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tv   Special Report With Bret Baier  FOX News  June 25, 2015 3:00pm-4:01pm PDT

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hurt. i'm like hello, aero beds are like this to the ground. >> to me they're like a skyscraper. i fell and it took awhile for me to hit the ground. >> that was your one more thing bonus round. set your dvrs so you never miss "the five." special report is out. the supreme court saves obama care again ruling subsidies for 6.5 people are legal. this is "special report." >> good evening. welcome to washington. i'm bret baier. president obama says the affordable care act is here to stay. again today, the nation's highest court validated obama care. this time on the subject of federal subsidies. but that does not mean the end to republican vows to repeal and replace it. fox team coverage tonight. mike emanuel looks at reaction to the decision on the campaign trail and on capitol hill. but we begin at the u.s. supreme court. the correspondent shannon
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reason. good evening, shannon. >> reporter: hello, bret, for the second time the supreme court led by chief justin john roberts, george w. burn appoint year has upheld president obama's chief legislative achievement and handed the administration a big win. in a 6-3 decision the supreme court made clear it will have no part in dismantling the affordable care act. at issue whether the irs violated the law when it extended subsidies into all 50 states despite a phrase in the aca that says subsidies will exist in states that have september up exchanges. more than 30 of them chose not to. writing for the majority chief justice john roberts said "while the meaning of the phrase an exchange established by the state may seem plain when viewed in isolation, such a reading turns out to be untenable. those credits are necessary to avoid the type of calamitous
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result that congress plainly meant to avoid." >> judge scalia wrote "this court rewrites the law to make tax credits available everywhere we should start calling the law scotus care." he says "discouraging truth that the supreme court of the united states favors some laws over others and is prepared to assist and uphold its favorites." the administration has been dogged by the so-called obama care arktd text m.i.t. economist michael gruber. >> if you don't set up an exchange that means your citizens don't get their tax credits. >> reporter: the administration repeatedly tried to distance itself from gruber despite his numerous appointments at the white house including at least one meeting with the president as the law was being drafted and remained confident it would be victorious. >> this law is working. and it's going to keep doing just that. >> reporter: neither the administration nor lawmakers appeared to have a backup plan in the event that the court struck down the extension of the subsidies and may have dodged a
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political bullet. >> we're going to continue our efforts to do everything we can to put the american people back in charge of their own health care and not the federal government. >> it's a victory for common sense and for all american families. >> reporter: judicial executive and legislative branches aside, the latest fox news poll shows half of americans aren't convinced. 50% still say they wish the law had never been passed versus 45% who are glad it was. a number of states that did not set up exchanges were wondering if they would be forced to following a ruling today that struck down the subsidies. but because that didn't happen after today's ruling the number of experts are saying there's really no motivation for the states to do that instead avoiding the headache and expense of setting up the exchanges and letting their residents go through the federal exchange. health >> shannon breen, thank you. in some ways this gives gop
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presidential candidates more red meat. >> reporter: it didn't take long for the supreme court's ruling to reverberate on the campaign trail. several candidates said despite the ruling it's still a lousy law. >> i believe obama care is bad for americans, bad for the country. >> people are not getting good care. they're not being taken care of right. everybody's unhappy. >> reporter: and former florida governor jeb bush said quote this decision is not the end of the fight against obama care. wisconsin governor scott walker blamed washington saying "instead of just finger pointing from the president for why his law is failing, we need real leadership in washington and congress needs to repeal and replace obama care." other gop candidates expressed disappointment and laid out the impact on this race. >> i believe 2016 will be a national referendum on repealing obama care. >> whoever the republican party may nominate the one thing i can assure you is that they will repeal and replace obama care
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with something better. hillary clinton, the most likely democratic nominee, will make obama care her own. >> reporter: in fact she embraced the law tweeting yes, scotus affirms what we know is true in our hearts and under the law. health insurance should be affordable and available to all. and her aides put on instagram a throw back photo of clinton hugging president obama in the situation room calling it a victory close to hillary's heart. affordable health care for every american is the law of the land. a new bloomberg poll reveals bernie sanders has eaten into clinton's lead in iowa up 8 points for may. and clinton is also down in new hampshire with sanders up 6 points from a month ago. today sanders called the high court ruling common sense. the idea that we would simply throw another 6.4 million people all of health insurance and totally disrupt the affordable care act he said makes no sense. he's glad the supreme court ruled the way it did. former maryland governor martin
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o'malley said "we must continue to build and improve upon this hard-won progress." former arkansas governor mike huckabee called this a new low for the court and that a simple majority in black robes are circumventing the law. business woman carly fiorina said it is outrageous the supreme court once again rewrote obama care to save it even though it isn't working for the majority of americans. and former pennsylvania senator rick santorum says if you want to get rid of obama care you must elect a conservative president. bret? >> takes awhile to get that all in. mike thanks. well today's decision continues what has been by all accounts a very good week for president obama. congress has approved two major items in the president's trade agenda setting up the real prize, a pacific rim trade pact. also there has been no significant pushback on a change of policy regarding ransoms for americans taken hostage by terrorists. but iran remains a thorny issue with nuclear talks coming down to the wire. more on that coming up. first, to capitol hill and
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new information about thousands more e-mails in the irs targeting scandal destroyed during the investigation. thousands of e-mails vanished. here's correspondent rich edson. >> reporter: after an order to preserve evidence the internal revenue service says it erased hundreds of backup tapes containing tens of thousands of low is lois lerner e-mails. >> we haven't even gotten into the content of the e-mails. we're just trying to get them so we can actually read them and figure out what was going on. >> reporter: testifying before the house oversight and government reform committee, the treasury inspector general for tax administration's office says there are still up to 24,000 unrecovered lerner e-mails. >> the erasure was done by irs employees in martinsburg, west virginia. our investigation found no evidence to prove the erasure was done in an effort to purposely destroy evidence. >> lerner was director of the
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irs's exempt organization office. that office says for two years it delayed applications for conservative and tea party organizations. after promising to provide congress all of lerner's e-mails, irs commissioner john costinen says his agency lost or destroyed two years of her electronic correspondence. he pledged his agency would attempt to recover those lost e-mails. however, the inspector general says the irs failed to search several sources for lerner e-mails, like backup tapes, hard drives and loneaner laptops that he says ultimately failed to disclose e-mails. >> the house ways and means committee and the oversight and government reform committee here that it quote confirmed the e-mails were unrecoverable end quote. given then that these tapes had been stopped, give than
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recoverable data still existed on the tapes was, that statement true. >> it would appear not to be true. >> the as for the investigation, congressman elijah cummings charges this inquiry has devolved into a republican-led political spectacle. >> this investigation has squandered tens of millions of taxpayer dollars in a failed scavenger hunt for any possible evidence to support republican accusations against lois lerner the irs and the white house. >> revealing few details on his findings the treasury inspector general says he's going to offer his preliminary report next week though he says he may have to issue a supplemental report on his investigation depending on what additional facts emerge. bret? >> rich edson live on capitol hill thank you. continued worries about greece its economy, the shaky negotiations over another possible bailout sent stocks into negative tearrritory today.
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the dow is down 76 s&p 500 lost 6. fox 10 in phoenix with iraqi officials confirming the pilot of an f-16 that went down in southern arizona overnight was an iraqi who had been training in the u.s. neither iraq north the arizona air national guard have announce whad happened to that pilot. wral in raleigh, north carolina with another child bitten by a shark. 8-year-old brady knowles is said to be in good spirits and recuperating. his dad says the boy was standing in knee-deep water in surf city when the shark came up from behind. two teenagers, you may remember lost limbs in separate shark attacks earlier this month off of oak island. and this is a live look at new york city from fox 5, our affiliate there. the big story there tonight, a report accusing whole foods of overcharging customers. the "new york post" reports the department of consumer affairs says whole foods charged extra on vegetable platters chicken
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tenders and berries. the company denies the accusations. that's tonight's live look outside the beltway from "special report." we'll be right back.
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up. what could be interpreted as bad news tonight for president obama on iran. several top advisers are coming out strongly against a nuclear deal with the islamic republic. chief washington correspondent james rosen tells us why. >> reporter: as secretary of state kerry prepares to leave for vienna for the final scheduled week of the iran nuclear talks, he is and president obama faced an unprecedented public revolt by five former aides, faulting them for negotiating a weak deal one that will leave iran a threshold nuclear weapon state emboldened in its aggressive regional behavior. former cia director general
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petraeus former nfc ambassador dennis ross. form state department arms control adviser robert einhorn and gary samore signed an open letter stating "most of us would have preferred a stronger agreement. we fear that the current negotiations may fall short of meeting the administration's own standard of a good agreement". >> the group had a sense and did have a concern that the negotiation does not fall short of these kinds of prince. that's one of the reasons that the group decided it was important to put out the statement. >> with the new red lines he's demanding unacceptable restrictions on the verification provisions. and i don't think the administration can afford to agree to those kinds of terms. >> reporter: administration spokesman cast the group's statement not as an alarmed critique but rather an endorsement of mr. obama's approach. >> the types of concerns that outlined in the letter are very
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much on our minds as well. >> so when they say we fear that the current negotiations may fall short of meeting the administration's own standard of a good agreement, they just don't understand what the administration is doing i guess. >> i'd just say they have no reason to fear. >> reporter: director of national intelligence general james clamp acknowledged to lawmakers in a june 3rd letter it would have been appropriate for his agency's 2015 worldwide threat assessment to have made mention of the iran-hezbollah terror network as the state delayed its annual report on human rights which fouled iran guilty of arbitrations detentions torture and killings. the iran nuclear talks, however, are not linked are human rights. >> i'm always hopeful, yes. >> reporter: it's not just former advisers to president obama who are very concerned about the way the iran nuclear talks are unfolding. the latest fox news poll finds that just 17% of registered voters are quote very confident that the president can handle these negotiations with fully 50% saying they are not very
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confident or not at all confident. one final note we just learned from the white house that president obama received a phone call today from russian federation president vladimir putin with one of the topics discussed iran. bret? >> james rosen, live on the north lawn. james, thank you. please join me this weekend for a special look at how jordan's king abdullah is trying to fight both syrian president ba bassil al assad. and details about a modern-day underground railroad of hope to america for syrian christians who believe they may have lost their ancestral homeland forever. >> they flew via europe into mexico city and then to tijuana where they got a helping hand from a coyote, someone who smuggles people in across the border. he only gave us his first name manny. he described his role in this complicated process. >> i have many law enforcement
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friends who are willing to help along with our movement to facilitate the crossing whether it be border patrol friends or law enforcement agencies political ties anything that's needed. >> reporter: with all the danger fadi had experienced at home he figured there would be trouble. but he was surprised by how smoothly the whole process went in mexico. fox news reporting crossing jordan escape from terror debuts friday 10:00 p.m. eastern time. isis terrorists have launched a swift counter offensive after recent setbacks against the kurds. major assaults took place in two cities featuring deadly car bombs and a sneak attack carried out by militants dressed as syrian rebels. dozens of people reportedly were killed or wounded. president obama's top intelligence official is pointing the finger squarely at china for the major hacking of federal government personnel data. director of national intelligence james clapper seemed almost complimentary of the hack today saying the
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perpetrators exhibited a great deal of skill. >> please don't take this the wrong way. you have to kind of salute the chinese for what they did. if we had the opportunity to do that i don't think we'd hesitate for a minute. >> just to be clear, are you identifying china as the perpetrator behind the opm attack? >> well i mean that's the leading suspect. >> the president's press secretary declined to comment on clapper's statement. the death toll from this week's heat wave in pakistan is nearing 900. temperatures dropped to 93 degrees today from sunday's high of 113. the situation has been complicated by muslims fasting without water to observe ramadan. that has led to large-scale dehydration. still ahead, how one of the most ferocious critics of republicans and fox news maintains a tax-exempt status. first are we any closer to recapturing those two convicted killers nearly three weeks after
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funeral services have begun for the nine victims of last week's church shootings in char ston south carolina. mourners gathered today for ethel lance and rhonda coleman singleton. president obama will deliver the eulogy for another of the victims tomorrow, reverend include men clementa pinkney. another worker at a new yorkt a maximum security prison is in trouble over the two escaped
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convict. >> the search for two escaped killers i now in its 20th day. more than 1100 law enforcement officers have followed up on more than 2400 leads and tips day and night with not a single confirmed sighting. just evidence left behind in a hunting cabin, including a bloody sock and prison-issued underwear for the positive dna match to richard matt and david sweat who authorities say are likely now armed with guns stolen from that cabin. now a second prison employee has been charged with the escape gene -- faces two felony counts of tampering with evidence and another felony count of introducing dangerous contraband into the maximum security prison. in a statement to investigators, palmer admitted giving the men pliers and a screw driver and access to a catwalk to allow them to cook in their cells. he also gave them paint and accepted paintings from the men is accused of trying to destroy
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evidence. palmer also admitted passing hamburger meat with hacksaw blades inside given to him by joyce mitchell also charged in the accessory to the escape. his attorney says palmer passed a lie detector test proving he didn't know there were blades embedded in the beef. he's not being charged in connection with the meat. >> did he make some mistakes? yes. and he acknowledges that and takes responsibility because that's what he does. he's a man of integrity. but he did not plan or aid in the planning of the escape. >> reporter: well just before this afternoon's court hearing that attorney announced he will no longer be representing gene calmer. a new attorney will be by palmer's side for his next court appearance on monday. outside the court the prosecutor said the man was duped. >> rick leventhal, thank you. firefighters in california are battling a trio of blazes tonight. a fire that drove about 1,000
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people from their homes in santa clarita has reduced to embers essentially the blaze shut down part of a major freeway today. other fires are burning in the san bernardino mountains and south of lake tahoe. president obama has an interesting response to one unruly white house visitor. the grapevine is next.
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politicians expect to be heckled but not when addressing what is supposed to be a friendly audience. yesterday president obama spoke in the east room of the white house to mark lgbt pride month and welcomed what he called a rowdy crowd. he was right. >> i told you that the civil rights of lgbt americans is -- yeah. hold on a second. okay. you know what? no no no. no no no no no. no no no. hey. listen. you're in my house. [ cheers ] >> the protester was an undocumented transgender woman calling for the release of lgbtq immigrants held in detention centers. the crowd may have cheered the
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president's quip but many on twitter took issue with the characterization of the white house as his. quote obama forgot it isn't his house, it's the house of the people. another added, he is a guest in that house and he should never forget a series of february avalanches damaged afghanistan's power systems. good thing the u.s. built a $335 million power plant designed to respond to emergency situations right? well the bad news the afghans are not using it. electrical shortages were felt throughout the country and the special inspector general for afghanistan reconstruction is demanding answers now. the power plant began construction in 2007. after the usual delays and extra costs was handed over to the afghan government in 2010. but the afghans cannot afford to run the plant. it has been operating an at a dismal 2% capacity. usaiv has two weeks to offer an explanation. finally waste is not just in
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government. a delaware charter school principal is accused of spending at least $128,000 of school money on personal expenses including alcohol, electronics, like a 55 inch tv and a treadmill. the delaware state auditor says knoll rodriguez also paid $2,000 for christmas ornaments. the auditor found he took advantage of procedures. he has left the school at the request of the board. u.s. officials say the state department has been unable to find in its records all or part of 15 work-related e-mails from hillary clinton's private server that were released this week by the house select committee on benghazi. clinton says she handed over all of her work correspondence from her tenure as secretary of state, but officials now say these exchanges with long-time confidante sidney blumenthal were not among the 55,000 pages she provided from her private e-mail account. tonight a look at why media
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matters. a frequent critic of this channel continues to get favorable tax treatment from the government despite what appears to be some very partisan political activity. here's fox news media analyst and host of fox's media buzz howard kertz. >> reporter: media matters the liberal advocacy group that spends much of its time defending hillary clinton is facing new questions about its tax-exempt status. media eye columnist says founder david brock and other staffers function as mere extensions of the clinton campaign. despite irs rules barring tax-exempt outfits from participating in any campaign activity for or against political candidates. the scrutiny is now focused on sid blumenthal a confidante and former clinton white house aide who sent secretary of state clinton a stream of e-mails on benghazi on what blumenthal called the media smear. he was hired to work with media matters and two others founded
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by brock, emergency bridge and correct the record which is designed to promote the former first lady's candidacy. he was paid another $120,000 a year. >> david brock says he's a political activist. they made very clear that their job is to defend hillary clinton in her pursuit of the presidency. >> reporter: in an opinion piece, brock rips the house benghazi committee'sivation of blumenthal saying the panel is trying to imintimidate his group and citing our role in specifically defending hillary clinton from the republicans' unfair attacks on the subject. another group that enjoys tax-exempt status is the conservative media research center which generally defends republicans and whose founder brent bozell has launched an openly political group called for america. media matters executive anglo cocoako cohen says they comply with all
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laws governing nonprofits. it's unclear whether -- the supreme court sides with the president and the administration on obama care. again. one dissenting justice says we should just call it scotus care. we'll talk about it all with the panel when we come back. a calling. a love affair. a quest. the next horizon. everyone loves the chase.
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today after more than 50 votes in congress to repeal or weaken this law, after a presidential election based in part on preserving or repealing this law, after multiple challenges to this law before the supreme court, the affordable care act is here to stay. >> it's just fundamentally broken. and we're going to continue our efforts to do everything we can to put the american people back in charge of their own health care and not the federal government. >> well, the big decision today a big win for president obama. the u.s. supreme court voted 6-3 to uphold obama care again.
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this time dealing with subsidies, federal subsidies. here's the vote. the justices upholding this. chief justice roberts, ginsberg kennedy, breyer, so sotomayor. dissenting -- >> in every case we must respect the role of the legislature and take care not to undo what it has done. congress passed the affordable care act to improve health insurance markets, not to destroy them. if at all possible we must interpret the act in a way that is consistent with the former and avoid the latter. section 36 b can fairly be read consistent with what we see as congress's plan and that is the reading we adopt. scalia in dissent. today's interpretation is not merely unnatural it is unheard of. who would ever have dreamt that exchanges established by the state means exchanges established by the state or federal government? under all the the usual rules of interpretation in short the government should lose this case
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but normal rules of interpretation seem always to yield to the overriding principle of the present court. the affordable care act must be saved. we should start calling this scotus care. judge andrew napolitano amy walter national editor for the cook political report and syndicated columnist charles krauthammer. judge? >> well i think the justice scalia was right. i think the most telling part of his dissent is why does it take 21 pages to explain what four words mean when the four words are ordinary english words with ordinary common meanings that all of us understand? here's the treacherous part of this decision. and that is how it might be used in the future. because the court today declared for itself the ability to take ordinary plain english words, declare them ambiguous in the context in which they're used and put an entirely different meaning to them than that which was given to the court by the
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drafters of the legislation. that is almost tiryrannical power and that's what prompted the dissent by justice scalia. >> supreme court nominations when we see them on capitol hill and the hearing. >> i remember john roberts. >> there's a lot of talk about political activism. and is that what this is? >> no. i don't think -- >> on the part of the court. >> oh, yes on the part of the court it is. justice scalia is exactly correct. because this court is willing to do almost anything to save this statute, even that which is unnatural, unnormal and unheard of as justice scalia pointed out. >> amy, but to justice roberts' point, is he saying in this opinion, you know what congress wanted to provide health insurance. if you don't like this law, electric other people and overturn it. >> it seems that is what he hurricane earl was saying which
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is pretty clear if you read the entire bill. they did not have any intention to leave out certain states that didn't abide by whether they had a state or federal exchange. the bottom line too is yes he wants to say if you don't like this, go fix it legislatively which republicans have talked about this issue a lot, run on this issue a lot. they haven't provided any options legislatively to overturn this. >> they have options. they haven't unified around one. >> correct. let's say that. they haven't passed any or unified around. yes, there is a president who can veto it. that's where you're going to see the leadership that needs to be taken on the part of the gop nominee who establish that. but the great irony of all this is there are a lot of republicans out now especially republican presidential candidates who are saying this is terrible. their very relieved because there was not a plan there was not a consensus for what to do next. so this actually takes off the table what could be a very problematic issue for republicans going forward. >> on the politics side
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definitely. on the back to the court and the precedence. your thoughts. >> right. i think the biggest irony is that scalia and roberts agree on the motive behind the roberts' ruling. they agree in fact roberts sort of confesses this he says that he doesn't want the court to overturn this. and if there's any way that he can find to justify the exchanges he will find it. in other wordshe sees his role as being the sleuth who goes into the law and somehow justifies it. he made the same argument the last time he saved obama care when it was challenged because it was an illegal penalty. so he decided that it wasn't really a penalty, despite the fact that in the government briefs they had admitted that but it was a tax. so he invented something that wasn't in the law because he said he didn't want to overturn it. scalia says the same thing. scalia is saying the principle
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roberts is upholding is not the plain interpretation of the law. roberts admits that the plain interpretation of the language of the law would strike down obama care. he admits it. but he has a higher principle. and the question is why does he want to preserve obama care? i'm not sure it's because he believes in the policy. i think he's afraid that if the court overturns something so broad, so deep so important that was debated for a year and a half it will damage the court. and he sees his role as a protector of the reputation of the court. i think he's entirely wrong in doing that. but it's the only plausible explanation i can find. >> you know charles is exactly right. but it's even worse. because in the prior case three years ago, nobody argued that it was a tax. both sides said it was not. he said it's a tax. in this case both sides said the language is not ambiguous. he said it's ambiguous. he's pulling these nonideological technical rules out of nowhere in order to salvage this statute.
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>> all right. >> undermining the reputation of the court while doing it. >> let's talk about the politics here. listen to the gop reaction from presidential candidates. >> the supreme court has ruled that one part of this law is not unconstitutional. well yippee. this is now success? >> is obama care here to stay? >> i hope not. i disagree with their decision. i believe obama care is bad for americans, bad for the country. >> what we have is another example of the supreme court becoming the extreme court. >> justice roberts who approved it he was put there by bush. and jeb bush is the one that was pushing him. they might as well call it the roberts obama care. honestly that's what it is. >> so what about this amy? i mean the bush slight at the end there. but first of all, latest fox news poll health care costs, are you concerned about the cost of health care? extremely concerned, 31%. very concerned 50%. 81% of respondents said they are
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concerned about rising costs of health care. do these republicans have the red meat to run on this issue now free and clear? >> so the question is is there another shoe that's going to drop. none of us could have predicted whenever that was when they rolled out the health care which seems like health which seems like five years ago. guess it was a couple years ago. that it would have been such a disaster. that provided such a strong impetus for criticism for it. will it be rate increases or some other snafu. the bottom line it still comes down to at some point a republican nominee or republican congress is going to have to provide an answer for what actually will replace it. >> let's say they unify. >> right. >> is it enough for this american public to move the ball on this issue, or is the president right, that aca is here to stay? >> i think it is here to stay until there's an alternative. and the question is here's what's fascinating. this opinion of the health care law has not budged in years.
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it doesn't really go up or down. if you like president obama, you probably like obama care. if you don't like president obama you don't like obama care. we're going to be here for a good long time even when the president leaves. >> or as scalia calls it scotus care. >> look. scotus care is here to stay unless and until the republicans win the white house and hold the senate. if they do, there is no question that they will repeal and replace. they're going to run on it. it's going to be something that they're going to campaign on it. they'll be committed to it. and the president is going to have to do something about it. i think they will have a plan. and if you're the president you decide which of the various plans is going to be done. if the democrats hold the white house, it's here to stay. >> the president says he's now survived two major court cases in the supreme court. he's won an election where the other candidate pledged to repeal obama care. even though many conservatives said mitt romney wasn't the best one to make that case because of romney care. so what happens? >> what happens now? i think the burden has shifted
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to hillary clinton. she's the one that's going to have to defend all the defects, all the people that lost their coverage that had their premiums increase that had their deductions increase that can't go back to their doctors. she's going to have to defend this monstrosity if she's the democratic nominee. >> and there are still more challenges in the pipeline. the one mandate. >> there are challenges. but i don't see them succeeding. the strongest one is the religious one. it only applies to religious communities and religionus organizations. >> roberts has shown he's not going to let the law die on his watch no matter what. i think that's a dead end. >> even if he has to rule against little sisters of the poor? >> he will go against the little sisters of the poor. even the big sisters of the poor. >> have mercy on him. next up some of the president's former advisers go public to warn against a nuclear deal with iran. if you have moderate to severe plaque psoriasis. isn't it time to let the real you shine through? introducing otezla apremilast.
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secretary's reaction was when he looked at the letter that he didn't find that there was a whole lot of daylight between our position and the nuclear talks and what's laid out in this letter. >> most of us have woo have preferred a stronger agreement. how is that contestant. consistent. >> they have principles important in final deal. those prince pells are generally top the princes. >> they don't understand what the president is doing. >> i would tell them they have no reason to fear. >> five former top advisors to president obama in an open letter saying this: quote: we fear that the current negotiations with iran, unless concluded along the lines outlined in this paper and buttressed by resolute regional strategy may fall short of meeting
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the administration's own standard of a good agreement. the agreement in negotiation. secretary kerry leaving for the final week. we're back with the panel. charles, this is ominous sign. >> it is. it is a real warning to the administration. when five officials who worked for him on this including david petraeus. dennis ross, the five chiefs under president obama are saying in very polite and delicate words it will not meet the standards for a good agreement. which is a way of saying it's a bad agreement and you promised us there would be no agreement bad agreement. >> yes we agree on the five principles. the reason they are in a panic is because obama and kerry have talked about the principles and indicated they are ready to cross the red line. two examples, obama said we are not terribly concerned about the lifting of the sanctions at the beginning. what we are really concerned about is reimposing them afterwards which is a direct
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contradiction of the principle that you don't relieve the sanctions unless iran has started to comply. that's gone by the boards. second was iran has to come clean on past military actions. they have insisted that's a principle. kerry says 10 days ago well, you know, that's not really important because we have quote: absolute certainty about iran's nuclear reaction, which is complete hogwash. so they are already indicated they are ready to abandon these principles. >> the other person who is raising some alarm bells is senator corker from tennessee. it's beyond -- there is obviously concern from outside the administration, former members of the administration as well as congress also ratcheting up concern. look, this is a president administration they want to get this done. this has been something that you can see every day. they suggesting whatever it takes we are going to get a deal done. they are not going it hit
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the june 30th deadline. i think a warning shot is probably the best way. >> dennis ross told james rosen today it's self-fulfilling at some point. they want' to get the deal done. it becomes that they will get it done. >> i think they were stung by this rebuke and most josh earnst to find common grounds are ridiculous. i will make your day in a really bad way. just two weeks ago the supreme court under john roberts ruled in a different case but involving this kind of an issue unless it involves declaring war or spending money congress has no say in foreign affairs. it's up to the president. so what barack obama and john kerry want, they're going to get. >> that is going to cause. >> until the community decides they don't like it. >> that will cause quite an uproar. >> yes, it will. >> thank you for bringing it back to the supreme court where we started. >> where we start and where we end. >> that's it for the panel stay tuned for a special farewell.
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finally tonight, the supreme court justices made head had lines this morning. our own judge ruled last night judge napolitano presided over one late night show. >> just like there is no way, mrs. clinton, to outlaw the flying of that flag on private property. >> now you just referred to me as mrs. clinton. >> my sixth time on your show i am exsilver exas i recall rated. >> were you thinking about whether a hot dog is a sandwich? [ laughter ] >> i'm a vegetarian. >> judge andrew napolitano, everybody. >> i mean six times on that show judge. >> strange ideological bed fellow. >> i think it's the laugh. >> thank you bret. >> that's it for us tonight
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that's it for "special report," fair, balanced and unafraid. greta go "on the record" right now. this is a fox news alert. first, it was joyce mitchell a prison worker. now it is a corrections officer inside the maximum security prison accused of helping the two dangerous killers get out. fugitive richard matt painting and trading his work and in return prosecutors say the corrections officer handing over everything from meat, to tools even access to restricted catwalks and electrical boxes. that's certainly not all. today the corrections officer gene palmer arraigned in upstate new york as the manhunt for two killers spreads. fox team coverage. griff jenkins and shake up with a corrections officer lawyer. first fox news rick leventhal with what went down in court moments ago. rick? >> well, greta gene palmer was not in