we'll keep our fingers crossed. thanks for joining us everybody. jon: "america live" starts right now. megyn: thanks, guys. this is a fox news weather alert on the first big hurricane of the season, hurricane irene is growing in size and now we are hearing the storm could pose a serious threat to the east coast of the united states. welcome to "america live," everybody, i'm megyn kelly. hurricane irene blasting through the kaeubz islands a caribbean islands as we speak at this moment. large parts pounded with torrential rains and strong winds. warnings in effect for haiti, the bahamas and the dominican republic. they are warning folks to prepare here in the united states for a category 3 storm. irene scheduled to come onto this coast later this week. maria molina is tracking it from the weather center. >> reporter: good to see you back. we are tracking a very powerful storm system.

produced a lot of outages in puerto rico. the storm is quickly on the move westward. hurricane conditions are expected in the dominican republic later this afternoon, and as early as tomorrow in southeastern portions of the bahamas, central bahamas could see hurricane-force winds as we head into tomorrow night. the system has a lot of moisture, it's not just the wind but also the amount of precipitation that could produce flash floods over the dominican republic and even haiti we're expecting locally up to 10 inches of rain as well as a storm surge that could raise normal tide levels 4 to 6 feet above normal. the storm is being taken away further away from the east of florida. we are looking at the impact on the carolinas as we go through the weekend. the forecast track still has that uncertainty factor including the state of florida,

and also portions of georgia. there is still a lot to go here, we are tracking the storm system, currently sustained winds at 80 miles an hour. because it's expected to remain north of hispaniola and into the bahamas it will have a lot of warm water to strengthen the storm system. by early thursday morning it could be a category 3 hurricane east of the coast of florida. that will be the case over the next several days. if it were to follow this track, that line in red it would make direct impact into charleston south carolina as a category 3 hurricane with sustained winds of 115 miles per hour and stronger wind gusts. we have a hurricane watch across the central bahamas and a hurricane warning across southeastern portion of the bahamas. megyn: this image shows irene on the right churning away near puerto rico. look at that. folks here in the united states are already pre paurg for could what could be a potentially dangerous and deadly storm.

rene marsh from miami just filed this update. >> megyn we are paying close attention to what irene is doing here in south florida. we are at a home depot in miami and they've already stocked many of the isles with anything you would possibly need in the event irene does strike south florida, batteries, propane tanks, flashlights, they have an entire aisle dedicated to whatever you could possibly need. you have your generators there. lots of customers we spoke to, they are used to this. this is south florida, we are used to tropical storms, hurricanes, you name it, severe weather. many of them say they are taking the wait and see approach. they want to see if irene is truly going to hit south florida. they say before they decide to run out and stock up. of course the message we're getting out, prepare now rather than later. that is the latest from miami, megyn back to you. megyn: rene marsh from wvsn in

miami thank you. for more on irene and the projected path you can log onto foxnews.com/weather for information on irene or all of your latest forecasts. an alert coming in on what is expected to be a major development any moment now in a case that has dominated headlines around the globe. prosecutors reportedly plan to drop sexual assault charges against dominique strauss-kahn. back in may a hotel maid accused the former monetary fund chief of rape. he might walk away a free man very soon. adam shapiro is outside the district attorney's office in new york city. adam, what a turn of events. >> reporter: it is an incredible turn of events. i want to show you some video of the accusor. here she is earlier in summer. she identified herself to the press a couple of weeks ago. it was on may 14th she accused

mr. strauss-kahn of sexually attacking her, there was the indictment. the six charges seven counts including criminal sexual conduct that landed him not only in jail but also somewhat of a prisoner here in the united states, he's still not allowed to leave the country. he had to surrender his passport. they are telling reporters that prosecutors intend to drop awful the charges. they will have a meeting with the woman later this afternoon at which point her attorney has said he expects to be told all of the charges are being dropped. they are going to make a recommendation to the judge that at tomorrow morning's hearing they make it official and remove the charges, dismiss the charges. he would be free at that point once his passport is returned to leave the united states. he will have to come back. there is a civil case that has been filed by the woman's defense team in civil court in the bronx. they are seeking monetary damages. there are also civil cases against him in his home country of france. the headlines here will probably start churning out around

3:00pm. once they've had the meeting with the accusor's team they are expected to post whatever the filing is going to be on the internet. back to you, megyn. megyn: how much do we expect the prosecutor to reveal in terms of the reasons here? obviously there have been reports for months that there are real problems in the da's view with this woman's credibility. >> reporter: and it boils down to that. on june 30th we learned quite a bit from the da's office, among the facts that she lied about the incident on may 14th, and the details of the incident on her income tax forms, on how she got into the country. according to the "new york post" sources have told them from the da's office that there will be bomb shells revelations in the filing, which includes the fact and thinks out of today's "new york post" that the woman had engaged in consensual sex with someone the night before the may 14th incident and that would explain the bruising that she has on her genitals. they have not identified who that someone might have been before the may 14th incident. megyn: this case, there are

going to be a lot of lessons learned in connection with this one. adam, thank you. fast moving developments this hour on the ground in libya, and what a few days it has been. the end may be close for moammar qaddafi's 42-year rule. after six months of fierce fighting rebel forces are now within site of over taking the regime. sweeping into tripoli, gaining control of most of the capitol city. you may remember the uprisings first ignited on februar february 15th. on march 19th french and british forces launched air strikes following reports that moammar qaddafi forces were shooting their own people. since then nato has launched more than 7,000 air strikes over libya. now three of moammar qaddafi's sons are in custody but no one seems to know where moammar qaddafi himself is right now. we go live to dominic dnatali

who is streaming live to us from libya. >> reporter: it's sunset in north africa and we are hearing that the streets are quiet in tripoli. people are rather concerned that 95% of the city is now controlled by rebels there is a feel there could be a war brewing. there are remnants of loyalists of moammar qaddafi in the city holding positions, there are still tanks about and there's on going battles from street to street. many neighborhoods have fallen to the rebels all the same the loyalists seem to be entrenched and continue fighting to the very last. they have littled munitions after one of the key arsenals outside the city fell to the rebels yesterday, the weapons took advantage and that's what help them speed them into the city and over take it. nato still has air patrols in the skies. there haven't been any bombing raids today so far. there were 40 such raids

yesterday which exemployings were heard across the city. at the moment it's a very unstable situation. you've seen the pictures today of soldiers and rebels -- rebels and citizens celebrating. until moammar qaddafi surfaces and ka pit ooh later or resigns or is killed then it's really not over, megyn, back to you. megyn: all eyes are awaiting some sort of appearance or news about him, we lost dominic's stream to us. the tense situation in libya has one group in the united states watching very closely. that is the families of the lockerbie bombing victims. many would like to see the only man convicted for those bombings brought to the united states for justice. remember this? remember this guy? abdel baset al-megrahi. he's been enjoying a free life in libya since he was freed from a scottish prison three years ago. it was a controversial mercy

release based on a diagnosis that he only had a few weeks to live which turned out to be totally false. he's now supposedly going to live a long and healthy life. 270 people were killed in the 1988 bombing of pan am flight 103, including 189 americans. including dozens of college students from syracuse, university. coming up the father of one of those victims joins us live to talk about what he wants to see happen years after his daughter, diane was killed. you may have heard price of oil is dropping like a stone, but why are folks here in the united states still paying more than 4 bucks a gallon for gas in some states? lou dobbs has an answer three minutes away. two tragic accidents at two separate air shows in the united states. we'll take a look at what went terribly wrong in both. two white house insiders, one current, one former, not really they are both former. exchange heated words over

president obama, the economy and the stimulus. who proved their point, karl rove or bill burton. we'll play the tape and let you decide. >> he has yet to put pen to paper and issue a jobs plan or a deficit reduction plan in the last nine months. >> as someone who is a leader in the white house who turned a record surplus into a deficit, that got us involved into a war we never should have been in and turned the floor of the stock exchange into a casino, i don't think the american people are ready to hear a lecture ... when you need them most?

for an agent or quote, call 800-my-coverage... or visit travelers.com.

megyn: new questions today about whether consumers are being taken for a ride. crude oil prices have been dropping for weeks, but gas prices? not so much. take a look at this. crude oil futures on the new york mercantile exchange are down 38%, yet the average price of gas at the pump is failing to keep pace dropping only 9% p in the same time span. so why the disparity?

and is somebody cleaning up here? lou dobbs with the fox business network and syndicated host of lou dobbs.com joins me now. lou, the crude oil prices are down 43%, the gas prices are down only about 13%, so that's a triple disparity. what is going on? >> what is going on is typically as you know gasoline prices always lag the reductions in price per for crude oil. megyn: amazingly they don't lag in the hikes. if crude oil goes up gas goes up quickly. >> profits stay pretty strong for the major oil companies. this is so typical of what happens, with the exception that the margin, the spread right now between west texas intermediate, which is for u.s. crude oil versus brent, which is european crude oil has never been higher. and what is going on is even though the price of crude has

dropped something else has also dropped, and that is the value of the dollar, and no one is talking about this. but the fact is producers are compensating for at the same time a reduction in the dollar, the value of the dollar in international markets. what happens to the american consumer, i think it's pretty interesting here and painful at the same time, because the consumer is losing purchasing power as the dollar is being effectively devalued. megyn: the $80 it takes to fill up my tank is no longer worth $80. >> exactly which is a reduction to your personal disposal income, and budgets of folks all across the country. so they are having to pay higher prices and at the same time their dollar is being discounted by opec, other international producers because it's weak evening measurably. megyn: who is doing it? is it the oil producers, the refineries? is it the gas station? >> well, it is the so-called

downstream components, that is the distribution, the marketing of crude oil. it is upstream, which are the producers whether they are opec or whether they are one-third of our energy, our petroleum production is domestic. so it's happening across the world on every level of production that gets that crude oil from the ground into your gasoline tank. megyn: you know, it makes me think about this term that i don't really like to discuss on this show because it makes my head just go haywire, which is this quantitative easing. >> oh, boy. megyn: listen, if i know that term and i'm using that, then something is wrong with the world. even i understand that it's basically printing money and pumping the it into the system. and people like you who know what they are talking about is that that causes a problem in terms of the value of the dollar. does something like that affect something like this. >> without question. as you see more dollars printed, ejected into the financial system, the international

financial system this is what opec is reacting to. they have those dollars but they buy less and less when they go to invest those in u.s. securities, or exchange them for pounds or euros, or whatever they might be. they are effectively getting less for that barrel of crude oil. megyn: we used to feel so good when we would see the price of oil drop. we assumed that the price at the pump would drop as well. is that just not the future for us? >> oh, no, we have to see energy prices decline, megyn, because that crosses into 55% of our economy, that impact. and everyone watches and listening to your broadcast here today understands mightily the impact of that 50-cent change in the price of gasoline. megyn: if you were president dobbs would you be focused right now if you want to fix this problem, price at the pump, would you focus more on getting the economy under control or would you be focused more on drill baby drill?

>> first i would not use drill baby drill because that is sort of a governor palin thing what i would say is let's be rational, let's be responsible and let's get independent. that means exploiting and producing all of the domestic energy reserves we have. we are -- the madness that is going on right now in america. we have the greatest number of energy resources, coal, oil and gas, shale, nation natural gas, crude oil and we are not exploiting and producing it. as a result we are transferring over half a trillion dollars to the world, rather than having that money invested in our own economy, employing our own people. it is utter madness. megyn: before i let you go, a quick answer. how does libya affect the discussion we just had. >> only at the margin today on brent crude a little over a dollar a barrel. it's not a appreciable and it won't come online, should it

come online in a reasonable amount of time for at least six months. megyn: i never knew what that brent was. i understand now european. >> european. megyn: why don't they just call it that it makes so much sense. megyn sense. >> that's not the way the game is done. they've got their own little code. megyn: thanks, lou. folks you can catch lou dobbs on the fox business network every night. lou to be tonight heirs we can nights 7pm eastern time. we have breaking news on a terrifying standoff near san diego. one police officer critically wounded after a gunman opens fire while the cameras are rolling. new details from the news conference that just wrapped up right after this break. plus, we are just now learning how hundreds of thousands of medical records sat open online, online for anyone to see. one man's information about sexual dysfunction sitting on the internet for people to just

take a look at. a shocking look at how your most personal data may become at risk for very public consumption. tragedy in the air, disturbing pictures of air show disasters. investigators releasing new information on what went wrong straight ahead. >> i told him he shouldn't do it. the first, second try he -- you know they pulled away an didn't even get even close and i said it's not worth it, it's too windy. >> the plane was so low you could see his shirt actually shaking, it was just too windy. [ male announcer ] to the 5:00 a.m. scholar. the two trains and a bus rider. the "i'll sleep when it's done" academic. for 80 years, we've been inspired by you. and we've been honored to walk with you to help you get where you want to be ♪ because your moment is now. let nothing stand in your way.

learn more at keller.edu. really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. new ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg.

[ major nutrition ] new ensure hh protein. ensure! nutrition in charge!

megyn: new and disturbing images of two air show disasters this weekend. first a federal investigation is now underway into the tragic death of this wing walker. todd green died while attempting an airplane to helicopter transfer stunt in michigan.

he fell on his third try and plunged 200 feet to the ground. this incident is the first at an air show -- at this air show since 1994 when a private jet crashed. folks in the crowd describing the horrific moment that they realized what exactly was happening. >> he had his hand almost in the strap. the plane pulled away thinking he was hooked up and he wasn't. >> i thought it was a dummy, part of the show and other people thought the same thing. >> i said he shouldn't do it. the first, second try they pulled away and he didn't get even close. i said it's not worth it, it's too windy. >> you could see his shirt actually shaking, it was just too windy. megyn: he is the son of eddie the grip green. green was an accomplished aerial stuntman of over 25 years and completed this maneuver numerous times before. a stunt show plane made a fiery crash to the ground killing the

pilot in front of a horrified crowd in kansas, city, missouri. this is what was left after stunt pilot byron general son lost control of the plane while attempting aerial acrobatics. one witness describing the accident here. >> if you'd say abut irfly or something that lost its wings. there was no power coming from the plane. at about 4, 500 feet you knew he was not going to pull out of it. there was not enough torque in the engine to pull it out from whatever it was in, and he belly flopped it on the ground, and a huge explosion that you could hear for quite a ways and that was about it. you knew there was no way he was going to survive that unfortunately. it was a bad scene. megyn: jensen worked as a commercial and private pilot. alert coming in on new details from the shooting of a police officer in san diego. we are now getting word the gunman's body may have been found in the house that burned down. the video of the shooting is horrific, we warn you. two officers responding to a

call. when the suspect fired several shots hitting the officer behind that white pickup truck. the camera zooming in, you can see him holding his neck, blood flowing down his arm. this officer quickly running across the road, falling to the ground, the second officer pulling him to safety. matt johnson with our local affiliate kswb is on the scene live in san diego. matt. >> megyn what we just learned is the officer is 28 years old, a four year veteran of the police officers force. we were told moments before he was shot in the neck right here in this san diego county neighborhood that the suspect in all of this shot and killed his fourmonth-old child. now police are still collecting evidence right now. they are trying to determine if the body that was found near the front entrance of the house that was burned down where the shooting took place is that of the suspect, kevin collier. but the body is so badly

burned. police say again that he shot his 4 month-old toddler and possibly his mother-in-law. they are still unclear whose body is in the home. now, the officer that was shot was responding to a call of a man waving and shouting and shooting a gun. you can see the officer grab his neck. officers and people in the neighborhood drag him to safety. he's then taken to a nearby hospital. during the rampage collier set his house on fire, but the police and fire department could do little because they were not allowed near the home. area residents were evacuated during the standoff. they have not also been allowed back in their homes. the only thing we know right now, we still don't have a motive for all of this. is that the suspect is possibly dead, and this police officer is clinging to life in critical condition. megyn. megyn: very disturbing.

thank you so much for that report. we appreciate it. well three men walk free, they walk free after nearly two decades in jail. new evidence suggests they may be innocent, but some say otherwise. how did they get out of jail after just pleading guilty? "kelly's court" takes a look at the disturbing case of the west memphis 3. plus why some big named political hef see weights are duking it out over the president's upcoming jobs plan. watch this. >> i i appreciate the insults but they don't do anything to advance it. the fact of the matter is you talk about the financial difficulties we had in 2008. i remember your boss coming to the united state senate in 2005 and blocking the bill that attempted to reign in fannie and freddie. w

[ male announcer ] this is the network. a network of possibilities. excuse me? my grandfather was born in this village. [ automated voice speaks foreign language ] [ male announcer ] in here, everyone speaks the same language. ♪

in here, forklifts drive themselves. no, he doesn't have it. yeah, we'll look on that. megyn: megyn:

megyn: fox news alert, president obama will make a statement about the latest developments in libya, a little less than half an hour from now. that news comes at the same time that we are hearing administration officials saying there's no evidence that libyan leader mo maqaddafi has left tripoli. this is the first we will hearing from president obama today in the wake of the incredible developments in libya. we will bring that to you less than 30 minutes away, the president, speaking, to the latest developments. five years of white house battles involving two administrations boiled down to about ten minutes this weekend, and now there is

new fall out over this heat ed exchange between former white house deputy press secretary bill burton under president obama and former top aide to president george w. bush, karl rove, both appearing on fox news sunday. >> he got what he wanted, he passed the stimulus bill in 2001, he increased spending during that year as well, he got affordable care act, when the president passed the stimulus bill he said that unemployment by this time would be 6 percent, the president's approval rateing this week in gallup on economy is 26 percent. there's a reason why. his polices have utterly failed. >> are the poll numbers low, sure, but when you're a strong leader sometimes you have to make strong decisions that make people unhappy on both sides and the president now sits here and leakures us about how theyieo lectures us about how we need to take action, he has yet to put pen to paper to have a plan in the last nine months. please, don't talk to me about -- it comes from your

white house. >> as someone who is a leader in the white house that turned a record surplus into a decifit that got us involved in a war we never should have been in and turned the floor of the new york stock exchange into a casino i don't think the american people are quite ready to hear a lecture from you on good governance. >> i appreciate the insults, bill, but they don't do anything to advance the -- the fact of the matter is -- the fact of the matter is you talk about the financial difficulties we had in 2008? i remember your boss coming into the united states senate in 2005 and blocking the bill that attempted to reign in fannie and freddie while we still had time to stop the disaster from coming and your man joined in in a filibuster by every democrat, a reform bill, then turned around in october 2008 and bee lately voted for it and you want to criticize the iraq war? you've got the set it straight with your administration that voted for it. >> megyn: whoa! joining me now that weigh

in, brad blakeman, former deputy assistant to george w. bush and dick harpootlan. i should have mentioned my friend bret baier there, sitting in for chris wallace in case people were confused. what a back and forth, and it strikes me a bit brad of a preview of what we may hear on the campaign trail, no matter who the republican nominee is and president obama about who is to blame for the messy with in. >> absolutely. but the obama people are going to go to their play book and blame george bush burks the american people just don't buy it. we're seeing it in the polls, this president has been president for 2 1/2 years, there is no more george w. bush, the president himself said if i'm not able to accomplish what i promised, then i deserve to be a one-term president. mr. president, you deserve to be a one-term president. your foreign policy has been less than spectacular, and your economic policy has been an utter disaster. megyn: but you know, dick, yes, there was some blaming

bush, by bill burton, but there was also blaming the current republicans who are in the house of representatives who he says are stifling the president's job creating agenda. is he going to be able to get away with that line of argument, bill burton and democrats like him, dick, on a going forward basis, even if the president controls the white house, the senate and has quite a few democrats in the house? >> -- house? >> well, the president can't introduced bills and b, can't pass them. what we saw on the debt ceiling issue is sort of a preview of what's going to happen in the future unfortunately, that is, that the tea party republicans will not let the speaker put forth any sort of progressive agenda, any sort of moderate r* agenda. they're going to adhere to this almost religious, cult-like zealotry to not do anything about the problems in this country, it's cut, cut, cut. i heard governor rick perry on the shows this weekend, you know who the largest employer in the state of texas is, the federal

government, you know how he balanced -- balanced the budget last year? the stimulus money. we're all going to have to understand there is going to be pain but it ought to be equally shared and that's what the president is talking about, hedge fund greed heads that only pay 15 respect of their incomes in taxes as opposed to a teacher or firefighter or a policeman who pays a third, that's got to change. at the same time, we've got to cut back and this president realizes that, he's talked about it. he can't get the speaker, the republican speaker of the house to get any sort of consensus. >> wait a second, dick. megyn: brad, go ahead. >> let's get the facts straight. >> -- including plugging loopholes. megyn: brad is on. >> it's very easy to blame the tea party, that's what you guys do best but the fact of the matter is when you talk about the debt ceiling, more lap dog democrats voted against your president than tea party voted against the republican establishment so you got your facts wrong. it was the democrats who caused you guys much more problems than the tea party supporters caused our side. you have just as more of a problem if not more so with

the fringe of your party than anybody else. megyn: another issue that was teed up was yes, the tea party has been rigid, and the response seems to be well, that's because they had to be, karl rove was talking about a failed stimulus plan, a promise of 6 percent unemployment by this time, of course it's 9.1, a health care bill that was supposed to create jobs, and here we are without the jobs, shovel ready projects that turned out to be not so shovel ready in the words of the president, and so on, dick. >> i think first of all we've got to understand, and as much as karl rove and brad and the rest like to forget how we got here, this is like a doctor who botched on operation and severely cripple dollars the patient, is complaining about the rate of progress, the new doctor is curing the patient. we got here because of a disastrous eight years, now, having said that, what we need is to work together, in what -- what i'm afraid of, watching karl and folks with

the president, like this is that we're not going to have any sort of consensus or middle ground and that just means we don't develop that middle ground, whether it's on the left or on the right, i think the president, the speaker, and the president pro tem of the senate need to get together and come up with a plan. >> it would be great to get together, dick. it would be great to get together. we only have one president at a time and this president -- >> -- in the senate now -- >> megyn: guys -- >> this president doesn't have a plan, there is no plan. >> we got a plan. >> until after his vacation, he gets an epiphany, maybe at a golf course, restaurant, and then he tells the american people what his plan is? is this leadership? >> george bush -- let's vay -- less vacation days than george bush and i point out there's been continuous economic job growth every month since he became president. not as much as we need, but we're headed in the right direction. megyn: got it. we will hear from the

president. he is not on the golf course right now because he's about to make a statement. dick and brad, thank you very much, not on the economy but we're told the president, 15 minutes from now, will be weighing in on the historic events that we've been watching in libya over the past 24 hours, so we will see that here in a matter of moments. we are also about 15 minutes away from new information on the track of hurricane irene, that powerful storm is gaining strength, it is headed straight toward the united states coast, and it's tracking the forecast that's just been updated. we are learning how hundreds of thousands of medical records sat open online for anyone to see. can you imagine? all of your private doctors' records, sitting there online for anyone to just google your name and take a look at? >> a shocking look on how your most personal data may be at risk for very public consumption. and, fred flinstone did it but that was a cartoon, what happened when one michigan man tried to stop his pickup truck with only

his feet.

megyn: fox news alert, president obama will make a statement about the latest developments in libya a little less than half an hour from right now. that news comes at the same time we are hearing administration officials say there's no evidence that libyan leader moammar qaddafi has left tripoli. when the president speaks we will bring that to you. again, we are 15-20 minutes away. serious new concerns today about online health records which are soon coming to a state near you, after a massive data dump exposed thousands of personal records for the world to see. here is what we know. medical files belonging to nearly 300,000 californians sat in an unsecured website, insurance forms, social security numbers and doctor notes, all there for everyone to see. among the files were detailed summaries about, for example, one trucker's crushed fingers and one

man's sexual dysfunction. now there is concern about the fallout from this data leak, including possible inflated insurance rates or employment problems and obviously, humiliation. joining me now, fox news medical a teamer dr. marc siegl, and dan costa, editor in chief of pg mag.com. the reason people are going to care about this is because all of our records are going to be going online pursuant to federal health care law by 2014. it may be private in your doctor's office now but it won't be long. how did the breach take place, how did they get at the records? >> i wish there were a better way to describe it but they googled it. >> dan costa -- >> they provide security solution toss solve this problem but basically they searched the web, they were available on a page indexed by google and they were there for anyone to read. megyn: how are we going to prevent this from happening under the health care law,

dr. siegl? >> i talked to dan and he made a great point about the programs down the pike, like from microsoft and other programs that will supposedly protect you. my opinion, we're never going to be able to prevent this totally, for a lot of reasons. our pharmacies are already electronic, the idea in a hospital, there's something i'm appalled with with the hospitals, i can log in with the new programs and access any patient's medical records. megyn: even if it's not your patient. >> even if it's not my patient. how are they going to get rid of that, a lot of the things that was sold to us is a bill of goods. first of all, electronic medical records which is what we're talking about today, first of all, it's not been shown to save money in the short term, number two, you can introduce medical errors into the system and they become viral. you know, if i put down the wrong medication for you, the next thing you know, it's on ten different records and it occurs across the board. i think there's a big problem protecting privacy here. megyn: dan, they said this was a case of felony stupidity by somebody who forgot to put a password

requirements on the records and forgot to make it so that a search engine couldn't index the pages. is that going to be taken care of under the health care law? >> two are deaf -- definite requirements. i think they need to secure the -- secure the things that can be attacked, the files need to be encrypted and what we need to see is liability here, we need to see people held responsible, if you make your customers' private health information public then you could be liable for that. megyn: what if you don't make it public, let's say dr. siegl you have patients, you have to comply, right, because you're going to get fined and all sorts of penalties. >> by 2014. megyn: so you do it, then a hacker decides, you know, i don't know, we've got some famous patient, they want to see what the records are and they hack in. you can't have dr. siegl be liable for that and how's he supposed to prevent a hacker? that's not your business. >> hipa laws govern this. i'm concerned this could be criminal what went on in california because there's laws that prevent this from actually happening. i definitely think there's a

contradiction in terms here or a collision between this online stuff and the idea of patient privacy laws. megyn: it's one thing, dan, to have your records locked up in your doctor's office and you trust your doctor to maintain your privacy and doctors have been doing that since the beginning of time. i mean, if you could easily access the medical records of angelina jolie, some freaks would have done it so obviously it's not that easy but is it about to be? >> there's an access issue. any time you digitize something, you make it easier to share, easier to access, but there's also a lot of advantages. megyn: there are pros to that, which is why they did it. >> we talked about errors being propagated through the system. there are errors in the system now. doctors' handwriting, with dr. siegl's exception, can be tough to read and that creates errors. megyn: let me ask you this, on balance, do you have comfortable have your records online? >> i think it needs a way to go. i don't have a problem with it personally but there need to be refinements and make it more secure. >> it increases did you

polity but you can't lock it like you can lock a file cabinet. megyn: we've got three years to figure it out. thank you very much. congresswoman maxine waters says the tea party can, quote, go to hell. a tea partier who responded to that language, live, here. >> i'm not afraid of the big bad wolf. i'm not afraid of anybody. this is a tough game. you can't be intimidated. you can't be frightened. and as far as i'm concerned, the tea party can go straight to hell.

megyn: fox news alert, president obama about to make a statement on the latest development necessary libya in about, well, now we think about five minutes or so. we are hearing now that the administration officials are saying there's no evidence

that libyan leader moammar qaddafi has left tripoli, but, of course, that city has been seized and is mostly under the control now we understand of the libyan rebels. there is a question as to what this means for our troops. earlier, it was leaked that the president was saying this does not change our position, that there will be no american troops on the ground now, although some are calling for that. we will hear from the president himself directly on what this means for america and beyond. stay tuned for that. meantime, we've got an alert for you out of aruba, brand new video is coming in as investigators launch a new massive search for this missing american woman, robin gardner vanished earlier this month in aruba, search teams of police and the military now fanning out across the island in a desperate bid to find her. phil keating is streaming live from aruba. what has led to this increased search effort?

>> reporter: well, primarily the trademark blue waters that you can see behind me here in aruba, they have been thoroughly searched, the initial allegation that jerry giordano, the suspect here, made to police was that this partner on his vacation in aruba, robin gardner disappeared while snorkeling at baby beach, however, police don't buy that. she went snorkeling and got caught in a currents, because the currents were nil and all these waters would have produced a body by now, according to one of the top prosecutors on the island. so a likely spot, they believe, for somebody to dump a body, and of course, giordano is a suspect in a -- in that, would be in the southern tip of the island. we met with the search teams out there, about 50 people fanning out, each separated by 12-15 feet, it's very rugged, desolate, not much out there. if there was going to be a spot on this island to dump a body, this is what they think would be the spot, a lot of cacti, thorns, and

not too far away is the prison within which gary giordano sits. now, the police have a 2 1/2 hour window that leads them to certain areas of the island. that's because robin gardner and gary giordano were spotted three weeks ago on surveillance camera tape, outside of a bar at lodge cafe, about 4:00, at 6:30 p.m., giordano reports her missing, so there's really a limited amount of area and distance that he could go if, in fact, he did kill robin gardner and dumped her body and that's what really led to the focusing on this southern tip of the island. it's so far away from the hotels and the capitol city. but right now, the search is wrapping up, they have not found her body today, and there's no intention for a new search tomorrow. police are now going to regroup and try to figure out what they are going to do next, as they still search and hope they will

actually find the body of robin gardner, whom they do believe is a victim of murder and there's a lot of evidence that could be found on that body, and of course that would crush the alibi of giordano's. megyn: it's all speculation at this point because they don't know what happened to her. i heard an interesting theory on geraldo last night, his brother, gregg, went down to aruba, did some investigating down there and said you know, at least one thought is did this woman possibly work with giordano to take out this $1.5 million -- it wasn't so much a life insurance policy as a travel insurance policy, i guess, then go on her e-mail, because it was active for a couple of days after she disappeared, and is there any possibility she might still be alive and working with him in some way? >> >> reporter: here's the main argument against that theory, and is gary giordano has to agree under that

premise that he's going to sit in jail and hopefully be released in a couple of days. well, now he has been extended his duration in jail by the chief magistrate because the police, the prosecutors, are compileing greater and greater evidence that the story doesn't add up, and his next hearing is going to be next week on the 31st of the month, the last day of august, and prosecutors are going to likely ask the magistrate to now extend the next step in the detention process, which is a 60-day extension. so for giordano to go along with this plan, we'll split the money, you disappear, suddenly, you know, you have to really persuade somebody to sit in jail for, perhaps, two months, three months, and perhaps, an indefinite period of time until an eventual murder trial, and that would be certainly a tall glass order there for

giordano to do that. keep in mind there was a new witness that came out over the weekend saying he was on a boat, fishing, spotted that couple, says they never got into the water. megyn: we just don't know what happened at this point. but the search continues. >> yes. megyn: for a body, or for answers. phil keating, thank you. fox news alert now, we are awaiting a statement from the leader of the free world, momentarily on the rise of freedom from the ashes of a brutal dictatorship, brand new hour here of "america live", welcome, i'm megyn kelly. president obama is set to speak live, any second now, on what appears to be the fall of moammar qaddafi, libyan rebels said to control nearly all of their capitol city, and reports say a body found moments ago outside of tripoli may be one of qaddafi's sons. so far no sign of the libyan man who ruled for 40 years, but what does this mean for the united states? bret baier is the anchor of "special report", with me

now. bret, they say the president has been getting briefings on this while on vacation in martha's vineyard and has been in one of those briefings actually right now, right before he comes out and offers a first statement, trying to put this in perspective for the american people. but the stakes for this country are not insignificant. >> reporter: no, megyn. it's a big moment, not only for libya, obviously, on the ground, but for the u.s., that has been involved as you know since march as part part of this nato mission, and it continues. what the biggest question heartk is a post-gadhafi regime. we're not at that point yet. as you mentioned, gadhafi is still believed to be in tripoli, and the fighting continues although the rebels are said to control some 95% of the capital city at this hour. for the president as he did with that statement he released last night, the white house released a paper statement saying that the transitional national council needs to step up in a leadership role. this is the one that was

endorsed by the u.s. and other countries to take control after gadhafi and do so in a peaceful way. in a tribal country with tribal elements throughout this country, that will be a very difficult thing. i would imagine that the president's statement in a matter of moments will reflect his written statement last night calling for peace in transition. megyn: libya doesn't look anything like the united states. they have to form a government and fete -- get this country under control from a brutal dictator who's been running the place for four decades or better. and there's a real question about whether they know how to do that, what kind of help we should provide, and if we choose not to send, you know, real manpower over there to assist with the job, are we leaving some sort of a vacuum that could come back to haunt us? this president obama has to walk a fine balance now. >> reporter: definitely. and, you know, the nato mission will continue, but as far as u.s. boots on the ground can, the administration has been

adamant that that will not happen. that said, we saw in the aftermath of saddam hussein what happens in a transition, and sometimes it is extremely messy. in a place like libya that is closer, many people believe, to somalia at points and places than it is to, let's say, iraq, there is a question mark about how in a vacuum of such a strong leader like gadhafi in his dictatorial ways for 42 years, how that happens peacefully. and i think that's, basically, what you're going to hear from the president. he may have some more info from that national security council conference call that he's on currently from his trip in martha's vineyard. megyn: how significant is this politically, bret? you know, when usama bin laden was captured and killed, the president's approval rating shot way up, and many people for the weeks after that considered him unbeatable in connection with

his re-election bid. this is, i mean, you tell me, but this is another victory for the president in terms of a plan that was much maligned and criticized by his opponents and yet seems to have worked out in the way the president wanted. >> reporter: yeah. two caveats. one is it's not over yet. they don't have gadhafi, and it's not fully established that -- but it seems like it's heading that way. and they've said his days are numbered, and now they are likely single digits. two is that there's still criticism about how it's developed, and there are questions about the post-gadhafi regime and how that will work out. so if you, if supporters give the president full props, if you will, for how this has turned out, the question is whether the administration will then own the post-gadhafi regime and how that turns out. there clearly, this is a good development no matter how you look at it, what your ideological spectrum is. the fact that gadhafi appears to

be ousted from power in a matter of hours, if not days is a good development on asun. on any side. megyn: bret will have full coverage this evening on "special report," as he does every day. by the way, interesting show yesterday. >> reporter: yeah, it was fiery. [laughter] megyn: we are now told there's some sort of delay in martha's vineyard. the president's statement is now expected shortly, that's what we're told. it was supposed to be top of the two. while we wait for that, we have fox news producer tadek live on the phone from tripoli. what is the latest there? >> reporter: well, megyn, the rebels are giving control 95% of tripoli, we're certainly this 5% they don't control. for the last hour this hotel with the international media are staying and have been sort of unable to get out of for the last three days since this fighting began is coming under

heavy bombardment now. we can hear the fighters very close. we are not more than a kilometer from moammar gadhafi's major compound in the tripoli. we think that's where a lot of the big decisions are made, and we think there are a lot of loyalist troops and government officials holed up there, and they're putting up a heck of a fight. we are hear the explosions. as the light fades near tripoli and we get close to the breaking of the fast for muslims, we're still in the midst of ramadan, the action just keeps rolling on as far as where we are concerned. megyn: what is the latest from the ground there on moammar gadhafi and where they believe he is located? is he still in tripoli? do they believe he is gone? what do they think? >> reporter: megyn, i think the key is getting inside his head. now, we haven't heard any audio messages from him for a while. we got the last one last night, again, probably by a satellite phone that he, again, was urging his people to come to tripoli and fight the rats, liberate the

country, drive nato out. and he has said repeatedly that he will stay until the end. now, it's hard to believe that somebody could say that repeatedly over months and then, you know, high tail it out of here. um, the latest thinking is he's still in tripoli and that he's gone deep cover and, you know, here's a man who's got deep pockets. he's got, you know, people around who are fanatically loyal, and he's had months to plan, so chances are he's got a very good hiding place. and if it isn't the nearby compound, it's somewhere, you know, equally as clever, and, you know, it took months to find, you know, saddam hussein, it might be the same with moammar gadhafi who, as you say, has been in charge here for the last 42 years. megyn: indeed. tadek, thank you. again, we hope to hear from the president very soon. it was supposed to happen top of the two, thereabouts, now we're told there's been a slight delay. we do know the president has been on the phone with a

conference call with his national security team, perhaps that has run long. we cannot tell you, but we are awaiting that statement from president obama, and just as soon as it comes out, you will hear it here. now, again, that's the libyan rebels have taken control of most of the capital city of tripoli. and can there are real questions about what this means for the united states. what does it mean for moammar gadhafi? and to the only man ever convicted in connection with the downing of pan am flight 103 over lockerbie, scotland? now, the father of one of the hundreds of victims killed in that terror attack weighs in on that man. remember, he was released from a scottish prison on humanitarian grounds because he was supposedly about to die? the well, now he's alive and well and supposedly going to live several more years. so what happens with him now that gadhafi's no longer controlling the strings in libya? we will ask that father what he wants, coming up. well, california democrat maxine waters, senior member of

the congressional black caucus, getting feisty in front of a crowd of supporters going after the tea party with some rather strong language. >> now, i'm not afraid of the big, bad wolf. i'm not afraid of anybody. this is a tough game. you can't be intimidated, you can't be frightened. as far as i'm concerned, the tea party can go straight to hell. [cheers and applause] [cheers and applause] >> and, and i intend to help 'em get there. megyn: wow. ryan roads is co-founder of the iowa tea party, and he himself had an interesting exchange with president obama just last week about language being used in connection with politics. ryan, thanks so much for being here. >> thanks for having me on.

megyn: so on the heels of this exchange with president obama, you see maxine waters, a top democrat, come out and say you as a member of the tea party and the rest of the tea party supporters can go to hell, and she intends on helping you get there. and your response is what? >> you know, i think it's this kind of stuff that president obama as the leader of his party has to come out and say something about or i encourage tea partiers across the country how we have civility and how we become reasonable when they're telling us they, basically, want us to die. megyn: what do you think would happen if a tea party leader such as yourself told maxine waters or democrats or the congressional black caucus that they could go to hell and that you intended on helping them get there? >> a, i think it would be a huge detriment to the tea party and, b, it's just not acceptable language to use out here. i certainly know there's a lot of people following that believe that as well as i've gotten some very nasty e-mails and comments from people saying virtually the same thing. megyn: you know, i mean, obviously, there's always fiery back and forth in connection

with political races. but it's, you know, arguably different when you hear it directly from a politician. there's been some comments by tea party members, obviously, there's been some comments by folks on the other side, but this is a congressional representative standing there in front of a bunch of peoples from the sciu cheering her on. they seem to be upset about your position, the tea party's position when it comes to the debt ceiling and debt and the discussion happened in the context of joblessness and what the tea party did to try to tamp down spending over the past couple of months. do you defend your position on the merits? >> absolutely, you know? we need to get out there and voice our opinion, and we need to find out how we can negotiate with someone if they're going to use this rhetoric against us. the fact is, we want jobs as much as everybody else, but we believe business creates jobs, not government. megyn: you know, you and the president had this exchange last week, and it made a lot of news. let me just show the viewers part of it, and then we'll talk about it. >> how was your vice president

calling -- >> look -- >> i would like to understand that. >> okay, i will explain it right now. megyn: and then the president went on to say, in fairness, since i have been called a socialist who wasn't born in this country, who's destroying america and taking away its freedoms because i passed a health care bill, i'm all for lowering the rhetoric. is that not fair? >> well, you know, to some extent there's people who have said a lot of things, but, you know, i actually previously had come out against some things made up about barack obama, and i think there is, there is some fairness there when you discuss an ideology as opposed to people actually waging war. i mean, the terrorists are waging war on our country using the word socialism or, you know, that we're losing some freedoms by the health care law is an entirely different rhetoric and, quite frankly, a lot of people

do believe if they can't control their own health care, that is a loss of freedom. megyn: tell us about yourself, randy. what kind of guy are you? where are you from? >> i live in iowa, and i used to, you know, i used to actually be at a car dealership in '08, one of the ones -- '09, one of the ones that obama closed down, a chrysler deal. then i went to work in radio, and i just talked to so many businessmen who said, you know, if these regulations come through, we're just not going to be able to do this. so i said, you know, it's -- if we don't get out there and stop this full time, then it's time to -- i'm not going to have a job left anyway. megyn: is it somewhat surprising to you to go from that background to standing here seeing a u.s. representative telling you to go to hell? not you personally, but the tea party, and you're part of it? >> this is just bubbling to the surface what we've seen as an underlying problem with people, you know, that are democrat representatives, nancy pelosi and other people that's been bubbling for a while.

it's just now that we are actually making progress, they're voicing their opinion because they're frustrated. megyn: well, we invite maxine waters to come on, to voice those opinions and speak to randy and the millions others who feel the way he does and defend that language. you know, it happens on both sides occasionally. no one's condoning it on either side, but it's quite something when you see a representative speaking that way. kelly@foxnews.com. we're still waiting to hear from the president on libya. also ahead, from football to foot brawl in the blink of an eye. a few knuckleheads letting fists fly in the stands. this is disturbing tape. but what happened outside the stadium was even more disturbing. plus, three men accused of brutally murdering three young cub scouts. well, they walked into court on friday, they pleaded guilty, and then they were set free where

they will remain. how could that happen? why? in kelly's court. >> i have really mixed emotions about it. i have to tend to believe that they're innocent, but then again you've got a jury that found them guilty. [ groans ] you okay? try this. bayer aspirin? it's not a heart attack. new bayer advanced aspirin's for pain. it has microparticles and enters the bloodstream faster. works twice as fast as before. did you invent this or something? dr. eric first, from bayer. wow. [ male announcer ] new bayer advanced aspirin. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c. [ ma announcer ] glucerna. helping people with diabetes find balance.

♪ [ country ] [ ma announcer ] glucerna. [ man ] ♪ gone, like my last paycheck ♪ gone, gone away ♪ gone, like my landlord's smile ♪ ♪ gone, gone away ♪ my baby's gone away with dedicated claims specialists... and around-the-clock service, travelers can help make things better quicker. will your auto and home insurer... be there when you need them most? for an agent or quote, call 800-my-coverage... or visit travelers.com. how'd you learn to do that? what'd you use? every project we finish comes with a story built-in. it's how our rough ideas become "you did that yourself?" so when we can save more on the projects that let us fix, make, and do more... that just makes the stories evn better. more saving. more doing. that's the power of the home depot. add some style to your sink, with this moen banbury faucet

for the new lower price of $79. megyn: fox news alert, breaking news now from the national hurricane center regarding hurricane irene. as of this moment the very latest advisory shows there has been no change in irene's strength or track. now, what that means is right now the winds remain about 80 miles an hour, a category one storm, but this thing is expected to strengthen over the next few days, could be possibly we heard maria molina say a cat three storm by thursday. forecasters are warn folks here in the united states to keep an eye on this. there had been talk about it coming on shore around florida,

maria was saying it's more likely going to be the carolinas later this week, but we keep you updated as we get more information right here. well, immigration reform advocates today are warning the white house with that it may be a little early to celebrate the controversial immigration rules that the administration says it plans to enforce. they want to see the policy rollout match the promises from the president. now, this move will halt deportations for thousands of illegal immigrants, a decision that was blasted by conservatives last week as an end run around congress. michelle malkin is a columnist as well as a fox news contributor, and christian ramos is policy director of the 21st century border initiative, that is a left liberal think tank. so, michelle, i'm sure you're not happy about what the president has done here, but the left-wing advocates, those who favor reform or in this area are warning the white house they'd better see at least this and

more. your thoughts? >> yeah. obama has displeased everyone. he has displeased the left-wing open borders lobby, many hispanic leaders have been pressing him to do more after the failure in congress by be a bipartisan vote last december of the dream act, illegal alien student bailout. legislation and proposals, by the way, which have failed for years now every time they've come up for a vote. and so to appease that lobby and the left flank, obama put out these rules through the department of homeland security last, late last week which basically, um, passed the dream act through administrative fiat. and so not only do you have the left wing happy, but, of course, you have strict immigration enforcement activists unhappy. they've been predicting this was going to happen for months and months now, and it's only the latest in a long line of illegal alien amnesties through the back door. megyn: you know, christian, do you think it's an accident the

president's decision came in the wake of this gallup poll that shows a decline in his approval among hispanic voters of 36 points, then came this announcement last week? >> well, let's first just talk about what this actual announcement does. this is smart policy. all this is doing is prioritizing the deportation of criminal aliens. we're not going to be having to, you know, pay $24,000 a day to have them deported, you're not, you know, putting them up in jails and paying for them. you're getting, you know, some taxpayer relief on this one. i think this is, quite frankly, just smart policy. megyn: michelle, what is the response to that? they keep saying wouldn't you rather deport the criminal illegal aliens first, the ones who have committed crimes on the books as opposed to just entering the country legally as opposed to the kids brought over here by their parents. >> it sounds like good rhetoric, and they've certainly tested

these talking points, they're trying to appeal to pragmatists. but i've studied and reported the deportation system over the last 20 years, and it is not the case that we're deporting had hardened criminals. that's the problem. they're unable to be able to tell who's here as a true, potential danger to the country and who's not. and in any case, the current law is that whether you jumped over the border illegally or overstayed your visa illegally or evaded deportation illegally, you do not belong here. and what this order has done is give a blanket pass to not just thousands, but potentially 2.1 -- megyn: michelle, let me just interrupt you. my apologies. let me get the two of you to stand by. we're getting the president's statement on libya, we want to listen to that now live. >> earlier this year we were inspired by the peaceful protests that broke out across libya. this basic and be joyful longing for human freedom echoed the voices that we had heard all

across the region from tunis to cairo. in the face of these protests, the gadhafi regime responded with brutal crackdowns. civilians were murdered in the streets, a campaign of violence was launched against the libyan people, gadhafi threatened to hunt peaceful protesters down like rats. and his forces advanced across the country, there existed the potential for wholesale massacres of innocent civilians. in the face of this aggression, the international community took action. the united states helped shape a u.n. security council resolution that mandated the protection of libyan civilians. an unprecedented coalition was formed that included the united states, our nato partners and arab nations. and in march the international community launched a military operation to save lives and stop gadhafi's forces in this their track -- in their tracks. in the early days of this intervention, the united states provided the bulk of the firepower, and then our friends

and allies stepped forward. the transitional national council has established itself as a credible representative of the libyan people, and the united states together with our european allies and friends across the region recognized the tnc as a legitimate governing authority in libya. gadhafi was cut off from arms and cash, and his forces were steadily degraded. from benghazi to misurata to the western mountains, the libyan opposition courageously confronted the regime and the tide turned in their favor. over the last several days, the situation in libya has reached a tipping point as the opposition increased its coordination from east to west, took town after town, and the people of tripoli rose up to claim their freedom. for over four decades, the libyan people had lived under the rule of a tyrant who denied them their most basic human rights. now the celebrations that we've seen in the streets of libya shows that the pursuit of human

dignity is far stronger than any dictator. i want to emphasize that this is not over yet. as the regime collapses, there's still fierce fighting in some areas, and we have reports of regime elements threatening to continue fighting. althou it's clear that gadhafi's rule is over, he still has the opportunity to reduce further bloodshed by explicitly relinquishing power to the people of libya and calling for those forces that continue to fight to lay down their arms for the sake of libya. as we move forward from this pivotal phase, the opposition should continue to take important steps to bring about a transition that is peaceful, inclusive and just. as the leadership of the tnc has made clear, the rights of all libyans must be respected. true justice will not come from reprisals and violence, it will come from reconciliation and a libya that allows its citizens

to determine their own destiny. in that effort the united states will be a friend and a partner. we will join with allies and partners to continue the work of safeguarding the people of libya as remaining regime elements menace parts of the country, i've directed my team to be in close contact with nato as well as the united nations to determine other steps that we can take. to the deal with the humanitarian impact, we're working to insure that critical supplies reach those in need, particularly those who have been wounded. secretary clinton spoke today with her counterparties from leading nations on all these matters, and i've directed ambassador susan rice to request that the u.n. secretary-general use next month's general assembly to support this transition. for many months the tnc has been working with the international community to prepare for a post-gadhafi libya, and those efforts proceed, our diplomats will work with the tnc as they insure that the institutions of

the libyan state are protected, and we will support them with the as is sets of -- assets of the gadhafi regime that were frozen earlier this year. above all, we will call for an inclusive transition that leads to a democratic libya. as we move forward, we should also recognize the extraordinary work that has already been done. to the american people, these events have particular resonance. gadhafi's regime has murdered scores of american citizens in acts of terror in the past. today we remember the lives of those who were taken in those acts of terror and stand in solidarity with their families. we also pay transcribe wiewt to -- tribute to admiral sam lockly and all the men and women in uniform who have saved so many lives over the last several months. they've executed their mission with skill and extraordinary bravery, and all of this was done without putting a single u.s. troop on the ground. to our friends and allies, the

libyan intervention demonstrates what the international community can achieve when we stand together as one. although the efforts in the libya are not yet over, nato has once more proven that it is the most capable alliance in the world and that its strength comes from both its firepower and the power of our democratic ideals. and can the arab members of our coalition have stepped up and shown what can be achieved when we act together as equal partners. their actions sent a powerful message about the unity of our effort and can our support for the future of libya. finally, the libyan people. your courage and character have been unbreakable in the face of a tyrant. an ocean divides us, but we are joined in the basic human longing for freedom, for justice and for dignity. your revolution is your own, and your sacrifices have been extraordinary. now the libya that you deserve

is within your reach. going forward, we will stay in close coordination with the tnc to support that outcome. and though there will be huge challenges ahead, the extraordinary events in libya remind us that fear can give way to hope and that the power of people striving for freedom can bring about a brighter day. thank you very much. megyn: well, there you have it. the president on tape, although we only have the audio, that's how it was played out and delivered to us, speaking to the issue of libya for the first time at least the audiotape for the first time. the paper statement was released last night. want to get to ed henry who is live from martha's vineyard. the president saying that quaff my's regime is coming to an end, his rule is over, but this conflict is not and saying that gadhafi needs to call for his supporters to lay down arms and speaking to those supporters about what kind of transition we, the united states, expect to see there.

other highlights as you heard them? >> reporter: right. that's right. a lot of critical questions. interesting, because as you say, the president was saying this regime was over, but his spokesman was here telling reporters that the u.s. does not know moammar gadhafi's exact whereabouts. maybe they know a little bit more in private, but on the one hand they're saying the regime is over, but on the other hand they're still figuring out exactly where he is. and they also told us that they do not believe he's left libya yet. so we have to get a handle on that. remarkable as this arab spring continues to change power, have an impact all across the region, and the fact that after 42 years in power, gadhafi appears to be heading out, so many americans killed in cold blood as the president said by his acts of terror. i want to also point out between what the president said and his aides are saying privately, that they're reiterating there'll be no u.s. boots put on the ground in a post-gadhafi libya. the president, obviously, under a lot of pressure about this

mission, but his aides in the private are saying they feel very good and believe he does get some credit for having the patience to see this mission out. megyn: indeed. the president saying we will be a friend and a partner, but there will be no boots on the ground. however, we'll be in close contact with nato on the humanitarian impact being felt there. ed, thanks so much. want to thank our panel for standing by now as the president sort of interrupted the debate that we were having. michelle malkin with me, and christian ramos, policy director of the 21st century border initiative. that's a left-leaning think tank. i want to get to you, christian, to respond to michelle's comments which spoke to the fact that there has been a history of the administration assuming we're not dealing with so-called criminal illegal immigrants when, in fact, they're wrong. >> well, i think right now what we've got to say here is this is not back door amnesty.

i'm not really sure what that is, but this the not it. from a process standpoint, this is designed to do exactly what michelle is saying -- megyn: you're not really responding to my point. my apology for the interruption, but you're not responding to -- >> i was responding to your question that you just asked me. megyn: okay. go ahead. >> can i respond to that? megyn: i'd love that, thank you. >> okay. what i was trying to say is from this policy standpoint the department of justice and homeland security are going to create a committee, go through the backlog of 300,000 people who are currently in deportation, and then they're going to say who's a high priority, a criminal, somebody who's committed a felony, and then who are low priority undocumented immigrants in the country, and the ones who are criminals, the ones -- megyn: we understood that. but her point seemed to be and, michelle, i don't mean to put words in your mouth, but you seem to be saying they have failed in the past to make that distinction accurately.

michelle, you've got to quickly weigh in. we're up against a hard break. >> yeah, that's exactly right. i don't think he's familiar with how the deportation system works, and in fact, hardened criminals with criminal records over and above their illegal alien law breaking which he considers some sort of merely a civil matter have been able to stay in this country too. megyn: gotta leave it at that, guys, now we've got 40 seconds. my apologies, we'll be right back. [ lopez ] beautiful skin needs protection. introducing venus proskin th moisture rich shave gel bars

that create a layer of protection with every close stroke. leaving your skin beautifully smooth. new venus proskin moisture rich. toi switched to a complete0, multivitamin with more. only one a day women's 50+ advantage has ginkgo for memory and concentration, plus support for bone and breast health. a great addition to my routine. [ female announcer ] one a day women's. - because it's completely invisible. - because it's designed to help me hear better. male announcer: introducing amp, a new kind of hearing aid, so tiny, it's invisible. female announcer: amp is comfortable to wear and easily removable. amp, the hearing aid for people who aren't ready for a hearing aid. male announcer: call: to find an amp hearing professional near you. only $1,500 a pair.

no, it's just for new people. hey ! chocolate, vanilla or strawberry ? chocolate ! chocolate it is ! yeah, but i'm new, too. umm... he's new... er... than you. even kids know it's wrong to treat new frien better than old friends. at ally bank, we treat all our customers fairly, with no teaser rates and no minimum deposit to open. it's just the right thing to do.

megyn: fox news alert, president obama moments ago saying say the gadhafi regime in power for 42 yearses in libya is coming to an end. the president, speaking from martha's vineyard, calling on rebel fighters who have secured almost all control of tripoli to facilitate a peaceful and just transition into power. and once that transition is complete, there remains a very big question about this man, alma drag hi, the only man convicted in this connection with the bombing of pan am flight 103 released there prison in scotland nearly two years ago. this man was supposedly dying of cancer for just weeks to live. he received a hero's welcome in libya, something they promised would not happen but did. today as the leadership fall, he's healthy as a horse and said to be living in the lap of luxury. so what happens to him now? stan miss allow sky lost his daughter, diane, on pan am

flight 103. stan, thank you very much for being here. and there's a real question about what now that gadhafi is, as the president put it, his rule is over. what is going to happen to him, what should happen to him? >> well, i hope the rope is tied and the scaffolding is up because i think that's what they need to do to mr. gadhafi, and i think ma gras hi should join him. megyn: what is your reaction as you see this, these events up folding, gadhafi losing power, new questions raised about the man convicted of murdering your daughter and 269 others? >> your question again? i'm sorry, i didn't hear. megyn: what is your reaction as you see -- >> my -- megyn: -- moammar gadhafi being ousted from power we think. we don't officially know where he is right now, but that's how it seems to be coming out as well as new questions raised

about what could happen in connection with the man who murdered your daughter? >> well, i think they should, i think they should release him to the authorities in the united states. ma draw hi received a fair trial in the netherlands. the trial was held in a neutral country, the results of the trial were fair, they were honest, and he was released to the brits, and he was incarcerated in scotland, she was suppose -- he was supposed to have been this for 27 years, and he, obviously, was not. he was not really incarcerated as we know it. he had all the privileges of a luxury prison where he had his own barber, his own doctor, and he, quite frankly, lived a very

pleasant life while he was in prison. megyn: and now he's expected to survive several more years. he's had a miraculous recovery, of course, many believed he was never sick at all and couldn't believe that he was released to begin with. but i want to ask your reaction in particular, stan, to seeing gadhafi go or so it would appear. >> well, i just feel, along with all family members, i feel very badly about the fact that he has done the damage that he has done to all the libyans and that firmer action hadn't taken place sooner than what had transpired. megyn: what would you have liked to have seen? >> i'd like to have seen the united states government go in and immediately destroy him. do you know when he was responsible for the bombing of the berlin nightclub, the

following week ronald reagan had the flyover and dropped bombs on gadhafi. he didn't wait for the u.n., he didn't wait for congress, he didn't wait for anybody. that was an attack on americans just as pan am 103 was an attack on americans. and we should have retaliated certainly much soon. not to lose any american lives, those could have been missiles that could have been directly, directed directly to his home. and we should have taken over immediately. unfortunately, that is not the way it took place. megyn: stan, you lost your daughter diane on pan am flight 103. we appreciate you being here today, and we remember her today as well. >> thank you for asking me. megyn: all the best. well, from fans to fanatics in a flash.

unnecessary roughness in the stands at a football game, but what happened outside of this event may have been even more disturbing. and up next, three men accused of brutally murdering three young cub scouts. walked into court on friday and pleaded guilty to the crime, then they were set free. how exactly did that work? a powerful kelly's court next. >> i don't think it will take away a minute of the 18 years that these three young men served. >> this was not just, you know? in the beginning we told them we were innocent, and they sent us to prison for the rest of our lives. [ male announcer ] it's a fact:

your nutritional needs can go up when you're on the road to recovery. proper nutrition can help you get back on your feet. three out of four doctors recommend the ensure brand for extra nutrition. ensure clinical strength has revigor and thirteen grams of protein to protect, preserve, and promote muscle health. and immune balance to help support your immune system. ensure clinical strength... helping you to bounce back. ensure! nutrition in charge! ask me. if you think even the best bed can only lie there... ask me what it's like... when my tempur-pedic moves... ...talk to someone who owns an adjustable version of the most highly recommended bed in america... ask me about my tempur advanced ergo. ask me about having all the right moves. these are real tempur-advanced ergo owners!

find one for yourself. check out twitter. try your friends on facebook... see what they have to say...unedited. it goes up... ask me what it's like to get a massage ---any time you want. ...it goes down... ergo...nomics... ergo...nomics... tempur-pedic brand owners are more satisfied than owners of any traditional mattress brand. (in chinese) ask me why i never want to leave my ergo. ask me why i'm glad i didn't wait 'till i was too old to enjoy this. start asking real owners. ask me how to make your first move... find out more about the tempur advanced ergo system! call the number on your screen for your free dvd and information kit. to find an authorized dealer near you, visit tempurpedic.com. tempur-pedic. the most highly recommended bed in america. megyn: kelly's court is back in session. on the docket today, free men nearly 20 years after a heinous crime they now insist they did not commit. damian eccles, jesse and be jason baldwin dubbed the west

memphis three back in 1994. they were all convicted of murdering three young cub scout in what prosecutors called a satanic ritual, the details of which are far too horrific to get into here. all three walked out of prison last week after pleading guilty to the crime. so first they pleaded not guilty, they got convicted. now 20 years later they pleaded guilty and were set free. it's all part of a complicated legal maneuver that allows them to maintain their innocence while pleading guilt. dna testing that the men's dna was not present, but does that mean that they are innocent of these crimes? the let's ask our panel. defense attorney and former prosecutor arthur aidala. this case is so disturbing, i truly can't get into the details of what was gone to these --

done to these three little boys, but these guys have been in prison for 20 years, one guy had the death penalty. and now, mark, what was so amazing that the prosecutors went in there and said, okay, we'll give you this deal where you can say you're guilty, but you're going to get out of jail free. >> yeah, called an alfred plea. these guys didn't want to do it but, ultimately, you've been in that long? go ahead and do it. there's a lot of problems with this case. the first is that the evidence was exclude ally, at least initially, was a forced confession based on one co-defendant who has the iq of a 5-year-old. by the way, most of what he said didn't make any sense. he said it happened in the morning, yet the victims were still in school at the time. and from that the big snowball downhill and, ultimately, these guys were convicted. there was definitely not proof beyond a reasonable doubt, and i think that justice to some extent was done. they should be able to sue civilly as well. megyn: they can't according to

the deal that was struck. this is a case that got a lot of notoriety, hbo did a couple of documentaries saying these guys are innocent, they have the wrong guys in jail, and one of these guys was going to get executed while the real killer remains free, and yet the prosecution even though it struck this deal is saying, no, i still think these are the guys. >> with any case, megyn, it takes a lot of work and a lot of evidence to convict people of this, of such high crimes, death penalty crimes, right? >> so that's what we saw in casey anthony. the jurors weren't able to convict on that top count -- megyn: what did they have in this case besides the confession which they say was very questionable? >> well, look -- >> and not admitted into the second trial. >> twelve jurors heard these facts 20 years ago. i did a little bit of research and tried to figure out what the actual evidence was, but it only took the jury, i think, three or four hours to convict them of these very serious charges. but in any case 20 years later

to ask the prosecutor to retry the case, find the old investigators, find the detectives, find any of the witnesses, find any of the experts, that's a really tough task. megyn: i don't understand, mark, i thought there was some other evidence that tied these boys to the scene, and i thought there was more to the confession, one of these guys admitted doing the crime to three different witnesses, one a 15-year-old, one 12-year-old and one 16-year-old who said they heard this guy confess to murdering these kids. >> he claims he was joking around, and he wasn't the person that he is today back then. here's what happened. you had some guy covered in blood who went to a local bo jangles, and someone noticed that. and police went the day after to seize this blood evidence, and do you know what they did? they lost it. the guy was not only covered in blood and mud like you would expect the true perpetrators to be covered in, and they lost the

ed. and furthermore, arthur, let me just say this n this particular case, megyn doesn't want to get into the details, but there was a sexual assault. you would expect to find dna evidence -- >> you're right. i knew you were going to say that. but they weren't trained to collect dna the way they are now, megyn. now it's just par for the course. back then in 1993, that was not what they were looking for. they weren't looking for hair particles -- megyn: well, if prosecutor believes the guys are still guilty and thinks they have the evidence, couldn't the prosecutor say i'll give you a retrial? >> yes, they can, but it's very difficult for them to convict anyone in any case 17 years later, especially without any dna. megyn: why not try? how is this better to just, basically, let 'em get out of jail? >> the prosecutor who made this decision is a brand new district attorney -- megyn: oh, but come on. there has to be a lot of eyes looking at this. >> that's what i just said. he's a brand new district attorney, every district

attorney who's elected has to take politics into play and, yes, there had been a tremendous amount of pressure on him from all different walks of life and, obviously, he took all of that into account -- megyn: i don't know. i hear that at least two of the parents, six parents total of these three boys, at least two have come out and said they also believe these guys should be set free, that they have real doubts about their guilt. and yet we don't know, you know? the that's what bothers me about it, mark. so why not just have a retrial instead of this weird deal? >> absolutely. and by the way, the victims' parents, at least initially, these guys should be crucified, they should be fried, and they've been following the case, and they've come around. also dna now reveals not only the absence of any of these defendants' dna -- >> go ahead. >> -- but points to, it does. >> what? >> other potential -- >> the stepfather of one of the deceased. of course, the stepfather's hair is going to be on his socks. if man -- >> there's more to it, arthur. >> excuse me? >> there's more to it. megyn: there is more to it.

the case -- >> one of the kids, he beat one of the kids -- >> megyn, to answer your question why would the prosecutor do this? it's a deal where the government can't be sued, can't be hit for millions and millions and millions -- megyn: you just hit the nail on the head. one final word, there are serious questions about the guilt of these three defendants. in my view, the better answer here would have been a retrial, but that ship has sailed. we'll be right back. 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. is besabsorbed in small continuous amounts. only one calcium supplement does that in one daily dose. new citracal slow release... continuously releases calcium plus d for the efficient absorption my body needs. citracal. maybe not. v8 v-fusion juice gives them a full serving of vegetables

plus a full serving of fruit. but it just tastes like fruit. [ male announcer ] get five dollars in money-saving coupons at v8juice.com. have i got a surprise for you! yeah, it's new [ barks beneful healthy fiesta. gotta love the protein for muscles-- whoo-hoo! and omega-rich nutrition for that shiny coat. ever think healthy could taste so good? [ woman announcing ] new beneful healthy fiesta.

strength and tk. maria molina live in the fox weather center with more. >> reporter: hi, megyn. the tropical storm warning for puerto rico has been

discontinued. we already have bands of very heavy rain over the anyone con republic, and there's the potential to see up to ten inches of rain out here, even mudslides across some of the higher elevations are huge concerns. you can see how large and menacing it looks here on the satellite picture, and as it continues to move towards the west/northwest. sustained winds still at 80 miles per hour, hurricane warnings are out for the south eastern portions of the bahamas, also a hurricane watch for the central bahamas where we could start to see hurricane conditions as early as tomorrow and late tomorrow into the central bahamas. the storm system racing very rapidly, again, up to ten inches of rain possible. that still means we could still see hurricane force rains in the dominican republic. continuing to strengthen and by midweek we could be looking at a category three storm, and megyn,

the carolinas need to keep a close eye on this storm system, correct impact -- direct impacts could be felt as early as this weekend. megyn: thank you so much. we are awaiting what is expected to be a major development in a case that has dominated headlines around the world. prosecutors reportedly planning to drop sexual assault charges against dominique strauss-kahn. what a turn. the latest ahead. let me tell you about a very important phone call i made.

when i got my medicare card, i realized i needed an aarp... medicare supplement insurance card, too. medicare is one of the great things about turning 65, but it doesn't cover everything. in fact, it only pays up to 80% of your part b expenses. if you're already on or eligible for medicare, call now to find out how an aarp... medicare supplement insurance plan, insured by unitedhealthcare insurance company, helps cover some of the medical expenses... not paid by medicare part b. that can save you from paying up to thousands of dollars... out of your own pocket.

these are the only medicare supplement insurance plans... exclusively endorsed by aarp. when you call now, you'll get this free information kit... with all you need to enroll. put their trust in aarp medicare supplement insurance. plus you'll get this free guide to understanding medicare. the prices are competitive. i can keep my own doctor. and i don't need a referral to see a specialist. call now to get a free information kit. plus you'll get this free guide to understanding medicare. and the advantages don't end there. choose from a range of medicare supplement plans... that are all competitively priced. we have a plan for almost everyone, so you can find one that fits your needs and budget. with all medicare supplement plans, there are virtually no claim forms to fill out. plus you can keep your own doctor and hospital that accepts medicare. and best of all, these plans are... the only medicare supplement plans endorsed by aarp. when they told me these plans were endorsed by aarp... i had only one thing to say...

sign me up. call the number on your screen now... and find out about an aarp medicare supplement insurance plan. 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: fallout from the fan violence that broke out saturday at the pre-season nfl game, and planning on pulling the plug after what we saw tack place. san francisco mayor is denouncing the violence at the park saying he witnessed the brawl himself as he sat in the stands. two men were seriously injured in connection with the fight. one victim was shot several times and the other was beaten