tv America Live FOX News June 19, 2012 10:00am-12:00pm PDT
>> thanks for joining us everybody. jon: america live starts right now. megyn: this is a fox news alert on some live pictures coming into us from cairo. take a look at the massive demonstrations underway right now in egypt. more than a year after thousands of protesters essentially forced an overthrow in the egyptian government. the crowds are back out again today and they are angry. they are alleging that the egyptian military is trying to grab back power. we're getting reports that these crowds earlier stormed the parliament building. you will not belief some of the political machinations going on in cairo right now in what is supposed to be a near-democratic society. we will update you and go
live to cairo in moments. another fox news alert. this time on what could be a game-changing afternoon in the investigation into operation "fast and furious". welcome to america live, everyone, i'm megyn kelly. at this hour we're awaiting a crucial meeting between the attorney general of the united states and one of the most powerful lawmakers on capitol hill. multiple sources confirming to fox news that attorney general eric holder and california congressman darrell issa will meet face-to-face at 5:00 p.m. eastern time today. mr. issa has threatened to hold the attorney general in contempt of congress accusing him of failing to cooperate with a congressional investigation into the botched gun-running sting that put thousands of guns into the hands of some very bad mexican criminals. this started back in october of 2009 when the atf's phoenix office started using a controversial gun-walking strategy that allowed the guns to be sold to suspected
smugglers in mexico so they could be traced, the idea was, to the cartels that wound up buying the guns. on december 14th, 2010, border patrol agent brian terry was fatally shot by suspected smugglers and two assault rifles that the atf let walk were found at the crime scene. we neglected the attempt to follow the guns into mexican criminals was disasterous. and did not work. we have one dead border patrol agent and hundreds dead in mexico. the next month the atf stops "fast and furious" after losing track of 1400 weapons. the same month iowa senator chuck grassley begins the investigation into this after a number of whistle-blowers approached him with information about it. that brings us 18 months later. the family of agent brian terry are no closer to the answer they want. mike emanuel is live on capitol hill with the latest
back and forth. issa wanted at 5:00 p.m. holder wanted it at 11:00 a.m.. in the end issa prevailed on that. >> reporter: that is the only development so far today, make begin. i can tell you from houses inside the committee that they received no new documents from the deep of justice today darrell issa was pressing to get the documents so his experts could go through the documentation to see if the attorney general was providing the necessary information what chairman issa was looking for. let's take a look at who is invited to this 5:00 meeting in the u.s. capitol. house oversight chairman darrell issa, attorney general eric holder, senator chuck grassley, the top republican on the senate judiciary committee who you mentioned really started off this investigation. senator pack trick leahy, chairman of the senate judiciary committee and senator elijah cummings, the
house democrat on the house oversight committee. we know those are invited to be in the room. late last night attorney general holder sent a letter to chairman issa essentially they were making a good faith offer to resolve the situation. in it the attorney general wrote, quote, we expect this extraordinary accommodation will fully address the remaining concerns that you and house leadership have identified in your written and oral communications with the department over the last few weeks. chairman issa fire adler back pretty quickly after that saying, present the documentation or else we'll move forward with contempt proceedings and wrote, quote, there is nothing extraordinary about an offer from a federal agency to fully or partially respond to a subpoena. i do however hope that the department will decide to produce the documents that would justify a postponement of wednesday's vote and will use this discussion to better understand what steps it can take if it sincerely seeks an outcome other than
continuation of contempt proceedings. so as we've seen between the attorney general and chairman issa, a tense relationship in recent weeks that continues even in these letters in the last day or so. megyn. megyn: mike emanuel, thank you. he mentioned moments ago one of the outstand issues will mr. holder produce the documents? this is all about getting the documents and chairman issa had said we want those documents before the meeting so we can discuss whether we deem you in compliance with the subpoenas. this just filed as mike was talking from our department of justice correspondent or producer, saying that now mr. holder plans on bringing the documents with him. that is not what mr. issa wanted. he will brief issa what is in the documents but before he actually hands them over he will want some assurances from chairman issa about the contempt vote. mr. issa said the contempt vote will go forward unless he gets the documents and they're satisfactory. so the two men to some extent appear to be at
impasse on that. we will have more information coming up shortly. i want to tell you about this as well. these two men, congressman issa and attorney general holder are not known for having the best of relationships. they have repeatedly butted heads during congressional hearings. this is one recent example. >> i want to ask you first of all today, have you and your attorneys produced internally the materials responsive to the subpoenas? >> we believe that we have responded to the subpoenas. >> no, mr. attorney general, you're not a good witness. a good witness answers the question asked. so let's go back again. megyn: that was just a short clip of many back and forths between the two men over the past few months and we're hearing from source this is showdown is about to take a new turn. there have reportedly been some changes, not reportedly, we've confirmed it. there have been some changes to what congressman issa is asking of the attorney general. we will tell you how he has
changed his demand and who is really pulling the strings here in our next hour in an exclusive report you will see only here. new poll numbers today over the battle over immigration. the latest rasmussen survey asking if young people are brought here illegally by their parents should they be considered law breakers? just 28% of those surveyed said yes. 60% said no, they should not. scott rasmussen is the president of rasmussen reports and guy benson a radio talk show host and political editor for down hall.com. it appears the american public would favor barack obama's move on friday assuming that he had the power to do it. but as a policy matter they believe young illegal immigrants brought here by their parents are not to be blamed. >> yes. americans are pragmatic. politicians have their
partisan and idealogical talking points. most americans are looking at this and saying if a parent bring as young child into this country you can't blame the child for that. as a result they do like the president's proposal. in fact 71% support those concepts. megyn: and yet, scott, when you asked those same likely voters whether they support barack obama's overall immigration approach and whether they think the federal government is doing enough to curb illegal immigration, it seems a majority told you they don't believe the feds are doing enough? >> 54% say it is not doing enough. only 16% think it is doing too much. these are the same types of numbers we've seen for years on immigration. it points to something we often forget. most americans recognize why somebody would want to bring their family here. they're not angry at the immigrants. they are angry at the federal government. they don't understand why in the view of most americans the federal government actually encourages illegal immigration. they want to see that stopped. i think megyn, it is also important to note that if
there was an effort to really control the borders, if the federal government was actively doing its role as most americans see it, a majority of americans favor a welcoming immigration policy. they don't have anything against immigrants. they want it done legally. megyn: that would explain, guy, when you ask people still to this day about the arizona immigration law on which we're still awaiting a decision from the u.s. supreme court anytime now, they seem to favor it. the american people continue to favor that law. so as scott points out they have nothing against, even illegal immigrants. it is not a personal matter. it is ire with the federal government for not doing more. >> that's exactly right and it is not even close, megyn. when you look at the polls poles arizona's controversial immigration law but based on public polling it is not that controversial. another news network put out a poll on the arizona poll. 75% support for that law which essentially just says,
hey, we as the state of the arizona want to help enforce the laws that are already on the books because the feds have been falling down on the job for years. and i think that scott's absolutely right. if you look at his numbers out today and a few other polls back it up, 71% or another poll has it 65% of the americans support the, i guess the premise behind the d.r.e.a.m. act, whether you implement it by fiat as the president did or through legislation, people think it is unjust to visit the since of the father upon the son. so americans do hold i think complex and reasonable views on immigration. megyn: yeah. and we're seeing that reflected in these numbers. gentlemen, thank you both so much. see you soon. >> thank you. >> thanks, megyn. megyn: we have breaking news on egypt as the future of that country is suddenly again in question. we just got this video of protesters, look at this, storming the parliament building in the last hour. in three minutes, leland vittert is live in cairo. he was in the middle of all
this as he has been from the beginning. plus israeli ambassador dan gillerman is here on new worries from israel from a country who said they would never elect somebody from the muslim brotherhood to run the country. as it turns out that wasn't correct. boldly go where no man has gone before again. we'll tell you where nasa's legendary voyager spacecraft is headed next and how it is prepared for an alien encounter. ♪ . when you have diabetes...
leland vittert. leland? >> reporter: megyn, you might say here we go again. now 16 months after the revolution here in egypt, the muslim brotherhood who said they would not run anybody for president indeed ran somebody for the presidential election. looks like he won the popular vote. in a mass protest organized by the muslim brotherhood, thousands if not hundreds of thousands of people are in the streets of cairo demanding that the army step down and turn over power to its civilian government, that being the parliament which was elected by the people. the muslim brotherhood took a plurality of the vote there. they also want to make sure their man, mohammed morsi, takes over as president. they're very angry at the army which they feel have gone into power grab. they have dissolved the parliament. they have thrown away the constitution and essentially said whoever becomes the president, assuming they allow someone to be sworn in will be nothing more than a figurehead. that does not sit well with millions of egyptians and
certainly the ones down here. we're hearing a lot of anti-americanism in the field, megyn and we're hearing a lot of people who want the muslim brotherhood, especially considering 16 months ago, the muslim brotherhood wasn't running. back to you. megyn: what a difference 16 months make. leland thank you. a little background on the muslim brotherhood. it has 300,000 active members. islamic law would form the backbone of their government. it has called israel, an occupying criminal enemy. so you can bet that the israeli haves some concerns if in fact the muslim brotherhood proves to be the winner and takes power. dan gillerman is former israeli ambassador to the united nations and a fox news contributor. great to have you with us on set here in new york. >> great to be with you, megyn. megyn: you've been up warning about this since we watched the protests which were lauded by so many people as a wonderful example of possible democracy in action. muslim brotherhood said they wouldn't run for these offices and wouldn't go for the presidency and now a
very different story. >> a very different story but a story which i think anybody who knows the very tough region we live in could have foretold. it really makes you wonder what the president thought when he threw mubarak, a 30-year-old ally, strongest and staunchest ally for the arab world under the bus. does he realize the middle east is not the midwest? cairo is not chicago? does he expect 13 wise men to wake up the next morning and form a constitution as they did in philadelphia? this is the middle east. everybody knew what was looming and everybody knew what was coming. while we respect deeply the right of the egyptian to fight for freedom and democracy and jobs and employment and education you can not just turn a country of 80 million people which has been under rule of a totalitarian regime overnight into a democracy. it takes time.
you need institutions. you need the culture. i think what we're seeing today is very worrying. it is very worrying not just for israel. israel is a villa in the jungle and we're surrounded by country who is have a different kind of life and a different kind of belief. but this is a danger for the whole world because if the middle east turns into a, the time bomb that it is, and if you get this domino effect which started in tunisia and continued in egypt and then went on to libya and is now unfolding in syria, the whole middle east could become a very, very volatile, and very ugly neighborhood, not just for israel but for the whole world and for civilization as we know it. megyn: and i want to talk about that but first i want to ask you about what it means for israel because now we've seen some violence along the border and that's, you know, something new that has developed. there have been peace accords in effect for
decades now. there is a question whether the new egypt will abide by those or this muslim brotherhood thread, israel is enemy that needs to be destroyed will take hold and change the relationships between those two countries. what do you think? >> well israel is rightly very worried. we're watching this development with great anxiety. as i said, we do wish egypt people well and we certainly wish the young egyptians who came out and filled tahrir square and did not mention israel once. when you look at those demonstrations you were not hear a word about the israeli-palestinian conflict or about israel. this was not about us. this was about them, about them wanting freedom and democracy and education and employment and prosperity and at a certain point this whole revolution, this so-called arab spring was hijacked away from them and has created the situation which israel is very, very worrisome because you do have muslim brotherhood
today who look as if they're going to form the next government and be the next president. who denounced the peace treaty with israel. who regard israel as an enemy and want to strike it off the map and we, while we still wish the egyptian people well and hope this will end postively we have to be very cautious and we are. we are looking at it and giving it the chance but being very, very cautious. megyn: these folks in the streets are concerned, among other things, about whether the parliament being dissolved, the army has said it wasn't elected properly according to the constitution and that it needs to be dissolved but they're upset about that. looks like their candidate has won. there is a question whether they will acknowledge that in egypt. you talk about the broader implications in the region and for the world. is there anything the united states could have done or can do now to avoided this situation either as it is or
from getting worse? >> i think there's a lot the united states could have done to avoid it. i mean there are these talks taking place in iran -- in moscow today about iran quest for nuclear power and if i were an iranian and i would watch the developments unfold over the last several months, and i would see the united states abandoning the iranian people when they rallied against the ayatollahs and i would see the united states discard mubarak and throw him under a bus and i would then see the united states allow bashar al-assad to butcher thousands, 10 of thousands of his own people and then be more worried about israel striking iran then about iran becoming nuclear, i were iranian i would laugh all the way to the bank. our region is one of perception. to them what you see is what you get and what you get is not very pleasant. megyn: ambassador dan gillerman, thank you, sir. >> thank you very much. megyn: coming up, diplomats
the court holding conferences in luxurious resorts. sports fishing and yoga. do we have a company retreat here? >> reporter: roger cancelled that first thing. the 9th circuit has been holding these annual conferences 1944ish. they hold them every year. they have even been to hawaii two years ago. but only this year comes on the heels of that gsa conference. the vegas, baby, vegas. it shed a lot of light on how the government agencies spend taxpayer dollars. the 9th circuit court is holding their conference in
hawaii. they got a smokin deal in maui. $230 a night. but there are 700 people going. you add in the airfare and the et ceteras and you are looking at well over a million dollars. republican senators chuck grassley and jeff sessions are demanding details. the chief judge says these meetings where you have face to face standoffs with people encourages good hard exchange. an went on to say, our conferences are renowned for the quality and depth of their educational programs. some 27, by the way, meetings at
this meeting. but it's not all work and no play. they will have paddle board lessons, sports fishing, yoga and zumba which i'm told is some kinds of a dance exercise i never heard of. in the interest of journalistic efforts, i'm jumping on a plane to go to maui to to some research. i'll write the whole thing off as research. megyn: google the judge alex kazinski. yoga doesn't qualify. it would be hard for me to take them seriously if i had seen any of them doing yoga or zumba. zumba is hard. it's a latin dance routine you do in the aerobics studio. you never felt so awkward in your life.
you are looking dumb. >> reporter: yeah, all right. just learned about zumba, but i appreciate it. megyn: have you had that same feeling? i. a new report suggests the doj has a bombshell backup plan in case this law gets struck down. the details are 3 minutes away. so exciting to look at the capitol dome. we are getting news in the showdown between darrell issa and the attorney general. we'll show you the possibility that the attorney general will be held in contempt of congress by this time tomorrow. >> of 140,000 documents how many are responsive that you are
withholding at this time. >> we produced 7,600. >> i don't want to hear about the 7,600. [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at earnedasay.org.
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contempt of congress for failing to produce thousands of subpoenaed documents. >> we had a series of letters back and forth in which we asked for document. they say they have document. we hope we receive those document before the 5:00 meeting. that was a contingent requirement for the meeting. >> reporter: there was back and forth about the time and place. >> it's not about meeting, it's about getting documents that show who is responsible for:brian terry's murder and who is responsible for lying to congress and the american people about guns walking. meg are wanted them produced before tonight's 5:00 p.m. meeting. it has not happened. we shall see if it happens prior to the meeting. we could be hours away from the u.s. supreme court's decision on
arizona's controversial immigration law. that law went into effect july 29, 2010. under it police must ask for an i.d. if they have reasonable suspicion someone they stopped this this country illegally. ration profiling is not allowed. under federal law legal resident aliens are already required to carry registration cars. the arizona governor signed the law because she believes there is a lack of enforcement. but before we get a decision opponents are already laying the foundation to shut the dow lawn through other means if it survives scrutiny at the highest court in the land. joining me is leslie marshall and lars larson. there is another case known as friendly house versus whiting. and our viewers may remember that despite the president warning that you would go for an ice cream and get pulled over
and asked for your papers in arizona when the government challenged it they never claimedration profiling or d they never claimedration profiling. if the high court upholds the law as challenged by the feds, all bets will be on friendly house versus whiting. >> you understand what's going on here. the president is trying to pander to hispanic voters. he did it last friday with his unconstitutional and illegal move to avoid enforcing the law. now he told his justice department to go after states like arizona. it doesn't matter how many cases they lose, they will keep on doing this. but it does a disservice to legal residents of the united states whether they are hispanic or from any other place. the laws should be enforced. california has very strict environmental laws that go way above the federal laws and the
epa, and you don't seat government suing california saying you can't enforce our environmental laws in california or have laws that are even tougher. yet with arizona they say you as a state cannot enforce the federal laws on the books that u.s. government chooses not to enforce. megyn: the legal standard is if a state laifs consistent with the federal late can stand. if it's inconsistent it cannot stand. that's how the feds draw the distinction. >> what is inconsistent about this law? megyn: they are split on that. leslie, not on is this other case not brought by the feds. it's brought by civil rights groups. not on are they pursuing that case and they hope to get an order blocking this law if the supreme court upholds it on discrimination grounds. they are also threatening to sue police officers forration
profiling before f for racial profiling before anyone has done any profiling whatsoever. >> i am a citizen and i was born here and i have my birth certificate. in the state of arizona what is reasonable suspicious. there are americans who are not white. there are americans who have accents. if i had a broken down truck with a lawn mower in the back i would be frightened in the state of arizona. i think this reeks of racial profiling. this is essential for american citizens. it's the responsibility of the federal government to make sure they protect and uphold our civil rights for american citizens. >> but they are not doing that. megyn: did you find it odd then that when the feds sued over this law they declined to pursue it as a civil rights matter? >> actually, i did. i'm not surprised by this
additional suit being brought. this is a war. this is a first step in a battle. additionally. lars, look at the facts. 3% of the illegal population of america is in arizona. in addition illegal immigration is down. you can thank president obama due to increased enforcement. since you blame him or unemployment in the economy, that bodes well for a reduction in i illegal immigration. megyn: even though there are examples of american citizens getting stopped. there are stories of that that we saw where a phoenix police officer was killed by an illegal immigrant. he shot him when he was trying to arrest him on a warrant. he was deported and he snuck back into the country an was not reported to the system after he was arrested.
>> out where i live in oregon, washington, we have some of the ugliest crimes. a couple of nuns who was strangled by and i illegal alien who was a catch and release. some of the ugliest crimes are happening. as for racial profiling. like it or not, 65% of the people illegally in this country are of hispanic origin. if a police officer pulls somebody over, he pulls be over who has no driver's license, no registration, no insurance. he has a card which can only be possessed by mexican citizens who happen to make up majority of that 65% of latinos here illegally. he takes the totality of the circumstances and he looks at it and says do i suspect this guy is here illegally? of course you do. megyn: i want to ask you, five states, alabama were georgia,
south carolina, utah, all followed arizona's lead. are we looking at lawsuits for years to come? >> i think the litigation will make it impossible for all of these states to proceed with their laws. how does a police officer know you don't have a driver's license or registration. >> after they pulled you over. they don't know prior. >> go on a few ride-alongs and you will learn something like i did years ago. megyn: leslie, lars, thank you both so much. coming up in just a bit. speaking of crimes. a father kills a man with his bare hands after allegedly find can that man sexually assaulting his own daughter, the killer's daughter, the father. could that father face murder charges for protecting his little girl? there is a new twist in this
case. there is a new book from david limbaugh. he says he predicted the president's new immigration order before it happened. he joins us to explain how he knew that was coming. history is in the making. new details on the voyager spacecraft mission will take it where no man-made object has ever gone before. thwheat in every mini-wheat has gotta be just right.
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columnist and author of the book "the great destroyer." david limbaugh. welcome back to the program. you talk about president obama's promise to side-step congress via executive fiat. >> i told la raza he couldn't do everything he wanted to do then he turned around and did it. the director of i.c.e., immigration and customs enforcement issued an enforcement memo direct i.c.e. agents and prosecutors and attorneys to exercise prosecutorial discretion, which is a euphemism for "don't deport." it anticipate wad he did full-blown. charles krauthammer at the time called it outright lawlessness.
in march 2012 after the dream act is defeated not too long before the department of homeland security proposed a new order making it easier for immigrants and immediate family members to apply for permanent residency. megyn: president bush came under a lot of fire for bypassing congress in the field of national security. he did things that people thought were unprecedented and inappropriate because they didn't have the approval of congress. you talk about how in your view that is nothing compared to what barack obama has done. >> not to mention barack obama is killing people he may not be interrogating. megyn: you are talking about drones. >> yes. and obama has been lawless and violative of the constitution. recess appointments when the senate wasn't in recess.
richard cordray. he ignored fast and furious requests. he's now subject to a contempt action. the no child left behind act he issued waivers tr to states from their requirements that they meet math proficiency standards in exchange for following obama's guidelines. solyndra, you subject bored nateed tax d you subordinated taxpayer loan. $15 million it's estimate it cost the taxpayers. his administration pressure youd the board of directors at solyndra to delay layoffs. it cost the taxpayers $40 million extra. megyn: you have done this comprehensive list. is this so unusual? is it unusual for a president to
use the power of the oval office to push through an agenda when he has a congress that he views as obstructionist? >> obama has taken it to a new level. it used to be that president's who didn't agree on the constitutionality of a law might be lax in enforcing it. but john yu wrote about how he did this on immigration for policy reasons. megyn: the immigration laws on the books require deportation. i want toes ask you. is this the kind of thing people may recognize the famous last name. is this the kind of thing you and rush will argue about? will he say you are too tough on obama? >> he would ground me if i wasn't this tough on obama. megyn: the bikes called "the great destroyer."
diplomats, journalists and russia watchers are trying to interpret the body language from yesterday's meeting between president obama and vladimir putin. but michael reagan just ahead on how president reagan dealt with the russians. a shoe that takes the term slave to fashion to a whole new level. look at these. at least that was before the backlash. just ahead, see what's happening with these. journey across ameri, i found new ways to tell people about saving money. this is bobby. say hello bobby. hello bobby. do you know you could save hundreds on car insurance over the phone, online or at your local geico office? tell us bobby,
megyn: remember that scene from the first stars wars movie. one "star wars" fan went over the top, rescuing the iconic igloo-style home where luke skywalker lived. the structure made from plywood and chicken wire in tunisia. the dome is as good as new. we are also see something serious new fascination with a 35-year-old nasa mission. it was 1977. a lot of things happened that year when voyager one launched. "star wars," whatever, "star trek." the spacecraft is now reportedly
on the edge of the solar system and verging on entering interstellar space. trace gallagher will explain what that means. >> reporter: voyager one is traveling at 10 miles per second which puts it 10 billion miles away from earth. about it many still sending messages back to earth. it's been doing this for many many years. these messages from the spacecraft take about 16 hours 38 minutes. but scientists say those messages reveal a huge increase in charged parse kals. those particles apparently come from stars that are exploding at the edge of the galaxies. the truth is they don't know what's going to happen because nothing has ever been out there before. so they are fascinated to find out. this thing launched in 1977.
it went to jupiter, saturn, neptune. sadly the camera, that kind of where it gets to that bubble at the end and it goes to no man'sland. the camera hasn't worked for 20 years. if it runs into intelligent life this has a greeting from earth on it it's a phonograph record in case they haven't invented c drkss. and there is a solid goal cd disk with pictures and sounds they can give to alien beings. megyn: thanks, trace. we have breaking news right after this break on the high stakes meeting between attorney general eric holder and congressman darryl issa. mr. holder is trying to hold off this contempt of congress vote tomorrow. is it going to happen? >> we had a series of letters
megyn: less than 24 hours away from a possible contempt vote again the attorney general of the united states. the two men at the center of this battle appear to be at an impasse. i'm megyn kelly. chairman darrell issa of the house oversight committee is threatening to hold attorney general eric holder in contempt for not producing 80,000 document relating to a program that allegedly let guns walk into the hands of mexican criminals. we have confirmed that the attorney general and there is a * will meet at 5:00 p.m. eastern tonight. but there is a * telling fox news he still does not have the document he wants.
listen here. >> the speaker of the house on may 18 went to extraordinary length to narrow this investigation to just two sub categories of an investigation because of the sensitivity. but the two areas he limited it to there are no deferss for not answering the subpoena and our hope is they will begin delivering the document they say they have. the attorney general said it in live testimony that they were gathered. we would like to have it before the 5:00 meeting. that's what we requested in the letter and what we expect. megyn: so far it has not happened. it's only 2:00 p.m. in the east. i suppose mr. holder could deliver them in advance. but our latest information is he would bring them with him and have there is a * review them in his presence. he said something in there which is a critical detail which a lot of people in this country missed. speaker boehner who considerably
narrowed the request, the focus, the scope of document being demanded by congress. they wanted 80,000. that has been whittled down to 1,300 documents to a category mr. holder says encompasses 1,300 documents. what are they still arguing about? >> reporter: you have the investigation, then you have the politics of proceedings. we are talking about the politics of going forward. when you look at the investigation, you have everything that happened before brian terry, and then who approved the tactics, then the coverup after he was killed. so that original subpoena was broad. it asked for maybe 80,000 documents. megyn: they wanted everything. who okayed the operation, who said yes to the wire taps. they have given up on that. >> reporter: that's right.
22 different people, et cetera, out the window. what they are concentrating on, and this is something that speaker boehner -- is the coverup. did they mislead congress. the 1,300 document relate specifically to that. megyn: they told congress in a february 2011 letter that guns were not allowed to walk into mexico. then 10 months later after congress continued to doggedly investigate it they had to withdraw that letter it was so full of inacross a is. issa's people would say lied. it is speaker boehner pulling the strings here. our information is that congressman issa * would like to go much further than speaker boehner is allowing. >> reporter: i have spoke on several members of the oversight committee. here what is i'm being told.
we portray this as issa versus holder. i'm also told's issa versus baron. chairman is a believes the doj is stonewalling. speaker boehner has a different feeling about this. he has concerns about going forward in a political year with this. he has given the green light to the contempt. however, over the weekend i was told he cooled on that and is now more favoring this idea of maybe going to a deal. but issa has a fine line here because these republicans in the oversight committee, they heard this evidence. they want the whole ball of wax and are not going to stay silent if suddenly they cut a deal where they are left out of all this information which they have been led to believe up to now to tell their constituents what happened. how did this happen. megyn: it sets the stage for the meeting at 5:00 which shows
chairman issa who is not feeling warm and fuzzy about eric holder. he's trying appease his boss, john boehner. your information is if this goes forward tomorrow within a contempt of congress vote. if it goes to the full house floor for a vote, they have got the votes against him. >> the oversight committee is 22 republicans, 16 democrats. they can get out of committee. i'm also told they can get it if it gets to the house floor and they have the votes to get it there. an important party here is the national rifle association. i have been told by several people that they want this to go forward. they can do a lot of arm twist. there is something called the nra scorecard. if you are a member of congress you don't want to get graded down. they can target your district. there are some democrats in swing districts in southern
states who could not handle a negative nra vote. megyn: our viewers should keep in mind, there are reports and some believe this entire operation was not a botched gun running sting, it was an intentional operation to let guns walk to gin up anti-gun sentiment. attorney general eric holder phase what would be the third time in history that the u.s. congress launched a contempt effort against a sitting attorney general. coming up, jay sekulow and julian epstein. they will join us in five minutes on some of what you just heard here exclusively. fox news alert. another supreme court decision we are waiting for at this moment. and that is the decision on the healthcare law. the white house senior adviser david plouffe says they are ready at the white house for any
contingency. we are hearing the obama administration plans top move ahead with implementing the major elements of the signature legislation no matter what the jut come. here is how they will announce the next set of rulings which may or may not include the healthcare decisions. opinions start thursday morning at 10:00 eastern time in the morning. first the chief justice announces the docket number and title of the case. that when we'll know what decisions we are about to hear. each justice has the option to read his or her opinion or simply announce results. after that the high court will publish the opinion. so if some or all of the legislation is struck down, how will that play politically if the obama administration maintains a dogged attempt to resurrect all or part of it? chris stirewalt joins us from washington.
chris, if this thing get struck down, a thing that is still not popular with the majority of americans. the numbers are even higher if you ask them if they want it declared unconstitutional. and the obama administration goes actual steam ahead to implement what remains of the law or double down and trying to go at it with the public option. what are the risks politically? >> if the supreme court strikes down the compulsory insurance, the requirement from the federal government that you must buy federal insurance, that puts a $1 trillion hole in this package. that's how much money the insurance companies expected to take in over the next decade from all the people who were forced by the government to buy insurance. if that goes away you have got a serious problem. the cbo said they expect up to a
20% increase in private policy costs if that happens. now we are hearing and the ap is reporting and we are check can it out that plan from the white house and from democrats in congress is fine, let's press ahead with all of the stuff tonight, the entitlements, the subsidized insurance, all of these new goodies. go forward, but that trillion dollar hole is waiting. if they do that that will cause serious upheaval in the insurance markets. if that happens there will be intense pressure with the president to come up with an answer. megyn: it is one thing for the white house to say full steam ahead. there is no such thing as defeat. we'll do everything within our power. it is another to get the members of congress to the extent they need a vote from law makers to pass any part of an effort to resurrect part of it or save part of it. and there is a lot of talk about whether that would be necessary, to ask those members of congress
to have another vote on healthcare in an election year. what is the realistic chance of that? >> very slim. that's not going to happen. but if you are a liberal member of congress, a liberal democrat you like that you know what ends up filling that trillion dollar hole? is what the president called the public option. a government-run insurance program or a single payer option like they have in a lot of european countries. megyn: does it get to the point where the individual mandate goes, the rest of the law stands and somehow we wind up with a public option no member of congress has voted on? >> if what in fact happens is that trillion dollar hole blows up the private insurance industry as we know it. americans shift on to the government program as the private insurance sector winds down. if there is no money to be made there you can bet they won't be out there doing it. they can't afford to make a proffer it if they don't get the
forced insurance for these people who don't want to buy insurance now. they will get out of the business and that shifts everybody over to the public sector. that's very expensive. and for a lot of liberal democrats that would be just fine. megyn: the individual mandate is the funding mechanism of this bill. you force young healthy people to get into this insurance pool because you need their money, you need their premiums. if you take those people out by saying you don't have to buy insurance, it undercuts the funding mechanism the way the whole thing was set up so there is a real question about as a practical matter how can it work without devastating the private insurers? chris, who knows, it could be 48 hours from now we'll find out. thank you, sir. >> you bet. megyn: top senators from both parties are asking the high court to allow live television coverage when it delivers its
ruling. when the justices decide to read their opinions from the bench, sometimes it gets firey. it's a real moment inside the high court when they do that. senator patrick leahy who is a democrat and senator charles grassley sending a letter to chief justice john roberts arguing these issues are some of the most important in recent court history and the outcome of this decision will affect tens of millions of americans. so far no comment from the court and court watchers not hopeful. you heard some of the major breaking developments at the top of the hour in the fast and furious investigation. sources are telling us that congress has the votes to find mr. holder in contempt if what he delivers today is not satisfactory. 3 minutes to what we expect over the next 20 hours.
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megyn: we are less than 24 hours away from a possible contempt of congress vote against the united states attorney general. but the biggest impediment to that vote may not be the attorney general eric holder, it may be the speaker of the house. joining me now, jay sekulow, chief counsel for the american center for law and justice. and julian epstein. the main obstacle to the contempt vote is not eric holder and what he may or may not deliver tonight. it's not chairman issa and we may or may not want to do. it's john boehner, the speaker
of the house who is feeling hickey about going after the attorney general and forced darrell issa to significantly limit the scope of his request. originally they wanted everything related to fast and furious. and tell us how this letter came into the u.s. congress that completely was full of misleading information and you had to with draw it. they bailed on number one, they are only going after number two. what they are dealing with now is 1,300 document. how did this happen, julian? >> it what's i predicted last week. i thought the speaker had cold feet on this largely because the kind of information they were asking for was law enforcement sensitive, it was grand jury material. congress has never gone the it, congress will never win that fight. it was because the speaker had
cold feet on the breadth of the request. and now they narrowed it to the information surrounding the events of the february 4 letter and how that information could have got to the hill with the inaccuracies that were in it. that's a much smaller category. i think the attorney general is prepared to make concessions on that even though previous attorneys general and administrations have said congress can't get that kind of information between an attorney general and his subordinates. i was involved in a fight with bush 41 administration. the attorney general is willing to make it concessions on that so long as in exchange for those concessions they can have a resolution to those issues and take the contempt off the table. the question for issa is whether he's willing to accept the
accommodation or whether he wants to keep this issue alive because he lines the headlines. but i think the attorney general is ready to make the concession. megyn: i apologize to jay sekulow, we are having a problem with his mike. the question, though, apparently speaker boehner signed off on category number two that relates to the february 2011 letter that was sent to senator grassley. it says we don't allow guns to walk. that letter was full of factual errors to give the doj the benefit of the doubt. issa's team might say lied. for 10 months later they with drawtd letter. so speaker baron is concerned about alleged lies to congress. mr. holder is not off the hook yet. if the document they get today suggest that there was an
intentional attempt to mislead the congress, then we could still see some sort of repercussions for the attorney general. >> absolutely. i think today is very important with the nature of the document that are going to be produced. it's going to be the scope of those documents that will determine where this goes. i don't think anybody should be reading for a moment that the speaker is not willing to proceed with an impeachment and contempt of congress. the fact of the matter is, this is one last chance. i think it as serious chance. with due respect to the attorney general i think he's taking it seriously. the question will be will they comply with a dually authorized the subpoena or won't they. the problem is the letter of february 24. it took months and months for it to be withdrawn.
roger clemens had to face a trial in the district of columbia over allegedly lying to congress and the attorney general smits a letter full of inaccuracies as a matter of law and fact and he withdraws it six monthed later? >> first of all, the question on whether he complies with the subpoena -- if he complies, if there are no privileges associated. the committee itself and issa has conceded 95% of what they were asking for was inappropriate. they dropped that request. now the committee is saying they want to get into the february 4 letter issue. so the committee conceded most of what it was asking for was inappropriate. the february 4 letter, the question is whether there was a coverup. i don't think there is any evidence there was. i don't think there was evidence holder knew about the guns walking. megyn: or deputy lanny breuer. >> let me finish the point.
the committee has refused to call the head of the alcohol tobacco and firearms. megyn: to be continued right after this break. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. ...more talk on social security... ...but washington isn't talking to the american people. [ female announcer ] when it comes to the future of medicare and social security, you've earned the right to know. ♪ ...so what does it mean for you and your family? [ female announcer ] you've earned the facts. ♪ washington may not like straight talk, but i do. [ female announcer ] and you've earned a say. get the facts and make your voice heard on medicare and social security at earnedasay.org.
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going to give you the information. some are saying a he might claim executive privilege. but that won't work because they are saying the white house wasn't involved in this. the third option is to surrender the documents. this is quite a constitutional showdown. the reality is you have got to be hopeful for the good of the country here that the documents are produced. julian said the scope of the document request has been narrowed. let's see what's in those documents. if the attorney general doesn't produce those i'm afraid the alternatives are not attractive to the attorney general and it's not good for the country. but you don't get to do this when you are in elected office. you can't put in an incorrect false statement and pull it back and say i'm not going to give you anything about it. they narrowed the scope. it's time for those documents to be produced. this is a crisis created about it attorney general himself. i'll say this with due respect to the office of the attorney general.
this is not good lawyering. the legal application here and the legal strategy the department of justice has deployed in this situation is just preposterous. the attorney general could answer those questions. two weeks ago they were asking questions about those emails and the a.j. said it's not about fast and furious when the emails said fast and furious. megyn: let's talk turkey, julian. they have to cut a deal today, do they not? >> no. megyn: if issa says this is unsatisfactory you are telling me holder will let him go forward with a contempt tomorrow? >> i think what happens today, they go into a meeting at 5:00 and holder says i'm glad you conceded 79,000 of the 85,000 you were asking for are inappropriate. megyn: he says i haven't
conceded anything. now we have 1,000 documents in question. i think holder's position -- i totally disagree with jay that this is badly lawyered. badly lawyered by the committee asking for things they shouldn't have gotten. but holder saying i will make an accommodation to you. the privilege will be the deliberative process privilege. i'll make a concession to you that other administrations have not made concessions on if we can have an agreement the contempt citation is taken off the table. it's possible it could get resolved today. but it's possible those discussions could go on for the remainder of the week. generally the way these things get resolved at the end of the day is the committees need to get more specific about what they want and what the rationale is for what they want. the theory is there was a coverup. there never was a coverup. the bush attorney general had information about guns walking. they never looked at that.
the atf said they never had knowledge. there is no evidence of that whatsoever. >> you haven't seen the document. you can't determine that. you are a good lawyer, you know that. you can't determine what they have or have not covered up. megyn: our information is those on the committee see postponing the vote, the contempt vote, the same as killing the contempt vote because the july 4 recess is coming up. that puts us closer to the elections and it just gets much more difficult. we'll see what happens today and tomorrow. it could determine the outcome in this entire matter. gentlemen, you are great. i appreciate you being here with your insights as always. another alert on news breaking in the effort to halt iran's nuclear weapons program. high-level talks between iran and western governments just broke down in moscow in the last 30 minutes. the negotiator wrapped up by
telling reporters significant differences remain between the two sides. the iranians call it their quote most serious effort at reaching a deal. we were told yesterday that that effort included iran saying we are not giving on anything until you remove all sanctions first. we'll bring you more as it becomes available. much has been made about the body language between president obama and russian president putin at their meeting yesterday. one minute they are ignoring each other. later they are laughing and winging and so on. it's a minor matter but it's a bit of a window into the relationship. michael reagan joins us with a lesson he says every one can learn from president reagan. >> the march of freedom and democracy will leave leninism on the ash heap of history. wow.
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megyn: fox news alert. we want to update you on our top story from last hour. there are massive demonstrations underway in egypt as new comes up about that country's political future. more than a year after thousands of protesters forced an overthrow of egypt's government. the crowd are back out again alleging that the egyptian military is trying to grab back power. we're getting reports these crowds earlier were in a
showdown with police outside of the parliament building. the military essentially dissolved the parliament over there. they say it was not constitutionally elected but those including the muslim brotherhood who won seats there are upset about that move. they also believe that their candidate, the muslim brotherhood candidate, has won the presidential election and upset about some consternation over that. we'll update you as we learn more about the situation there. diplomats, journalists and political bloggers trying to interpret the body language from yesterday's meeting between president obama and russian president vladmir putin. this is the first time the two had faced each other since russia refused to stop a weapons shipment to syria. it was actually the first time they have sat down face-to-face since 2009. but then later in the day they were seen laughing and joking, leaving some to wonder what gives? completely opposite of
president reagan during the cold war. you didn't need body language experts or analysis on tone of voice. president reagan was very clear at the outset with his dealings with the russians. you may remember this chestnut. >> general secretary gorbachev if you seek peace, if you seek prosperity for the soviet union and eastern europe, if you seek liberalization, come here to this gate. mr. gorbachev, open this gate. [cheers and applause] mr. gorbachev, tear down this wall. [cheers and applause] megyn: what lessons can be learned from that? michael reagan, is a political consultant and chairman of the reagan group and your father's relationship with mikhail gorbachev has become the stuff of history books. as we look today at the current relationship between the american and russian presidents put in perspective for us historically.
>> well, historically, you know, the russians always respect strength what you had going on yesterday, you had one president there dealing from a deck of cards that was basically a very weak hand. another president sitting there with a very strong hand. putin with the strong hand, our president with a weak hand. when ronald reagan sat down with mikhail gorbachev back in the '80s he sat down with a very strong hand. he had "star wars" going for him. he was working to undermined the currency, the ruble in russia. he was very strong not only with his rhetoric to you and me but also with mikhail gorbachev. mikhail gorbachev believed him when he said i'm going to push put you on the ash heap of history. he backed it up with strength. in this administration there is absolutely none, megyn. when you have a president, the first act he did what is with? ronald reagan walked away from reykjavik because of "star wars." and barack
obama, first thing he did was take away missile defense from poland and from the czech republic. i was there in 2009 on the 20th anniversary of freedom for those two countries and the first question the president of poland asked of me that morning at breakfast was, why did your president take away our missile defense? that afternoon the ambassador to poland, asked me the very same question. you had this administration, the first thing they were doing was caving in to the russian government. they do not respect an america that caves in to them. they only respect strength. my father used to say it. peace through strength. megyn: you talk about your father saying that the communism was going to wind up on the ash heap of history. and that was as part of, one of his speech that is considered the original evil empire speech. it was given back in 1982, june 8th, 1982. here's a little bit of that. >> i have discussed on other
occasions including my address on may 9th the elements of western policies toward the soviet union, to safeguard our interests and protect the peace. what i'm describing now is a plan and a hope for the long term. the march of freed many doll and democracy which will leave marxism, leninism on the ash heap of history as it has left other tyrannies which stifle the freedom and muzzle the self-expression of the people. megyn: help us understand. how does that -- >> basically you have the rodney king foreign policy can we all just get along here. that may work in poughkeepsie you about does not work with putin and that part of the world. they only respect strength when. you have putin who is in fact very much involved with iran and their nuclear arms, when you have a putin who is very involved with sending weapons to syria and our president can't do anything about it because he doesn't deal from a deck of cards of
strength, only weaknesses. when we was with medvedev the other day, what about a year ago, the former president of russia, what did he say? have putin calm down. i can take care of things after the election more so than i can do now. that is another sign of weakness. they have no respect for that. megyn: we were supposed to have hit the reset button. there was that sort of weird video of hillary clinton and her russian counterpart literally pressing a reset button to mark, the new era of our relations with russia but doesn't seem like we have a whole lot of power over them. and one of our analysts was saying the other day it's because in part we need them to allow us to fly every owe russia to supply our troops in afghanistan. even if we go out there with the most bellicose language possible, talking with a strong force and asserting american exceptionalism and so on, we still need that passage. how much will language and attitude and demeanor change
the realities of the situation? >> what you're trying to sell to the american people is as long as we can use that passage to take care of our people in afghanistan it is okay that putin sends weapons to syria to that they can kill their own citizens. that's what we're saying with this whole operation. if you had a strong president, a world leader, you wouldn't have this kind of a situation. the problem that we have today is there are no leaders in the world. maybe merkel, sitting there in germany but she has nobody surrounding here. ronald reagan had lady thatcher. half have, -- havel. pope john paul. he had all these people to fight the evil empire. right now there is no president in washington who is willing to bring everybody together towards one goal, the freedom of the world. and stopping russia from sponsoring state terrorism. megyn: amazing when you hear some of your dad's remarks about tear down your wall thing. we played it so many times, it makes you feel something.
he was a politician who could not only get things done but made you feel and one of the many reasons they called him the great communicator. >> 25 years ago. megyn: michael reagan. thank you, sir. >> thank you. megyn: coming up next, a texas father kill as man who he caught sexually assaulting his own 5-year-old daughter but could that girl's father now be charged with murder? originally we were told no. so why did they just give the case to a grand jury? "kelly's court" takes up the case next. >> it was a shock to me something happened here around that because nothing happens in a small community like that forever. he should get a father of the year award. any father should do that for their child. >> he justified to catch what he caught and i do believe it is justified.
sexually assaulting his 5-year-old daughter. the assailant's five year daughter, the father. he was not charged initially but now the case has been ruled a homicide and a grand jury has been convened. police in the meantime say they have no reason to doubt the father's motive but the grand jury proceeds. >> during the course of him trying to rescue his daughter, he struck the individual several times and the individual ended up dying. >> he had remorse that the individual had died. i mean, it wasn't his intent. he was just proteching his daughter and doing what he thought he had to do to protect his daughter. megyn: so if that is how the sheriff feels, and the d.a. is saying the sheriff reached the right decision, why are they convening a grand jury? joining me now, joey jackson former prosecutor and now defense attorney and mercedes colwin, fox news
analyst. that is the question, joey. the d.a. came out and said that sheriff was correct in not arresting the texas father based on immediate evidence at the scene but when, it seems there was additional evidence they acquired that led him to convene a grand jury. why? >> indeed. what happens, megyn, you want to protect the integrity of the process. i think everyone overwhelmingly has the view or belief he was justified doing what he did. having said that it is important we not administer street justice or we otherwise say vigilante system appropriate. that is why it is appropriate to get a grand jury together, a neutral body to hear all the evidence and make the decision was this indeed a crime or was it not? was the father justified in intervening and attempting to protect his daughter or was he engaged in vigilante justice and making revenge as a result of something he didn't like occurring. >> mercedes, is this a waste of taxpayer dollars and
time? i mean the circumstances of the initial attack this father witnessed said the now decedent, jesus flores, who was 47 was found on top of the 5-year-old girl with his pants down. what is to investigate? >> exactly right. it would will be vigilante justice if the raped happened yesterday and father gunned him down in the street that is vigilante justice. coming upon the raping of your 5-year-old child and you pull this guy off of you? he didn't show up with a gun. ironically if the father had gone to a gun and shot him while raping his 5-year-old child he wouldn't have any homicide chargeses. >> why? hand on hand combat? >> really ironic. all about stopping the sexual assault. when he pulled that man off his child and started beating him, that is where the lines are blurred. if he had come upon them and he is raping his 5-year-old child, takes a gun and shoots him dead, that is reasonable force but because
you pulled him off and started hitting him that is where lines blur. frankly there isn't a single jury out there that will ever convict this man. megyn: there isn't, joey, is there? >> i have to tell you mercedes is absolutely right. if the jury indicted him we would look at jury nullification because we don't like it. mercedes talked about something important, blurred lines. the grand jury has to get at that critical line and determine was this something he was attempting to prevent? as we know texas law says if you are justified in protecting the daughter and intervening and otherwise pulling her off, that is where the death occurred he would be justified. megyn: joey, that they have uncovered something that suggests that this sexual assault was not happening and that this related to a beef between the two men? because what they are saying since the june 9th incident, investigators have heard several detailed witness accounts. they have conducted an autopsy and physical and forensic exam of the child. based on those results they
decided this was a homicide. that doesn't mean murder. just somebody else killed him. and that it needed to go to the grand jury. they did know each other, the father and this man, no? >> i think there are two things critically important, here, megyn. we up touched upon it before. we have want the public to be confident about the outcome. megyn: we are. >> there is lot of agreement with that but i don't think you want to leave it to the sheriff or the district attorney. leave it to a neutral party. megyn: what about that, mercedes? the companies made initially in the trayvon martin case. that got outrage. then they appointed this special prosecutor and you know. is there some value to having a second layer of evaluation? >> i'm with you, megyn. when you first started saying isn't this a waste of money? frankly many more crimes and many other circumstances that need devotion of those time and resources. this case isn't one of them. i think probably there is underlying current, we have to have a deterrent out there. folks start taking these
matters in these own hands god knows where that goes. >> that is the problem. megyn: much different when the act is in progress and father steps in to stop it. thankfully the little girl said to be okay. thank you, panel. we'll be right not once in my life did i ever think i would have heart disease. she just didn't fit the profile of a heart event victim. she's healthy, she eats properly. i was pushing my two kids in a stroller when i had my heart event. i've been on a bayer aspirin regimen ever since.
megyn: the term a sleeve to fashion taking on a whole new meaning for adidas as the company pulls its shackle sneaker before it hits the store shelves. the shoes sparking an uproar and charges of racism. trace gallagher explains from the west coast newsroom. trace? >> reporter: this is one of those cases where even adidas would like a do-over. they weren't supposed to be released until august but released them on their facebook page. they called them the handiwork of a designer but outrage grew across the web.
twitter called them adidas slave shackles. they evoked slavery and left adidas in the middle after public relations nightmare. here is a radio talk show host talking about these things. play it. >> slavery is not something i would try and make money on to replicate something. i would hope that the schools will say you can't wear these here in our schools. >> reporter: that host of course is an african-american activist. a lot of people came out applauding the shoes claiming they have nothing to do with racism. many who doesn't see the racism said the sneakers were in poor taste. after getting pummeled online, adidas finally came out and said it was pulling the shoe, issuing this quote saying we apologize if people are offended by the design and we are withdrawing our plans to make them available in the marketplace. the designer is a man named jeremy scott. he lives in beverly hills. he said it was a takeoff on this, my pet monster which was, a cartoon and a toy
back in the '90s. you see there. it has shackles around his waist and wrists. that is where he got the idea for the shackled high-top tennis shoes. megyn: jeremy, jeremy, jeremy. thanks, trace. >> reporter: okay. megyn: brand new developments in the fort hood massacre. why the judge just barred the suspect from the courtroom. plus will there be another delay in this trial? we'll go in depth, next. let's take a paint project from
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>>megyn: veterinarians in north carolina zoo are considering contact lens for caesar, a 12,000 pound african bull elephant at zoo. he was depressed after cataract surgery failed to help him. now, they hope a pair of contact lens three time larger than those used by people, will help him get back to his old self.