permanent border police. reaction at the white house from ed henry whether the president could change his mind and visit the border tomorrow. ed. >> reporter: neil, it's certainly possible. a lot has changed in the lasts 24 hours since you spoke to that democratic congressman from texas, which showed the pressure on the president was not just from republicans but democrats like him who feared this could become president obama's katrina. and denny hoyer, an ally in the house who believes it might just be a photo-op, it might make sense for the president to go to the border when he's in texas wednesday and thursday because hoyer said it will show he's concerned about this crisis. so far saying the president still has no plans to go to the border but there was a crack in their insist steps he would just do funds raising and speech on the economy. str valerie jarrett, one of his top advisors seventh a letter to rick perry of texas saying the president would meet with perry one-on-one to talk about it but oolsz wants perry to join a-round table meeting with faith leaders to talk about immigration reform. in this letter valerie repeatedly called it a humanitarian situation instead of a crisis. i pressed the white house spokesman josh ernest about that. >> now it's being called a humanitarian situation. is that an attempt to dial this back and put pressure on the president? >> i think we've been very candid with the urgency we're approaching this situation and reflective of the efforts we have taken to try to address it. we've certainly called it a crisis as you pointed out and an emergent situation. >> if it's a national emergency, why is the president raising money for two days in texas and refusesing to come to the border and seep it for himself. can you imagine -- well, can you imagine any president refusing to deal with this firsthand to get the information themselves? >> he was referring there, john cornyn, the republican senator from texas to the 3.7 billi$3.7 budget request, extra taxpayer money that the president wants from congress to deal with this situation. they call that at the white house an emergency request not just an emergency situation. you get an idea of the language. speaker john boehner is not comm committing to supporting the request for those funds saying he's angry he's been calling on the president to also send the national guard down to the border to help deal with this situation. he says that is not included in this request so boehner is keeping his counsel right now whether he will support it, neil. >> thank you very much. now to arizona and the sheriff. $3.7 billion is almost double what we thought the president was going to propose. you argue it's not going to the things that need fixing, right? >> right. all this does is further support amnesty and path for asylum for these unaccompanied juveniles. ironically enough 3$3.7 billion is the hamilton the gao said it would costs to secure the boarder to construct 700 miles of 14 foot corrugated steel no climb fence and the technology to secure the border. instead, what the president is doing here is wasting this money because there's no enforcement of law. there's no consequences for breaking the law. what he's doing is sending an invitation to the millions and millions of illegals who will come from mexico and central america in the future by saying your every hope, forever you get to the border, you're home free, you're welcomed with open arms. that's what president obama has just done. >> apparently one of the things that will happen with these kids that got here in these buses rounded up we will set a court date for their parents presumably to come here and argue their case or kids' case. that, to me, would almost invite the parents to come and stay. >> exactly. all this reinforces the obama administration's plan, is to keep 11 to 20 million illegals here. there's flow enforcement of the law. you and i, you expect guys like me to enforce the law on american citizens, yet there is no law for people from foreign countries who come here, disrespect our country and its immigration process and we're made to feel somehow as the bad guys in this process. this is america turned up on its head. we've got to get back to the rule of law, enforce the law equally, fairly on everyone. we need to put this money instead to secure the border, we need to send armed soldiers to the border. >> they say -- i'm sorry, sheriff, they say part of the proceedses will be used to security the border not necessarily with permanent guards but temporary to begin with, there's an open question down the road. you don't believe any of that. >> it's a lie. i've seen it 100 times from this administration. they've released dangerous violent criminals right in my county and refuse to give me the names of these criminals. we have cartel scouts armed on mountains in my county ushering drugs all the way up to phoenix. this is our country. the obama administration has put dozens of signs written in english in our county warning americans danger, human smuggling. why don't we write them in spanish and face them towards mexico -- >> how do the kids arrive here in the first place. you ask the administration, they have no idea, we rounded them up in buses and now have 50,000 plus, largely kids, who we have to process now and go through the full legal labyrinth that is afforded people legal residents, niece are illegals, kids are not. how did this get so out of hand? what happened? >> there's no enforcement of the law. this is why you and i shouldn't be scratching our heads wondering how we got here now when we have a guy just yesterday we arrested and everyday 10 times deported, 15 times deported because there are no consequences for breaking the law. so, when the president welcomed -- we have border security guards, we have actual agents at the border, they're not deterring illegals or uncompanied juveniles, they are welcoming them with open arms, just as the administration says this is humanitarian. they're sur reynoldsering to us. this is -- this is outrageous that we in america do not have sovereign borders we can protect and secure. >> what if the president skips out visiting the border tomorrow or even doing a flyover? >> i fully intend him to just do his fund-raising. it's insulting to the american people and rule of law he's refusing to address a problem of this magnitude. >> would a flyover be more insulting? >> look, anything -- the fact he's not enforcing the laws is insulting enough, he's not giving attention. he should go to the border personally and talk to the people who are doing the job. >> sheriff, always good having you. good to have you. >> thank you, neil. you might as well leave the driving to us? is that the message we're sends tock the real bad guys, the isis bad guys. don't think these guys a s aren taking notes. your worry is they're looking at this porous border and thinking, here we go, right? >> i remember when i was in the seal teams in 1999 and was down range in central south america, and we saw at that point in time a culture that was full of openings where the borders were not secured all the way down to central south america. we knew that was the potential for terrorists to infiltrate and come up across our border. now with what we've got going on here at our boarder, it makes what we were worried about before mag nified 10 folds. with enemies like isis who have real professional training and no morals whatsoever when it comes to killing, flow ethical standards, they'll do whatever they can to propel the caliphate, which they believe in. >> what surprises me when they break down the nationality of some of these kids who have made their way here, you would think the majority are from mexico. they're not, they're from further down in south america, chil chile, ecuador, all over. i would income that alone raises eyebrows from potential bad guy s abroad, that's not only a porous border but everyone south of the united states sees as open for business. >> right. again, this is something that is not new. we're now transitioning on the war on terror to talk about the border as far as terror goes. this has been an issue when it came to the drug war for years and years. there's a place like just down in brazil, where it's an area where it's a huge port and drugs have always come in through there, all the way down from brazil and make their way all the way up across the border of the united states. what's to say it couldn't be done with terrorists. it's serge done with people and groups like this are constantly looking. neil, let me tell you this. we need to stop looking at probability, which is the numbers and the statistics, saying that they'll come over and we need to start looking at the possibility. the possibility that they'll do it is 100%. >> wow. jonathan, thank you very much. good seeing you again. >> good to be here. >> although not under these circumstances. thank you as always. and you're looking at live at capitol hill, the president's pick for the v.a. has just arrived, doing the proverbial rounds. when is the senate ever going to get around to confirming him? 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[ female announcer ] humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection. if you're still just managing your symptoms, ask your gastroenterologist about humira. with humira, remission is possible. it is that time of year again. happens four times a year. the earnings season kicks off. corporate america's four times a year report card. alcoa traditionally kicks things off. it is no longer a dow component but closely scrutinized. its earnings and revenues and beat street estimates and forecast for upbeat growth abroad has been helping boost shares in after-hours trading. we do not mention all the companies that report earnings. we don't even do it on fbn. the important ones. alkawa is a trend setter and better than expected read from the last three months out of that company. hope springs eternal others will follow. we shall see. he is the guy picked to clean up the v.a. and he is the senate guy crucial to getting him that job. right now, those two men are behind closed doors. our program says expect a long process. >> reporter: we don't know how long it will take to confirm robert mcdonald at the v.a. affairs department. he will shepherd this through providing there's no hiccup. i was told in the last hour it would not be implausible to have a confirmation before the end of the month and right before the senate recesses, confirm him. there is leed time in between when they have the confirmation hearing if they vote out of the hearing affirmatively. i understand the senate wants to talk to mcdonald about accountability, the biggest issue. there's a hearing before the house veterans affairs committee tonight that deals specifically with whistle blowers and retaliation against them. they are trying to work out this bill the house and senate have passed to work out the v.a. the house version alloweded the vae to fire someone on the spot, give the new secretary that sort of broad authority. bernie sandsers was concerned about across the board firings. he wanted some safeguards put into that bill to say, let's have a 30 day review, due process to these persons so they're not fired willy-nilly. i'm told that is not a sticking point but something they have to resoefl and have to see what the nominee, if he's confirmed, how he comes down on that. >> you could have a situation where a bureaucrat at the v.a. has dragged his or her feet providing care to a vet urgently needed it or got sick or even died because of that drag and that person could ostensibly have 30 days to air out the case? >> absolutely. that's something senator sanders was very clear about. if there are bad people at the v.a., let's get them out. he didn't want this willy-nilly firing. we have this hearing tonight about whistle-blowers. even they could be fired and that's one of the protections they want in this final piece of legislation. we will have more. but i'm almost to the point, fire now ask questions later. and if you want to fix the system, jim says earmarks can fix the v.a. your argument is what? at least in the case of earmarks, you know where the money is being earmarked, right? >> that's correct, neil. i think there's a lot to be said for giving the congress greater involvement in a specific case by case basis with regard to some of the hospitals that have performed the poor owes or h owes -- poorest or that the worst track record not being able to provide care. i would like to do some overall resolution of improving the quality of care nationwide. i don't know why we wouldn't want to give individual congressman and senators the ability to make recommendations for improvement. >> i see where you're going, and the reason they're doubtful about this is they've been burned by congressman and women and say they will keep an eye to make sure it goes to that purpose and it goes to other purposes or becomes their own pet piggy banks to dole out as they see fit and your example to specifically look for our vets interests that morph into something far worse. >> i understand that concern. there have been abuses in the past. the answer to these abuse is transparency. let everyone know what you're doing, how much money you want, where the money is to go, follow up with oversight hearings and questions and answers. >> they never do that, jim. with earmarks we know where it was going or being wasted and had the proof in the pudding following up on it. whether it's a specifically designated pot or big old pot we all go to pot, in other words, the money gets absconded, misused, abused, doesn't go to the people for whom it was intended, in this case, vets. >> neil, that's especially true in a bureaucracy like v.a. because there is no transparency. if the congress is going to invest billions of cleaning up this system, my only point is you may have systemic problems nationwide and you can fix them. you also may have very specific problems at individual hospitals. i just believe you want to give individual congressman and senators the option to target those problems and to solve them. >> all right. your trust in them maybe is a little more than mine. jim, always a pleasure having you. thank you very much. >> thank you, neil. in the meantime, when billionaires say the craziest things it's enough to make you giggle or is that google? ithe part of us that a littwants to play,on. wants to be mischievous, wants to run free, all you have to do is let it out. find your inner minion only at the despicable me minion mayhem ride at universal studios hollywood. billionaires say the darnedest things. >> yes. in the latest edition of billionaires say the darnedest things. he co-founded google with his buddies. the work week means different for them than other folks but has not stopped larry from weighing in on the work week. >> the idea everyone needs to work frantically to meet the people's needs is not true. i was talking to richard branson about this that they don't have enough chops in then uk and trying to get people to hire two part-time people installed ed of full-time so young people can have a halftime job rather than no job. at a slightly greater cost for employers. i was thinking the extension of that is you just the global unemployment or widespread employment, you just reduce work tim time. >> you know, i was talking to my friend, rupert murdoch and i said rup, this work thing, wreefr gwe've got to bring it down a notch. >> and he fired me. >> really, larry? >> not according to richie and radio talk show host, richie fowler. what do you think of this? >> i think our whole factory system and education in the workplace is a little outdated. i do think people spend a lot of time diagnose busy work and could be more productive in shorter bursts so i don't necessarily agree with it. >> the other half of it. what's going on with your so-called busy day? >> hi husband is a small busy owner and i will tell you there is no such thing as that in a small busy. if you want to work towards google pay you have to work a lot more to do that. the idea of taking all the work you have to do and compressing it with robots is quite genius. >> i'm not surprised someone named kennedy thinks that. >> it doesn't make you lazy, makes you efficient. >> court-martiaharles. >> listen. i'm not surprised google is putting this forth, taken over eight or nine robot companies and satellite companies. they're the ones to get us acust systemed to the idea it's okay to let the robots lift some of your burden. to serve men, you know what i'm talking about. >> thank you. kennedy doesn't -- the young, they don't know. >> soil and green is people. >> fine. >> i know that. >> the google guy came up with that. >> richard fellow, what do you think of this? >> i have to tell you, neil, i agree with kennedy on this one. almost 80%, unusual. >> i'm walking off my own show. >> here's why, neil and the reason why. if you look at all the other developed countries like germany, where they have a 35 hour work week, they're more productive because all the studies show -- >> they're busy, they don't take any down-time. >> they have a better work-life balance. >> every time someone tells me to look at economic excellence -- >> germany. >> even germany. >> we're talking about germany. >> did they look their way into this world cup thing. >> it gives us the freedom from what fdr talked about, why we're getting people to work part-time. look at that jobs report thursday, it was scary. >> the part i did understand, talking to my friend, richard brandon. >> richard branson. >> so i'm talking to my friend, rupert murdoch. i'm just thinking, let's say everyone works half the hours they are -- >> and makes just as much money? >> yes. hello. i could see more people all getting the same? all getting full time pay for halftime work? >> i don't know. i think you find ways of being inefficient and cut down on work you're doing. >> isn't he saying you cut the hours in half and other people fill the hours working part-time then everyone's a winner. that's like saying when your kids are little and everyone wins at t-ball. no. >> i think if you have a giant corporation like richard branson and sergei and larry page, it's more important for them to have part-time workers and the employer mandate with obamacare. >> he has an agenda. >> it is obamacare because people won't be an able to afford health care for everybody so they're going to switch to part-time so maybe everyone -- >> she's coming around to what really is driving this billionaire, cutting back his workers and maybe not paying as much in health care. >> i don't think it has anything to do with obamacare. i think it has everything to do with work life balance, productivity and decreasing costs. >> working less and getting paid the same amount, nirvana. what's going to happen? >> i wouldn't go as far as he went, saying part-time, i think we should have a better work life, 35 hours -- >> that's what we work in a day! wait a minute. 24 hours -- >> that's the new buzz word, work-life balance. >> you and i dropped balance decades ago. you want the great things in life and earn them or want someone to give them to you. >> sacrifice the family. tedious albatrosss. >> i think we are dealing with grows inequity and perhaps malignant narcissim. >> oh! >> in japan they find a way to work intensely but for shorter periods and also really enjoy this rich beautiful life. >> what are you saying? >> i'm saying liver like you're on vacation and earn the money. >> this guy earns the company you hate spying on your every move and all you guys talk about, leave us alone, leave us alone, now the pioneer behind this comes out with an idea to say, all right, i will still spy on you but you only have to work half the time. do you love me now? >> no. i don't necessarily love what they're doing especially in concert with the government. the idea you can do what you do and still make money, everyone should be prosperous. >> i agree with kennedy on this one. >> richard, what you're saying is -- look at you, a little nod here. i'm with you. here's what's happening, richard. we are giving up our work ethic and thinking it's cool to do because that will balance this out. what made this country we work our duff off and try to work hard and there is a balance to work-life. he's saying cuts your hours in half and have other workers work the other half and think it will all be nirvana is at best unrealistic. >> i think he clearly goes too far with this part-time thing. >> i do, too. >> having a shorter work week so moms and dads can go to soccer games and pta meetings. >> depends whether you like your kids. >> i don't have any kids. >> look at this! >> it would be disaster and absolute hell and america is already slipping in the abyss and will slip further. >> that's the east coast -- >> i lived in oe okinawa and i wasn't so impressed i want america to be oh kin nokinawa. >> you can see it but you better not yap about it. the media can take a tour of this immigration detention facility. where all these buses are going but they can't ask any questions while they're there. how weird is that? óqoqúúñ@ what good is a congressional tour of an immigration detention facility if nobody can ask questions when they're there. they say you snooze you lose except when this yankee fan wakes up, he just sues. back in 60 seconds. and launch your dreams. at legalzoom.com we put the law on your side. i dbefore i dosearch any projects on my home. i love my contractor, and i am so thankful to angie's list for bringing us together. find out why more than two million members count on angie's list. angie's list -- reviews you can trust. dad: he's our broker. he helps? look after all our money. kid: do you pay him? dad: of course. kid: how much? dad: i don't know exactly. kid: what if you're not happy? does he have to pay you back? dad: nope. kid: why not? dad: it doesn't work that way. kid: why not? vo: are you asking enough questions about the way your wealth is managed? wealth management at charles schwab. call it the uproar in now on developments in the middle east. this is video just coming in. we should have it very very shortly. it's what officials are calling a seaboard attack from the gaza strip. four people were killed in this attack. the attackers, we are told, it follows a rocket attack. reports up to 40 rockets fired over israeli cities. that's the latest we have there. i apologize for the confusion. meanwhile, you might want to call this the uproar tour. lawmakers getting a look at the immigration detention center where the buses are going. immigration services are telling folks that visit what they cannot do, telling this to u.s. congressman. they can't record it, can't take pictures of it. can't talk with the children or staffers about it. the list of restrictions for the media, when its tours start on thursday, even worse. no recording devices, no interacting at all. no photos. media watcher brent bozell says it's time for the free press to push back. i don't think i have ever heard of such limitations. how can you write about something you can't write about? >> just imagine thinking about this and the people's right to know. imagine after katrina, reporters are getting ready to go to new orleans and the bush administration says to reporters, one thing, no recording devices, no questions, no interacting with staff or children, no photos and no interviews but other than that, you can cover katrina. the response would be that this is a statement of dictatorship. this is -- when you are reporting it or making those kind of demands on the press. the press should tell the obama administration to go fly a kite. if i am a journalist, i would go immediately to the border with a camera person to do an interview and interview somebody stopping me from doing this. you know, it's interesting, neil, reporters can go all over the world and interview children who are victims of disasters but they can't do it in the united states of america, apparently. >> to see kids rounded up in rwanda and nigeria and kids being kidnapped, that's fine. kids being housed in the detention centers in the united states not so fine. the legal argument they come back with is these are kids and we have to be careful what we're doing. you say what? >> have you ever heard any in this administration or any other administration ever say you can't interview children in rwanda? >> good point. that's a very good point. i'm wondering why so many strings attached to these visits visiting detention centers, talking 50,000 largely kids from all south america. so it's raising questions as well about not only their unique country of origin but why so many from so many different countries are there. i could understand maybe some reticence about exposing that but it is what it is. it's not a mystery we have better than 50,000 kids. what happened? that's what we want show it. >> neil, this is an administration that's becoming unglued. they have controlled the political narrative for six years. the wheels are coming off. so they're reacting with panic the way the chicago machine reacts, where they're just trying to ram down the throats of the public the rules as they see fit. they're breaking the rules and they're breaking the constitution at every level. this seems to be the first amendment that's now been broken. >> and pictures we're showing are courtesy wire service photos. so some of the very kids we're going to be talking about in these centers we don't want to photograph are the kids we're looking at now in these presenters we don't want to photograph. i'm just wondering expose, have it all out there an let the chips fall where they may. this happens on the right and on the left, let er rip. >> it's a story. remember all those stories demanding bush go to new orleans and make his presence known after katrina? where are the stories, other than fox, as usual, where are the stories by the press about obama going to texas for funds razors but won't go to -- for fund-raisers but won't go to the border to visit this? why? because the optics are so horrifying with the president amongst the squalor his administration created. >> if this didn't happen because of something you did, as he stresses and go to the detention center and reach out but go to the border. now told the president has no plan to go to the border. i imagine he will be very leery of having a shot taken of air force one looking down at that border? >> doesn't the public have a right to know? doesn't the public have a right to know what's going on, on our own borders. to me, it is a frightening proposition we are not allowed to see what is happening in our country. >> amazing. at least pointing out the h hypocrisy. thank you, sir. >> thank you, neil. did any of you see this guy? a great paper. a lot of you would say, neil, what were you doing at the yankee game? it wasn't me. he was caught at a game fast asleep. now, he is filing a lawsuit that has the sports worldwide awake, after this. can hurt u? what...? jesse don't go! jesse...no! i'm sorry daisy, but i'm a loner. and a loner gotta be alone. heee yawww! geico. fifteen minutes could save you fifteen percent or more. jesse? really... so our business can be on at&t's network for $175 dollars a month? yup. all five of you for $175. our clients need a lot of attention. there's unlimited talk and text. we're working deals all day. you get 10 gigabytes of data to share. what about expansion potential? add a line anytime for 15 bucks a month. low dues... great terms... let's close. introducing at&t mobile share value plans... ...with our best-ever pricing for business. test test you know, everyone is falling asleep watching tv. not viewers of this show. but how about on tv? >> it's not the place you come to sleep. i tell you what. how comfortable is that? probably won't have any neck problems tomorrow. >> i mean, is that guy to his left his buddy just letting him sleep or is he here alone? what's the dealing with this guy? >> maybe he's his buddy and he likes him a lot better when he's asleep. >> forget about snoozing, once the guy woke up, he's suing, claiming espn and the yankees defamed him and caused him emotional distress. he wants $10 million. the boston red sox joust phoned in and said he should get 20. a little joke or bad one. >> one saying it's perfectly fair this guy should sue and m remi spencer crying foul. why foul? >> if people could sue every time they get embarrassed, imagine -- >> he was embarrassed on national tv. >> when you get a ticket to go to any stadium, or concert, look at the back, there is a waiver on the back. >> if you fall asleep on tv and we catch you on tv and make fun of you, we are held libelly-free? >> yes. >> you're lying? >> no, i did not. look at the ticket. this case goes further than that. this plaintiff is not complaining that this commentator said awful things but because they brought attention to him, people on the internet said vicious things trolling the web, that's the harm he should be compensated for. that's a big disconnect. >> don't you guys understand why hannity gets tweets? i can understand. >> what do we know about this young man? what do we know as to why he was asleep? maybe he was caring for a chronically ill child and did go to the game, i wim get some sleep. maybe he was up all night studying -- >> didn't think of that. >> it's the power of the media. >> we presented an image of a guy that might be wrong. >> snore, dan shulman and kruk are such respected announcers, if they say something, people will take it to heart and maybe just maybe if you go to a game and you fall asleep, do you really think i will be on national tv in front of 45,000 people? how about 80 seconds they spent talking about him? >> that's what made the difference he became a big subject. >> that's a lifetime, 80 seconds on television. >> i hear you. >> randy makes a very good point. this is a lawsuit asking for $10 million for something -- >> he was humiliated and embarrassed. >> that doesn't give him a legal claim. the law requires -- >> you go to a lot of games? >> die occasionally? >> do you do the seventh inning stretch? do they do at at other stadiums. i find it dumb, so i'm not spelling y-m-c-a. if i'm not doing it and someone makes fun of me for not doing it do i have grounds to sue. >> if people make fun of you -- >> forget about my being an international star -- >> that's my point. >> i'm joking. talking about average folks, saying he's not getting in the mood. >> you give up some of your privacy rights. >> no way. then 60, 70, 80,000 people give up their privacy rights when they walk into a stadium. >> absolutely they do. they're advised they're -- >> and i'm worried if any chance they will win the division. >> he was forgotten about it. now that he filed a lawsuit asking for 10 milli$10 million. of course i would be upset and not sue. >> you know what i'd say, he's had a busy day suing people. give her a break. >> i defend. >> randy? >> i don't need to say anything, you gave the best farm ormula, you sit there and i sit over there. >> what are the limits? >> the limits are i go to a game. do i reasonably expect to be plastered 80 seconds while i'm asleep, national television. i think the answer is no. >> there's a reasonable expectation you're not going to be humiliated on national tv. if we sat here for 80 seconds and lambasting someone else, that's horrifying? t. find out why. >> is he suing espn and the yankees? >> yes. >> espn put out a statement the comments attributed to espn and our announcers were clearly not said in our telecast. the claims presented here are wholly without merit. i'm not sure i understand that. >> what they're saying is the law does not allow for this kind of a lawsuit, because there is no cause and effect. there's no legal claim for being embarrassed. forget about the $10 million in damages. >> some people tweeting are disagreeing. >> that's not what they're saying. >> does the fan have a case or is he crazy. tweet us @teamcavuto. we will read it at the end of the show. the perfect way around this, if you bump into sean hannity, he always has a suite and i'm telling you what happens in the suite stays in the suite. that could avoid the whole problem. >> right. >> you've been in that suite? >> never been in the suite. >> neither have i. baseball is when they run around? >> yes. and score you go touchdown. >> understood. find out what democrats are doing, that's right, democrats are doing to make sure you don't pay for a spike. unlike the bargain brand, depend® gives you fit-flex™ our best protection. it's a smooth and comfortable fit with more lycra® strands. hi sweetie! get your free sample at depend.com for that moment, where right place meets right time. and when i find it- i go for it. (announcer) at scottrade, we share your passion for trading. that's why we give you the edge, with innovative charting and trading features, plus powerful mobile apps so you're always connected, wherever you are. because at scottrade, our passion is to power yours. there's more violence when you run a business, you can't settle for slow. that's why i always choose the fastest intern. the fastest printer. the fastest lunch. turkey club. the fastest pencil sharpener. the fastest elevator. the fastest speed dial. the fastest office plant. so why wouldn't i choose the fastest wifi? i would. switch to comcast business internet and get the fastest wifi included. comcast business. built for business. ♪ see you in september ♪ see you when the summer is through ♪ >> i knew that kid sitting in the corner. that's my son. what are you doing? you think kids are dreading going back to school in september? they have nothing on some democrats who fear something even worse in september. to kate rodgers on the frantic moves on the left to avoid an "f" in the fall. what are they so uptight about? >> well, september is a big month because we're going to find out how much health care premiums are going to go up under the aca. so far 21 states have submitted their insurance premium rates, they're preliminary right now, but in all 21 states rates have gone up and in some states they've gone up by double digits. >> what are they trying to do to avoid that? >> democrats don't want to be too closely aligned with obamacare. republicans could see it as low hanging fruit. they want to try to distance themselves from it. we have several senators, north carolina senator kay hague hagan, she ran attack ad against her counterpart saying he was too closely aligned with obamacare. strange times we're in. >> they're trying to say we're doing everything in our power to delay these hikes, right? >> absolutely. >> but the hikes are coming. >> the hikes are coming. >> it's a matter of when. >> they're coming for several reasons. number one, the cost of health care is inflating by over 5%. insurance carriers have to raise their prices in order to stop some of the losses that they're going to get, and then, number two, people signed up for these exchanges late in the game so insurers don't have as much information about their health status as they'd like. to protect themselves, they're, going to have to raise their rates. >> you were telling me we're getting these reports now, these 2.9 million irregularity that is are cropping up, either bad numbers, license numbers, faulty job data, maybe you're not really a citizen applying for this. >> absolutely. >> but they weren't able to resolve 2.6 million of the 2.9 million. >> it could be a big deal, and some people could have gotten subsidies that they weren't properly supposed to get. so they may wind up having to pay them back in 2015 when they submit their tax returns. >> for those who were expecting to pay less thanks to the subsidies and they don't get the subsid subsidies, they end up paying more. >> or they have to pay it back. >> the democrats are fearing this event in september. how likely are they able to push that deadline back? >> i don't think they're going to push the deadline back. "the washington post" just did a write up on the 12 states that will decide who gets the senate in 2014, and so we have mark pryor from arkansas, north carolina senator kay hagan, marry landrieu and mark begich. >> thank you very, very much, kate rogers. we'll have a lot more on this tonight. meanwhile, you're sounding off over this guy dozing off. tweet dreams next. you know that dream... on my count. ...the one where you step up and save the day? make it happen. (crowd) oh no... with verizon xlte. hey guys, i got it right here! we've doubled our 4g lte bandwidth in cities coast to coast. so take on more. with xlte. on the largest, most reliable 4g lte network. this is a weird reaction. this yankee fan suing as we were gist updating you. fell asleep at a yankee game. everybody is making fun of him. he's suing for $10 million. loni says i want to sue this guy for wasting court time. susan disagrees. espn should give him a cash settlement. the champ chimes in, the guy has no case. just give him a pillowcase. frivolous. matthew clearly is not a new york fan. seems like something a yankees fan would do. he thinks you're a red sox fan, hey? this happened at a red sox game you wouldn't feel the same way. i'm not going to talk to t. boone pickens about this tonight but i am going to talk to him about why he's taking on the left and the right over forgetting an energy resource we have at our fingertips that is not oil, it is not wind, it is not solar, but he says we have it in such abundance we're stupid if we don't tap it, sell it, milk it, just give it to everyone and his uncle because we are the world's leader in it. in fact, such a leader that if you combined all the other countries' positions in this particular product combined, america has more. but what are we doing? building wind tunnels, building solar panels. boone pickens is ready to pick a fight with the president of the united states tonight, 8:00 p.m. >> hello, i'm dana perino. it's 5:00 in new york city and this is "the five." the crisis surrounding the flood of unaccompanied illegal immigrants at the u.s./mexico border is intensifying by the day. president obama will twrafl to texas 20etomorrow but will not visiting the border. he will have a meeting with state and local leaders that's 500 miles away in dallas. that meeting will include republican governor rick perry. while the meeting might be a first step to democrats representing border districts say the president sul