tv America Live FOX News June 12, 2012 10:00am-12:00pm PDT
age of 94. she had heart problems and was in declining health for a while. she began her film and television career in the early 1930s. that does it for us today. jenna: "america live" starts right now. >> we begin with fox news alert with the investigation involving the u.s. secretary of commerce. welcome to "america live." i'm shannon bream in for megyn kelly. bryson is on leave following a bizarre string of car accidents. he was found unconscious. he's been cited for felony hit-and-run but not charged. it's been reported that bryson suffered a seizure, but we are still waiting to see what police and prosecutors plan for the criminal charges. trace gallagher is live in our west coast newsroom with more. >> reporter: in fact, shannon, white house press secretary jay carney held a briefing, a few questions about john bryce son. they said they still don't know
all the facts about what is going on with the secretary of commerce but he did meet with the president and the president told him to focus on his family and health. as for charges the l.a. county district attorney will decide if felony charges will be filed against bryson. the d.a. told us they still have not got even the case so they are not commenting on this thing. we know that secretary bryson voluntarily took a breathalyzer, that came back negative. i also submitted a blood sample. we are still waiting for tests on that as far as alcohol and drugs go. in california one of the key defenses for fell me tphao hit-and-run is not being aware that you were involved in a hit-and-run. they say he has limited recall of the incident. the question is, is that a legal argument? listen. >> if the seizure happened obviously before the first accident, then he might have a complete defense potentially to anything. if, on the other hand the seizure happened as a result of the accident, particularly if it happened as a result of the
second accident, then that's not going to really be a defense. >> reporter: for context let me show you exactly what happened here. bryson was driving his black lexus down san gabriel boulevard near pasadena and san gabriel and he reended a buick stopped at a railroad crossing. he pulled off to the side and said to the three men inside, let's exchange some information. instead of exchanging information for some reason he got back into the car, he backed into the buick and took off down the road again, the buick and the men inside gave chase. they called 911. about five minutes down the road is when the commerce secretary struck the hopb the honda, and that's when he was found unconscious behind the wheel. doctors say the symptoms and his actions are consistent with a seizure, listen. >> you can think of it that then that brain is somewhat exhausted, so after the seizure activity a person feels very tired, a little disoriented, just not quite themselves for a
few hours. >> reporter: in a statement released today, bryson says and i'm quoting here, effective immediately i am taking a medical leave of absence so i can focus all of my attention on resolving the health issues that arose over the weekend. during the period of my illness i will not perform the functions and duties of my office. well, in the meantime, while the commerce secretary is looking for answers, the sheriff of l.a. county, lee baca would also like some answers. listen. >> i'd like a full explanation as to what caused the secretary to be engaged in an accident, what caused him to leave the accident and to what extent is there a real injury there that we are not aware of. >> reporter: john bryson of course lives in d.c., has a home in los angeles and he was here in town speaking at a commencement ceremony for the high school that his children attended. >> thank you very much for keeping us updated.
the questions swirling around the commerce secretary mishap is just the latest challenge for an administration finding itself on the defensive. press soak jay carney taking a barrage of questions on different crisis after different crisis, from his boss saying the private sector is fine to an attorney general facing a contempt vote in congress, to the mystery of who leaked some of america's most sensitive secrets to the press. listen to the line of questions, this is just from yesterday. >> can you tell us whether the president was aware that the secretary had a medical condition that made him prone to secrets. >> what is the white house view on fast and furious. >> why are you saying there is a crisis among government workers when the unemployment rate is worse elsewhere. >> speaking of wisconsin there is a notion among republicans and some democrats that what happened in the recall last week is a test for november. >> isn't there a danger in focusing on the agenda that you want congress to pass and they are not going to do it, doesn't it make the president seem
powerless? >> senator mccain overt weekend accused the obama administration of intentionally leaking information to enhance obama's image as a tough guy for re-election. do you have a response? >> how soon do you think that funding will get to small business owners, and will it really make a difference pulling america out of the recession? >> chris stirewalt fox news digital politics editor and host of foxnews.comlive joins us. >> this is problem a moment jay carney probably thought he i should have stayed down in joe biden's office. that was brutal. >> how do they begin to tackle this and get back on message? all of these things are not what they want to be talking about in the mist of a re-election battle. >> you hit it exactly right, shannon. the situation for the president is he has a hugely complicated narrative that he is trying to build for the fall. it centers on the economy.
he stupl -pbld with i stumbled with it when he tried it last week talking about the private sector is doing fine and then walking it back. they announced a major mechanic speech on thursday on ohio that they will try to reframe it again. this is a tough ball to keep in the air, people are very upset about the circumstances of the economy and his pitch on this about public versus private and all that stuff is very complicated. while you're trying to keep the balling in the air, the things you can't control and can control come up and fill up the space, fill up the public space. while you're trying so hard to keep your hes message going you have to knock down all the distracting unhappy stuff. >> they have allies out there, former president bill clinton himself getting tripped up on comments he's made that would seem to put him at odds with some of the positions of the current president. >> that is charitable to say he got tripped up. others would say there was some volition in it from the former
president, wanting to point out the way that he was more successful than president obama, but the truth for all the democrats is this. president obama does not have a great relationship inside of his party. he did -- he has not taken great care of his fellow democrats, there's been some long-standing friction there. even a hangover from 2008 as we see with the clinton folks that are spouting off about this stuff. for the president, the weaker he looks and the more endangered he looks the more these people will spout off and the more confusing and disagreeable data points are going to enter the discussion. >> i want to talk about something that we are going to get into more later on in the show. the attorney general eric holder facing a lot of heat on capitol hill, the calls for his resignation are growing. he said today in a hearing before the senate judiciary committee he has the confidence of the white house. at any point do you see this president, this administration, hanging him out to dry or walking away and letting him taken the heat for essentially the many questions about the
doj? >> i can't imagine it, simply because the president still has to worry about mollifying his base. we heard in the net roots over the weekend that january sroepbs and others were very crabby about a lot of points for the president. eric holder for liberal eud deowe logs is their guy in the administration. they really like him. if the president is seen yank -pbg the rug out from him it will not be very fun. >> thanks, chris. senator john mccain today took a controversial step in the search for answers on a recent classified intelligence leaks. he's been outspoken in his comments so far publicly criticizing the white house and even saying that president obama is directly responsible. earlier today he took to the senate floor calling for a special prosecutor, independent of any political influence to lead the investigation. >> here we are with a very serious breach of national security in the view of some the most serious in recent history,
and it clearly cries out for the appointment of a special counsel. >> as we mentioned in a senate hearing this morning a number of top lawmakers challenged attorney general eric holder about the department of justice investigation into the leaks. we'll show you that and talk with mike reagan next hour about where this investigation goes next. new testimony in the penn state sexual assault trial. the trial of former assistant football coach jerry sandusky underway. he's accused of abusing at least ten boys over a 15-year period. david lee miller is live in pennsylvania with more. hello, david. >> reporter: hi, shannon. this has been a day of great emotion and graphic testimony. on the stand for the better part of the day one of the alleged victims, a victim who said that when he was about 11 years old he met jerry sandusky through the second mile charity. the witness testified that he stayed over at sandusky's home in excess of one hundred times.
he said he stayed in a bedroom in the basement. he slept on a waterbed there, and he said that he was sexually assaulted by sandusky more than two dozen timeshe say he say those incidents took place while sandusky's wife was upstairs in that home. the witness then went onto testify that he alerted his mother to the fact something was wrong. his mother then put the then 12 or 13-year-old, in touch with the school guidance counselor. the guidance counselor then called the mother to say that her son was making allegations against jerry sandusky and this is where the story takes another twist. the mother demanded that the police be called. the guidance counselor could not believe the child's story, and told the mother that swre jerry sandusky has quote a heart of gold. ultimately the school did the right thing and notified the police. we heard from the child
protective services agency today, they interviewed sandusky, and sandusky told the interviewer that yes admitted blowing, what he called raspberries on the victim's stomach. the cross-examination is taking place now. >> white house press secretary jay carney taking the media to task over its reporting on jobs. >> i would say our general position is we're for truthful, factual, reporting that is done in context. >> we take up mr. carney's challenge. we will bring you the eye-opening context on jobs and salaries in america. a man brings a can of gasoline to a meeting with his former girlfriend. what happens next is one of the most disturbing stories we've heard in a very longtime. and in three minutes a can't miss interview for the first time since the death of trayvon martin set off a national debate in gun laws the head of the nra joins us to weigh in on stand your ground laws. that, plus new comments from
trayvon martin's parents. >> many people do not know how to handle themselves with a gun, and i just want them to take a look at this law. i'm not saying for them to get rid of it, but please amend -- amend it, please review it. this was a child, this was a kid that was shot in the heart. a party? [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!
>> this is a fox news alert. moments ago a news conference wrapped up in florida where a special task force created by rick scott is into the first public meeting on that state's stand your ground law. it was organized after george zimmerman lost 17-year-old trayvon martin in sanford, florida, and is arguing self-defense. florida's law allows deadly force if you think your life is in danger. trayvon's parents were also present and making their voices heard and demanding that the law be repealed. >> what this law is saying to us
is that it's okay to be a vigilante in our society today, and the public is not going to stand around for it, and we are certainly not going to stand around for it. >> here now to talk about this publicly for the very first time on our air is wayne lapierre, executive vice president and veo of the national rivets association. welcome to "america live." this task force complaining things in florida, they are talking with law enforcement officers, prosecutors across the board. do you think it will be helpful in changing, mod tphaoeug or even repealing these laws? >> shannon, i don't know the facts on this whole zimmerman trayvon martin case and i've heard to hold my tongue until i do. let me tell you what i do know the facts on, and that's the florida law. there is a shocking ignorance on the law, what it says in florida. all that law says in florida is,
if you're in your home, and you're glass breaks in the middle of the night, there is a presumption that person is there to cause you imminent fear of death or bodily harm. if you're in your car and someone assaults you and tries to pull you out, there is a presumption that person is there to cause you imminent fear of death or bodily harm. if you are on the street in florida, it's a completely different section of the law. it's 776012 as opposed to 776013. if you're on the street in florida, what the law says is if someone assaults you, or you're attacked you can meet force with force. the law even says, not deadly, in parentheses. the only way if you're on the street in florida that you can use deadly force, and this is no different than the law in virtually every other state in the country, in fact it's completely unremarkable, is if you have a reasonable fear to believe you are in imminent fear of death or severe bodily harm.
but there is absolutely no presumption at all that that's the case. so what you have if you're on the street in florida is simply an excessive force situation. did the person given the circumstances use excessive force or not? that is an issue of fact, it's an issue of finding out what the facts are and that's what juries are for. there's been so much distortion as to what this law says, we shoot first, and everything else, completely misinform -lg the americaing the american public. >> do you think it's purposeful or accidental? >> some of it is by some politicians that want to impose a duty to retreat on the american public where if your glass breaks in the middle of the night and there is a criminal coming into your house they want to impose a duty to retreat on the crime victim with a long complicated checklist. rather than do what is natural at the most terrifying moment of that person's life, when they are in a state of overwhelming
reactive panic which is to protect your life and family from those who would destroy it. and they want to impose that duty to retreat all over the country. it's mainly politicians and newspapers. you see "the new york times," "the washington post," a lot of the big networks, they really don't want the american people protecting themselves. they are willing to distort this in order to set their political agenda. >> i want to listen a bit to what trayvon martin's mother had to say today again. this meeting going on in florida. let's listen to a bit of that. >> many people do not know how to handle themselves w-s a gun. i just want them to take a look at this law. i'm not saying for them to get rid of it, but please amend it, please review it. this was a child, this was a kid that was shot in the heart. shannon: does that sound reasonable to you? >> you know it's a tragedy. our heart goes out to the family, but have you ever been threatened?
i mean you talk to crime victims in the country, and i'm not talking about this case, you talk to crime victims, it's the most terrifying moment of their life. they rile are in a state of overwhelming reactive panic. instinctively they'll do anything at that point to save themselves. they've done nothing wrong, they are going about their business and yet someone is trying to destroy their whole life. and the whole idea that you're going to twist this florida casein to some national movement to try to impose a duty to retreat on the american public at the most terrifying moment of their life, rather than let them protect themselves and save themselves, and open the crime victim up to civil lawsuits by a criminal that will bankrupt them is crazy. this duty to retreat may sound fine in an ivy league cocktail party, it doesn't work very well in the real world of crime victims. shannon: i want to give you a chance to respond to something that came from the president, dan gross of the brady campaign
against gun violence in the wake of this particular case. this is what he said. the nra wants us to be a nation without any gun laws, a nation where just about anybody can get a gun and take it anywhere. their leaders and spokes people use fear, paranoia and misleading notions of self-defense to justify flooding our streets with armed and violent people and the result is more tragedy like trayvon's, your response. >> one of the great strengths of america is that law abiding people in this country can own firearms to protect themselves from violent criminals that ought to be in jail, that too many politicians don't have the courage to enforce the law and put the bad guys in jail and keep them there. i mean, the american public overwhelmingly supports the 2nd amendment. we have laws against drug dealers with guns, gangs with guns, felons with guns, all kinds of gun laws and you have almost no enforcement of the federal laws on the books against the bad guys and that would really cut crime. shannon: i'm sorry we have to leave it there.
shannon: new information on reports of a yacht explosion off the coast of new jersey. the coast guard, police and emergency teams all respond wed a massive turn out of helicopters and rescue boats after someone reported that a boat called the blind date had blown up and nearly two dozen people were then floating in the water. after learning this was a hoax the coast guard has called a new mission now, one that won't likely end well for someone. laura ingle is live in new york city on this story. hello. >> the coast guard has just
released audio of what it says are fake emergency calls made yesterday afternoon. investigators say there is a certain amount of detail in the distress calls that they don't normally encounter with other hoax calls which sometimes can come from kids. listen to how the caller describes the fictional fiasco unfolding before him. >> we have 21 souls on board, 20 in the water right now. i have three deceased on board, nine injured because of the explosion we've had. i'm in three feet of water on the bridge. i'm going to stay by the radio as long as i can before i have to go overboard. >> the caller gave precise coordinates, 17.5 miles off the shore of sandy hope, new jersey where he said the blind date was quickly sinking. it prompted all emergency personnel into rescue mode to search 640 square nautical miles. they say it looks like the two short radio calls for help came from land adding valuable time and resources were taken away
from potential real emergencies and whoever faced this sos could face fines and jail time. >> what we'll do is go out and engage with people in the maritime community along that line of bearing, see if they heard anything, see if they recognize voices, maybe someone said something, any shred that we can find and we'll run those to ground and hopefully find the guy that did it. >> making a false distress call is a federal felony. the reward to find those responsible is now $3,000. coincidentally a similar call came inexactly a year ago costing the coast guard $88,000. no one has been charged in that one yet. shannon: it's eerie how normal and calm that call sound. not kids pulling a prank. there was thought into that one. >> hopefully someone will recognize the voice. shannon: thank you very much. jay carney got angry over private sector questions at yesterday's white house pwraoefrg and said the media should do your jobs and report
clearly, accurately and with context. well we've got some eye-opening context in both private and public workers and what is happening to their jobs and their wages. a former boyfriend allegedly takes rage out on his former girlfriend. what he does to her and we'll update you on her condition. eric holder is hearing new calls for his resignation. we'll tell you who is joining the chorus and asking questions in another angry day of questioning of eric holder. >> 16 months after fast and furious was uncovered and brian terry lost his life in the service of his country at the hands of a drug cartel member who shot him using a weapon that was allowed to walk under this program there's been zero accountability at the department of justice.
shannon: this is fox news alert. moments ago the heftd u.n. peacekeeping mission announced, quote, syria is now in a full-scale civil war, end quote. this comes more and year after fighting began to overthrow the government of bashar al-assad. more than ten thousand people believed killed in the past 12 months. it also comes on the same day the syrian government accused washington of encouraging more massacres, which damascus always attributes to quote, armed terrorists and a medling in its internal affairs. yesterday the white house again says it has no plans for any military intervention in the syrian conflict.
new questions today about our jobs crisis in the wake of the president's remarks last week that the private sector is doing just fine. well public employees are the ones who are really hurting. white house press secretary jay carney is telling the media we should be using more context when reporting on this story. here he is from yesterday's briefing. >> the simple fact that in a recovery that has seen 4.3 million jobs in the private sector created, it has also seen a situation where because of massive layoffs of teachers, firefighters and police officers a reduction in the public sector, again i would say that our general position is we're for truthful, factual, accurate reporting that's done in context. shannon: okay. so here is some of that context. the president was accurate when he said that the private sector has created more than 4 million jobs in the last 27 months, however, unemployment in the public sector right now running
around 4.2%, while unemployment in the private sector is running about 7.8%. the average wages for federal employees runs around 73,000 a year. private sector employees average only 47,000 a year, roughly 30% less. those federal salaries have increased by 48% over the last decade or so and private wages have increased about 30%. for that same time period. when you start digging down in the numbers for more context does it help or hurt the president's argument. leslie marshal is a syndicated talk show host and fox news contributor. >> lars larsen is a syndicated talk show host. is this out of context or not. >> out of context if you look at the entirety of what jay carney said he was talking about. the president, since his first
day in office has said, any time we have any gains, this is good, it's not happening as quickly as we would like and we have a long way to go. certainly we know the private sector isn't fine but you can't disregard this year alone over 800,000 jobs created in the private sector. we are loving in the right direction, albeit slowly. shannon: hr-rs? >> i've got to tell you something. it's completely in context that the president doesn't have any touch with reality. he says the private sector is just fine and he followed that with a sentence where he said, it's the people in the public sebter we need to worry about. no we don't. as you just pointed out they make a whole lot more money than the average american who pays their salary and expects them to serve the public. the private sector employment is down along ways. public sector employment is down short. in fact private sector employment is down about 4% overall. public sector employment is only down 2%. the president is working about the public sector because that's where the unions are the strongest and authors the votes he needs this fall.
that's the context we ought to put it in. shannon: leslie, how could this play out with voters in the pr battle over the numbers? you look at places like san jose out in california last week voting down some of the union perks and pensions. do you think the average person out there is now starting to question just how tough things are for public sector employees? >> well, as you know, whenever you take percentages, quite frankly whether it's a union employee, whether it's just a federal government employee, do we include congress in that? they are federal government employees. i'd love to see congress left and right reduce their salaries. are you up for that, lars? >> sure, you bet. >> it will be what americans feel, not what the number actually is, as i've actually said in november, on that big day, on the dave the election, what americans feel about the economy, how they feel in their own personal situation. do they feel that things have improved? and who do they trust, president obama or former governor rom row to get them there. lars, buddy you've been telling
me that the bush tax cuts are a great thing. so where are all the jobs being created in the private sector? because we still have those bush tax cuts. shannon: apparently former president bill clinton think they are not a bad thing while he's out on the campaign trail for this president. >> that's right. and by the way, this administration has been inventing new rules and regulations that have hurt energy production, that have hurt job creation and everything else. to take the number that shannon mentioned a moment ago the average public sector employee makes 50% more than the average person working in the private sector if you frame it that way. do you think the average person who is going to vote -- consider voting for president obama likes the fact that the public sector employees make 50% more than they do and have a lower overall unemployment record, and yet the president says those are the folks we have to feel sorry for. he wants congress, and he said this in the sentences after that comment last week, to shovel more borrowed money out to states and localities that have to by constitution live within
their means, so they can hire more firefighters, cops and teachers, that they obviously can't afford. that's why all those states and cities and counties have cutback the private sector workers. they have to live within a balanced budget and the president wants us to borrow money from china and shovel it out to the cities. do you think that makes any sense, leslie? shannon: all right i know you'd love to respond, leslie. we have to leave it there. we are out of time. we'll have to see how the average voter crunches he's numbers and whether as leslie said it makes a difference in november as to what they feel or see on paper. love you both. >> thank you, leslie. >> love you a lot. shannon: part son outrage growing over high profile intelligence leaks that some believe may be coming directly from the obama administration. now we'll hear from michael reagan about leaks that happened during his father's administration, what he believes is really going on inside the current white house. lawmakers turning up the heat on attorney general eric holder over the botched gun running sting known as fast and
shannon: this is fox news alert. attorney general eric holder is back on capitol hill facing a witherin line of questioning from republican senators over fast and furious. the botched gun running sting linked to the death of one federal agent brian terry. republicans furious with the attorney general say he's withholding vital evidence in this case. senator john cornyn of texas becoming the first senator publicly calling on the top law
enforcer to step down. william la jeunesse has been covering fast and furious from the start. he joins us live from our los angeles newsroom. >> shannon this just ended and it wasn't just political theater, it was tense. you could see john cronyne was being honest. >> you failed to perform the duties of your office. so mr. attorney general it's more with sorrow, and regret and anger that i join with those calling upon you to resign your office. >> i'm willing to sit down and talk about the provision of more materials. i have sent letters in that regard. the deputy attorney general has sent letters in that regard and has not had responses which leads me to believe that the desire here is not for an
accommodation, but for a political point making. >> holder claimed that he stopped gun walking when he learned of it. he he removed those responsible for it and has no intention of resigning. john cornyn said he stonewalled congress and withheld damaging information until after the election. senator charles grassley said that holder had only had himself to blame for next week's contempt vote. >> here we are, one year later, and the terry family still is waiting for answers. they are still waiting for justice. the f.b.i. doesn't have the shooter in custody. and the justice department is still defying congressional subpoena for information about how all this happened. >> democrats say this is a fishing expedition, solely to inflict maximum mum damage on the president.
they say the administration is intentionally slow walking hoping that chairman issa would move on. that of course did not happen, and this contempt vote is really acting more like a gun to the head of the department of justice and now eric holder himself says he wants to negotiate over the documents that issa has been demanding since october. back to you. shannon: thank you very much. for more on this let's bring in kristen powers, daily beast columnist and fox news contributor. tony sayak, national correspondent for talk radio news service. tony, i want to start wurbgs the attorney general today says he has no intention of resigning. he also did extend this discussion that he wanted to have with representative issa, he says he's willing to talk about compromise and what other documents he can release. he says the other side hasn't been willing to play ball with him. >> shannon, the attorney general clearly fails to realize that he is the one who was compelled by the congress to turn over documents via this subpoena, and
if there was nothing in these documents that are incriminating, or damming to him he should just do it, because the truth shall set you free. that's my advice to the attorney general. instead he's object strubted, avoided and delayed his way into this corner where now all of a sudden a year later he seems to be suggesting there is a need for an accommodation. you heard him use that word, and a compromise. no there is the need for justice and the truth. and that will only happen if this attorney general complies with the law and full tpeup fulfills the obligation of what the subpoena power of the committee has over him. and he obviously feels like he can manipulate and talk and spin his way out of this. where i do think the truth has to be found somewhere in these 150,000 pages of documents related to this very serious issue of fast and furious. shannon: kirsten what do you think is behind the decision not to release the full documents that the oversight committee has been asking for? would it just behoove the attorney general and the doj to release the documents and let the chips fall where they may?
>> well, what the attorney general said is that it's deliberative material which has been withheld by previous administrations, republican and democrat, and they reserve the right to do that, that's why they haven't released it. i think they feel and i agree with them that this is a political witch hunt. off the between these situations you have one party who decides to go after the administration and get them tied up in things like this. and, look, don't get me wrong, the death of this border agent is a serious thing, and the department of justice has said that this was a bad program. it also happens to be a program that started in 2006, before obama was president. this is a bad program. the program has been discontinued. so what are we really trying to prove here? i mean what they are really trying to do is somehow convince people that eric holder knew about it. okay. let's just say eric holder did know about it. he hasn't done anything illegal. >> then release the documents, kirsten. >> no, no, no, no, no, why are
we spending taxpayer money? i was against the valerie plane witch hunt as well by the way why are we spending taxpayer money, time on this to prove nothing, really? they've said the program is a bad program and it doesn't exist any more. why are they tying up so much of government time on this issue, except for the fact that they want to go after attorney general holder to hurt barack obama. shannon: tony, let me ask you this. any chance that this back tphaoeurs on the g.o.p.? they've been very vocal. they have hammered this again and again, this is the response from the doj yesterday. chairman issa has distorted the facts, ignored testimony and flung facts at the attorney general and others that has so many americans disallusioned with washington. any chance it blows up in their face. >> absolutely there is a chance it's going to blow up in their face, which is exactly while kirsten's point and the point the doj tries to make that this
is politically motivated is ludicrous. very often republicans have argued cases on the merits that they thought they were right on but public opinion went the opposite way. let's remember the monica lewinsky trial. we thought we had that dead to rights and it was a political liability for hreps. th republicans. the same thing could happen here. three whistle-blowers brought this to our attention. there was a dead border agent and an attorney general obstructing at every turn this investigation to get to the truth. contrary to kr*eurs ten i think it's important to find out, what people knew, when they knew it and was this authorized, was this operation authorized at the senior level of this administration? that's why the february 4th 2011 letter that eric holder and the department of justice sent to congress, which claimed that there was no senior official who was aware of these eupl proceed paoeurts improprieties, and then that same letter retracted
by eric holder is what is the case at hand there. we need to know what they discovered as a result. >> no we don't. we don't. shannon: a final word to kirsten here. >> we actually don't need to know that. >> nothing to see here, nothing to see. >> you've talked enough. let me finish. chairman issa said in an interview the other day that this was just a dumb program. this is not about the program any more, it's about the cover up. and to them i say, no your job is not to persecute people because you don't like the fact that they didn't release information about a dumb program that's been -- it doesn't exist any more. >> isn't the cover up worse than the crime sometimes? >> i criticized what they did with the valerie plane situation where people went to jail for nothing, for nothing. >> good no for you. >> your colleagues simply don't feel that way. shannon: maybe that is a particular point you two can agree on. we have to leave it there. kristen and tony thank you very much. good to see you. >> thank you. shannon: we've got disturbing images of a domestic dispute
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shannon: a horrifying attack caught on surveillance camera. some of what you are going to see is upsetting. it happened when a mother agreed to meet her ex to pick up her son. but instead of meeting her by the ex brought a gas can. >> reporter: the meeting was at 3:00 a.m. in the morning. the ex pulls out his gas
container, walks over and begins dousing the woman with gas. she then ran into the store trying to get away from this guy. there is video and still pictures of her trying to hold the door inside closed. he's outside. not only is he pulling the door, he has a large knife and maybe a machete. he grabs her and pulls her out. he grabs her, pulls her out and lights her on fire. you don't even want to see the video. the woman suffers severe burns though though she is suspected to live. the suspect is in jail. police had been called to his home in south florida a number of times on domestic issues. before he allegedly set his son's mother on fire he sent hear text message saying i'm all
about revenge. now he's in jail and she tonight hospital recovering from very severe burns, shannon. shannon: that horrifying. the outcome of the presidential race hinge on a few key swing states. the showdown intensifying between the justice department and the state of florida over removing illegals from the voter rolls. did you know the feds are suing more than a third of the states for doing the exact same thing? our legal panel of constitutional scholars debates it. >> this is not a partisan issue. this is protecting the rights of u.s. citizens and not diluting their vote by non-u.s. citizens. a party?
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battle over national security leaks. it's a brand-new hour of live already. i'm shannon bream in for megyn kelly. john mccain and lindsey graham introduced a resolution calling for the appointment of an independent counsel. >> i ask unanimous consent that the senate receive in consideration a resolution regarding recent intelligence leaks which means the appointment of a special counsel. i ask that the resolution be agreed to. shannon: that resolution meeting heavy resistance from democrats that last week condemned the leaks. >> reporter: senators mccain and graham are calling for a special counsel to investigate the leaks.
>> as always with these leaks that goes on in this town though not at the level i have ever seen, i think we need to ask ourselves first is who benefits. certainly not national security. not our military intelligence professionals or partners abroad who are more exposed as a result of these leaks. >> reporter: the wide-ranging hearing dealt with the gun running scandal fast and furious as well as the intelligence leaks investigation. one senior republican named names. john brennan and tom donnelly. >> so the question is how could there not be a conflict of interest if the evidence points to one or more of those people who according to the reporting were the sources. without and potential conflict
of interest if it pointed to tom donilon or john brennan? >> reporter: they have the authority to follow the evidence wherever it leads in these investigations. >> we have tried more leak cases, brought more leak cases during the course of this administration than any other administration. i was getting hammered by the left for that two weeks ago. now i'm getting hammered by the right for not potentially going after leaks. >> reporter: one of the main criticisms we heard is the two u.s. attorneys, one in the district of columbia and the other in maryland may have personal relationships. they would recuse themselves and
the department of justice would go outside geographically to find another u.s. attorney to lead those cases. but this story just continues to ramp up. shannon: washington has a long history of leaks, some to make somebody look good, on thers to make somebody look bad. president reagan had more than his share. coming up, michael reagan joins us with suggestions that the leaks could come from very high up in this administration. we have breaking news from the campaign trail with new numbers out from a critical battleground state. the swing states will make all the difference in the race between president obama and governor romney. it's pretty much a dead heat in iowa. scott rasmussen is an
independent pollster and the author of "the people's money." >> we numbers are so close to the national average. that's why the swing state with either barack obama or mitt romney open up a big lead they will take iowa with them. we are seeing 45% of voters in iowa say they are not excited about the choice, they will make a selection of the lesser of two evils. when it comes to the economy they trust mitt romney more than barack obama. shannon: we see that is at the top of the list when you ask vote wears they care most about. when folks head to the polls and that 1% or 2% they give to romney will put him over the top? >> if the economy does not get better by november, absolutely.
he doesn't need a new speech he needs the economy to improve. the net worth of americans net worth has fallen by 40%. americans have known it for a long time. people believe their housing values have collapsed and they are look for something to turn it around. shannon: we have other polls that we can look at. let's look at pennsylvania. that has been back and forth. it's been very close. in the most recent polling we see president obama maintains a lead there. but you think about issues through ohio as well. why do you think the president is still on top in those particular states? >> this has been a fairly safe democratic state in recent elections. you have two big urban areas philadelphia and pittsburgh hat give the president the lead at
this time. the fact that we are even talking about pennsylvania tells us something brand-new the electoral college situation. there is not a single state john mccain won in 2008 that barack obama is seriously contesting. the only question is how many obama states will he lose this time around. pennsylvania still a stretch for the republicans but it is moving into perhaps an area that you would salines only to president obama at this time. shannon: let's talk about another state that has been getting a lot of attention. wisconsin. the polling shows president obama when this poll was taken with a 4-point advantage. in the wake of what happened with scott walker do you think that holds? >> this is huge news. president obama won this by 14 points. the gap has been reduced by 10. it's a difficult state for republicans. george bush almost pulled it off. we are looking at a state with
white working class democrats sensitive to the economy. i doubt this would be the state to put mitt romney over the top. but if wisconsin is competitive or leading romney on election day it will be a very good night for the republicans. shannon: thank you, sir. shocking new numbers from the federal reserve on how big a hit americans took and a great recession between 2011 and 2010. the median family met worth fell 40%. levels not seen since 1992. 20 years of gain gone. the main reason the housing collapse that sent home values plunging. social mobility decline which means people fell to lower income brackets than rose to higher ones. new questions over the president's healthcare law and its impact on small businesses
after the president suggests his legislation isn't hurting employers and workers. stu varney joins us with more. stu, were you surprised that the president seemed surprised there may be some concerns among small businesses over the impact of the law? >>it is a surprising it was a local reporter from sioux city, iowa, he said a company in my business has gone out of business because of upcoming obama-care. the president seems surprised saying the only companies that have been affected by obama-care have been health insurers. he seemed surprised it had been. it was. the company in question, they are the manufacturer of hospital equipment. they dropped 111 people from
their manufacturing operation and they said specifically it was the added costs of obama-care that had driven them out of sioux city, iowa. the president was surprised at this. prance he shouldn't have been. it suggests the president is not firmly in touch with what's going on with small business and private enterprise where obama-care is concerned. shannon: so many businesses anecdotally. it's not that they are so dead set against it, they are worried about the uncertainty. where you see surveys where one in eight small businesses have lost their insurance or told they are going to be phased out. they don't know what's going to come next. >> if you are running a business and planning the future you want to know what's coming at you. what is the risk of future regulations and taxation. if you are a small business you don't know exactly what
obama-care entails for you in terms of costs and changes in the riewdges and regulations. you want certainty. you don't have it. so there is a tendency not to hire that extra person, not to put that extra team on duty to work for your company because you just don't know. it's the impact of future regulations, uncertainty, that really hurts the hiring process. first, they banned "god bless the u.s.a." from a kindergarten graduation suggesting justin bieber's "baby" was a better fit. now another change. it's been 50 years since the infamous escape from alcatraz. the fugitives are still out there. michael reagan on the intelligence leaks. >> we have tried more leak
cases, brought more leak cases during the course of this administration than any other administration. i was getting hammered by the left for that only two weeks ago. now i'm getting hammered by the right for potentially not going after leaks. it makes for an interesting -- it makes for an interesting dynamic. [ male announcer ] this was how my day began. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪
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shannon: a looming battle over how to investigate what some are calling the worst intelligence leaks in our history. today republicans are calling for a special council and that is meeting resistance from the attorney general and setting off a spat between republican senator lindsey graham and patrick leahy, a deal krat. >> there is no doubt in my mind if the shoe were on the other
few and everybody on that side would be screaming for the appointment of a special prosecutor. given the record of how you and colleagues bind, this cries out for corrective action. shannon: the leaks include the cyber attack on iran. details on the pakistani doctor who helped us catch bin laden and the names onki list and hows decisions on targets. michael reagan is my guest. shannon: it's nice to have this discussion with you because you have experience and inside information on how this works. is it fair to say just about every administration has leaked some information at one time or another. and it can be a useful device? >> normally you have a leaker
within the white house who is charged with leak together media to get your story out to beat the press and make yourself look good. david gergen was leaking information to the media. every administration has had it. but how far do you go with what you leak out? this so much smells like the obama administration because they are so much into themselves and patting themselves on the back and say look at me, when you have the republicans who say this man is not strong with defense, you have a president picking out the exact targets that the drones are going to go in and fire at and take out. this is outrageous, these kinds of leaks going out. it puts the president of the united states in harm's way in the future because you have taken plausible deniability away. they need to find the person who might have leaked all this information. and i think they are right. it's not from the white house.
i would check at the vice president's house today. shannon: the attorney general has tapped two attorneys general to lead the investigation. he wouldn't say what they are after. but you saw senator lindsey graham suggesting they don't think those u.s. attorneys can be independent. do you think it's enough to have those two -- they have praise for both sides of the aisle and people talk about what strong good prosecutors and attorneys they are. is it good enough? >> they will spend a lot of money trying to search out who is the leaker in all of this. they will come up with absolutely nothing. everybody will pat themselves on the back and say we did our jobs. because they will find out the leaker is probably a friend of both sides of the aisle and they don't want to take that person down. this seems to be the problem with special prosecutors when we go after people. we don't get the person we are
after, we get everybody around them. it seems the collateral damage is very high and the person we are after never gets to be found. i would worry about our friends in israel and other places that we work with to gather information and use that information for the united states of america to be able to use to take down iraq or whatever it might be. those are the problems we'll face in the future. shannon: there were accusations it might trace back to the white house. the president said those types of suggestions are wrong and they are offensive. you suggested these folks might want to check with the vice president. any possibility that he would go rogue and be leaking information on behalf of the administration without the president's express knowledge or consent? >> i don't think he goes rogue at all. i think joe biden knowing exactly what he's doing. i remember in my father's administration joe biden would
sit in on national security matters because he was in the senate. joe biden would threaten the united states that he would leak information to the media if that's the only way he could stop ronald reagan from carrying out a covert operation. this smells so much like joe biden at the presidential house. i think that's the way they framed the phrases when they say the white house had nothing to do with it. i think joe biden is at the bottom of all this because he has a history of leak together media on both sides of the fence. shannon: do you think it' an issue of semantics when the president says it didn't come from us. do you think bind would have leaked the information without the white house knowing? >> no. i think within the white house joe biden became that person to leak the information out. the president may not have said please leak this out, but it
smells like this administration patting themselves on the back saying look what we are doing, we are tough, we are strong and defense. we are taking out the paid guys. the president of the united states is picking those people to take out with the drones. the president doesn't understand the position the "new york times" and the leakers put him in in the future. now he's in harm's way before, during and after the presidency of the united states. shannon: we'll follow this and see if your predictions come true. thank you for your time. there are dueling lawsuits from the justice department and the state of florida over effort to clean up the voter rolls. did you know the d.o.j. is suing a third of the states over changes to their voting processes. it was widely considered the crime caper of the 20th
shannon: they got away using stolen spoons, dummy heads and raincoats. it's been 50 years since the great escape from alcatraz since three men broke out of the so-called escape-proof prison and disappeared. their bodies were never found. that's the beginning of a 50-year-old mystery. >> reporter: the u.s. marshal who is assigned to this case says these guys turn themselves in tomorrow he would arrest them then congratulations them because this escape was so meticulous. of 36 inmates to tried to escape, only these three made it. 50 years ago. they spent months using those forks and spoons to dig holes in the crumbling brick walls.
they made life jackets out of raincoats and a life raft. they had an 8-hour jump on the prison guards. many believe they would have drowned. of every two of three people who drown in the san francisco bay, their bodies are recovered. none of the escapees found to this game. some people even swim back and forth to alcatraz for exercise. there is a lot of proof that these guys were sending cards to their mother every year and they were at her funeral dressed up like women. and we want to show you. this is what they would look like today. this is an older version of those wanted pictures. the investigator says right there the investigator says he gets new leads every couple
months. listen to him. we have to operate under the assumption they made it because there is no proof that they didn't. >> reporter: it was unbelievable to this day nobody knows what happened out there. shannon: it' got to eat you up if you are the one trying to solve that case. thank you. you showed the pictures, maybe somebody will recognize something. as the weather heats up, think twice about faking that sun-kissed glow. some serious warnings for people who use spray tanners. did you know the department of justice is suing a third of the states over voter i.d. laws even as more states report problems with their voting systems and
why florida's governor is refusing to back down. >> we don't want non-u.s. citizens voting. we have found 100 non-citizens are on our voter rolls. over 50 have voted in past elections. i have got to enforce the law of the land. i have to make sure florida voters aren't delude by non-u.s. citizens. i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge!
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shannon: now to the efforts to contain a killer wild fire in colorado. the flames spreading fast. at the height of the winds the fire was moving 20-40 feet per minutes. >> right below that whitewater tower is where all our houses are. >> there is no telling what's going to happen. when you move into a place like that, you know you are taking your chances and it's a matter of time, not if. just when. shannon: adam housley is live from if fort collins, colorado. >> reporter: the winds 35 miles per hour with temperatures into the 90s. but the last few days it has changed to a fuel-driven fire.
difficult terrain but a different type of terrain that allows it to get a handle on it. they are hoping by 10 to the end of the day. 43,000 acres burned so far, 70% of those acres are private land. also air tankers have come in from as far away as canada. at the same time they have a chance to roll back initial evacuations. there are people hat refuse to leave in the evacuation area. >> it's not only their safety but it can hinder the traffic going through there. it's moving all different directions. it could be very quick and they are not expecting to see citizens without emergency lights driving through there. >> reporter: south of us in new mexico the fire is 30% contained. that was burning fast it's no longer a wind-driven fire, now a
fuel-driven fire. things are very dry in the west. 35 structures have burned. firefighters are cautiously optimistic there as well. as we come back live in fort col even, the temperatures were cooler. it allowed the fire to pick up bit. but since there is no wind it's helping firefighters now dealing with the topography and the dry conditions. they are saying normally 80% to 90% of the fuel is considered moist. it's significantly lower than the normal time of year. shannon: adam, thank you very much. this is a fox news alert on the battle over voter fraud in florida. the department of justice announce it's planning to sue the state within 24-48 hours.
florida locked in a major dispute with the justice department over its voter purge program making sure no illegal immigrants are on its rolls. the feds claim they are violating the law. but governor scott claimed it's his job to protect the rights of american citizens to elect their leaders. >> this is protecting the rights of i.s. citizens and not diluting their vote by non-u.s. citizens. when non-citizens register to vote and vote, it's illegal, it's a crime. shannon: the d.o.j. is suing a third of the states all in connection to changes over their vote were laws. check out the map. we are going to be joined by david ripkin. also julian epstein. gentlemen, welcome to you both.
david, the feds say florida is breaking the law. is it? >> no, the arguments are entirely specious. the d.o.j. is using section five of the voting rights act for five counties in case of change in voting rules or procedures. there is supreme court precedence that removing ineligible voters from voting rolls is not changes. section 8 deals with rye move of individuals who were previously eligible but are no longer eligible because they moved out of state. once begin the has nothing to do with non-citizens. the arguments are utterly political, legally incoherent. and under the existing federal law 303a, the help america vote
act of 2002. the state is aloud and directed to insure accuracy of the voter rolls by comparing it to data base unthe state's control including the databases containing driver's license base. this state is doing what it's supposed to do. shannon: julian, what's wrong with a state who says we want to clean up our rolls. >> i think david has a different reading of both of those statutes that most lawyers would. the national voter registration act says no state, undertake a voter purge within 90 days of either a primary or federal election. we are well within 90 days of the election. every single election commissioner including 30 election commissioners in florida say they think this would be a violation of the law and they are not going to participate in the voter purge. the requirement under the second
statute they cited which is the voter rights act, florida is a state that requires preclearance of changes in voting procedures. it's a debatable point whether this is a change in voting procedure. but most lawyers would say because of the potential discriminatory impact it would require preclearance. even the republican election commissioners in florida say they think this is a violation of the law. using department of motor vehicle records to check against the voter polls is a very, very clumsy way, and state officials including republicans say this purge has been riddled with inaccuracies including a world war ii veteran being potentially purnlgd and florida will not win this case. shannon: the attorney general is testifying on a different matter saying the d. sovment j. has done everything it could to try to work something out with florida and it was left with no
option but to sue. any chance you think they work out a lastm-minute deal? >> i don't think so given the position of the department. what the d.o.j. is doing, as a matter of law section 5 and 8 is incoherent. they don't acknowledge at all the help america vote act that i referenced. even more importantly this is a department that is utterly polite cried r -- that is utterly politicized. it's truly deplorable. you have to go back to the nixon days to see that level of politicalization in the justice department. nobody seems to care except for fox and a few on the store outlets. >> david is a superb constitutional lawyer. he's prone to flowery language sometimes. the statute is relatively clear.
it says you should not do voter purges within 90 days of an election. florida could have done it well before this period. the reason for it is you do not give people that are purnlgd an opportunity to challenge it. you create confusion and the impact is very discriminatory. shannon: for months the state of florida has been asking the department of homeland security to help florida appropriately cull the list, not knock out world war ii veterans. it's suing the dhs because it says it was never given access to information it needed so it could weed people out. >> the response first it's not a department of homeland security it, the department of health and human services. the program has limited utility. it can tell you whether a person
was -- has become naturalized not whether someone was eligible to vote or not. and secondly the department of justice point out florida has failed to provide the necessary information so they can match the votes to the records. if they wanted to participate they needed to provide the necessarily identifiers and florida failed to do that. shannon: it is suing the department of homeland security in relation to that program. >> not only is doj wrong. i have nod heard julian say anything about section 303 that directs states to insure the accuracy of voter rolls by comparing databases to voter rolls. what people are saying is the
program in question is partially useful in the state provides the necessary information to the feds so you can have a useful match. two, what it does not say and does not conflict with the law, the national voter registration act says you don't conduct these purges within 90 days. shannon: we'll leave it there. we'll see whether either of these lawsuits are settled before voters head to the polls. thank you both for weighing in. here is a question. could your self-tanner kill you? they have new worries about the main ingredient those tanners. in the case of texas justice going to the grand jury. a rancher catches a man molesting his young daughter and he beats the man to death. >> we were sitting right there,
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shannon: an accused gangster gicial girlfriend sentenced to 18 years in prison. she was convicted for helping whitey bulger hide from the law. he is wanted in connection with 19 murders. molly line has the details from boston. >> reporter: the family members of the victims of james whitey bulger's crimes have asked the judge to throw the book at catherine gregg. but the judge gave her 8 years in prison and a $150 fine. this stems from the actions she took to help hide bulger. gregg and bulger used aliases and fake i.d.s to travel the country posing as a retired couple.
they were ultimately arrested in santa monica, california where she shared an apartment filled with hundreds of news in cash and a stash of guns. in court papers, prosecutors argued that for 16 years gregg conspired to and did protect bulger, alleged to be one of the most dangerous and violent criminals in the history of this district knowing he was wanted for serious crimes. victims testifying today made it clear they believe greig is every bit the criminal and not an innocent woman in love with the wrong man. whitey bulger pled not guilty to his crimes.
he worked as an undercover informant for the fbi. he is slated to go on trial later in the fall. shannon: new details on an alleged yacht explosion. the coast guard says it was all a hoax and they are getting closer to finding out who is responsible for the fake may day calls. they found to signs of a boat or its passengers. the medicare debate continues in washington...
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