jenna: "america live" starts right now. megyn: fox news alert new poll numbers the white house may be watching very closely and just out this hour. welcome to "america live," everyone, i'm megyn kelly. in some of the first polls since america's credit downgrade a majority of americans say they are clearly, angry, frustrated and concerned. polling numbers just out show that president obama's approval rating has taken a 4-point hit, it's down to 44% from 49%. 73% of americans now think this country is on the wrong track, 73%. when it comes to the economy 43% fear the worst is yet to come. in the middle of the money worries, kentucky senator rand paul is calling for the senate to take a no cough dent vote on the treasury secretary timothy geithner. a backlash from the credit

downgrading that took place last friday. steve centanni is live. >> reporter: a briefing underway, we expect jay carney to be asked about the situation with the stock market, the crisis in europe, the vote of no confidence that rand paul wants to take in the senate, about timothy geithner and whether or not he still has confidence in him, whether he should stay on as treasury secretary. as you know rand paul is want ago no confidence vote in the senate, which would not be binding by the way but would express the opinion of the senate if they approve it, that secretary geithner should step down. this is what rand paul has been saying since the weekend that he wants him to step down. he said in a press release dated today the stock market gave a vote of no confidence on timothy geithner and went onto say we can read his words here geithner has shown no accu men in predicting, diagnosing or treating america's economic woes. the time has come for him to resign. rand paul not the only one

pushing for the resignation. jim demint, michelle bachmann and many others who never voted for his con fi confirmation in the first place also want him to resign. megyn: we are three days away from the big straw poll. gop contender tim pawlenty getting attention for this new political ad challenging obama on the economy. >> i will be held accountable. if i don't get this in three years it will be a one term proposition. leaders rise to the occasion. leaders are going to lead. >> 18,000 calls last month,. >> a real disappointment. >> deep unemployment rates. >> there are always going to be bumps. megyn: will that add win tim pawlenty the new support he's hoping to get and will this become the way the gop tries to

win the white house focusing on the economy and the democrats. another alert coming in hours from now after a multi-million dollar effort to break republican control in wisconsin falls short. they are vowing a new challenge to the governor in that state. upset over the governor's efforts to curb union rights. unions and left wing groups spent millions in an effort to recall six republican state senators and again control of the state senate. that effort failed. four republicans held their seats and now the democrats will not take control of the senate in wisconsin. scott fitzgerald is a republican and my guest now. thank you so much for being back on the program. first of all your reaction to what happened in wisconsin last night, the republicans holding onto four seats but losing two to the democrats. >> we are upset because we lost a couple of colleagues but ultimately this allows us to

move forward with the republican assembly and governor walker, with an agenda in the fall that continues to expand the economy and is focused on job creation. megyn: if you look at the left wing press today there is some disappointment that they didn't retake the state senate there, but there's also some back paddling going on saying look, we went into red territory and we took two, and that sends a message in and of itself that we're not going to sit by, we've narrowed the gap in the senate in terms of the balance of power, we will not sit by and let unions be bullied. is that the message you received? >> listen they spent over $30 million in special interest money that ultimately was put in place by the national unions, both public and private, and i think they are pulling up stakes today and moving onto a different fight, because they did not have success here i think it's going to be more difficult for them to phaeublg the case that they can recall governor walker or other republican legislatorses in a

second round of recalls. we are encouraged by the idea that we did well last night. megyn: there is also going to be a recall election for three of the democratic senators who were involved in this vote, who opposed it. is there any chance you think the republicans have of picking up one or all three of those seats? >> yeah, there's two specific targeted seats, one is the 12th senate seat in northeastern wisconsin and the 22nd, and we have everybody we can get up to the districts to help us try and pick up a few that we lost last night. we are very focused on that for tuesday next week. megyn: when you walk around wisconsin now, in the wake of yesterday's vote, what is the mood? i mean what is the message among you and your colleagues? is there a sigh of relief or is this a tough day, because two are gone and they did have the democrats, some success. >> no, i mean we're going to move forward with our agenda in the fall. i think that is what many of the republicans were hopeful for

that we could continue to work with the republican assembly and the governor. i think the winds kind of coming out of the balloon late bit for the democrats today. i think it will be difficult for them to keep up their momentum going into the recall elections on tuesday next week. megyn: we'll be watching to see what happens. state senator scott fitzgerald, thank you so much for being here. >> thanks. megyn: there is a lot of action on the campaign trail in iowa today. you're looking at live pictures here out of the town of pela, iowa. mitt romney getting ready to hold a business roundtable there. romney is staying out of the upcoming ames straw poll debate. a report surfaced that president obama's team is hatching a campaign plan as one described to kill romney, they mean politically, by attacking his character in part. we'll show you rom necessity's

response in this ad that he's put together in just a few minutes. and, folks, you will see the governor during the fox news channel washington examiner and iowa gop presidential debates. you can watch republican white house co contenders duke it out at 9:00 eastern time right here on the fox news channel. fox news alert police announce that that trio of heavily armed seubls on the ru siblings on the run for days are under arrest. they crashed their car near the new mexico border after a short pursuit by police. law enforcement across the country breathing a sigh of relief. they are accused of attempted robbery and attempted murder of a police officer who tried to to pull them over. the warnings the cops were giving in this case were pretty dire to other police officers about how they really needed to

consider it a life and death situation if they tried to apprehend these three. much more later on this story. overseas now where riots are moving out of london and spreading across several other cities in the united kingdom. what is going on over there? this started, some guy got murdered, people were upset and took to the streets. it's owl of control, you have the prime minister commenting on it, you've got three more people murdered. people being degraded, jumping for their lives to safety. on it goes. there are incredible stories of tragedy and thankfully also survival that are now emerging from this chaos. the video is stunning. cars and buildings on fire and violence on the streets. police just now starting to take back control of the city. they were reluctant to do too much. just some of the victims of all this mayhem a young couple who were barred from visiting their one-month-old dying baby in the hospital after the hospital was shut down following threats of a fire bomb. the story of this young man, a

20-year-old who was sitting on the pavement with blood dripping from his nose when a group of men appeared to help him up only to turn around seconds later, rifle through his backpack while he's not looking and steal something from it. amy kellogg live in london with more. amy, unbelievable. >> reporter: yeah, as we've been saying there doesn't seem to be a common theme to this whole series of riots. [no audio ] megyn: that's unfortunate. this is what happens sometimes when our satellite feeds go down. got her back, let's try again. amy. >> reporter: you got me back. so, i was just saying while we've been discussing the fact that there doesn't seem to be a common theme to these riots, other than the looting, and the taking advantage of a situation, there is not really a common profile to these rioters.

they are as young as 10, as old as 46. we've learned of organic chefs being arrested, someone who worked in a primary school, someone who worked in an opera house. we heard about two young girls 16 years old who looted cigarettes and alcohol from a shop. they laughed when they told reporters that their parents knew about it and their parents had laughed. still there are some scenes of hope and encouragement admist all of the chaos and violence in london. the social networking sites like facebook and twitter were the bain of the police's existence because they were being used to organize the riots that were wropg up all over the place. now they are being used to organize mass cleanup which really show the good side of society, people coming out on their own time to cleanup messes that they didn't create. people are really taking back the streets. we are outside a sikh temple. they plan to create a ring of seal around their temple. they haven't been attacked this

community, but they are very worried. the police basically had london under control last night but it was out of control in a lot of other places, and the story is not over. but we've seen a lot of people. of course there is a fine line between vigilantes and a show of force. megyn: we are staying on top of the story. we'll have a reporter who actually confronted the crowds of people rioting on the streets. you'd like to think that you -- i don't know, maybe -- i would like to think that i would do that, that if i saw somebody doing wrong that i would confront them. i don't know if i'd have the courage. he did. we'll have a firsthand account about what the rioters revealed to him and their motives. titim pawlenty is in the race but not leading the mc. eithehe's coming out swing w-g this ad.

>> shovel ready was not as shovel ready as we thought. the stock market has come roaring back. >> is there a chance that the united states will loose its aaa credit rating yes or no. >> the united states just lost its aaa credit rating. megyn: will that do the trick, put tim pawlenty over the top? if no notwe'll talk about that in a moment. one man lashing out over the worldwide web in a nasty divorce. now a judge is telling him to shut his site down. whatever happened to free speech? "kelly's court" debates that one. plus, there is something about dirty dancing. i couldn't concei this as a heart attack.

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megyn: new york congressman peter king a republican is now demanding an investigation into reports that the obama administration has sanctioned a hollywood movie on the classified mission to take out owe so many a bin lad din. they have given high level access to sony pictures and catherine bigalow. the film would reportedly be released in october of next year, which is, of course, the month before the presidential election. there was just a heated exchange over this at the white house press briefing which we will show to you in moments and jennifer griffin will have a full report on what is going on here in a short bit. meantime the screen reads, quote, failed economy, failed

leader, and failed direction. tim pawlenty releasing a new hard-hitting ad ahead of the iowa straw poll. take a look at this. >> leaders are going to lead. >> we've got 18,000 jobs last month, well below. >> we are moving in the right direction. >> a real disappointment. >> there are always going to be bumps. >> shovel ready was not as shovel ready as we expected. >> the stock market has come roaring back. >> is there a risk that the united states could lose its aaa credit rating, yes or no. >> no risk of that. >> the united states just lost its aaa credit rating. megyn: joining me now, monica crowley, and john gersteir, a democratic strategist. let me start with you, dan. do you think that ad is effective? >> i think the message is an effective critique. i think the execution of the ad

frankly was mediocre. a much better visual and mood setter would be to have the empty podium with words flashing on the screen to magnify the message that president obama has been mia on the economy. mitt romney's ad where the ta with the tag line makes a much better point. megyn: even if it could have been done more effectively does it tap into a growing narrative t. >> absolutely, i think it's incredibly a great ad. it reads like a movie trailer, in a world where you have a failed president. what it hits is obama's two main achilles' heels right now, one, a very poor performing economy, downgrade crisis, as well as the

lack of leadership. obama is being hit by all sides for the fact that he is not performing as an effective leader. you hear it from the left, from the right from the center. megyn: i want to talk to you about that, dan. so much growing criticism of the president from the left. i don't think monica is going to come on here and sing president obama's praises. i do wonder when we see these other people, dan a milbank. larger forces are bringing down the count throw and his presidency, and on and on it goes. i mean, i can find five more e am pels just in the articles in front of me. >> it's a spectacular example of political incompetent and alienating everyone in washington in particular. megyn: he alienated the left and he didn't tow the hard line on the left principles.

if he had done that nothing would have got even done. he must see that. >> i think the common critique is an issue of strength. the president has not been strong. the republican hr-s have their view and perspective of why he hasn't been strong and the left will have its view but both sides i think are very dissatisfied with him standing up for convictions, leading the country to a different place on the economy. but again at the end it comes back to the results, that's why i think both sides are upset is that the republicans feel his policies have been bad and the democrats believe he has not fought the republicans enough to get better policies. megyn: do the republicans admit he did compromise on certain things, that's why we've got even certain deals. or, is it you compromised and now you're a bad leader. >> forget about the washington leadership for a second. there is a widely held perception among the american public that this is not a strong resolute leader that he is in fact weak. there was a time when time

magazine called it the incredible shrinking presidency that bill clinton was tinkering around the edges and talking about school uniforms. megyn: he made people feel like he felt their pain. >> he came back, he was able to get it together, work with the republicans, do compromise on welfare reform and a wheel range of issues that brought the economy back and sort of reinforced the perception that he was a strong leader. we have not seen that yet from barack obama. frankly i'm not sure he has it in it. >> the big difference between barack obama and bill clinton is president clinton had to compromise but i you drew a distinction with republicans. he managed the balancing act, still beating the heck out of the anticipates when they thought they were wrong. barack obama has accommodated probably too much in the view of many democrats but he's also failed to draw lines of distinction to kind of say, what does he believe and what is he willing to fight for. megyn: that's the question a lot of asking in particular on the left. panel thank you. they say a picture is worth a

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that the taliban killers who downed a u.s. helicopter in afghanistan are now dead, killed by u.s. forces. 30 american service members were killed in the crash, 22 of them navy seals. some you're seeing on your screen right now, and there are new details on the investigation of what brought that helicopter down. connor pow epl iconor powell is streaming live to us from kabul. >> reporter: the top u.s. commander in afghanistan told reporters today that the

insurgent responsible for bringing down that chinook helicopter over the weekend was killed. general allen says he was killed by f16 fighter pilots in an air strike not too far from where the helicopter was shot down. general allen did say that the initial reports, from what they think right now that the helicopter was shot down by a taliban rpg. he says there were small arms fire in the area that may have contributed to the crash. it's all part of the investigation right now. one important point that general allen talked about right now is that the individual who was the primary focus of that raid, that night raid where the helicopter crashed on saturday morning was not the man killed, it was another individual. general allen says that individual has gone missing, he got away from the firefight after the helicopter crashed. general allen would not say his name or why he was wanted, presumably he's obviously a leader of the taliban in that area. they say they are continuing to try to track him down and try to

find him. obviously a devastating loss for the u.s. military, losing 30 americans and eight afghans this weekend. megyn: the mission to kill osama bin laud din it was something like out of a blockbuster movie. this could be coming to a big screen like you. see how that fact and the release date for the movie are suddenly becoming a huge political controversy. and in ten minutes meet the man who saw the london rioters burning homes and looting buildings and tried to do something about it, and it's all on tape. plus, nobody puts baby in a corner, and nobody better remake dirty dancing either. fans are outraged over plans to remake the hit movie. we'll show you what baby herself is now saying. [ barks ]

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megyn: fox news alert, police now say that the three fugitive siblings from florida are under arrest but not after one last gunfight. alicia acuna has more live in denver. >> reporter: hi, megyn. yeah, it was a pretty dramatic end to this more than weeklong case. we talked to the pueblo county sheriff's department, and they are confirming at about 8:00 mountain time this morning a sheriff's deputy saw that car, that white subaru impress saw,

and he called for a lot of backup, and the colorado state patrol got involved and then the three people were seen leaving a gas station that had a subway sandwich stand. for about 20 miles the police officers and the colorado state patrol chased these three siblings. and according to the sheriff's department of pueblo county, they started, the suspects started shooting at law enforcement, and after a while eventually rolled over and crashed. and it was at that point, we've been told, that one of the suspects managed to get out of the car and try to take off on foot. cops tracked him down and arrested him. the other two who were inside the car, including the sister here, were or being treated for medical injuries, nonlife threatening. once they are cleared medically, they're going to be checked into the pueblo county sheriff's department, and it sounds like all of this has come to an end. back to you. megyn: alicia, thank you.

well, despite earlier promises that he would not try to tear opponents down personally, a new report says that president obama's team is preparing to launch an all-out personal assault to, quote, destroy gop front runner mitt romney. a senior adviser to president obama has already been quoted as saying there's a weirdness factor with romney, and it remains to be seen how he wears with the public. and from the president's chief strategist, david axlerod, speaking about romney: he was very, very good at making a profit for himself and his partners but not nearly as good at saving jobs for communities. well, is that a personal attack, or is that fair game? in any event, team romney now firing back with this. >> because only a more civil and honest public discourse can help us face up to the challenges of our nation. ♪

megyn: so will that backfire on the president? joining me now, syndicated radio hosts leslie marshall and lars larson. panel, welcome. good to see you again. >> welcome back. >> good to see you, we missed you. megyn: thank you very much. this is an interesting back and forth to me because the president did come out, and this is 2007, and said, quote, i do not want to see research that is involve inside trying to tear people down personally. if i find out somebody is doing that, they will be fired. and then goes on you hoard in, you know, that -- you heard many that ad, now we get this political report saying his plan is to destroy romney with a ferocious personal assault on romney's character. so, leslie, what do you make of it? >> well, i think like you had alluded to, megyn, this is more fair game. i'm not sure how personal it is. but, you know, those on the right, love you large, but you guys are all into the character. character's a big word in your

circles, and i think it's essential the american people know left and right what is the character of a man who is pro-choice for years when he's running for governor in the blue state of massachusetts and wakes up pro-life -- [inaudible conversations] megyn: i think lars is going to anytime that's fair -- admit that's fair game. that axle rod thing tying him to big business, they're going to do that. but the thing about weirdness, he's weird, and they're already floating out a couple of balloons on how they think he's weird, leslie. that's personal -- closer to a personal attack. >> that i agree. i don't know that he's weird. what scares me is mit has just shown a study that people who are not as informed as voters do vote on looks, and he's a handsome guy, so i think they should be -- megyn: be where were they during the nixon years? >> although i don't think that, quite frankly, mud slinging is great. it's effective. megyn: that's the thing.

that's the thing, lars -- [inaudible conversations] megyn: they started this weirdness debate, lars, and i said, well, what do they think is so weird about mitt romney? they revealed this story that came out when he ran for president last time, that he strapped his dog to the roof of his car in a kennel, and he claims the dog loves it up there. peta came out and criticized -- i mean, you start to hear those stories, and you think, well, maybe they have a point. >> come on. i'm around a lot of folks who have their dogs work in the back of pickup trucks which isn't demonstrably different. leslie knows that weird is a code for mormon. megyn: aha. >> you know they're going to go after this, they just can't say mormon out loud. you know what this is, leslie, ask your doctor husband. ad hominem means when you don't have a good argument and you've destroyed the economy, attack the man because you can attack the man personally, and then you never really have to answer the question of where did the two

million jobs go, why is the stock market in the tank today, why is gold at 17 plus? megyn: is it the same thing, leslie, because he says it's code, weird is code for mormon, and some have said in the same way obama went after mccain as calling him erratic which was code for old. >> well, you know, lars, i think it's great that you know -- so eloquently -- all of the game here. and be i think that's because you do it so well. and, by the way, i don't need hubby to help men with the last -- help me with the latin, lars. if you can't beat 'em, you have to join 'em. by the way, speaking of mormon laws, i think mitt romney's going to tell people he thinks more like a christian. megyn: but listen -- >> that's what i'm waiting for. megyn: does barack obama pay a price by doing something he said he wouldn't do and sort of sinking down to a level that he ran against, leslie? >> oh, i haven't seen him do it.

i think that -- megyn: well, the political report -- [inaudible conversations] in fairness, it cites a, quote, prominent democratic strategist align with the the white house. [inaudible conversations] >> doesn't mean he'll use it. and what dirt you get, how do you use it? >> bologna. >> i haven't seen an ad that americanly attacks -- personally attacks the individual character of mitt romney. [inaudible conversations] >> megyn, you know how this is going to work. when lawyers stand up in court and state things in front of the jury that they're not supposed to say, the president will have people carry water for him. they will float all this stuff out there. he'll be able to keep his hands squeaky clean. fine. let's look at the core reason for why he's doing it. the president and his allies are going to do this because they don't have a record to run on. they don't have arguments to run on, they don't have success to run on. so the answer is then attack my opponent into attack him personally because america these days, like it or not, is focused

on the personal, the sensational, the crazy. but i think a lot of americans are going to show the white house differently. they care about jobs, they care about the economy. they care about getting things done. and barack obama ain't getting things down. megyn: and not the manner in which mitt romney transported hi dog from -- his dog from a to b. all right, thank you so much. oh, we cut him off, but i'm sure it was something nice. thank you. [laughter] the fox news channel, washington examiner and iowa gop presidential debate is coming up tomorrow night, 9 p.m. eastern time right here on fnc. well, you've seen his face on fox news before, but we will see a lot more, perhaps, of ambassador john bolton. we'll ask him if he is close to announcing a run for the white house. plus, meet the man who saw the london rioters looting homes and burning buildings and tried to do something about it.

it's all on tape, and he's here live. and a movie classic getting a hollywood makeover. why? why? would you remake the godfather? and why should you remake "dirty dancing"? stay tuned. ♪ ♪

it's true. you never forgetyour fi.

megyn: never has there been so much outrage over dancing. ♪ i had the time of my life, and i owe it all to you. [cheers and applause] megyn: ah, what woman did not fall in love with patrick swaiz si in that movie? i mean, can you tell me? is there one alive who did not fall in love with that man as they watched that film?

in any event, news of a remake is causing a stir online. fans loyal to the classic are so angry that they had to tweet about it. kristin, for example, writes dirty dancing remake? really, hollywood? there is no way to top swayze, end of story. uncreativehollywood. linda fires back with this, of course they have announced a remake. die in a fire, movie industry. several hot names up for the role to fill baby's shoes including emma stone, emma roberts, leah mitchell? who's that? lea michelle? forgive me. no idea. justin timberlake, chris hence worth. again, i am so old. glee, okay. and derek hough. [laughter] i'm so old. [laughter] there was a time where i'd know these people. i have no clue. if they're not on the dvr of friday night lights, i don't

know them. anyway, they may play patrick's role. the movie's original choreographer has been tapped to do the film. jennifer grey says she is excited about this. i don't support this either, what do you think? kelly@foxnews.com. fox news alert, disturbing video -- i should say more of it -- pouring in from london. imagine being stuck in the middle of all this cay quos. some of the fires, the looting, you're right in the center of it. it happened to one journalist. standing side by side with rioters, mark stone did not hold back. >> reporter: kids have been in and out of this store taking whatever they want really. some of the stuff they haven't even been able to take. there's a flat-screen television you can see lying broken on the floor, and these are a couple of people who appear to have been at it. >> are you a journalist? >> no, i live here. i'm just astounded at what you're doing. >> well, we're getting our taxes

back. >> what do you mean by that? >> we pay taxes. >> so by stealing things, you're getting your taxes back? are you proud of this? are you proud of what you're doing? >> [inaudible] >> okay. she, apparently, says she's getting her taxes back. you can see more people here coming out of the shop taking stuff. are you proud of what you're doing? stealing stuff? what's that about? >> [inaudible] >> okay. megyn: that interview now making wave withs. mark stone is a reporter for our sister station, sky news. he joins me live now. mark, thank you so much for being here. what made you confront her, and were you satisfied with the response you got? >> reporter: well, it was a strange response, really, wasn't it? i didn't really understand what she was saying. why did i confront her? i was astonished. i'm from that neighborhood of south london, there was a large train station there. it's a lovely community, and i've lived there for ten years. i was at home, and i got, i got

a tweet, in fact, from a contact saying there was some trouble in the junction. i didn't believe it. there's a lot of rumor on twitter, so i thought i'd go down there just to disprove the rumor. i cycled down, i wasn't at work at the time, and came into it off a back street and found myself in front of it. so i had two hats on, my journalistic hat, but also my very angry, upset resident hat on. instinctively, i wanted to make sure this footage, what i was witnessing, was recorded. i just came out, i just had to ask this girl, what are you doing? i chose her because she was a girl, she was very young. i didn't feel personally particularly threatened by her in particular. megyn: yeah. because there has been violence. >> nonetheless -- megyn: three men were hit by a car and died, and they had been patrolling their neighborhood at least according to some locals. they had been patrolling their neighborhood to keep it safe, so you, you know, have to be

careful when you go out there and confront these folks. what do you make of it knowing the neighborhood and seeing what you saw, what is the point? >> reporter: you know, i just don't know. i wish i did know. it's been a very, very strange 48 hours, more than 48 hours now. i mean, it all started, didn't it, on saturday in if another area of london after a man was shot dead by the police. that, there was a protest which turned into a riot. now that, i think, was directly connected with the shooting of this man by the police. but it's become a separate story now. what i was witnessing in south london about 10 miles away from the shooting in north london four days earlier, in my view they were just kids out to get something for free. in fact, many of them admitted as much to me. they saw that they would be able to move in a group, and when you're in a group, you can do something perhaps you can't do on your own. they thought, look, i can get a free ipad, a free telly if i

head down to these slobs, and that's exactly -- shops, and that's exactly what they did. it was really disturbing, but it's happening, and it's extraordinary. megyn: it's really disheartening to see that side of human nature, but not your side, mark stone. thank you so much for being here, we appreciate it. well, the mission to kill usama bin laden was like something out of a hollywood blockbuster. it could be coming to a screen neither you. and breaking news just ahead on how this is turning into a huge political controversy. and new nasa experts saying alien life may be here on earth. look in the mirror. why scientists say humans may be the real extraterrestrials, next. ♪ [ male announcer ] this is coach parker...

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megyn: an up-close look at a glacier gets way too personal in the gulf of alaska for a boat full of tourists. watch this. >> ah! >> holy crap! [bleep] >> danger, danger, danger! holy crap! megyn: yeah. that huge chunk of ice crashing into the water just a few yards away there their boat nearly sending tourists plunging into the icy water. one tourist was thrown to the deck. it's all fun and games until you

get stabbed by a big chunk of ice. >> danger, danger, danger. megyn: yeah. human life born in outer space? brand new nasa research on meteorites raising a serious question: are we the aliens? trace gallagher knows. he's live in our west coast newsroom. [laughter] >> reporter: hey, megyn, these analysts have been analyzing these meteorites for 50 years and many times they have found two of the key ingredients for life. but now, drum roll, please, they have found dna which is the third and key ingredient to life. think of it this way, right? you put flour and water together, you've got paste. you throw some yeast in there, you've got dough. the dna is the yeast that makes it all work. life on this planet may have landed from outer space. the question the scientists have been grappling with was did this dna seep in if from another

source, so they checked the soil and the ice around these meteorites, no such dna. so they do believe it was an original to these meteorites and comets and space rocks that they studied. the bottom line here, megyn, is that we are all aliens from another planet. i was going to say that in my best orson welles voice was but all i could of was him saying we won't sell good wine before its time. we don't know which planet because they were just kind of flying around in space, not really planet original, just kind of zooming around in space before they crashed down on earth. wls of years ago. -- billions of years ago. megyn: this explains a lot, a lot of the stories we do right here on this broadcast. trace, cawng. >> reporter: you bet. megyn: well, the big gop presidential debate, eight candidates set to mix it up, and be it happens right here on fox news channel tomorrow night. set your tivos, folks.

do people still have tivo? here in new york city it's like you can't get tivo. anyway, there could be more candidates joining the race soon. and a new test allows parents to find out the sex of their baby just seven weeks in utero. is that a good idea? plus, one man takes his beef with his, quote, psycho ex-wife online. now a judge has ordered him to stop. really? you can't complain about your ex now? is that what the word is coming to? kelly's court is on the case. ♪

megyn: fox news alert, gauging the impact of america's credit rating downgrade on voters in a pivotal swing state. brand new hour here of "america

live," welcome, everyone. i'm megyn kelly. all eyes on iowa ght now, folks, ahead of tomorrow's fox news debate. while the s&p downgrade ripples across the republican presidential field. now the economic crisis will likely be the centerpiece of the political faceoff that all will be watch anything the home of the first contest of the 2012 presidential election. chris stirewalt is our fox news digital politics editor. he is live in ames, iowa, and the reverberation from friday night's event, the drown grade of -- downgrade of our credit status, is definitely being felt in iowa, chris. >> reporter: oh, yeah. you can tell, megyn, because when you go around and you talk to folks, regular americans don't trouble themselves too often with the machinations of washington and who says this and who says that. but this credit downgrade and the crash in the stock market that we've seen as we've seen all this bad economic news and the gridlock in washington, there's a note of real concern when you talk to real working

americans. there's an understanding now that the situation is broken, and things aren't working for them. and can as you pointed out, that adds a very somber and serious note to what we're going to be undertaking here tomorrow night in the debate. megyn: is it a somber note or a note of excitement and promise for the republicans? because "the washington post" has a piece today entitled "republicans smell blood in the presidential race," and it talks about how in the downgrading of the american credit standard, the number of difficult economic blows the president has suffered and so on the republicans who just a month or so ago were said to be feeling dejected about the chances of unseating this president are now thinking that they actually have a really good chance. >> reporter: well, if you remember, the last time we had a debate it was in south carolina. it was right after the killing of usama bin laden. the conventional political wisdom was that barack obama was unbeatable, the guy was a shoo-in for re-election. now as you point out the republicans understand that this guy is beatable, that people in

iowa and other swing states do not think that he has the leadership qualities necessary to get the country out of this pickle, and be they do -- whether it's blood in the water or optimism or whatever -- they sense now that the door is swinging wider. and for people like mitt romney, tim pawlenty, texas governor rick perry who's about to get in the race, they now see this as they have a chance to really win. megyn: all right. so if that's what they're believing out there, what does that mean for front runner mitt romney, chris? he's a little bit more moderate according to most, not so much to the right as rick perry, for example, so does that place him in a better position or worse position if people are really down on president obama? >> reporter: that's a good question because the truth about mitt romney is the harder obama looks to beat, the better it is for mitt romney because the more likely republicans will be to compromise and say i don't agree with him 100% of the time, but

he's more moderate, maybe he'll attract independent voters. conversely, with the president scraping the 30s in the poll os, really at a point of extremists for his presidency, sort of this worst chapter yet, republicans say, well, why should i compromise? if i like michele bachmann, why shouldn't i vote for michele bachmann? anybody's going to beat this guy. so this new confidence makes it harder for moderate republicans to make the electability argument. megyn: that's just one of the dynamics we're going to see at play tomorrow night. chris stirewalt, everybody. and you may have heard a time or ten right here on this broadcast that tomorrow night is the big republican debate. it is live from iowa. it will be hosted by my friend and colleague, bret baier, and it's co-sponsored by the washington examiner and by the iowa republican party. it all kicks off 9 p.m. eastern time on fox, of course, we'll be covering it leading up to the start of the actual debate as

well. and log on to foxnews.com, your home base for politics, and you can see candidate profiles and videos from the previous debate in south carolina. not only that, if you go to foxnews.com/"america live," you can see pictures of my new baby, yeardley. [laughter] not really relevant to the story. fox news alert, the clock is ticking on arizona's immigration law. governor jan brewer has just hours to file an appeal and take the case to the highest court in the land. you'll remember that that law, of course, ignited a nationwide debate over illegal immigration and what can and should be done to tamp it down. now governor brewer is facing a deadline to ask the u.s. supreme court to overturn a lower court ruling that blocks key parts of the law. she wants the supreme court to hear arizona's case. trace gallagher has new word from the governor's office on whether they will take that step and when and what's happening. trace, what do we know? >> reporter: in fact, megyn, we just heard from the governor's office a few minutes ago, and first they said they

would likely file that case with the supreme court in the next few hours, and then we pressed them on what they meant by likely, and they sent another comment saying they will file an appeal with the supreme court sometime in the next two or three hours. now, when the governor does file that appeal, she will issue a press statement. it was exactly three months ago the ninth circuit court sided with a federal judge who blocked key parts of s.b. 1070 including giving police officers the authority to check the immigration status of anybody they stopped and then to arrest that person if they suspected they were illegal. now, you know the drill from there, megyn. once the supreme court gets this, the appeal filing will probably take six weeks, and then we'll get a decision on exactly if they will hear this case, and beyond that it could be another six months before the case is actually heard. and a lot of states around the country are now watching this to find out what the supreme court does. remember, alabama's tough immigration law is also being

challenged. other states are lining up to pass their own versions of s.b. 1070. so this is a very big decision in a lot of states around the country. megyn: sure is. trace, thank you. we are seeing sweeping new legislation across the country in response to growing concerns about illegal immigration. nearly 1600 immigration-related bills and resolutions have been introduced in 50 states. just the first half of this year alone that happened. that's an increase of 16 president from the same -- 16% from the same period last year. law enforcement, identification and employment remain the top issues in those immigration bills. well, new developments in an intense showdown pitting states' right against federal law. kansas has just returned $31 million of government money, your money, that was supposed to help the state implement the president's health care overhaul law. republican governor sam brownback says he doesn't want the money, and the obama

administration is not happy about it. lieutenant governor jeff collier of kansas is a republican, and he is my guest now. lieutenant governor, thank you so much for being here. so you turned back $31 million, and a half, back to the feds. you were supposed to use that to implement the health care law. why'd you do it? >> well, if anybody looked at you and said here is a free baby elephant, and by the way, we might even give you three months of free food, would you take that present? we looked at this, we have looked at it very carefully over the last six months and there were just so many strings attached that it wasn't going to result in more affordable health care for kansas, so we thought the best thing to do was return the money. megyn: okay. but the way the law works is if states refuse the money, then health and human services is steps in the, and they decide how it's going to be used. h health care s build -- hhs builds one of these health insurance exchanges itself, so

you're not avoiding having the exchange, you're just handing it over to kathleen sebelius, right? >> actually, no, that's not the decision. what the funding was for was to set up an exchange early. our legislature hasn't even had an opportunity to vote on whether or not they want to have a state-run exchange or federally-run exchange. so we've got to let that process go. this is purely returning the money. it is not making a decision on whether or not the federal government's going to run our health care -- certainly not. megyn: why give it back? you say they're forcing you to take it, and they claim they're going to give you a few meals, but but what does that mean? you believe this is going to end up costing you money? >> oh, absolutely. if you look forward in the federal government, we are looking at another $1.5 trillion that's going to need to be cut from the federal budget, and we could be set up with a situation like we have right now. kansas was was forced to expand its medicaid rolls, and we're

spending $400 million than we were just two years ago, and they're mandating that we continue that. if we continue and accept this additional money and try to set up an exchange earlier than the rest of the united states, we could have these mandates come down on us, and we'd still be stuck with this baby elephant. megyn: i take this is, essentially at its heart, an effort to undermine the health care law. it's not something you support or want to see implemented in your state. >> no, we don't agree with the obama legislation. but what we want to do is we want to have a kansas resolution to the problem. we want, we have affordable health insurance, we want to make sure it becomes more affordable. we want to make sure that we have fewer people that are not covered by insurance, and we're already doing a very good job at that. there are kansas solutions to this. it doesn't have to be one federal solution. megyn: all right. lieutenant governor jeff colyer, thank you so much for being here. >> it's good seeing you. megyn: breaking news on one of the most daring missions on

modern military history. the raid that killed usama bin laden now set to become a hollywood blockbuster, but the release date of this movie and access that's being provided to classified information has one prominent lawmaker literally making a federal case out of it. and he says he has a first amendment right to smear his ex-wife on the worldwide web if he wants to. he wants other disgruntled husband to be able to vent as well. a judge, however, disagrees. the psycho ex-wife.com in kelly's court. plus, he spent about 20 minutes underwater with no oxygen. today a glimmer of hope for a young boy who nearly drowned in the pacific. >> in all honesty, they never expected him to live, they expected him to be a vegetable, never walk -- >> never talk. >> -- never talk, never say a word. have i got a surprise for you! [ barks ] yeah, it's new beneful healthy fiesta.

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megyn: fox news alert, new details on the takedown of three fugitive siblings on the run for cays. -- days. they did not go quietly. we just got these pictures in from the capture, hold on, these are the mug shots from earlier arrests. the doherty gang was arrested in colorado. now fox news confirming that police and the suspects exchanged gunfire. not ready yet, i'm hearing in my ears. you've got to really want it. maybe another 45 minutes, i don't know. in any event, two of the suspects were injured, including the sister. people predicted they wouldn't go quietly, and they didn't. the florida suspects accused of attempted murder of a police officer. new questions about the obama administration's decision to cooperate with a hollywood film maker on the classified raid to take out usama bin laden. fox news confirming that the

movie's oscar winning director, katherine big low, will get top level access to information about that mission, and she will get that access from the defense department. reports say the release date of the movie will be just ahead of the 2012 elections. it's expected to come out in october, one month before the elections, but the project is not getting a thumbs up from everyone. in fact, one influential lawmaker is calling for a federal investigation into the cooperation of the administration on the film. jennifer griffin picks up the story from the pentagon. >> reporter: hi, megyn. well, the pentagon does confirm it will be providing research help for the script by katherine big elope and her screen writer as they write about seal team 6 and the bin laden raid. maureen dowd wrote in her sunday column that the film is set to be released in the october of 2012, just before the presidential election. quote, the movie makers are getting to top-level access --

>> reporter: homeland security committee chairman congressman pete king of new york is demanding answers in two letters to the pentagon and cia inspectors general. quote: >> reporter: according to the pentagon, the script is in the development stage, and the department of defense is cooperating. white house press secretary jay carney pushed back on the idea that any help that the white house is providing bigelow's team is classified. >> we do not discuss classified information, and i would hope as we face a continued threat from terrorism, the house committee from homeland security would have more important topics to

discuss than a movie. >> reporter: in a twist, fox news has learned that the last time the pentagon collaborated with the director on her previous film, "hurt locker," their advisers had to pull out at the last minute because of changes to the script that were made at the last minute, breaking an artistic agreement between the pentagon and bigelow. one example, i'm told, she shot scenes in a palestinian refugee camp in jordan taking a u.s. american humvee vehicle with an american flag on it into that refugee camp in order to shoot angry crowd scenes. also she depicted american service members abusing detainees. that was not in the original script, so it's not clear at this point in time why the pentagon, white house and cia are cooperating with bigelow when the pentagon, at least, had a bad experience the last time around. megyn: wow. there's that, and there's the release date controversy which i

guess maureen dowd knows more than a lot of folks on that because that hasn't been widely reported. but, jennifer, thank you. i appreciate it. a controversial medical breakthrough. a simple blood test can now tell would-be parents the sex of their baby just seven weeks after conception. what about the ethics of that? and this american woman vanished in the same town in aruba where natalee holloway was last seen. but there is one big difference. in three minutes, the new details. plus, attention passengers, this is not your typical turbulence. the scare in the air that put some people in the hospital when they got back on the ground. >> pretty scary. i mean, at the beginning it was a little shaky, but then it kind of bounced up and down, and you saw people's heads hitting the ceiling. it was scary.

megyn: all right. take a look at this video. cops and cowboys teaming up in washington state for a modern day police chase that looks like something straight out of the wild west. look at that! your eyes are not playing tricks on you. it's a massive bull charging through the streets of auburn, dipping into the woods and then darting through traffic, and you won't believe how they caught it. this is a cattle wrangler sitting on the roof of a police cruiser. look at. and using a lasso. it took two of them to get the job done but very impressive work. whoa. eventually, the massive bull was caught, no one was injured including, we hear, the bull. good for them. ♪ megyn: well, a simple blood test that can determine the sex of a baby just sec weeks into a -- seven week into a pregnant is raising ethical questions about gender or selection and

abortion. dr. mark segal is a member of the fox news medical a-team. what exactly is this? >> it's actually a blood test. the study was out in the journal of american medical association this week. they looked at 6,000 women, and it's a genetic marker. you can actually look at the simple blood of a pregnant woman and know probably about seven week on what the sex is. it picks up the y chromosome, the genes of the y chromosome. now, from are a medical point of view it has advantages because there are many, many diseases i would look for that are sex linked like hemophilia, like -- megyn: so if i had that running in my family, you'd want to maybe know. >> well it's much more likely for a male to get that. you women have two, xs. mg meg it's not that, oh, the mother aborts that pregnancy. it's that you would do further testing to see if child has those things. >> because you know me, i always

want to know the information and then decide what to do with it. the problem is i wanted to know the information, but when the parents get ahold of the information, what do they do about it? in china there's a huge problem, and there's 32 million more boys under the age of 20 than girls because parents are saying you're going to restrict me to one child, i want it to be a boy. so there's really a gender discrimination going on, and i'm really worried about that happening here. megyn: but you can already find out the sex of your child as early as 13 weeks, so this is only a few weeks, you know, before that. so why so controversial? >> well, i kind of disagree with that. i think much more likely you're going to see abuses happen at seven weeks. megyn: 12, 13 weeks, that's the three month mark. >> there you go. you're past the point where you can do -- i mean, even if you're pro-choice, by the way, what's the point of having a pregnancy and then arbitrarily based on

sex getting rid of it? megyn: well, that's the thing, and a lot of the viewers are saying, obviously, i would never, they would never, but there are some people we have to worry about who would abort a pregnancy based solely on the fact that they're having a boy, and they wanted a girl or vice versa. and the question is, are there ethical concerns within the medical community about trying to prevent that? >> i think there are. and i'm most comfortable when my be patient want me to know, but they don't necessarily want to know until maybe towards the end. in india there's a rampant problem with this going on. i mean, it's a terrible thing. it can work in reverse. somebody could say i already have two boys, and until i get that girl, i'm going to keep aborting fetuses. this could be a nightmare. megyn: or how accurate is it? because let's say you've got some parent who's going to abort the pregnancy because they want a boy, and they're told they have a girl, and you know what? they're wrong. >> it's about 90-95% accurate about seven weeks to ten weeks.

when it gets to 20 weeks, it gets to 99% accurate. to emphasize, i don't think parents have the right to do this. my strong personal beliefs is you don't get the choose the gender of your child -- megyn: where does this go? because, you know, eventually we're already at the point, aren't we, where they can take an embryo and tell you whether it's got blond hair and blue eyes, isn't that already out there? where does this take us? is how much information should be available to parents about their unforeign babies? >> at a time when we're talking about obamacare with more and more tent calls and last week we're talking about mandating birth control for women, i mean, what's the government going to do with this information? are they going to say too many boys now, let's give a stipend for more girls? megyn: well, that's a little out there, dr. see gale. >> i don't know. the main thing is i don't think this information will be used properly. megyn: is it something that's

available in this country? >> actually, that's a great question. the studies were based on kits that are already available to, yes. if they make this commonly used, it will be available -- megyn: but i thought there was just one company that was producing it, and it was getting sued by all sorts of people because the results weren't accurate. has the technology advanced? >> it's advanced to the point where several companies are making it. i have plenty of tests i can do, but then i have the results -- megyn: you don't tell? i mean, tell me the parents that want to know the sex of their baby, you're like, you'll have to wait? >> i'm not that sadistic, but i usually say wouldn't you rather wait a while? wouldn't you like to have either one? megyn: does that work? >> many parents are happy with whatever they get. megyn: i think most are in the end, but still the curiosity -- . >> if they ask me, i tell them. megyn: my philosophy was -- i did find out -- and my philosophy was i don't need to

be surprised on the day of delivery, that day was big enough! i wanted my surprise early so i could plan around it. >> that i buy. you have a healthy attitude. you have what's called a blessing, one of each. megyn: amen. >> that's beautiful. but we don't want people knowing so early that they make a bad decision, and the idea that a beautiful child has come into this world and somebody's going to decide to end that because it's the wrong sex for them? no way. megyn: thank you, sir. always a pleasure. a new gop contender may be entering the race for the white house. former u.s. ambassador to the united nations john bolton on why he is now seriously considering getting into this race. he joins us live next. and a man launches a web site, my psycho ex-wife.com, no love lost there. but a judge says, shut it down, sir. whatever happened to free speech? kelly's court is back in session. plus, a security scare at one of our nation's airport.

why would three people try to sneak fake bombs past security? was it a test run? breaking details in a few minutes. >> obviously, we have the ten-year anniversary of 9/11 approaching us, and certainly we're heightened to these types of scenarios. 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. whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪

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you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: fox news alert, a district judge in nevada just slammed the left-wing community organization group acorn with

the maximum fine possible for violating nevada election laws during the 2008 presidential election. the court slamming acorn and it history of voter registration fraud allegations across the country and imposing a $5,000 penalty which was the maximum allowed by law. acorn pleaded guilty to one felony charge of paying people to register voters. district judge donald mosley saying, quote, this is making a mockery of our election process, this is the type of thing you see in some banana republic, not the united states. another alert now on an airport security scare out of phoenix. three people are now under arrest for trying to sneak fake bombs onto an airplane. police not ruling out, not ruling out the possibility of terrorism. trace gallagher has more from our west coast newsroom. >> reporter: megyn, all three suspects in this case had acknowledged they did handle this device that looked like an explosive, so now police are trying to nail down the chain of

custody. a 51-year-old woman was traveling from phoenix to des moines, iowa, when she was arrested in sky harbor for trying to get what looked like an explosive device through security. it turned out to be sesame paste with a cell phone attached to it. she says she got the package from an acquaintance who wanted her to deliver it to someone in iowa. well, it turned out the man that gave it to her was also arrested. he admitted he gave it to the woman, but he said he got it from another man. so the third suspect was also arrested. and he admitted putting the cell phone on the sesame paste in a jailhouse interview. one of the suspects said we were just trying to get food to a friend. listen. >> in the airport illegal, and i don't know that kind of thing are illegal, and i get arrested --

>> now, all three of these suspects are from eritrea, africa. this is a country that has been under suspicion of helping islamic radicals. now, terror groups have long been known, megyn, to use cell phones to blow things up. that's why this is such a concern, and we also touched on the fact that 9/11, ten-year anniversary is coming up. these three are still being held while police investigate exactly what their motive was. they're not quite buying this whole food for a friend thing with the cell phone attached to it. megyn: wow. trace, thank you. well, serious concerns about president obama's policies are leading one well known man to now say he may get in to the 2012 presidential race. and that man is former u.s. ambassador to the united nations and fox news contributor john

bolton. ambassador, thanks so much. welcome back. >> welcome back to you. megyn: thank you very much. so what -- you have been mulling this over for a while, and now you come out with this opinion piece saying now may be the time. why? >> well, i think for two and a half years we have not as a nation paid adequate attention to national security threats around the world. i think that's largely due to president obama's lack of interest in foreign and defense policy and his feeling that we're not really threatened around the world. i just fundamentally disagree with that. the threat of terrorism, the threat of proliferation of nuclear, chemical and biological weapons, the rising power of china, the increasing belligerence of russia, all of these things threaten our interests and economic recovery. the candidates need to talk more about the fundamental relationship between a strong domestic u.s. economy and our national security. and i think without that debate the american people in november of next year are not going to be able to make a really informed choice.

megyn: well, it is true we haven't been hearing that connection drawn that much. why, what -- i mean, what has you so concerned about it? in your piece you talk about we may be facing catastrophic consequences in your view if current economic situation and the current policies continue, and you're talking about catastrophic consequence on the security, homeland security front. how so? >> right. well, if we continue to pursue the economic policies that the obama administration is pursuing, we are not going to have an economic recovery. the government, in effect, is sitting on top of the economy which is on its back. and by oppressive taxation and regulation it's making it very difficult for small business in particular to recover. without that strong domestic economy, we can't fund national defense adequately, and we can see just in the past week that the debt ceiling legislation has put in prospect really devastating cuts to the pentagon budget, perhaps an additional

600 billion over the 350 billion agreed to and the 400 billion that obama previously imposed. megyn: but that was something, president obama needed the republicans to have some skin in the game, if you will, right? i mean, he was trying to include something that would make them come to a deal on this supercommittee, otherwise they'd be facing these defense cuts. do you think he actually wants these defense cuts? >> no. i think most observers think he got better of the deal on that. the fact is dollars well spent on defense are not the equivalent of dollars spent in the labor department or the agriculture department or some other domestic agency. they're fundamentally different and go to the basic protection of the united states and its people which is the president's first responsibility. i think really national security issues are surrogates for leadership in the minds of many americans, and that's why it's so important to get this out both in the contest for the republican nomination and then, obviously, also in november of

next year. megyn: can't the other gop candidates make these arguments? why do you have to get into it? >> well, look, i'm not waiting around to find a reason to get into this. i haven't pined about running for president my entire life. i'd like to see all of the republican candidates talk about this more than because there will come an evening in september, october of next year when there'll be a nationally televised debate on national security if past practice follows. obama will be president for four years, he's a pretty good actor, he will come across as expert in national security, and if republican nominee, whoever it turns out to be, isn't ready to address these issues and show convincingly they have what it takes to be commander in the chief, obama will walk away from that debate a winner. and i think that will have devastating consequences for our national security for another four years. megyn: ambassador, we look forward to seeing you in some form or another over the coming months as you consider to make your decision. thank you so much, sir.

>> thank you. megyn: all the best. first he divorced his wife, and then he launched a web site dedicated to warning the world of the dangers of marrying someone like his ex. a judge said it crossed the line and ordered him to take it down, and now he is fighting back with the first amendment. that's next in kelly's court. plus, he nearly drowned in the pacific ocean. rescue workers plucked him from the water in the nick of time, but he had been in a coma ever since. today the parents of a young boy have something to smile ability. >> we told him, don't give up. you keep fighting, you keep breathing, keep going, come on. >> we're still praying because we don't know the end of this story yet.

megyn: kelly's court is back in session. on the docket today, the matrimonial smear campaign too harsh for cyberspace. anthony morelli didn't just divorce his not so sweetheart, he set out on a quest from

keeping his fellow man from being, quote, trapped like he was. enter the, quote, psycho ex-wife.com web site, a blog devoted to warning the world about the horrors of a bad marriage. claiming his ex had a borderline personality disorder and, quote, a drinking problem, anthony poured his heart out on the web site. well, the wife demanded that the site be taken down saying it was hurtful to their children -- not true -- and a whole host of other bad things, and a judge agreed with her. now anthony is headed to court with a copy of the first amendment trying to get that order overturned. does he have a case? let's ask our panel, former prosecutor or jonas and mercedes colin. all right, panel, welcome back. >> welcome home! megyn: great to have you. john that, you know, the ex-wife says you can vebt to your friend -- vent to your friends, but you can't get on the web and do what you're doing.

why not? >> i have to agree with her. if we let this web site stand, we're going to have cyber-bullies who grew up to be bloggers. this is not fair. granted, he might have a first amendment right to speak his piece, but when you're inside family court and you're dealing with children in child custody, you have to act in the best interests of those children and this, megyn, clearly does not do that. megyn: but there was no evidence that the children saw the web site, nor was he naming her. so to me, what was this judge thinking? >> well, we all know that he's behind it now. and, look, these things have text cls -- tentacles, and some other parent's going to figure it out, and little johnny's going to go to school and talk about it to the children. come on, what's really motivating this father? shouldn't he spend more time throwing a ball in the backyard request his kids -- megyn: he is trying to protect the world. i'm joking because what he writes about her is really vile,

but this is the united states of america, and we have the first amendment right to make our exes really upset, don't we? >> exactly right. you have freedom of speech, freedom of expression, and if you're going to constrain those rights, you better do it in a reasonable manner. this judge said, o oh, no, no, no, take down that swire blog. what the judge could have done is take down those libelous statements. megyn: but they're, it's not libelous, and it's not defamatory if it's true. right, or if it's opinion. he says, look -- this is what he writes. on the precipice of 40 and probably looks all 50 years of it. imagine, if you will, jab baa the hut with less personality. i'm going to mitt the worst stuff, because it goes on. isn't he allowed to -- how can the family court judge, mercedes, shut him down on that? he could say it to his friend, why can't he say it on the web? >> and you're exactly right. because this judge was way too overbroad.

listen, he can say all he wants. in fact, there are court rulings that say he could have said this to third parties, and it wouldn't have been an issue. but somehow the judge said the kids knew, there's no evidence that the kids actually read it. in fact, the blogs themselves are northern mouse, they don't -- anonymous, they don't mention -- megyn: right. and are we really going to get to the point many this country where you're going through a painful time and you can't talk about it? some people hate their exes. it's not right to do it in front of the kids, but some people want to, all right? so who's a judge to say you will not say anything, you will not participate in that web site, and you will not vent, sir, about your ex-wife no matter how much you dislike her? >> i think the judges in family court are constrained by that one edict. look at this web site. the web address is the psycho ex-wife. it's not, hey, i need to vent about my ex-wife -- [inaudible conversations] >> she's psycho. and that's opinion. that's protected. he can certainly say she's a psycho, all of that's protected

under the first amendment. >> that is protected. but there's a difference between venting and broadcasting venom, especially when there's even the slightest chance that your children are going to get wind of it. megyn: now his identity's been outed, so even if his children didn't read it initially, it's out there. >> they'll know about it. megyn: now, the problem for the judge here, mercedes, is that she shut the web site down. the web site is, apparently, owned by the venting dad's girlfriend, not by the venting dad. so he apartments on it -- participants on it, 200,000 people also get on -- there are a lot of angry exes out there, and they thought this was a great idea. what right did the judge have to shut the whole thing down as opposed to just saying to anthony, i think is his name, yeah, you can't do that, you've got to stop participating? >> that's the real problem, the core of the issue and, certainly, the enoer of the web site said, wait a minute, you didn't let me put in any documents to support the fact

this web site doesn't have rantings, it's also a forum for others to vent. with 66% divorce rate in america, there are plenty of -- megyn: 66 now? >> i think it's higher. megyn: holy cow! i thought it was 50. >> it's pretty high. angry spouses -- megyn: well, and the thing is, divorce is not a healthy -- i mean, it's not a happy process. so if you're going to vent about your divorce, the odds are, john that, it's not going to be all rainbows and unicorns. unfortunately, that's how it goes. >> but that's not how it should go especially when the children are involved. there are a lot of -- megyn: right, but we're beyond that now. we're beyond that now, okay? >> so we're going to concede the guy, he should control his speech the some extent, this family court judge, so that's why she has that power. but what right did she have to shut down these other exes to vent and the girlfriend?

>> she probably doesn't have the right. that probably does not extend that far. and maybe he's going to be allowed to resurrect this stupid web site at least in the part -- megyn: what else, jonna? i want to ask you this before we go. can she stop this guy from walking around and saying to his friend john, john, my wife is a psycho, and she's 50, blah, blah, blah, all this stuff? >> well, probably not. what she could do is if this guy wanted to walk around and say something that was untrue like my ex-wife is a criminal, then she could stop that -- megyn: and if he does it in front of the kids to his friends. >> another thing the young could do, megyn, is if this girlfriend is not good to be around the friend, the judge can restrain the kids from being around daddy's girlfriend, and that might be the next step in this court case. many e.g. meg we're going to see that happen in the charlie sheen situation at some point. all right, panel, thank you. one final word for our viewers, the judge can stop one parent from disparaging the other to

some extent, but there are limits to a judge's power. this web site was run by somebody else, and random people used it to vent. she has stifled that speech, too, this judge has, and their rights as well, and that is not okay. we'll be right back. [ artis brown ] america is facing some tough challenges right now. two of the most important are energy security and economic growth. north america actually has one of the largest oil reserves in the world. a large part of that is oil sands. this resource has the ability to create hundreds of thousands ojobs.

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megyn: an incredible story now about defying the odds. a 12-year-old boy called a miracle child by doctors after spending 20 minutes trapped underwater and surviving. rescuers pulled the child from the pacific ocean and flew him to the hospital, and that is when the miracle happened. his pulse returned. look at this picture. and when he regained consciousness, he even managed to speak a few words to his parents. trace gallagher has nor. trace? >> reporter: that picture is

amazing. dale was on a beach trip with his church group. he was in the water when a riptide pulled him down and started pulling him out. the rescue teams scrambled, but they couldn't find him. now you have rescue teams in the water, and look at the church group. they're on the beach, and they're praying. twenty minutes later, one of the rescue teams on a jet ski found the boy, he didn't have a pulse. they gave him cpr. they flew him to a hospital. when he got back, they finally got his pulse back started again, and then when they lowered his sedatives after several days in a coma, he opened his eyes. listen. >> so he gets up, dale, open your eyes. and -- >> it was the first response we got. >> and that was -- >> the doctor said, oh -- >> there is a miracle that's happening here. so we're just taking it as we get it. >> reporter: taking as they get it because the parents had been warned that he could still suffer some long-term damage.

still, they are faithful, and they have reason to be hopeful because they asked him to cough a couple of times, and he finally said, i don't have to. rescue teams are also amazed, megyn, that this boy, 20 minutes in the water, survived. the cold water may have been a factor in keeping his brain from getting further damage, but we'll find out. great pictures. megyn: wow. incredible. trace, thank you. what a story. well, in three minutes your e-mails on the story that has you most fired up today. ♪ because i had the time of my life, and i owe it all to you. [cheers and applause] megyn: obviously, it is the remake of "dirty dancing," next.  [ male announcer ] it's a fact:

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>>megyn: tons of e-mails on the remake of "dirty dancing," there was a chemistry that