goes unreported. first to fox news editor chris stie wall, the host of power play. hi chris. >> hi ally. >> 71% of respondents say the president is offering nothing new. the polls come on the heels of the president having traveled around the country talking about the economy. >> yeah. and he went out and said it was new. well, i've got a new idea for a tax plan, i have a new idea for this and the other thing. peggy noonan may have said it best. there reaches a point in a presidency, we call it being a lame duck, where people tune you out. they're not listening anymore. the president may have accelerated that because he did go on his road show without any new material. he went to try something out and the people were right.

it was substantially the same stuff that he has been talking about since he was a candidate. the white house stressed that it was consistency. but at a certain point, why are people going to listen. >> let's listen at another poll at 52% now disapprove of the president's job performance. only 42% approve. the white house can't be happy with those numbers. >> no. here's what's significant in that. that 42% number is -- matches his lowest ever showing. that's the bottom that he's ever seen and he's seen some pretty tough days. and the 52 is the highest ever. this reaches a new high for disapproval. the president has a very clear strategy this summer, which was after getting shellacked on the scandals, the irs, the department of justice, snooping stuff, the domestic surveillance stuff, the president was in trouble with his base, he was in trouble in -- conservatives were upset. he said these are phony scandals

and i want to talk about something else. they made pretty clearly a deliberate position to brush things off. you heard him with jay leno, oh, we don't have a domestic spying program. he brushed them off, went on the road, pitched the economy, came back from his tour worse off than when he started. >> it doesn't seem like the phony scandals line is resonating with the american public, at least based on these numbers. >> well, when something is as forced and con dritrivecontrive. you're supposed to not be a blatant talking point. that's number one. number two, every constituency has something to be offended about, if you're big government, small government, liberal, conservative, something is wrong right now and you think the president ought to be doing more to address it. brushing it all away as a phony scandal bothers everyone. you see the approval numbers dropping. >> the american public has suggestions according to our

polls of ways to solve some problems. nothing that the president is talking about. but according to our fox news poll, 63% say that the best way to solve the nation's problems would be for the president to lock himself in a room with republicans, roll up their sleeves and get the done done. >> well, i think the republicans and the president are glad that they're not acting on that. that would be a pretty ugly room, indeed. but, here's what i'll tell you. this is one to keep. when our pollsters ask, what do you think about the american people's relationship to their government, 74% thought that americans were too dependent on government now. that is pretty tough stuff for a president who went out on a tour to say, i think that the federal government needs to be more involved in the economic lives the american people. that's a danger and this tells me that as the president goes into the fight with republicans over fiscal issues, he's in worse shape than when he

started. >> the 63% wish that the president and republicans would get into the same room, that's not the president's message. what the president has been sago owe. >> no. >> for the past couple of weeks is i have these ideas, i have a way forward, i have a vision for success. if only it weren't for the pesky republicans who are obstructionists. it sounds like the american public, based on these find, don't care who it is. they want them to get in one room, fix it. >> get rid of your vacations, do whatever you need to do, but get over it. you know what, when you wonder why people hold washington in such disdain, we talked about it before, when you have a congress that leaves town after fixing its own health care but neglecting to fix yours, it's no wonder. >> something is wrong with that model. chris, thanks. great to talk to you. >> you bet. meanwhile, last month saw the fewest jobs added to the economy since last march. 162,000 to be exact.

economists were expecting more and the unemployment rate, though, dropped to 7.4%. but economists say unemployment went down because more americans dropped out of the workforce. we're live from washington with more analysis of the numbers. hi doug. >> hi alalisyn. they fell to the lowest level since 2007. that's a sign of strength in the economy. no doubt about t the unemployment rate at the lowest level since the recession hit. these incremental drops are indicators that the administration has often cited as real progress. >> i think what we see is a continuation of a pattern that the economy is moving in the right direction. there are steps that congress can take to speed things up and the president remains focused on strengthening the economy and growing it from the middle out. >> the administration has repeatedly pointed to its

attempts to invest in infrastructu infrastructure, create job training programs. its hospital mystic forecasting often -- we're talking about. u-6 rate. that's the one that reflects underemployment, part-time employment and discouraged workers who have given up looking. that number for july was 14.3%. >> 1.8 million americans have given up looking for work. the effects of unemployment rate for my generation is 16.1%. there's a tragedy going on. but if you look deeper into that number, it's not just 16.1%. only 43.6% of young americans have full-time work right now. if you're in my generation, you're not finding economic opportunity. >> feinberg goes on to say that 1/3 of his generation are moving back home with their parents. that's something that we really have not seen since the great depression. a dynamic that really defies national order for young adults to seek their own lives an the

implications of that are frightening. this is the generation to foot the bill for the wave of retiring baby boomers, massive unemployment like that is often associated with an array of socioeconomic -- look to europe and what's going on with youth and in the streets for a window of what could potentially happen. hopefully the improving economic signs we saw today and last week indicate that it won't happen. we certainly hope so. >> let's hope so. europe is a cautionary tale. thank you, doug. fox news explores -- a record number of americans on food stamps these days. a fox news investigative team traveled the country to expose the government's startling attempts to get even more people to sign up for handouts. fox news reporting the great food stamp binge hosted by special reports brett bayer right here on fox. we touched on this a moment

ago. here are the hard numbers. millions of americans are still out of work. as congress heads home for summer break, a new poll reveals a majority of folks don't think they've done enough to deserve this time off. just 14% have responded to the new poll think the lawmakers deserve some r and r. while a whopping 82% think otherwise. when congress finally does come back to work, they'll have just a few weeks to pass spending bills or risk a complete government shutdown by october 1st. and there are stunning new developments from ft. hood today as the court martian for nidal hasan takes a turn. a showdown between his stand by legal team and the judge. the judge saying that hasan can continue to defend himself even after claiming responsibility for that 2009 shooting rampage. now the backup lawyers are asking to be taken off the case.

casey stegall has been covering the action for us. hi, casey. >> reporter: good to see you, allie. sounded like we were going to run into a major delay. this could last weeks if not months possibly after the stand-by defense counsel requested a stay, which would have effectively put this trial on hold for an indefinite amount of time. they seemed furious that the judge denied their request to take on a lesser role in the case because they argue assisting hasan now violates their professional code of conduct. it is their impression that hasan wants the death penalty and they say it would be "morally repugnant" to help him achieve that. a heated exchange ensued between the lawyers and the judge. ultimately the judge denying their request for that stay and said this trial is moving forward with those backup attorneys in place, period. >> i've never seen anything like

it. i think the judge is doing everything she can to protect the record in the case to ensure that there's no basis for overturning whatever verdict there is. >> now, the judge saying the defense counsel's motion is nothing more than a disagreement with hasan's trial strategy. she seems annoyed with the lawyers' resistance. after a whole day missed yesterday and then this hiccup this morning, witnesses are once again taking the stand and coming up in the next hour of "america live" we'll share some of that dramatic testimony with you here on "america live". thanks casey. we'll look forward it that update. the veterans administration is launching a new website to help military families navigate the new health care law. with both the va and some portions of obama care on shaky ground, will this effort help? we'll ask an iraq war vet. new developments in the fight over safety in our schools. one district debates arming

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there are big developments in the debate over safety in america's schools. ags one district in arkansas declares that it will not reverse a plan to arm some of its teachers despite the controversy that erupted after that decision came to light. authorities are releasing more than 100 pages of documents linked to a district that trained 20 employees to carry concealed firearms on campus. after state attorney general dustin mcdaniel suggested that the school was required to name the participants in the program, mcdaniel's advised the district to abandon the plan as a whole. district officials say at this point they have no plans to reverse that decision. well, with confusion

swirling over the implementation of obama care, another government agency is trying to get the word out. veterans affairs launching a huge new outreach campaign, a website that vets can visit to learn about the law and how it affects them. but a lot of analysts wonder if the department is up to the job. ceo of concerned veterans for america, oliver north is a retired lieutenant colonel of the marines and a fox news military analyst. gentlemen, thanks for being here. >> thanks, very much. pete, let me start with you. the va started this new awareness campaign for veterans to educate them on the benefits of affordable care act. what do you think veterans need to know about what's changing? >> veterans have seen obama care. we've looked into the future because we've experienced the department of veterans affairs, a place with wait times and back logs and accountability nightmares. we've seen what government health care looks like. it isn't always the care that -- the facilities provide great

care once you get into the door. it's the impediment of entering and the wait and the bureaucracy that we will get from health care.gov if we -- i don't understand why we're trying to pull veterans and to convince them to enter another government system for their families. veterans understand what government health care looks like. in this case, the va isn't looking very good. >> here's what the administration says is the benefit. there are 1.3 million veterans and almost a million spouses and children, colonel north, without health insurance. the affordable care act is designed to be the cushion for those folks which would be a comfort to them, i would imagine. >> as pete just said, he's dead right, we have seen the consequences of some of this. some centers are first class like in richmond, virginia. but many are not. second of all, the families of veterans are not covered and that's -- >> with the affordable care act, they will be. that's the point of it. >> will they be welfare?

>> exactly. the problem is, there's a lot of wrinkles in the fabric of the va. the propaganda they're putting out about obama care fails to mentions the breaches that have occurred in the so-called inadvertent release of millions of veterans social security numbers. so if the u.s. government cannot protect the social security numbers of people like me who receive a va disability check, how are they going to protect sensitive health records of every single american citizen? the obama care data hub is going to be ground zero for all kinds of hack attacks, from criminals, foreign attacks, and potential political extortion. it's very personal for me. >> i want to make sure you understand where i'm coming from. if the irs can compile an enemy's list of organizations and donors, what's to say the administration won't poke into the medical records of individual political opponents. in my last book, it was proved that the president does just that. for me, this is very personal

because everyone, not just vets ought to be concerned. when i was being investigated by a special prosecutor, they released portions of my medical record from the military and gave it to the press in an effort to destroy my credibility and bring down ronald reagan. i will tell you, that's the kind of thing that we're all going to be subjected to, not just veterans. >> yes. >> pete, what i hear you both saying is that it is a crying shame that military spouses and children are not covered, but that you fear that the bureaucracy and the security risks of obama care will be too much to cover up -- >> the i.g. at held and human services says they haven't tested the system well enough to know whether they can protect the private data as the colonel said. to take it to another level, this is a fairness issue. we're encouraging others to join obama care and politically connected businesses and unions and the folks who wrote the law

have exempted themselves and written themselves out it because they know how it will manifest itself. yet we're promoting it for military. i think it's a disingenuous attempt like they've been using celebrities and others to make the case for affordable -- it's a marketing ploy that doesn't deliver good care to veterans or their families. >> colonel north, in ten seconds, what is the answer then for the people who are uninsured? >> the answer was to go out and get insurance. if we hadn't made it so doggone expensive to do so, my policy has gone up, so have your premiums and all of us have. what they've done is started to wreck the system. it's got to stop. >> bring that cost done. the affordable care act is showing it won't do that. >> thanks for bringing your concern and sharing it with us. great it talk to you both. as the obama administration sets up drone strikes against al qaeda and yemen, we'll talk to general jack keen about this

particular terror threat and how it affects what happens next. the center of our solar system will undergo a major change. we'll explain what it means for us here on earth. the postal service is critical to our economy. delivering mail, medicine and packages, yet they're closing thousands of offices, slashing service and want to layoff over 100,000 workers. the postal service is recording financial losses, but not for reasons you might think. the problem? a burden no other agency or company bears. a 2006 law that drains $5 billion a year from post office revenue while the postal service is forced to overpay billions more into federal accounts. congress created this problem, and congress can fix it. [ all ] who's new in the fridge! i help support bones... [ ding! ] ...the immune system... [ ding! ] ...heart health... [ ding! ] ...and muscles. [ ding! ] that can only be ensure complete! [ female announcer ] the four-in-one nutrition of ensure complete.

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fox news alert for you now. we're learning about new charges in the boston bombing marathon investigation. as a federal grand jury accuses two men of conspiring to obstruct federal investigators in the hunt for the brothers behind that attack. the 19-year-old national from kazakhstan had apparently attended the same university as the surviving suspects. dzhokhar tsarnaev and after seeing their friend's face on a news report in the days after the attack, they decided to give their friend a heads-up.

it was at that point that dzhokhar tsarnaev allegedly replied to them and suggested that they go to his dorm room and "take what's there." . the pair were originally charged back on may 1st via a criminal complaint. but now they face the possibility of more than 20 years in prison if convicted on all of these new counts. you set your watch by it and your calendar. now that big ball of fire in the sky is about to undergo a major change and some new nasa observationists reveal that the sun's anticipated shift is likely to have a ripple effect well beyond this little blue planet we call home. chris gallagher is live in the newsroom. i imagine we're no longer going to adhere to the rules of gravity, trey? >> no, we're all going to fly in the air. when you hear the phrase polar

opposites, that's what's happening. the magnetic field of the sun is changing polarity. we call it a solar flip. it happens about once every 11 years and takes three or four months for it to complete that rotation. here's how it affects us. when the sun flips, it sends a ripple effect throughout the solar system. it radiates billions of miles away from the sun, like when you shake a blanket up and down, it ripples, becomes wavy. while the earth is orbiting the sun, we dip in and out of the waves. the earth doesn't really bounce around, but it does create some stormy space weather. here's an expert. listen. >> conditions in space are wildly different and so many more sort of wild crazy activities can take place in space that are perfectly normal for that environment. but certainly couldn't take place here and we wouldn't want them to take place here. >> no, we would not want them to take place here.

normally, we would be able to see a lot of solar flares, like what you're seeing there. but so far during this flip, not so much. we do get a little benefit from that flip. it provides some shielding from the dangerous cosmic rays, the high energy particles that zip around the universe and they can damage satellites. they can also affect astronauts who happen to be up in space at the time. we get some protection there. but the magnetic field is switching and so we gently kind of go into a new phase of the thing that provides life for all of us on this planet. ali. >> do i need more sunscreen or not? >> a little bit. it's always bet. 70, 75. >> got it. >> that's easy. thanks so much for explaining that. see you later, trace. america's airlines are saying goodbye to the economic slump and hello to soaring profits. we'll look at why ordinary passengers are still getting a

bumpy ride. plus, the president cancels that meeting with russian president vladimir putin. will we be spared awkward photos like this one? what about the impact to america's larger interests? we'll debate the possible downsides. >> we're not at the point in our progress on a number of these issues where a summit at the presidential level was the most constructive step. at the same time, we recognize there are many areas we need to continue to work on. [ female announcer ] the best thing about this bar

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developing right now, president obama's putin problem. mr. obama can't -- with russia's vladimir putin. as a consequence of the nsa leaker asylum. russia is a key american a lie in the war on terror and the u.s. may need putins cooperation to end the worsening civil war in syria. jay carney brushing aside any concerns about frosty relations just moments ago. let's watch. >> we have a lot of fish to fry, if you will, with the russians. we have a lot of issues to engage with the russians over. and there is two plus two ministerial meeting tomorrow here in washington. and you know, there will be a host of topics. >> all right. so let's debate all of this.

leslie marshall, syndicated radio talk show host, mark keys an with the -- former speech writer for george w. bush. welcome to both of you. >> thanks. >> good morning. >> good morning. mark, let me begin with you. should president obama be sitting down with vladimir putin or not? >> he has no choice not to go. if he had gone, he would have looked like a complete wimp in the face of the -- we have to remember, this wasn't about snowden. made out of weakness. it was because it was the result of the collapse of obama's russia policy. in june, president obama gave a speech where he was going to -- we were going to have major new arms reductions. they didn't respond to it. we were going to have a summit with no signing ceremony. no progress in arms control. no progress on iran or syria. no progress on missile defense. the summit was shaping up to be a complete disaster. the snowden affair is a perfect

pretext to cancel the summit and get out of something that would have been an embarrassing diplomatic failure on the stage. >> what do you think, should he have sat down given all of that can putin or not? >> absolutely not. i don't agree with mark at all. i think the president, it's an old chee shea, fool me once, shame on you, fool me twice. putin may be the president of russia but our president is the leader of the free world. mr. putin needs to be reminded of that. we have a newly elected president in iran. things might be different with this man who is willing to talk to the united states, who is working in a very different position than ahmadinejad did in the past. with regard to syria, russia may not be on our side currently but the world is, including the arab world. i think mr. putin may feel that he has really big pecs, but he's bitten off more than he can chew with snowden. this was a poor decision for putin not obama. before i get back to mark,

what about candidate obama, back in 2007, he said it would be his policy to sit down with our enemies because otherwise how are tensions ever resolved? >> i don't think that you could classify putin an enemy as of yet. and i do think at some point the president will speak to vladimir putin. but he's already spoken to putin in the past regarding snowden. putin is -- putin said don't release any new information. even though the guardian claims he has the documents, more information released, putin is with the kgb. he has russian spies here in the united states. putin wants to be an ally, act like t you don't screw your friends quite frankly. that's what putin has done. i don't think the president is being hip krat cal or contradicting himself. >> mark, what about the other issues you've raised, syria, how will we make any headway with russia on these? >> we're not. putin has made it absolutely

clear. he has zero respect for barack obama. this is a president as you pointed out of talking to our adversaries. strategic challengers in the world. when he came into office, he did something terrible. he basically screwed over our allies, poland and the czech republicans elg missile defense agreements with them. putin threatened to point nuclear missiles at them for doing it. what have we gotten for obama's reset? not only is russia not helping us on syria. they're arming assad as he slaughters hundreds of thousands of people. no progress on iran, no progress on missile defense or the other issues. we've gotten nothing for the reset whatsoever. this is about the failure of barack obama's russia policy. that was the cause of this cancellation. >> leslie, what is it? how can you say we don't like impotent given that all of these things we're not making headway on in terms of the problem with syria, in terms of russia's

civil rights abuses, we're not getting anywhere. >> when it comes to civil rights abuses, we seem to have no problem with china's civil rights abuses and we profit on that. the united states has been hypocritical for ages regardless of who is in office for human rights abuses or support countries with human rights abuses. at the end of the day, the united states has numbers of powers and allies with syria. i believe that we, in backing the opposition, will prevail as we have in the past with other countries and governments. mark, i find it interesting, if the president had sat down with putin, what would you be saying today and what would all my buddies on the right be saying today? they'd be saying that the president was weak and bent over for putin and he should have stood his ground with snowden. quite frankly, no matter what decision was made, it would have been a bad decision. >> because his policy is a disaster. >> can we look at lack of

respect? i honestly think. i know some people will throw their shoe at the television. i think putin has a lack of respect for obama. >> that's true. he has no respect for obama. >> no, no. hang on. i think it's because of his skin color. i think it's because of his skin color. >> oh, please, come on. you've got to be kidding. >> really. how many black russians are there other than a cocktail you met. >> that is the weakest defense of -- >> it's in complete disarray. >> the question of minorities in country based on race. >> that's not why we have a problem with russia. >> i think it's a problem. one of the areas he has a problem with respect or lack of respect. >> we're approaching them from a position of weakness. we threw our allies under the bus and went pleading for them on missile defense. we've gotten nothing for it. that's the problem we face with russia right now. >> it's impossible to get inside putin's head, thank goodness. we'll never know exactly what is

motivating his bad behavior. but leslie marshall, mark, thank you so much. >> thank you. >> meanwhile, there is a michigan school district sparking a new debate over public education because it is deciding to charge high school students for some of their classes. is this the hard reality of making ends meet nowadays or is this simply bad budgeting? we'll debate that. plus, burglars getting away with a high tech heist. later, returning the loot and saying you're sorry. why the thieves had a change of heart. >> a horrible nightmare comes to life. a shark attack. you'll hear more from this survivor who knows that he is lucky to be alive. >> all of a sudden i just felt this on the back of my leg and just as i looked back, he was just finishing his bite. my daughter, she got on the radio and started calling out help, help, my dad has been attacked by a shark. being sixteen, alex thinks he's invincible.

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listen to this story. burglars in california having a change of heart after they found out who they had robbed. the thieves broke into a battered women's shelter in san bernardino last week. they snuck away with six desktop computers, a laptop and bag of valuables. days later, they brought the loot back, along with an apology letter. catching the agency off guard yet again. >> there was a shopping cart and it was full of our towers, our pcs. we had had no idea what we were taking. here's your stuff back. we hope that you guys can continue to make a difference in peoples lives. god bless. >> that is beautiful. police say the burglars had gotten away with a sophisticated heist. sneaking in and smuggling the items out through the roof.

well, airlines are enjoying a busy and profitable year. according to airline financials.com, the industry reported more than $37 billion in revenue for the second quarter alone. airlines like jetblue also focusing more attention on high rollers. the discount airline now adding premium seats which come with hot meals and free alcohol in flight. but not all airlines are so generous. so why are they thriving? joining us is the president of financial. against all odds, airlines seem to have come back from near financial ruin to be making a big profit in the second quarter. what's going on? >> well, i just flew actually this past weekend. it's a great example of what's going on. i flew to alaska. wasn't a cheap flight. then you're stuck in the middle seat in the back on a seven-hour flight. i want to move up a little bit. not first class. i want an aisle seat. another $150. i had to check a bag, it's a long flight. $25. they're nickel-and-diming you

for every add on you want. plus, it's a premium to sit in the higher middle class, the upper middle class. you're going from the mid back to the business class and up to wealthy class. >> i mean, it's beyond just the seats. they charge you now for a snack, they charge you now for water. i mean, things that used to be commonplace on airlines, we are being nickel and dimed. why are we tolerating it? >> we have to go because it's for business or pleasure. taking your business for pleasure. you would rather fly three hours than drive for 15 hours with children. i assume that's a long drive. >> safe assumption. when it comes to airlines, you can book a reasonable flight and compared to 20 years ago, it's not that much more expensive. what has changed in the experience. to years ago it was a privilege. now you're herded like cattle. you're row one, two, three. you're fighting for overhead space and the airlines know that. they know they can get you in

with the low cost initially and nickel and dime you along the way. >> right. because they have higher profits, there's talk that they will expand capacity. that now because air travel is booming, this summer it looks like they'll add more seats. that seems impossible or more planes. >> i actually paid extra to bump up to business class this past weekend and it was still tight like this. i'm not that big of a guy. what they're doing is moving the seats in and you're cramping you even more. to get one more row in. the one more row that they fly many times a day, every day of the year will make them that much more money. you and i that are flying are willing to do that. they're not charging that much more for the initial ticket. once you get to the airport, i paid $25, alisyn to get on the plane before everybody else to get overhead. everybody is doing that. $3 for a water. $3 for a water. and spirit airlines, low cost, doing extremely well, their

seats don't recline anymore because it's too tight. >> didn't they have a proposal with standing room only. >> ryan air. they wanted to put a casino on there too. anything they can do to get you on there. is there a place in the marketplace for some airline to come in and start treating customers a little bit more nicely. for instance, give back peanuts and water and couldn't they still make a profit if they just did those little things? >> i think there is. we're seeing a shift in the industry. that's how it was a few years ago. we're moving to the low cost cattle typo owe i think we'll be going back to charging a bit of a premium. i will tell you, flying for a business, i will pay a little extra not to have the screaming child next to me. to have a little bit of leg room, to get a drink if i want one instead of flagging down a flight attendant and paying $3 for a water. look at the high end. you could pay $19,000 now to fly from new york to dubai with a shower.

you can shower on the flight now for $19,000. i mean, that's a little outrageous to me. but you know -- >> right. showers are much less expensive at your hotel when you get there. i will pay for not to have the screaming child next to me, but that's my child. don't let me actually move seats. i've tried. >> matt mccall, thanks so much for breaking it down for us. great to see you. meanwhile, there is a troubling new trend, it's being blamed on the financial crisis of 2008. as one critical corner of the u.s. economy sees an influx of job applicants for apparently unprepared for any of the jobs that are out there. and a big update on the gathering of the goats that we told you about in the nation's capitol and the plan to use livestock to take care of some of our nation's former lawmakers. we'll explain.

we have an update for you now on a story we brought you yesterday about the plan to maintain the memorials of late lawmakers. we've learned that the goats that were on hiatus from trimming the grass on that congressional cemetery are now allowed back on the job. there was a debate about the goat program. it erupted over health concerns that maybe the goats were going to spread disease somehow. it seems an appointment has now been scheduled an the goats will be able to perform their landscaping duties in seven days. they say lightning never strikes the same place twice and your odds of winning last night's powerball were about 1 in 175 million. tell that to the guy that was just bit by a shark after surviving both a lightning strike and an encounter with a rattlesnake.

he's having a string of bad luck, trace gallagher, who is live in our west coast newsroom, isn't he? >> the moral of this story, if you ever meet a guy names eric nouri, take a couple steps back from him. like bad luck schlep rock, right. this time he was snorkeling and sphere fishing in the bahamas. he had some grouper on his spear about to take it back to the boat and go that way when knelt the bite. >> all of a sudden i felt this on the back of my leg and just as i looked back, he was just finishing his bite and ripping and swimming off. you could see a piece of my like leg in his mouth. >> so now, keep in mind, there's a pool of blood in the water, the shark is still in the area and eric's father-in-law actually jumps between him and the shark. pretty brave guy, right? eric's wife and four daughters are on the boat watching the whole thing and they pull him on board. because he's losing blood very

fast, they tie the rubber bands from around the spear gun on his leg. luckily a doctor from san diego was vacationing a few minutes away and able to get there an stabilize eric and get him to shore and got to an ambulance. here he is again. >> that was a tough ride. i really did think i was going to die. i didn't keep my head cool. the lord kept my head cool because i couldn't have done it without him. >> eric, by the way, is now getting skin grafts. they believe his leg is going to be okay. check this out, you mentioned elie elier, his bad luck. bitten by a venomous rattlesnake 1 in 37,000. struck by lightning, 1 in a million. in your life-time, attack by a shark, 1 in 11.5 million. all three-pu put together we couldn't even figure the numbers, infinitely low odds of it happening to the same guy in the same lifetime.

go figure. >> i was waiting for that bit of mathematical wizardry you were about to perform. >> we tried. >> you gave up. he should buy a lottery ticket because obviously he's due some good karma. >> yeah, he is. even the brain room couldn't figure it out. we -- no -- we have no clue what that would be. >> right. those are our brainiacs on staff. that's great. he has a really smart family also to tie that tourniquet using those rubber bands. that was really ingenious. >> it was indeed. his family is very christian and they are very very thankful that their dad is doing just fine. very christian family. they say god is behind all these things and has a bigger purpose for him, ali. >> that is beautiful. i will teach my kids how to tie a tourniquet. thanks for that. apartment builds, they can tell you no dog, they can tell you no smoking, but can they tell you no guns? that is happening in one

community and a retired marine is taking his landlord to court as a result. our legal panel will take that up next. plus, peace and quiet and one neighborhood shattered after a man goes on a shooting rampage. what police are saying about that motive. and a ridge in wildfire forcing hundreds of families from their homes.

fox news alert on a new fast moving wildfir forcing more than 1500 people out of their homes. it's a brand new hour of "america live." i'm alisyn camerota in for meynn kelly today. fires 90 miles northeast of los angeles, the silver fire explodes inside and now burning up to 10,000 acres. two firefighters and one civilian have been hurt. dominic is live with more from us. >> reporter: hey, alisyn, we can give you an update on those injury numbers, cal fi saying there were four firefighters

injured, two of those due to smoke inhalation and no details on the others being hurt and we have one very serious ly injure after being burned head to toe, describing that and they can get so injured so quickly and people had to turn back to the exit routes that were closed and they had to stay in their own homes as the fire passed. you can see how treacherous really this fire is proving to be. take a look at some live pictures what the fire actually looks like at the moment. finally, 20 hours after this started, we have 10% containment of this fire. cal fire saying they really don't know where the fire is going to go. it's unpredictable, says cal fire. >> it's very very hot. humidity is very low. as you can see, there's a lot of rocks and sharp terrain. it's very ar duous. firefighters are professionals, though and they just keep doing

it until this fire is going to be putting out. >> reporter: you can see why cal fire is warning people being told to evacuate to do so immediately. these are some still pictures appearing online. you can see properties and structures that are being destroyed. they're saying if you're advised to leave in a situation like this, you get out straight away, take your pets with you, either on a leash or in a crate. we understand the fire is now heading east towards palm sprin springs. it's still on the western side of the mountain, still in the banning area. we have a few additional evacuations. let nell you about that. -- let me tell you about that. the black mountain area being evacuated there. two campgrounds closed until further notice. it will be at least a week. >> those photos are terrifying and shows how quickly the fire can overwhelm you. thanks for that update. we want to put that situation in context for you. california is dealing with five large wildfires right now. the golden state has had more

than 4300 of them so far this year. that is a 46% spike compared to the five year average of less than 3,000. each year, california, believe it or not, loses an area more than twice the size of the city of los angeles to wildfire. we have more extreme weather to tell you, reports of torrential downpours and massive flooding in missouri have killed at least one person. floodwaters sweeping the victim's fire off the highway and the governor is calling in the national guard to help those affected by rising floodwaters. and tennessee receiving flash floodi, and several streets closed and homes evacuated. >> what's happening, rick? >> we can't seem to break the

pattern where the aim areas get the rain day after day. moving towards louisiana, you can see this storm track stays very dry right here and that pushes all the moisture over the top of this. because of this, we have three areas right now we have really significant flooding going on. one in nashville and the other around the atlanta area, to the southwest of it and this southern missouri area branson towards springfield and flashflood warnings because they have seen well over 12 inches of rain over the last week or so and the nashville area had rain on much to them and interstate 85 to the southwest of atlanta. that's what's very active right now. we also throughout the day stand the chance for severe weather. some storms will be very windy and have hail. i don't think it's a big tornado threat today but anywhere you see this much yellow across oklahoma, the panhandle of texas and across southeastern areas of missouri and parts of arkansas, get ready for severe weather and more rain. i tell you what, alisyn, we

don't really change this pattern and below that rain, it's hot and will continue to see heat advisories in effect. will continue to feel like 105, 110 for a lot of people here. and to the north, that's where the rain is. these two stories happening at the same time, this pattern not breaking at all likely all the way through the weekend. >> scary weather out there, rick. thanks for the alert for people watching. there are new developments overseas in yemen, reports of two u.s. drone strikes killing at least nine al qaeda militants coming more than a week after u.s. intelligence reportedly intercepted a message between yemeni terrorists and the leader of the global al qaeda network. there have been at least seven suspected u.s. drone strikes in yemen in just the past ten days. the nation remains on high alert after authorities revealed a terrorist plot to target foreign em bass sis and international shipping lanes. more on a delay train

derailment in canada carrying more than a million gallons of oil went off the tracks in quebec last month and nearly flattened a town and killed nearly four dozen people. now, reports a canadian judge granted bankruptcy protection to the company that owns that train as the u.s. and canada push for it to pay for all those clean-up costs. the company estimates it could cost more than $200 million. spanish lawmakers are demanding answers today calling on had thes of two rail companies to testify about that train derailment that killed 79 people last month. one of the railway presidents saying all maintenance checks were done but the conductor was going at least twice the speed limit when it hit that dangerous curve. crash investigator says the driver ignored three warnings to slow down and he was on the phone with a colleague just before that crash. there are new questions over the security of americans'

personal information when they sign up for obamacare. a new government report reveals that the fed is months behind schedule to test that massive data network. raising concerns that it may go online before it is fully ready. fox news mike emanuel is live in washington. what do we need know? >> 60 days before the president's health exchanges are ready to start a key lawmaker is worried they will cut corners on a massive data hub that will be easy picks for hackers. >> one of the things i'm concerned about they're act like an agency cramming for a final exam trying to get everything in. this isn't a college test, this is dealing with the identity of millions of americans, some of the most personal identifying information from social security numbers to actual health issues that people may have. >> congressman meehan says he intends to hold hearings on this data hub issue in september. it was the health inspector

general that sounded the initial alarm saying quote several critical tasks remain to be completed in a short period of time such as the final independent testing of the hub security controls, remediating security vulnerabilities identified during testing and obtaining security test iing authorization before opening the exchanges. and securities for medicaid and medicare services of cms says quote, we're on schedule and ready for the marketplace to be open on october 1. they have extensive experience operating information technology systems that handle sensitive data. this is a massive data system that will be one of the greatest collection of private information on american citizens and critics worry there will be a rush to approve it and they'll try to work on security later in. >> that would be the wrong order. let's hope they can work out any security kinks first. thank you. >> thank you.

now for a look at the new economy. wall street reportedly taking a hit these days when it comes to new hires. more incoming investment bankers failing their entry level exams, raising concerns future bankers may not be as qualified as they were in the past. some are blaming it on the hit the industry took in the 2008 financial crisis. from fox business network, why are they failing their exams? >> i'm tempted to say kids today. here is an interesting stat. about 40% of the incoming class over at bank of america failed their entry level exam, a big increase from last year, we're told. there's lots of speculation as to why. the best and the brightest going into technology, going into private equity. here's what one recent grad had to say. >> 10 years ago, it was a better option to go to wall street. tech wasn't doing that well after the dotcom crash so, really, wall street firms were competing with other wall street

firms for the top talent. whereas now they're competing with all the top tech firms to get the best people. >> there is a slimy status to basically what he's saying slimy status to working on wall street. lot of these kids don't want to come out of college working on fat cats. bank of america said while the 40% number is exaggerated, the trend of more people failing those test is not wrong. that is occurring and it's essentially a pretty disturbing trend if you run a big investment bank. back to you. >> it sure is. you want competent people. meanwhile, that microphone you're using is a much bigger than some that we use. is that larry king's? did you borrow that from larry king? >> i will be the next larry king. the larry king of fox business. it does look weird but i use it all the time. i move markets with this microphone, so does it matter? >> no. it doesn't. i mean, mine is feeling in adequa adequate, just this thing right

here. >> bigger isn't necessarily better. it's the same thing with banks. >> well, you worked it all the way back around. that was excellent. thanks so much. great to see you. meanwhile, there are new suspected u.s. drone strikes targeting al qaeda in yemen we're told. we're also told nine suspected militants have been killed. coming up, general jack keane will weigh in on using drones to target our enemies and if this the right approach. and a gunman opens fire and where it happened and who did it. plus, a tuition based program at one public school. two students and their parents are putting up a fight saying kids should not be charged for classes that used to be free. we'll talk about it for our education panel and if it's coming to a school near you. clients are always learning more

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new reports reveal more information about the man charged with plowing his car through a crowd envenice, california. nathan campbell is charged with killing an italian tourist on her honeymoon and injuring 16 other people saturday. campbell was a regular at the local job placement center and the executive director describes him as call and helpful. campbell has pleaded not guilty to murder. president obama reportedly stepping up drone attacks against al qaeda terrorists in yemen. just today, two u.s. suspected drones killed a total of nine militants, we're told, raising the number of suspected drone attacks in yemen to at least seven in less than two weeks. the uptick in drone strikes signals the obama administration is getting very furious against

al qaeda's off shoot in yemen after intercepting a message between its leader and the al qaeda network. and to talk about using drones to argument our enemies, general keene, thanks for being here. >> glad to be here, alisyn. >> there have been as we said at least seven drone strikes in the past two weeks. are we now in a drone war with yemen? >> i think we have for some time. i do applaud the use of drones against al qaeda leadership wherever it may be. we also have to recognize its limitations. it is not a military strategy, alisyn. it is only a tactic, an instrument that we use. the other thing we have to recognize is while we should hold horrific behavior of al qaeda leaders to task, the fact of the matter is because this is a political movement driven by an ideology, when you kill the

leaders they are replaced and the movement does go on. contrast with gi toda gadhafi, him and the whole regime changes. it's not a defeat mechanism. >> when you say it's not a defeat mechanism and just a tactic not a military strategy, then what should they be doing. >> it leaves us without a national comprehensive strategy to feet al qaeda. i defy any to tell me what it is. i've been waiting to hear what it is. we do not have one because it would require all the elements of national power and involve our allies as well. getting to a military strategy, we are trying to use the yemen ease to apply a military strategy using counte counter-insurgentsy and that is what was successful to defeat them in iraq.

the problem is they're not very good at it. we've given them training assistance but they have not been able to adequately separate the people from the al qaeda. that's crucial conducting court insurgency. at best, we're at a draw in yemen despite all the years. >> you make a great point it's hard know how to perceive yemen. 29 suspected militants killed in yemen recently. it's hard to know if yemen is an ally in the war on terror or a safe haven for terrorists. >> they're both. the fact of the matter is they are helping us with the al qa a qaeda, it's only in their interests not to have an al qaeda sanctuary in yemen, which it is. this is the most effective al qaeda affiliate in the region. they have some operational depth. they have threatened the united states. they have some reach that other al qaeda units do not have.

that's why we're so concerned about them, alisyn and why there's such an emphasize and all our heightened security resulted in the closing of the embassies has been reported. yemenese al qaeda leadership are a part of that. >> general, you say you've been hearing a strategy on how to combat al qaeda for years now and you don't believe drone strikes are a full comprehensive strategy. it sounds like you're looking for something more than a military strategy. what is the answer to combatting al qaeda? >> one you have to recognize it for what it is. it is a political movement driven by an ideology and it has a belief system in islam. define it as such. then you have to take a long view, in terms of cutting them off from the people themselves. the ultimate defeat of al qaeda is not going to come, i don't

believe, from bullets, it comes from the other muslims rejecting this movement. so pushing back on their information campaign, educating othe others, reinforcing values in these country, helping to improve conditions in these countries. remember, the al qaeda preys on unsatisfactory conditions in these countries, political and social injustice. they certainly take advantage of it. we need a comprehensive strategy to deal with it and recognize the military instrument is just a part of that strategy. it's important but in and of itself it will not feet al qaeda in my view. will not defeat al qaeda in my view. >> interesting to hear your perspective as a general. >> always nice talking to you. concerns in colorado when apartment managers try to ban tenants from having guns raises questions about second amendment rights and legal power of landlords over tenants. and 50 years ago a newborn

is snatched from his mother's arms and turns up halfway across the country. investigator s return him to hi ecstatic parents or do they? fires causing major concerns. an update for you next. >> they were doing routine maintenance inside one of the tanks. as a result of them doing that, there was a small fire. not sure how it started, might be static electricity.

strange smells are prompting a shelter in place alert in downtown tampa, florida and there was a fire in a silo.

reports winds caused sulfur dioxide fumes from the fire to creep into downtown and the towards stay indoors has now been lifted, we're happy to report. this is t this is the second incident at that port in the last few weeks. a gunman attacks two homes in a matter of minutes leaving four women dead leaving a mother and her teenage daughter. trace gallagher has more. >> by the time the police got the 911 call about the shooting that happened in dallas, the suspect was already 10 miles away in desoto, texas, opening fire on a different home. the suspect walked in there and shot and killed an adult woman and her adult daughter and shot and wounded a 14-year-old and a 17-year-old. he then drove to desoto, texas, walked into a house, shot and killed two adult women and shot and wounded two other children. one of the kids was actually on

the phone with 911 describing what was happening. that phone call has not yet been released. the suspect apparently knows the victims in both of those houses. the motive here replay mains ve unclear and in the second attack in desoto, neighbors heard a very large boom. >> i do believe there was an explosive device used. i don't know the particulars and would refer that to our partners with the atf and other agencies looking into that right now. >> the suspect has been identified as irby bowser. we have a mugshot of him, taken into custody without incident. no shots fired and he is connected in some capacity to the military. the police have not yet confirmed that or the condition of the surviving victims. two shootings, four dead and four wounded in two separate cities. >> terrible. thanks for that update. coming up, a legal battle

over public education. why some parents are now suing because of this move to impose tuition for an extra hour of classes. remember, this is a public school. so are the optional courses a luxury or are they a fundamental right? we'll debate that. plus, a judge lays down the law telling defense lawyers for nadal hasan for the ft. hood shooter that they cannot drop out of the case. >> the defense counsel are in a really difficult position here. they're top notch defense counsel. they see their role as defending their client and they believe that their client is going down the wrong path. the one that inevitably will lead to a death sentence. 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. ensure high protein... fifty percent of your

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[ male announcer ] don't wait. call today to request your free decision guide and find the aarp medicare supplement plan to go the distance with you. go long. we have some breaking news to tell you about. there are new developments in the ft. hood massacre court-martial. the military judge resumes proceedings despite requests from nadal's attorneys they be removed from the proceedings. they asked to take over saying he appears to be trying to convince jurors to convict him and sentence him to death of the 13 people on the texas base in 2009. the judge ruled he can keep defending himself and the lawyers say they will appeal. live from ft. hood, texas, what else is happening, casey? >> reporter: soon after that hiccup you just talked about this morning between the standby defense attorneys and the judge, we finally got to some witness

testimony. that is under way now as we speak. we're hearing pretty heavy stuff from soldiers on the stand, soldiers who saw their fellow comrades being gunned down that day, like staff sergeant michael davis. he was waiting at the medical center for a vaccination. from the wednesday he's describing hearing gunshots and smelling gunpowder. at first, he thought it was a drill and then he saw someone get hit and then testify there was blood everywhere. more than four others with similar stories of horror have taken to the witness stand so far today. what they're saying is extremely gruesome but i have to say, they have all held their composure. we should point out major nadal hasan has not cross-examined a single one of them, something within his rights since he is representing himself in this capital court-martial. ali. >> it just gets more and more complicated, casey, thanks for the update.

>> while there's controversy over a michigan public school charging money for some seemingly standard classes. now, the american civil liberties union filing a lawsuit on behalf of two stundents and their parents said inning the ann arbor schools are setting a dangerous precedent in education. bob bowden, education expert and director of the movie "cartel" and a blogger at diva moms.com and an attorney, you are all my education panel. great to have you all here. bob, let me start with you. you've studied the changing trends in american education. this is a public school. how can they charge for classes like foreign languages, spanish, music, art, isn't that part and parcel of public school? >> i think really the only person who should be required to pay for classes like this is matt damon. jeb bush criticized matt damon in a tweet over the weekend over private choices. like a stop clock you might say,

the group is right every once in a while. this makes sense. one can imagine if a voucher or charter school charged parents, the primal scream that would be made over the claims of the greed these corporatizing 1%ers are inflicting on schools. if the school board decides or if the public supports this, i don't personally have a problem with it. it underscores how the establishment, who is against the capitalistic and entrepreneurial model in education in so many other way, when it benefits them and gives them more money, it's okay. >> i don't have to tell you all sorts of public schools and cities around the country are having budget woes. we might see this elsewhere. is it fair when things like music and art are possibly costing the school budget more to ask parents to kick in 1$100 extra, as this school in ann

arbor is? >> i don't think it's fair at all. i think if it is a public school, it should be public for all the children. to ask parents to kick in to pay an extra $100. for a lot of families, that's a lot of money. the public school seconds should take budget cuts from other areas, not classes for these children. >> is it fair to say they're somehow not managing their school budget right if they've gotten to the point this seventh hour in the day, which has always been free for these extra kcur rick cu lar, i guess you could call them, part of the school program but not reading, writing and arithmetic, that something has gone wrong in the school budget? >> we have to examine every student's right to have an education and take the classes they want to take and advance themselves in the future. what we have to examine here in the state of michigan, the state has the duty to provide the students with six hours of studies during the day. this is the seventh hour study. it really would be asking

students that are taking extra classes, who are focusing on their future career aspirations, to pay this fee. the school district would supplement it for students that are receiving public assistance or whose families receive free lunches, but it does create a huge problem. legally, i do believe that it's legal because it's not impeding upon free education. it's just taking away from this seventh hour of education. >> so you're saying that the ann arbor school district has only ever promised to provide six hours of education, but they've always provided seven hours so students have always gone to school for seven hours but now that seventh hour you think legally they can charge for? >> i do think so although 50% of the students do take advantage of this seventh hour, legally they only have an obligation to provide for six. >> they're spending 11 grand per student now in ann arbor. imagine a class for 20 kids,

$220,000 for every set of 20 kids which is an average class lo room you might say, smaller than an average classroom. what has the average teacher's salary going to be in ann arbor? 50, 60, 70, you still have between that and 220 to count for whatever overhead the principal and certain amount of overhead is expected. it does seem like there ought to be enough money without charging parents. >> this can have longer ramifications for students. many top tier colleges insist you have four years of a foreignlage, thforeign la lage -- for ren language and you've done something extraordina extraordinary. >> i think they need it that they can choose if they want to have it. it's important to their growth and academia and to their education and them to explore and get creative. there's so many aspects to these classes, not just something a child elects to want to do, this is something really important to the child's education.

>> absolutely. i would argue having music is much more important than my chemistry class, which i have erased all memory of. >> really? the chemistry segment later you're going to be hosting? >> i would just say, too, that so many of these classes the fact so many of these classes you said are necessary and valuable. to me, this is the biggest charter argument. can't you imagine a charter school, guess what, everyone, we aren't charging for the seventh class, parents pay nothing for the seven class in the regular ann arbor schools they are. >> do you think this could be used as precedent? >> i think it could be used as a precedent. right now they're saying they want to charge $100 in the seventh hour. in the future they might want to charge more. $100, four kids, a lot of money. it could be used as a precedent in future issues. legally, i think they can go

forward and can charge this rate. i do see it becoming an issue in the future. >> one other quick thing, other states like florida and georgia, offer free online courses kids can take for nothing extra and also have teachers assigned to them. not's not as good as a kid being in a classroom. that can't substitute for the kind the classroom? >> it depends on the kid and the course. some do like it better and some bullied and can learn faster with the online. >> and some charge for things like toilet paper when they can't afford it, like notebooks and pencils, there are all sorts of things public schools can no longer afford they're asking parents to pitch in for but i've never seen it in the curriculum. >> i haven't either. both of my children are in the public school system and adore the school system we're in. we're in a great district and the school does ask for supplies

from the parents and there is a long list and do not say it's mandatory and do ask for pencils and kleenex in the classroom, do not say it's mandatory but if you can provide it. >> maybe they should ask parents who can afford it, to keep music and art in our schools, if you can pitch in. >> instead of keeping needless administration jobs that doesn't help kids learn. >> that might help also. >> exam tine the greater issue where the state money is going. education is absolutely key and take these classes and advancing your education in an area you want to specialize in is very important. >> that's where you think your property taxes are going towards so we should make sure it is. bob, thanks so much and thanks for the legal perspective. nice to talk to you.

you can find me on twitter. and a legal question when it comes to rights of tenants to owning a gun. the manager of an apartment complex tells residents to get rid of their guns or get out. this baby was snatched from his mother's arms in 1964 and the detectives thought they resolved the case but that baby just discovered he was returned to the wrong parents. this may look like a mess. these people are on a real life treasure hunt digging for gold. trace gallagher with the details. my mother made the best toffee in the world.

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finds outside that he was returned to wrong parents. the story made headlines when in afant named paul was ripped fr his mother's arms in a chicago hospital just day after he was born. he was taken by a deranged woman posing as a nurse. the search for him went on for a year until a baby turned up in newark, new jersey, abandoned. and detectives felt his ears looked just like paul's. so they returned that baby to the couple from chicago. who raised him, believing that he was theirs until now. he is 49 years old. his parents are in their 80s. paul decided to undergo a dna test just to be sure. it turns out he is not genetically related to either his mother or father. he says he still loves them but he does want to find his biological parents and he's hoping he can also find the child of the couple who raised him. give up your gun or get out? that was the demand from the managers of a public housing

complex for seniors in colorado. they didn't want residents to keep any guns in their apartments. the managers back down after a tv news report on this controversial move but it does raise questions about what kinds of restrictions landlords can legally put on their tenants? on our legal panel today is attorney brown and strickler, a criminal defense attorney. welcome to both of you. so this was an apartment complex called castlerock, colorado. there was this retired marine. he's 77 years old. he is a hunter. he has always kept a gun in his apartment. the apartment complex told him that he was going to have to get out, i mean, virtually be homeless, move on if he wanted to continue to keep his gun. and, dell, did they have any sort of legal right to demand that? >> they absolutely did not. it's outrageous that they would try to violate his second

amendment rights like this. he's 77 years old, he's fought for this country, he's done his service and they want him to choose between having a home and his right to bear arms and protect themselves in his home. they had no right to do this. furthermore, that property was constructed with federal money. it's illegal to prohibit legal gun ownership on government funded property. they were all wrong on this one. >> meg, here's what the apartment complex basically says they were thinking in terms of context. this is colorado. colorado has obviously done a lot of soul searching after the aurora movie theater massacre and the complex wanted it to be a gun-free zone. do the landlords or the owners of any apartment building not have the right to make their own place a smoke-free zone or a kid free-throw zone or a gun-free zone? >> they do. with a private property owner, there are more rights to contract and to lease with the people that are leasing from

them. think about it. we have the right to negotiate the right to have a pet or have roommates, whatever. there are rights we're allowed to do in a contract and lease. what they should have done here is give some more notice. they gave until october. what muddies the water here is just like dell said, this was federal tax money. this makes it a little bit different than if it's a private lease. i think the ross management company does private companies and public companies. please understand when it's a private company they have plenty of rights to change and modify their lease and probably put subjects in their lease saying, hey, we can make changes in the future if we give you notice. what makes it different, the housing is different, it's federally funded. there are already things on the second amendment that allows us to restrict things in public

housing in public areas, just not all of public housing. >> dell, do you agree, if this were purely a private operation, that they could trump the second amendment in that way by saying nobody could own guns? >> they couldn't totally trump it but allowed to make reasonable restrictions on their residents. in a case like this you have to balance that second amendment right with their ability to do free enterprise and make the decision how they want their tenants to live. unfortunately in this case, what's already living there, already had a lease and already had an agreement and they're trying to change the terms midstream. that's just wrong. >> right. >> we should let everybody know, i believe, meg, late yesterday, the community housing board there in colorado held a meeting and said the apartment could not unilaterally decide to do this. it sounds like apartment pulleds that attempt to do this do meet with some legal challenges. >> correct. they do. what's interesting is that they -- they reacted too quickly

and didn't give this man enough notice. they gave him until october, which is only two months away. you should take these changes, especially federal government dollars, do it slow and have the bureaucracy and it does correct constitutional muster.s correct >> it is an interesting case for that reason. and dell brown, thank you for you're expertise. >> thank you. >> it's a modern-day-treasure hunt and could bring in an epic hall. and we're minutes away from a powerball news conference where we expect to find out who the lucky winner of the jackpot was. [ female announcer ] the best thing about this bar it's not a candy bar. 130 calories

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♪ baby, baby, i'll have you. maybe, baby, you'll be true. maybe baby i'll have you. ♪ ♪ >> look at that big baby. the newborn weighing in at 13 pounds, seven ounces half. maria was born in spain, the biggest infant born naturally in that country. mom is also doing great, we're told, after just five hours of labor, without any pain killers. what a hero. >> meanwhile, some treasure hunters are seeking a legendary trove of gold, ten tons, bur yesterday more than a century ago. they're hoping today is the day

they hit pay dirt. trace gal her is live. tell us more, trace. >> i don't know if i can beat the baby. that's a lot of baby. this treasure hunt really an old-fashioned treasure hunt in paraguay. they're looking for 22,000 pounds of bouillon worth $450 million, and this whole dig is based on a rumor. legend has it that during a war with brazil and argentina, the president at that time, buried either a chestful or a coffinful of gold, and now the treasure hunters say they believe they have scientific proof it's actually underneath there. this is a major excavation. they think the satellite shows there is a box down there somewhere. the problem is, as you can see, they're having a problem if the the water. the water keeps flowing down off

the mountainside so they have too dig under theword. this could be a deep sea treasure hunt, but if they claim this gold if they find it, it's theirs. they staked the claim. they have hit something that is kind of hard. could be a chest or rock. but they believe they're ever so close. so we're going to keep updating you on the $450 million gold mine dig, or gold dig. and if they strike it rich, you'll be the first to know. >> that's great. finders keepers. i love the policy when it comes to treasure hunts. >> can you imagine 150 years this gold has been under there, and they're just kind of on an ol' legend and go there. >> i really hope they find it. thanks so much. trace. we have to tell you about this desperate search going on right now. a mother was found dead and police are trying to find her

missing children. this amber alert is expanding and we'll have the latest for you.