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upon when they eventually entered his residence. much of what was inside including explosives were destroyed but there was also quite a bit that police were able to gather for evidence purposes. it could be a year before the case against james holmes goes to trial. that according to the district attorney in the case, carol chambers. she said that after holmes's advisory hearing yesterday. the judge has placed a gag order on the case. jenna, that means we won't be hearing from attorneys or police anymore at this point. back to you. jenna: still plenty to talk about of course. the president yesterday or i should say on sunday mentioned this incredible story of these two girls, these two best friends that were in the theater. and we're hearing from them for the first time. tell us a little bit about that. >> reporter: we are. this is ali young and stephanie davies. you remember one is credited for saving the other. they were both in the theater on friday and ali was shot in the neck. stephanie, her friend, held her hand over the wound to stop the bleeding. and you're literally in the mouth of hell and laying there in the dark with all of this madness just, chaos going on and, she is telling me, stef, run, you need to get out of here and, i mean that is the thing about just like, you never really know how close you are to somebody and how important they are to you until you can test your friendship and literally say you were both willing to lay down your lives for each other. >> reporter: meantime a makeshift memorial for the victims is growing. it is located across the street from the theater where the shooting did take place just behind us here. also, jenna, family members are starting to make funeral arrangements. we do know at least one that is scheduled for this friday. back to you. jenna: a sad week for so many. thank you so much. jon: as jenna mentioned i'm just back from colorado where i spoke with one of the very first-responders to the century 16 theater on the scene in the moments after the shooting. that source shared some startling information including the fact that the attack could have been far worse. here's why. the suspect carried in a number of weapons including that 223 caliber semiautomatic rifle. he apparently purchased this after-market, high-capacity drum clip. the thing held maybe 100 rounds or more but it was of inferior quality. it may be the reason his gun jammed. authorities found live ammunition on the floor the theater as if he had ripped that thing off of there and a bunch of bullets came spraying out. once it did jam, holmes reportedly walked out of the theater and threw that gun down. he also did not fire all of the bullets in his handgun. my source telling me that holmes seemed genuinely surprised that cops got there so quickly to arrest him. this might be the reason the first responder telling me that at least many of the fellow officers believe that holmes wanted his booby-trapped apartment to blow up first, expecting that that would create a diversion several miles away from the theater that would keep police and rescue personnel away. well, more "batman" movie related incidents reported across the country. at least three men were arrested in separate incidents and another theater clear out entirely. rick folbaum with more on that from the breaking news desk. >> reporter: you had to figure it wouldn't be totally smooth sailing at "batman" screenings across the country after last week's tragic event t wasn't but thankfully no one was hurt in any of these cases. from new jersey to maine and to california the shootings had an impact. a man stopped speeding was heavily armed. he was driving around wit ak-47 assault rifle, four handguns. a lot of ammo. he was on his way to shoot a former employer after watching the "the rising." police have not confirmed he actually watched the movie. they checked out his house where they found a machine guns, several other guns and thousands of rounds of ammunition. police say they don't know what his entensions were and he was charged with speeding and possession after concealed weapon. police in los angeles were called to a movie theater when a man shouted about guns after the "batman" movie didn't start on time. this is 52-year-old clark tabor. he got impatient. i should go off like in colorado. does anybody have a gun? he was arrested on charges of making criminal threats. in arizona, 27-year-old michael balboa, charged with disorderly conduct and threatening intimidating after a drunken outburst. 50 people ran from the theater scared what might happen. in edgewater, new jersey, a movie theater operator stopping a "batman" showing after someone got up from his seat and opened an emergency door exit. police were called in. no one admitted to having done it. so the screening was canceled and everyone was sent home and given their money back. just a few story, jon. there will no doubt be some more. jon: so awful some of these cooks even in minor ways copycatting what happened there. >> reporter: true. jon: rick, thanks. jenna: president obama and governor romney back in campaign mode today after pausing in the wake of the incident in colorado. mitt romney addressing the veterans of foreign wars convention today it is the same group president obama addressed just yesterday. today's speech kicks off a new focus on foreign policy by governor romney on the eve of his overseas trip tomorrow. mike emanuel is live in reno. and, mike, what do we expect to hear from governor romney? >> reporter: well, jenna, we expect governor romney will talk about america's position in the world. that american power has been the greatest force for good in the world. we also expect governor romney to talk about the national security leaks that have gotten so much attention in recent months. on that front he is going to say, quote, this conduct is contemptable. it betrays our national interest. it compromises our minute and women in the field and it demand a full and prompt investigation with explanation and consequence. whoever provided classified information to the media, seeking political advantage for the administration must be exposed, dismissed and punished. the time for phone walling is over. we also expect governor romney to talk a bit about the national security leaks, forgive me, about the upcoming defense cuts that are due to kick in january, to say, call out the president's leadership on that issue. jenna? jenna: interesting. interesting to note as well, mike, you have a bug by you? that is what happens with outside shots. got to get those away so you can focus. >> reporter: that's right. i'm out in the elements. jenna: this is the first time since world war ii i believe we have two candidates running for president that haven't served in the military. i'm sure you've been talking to some of the veterans. what do they want to hear from the man whoever that is, that will be the next commander-in-chief? >> we talked to some of them after president obama spoke yesterday. some sounded pleased with what they heard. others said they were waiting to hear what governor romney had to say. they suggested they wanted him to be straight with veterans what he is going to do if elected. take a listen to this. >> i would suggest to mr. romney he take as hard look what can he save in the va administration. >> i think he needs to be honest with us and tell us what he is going to do and show some facts from what he has done before. >> reporter: i should point out while governor romney is coming here to reno to speak to this critical veterans group, back in boston at romney headquarters, former president george w. bush and former first lady laura paid a visit about an hour to romney campaign headquarters. a bit of a pep talk to the romney campaign. of course the former president stayed out of the political spotlight. is not going to the republican convention in tampa but, behind closed doors, sought to rally the troops in the romney campaign. jenna? jenna: i want to get a fly swat irto the screen. mike, you did a great job. don't take it personally when the bugs are around you. >> reporter: must be my cologne. jenna: must be. thank you. jon: right now pennsylvania's new voter i.d. law under fire. the feds are opening a new investigation whether it discriminates against minorities while the aclu and other groups are headed to court tomorrow to fight the law that requires voters to show photo i.d. before casting a ballot. eric shawn in our new york city newsroom with that. hello, eric. >> reporter: hi, jon. the justice department is investigating pennsylvania's new voter i.d. law. attorney general eric holder says he wants to protect the right to vote across the nation. but critics say he is doing this for partisan political purposes. he heatedly denied that. in a letter sent yesterday and sent to the sate's acting secretary the justice department is asking forea massive amount of information to see if pennsylvania complies with the federal voting rights act. they want a complete voter registration list for the whole state and any information about people who lack i.d. critics claim more than $750,000 pennsylvania voters do not have photo i.d. they fear they could be barred from the polls in the presidential election in november. the state announced it will give out photo i.d.'s for free to anybody who wants one. supporters say, photo i.d. will prevent voter fraud. the presidential primary election in april when i.d.'s were not yet required, this is what a philadelphia commission report found. evidence of voter fraud, including voting by nonregistered people, voting in the incorrect party's primary, districts with more votes than voters, voting in the incorrect district, voting more than once. voter impersonation and voting by noncitizens. >> you think it is racist? do you think they're trying to intentionally prevent president obama from being reelected because of voter i.d.? >> i do not. i think it is really about balance. you want the best balance that you can between honest elections and making sure that everyone who is eligible is registered to vote and able to vote on election day. >> reporter: the justice department has already sued south carolina and texas over their voter i.d. laws. of course if you suspect voter fraud or problems at the polls where you live we want to know about it, voter fraud at foxnews.com is our address. we read every single e-mail and are acting on some of them. jon: eric shawn in our newsroom. thank you. >> reporter: all right, jon. jenna: we just talked to mike who is in reno for mitt romney's speech today. jon: right. jenna: he will be giving that speech and heading overseas. he has a big overseas tripped planned. what it is aimed at talking about his foreign policy credential and what he wants to highlight there. some on both sides of the aisle saying that he is hiding his best qualities and they don't have anything to do with foreign policy. we'll take a closer look at that. jon: also, why do we love online shopping? no lines, no parking and for so many people, no sales tax. jenna: it is all so good, isn't it? jon: but you don't get anything for free, do you? the taxman has a long arm and he could be reaching into your computer soon. plus, remembering an american pioneer in space. legendary astronaut sally ride. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. and i'm here to tell homeowners that are 62 and older about a great way to live a better retirement. it's called a reverse mortgage. [ male announcer ] call right now to receive your free dvd and booklet with no obligation. it answers questions like how a reverse mortgage works, how much you qualify for, the ways to receive your money, and more. plus, when you call now, you'll get this magnifier with l.e.d. light absolutely free. when you call the experts at one reverse mortgage today, you'll learn the benefits of a government-insured reverse mortgage. it will eliminate your monthly mortgage payments and give you tax-free cash from the equity in your home. and here's the best part -- you still own your home. take control of your retirement today. ♪ ♪ jon: we are your election headquarters. right now, governor mitt romney is preparing to outline his foreign policy vision in an address to the veterans of foreign wars convention in reno, nevada. some are saying the presumptive republican nominee is making the wrong pitch to the american people, choosing to make his general election fight a referendum on president obama instead of selling his own strong credentials as a successful businessman, a governor and a family man with deep religious con who has given millions to charity a political article is out, quote, the result is a kind of self-imposed paralysis on biographical messaging some observers including republicans say may wound his campaign in an era which voters want to achieve a kind of unprecedented intimacy with their candidates. let's talk about it wither run mcpike, national political reporter for "real clear politics." "politico" is not the first to make this obsvoice. -- observation. you have written this same kind of thing. >> it is plus straighting for -- frustrating for reporters we don't get more information out of the candidate. some of it is about the experience at bain. mitt romney talks about often his 25 years in the private sector. he simply says i know how the economy works. i know why businesses succeed and why they fail and but he hasn't explained why he knows that and what it is they do and he needs to start talking, i would say, about the lessons he learned, running bain capital how he would apply that to the federal government as president. jon: he has talked though, fairly specifically about companies like staples which was a bain success story, right? >> he has to some degree but he hasn't also talked about the failures that the obama campaign is of course talking about, the failures of some of these businesses and the layoffs that happened with some of these companies that fade and why it is that they failed and the lessons that he learned from those failures. this is another important point. jon: speaking of mr. obama, he has attacked mitt romney relentlessly over bain capital. called him the pioneer of outsourcing and all of that stuff. have those attacks failed? >> the romney campaign is making the argument that the attacks have failed because they're pointing to very close polls in all of the swing states and of course in the national polls that looks neck-and-neck nationally and in the states that will matter for the electoral college this fall. jon: you also pointed out in one of your previous pieces that he was doing some things to save money when he was governor of massachusetts, that people don't seem to know about. >> that's right. the piece you referred to specifically, mitt romney made the calculation when he was governor from 2003 and to early 2007 not to take any trade missions because he wanted to cut the budget in massachusetts. that was his big priority, when he was governor was slashing a lot of spending, so that he could balance the budget. that was his big priority but he is not talking much about that either. jon: with the olympics coming up you would hear more about him basically saving the salt lake city olympics as the story is told. we'll see what happens. before this election. hinges could change. >> that's right. jon: erin mcpike from "real clear politics." thank you. jenna: a seamless transition from politics to shopping. some of our favorite things --. jon: how do you do that? you ease that right in there. jenna: when we talk about online shopping it is so easy to get excited about it because it is so easy to do, isn't it? they made it, they keep your credit card, have your membership i.d. person. jon: not a mall person. jenna: online shopping is your thing. apparently there will be changes to our online shopping. and it will cost us. we will explain what we mean by that coming up. jon: looks like something from a mad dream, massive wall of dust filling up the sky. planes and everything else, more images coming right up. ♪ what started as a whisper every day, millions of people choose to do the right thing. there's an insurance company that does that, too. liberty mutual insurance. responsibility. what's your policy? see life in the best light. [music] transitions® lenses automatically filter just the right amount of light. so you see everything the way it's meant to be seen. experience life well lit, ask for transitions adaptive lenses. jenna: some big changes could be coming to online shopping for all of us. major retailers like amazon and ebay may soon be required to collect sales taxes in every state. peter barnes with us from the fox business network. hi, peter. >> reporter: hi, jenna, that's right. consumers in more states could start paying sales taxes for shopping online. congress is considering legislation that would reverse a 1992 supreme court decision. it said states could force a retailer, any kind of retailer, to collect sales taxes only if it had a physical presence in that state, like, a store or a maybe a warehouse. now of course the some internet retailers do have warehouses in places and do collect taxes now in about half a dozen states but a lot of internet retailers do not have those of course. in the meantime, online sales have exploded. and states have gotten slammed in the recent recession, losing billions in tax revenue. now more states, the see online sales taxes as an easy pot of money. many support new federal legislation that says states can force web retailers to collect sales taxes even if they don't have a store or a warehouse or a physical presence in their state. states say that could generate $23 billion a year in new tax revenue. money that they could use very much use for various programs. >> it is a big, a lot of concern around the country right now about tuition and higher ed, going up double digits and we're pricing middle class families out of college. that would make a huge dent. >> now that the legislation is beginning to get heard on capitol hill you will hear from small business and taxpayers and consumers who are really concerned the benefits of this bill, as much as 1%, state and local tax revenue, don't justify the new burdens on american business. in other words the juice isn't worth the squeeze. >> reporter: the legislation would provide an exemption for smaller retailers 500,000 in revenue or maybe even a million. they say that is not big enough. brick-and-mortar retailers, no surprise, are lobbying hard for this legislation saying it would eliminate a big loophole for their online competitors. jenna. jenna: interesting, real quick here, peter, for those of us curious how much online shopping we should do now versus later, when could we potentially see this tax? >> reporter: well, congress is considering the legislation right now. it is unclear if it will pass but there is definitely momentum behind it. jenna: i was just curious if it was before back to school shopping season. that is very important for so many families. it is important, peter. >> reporter: not going to happen before then. jenna: just to be clear. peter barnes, thank you. >> reporter: you got it. bye-bye. jon: do i see shopping in your future? jenna: we need to know when. maybe by christmas and not before back to school. jon: always good to know. the supreme court upheld the president's health care law as you know. now employers though are weighing in. what they have planned for your health care coverage. we're live with an interesting sidebar to that story. plus what's next for this accused gunman in the colorado movie theater shooting? as james holmes gets ready to hear formal charges against him. we'll take a look at the legal case and the ongoing investigation. that's next in florida we had more suntans... in alabama we had more beautiful blooms... in mississippi we had more good times... in louisiana we had more fun on the water. last season we broke all kinds of records on the gulf. this year we are out to do even better... and now is a great time to start. our beatches are even more relaxing... the fishing's great. so pick your favorite spotn the gulf... and come on down. brought to you by bp and all of us who call the gulf home. does this mean we got to campaign? [ male announcer ] what does it take to win? a sassy salesman sold me sicilian sausages. more manly. i am so flustered. [ male announcer ] ferrell. galifianakis. are you taking money from tobacco companies? no. no. [ male announcer ] "the campaign." starts august 10th. jenna: new next hour for you, arizona sheriff joe arpaio, the self-proclaimed toughest sheriff in america, is facing something tough today. he is accused by a judge of taking his crackdown on illegal immigrants too far. rick folbaum has details on that. the navy getting to the bottom of a massive submarine fire resulting in hundreds of millions of dollars in damage. we'll have the results of that investigation. new assault on rebels by forces loyal to syrian president assad going house to house in damascus according to reports and kicking in people's doors. we have live report on that as well. jon: the acues gunman in the movie massacre in colorado now being held on suspicion of murder but james holmes will learn the formal charges he faces on monday of the right now a gag order is in place but here's what we know about the case so far. the prosecutor is considering making this a death penalty case and it could qualify because of the large number of victims. it also appears premeditation was involved because of the number of weapons used, holtz's bod i did i armor and his booby-trapped apartment. he appeared to be somewhat dazed at his first court appearance. that could bolster a possible insanity defense. joining us lis wiehl, fox news legal analyst. linda baden, defense attorney and william july, a clinical psychologist and former police officer. welcome to each of you. lis, i was watching that guy very closely when he appeared in court for the first time, yesterday. i honestly couldn't tell what i thought. sometimes i looked at him. i thought he looked sleepy and sometimes i thought he looked nuts. i suppose there is a danger to try try to read too much from his physical and facial appearance. >> imagine, jon, if you allegedly committed the most atrocious crime in the country you will be a little dazed and confused. prosecution goes in and looks at his computer and library cards anything he has done in the past 20 years, 10 years. they're going to find something about insanity defense because this guy is not stupid and i would wager a bet right now that he knows something about the insanity defense and he knew that he probably wouldn't get killed in that horrible, horrible massacre. he would come out on the other side to what could he do now? look insane. jon: linda, what about that? he studied neuroscience after all, the brain and how it works and how all the electrical signals get transit ined. might he have, might he be sort of concocting something as he sits there? >> two things, jon i look at as defense attorney. the doctor will be able to help us on this. i think he could be easily a sociopath. not that he is looking at neuroscience because he wants to envelop himself how he can do murder better. i think he is just a sociopath. that is what the doctor i want to comment on. if i will hire somebody to see if he is insane. he was interested in himself. only cared about himself. he was interested in protecting his body. he had groin pads and neck pads. he didn't care about the victims. the court demeanor is somebody considered about himself, not the attorneys. could he have been faking it and falling into a sense of madness and he wanted to try to work his way out? i would have a hard time as a defense attorney buying that. i would like to see what my doctors would say. jon: let's ask dr. july about that. a sociopath? there are larger numbers of them in society than we care to admit. >> well, sociopaths and psychopaths have a certain characteric and as was just mentioned, the primary characteric you're looking for is a lack of caring about how your actions affect other people and, clearly we're dealing with someone who has some tendencies that are going to have to be looked at to see how he had the ability to go in and massacre this many people and to not have any, the feeling of, how terrible this could be it that many people and effects it would have on society and everyone that is definitely going to be something they're going to be looking for. there are tests and evaluation procedures to do that. >> doctor, may i step in for one second here? we talk about the legal test for insanity. after hinckley, with that horrible case that john hinckley trying to shoot ronald reagan. all the sanity defense was changed. now you have to show that he knew right from wrong. the fact that he was arrested he tolding the arresting officers, hey, my apartment is booby-trapped? forget the crime before that. the fact that he knew his apartment was booby-trapped, he told law enforcement, don't go in there because you will be hurt, would that satisfy the legal test? >> he will have to go through the whole process you know. i found that statement very interesting myself because i also wondered about this. is that an indication of some sort of possible narcissism, high level of narcissism he wanted people to know, hey, not only did i do this and booby-trapped my apartment and. thrown that out there. that is possibility. they would still have to establish very concretely if they're going to try to say that he was or was not insane. jon: linda, a couple of those photos we were just showing were taken from one of these adult web sites, adult dating web sites and he made a couple of statements on that website and so far all indications are that he wrote this himself. he talked about, he wrote things, like, will you come visit me in jail? clearly he knew, he knew what he was about to do and he knew he was going to get in trouble for it. doesn't that suggest he knew right from wrong? >> that is couple things. colorado goes one step further he can be motivated if he knows the difference, irresistable impulse. if you're a doctor, you're representing him you want to say he is two-face, not the joker. i think you're absolutely right, jon. i think he knew right from wrong. perhaps that statement shouldn't have beenville you come visit me in prison but will you visit me in hell because that he where he is going. jon: lis wthank s brand new study out today regarding the president's health care overhaul law. it finds that one in 10 employers plan to drop coverage for its workers in the next few years. we want to put that in context. molly henneberg live in washington with more. >> reporter: this study by the consulting firm deloitte gauges how businesses are looking at future impact of president obama's health care law on their ledgers. specifically if they will continue to be providing health insurance coverage to employees. according to "the wall street journal", in this latest study, deloitte surveyed 560 companies currently offering health benefits. 9% of them, one in 10, they intend too drop health insurance for employees the next few years that is a bit higher than the congressional budget office estimate that 7% of the companies will drop coverage. both of those are much lower on that the 30% of the employers that kinsey and company found last year that plan to drop coverage. deloitte found one-third of businesses may decide to give up providing health insurance if the law puts too many requirements on their benefits plans. if taxes on premium plans are too high, or if the penalty for not providing health insurance is cheaper than providing health insurance. all this means that employees, who lose their health benefits at work will have to pay for another private health insurance plan or sign up for a government-run health care plan or pay a tax or for not having health insurance. the obama administration has said that the new law will provide better coverage for employees and will cover more americans. a spokesperson for the department of health and human services says the law will quote, decrease costs and strengthen our businesses. the deloitte study finds that companies expect to be hit the hardest by the law are those with 50 to 100 employees. 13% of those companies say they likely will have to drop health insurance in the next 1 to 3 years. jenna? jenna: interesting context as we wait to see how all this works out when the health care law is fully implemented. molly, thank you. jon: we bid a sad farewell to the first american woman ever to blast off into space. sally ride has passed away at age 61, leaving behind an incredible legacy for everyone that wants to reach for the stars. rick folbaum from the breaking news desk. >> reporter: jon, sally ride was a physicist who stumbled on an ad for nasa looking to hire one of the new set of astronauts. she was one out of five woman when she was picked for her first shuttle mission. she was 32 when she rode on the space shuttle challenger. that was 1983. she would fly on a second mission the following year. since then 40 other american woman have flown into space. she literally changed the face of the american space program. she was a powerful hero and role model and inspired generations of children to reach for the stars. she was peppered with questions from reporters who were skeptical that a woman would be able to hack it in space but her male colleagues had nothing but praise for her intellect and her professionalism. >> she opened a door and in fact i was just thinking today, when she left a door sort of closed because she still opened doors to young women around the country. that is what she was doing now. she was very interested in encouraging young women today to get involved in science, technology and math and engineering. >> reporter: ride was a very private person. only a few people knew that she was suffering from the pancreatic cancer that eventually took her life. it wasn't until reading her obituary today that it became public news that ride had had 27 year long relationship with a female partner. that partner, ta in o'shaughnessy helps run sally ride science that will continue her legacy that provides science based programs for schoolkids around the country. >> she will be missed. rick folbaum, thanks. jenna: isn't it incredible she found the job by an ad? is that how you found our job at fox news. jon: worked differently for me. that is a great story. jenna: borrowing from your 401(k) is a big no, no when you asked financial advisors. we'll ask why. when the economy takes a turn what are you supposed to do? we'll talk about some of the potential consequences of dipping into that 401(k). the end may be in sight for big sugary drinks in new york city. first the mayor will have to face some angry soda lovers in a public forum. we'll tell you about it next. jenna: brand new study is out shedding light on the state of the american worker. according to the transamerica center for retirement studies a third of displaced workers are tapping their 401(k) retirement plans this year, just to make ends meet. joining us now, former morgan stanley managing director rich desalvo. rich used to run morgan stanley's 401(k) retirement department. you're the recovering banker category. >> something like that. jenna: 201012 step program i'm sure. >> 13. jenna: what does your 401(k) program look like. >> my 401(k) is very conservative. i don't buy and hold. i buy and walk away. jenna: i want toe talk about that. why isn't a good idea when you're out of work and have nowhere to turn why not tap into your 401(k)? >> 25 million people unemployed or underemployed in this scenario, right. think go to the path of least resistance. jenna: because it is there. >> that doesn't mean you necessarily should take it. jenna: on the screen we have many so reasons you have given us. you could lose bankruptcy protection. there could be penalties and fines associated wit it. if someone does this what are they facing? >> put it in simple math. if you have $15,000 loan and you default on the loan which can be easy if you're employed and become unemployed you lose $5,000 in penalties and fees. jenna: 20,000 you put together, 15,000 you borrowed. >> 5,000 in penalties you net 10. that is simple way to think about it. jenna: when you say loan, that is something else most of us don't understand. when we take from the 401(k) we're borrowing from it. it is not just free money. >> that is correct. you're taking loan out of 401(k). you're technically paying yourself back. people think that is wonderful thing. the point is you can not necessarily pay that back. you can't take the dollars and invest in other, the stock market and other things. you have to repay that loan. you can't even necessarily prepay it. it has to go through contributions. you're limited on even the terms of that loan. jenna: interesting. let's get back to the 401(k). >> be my guest. jenna: lot of us get statements in the mail. statements check online, a lot of time statements come in and talking about it amongst the team, we don't really know what to check on. you're the guy that ran the 401(k) department. what should we look at when we check our statements? >> first thing i will tell you in today's technology, if you have a computer and you can go on your password and open up i wouldn't even get paper statements. why bother? i will not open up anyway. i will look at it and don't really understand what i'm looking at. i would suggest look at beginning balance, ending balance, where you have assets, some of the things i look at, i'm big, boring is important to me. i look for fundamentals. look for dividend payer stocks. that is the kind of thing i look for. jenna: how often should we check though? we can get obsessive checking every week for 401(k) you will supposed to have decade from now. >> i will give extreme answer. never. but once a year. jenna: once a year. >> some tell four times a year. if you're not moving investment around and you felt your dollar-cost averaging putting money in every single time, what is there to chick? jenna: interesting. rich you have your own website for questions for you. i'm sure they can find you there. we appreciate it very much. >> my pleasure. jenna: jon, you have some good tips? jon: i learn ad bunch of things i have done wrong over the years. jenna: i think we all have. jon: thanks. day two of jury selection in the drew peterson trial. the former cop is accused of killing his third wife and suspected in the disappearance of his fourth. his attorney said the judge will throw the case right out of court. a live report is coming up. finally good news for homeowners? new data suggesting home prices might be rising for the first time in years. we'll crunch the numbers next the medicare debate continues in washington... ...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. jenna: with all the talk about our 401(k)s, jon, there is look where the market is today, down more than 100 points. we were down more than 100 on the dow yesterday as well. there are a still a lot of concerns about europe and the economy over there but trading lower today. jon: well, would you like a bit of good news? jenna: sure, why not. jon: here is some good news for the housing market. a real estate tracking company says national home prices have finally bottomed out and might actually be on the rise for the first time in years. pardon me, adam shapiro with the fox business network has that. what is prompting all this optimism, adam? >> reporter: well, we've had four months of value or price increases in a row. and that is the first time since 2007 according to zillow. a lot of people know zillow going online to find out how much your neighbor paid for their house. here are some of the statistics according to zillow that we hit bottom. stopp humphries their chief economist says the housing recovery is holding together despite lower than expected job growth indicating it has some organic strength of its own. what are we talking about? since the second quarter of last year, what they saw in the second quarter of this year was increase in value of roughly .2 of a percent. roughly $41,300 nationwide. we have a long way to go to recover where we were at the peak of the housing market. someplaces are down 40% still. but markets that saw big increases, phoenix of all places up 12%. miami up 6%. places that are hurting still? chicago down roughly 5%. atlanta down 6%. jon. jon: are we going to see rocketing values like what was happening in the '80s and '90s? >> that is deaf you won't see that. zillow is projecting increases of 1.1% over the next year. there is a lot of if. there are still three million homes that will be in the foreclosure process that will get dumped on the market that will drive down prices potentially because there is so much inventory. jon: good time to buy if you can afford it. >> still a good time to buy. jon: adam, thanks. jenna: if you need a website to add to your favorites, there is something we have for you. bears like you have really never seen them before. in fact you will see them live. these are bears from a cast can's katmai national park. it is at explore.org. this is live web stream. this is live right now at the park. bears doing what they do best. that is a brown bear. it is salmon fishing in the brooks river. kind of voyeurriestic. jon: i could watch this all day. jenna: this is like bear papparazzi. the park say the four cameras bring new access to the remote national treasure. more or less 300 miles away from anchorage. it is a place not all of us get to go but now explore.org, you can sit there at your desk and watch bears all day long. you will be doing it during commercials. jon: see the salmon come up now, now. jenna: we don't have that much control. jon: it is live. jenna: it is live. there are new calls for more oversight and tougher regulations when it comes to planned parenthood and abortion. we'll be talking more about that as one of our stories in the next hour. i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, you may know it only covers about 80% of your part b medical expenses. the rest is up to you. call and find out about an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement plans, it could save you thousands in out-of-pocket costs. call now to request your free decision guide. i've been with my doctor for 12 years. now i know i'll be able to stick with him. you'll be able to visit any doctor or hospital that accepts medicare patients. plus, there are no networks, and you never need a referral. see why millions of people have already enrolled in the only medicare supplement insurance plans endorsed by aarp. don't wait. call now. >> reporter: hi, everybody, rick folbaum in the control room. we continue to monitor developments out of colorado. of course, we continue to watch this story, and we're going to talk about the coverage of this story and whether or not the mainstream media has been fair and accurate. our panel will examine that. also brand new this hour, stories we're working on just for you over the next 60 minutes, there is a new bill in washington aimed at making english the official language of the united states. will it ever become law? we'll talk about that. also, remember this massive fire onboard a nuclear sub off the coast of maine? $400 million worth of damage, and now the man who admits to setting the fire learns about his possible punishment. and drew peterson's attorney very bold, very confident out in front of the courthouse as jury selection continues there. will the murder charges against peterson be tossed out? all of that and breaking news in the second hour of "happening now" starts right now. jenna: hi, everybody, great to have you with us today. i'm jenna lee. jon: i'm jon scott. inside the home of an accused mass murderer. fox news cameras getting a glimpse inside james holmes' apartment as police collect evidence there. on the wall, a soldier of misfortune poster. also inside, batman paraphernalia. the our roar rah movie theater where the massacre took place remains closed. a mug shot and in his bizarre first court appearance, the suspect's parents vowing to stand behind their son. here's their attorney. >> the statement does not say that they stand by james. do they stand by james? >> yes, they do. he's their son. jon: police and attorneys are now under a gag order issued by the judge. that means no more news conferences updating the public on the investigation. as the families of the victims prepare to say their good-byes, planning funerals for the 12 people killed. also a side note worth mentioning, since the shooting the number of background checks for people who want to purchase guns in colorado up 41%. jenna: it's high noon here on the east coast, 9:00 on the west coast, and we're going to bring you some live pictures if we can of a motorcycle chase underway in santa fe -- oh, wait, it just changed. in norwalk, california. we're working to get more information about what exactly is going on here. jon, as you can see, whoever's driving this motorcycle is driving at a very high speed. right after the top of the morning commute. we're working to find out exactly what roadway he's on here, he or she, we don't know. we don't have an identity at this time, so a lot of unanswered questions. but this is something you don't normally see every day. motorcycle chases not as common. jon: i ride a motorcycle. i don't ride it like this. but -- jenna: that's a good thing, jon. jon: these things can end very badly. most motorcycle operate oars don't have that much skill at riding this quickly through traffic, and, you know, this guy's going to be lucky if he doesn't wind up doing a face plant into the side of a truck at one of these intersections or something like that. jenna: right now you can't even see where he's being pursued. it looks like he's slowing down a little bit. at our vantage point, which is the same as you, our viewers, looks like whoever's on it is completely covered in black. as far as seeing any sort of pursuit right now, we don't even see the cop cars, the highway patrol right behind him. jon: there's an old country song that has the lyric you might outrun my old chevrolet, but you can't outrun my old two way. you can put a lot of distance between yourself and most cars pretty quickly. they are maneuverable and incredibly fast, but they've got a helicopter shot on the guy, they've got all kinds of radio communications to other departments and agencies. he's not going to get very far if he gets out of this alive. jenna: look how's he's going, jon. norwalk, california, right outside of los angeles. we do have the helicopter on this, let's go ahead and listen. >> the driver, the motorcyclist in this case knows that, and they don't want to go to jail, so they run. they feel they can -- they'll run as long as they can, as far as they can just to avoid the inevitable. now he's crossed over, yep, he's in opposing lanes there, now back in his own lane. but still at a high rate of speed. now i slowing down, let's see what he does at this intersection, looks like he's making a right-hand or northbound turn now from 195th. jon: one of the things that he's likely going to have to be concerned about is fuel burn. they don't carry, obviously, a lot of gasoline, and when you're pushing a bike at very high speeds, they burn fuel fairly quickly. and he may not be able to keep this chase up all that long. >> he has the 605 and 91 freeways. now he's doing a loop again. again, what he may be seeing is that there are some l.a. county sheriff patrol cars in this area. and we're having to patrol the skies up here, too, so bear with us, being that this motorcycle ois -- motorcyclist is driving so erratically, we have a lot of air traffic that we're dealing with. p. jon: it's not just him who is endangered. i mean, that bike probably weighs somewhere around a thousand pounds or so -- >> in a situation like this, i think he's, he's so erratic, and there is some other traffic. they've got to get traffic control -- jon: we just lost the helicopter shot. i was making the point that, you know, a thousand pounds of motorcycle slamming into a car or, you know, who knows what, a kid at a bus stop, that could end very badly for innocent people, not just the guy on that bike. jenna: such a good point, jon. and we just heard from the helicopter as well that there's traffic in the sky, so they're working around elements. we actually did not see the los angeles police following this guy -- guy or girl, again, we don't know -- but apparently, they're also in pursuit. jon, obviously, again, working on this area in norwalk to try to get a little bit more information about how residential it is, but you're dealing with a lot of traffic still early in the morning out on the west coast and putting a lot of people in danger, not only the people on the road, but also the law enforcement. jon: it's just really appalling to see what this guy is up to, but, you know, you can't -- well, i'll leave that comment to myself. at any rate, yeah, looks like one of those, you know, sort of -- they call them crotch rockets, those high-speed motorcycles that are basically designed to go really, really fast, and that's what he's doing right now on the freeways in california. again, he's not going to get all that far. the helicopter has a good eye on him. the authorities are going to be able to keep tabs on him through this chopper and through their own radios. there he goes in between two cars. again, i just -- this thing could end very, very badly. jenna: right now we know that this pursuit has been happening for at least 30 minutes right now. so to jon's point, you know, one of the things we're going to be looking at is how long he can be going with the gas tank that he has, and that's something that we'll be tracking for you as well. so 30 minutes of this type of pursuit. he's been blowing through stop signs, he's been blowing through stoplights as well. and now, obviously, on a major roadway. you can see, jon, that traffic's not moving quite as fast as he is. jon: that's for sure. we understand that officers tried to stop this motorcyclist, as jenna said, about half an hour agoon the welcome back 91 -- westbound freeway. for whatever reason, he just took off. and the chase has been going now for about half an hour. incredibly high speeds, as you can see. i mean, guessing that those cars are probably doing 50, 60 miles an hour, and i would say that he is probably easily coming close to doubling their speed. jon: back with you now as this chase continues. the 106 freeway, is that what i was told, northbound on the 106 freeway in the norwalk, california, area where the person on that dark motorcycle all clad in a black helmet and looked like maybe a black leather jacket, but we didn't get a real close look, is leading police on a frightening and dangerous chase. jenna: nothing more dangerous really than morning traffic around the l.a. area which is where norwalk is. as jon was just telling us moments ago, we have heard from the california highway patrol, and officer mike harris is telling us, listen, this started, again, about 30 minutes ago. they tried to stop this guy on the westbound 91 freeway. and at that time when they tried to stop him, he just took off. so it looks like, again, just for the limited information that we have, it seems like there was a routine traffic stop, and then this started. jon: the chopper pilot is reporting that he is doing up to 125 miles an hour. um, again, those are incredibly dangerous speeds. you just have to hope that as you can see the stunts that he is pulling -- and they are stupid, criminal actually -- who knows what reason he had for not wanting to pull over, but he has just made, you know, he could go to prison just about for life i would think based on the stupidity of the moves he is pulling right now. he is putting everybody in danger, and he's not going to get away with it if he comes out of this alive. jenna: that's a good point, if he comes out alive. we've seen different ways that cars have been stopped. as you told us before about the pit maneuver and things like that, the question becomes what kind of options do you have with a motorcycle? you can see now that he's running into traffic. as a motorcyclist, he's able to get around some of that but not all of it. william la jeunesse is familiar with this area that we're watching right now. william? >> reporter: well, jenna, i was just going to add what you were typically saying, you know, the cops can either use a spike strip or pit maneuver to try to stop a car, but with a motorcycle you don't have those options. um, anything they do is likely going to result in an accident and in all likelihood at these speeds, clearly, a fatality. so that's out. as jon mentioned, at these high rates of speeds, these bikes do burn a lot of fuel. it doesn't look like he's going to go anywhere. one of the things, the fbi's done a lot of statistical analysis on this type of thing, especially dealing with wang robbers. the -- bank robbers. the easiest way to get away is have a bike go into a parking structure. that is the typical way that a guy who's being pursued is going to get away. dump a bike, go in there, and he's out. and motorcyclists do have a lot more mobility to do those kinds of things on surface streets. but right now he's on the freeway and, obviously, very easy to track right now compared to neighborhoods. jon: probably not thinking much at all, i'm guessing, you know? it's just hard to know what's going through this guy's mind. but, yeah, he's not going to get away with this. he's been already doing this for pretty close to 40 minutes. we understand the original traffic stop was intended to take place almost 40 minutes ago. so he has been riding at speeds like this, 125 miles an hour in some cases, for that amount of time. jenna: jon, since you drive a bike yourself, how long can you go if you have a full tank? jon: i can't -- it would depend on the particular type of weich weich -- bike he's got. my bike only gets about 40 miles to the gallon, so, you know, many economy cars can do about the same kind of, get about the same kind of mileage as a bike is. so i'm guessing he's get 15g-20 miles per gallon, and it's not going to last him forever. jenna: we understand he's on the northbound 5 freeway now, william, is that headed towards downtown los angeles? is that the direction he might be headed right now? >> reporter: no. the 605 is a little farther to the east of downtown. so he would be, i want to say closer, if you will, um, i don't know -- is he north of the 10, david, do you know? he's north of the 10? so he'd be closer towards pasadena, a little bit more to the east of downtown. but what i was going to say here is, you know, in california you're allowed to lane split. motorcycles are allowed to lane split. typically in much slower traffic than this. but i can the tell you, and we all know this as a motorist, you don't see these guys. when you make a lane switch and it's a motorcycle, you look in your rearview mirror, and you're looking for a car, you're not looking for a bike. and at these speeds, they're not going to necessarily know and can very easily go bingo. jon: i have not seen -- [inaudible conversations] >> reporter: i'm sorry, what? he's northbound on the 5 now. i was just going to say -- go ahead, jon. jon: well, i have not seen a black and white, you know, any kind of pursuit. clearly, he's leaving the officers in the dust, and maybe he thinks he's getting away with this. i'm guessing he doesn't see the helicopter above his head. at any rate, police are smart, obviously, not to chase this guy. they don't want to be seen as forcing him to do something stupid. and they're trying not to do that. he is, clearly -- i'm guessing he thinks he's getting away with this. that's just my guess. but you don't see any, you know, flashing lights anywhere around him. he's just doing 120 miles an hour and going nuts on two wheels. jenna: a routine traffic stop turns into this about 40 minutes ago out on the west coast in california. what you're watching is a live motorcycle chase right before our eyes. we're getting help from ktt-tv. still no sight of law enforcement, but we do know they're following him. jon: we're going to take a short break and continue to monitor this situation. very scary chase. this guy, i'm going to hope that he runs out of gas before he does something incredibly stupid because this has all the potential to end very badly. we're going to take a short break and be back with more coverage straight ahead of "happening now" i hit a wall. and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. jon: a fox news alert, and the chase continues although in many ways it's not really a chase. authorities tried to stop this motorcyclist about 40 minutes ago in california, in norwalk. he didn't want to be stopped and took off. now, california highway patrol says they can't keep up with him, and can they're -- [audio difficulty] doing some of the stupid things this motorcyclist is doing. he's been doing 125 miles an hour according to the choppers following him, weaving in and out of traffic. horribly dangerous, and who knows for what. we're keeping an eye on it, but he is threading the needle in and out of cars. but what he's running from or if we do not know. jenna: 8:30 west coast time police officers tried to stop this guy, and when they tried to stop him, he took off. so for the last 45, 50 minutes this is what's been happening, and according to reports we're getting he's traveling, as jon just said, 120, 125 miles per hour. sometimes these bikes can travel as high as 150 miles her -- per hour x that means he's traveling 900 meet -- 200 feet -- but no longer. jon: there's how it ends. a patrol trooper right there on the side of the road. the guy pulls up to a stop, gets off the bike, lies down, and here come the handcuffs. wow. i would not have predicted that, frankly. hats off to the california highway patrol for being there and being ready to take this guy down. oh, he wallets his mommy, he's kicking. he wants his mommy, he's kicking. you know, i thought this was going to end a lot worse than that. he endangered so many people in that stupid run up the highway. imagine the people, imagine being a driver. you've probably had this happen. imagine being a driver, you're just minding your own business, listening to the radio, and all of a sudden some jerk on a bike comes by you. and i ride a motorcycle. i'm not anti-motorcycle. i'm anti-motorcycle when they ride like that. well, they got the guy. good for them. jenna: probably a good idea he keeps his helmet on, at least at this time, right? jon: yeah. jenna: william, you're watching this chase from california. you said a pit maneuver, maybe the spikes. we didn't think about the fact there might be just a motorcycle cop right there. >> reporter: well, what i think was happening was the motorcycle cop was, basically, hiding in traffic, if you will. this guy was going so fast, he was, obviously, worried about splitting traffic and cars coming into his lane, and that cop really put his life on the line by moving right into his line of traffic and, boom, the guy had no choice but to stop. i suppose he could have attempted to maneuver around him, but, you know, give the guy credit for putting his motorcycle right in front of this guy coming at, you know, 100 miles an hour. bam, he just stopped, and it was over. i mean, i have to admit, we were kind of shocked by how quickly that occurred. jenna: and he didn't seem to resist at all. jon: got off the bike, laid down, and they're taking off the helmet now. it'll be interesting to see who is revealed when the helmet comes off. they're taking it off him right now. you know, again, hats off to those police. you know that their adrenaline is pumping. appears to be a young white male, fairly short hair, i don't know. he's going to be facing a long list of charges, and i can guarantee he's going to be spending a long time in jail coming up because he endangered a lot of people, broke every traffic rule in the book. and, again, hats off to the police. you know that they're adrenaline is pumping. you know, they want to stop this guy, they want to keep the danger away from other people in the community. and when they finally stop him, the fact that, you know, they didn't bring out the batons or something like that is really a credit to the department. jenna: fifty minutes after this started it comes to an end, looks like an arrest, and we'll find out why. you know? why was he running, what was he running from? anyone else watch chips? come on, one of the best tv shows up there, you've got to give a thumbs up to the california highway patrol. i say that as a native californian, of course. jon: good for them. all right. jenna: a lot of other news to get to, we'll continue to keep you up-to-date. he's just get anything the cop car. as we get new information, we will be sure to bring that to you. jon: including a name and what he didn't want to get caught for. who knows? anyway, could english soon be the official language of the united states? there's a new push from a congressman who managed to make it happen in one state. now he wants to take that plan nationwide. we'll talk to him coming up. ♪ i'm making my money do more. ♪ i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade. i'm with scottrade. i'm with scottrade. and i'm loving every minute of it. 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[ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! jenna: well, some new information on the suspect in the colorado movie massacre. an attorney for the parents of james holmes say they're standing by their son. the world's getting its first look at the accused gunman in his first court appearance yesterday. the 24-year-old looking dazed, you can see his hair dyed bright orange. formal charges are expected next monday, and one of the questions we're asking today is how will this case play out? the host of judge alex joins us now, and one of the questions our viewers have is why do we have to wait so long? here's what the da said in colorado yesterday. >> i would say there's no such thing as a slam dunk case. um, it is a case where we will, we're still looking at the enormous amount of evidence, and we would never presume that it would be slam dunk. we will work very, um, hard on this case to, um, prosecute it just like we would any other case. jenna: judge, there's no other suspects, there's so much evidence. why isn't it a slam dunk? >> i think she's being politically correct. i think it's a pretty strong case. granted, there is no slam dunk case, he's still going to have the defense of insanity, and we don't know what his defense lawyers are going to dredge you could, but he can't raise reasonable doubt because there's a mountain of evidence, he can't raise self-defense, clearly not justifiable in the any way, shape or form, he can't claim misidentification, so the only thing he's got left is insanity. so i think the district attorney's being, i guess, politically correct. she probably has a very strong case, but she's right, now never know who's going to come down the insanity pipe. jenna: the da said she wants to talk to the victims and find out do they want to pursue the death penalty. and that's interesting -- i mean, obviously, you do want to reflect with with those that you're representing. do you see this possibly if the victims do not want to pursue a death penalty, not even going to trial and some sort of plea deal happening here with life in prison? >> i mean, that's certainly possible. and the only way that that would be possible is if the victims' families and the victims said we want it to plead out, we don't want it to go to trial. without that, absolutely not. i just don't theme rolling over and saying -- them rolling over. i see them pursuing the death penalty in this case. jenna: right now we're in this land of speculation, obviously, about this young man, this alleged murderer, and i'm just curious to draw upon your experience as a judge. there's been a lot of speculation on his behavior in court, about his appearance as well. what do you think about that? is he setting some sort of ground work for his defense, potentially an insanity defense simply by those actions, or do you think in some way this is just genuine, he wanted to keep his hair like that, he wanted to act this way in court, you know, what we see is what we get? >> it's too early to tell, jenna. we don't know enough about his background, but the prosecution's going to have a lot of ammunition to go after him on the insanity defense. i mean, let's face it. one of the tests is do you know the difference between right and wrong, and are you able to conform your actions to that? clearly, he didn't walk into the theater carrying the machine gun and shotgun. of he knew enough to say i need to sneak out an exit and go get the weapons, and that shows a consciousness of difference between right and wrong. have i seen defendants do a kind of a play up their mental illness? dozens and dozen of times. and with a guy who his only defense is going to be insanity, i could certainly foresee that he's intelligent enough to sit there and kind of make it look like he's out of it. on the other hand, you know, he may not have slept very well considering the fact that everybody in jail wanted to shank him that night, so he may not have slept very well. as we go further in the case, you know, things will develop, and we'll see where it goes. jenna: judge alex, nice to have your expertise today. thanks so much. >> always a pleasure, jenna. jon: there's a new report that says the u.s. is quietly helping syrian rebels to a greater extent than we previously thought. new reporting by "the wall street journal." plus, what washington is doing to prepare for a possible post-assad syria. that's coming up. this is rudy. his morning starts with arthritis pain. and two pills. afternoon's overhaul starts with more pain. more pills. triple checking hydraulics. the evening brgs more pain. so, back to more pills. almost done, when... hang on. stan's doctor recommended aleve. it can keep pain away all day with fewer pills than tylenol. this is rudy. who switched to aleve. and two pills for a day free of pain. ♪ [ female announcer ] and try aleve for relief from tough headaches. when they taste the food that you cooked it does something to yr heart. i think what people like most about the grilled food is the tast the flavor comes from that oak wood... the shrim the fresh fish, the steaks. it locks in the flavor, it seals in the juices so that when you put the fork in it, it just goes through it like butter. 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[ charles ] my name is charles himple, i'm a red lobster grill master and i sea food differently. welcome to hotels.com.ll master summer road trip, huh? as the hotel experts, finding you the perfect place is all we do. this summer, save up to 30%, plus get up to $100 on us. welcome to hotels.com. jon: new information on a bill that would make english the official language of the united states. the house judiciary committee will consider legislation introduced by iowa congressman steve king. king was behind the successful effort to make english the official language of iowa when he was a state legislator there. now he wants to take it nationwide. joining us for a fair and balanced debate, a former chairman of the republican party of virginia, now vice president of the young americas foundation; ryan clayton is a veteran campaign consultant for democratic candidates. welcome to both of you. >> thank you. >> thanks for having us. jon: ryan, would it be a bad ting? >> well, look, i don't think this is really a conversation about what the language of our country is. you know, america's different than most countries throughout the world who are built around a shared language or built around a shared religion or built around a shared geography. america's a nation of values founded on an idea that all men and women are created equal. all people have rights no matter what they look like or where they come from or what language they speak. and how we treat new immigrants reflects our values that define us as americans. we believe that hard work should be rewarded, and all in the political game playing in congress is not going to solve our problems. jon: i didn't want hear anything in there, kate, that says, you know, making new immigrants learn english is a bad thing. >> i actually think that was a beautiful defense of having english as the official language. we are a nation that's built around, um, a common value, a common -- on sense of values, christianity, judeo-christian values and a common language. of course, we welcome immigrants from all over the world, but there's an understanding that in order to a assimilate and to have the same chance at the american dream, um, that other americans have you need to learn english. and by perpetuating this myth that we're just going to let anybody speak any language they want, and the federal government is going to have to accommodate that in any way spending billions of dollars to do it, it's a myth, but it also robs people of their real chance for prosperity. um, but the left is very good at pinging this very reasonable measure that 87% of americans agree with as, for some reason, un-american. >> so what's the practical import of this law? i mean, what are you going to do, lock up people for speaking spanish? are you going to through them in the gulag? >> wow, really? that's how you're going to have an inte lek dhul discourse? >> i just want to know what this law does for people who don't speak english. >> you know very well you're just injecting fear into what should be a reasonable intellectual discussion between two americans who have the same sort of values. nobody's talking about throwing anybody in jail. what we're talking about, what congressman king is talking about is a very reasonable expectation that if you want to become an american citizen, you need to understand the language, you need to be able to read some of our founding documents you so beautifully quoted. and why shouldn't we have this basic understanding of what it is to be an american? why shouldn't all americans understand their presidential candidates and what they're saying? why shouldn't -- jon: all right. >> -- students in our classrooms have the same opportunity at success instead of being shuffled over to bilingual education, keeping them there for years instead of immersing them in our common language so that they can succeed? jon: isn't it already a requirement, ryan, that if you want to take the oath of citizenship, you're supposed to know delish? >> hardly. >> well, everyone says the pledge of allegiance in english, you know? and when you take the test, i'm pretty sure that's in english too. but that's not really what this conversation's about. it's really about immigrants and how we treat them when they come to our country. and the same is true today as it's been throughout history. people move to make life better for themselves and their families. they come here to provide for their families, and they come here to work hard and make a better life, you know? it's not an easy thing to do. and i think as americans we need to welcome people that come to our country. and one of the values we hold dearest to our heart is the the belief in freedom to be who you want to be, no matter what you look like. >> absolutely. >> to say what you want to say in any language and to go where you want to go. america's supposed to be the land of the free and the home of the brave, so i think we should keep it that way. jon: kate? >> and they should be able to speak any right that they want, but there are hundreds of languages spoken in this country, and it should -- there can only be one that the federal government is required to understand. and also, jon, one really important point is a common language unifies us. there's not this balkanization with different groups speaking different languages. a common language draws americans together. and i think conservatives and certainly congressman king would argue that right now america is split in so many different ways, and there's this ugly division that is being encouraged and fostered. we need a sense of unity, of purpose and, yes, part of the point of a common language is to allow our immigrants that opportunity that we were just talking about. because, yes, when they do come here, we need to welcome them and provide them the same opportunity. jon: you both got your points out there in english, we understand them. and we should mention congressman king has introduced this legislation every year since 2003. it has not passed yet, but we'll keep an eye on it, see what happens. thank you both. >> thanks for having us. jenna: a lot of new information on the suspect in the colorado shooting massacre. up next, we're going to take a hook at the coverage of this tragedy in the mainstream media. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. jon: the colorado movie massacre getting wall to wall coverage in the mainstream media. today's news watch panel is taking a closer look at some of that coverage. jim pinkerton is a writer for the american conservative magazine, alan colmes is host of the alan colmes radio show. front and center, guys, we have to put the reporting of brian ross of abc who on the morning of the shooting -- the shooting happened around midnight thursday into friday -- and friday he goes on good morning america and says there could be a tea party link here. here's his exact quote: there is a jim holmes of aurora, colorado, page on the tea party site talking about him joining the tea party last year. now, we don't know if this is the same jim holmes, but this is jim holmes of awe roar ca, colorado. what do you make of it? >> that was george stephanopoulos, by the way. jon jon thanks for the correction, because i was wrong. [laughter] >> the correction is the main thing. ross got it wrong. he googled it up, he looked it up. he went with it, it fits the tea party narrative that the media have, the tea party was behind gabrielle giffords getting shot, this time around it's another tea party guy to blame, and abc doesn't correct it properly. brian ross to my knowledge never apologized to the wrong james holmes. they issued a retraction, but they put brian ross on abc world news that night, that friday night, talking about something else about the story and never acknowledged they'd made a hideous, in my mind, libelous and slanderous mistake. jon: what about it, alan? what if somebody had done that to you? you've got sort of a common name. >> well, it's spelled kind of odd, but, yes, holmes is a more common name. yes, it should been vetted more, it was speculation. just simply because someone with the name jim holmes and he happens to be in aurora and a tea party member without anything to corroborate that, to then jump to that conclusion is unfortunate, and i agree with jim that the correction has to be front and center. but was it a nefarious effort to try to tag conservatives with a crime? i can't go that far. i don't know that if it were a liberal group or some other group that they could associate it with, because what they were trying to do was to get identification. and if they could have found another way to identify this person -- i don't think it was some plot -- jon: you don't think they're trying to smear tea party -- >> i have no evidence, i know that's what right-wingers would like you to believe. they want to make a political issue out of this. i don't think that's appropriate, and there's no evidence to show that's what's going on. yes, it was wrong, yes, the correction could have been more front and center. but conservatives want to use this to play the victim, and i think that's inappropriate. jon: well, and then there was the phone call that abc made early in the morning to holmes' mother outside in san diego, apparently woke her up at 5:30 in the morning. here's what her lawyer, the family's lawyer, had to say about how that phone call transpired. >> this statement is to clarify a statement made by abc media. i was awakened by a call from a reporter from abc on july 20 about 5:45 in the morning. i did not know anything about a shooting in aurora at that time. he asked if i was arlene holmes and if my son was james holmes. who lives in aurora, colorado. i answered, yes, you have the right person. i was referring to myself. jon: now, abc is standing by its reporting on that issue. jim, the suggestion was that abc had somehow taken her, yes, you have the right person, to suggest that, yes, you have the gunman who has done all these terrible things. >> exactly. and every news media outlet as far as i could tell seemed to cite that abc report which was the clear implication, again, i watched abc that night. the clear implication was that, yes, you've caught me. my son is a crazy, is a whack job who murdered all these people. that was the clear way abc set it up, and it appears not to be true. again, if abc had a better record of credibility, if they, for example, had fired brian ross and said we're so serious and anxious not mistakes we'll make an example out of brian ross -- >> are you saying that brian ross should have been fired over this? >> sure. >> fired over this? fired? >> he should resign in shame ahead of getting fired. >> you know, people make mistakes. people then, you know, it could happen to any one of us, and i don't think it's a firebl offense to make that kind of -- >> alan -- jon: okay, so as raymond donovan said, where does jim holmes, the tea party member from aurora, go to get his good name back now? >> that's a very good point, and i remember what ray donovan said, and he made a very good point, but the question is whether this is a fireable offense, they did a correction. maybe you're not satisfied with the correction. i just disagree that that kind of extreme measure needs to be taken in this case. >> well, if they don't do that, then they don't have credibility. >> no. credibility is about correcting when you get something wrong. it's not about firing every time a reporter makes a mistake or none of us would be working in this business if everybody was fired every time that happened. jon: again, part of the implication on the reporting of the phone call to the mother suggested that, oh, yeah, she had somehow known in advance that her son was a loose cannon, and that's -- >> well, abc stands by that story. we weren't there, so it's a she said/they said situation. jon: again, lots of coverage to come of this terrible story. alan colmes, jim pinkerton, thanks for discussing it with us. jenna: up next, another one of our big story. suggestions that our country may be playing a bigger role than first thought in overturning the assad regime in syria. a bigger role than we're being told. planning for what happens if and when the regime goes. the we're going to have an interesting panel discussion on this next. luckily though, ya know, i conceal this bad boy underneath my blanket just so i can get on e-trade. check my investment portfolio, research stocks... wait, why are you taking... oh, i see...solitary. just a man and his thoughts. and a smartphone... with an e-trade app. ♪ nobody knows... [ male announcer ] e-trade. investing unleashed. jon: we showed it to you for much of the hour, that crazy motorcycle chase at very high speeds in los angeles. rick folbaum has some more information for us. >> reporter: we want to give folks another look, jon, at this pursuit which at times hit speeds of about 150 miles an hour right during the busy rush hour. police tried to pull this driver of the motorcycle over earlier, only to have him speed off. and he weaved and darted through traffic, no concern for the safety of anybody else on the road. and most of the time watching the chase. you didn't see any police officers anywhere near this guy. the biker was so far out in front of the nearest police officer. or so he thought. it turns out a member of the california highway patrol was up ahead, evidently carrying out a routine maneuver in order to slow or stop traffic down when all of a sudden the guy in the chase just happens to get caught up in the slowdown. he rolled right into it, and he had no choice but to lay down his bike and get down. a very quick and quiet end to a high-speed chase that could have ended violently. thankfully, jon, it did not. jon: jenna is lobbying to bring back chips. [laughter] jenna: come on. >> reporter: where are you? jon: that one ended well. jenna: california highway patrol. right now we're going to move overseas to this story on syria. the "wall street journal" is reporting the u.s. is playing a larger role than previously thought in helping syrian rebels oust their president assad. the cia, the u.s. military and both state and treasury departments all reportedly ramping up what are described as quiet efforts behind the scenes. why behind the scenes though? let's talk more about this. john rogan is with us and, josh, i want to start with you. your blog, the cable, you have a very interesting report about this quiet meeting or meetings that have been happening for six months in germany funded in part by the state department. tell us about those. >> right. so the obama administration hasn't wanted to be outwardly supporting overthrow of the regime, although they called for the syrian president to go. but behind the scenes they've been meeting with opposition leaders in germany very quietly to try to plan for what to do the day after the assad regime falls. they want to make it so that when this crazy motorcycle chase ends, it ends in a whimper and not in a big, violent clash. and the way that they're going to do that is they're going to give these guys the tools to set up a new government and try to transition to a new democracy if and when the assad regime finally falls. jenna: nice way to bring in our previous story, thank you for that. your article today in "the wall street journal" talks about how overt we've been in our support for assad over the last several years. but now when it comes to potentially working for a way to get him out, we're not. why? >> right. i mean, the governing idea of this administration coming into office was that bashar assad was this sort of misunderstood guy, a reformer who could be turned to work with the west against iran. that idea was insane from the very beginning but has become demonstrably so over the last year and a half. what's amazing to me is to listen to this talk about planning for the day after assad falls when we're so, still so far from the day when assad will fall, if he will fall. i mean, if the administration wants to make any serious plans to make sure this guy comes down without another 5, 10, 15,000 syrian lives being lost, that's the planning they really ought to be doing. jenna: jon, i'm curious, have you asked that question about why when you talk to the u.s. institute of peace that's involved in these meetings, why not be more aggressive? >> for years the administration thought there was some idea that assad could be brought around, be convinced to side with us against iran. that seems not to be the case. but the problem here is if we try too hard to push assad over, the intervention will be seen by assad's allies as an excuse to discredit the opposition. in other words, a big american footprint here doesn't help the opposition. so what we're doing is doing things behind the scenes, cia, other agencies looking for chemical weapons, helping get the arms to the right people. it's not enough, but it's what we can do without putting a big american stamp on this opposition which really isn't helpful to them. jenna: is it not helpful to them, brett? >> no, i think they would welcome the help just as the people of benghazi welcomed the help when nato finally intervened in libya, just as the people of kosovo welcomed the hope, both muslim populations. i mean, the ideas that somehow you put an american stamp on this and you're going to create resentment or sport for assad is absolutely propostrouse. what the syrian people need is help from assad's helicopter gunships, reports he's unleashed gunfighters on his own cities in aleppo and elsewhere. america could do a lot for itself by at least declare ago no-fly zone over syria at very little cost to the united states, i would add. jenna: brett, i only have 30 seconds, but how do you handicap that risk? >> what's the chances that we don't do that? look, eventually, unfortunately where we're going is assad is going to continue to perpetrate massacres on his own people. and my fear is that it will take another horrible massacre in the balkans in the mid 1990s to get the united states to act. otherwise i think the administration is just crossing its fingers and hopes, in the hopes that it will get lucky and assad will go on his own. jenna: we're 16 months in, a big question about what's next. it's a big story for us, and we'll be right back with more "happening now." therif they don't act,hike hanging over us. americans will see their taxes on dividend income spike, almost tripling in some cases. whether it's on him, or her, or them, it's a ripple effect on america's economy, slowing job creation, squeezing seniors and families, and hindering economic recovery. tell congress to stop a dividend tax hike now. go to defendmydividend.org to learn more. 8% every 10 years.age 40, we can start losing muscle -- wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? 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[ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. jenna: thank you for sticking with us through the motorcycle chase and everything else today. jon: glad it ended well. "america live" starts right now. megyn: fox news alert. brand-new and disturbing information this hour on the accused shooter in the colorado movie massacre. welcome to "america live," everyone i'm megyn kelly. you are looking at the first mugshot of the accused shooter james holmes sport -rg th sporting the same comic book type hair and spaced outlook. this is what he did minutes after being arrested, his actions once he was taken to jail and how he reportedly slept like a baby hours after he murdered 12 people and injured dozens more friday night. trace gallagher has the breaking news. >> reporter: it looks as this james holmes is some what surprised when they talk about the murder charges. look at this and decide for yourself. >> you have a right to be advised of the charges. the judge to make a preliminary determination of probable cause to believe you committed the offense of first-degree murder which is a class one felony under colorado law. >> reporter: others believe it was simply the blank stare of a demon. there are reports hours after being arrested he was in his jail cell seemingly unphased. the website tmz reports that a guard said after he was arrested he ate frosted flakes and that he slept like a baby. some of the victims and the families who were in court were furious over his lack of remorse. the father of the youngest victim, six-year-old veronica moser-sullivan says holmes is a terrorist and should be prosecuted by the feds. here is the dad's impression in court, listen. >> i looked him dead in the face, and hones

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