thanks for inviting us into your home tonight. see you back here tomorrow. >> sanitary workers near chicago accused of reselling hundreds of plots after removing the bodies buried there. plus, more charges the cia has been lying to lawmakers i'm rick folbaum in for shepard smith. the news starts right now. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- rick: new accusations that the ultra secretive spy agency played with the truth. >> i do not believe that the cia lied to congress. >> tonight, what the man in charge has reportedly admitted and why republicans argue this whole thing is just political cover to protect one key democrat. rick: well, it is the world premier spy agency. charged with keeping our nation secure and now we are hearing new accusations the cia has been keeping secrets from members of congress. the folks charged with overseeing its activities. now, these accusations in a letter from seven democratic members of the house intelligence committee, it says cia director leon panetta admitted in testimony two weeks ago that officials repeatedly mislead lawmakers since 2001. house speaker nancy pelosi made similar accusations just a couple of months ago. now, we don't know the substance of this latest accusation, but the agency did respond today with a statement saying it was the cia itself that took the initiative to notify oversight committees. still, republicans argue this is all political cover designed to protect speaker pelosi. again, because of that controversy back in may, you remember how it all went down. first, the speaker accused the cia of misleading her about harsh interrogation techniques. then director panetta responded saying it is not our policy or practice to mislead congress. and within days the republican leadership was demanding proof of pelosi's accusation. now, since then, the uproar has died down a bit. but with an upcoming intelligence bill threatening to reignite it, republicans argue the timing of all of this seems somewhat suspicious. and they say it might just be a move designed to protect the speaker. james rosen tracking developments live on the hill. james, first, does the cia director actually admit the agency repeatedly lied to congress? >> >> no. and leon panetta stayed silent since this erupted once again fnt a number of republicans who were present during that briefing and have spoken to him say well director panetta feels as though he has been misrepresented somewhat. that that briefing he gave on june 24, all he did was tell the lawmakers about a covert program that existed from 2001 to the present day canceled last month in which lawmakers say never really even got off the ground. >> we're not quite sure if it even reached the potential to have a nosks to congress and to go out and say we have been mislead and lied using by the way the speaker's language of a few months ago, clearly you don't have to be inspector to figure out that's a political environment and political motivation. >> congressman mike rodgers right here in these very halls of congress and, of course, for those of us not following that other element of what he just said inspector was a character in the pink panther movies, rick. rick: thanks for the reminder on that one. the speaker didn't sign the letter that the democrats sent him which they claim to have been lied to. but she did weigh in today. what did she say? >> speaker pelosi held one of her regular news conferences today. of course, reporters asked about this. the fact that seven of her colleagues or democratic conrads are now making similar charges to the ones she made two months ago. the speaker was careful not to claim to be vindicated. all she said was obviously the members here received a briefing from director panetta that concerned them and they are following up with it as they will as they see fit. a very cautious response from speaker pelosi. rick: as for that briefing from the director, any idea what classified details he did disclose in this briefing 15 days ago? he could have cleared this whole thing up and he is not talking, right? >> right. he thinks some people close to him say that further discussion of this will damage the intelligence agencies. we're piecing together what he said on june 24 to the house intelligence committee behind closed doors. we have learned that it was about a secret program that existed for eight years, was canceled. was kind of on again, off again. never really got off the ground. we are told it had nothing to do with interrogation techniques. you will recall, of course, that he is the subject that got this all started with speaker pelosi's claim about having been lied to by the cia two months ago. >> james rosen on the hill. thanks very much. we are seeing brand new dramatic images out of iran for the very first time there has been a major protest there in more than a week. the demonstrations in support of the reformist presidential candidate mousavi. time to mark the 10th anniversary of deadly student demonstrations at tehran university. now, we can't independently verify any of these new amateur images because of iran's crackdown on journalists there. but reliable sources posted this video on the web. we have no reason to doubt it. it is said to show the scene as thousands of protesters poured through the streets of the capital today. [whistles] >> now, some of these protesters getting a violent response as has been promised. those people you see in black there are the iranian security forces. witnesses say they hit protesters with batons, sprayed them with tear gas. no word yet on how many people may have been arrested or hurt. now, what's being called another apology from president obama on behalf of america. the president meeting with world leaders at a summit in italy. they just signed an agreement to take brand new steps to fight global warming. those steps are voluntary. no one will be forced to do anything. but the white house says that it is still progress and president obama saying today it's been a long time coming. >> i know that in the past the united states has sometimes fallible short of meeting our responsibilities. so let me be clear those days are over. >> but the president says that other countries are still not doing their part and critics say without nations like india and china on board, any agreement on climate change is just meaningless. major garrett is live with the president in italy. major, getting india and china on board may mean higher taxes here in the u.s., right? >> yes, indeed, rick, it may mean that the white house doesn't want to be that explicit saying one will necessarily lead to the other. but senior administration officials briefing us here said over and over again fort yates to obtain credibility on the world stage, it has to push through its own climate change legislation, which mr. obama is trying to move through congress right now. the house has passed it. since been stalled on that. administration officials here say once that is done, it is more likely, though not guaranteed that india and china will come aboard. of course way back when in the key oat that debate congress would not embrace it because china and india were not on board. some ways we are back where we started from. >> i understand interesting snapshot from today's meetings. tell us about it. >> something you don't always see. president obama shaking hands with libyan dictator moammar kadafi. what's he doing here? he is representing the african union as its charmt. he is here to sit on the sidelines global warming and economic regulation talks. the two had a very brief handshake. no substantive dialogue. point out kadafi and libya was once pursuing nuclear weapons. set that aside, they hope iran gets the message on that, too. rick? rick: major live in italy. thanks very much. now for confirmation hearings for sonia sotomayor. they are set to begin monday morning. 9:00 sharp. they could get very interesting. republicans say one of their witnesses will be frank reachy. he is one of more than a dozen white firefighters who sued the new haven connecticut fire department for discrimination. the city threw out the results of a promotion exam because minorities didn't do well on it. now, as an appellate judge, sotomayor rejected ricci's case but last month the supreme court overruled her and side with the firefighters. ruth bader ginsburg was one of four justices who disagreed with that ruling. now she is defending her for her wise latina quote. here it is to refresh your memory. >> now, legal experts say it's not only unusual for a sitting supreme court justifiable to comment on a nominee. it also goes against the court's unwritten rules. when we come back, raising the dead. stunning accusations today about what famous -- people at a famous cemetery reportedly did to hundreds of bodies. just ahead, details you have got to hear to believe. plus, the quarterback murder case new video of steve mcnair's mistress getting busted for dui days before she killed him and the former mvp himself caught on camera. we will show it to you when we come right back. >> it is the sacred spot where loved ones are placed to rest in peace. at one cemetery in illinois there are startling accusations that workers dug up hundreds of bodies, threw them into mass graves, all to carry out a sickening scam and make a buck. it happened at an historic cemetery in the south chicago suburb of alsip. 20 miles from downtown. the cemetery is the final resting place for many notable african-americans including sports stars, singers and civil rights icons. four workers are now facing felony charges accused of trying to resell more than 100 used plots to unsuspecting customers, family members are devastated. >> i have 23 family members out here. i have grave sites that haven't even been used. head stones that are missing. this is ridiculous. this is sacred ground. >> the fbi has now been called in to deal with the tangled mess. a mess that investigators say may have been going on for years years. corinna sun is live with the details in chicago. for years, how do investigators think these workers were able to pull this off? >> well, rick, the sheriff said they disposed and dumped the remains and resold the plots to families who just just didn't know better. investigators say they found a pile of bones in a back lock behind the cemetery. the sheriff said that this went unnoticed for so long because the suspects targeted mostly older grave sites and grave sites that had not been visited by family members in some time. hundreds of people showed up to the cemetery today to see if their loved ones were affected. the sheriff tells us it could be weeks or months before these remains are all identified. rick? rick: this is completely unacceptable. what else do we know about the suspects, the four of them and the charges that they are facing? >> well, four suspects, they are each charged with one count of dismembering a human body. they are cemetery manager carolyn towns who investigator say is the ringleader of this scheme along with grave diggers keith nix, terrance n. nicks and maurice daily. they may have pocketed $3,000 cash while keeping the grand scheme off the books. if convicted they could spend as much as 30 years in prison. rick? rick: karinason in chicago with a terrible story tonight. thanks so much. new details in the murder of former nfl star steve mcnair. 911 call made by the person found his body. >> as you know, police say mcnair's mistress shot him to death while he was asleep on the couch. she then apparently killed herself with the very same gun. we also now have the police dash cam video from when she was pulled over for a dui less than 4 hours before the murder. here she is. she is taking a field sobriety test. this was last thursday. she was arrested for driving drunk. mcnair, who was in the vehicle with her at the time, there he is in that yellow shirt and shorts. he later bailed her out and these are live pictures for you right now of steve mcnair's memorial service at the in the zion baptist church in nashville. about 5500 mourners are expected to attend. police in michigan say 5 teenagers are dead after the car that they were in was hit by a train. the investigators say the amtrack train slammed into the car at a railroad crossing in canton township. that is right outside of detroit as you can see on the map. according to local reports, the driver of the car may have pulled right into the path of that train. take a closer look. the car is under that big tarp in front of the train's engine. police reportedly have surveillance video showing the moment of impact that indicates the driver crossed the tracks trying to beat the train out. police say the flashing lights and the gate were crossing and they were working right there at the time. no one on board that train was hurt. millions of you have seen this video, a state trooper apparently roughing up a paramedic who was supposed to be taking a woman to the hospital. so if the video is so clear cut, why haven't investigators taken action against that trooper nearly two months later? we have got brand new developments on this controversial story and we'll have them for you coming up next. this is the world record for longevity and endurance. and one of the most technologically advanced automobiles on the planet. this is the 9th generation e-class. this is mercedes-benz. you have questions. who can give you the financial advice you need? where will you find the stability and resources to keep you ahead of this rapidly evolving world? these are tough questions. that's why we brought together two of the most powerful names in the industry. introducing morgan stanley smith barney. here to rethink wealth management. here to answer... your questions. morgan stanley smith barney. a new wealth management firm with over 130 years of experience. >> update now on a story we have been following since it broke back in may and you remember this, an oklahoma state trooper and a paramedic getting into a fight after the officer pulled over the ambulance the emt was driving. while those two were scuffling outside the ambulance, there was somebody inside who was crying out for help, amateur video catching it all. take a listen. ♪ screams. >> now, that woman you hear screaming was on her way to the hospital. we're told that her son shot this video while fox news wondered what happened to her. and our own brian wilson maybe following up on stories like this one across the country. he tracked down that woman and her family in oklahoma city and here is what he found out. >> you understand me? >> by now you have seen the trooper dash cam video. >> you get your [bleep] in that ambulance or i will take you in. >> and the cell phone video that shows the struggle between trooper daniel martin and trooper maurice wright. but lost in the discussion about who did what to whom is the fact that there was an elderly heart patient in the ambulance that day. she can be heard screaming on the tape. well, that woman was stella jordan who these day sass very fragile and nervous individual. too nervous to talk to us at length on camera. but her sister, clara harper remembers vividly how upset stella was. >> she was screaming. her eyes rolling back in her head it was to the point where she was just screaming so she had gotten exhausted. i picked her up and i just held her. i said it's going to be report. it's going to be all right. just calm down. calm down. i just wanted to pray and i said, lord, please, please, let my sister be all right. >> trooper martin has been on administrative leave for nearly a month and a half. the final report on the incident has been sitting on the desk of the chief of the oklahoma highway patrol for weeks. leaving many to wonder when the ohp when decide this matter. ohp spokesman chris west says it takes time for complicated personnel issues to play out. >> so people who are looking and thinking nothing is going on there, is stuff happening? >> absolutely. sure, sure. there is state laws that say that we can't really talk about what we are doing. state employees have rights and we have to protect those rights or else we have done wrong. >> fox news has learned that after the incident, after patient stella jordan had been delivered to the hospital safely, trooper martin did offer an apology to the family for his behavior. they think more needs to be done. >> i think that they should take his badge and his gun because he is out of, you know what the, the next person may not be as fortunate as we were. >> since we were here a month ago, reporting on this story, it's been revealed that trooper martin was once fired from a previous job as police chief of fairfax, oklahoma. he was reprimanded and then fired and he served less than a year. trooper martin has a record but so does paramedic white. dismissal was said to be unprofessional conduct. a short time ago we were contacted by paramedic white. he says i may have been fired. i have very excellent reviews. can i provide them for you. 30 years on the job i have never had one patient complain about my work. it continues here in oklahoma city, rick: rick: brian wilson. thanks very much. accusations of racial discrimination after african-american kids were turned away from a private swim club outside of philly. it's a situation that's gotten the attention of pennsylvania senator arlen specter. we're told more than 60 kids from a day camp used the pool once for 90 minutes after the camp paid a summer membership. but then the kids were told they could not return and the swim club refunded the camp's checks with no explanation. they overheard white members at the club making racist comments. >> i heard this lady, she was like, what are all these black kids doing here? she is like i'm scared they might do something to my child. >> she said she don't want any black kids there. there is too many of them. >> what did you think when you heard that? >> that was just ignorant. >> the club's president reportedly says several members complained that the kids, quote, fundamentally changed the atmosphere at the club. but that their complaints had nothing to do with race. the camp's director finds that hard to believe. >> if the children didn't misbehave, they -- we paid our membership in full. here's the check to prove it what else could it be? we were only minorities there. >> senator specter says that is he looking into this situation. mean time, parents and staff members say they will consider legal action against the swim club. al qaeda is feeling the heat from the u.s. experts say they know that because of a brand new book written by al qaeda. tonight, what it reveals about the terror network's leaders and the one american weapon they apparently feared the most coming up next. 4l "what do you mean homeowners insurance doesn't cover floods?" "a few inches of water caused all this?" "but i don't even live near the water." what you don't know about flood insurance may shock you. including the fact that a preferred risk policy starts as low as $119 a year. for an agent, call the number on your screen. rick: new developments tonight in the death of mike coagulate jamb jackson. it didn't cost the city as much as first estimated. it wasn't cheap. security, traffic control, cleanup all cost $1.4 million. far less than the initial estimates of 4 million. the cash-strapped city is still said to be looking for third parties to help pay some of those expenses. tuesday's memorial drew thousands to the staples center. one group that won't officially be remembering jackson, the u.s. house of representatives. house speaker pelosi today rejecting calls for a resolution honoring jackson and proclaiming him an american legend. pelosi called the resolution unnecessary. and as we await word on where and when jackson will be laid to rest, tmz reporting that his sister la toya wants him buried wearing one of his trademark white gloves. i'm rick folbaum in for shepard smith tonight. this is fox report hd. it's the bottom of the hour. here are your top headlines. al qaeda is paranoid and desperate. that's what experts are saying after seeing a new book by al qaeda. fox news has gotten ahold of the book. analysts say it shows u.s. air strikes are putting pressure on the terror network which is now warning its followers to watch out for what it calls muslim spice. catherine herridge is live in washington with more on this. catherine? >> yeah, thanks, rick. in this book al qaeda lays out some of its greatest fears that the network has a major spy problem, that its own people are diming them out by providing information that identifies training camps and safe houses. the success of the predator campaign is well documented, taking an operative to run the logistics and the training for future attacks. in some cases the intelligence appears so exact a jeep or a specific floor in a saint house. >> i don't want to discuss how we get it but they obviously think that it's coming from within their own ranks, within their own decision people, within their own warriors or support people. and that is -- and it means that the villages are turning against the taliban and al qaeda. >> it's this fear that spurs the al qaeda writers to write. gllt book suggests it carries humming bird like these. lock ton before kill. asked if this is the method used by the u.s.? >> i am very surprised to see them is, and that's all i want to say. i'm very surprised to see them. >> analysts say the book is part of a growing body of evidence that al qaeda leadership is under pressure in the tribal areas of pakistan and that the drone campaign is a single most effective tool in keeping the leadership off balance and undersiege, rick. rick: thank you very much, catherine a third wave of signer attacks has hit south korea. official there saying seven web sites were affected including one belonging to the government. attacks the latest in a series that started july 4th in south korea and here in the u.s. too where they targeted u.s. government sites including those of the white house and the pentagon. south korea's state run communications commission says the damage from today's attacks was, quote, limited. u.s. and south korean officials say they believe north korea is responsible. fox urgent now and we are getting word of a massive earthquake in southwest china. officials tell us more than 330 people are injured tonight. at least 40,000 homes have been damaged. 10,000 of those are said to have been completely wiped away. we are told the quake measured a six on the ricter scale and eight after shocks followed the initial one. hundreds of rescue crews are headed to the area which sits right along china's border with tie land. we will bring up updates as we get. they we now know the plane that caused the plane crash that killed billionaire steve fossett. he disappeared while flying a small plane in california almost two years ago. it took more than a year to find that wreckage. now the national transportation safety board says that fossett's plane crashed when it flew into some downed drafts. those are powerful, unstable air masses that move quickly towards the ground. down drafts are common around mountains where fossett was flying at the time. investigators say the plane could not recover and it crashed. so just how bad is this recession? so bad it's got some towns cutting back on law enforcement. that around the country mounting bills and extreme budget gaps have reduced or eliminated many basic services. but now small towns, like cook minnesota, forced to down size their police department. sometimes merging them with nearby law enforcement agencies or simply shutting them down all together. >> when you sell flowers in a town of 600 like peter does, you get to know your customers. >> we are a small enough community where everybody knows everybody else. > they came in just for the money. they came right to our cash register they broke in our back door. >> a series of burglaries in recent years have put folks in cook minnesota a bit on edge. not as much as the recent final to get rid of its two person police department because cook could not afford it? >> you have to have a squad car and computers and updated stuff so it can be an extensive endeavor for a very small town like the size of 600 people. >> on average in america, it costs $93,000 to keep every cop on the street. so, when cook got rid of its two-man force, the job shifted to the county sheriff. >> as those small town police departments go away, more and more calls for service are shifted upon us. more and more responsibility, increased dangers. >> 11. >> the sheriff gets no extra money or manpower for the extra work. and in the last two years, there have been dozens of local police departments around the country either eliminated or considered for elimination. almost all of them because towns can no longer afford their own force. back in cook minnesota, locals are hoping to bring their police department back by electing new city council members to reverse the decision. if that doesn't work -- >> -- you would be surprised how many people are armed now. >> steve brown, fox news. coming up, the boss is in detroit call it the new g.m. general motors headed out of bankruptcy and into government hands. next, we'll see what the company we all own is going to look like. plus imagine seeing this on your commute. the person who shot this video says it shows a train operator apparently asleep at the controls. the fallout and the reaction coming up. rick: fresh experience the h1n1 also known as swine flu. a million americans have been infected with this virus so far it could be only the beginning. the real flu season starts in the fall. even if h1n1 is no deadlier than the regular seasonal flu, remember the regular seasonal flu kills tens of thousands of people every he year. if both types spread at the same time, it's hard to know what could happen. wendell goler is with the news live at the white house for us. wendell? >> rick, health secretary kathleen sebelius who think we dodged a bullet with the relatively mild swine flu outbreak this past spring should think again. it may be back in the fall. it may be a more virulent strain. and while sebelius says the government will pay for a soak seen, that's only if it passes tests that will be conducted next month. >> because the scientists are busily trying to grow the appropriate virus, figure out if we have an effective strain that will combat h1n1 and a safe vaccine based on, you know, how many doses will be taken, what the side effects are so that process is underway. >> sebelius says the good news is the h1n1 strain seems to be easily treated with medications like tamiflu and ralenza. there is plenty of that production of this fall's seasonal flu vaccine is finished to so those production lines can be used for swine flu vaccine. the fall strain could be different than the one that began in mexico city it could make the seasonal flu strain more potent. at a conference outside washington today, state and local officials shared lessons from the spring outbreak like the school nurse faced with hundreds of students who thought they might be sick. >> and i said you can please just go down the line, take their temperature, and i gave them a post-it pack and said throw the temperature on their chest. >> mary pappas said 102 students home that day and 100 the next. reading their temperatures off the post-its off their chest and using the kids' own cell phones to talk to their moms. rick? >> pretty resourceful. thanks. a positive sign from the jobless market today. the total number of americans company filing claims for unemployment benefits fallen lowest level this year. the number of folks filing for new jobless claims fell to 565,000. analysts expected a much higher figure, around 600,000. at the same time continuing jobless claims continued to rise, jumping to a record high of almost 7 million. general motors preparing to leave bankruptcy protection. when it does, it will be as a company completely controlled by the government. a judge today approving the sale of most of the car maker's assets to the reborn company known as the new g.m. the detroit auto giant has gotten tens of billions of dollars of bailout money. the new challenges facing new g.m. may only get worse. joining us now adam shapiro from the fox business network. good to see you, adam. obviously this new company will have to make money. can it do that with its current line of cars. >> that's the 50 billion-dollar taxpayer question. jg.m. as it sex exists is going to be g.m. cadillac. they make their money on big cars and trucks. they have to learn thousand make small cars and do it fast. >> can they save many jobs. >> probably not. the 21,000 that they identified as being eliminated this bankruptcy process has allowed them to stream line and those jobs are probably lost. >> any word and this might be a little premature on when g.m. might be able to pay us taxpayers back. >> the u.s. government is saying as soon as practical, they want the u.s. government to, you know, exit its investment. personally between you and me that 300 million americans i'm putting deliberates on a pontiac solstice. give me a car. you can have the cadillac. rick: adam, thank you very much. from the fox business network. all right. it is now official. bernie madoff will spend the rest of his life behind bars. word today the convicted con man will not be appealing his sentence. a judge sentencing madoff to 150 years in prison for ripping off almost $65 billion in what has been called the biggest investment scam in wall street history during last week's sentencing, madoff apologizing to his victims who are still battling to get back at least some of the money they invested. sources close to the case have said up to 10 more people may be charged with helping madoff in his scam. the american college student accused of murder during what prosecutors call a sex game turned deadly today spending her 22nd birthday behind bars in italy. prosecutors say amanda knox killed her roommate while studying abroad back in november of '07. investigators say they discovered knox's d.n.a. on the knife believed to be the murder weapon. knox's trial began in january. she didn't take the stand until last month. proceedings are set to continue through next week until the court takes a summer break and then the trial is expected to pick up again in september. knox has been in prison for almost two years. new videos raising questions tonight about our safety on public transit. this train operator in d.c. appears to be snoozing while the train zips along on the tracks. a 14-year-old passenger saw. this he started recording it with his camera phone. and this was a guest -- he was a guest, rather, this afternoon on "studio b" with shep. >> at first i thought he was texting or doing something else until i saw his body go limp and when we hit the bumps he would sway side to side. and also if you notice in the video, his head keeps going forward. so i figured that he was sleeping. so i got out my cam rand a started recording. >> this video shot several days before this deadly d.c. metro crash last month on a different line though in the same system. nine people killed more than 70 hurt. investigator say they haven't determined the cause of that crash. the teen says that he saw it on the news and when he did he posted the video and filed a complaint. we're told that metro is reviewing that video. coming up, the cia controversy. democrats say there is proof the agency mislead lawmakers but republicans say that this is just a move to try to protect the house speaker, nancy pelosi. just ahead, hearing from two sides in their own words. we'll report so you can decide. plus, the affair was one thing and now the money that could really land a senator in hot water. coming up next, the cash that john ensign's parents forked over to his mistress and what they say it was meant for. wait until you hear how much she got in the deal. we'll be right back. 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( singing continues ) yes. there for you when you're in a tight spot. rick: now more on our top story. more house democrats claiming the cia has mislead the congress. in fact, they claim the cia director leon panetta admitted as much in a briefing last month. so far no comments directly from pa net attachment but he has already said that it's not the agency's policy to lie to congress. the new accusations come in a letter from seven democrats on the house intel committee. but republicans claim that it's just an attempt to distract from the firestorm as speaker nancy pelosi unleashed when she accused the cia of misleading congress. there was a loot of back and forth on this day as can you imagine. we have more now from both sides in their own words. >> i have worked closely with our intelligence professionals. and they are that, professionals. and i do not believe that the cia lied to congress. >> the intelligence committee hats oversight responsibility for intelligence in the house and equivalent committee in the senate. i'm sure they will be pursuing this in their regular committee process. >> when it comes to the information with regard to enhanced interrogation techniques, it's pretty clear what the cia briefed members of congress on. and for the speaker to say that she wasn't briefed, then she said she was briefed, and then to come out and accuse them of lying, i think is it's way the top. >> the fact is there is a briefing that is of serious concern to members of the committee and they have their course of action to deal with it i know what you know. i have seen the members from the members and obviously they have concern. >> do the letters silence the debate of the propriety of your making charges about the substance of your charges? >> i didn't know there was any question about propriety. >> i am still waiting for speaker pelosi to either put up the facts or we tract her statement and apologize. rick: everybody clear on this now. one house republican is asking the fbi to investigate possible crimes committed by cia workers saying that that might help to settle this battle once and for all. all right. it is almost wanted done for the controversial senator rolland temperature his. a top democrat democratic official the illinois lawmaker does not plan to run for a full term when he faces election next year. you will remember the former illinois governor, governor rob blagojevich appointed burris to the seat after first being accused of trying to sell that seat. he took heavy criticism for his ties to blago but refused calls to resign in response to word burris will not seek a new term. one democrat from illinois replying quote what took so long? more trouble for republican senator john ensign. he admitted last month that he had been having an affair with a staff of his. now his attorney says the senator's parents paid that mistress almost $100,000. senator ensign was on the short list for possible republican presidential candidates before admitting to the affair. the other woman is cindy hampton. here is a picture of the two of them together. yesterday her husband said the senator paid her $25,000 in severance. he also revealed a letter he says was written to his life by the senator reading in part. i used you for my own pleasure and goes on to say plain and simple it was wrong. it was sin. a washington watchdog group says the nearly $100,000 check may have violated campaign finance laws. and an ethics group has called for a criminal investigation. the senator's lawyers say the payment was simply a gift and that it was legal. >> what do die when an airline does you wrong, loses your luggage. cancels your flight for no reason. do you call customer service and complain you? probably won't get very far when you do. when one musicians guitar got destroyed on a flight, he made a music video about it. he put it online. so did the squeaky wheel get the grease? we'll tell you coming up next. ♪ united breaks guitars. eeredit! tell your friends, tell your dad, tell your mom! never mind, they've been singing our songs since we first showed up with our pirate hats on! if you're not into fake sword fights pointy slippers and green wool tights take a tip from a knight who knows free credit report dot com, let's go! vo: offer applies with enrollment in triple advantage. it's refreshed, and ready for summer. choose one appetizer and two entrees for just 20 bucks. 2 for $20. it's real food at the right price, and it's only at applebee's. it's a whole new neighborhood. >> brand new just in to the fox news. michael phelps has just broken the world record for the 100-meter butterfly at the u.s. national championships in indianapolis. the win gives phelps a spot at the world championships later this month in rome. it's also something of a personal victory. phelps already held the world record for every event in which he competes except the 100-meter fly but that changed tonight. of course, phelps is widely considered the best swimmer in the world. he holds more olympic gold medals of anybody in the history of olympics. he ran into controversy last year after pictures surfaced of him apparently smoking pot at a party. phelps said hey, i'm sorry a musician scoring the first hit of his career by lashing out at united airlines with a music video on youtube. here it is, dave carroll a guitarist for canadian band called sons of maxwell. flying united claiming baggage handlers broke a guitar of his worth thousands of dollars. when he complained, the airline refused to take responsibility. ♪ united ♪ united ♪ you broke my taylor guitar ♪ ♪ united ♪ united ♪ some big help you are rick: the video has been viewed more than a half a million times already. carroll spoke to fox earlier today on the phone about the revenge he has taken on united airlines. listen. >> this is a type of publicity i'm sure they weren't happy to receive. i know i'm getting so many emails in my inbox and i read the comments that i think they are bearing the brunt of not only what they did but what all their lines have done to people around the world forever. rick: here you come. you knew it was. it's catching wind of the video united has changed its tune. the airline says: rick: all right. updating some of our top stories tonight. police in illinois now say as many as 300 bodies may have been dug from their graves and dumped elsewhere. so, plots at historic black cemetery could be resold. four cemetery workers are now in custody. and on this day in 1972, pop singer david bowy unveiling one of the most eye catching, alter egos in entertainment history when he first performed as ziggy star dust. bowie had already been on the british by then. nothing could have prepared fans or parents for ziggy. it was intended to be a parody of the larger than life rock stars of the day. an art house send up of over indulgence. many fans and critics took it seriously and loved it others just didn't get the bizarre get up. the makeup, the wig, the costumes. look at that bowie's cleric gram rock of the 70's. he went on to become a mega music star music took a turn for the weird 37 y