jon: i'll be off for a little bit, i'll see you about a week and a half. jenna: you're a ban tkoupbgs? jon: taking a little vacation. jenna: where are you going? jon: translyvania. megyn: welcome, everyone, a new threat for millions of americans living up and down the east coast, hurricane irene quickly growing in size. forecasters are warning of a zone of impact from north carolina up to new england. that's where we begin "america live." hey, everybody i'm megyn kelly. as we await the latest advisory on the category 3 hurricane the east coast is preparing for the korz. emergency crews are mobilizing, folks are evacuating from their homes, stores are stocking up and quickly selling out of stormy sessions.

the first atlantic hurricane of the season packing a huge punch, hitting the carolinas as a powerful category 3 storm on saturday morning before it barrels forward at this point it's a category one storm. let's check in with janice dean on that and all the latest. >> reporter: this could impact 80 million folks across the east coast in the next several days. i want to show you the east coast impacts. this is with the current track that we received at 11:00 from the national hurricane center. new advisory coming out at 2:00, sometimes it comes out early and you will have it first, i promise. winds at least 100 miles per hour across the coastal carolinas. all up and down the east coast winds in excess of 50 miles per hour. this is not a little storm. this could last for hours, six to 12 hours, we're talking about flooding rain and the possibility of tornadoes.

we see weak tornadoes with the land falling tropical systems. precipitation, 4 to 8 inches, this is on top of record breaking rain we saw across the northeast. the ground is saturated, and that could unfor natalee be extremely dangerous. 4 to 8 inches, possibility of isolated amounts of a foot. this is the 3-d imagery right now, that is an amazing-looking storm right there. a very well-defined eye. that is one of the best storms you're going to see during the hurricane season and we expect some further intensification as a category 4 within the next 12 to 24 hours. nothing in the form's path. the bahamas are very, very low lying islands, warm water and it could be potentially devastating across the east coast. i'm not sure if folks across the northeast really know potentially what we could be dealing with this weekend, megyn. megyn: i think you may be right and we rely on you for updates on that j.d.

thank you so much. why many folks are getting ready to evacuate coastal areas there is one group of people heading in the other direction. hurricane hunters with the air force monitoring irene's every move to keep you safe. sending critical information to the hurricane center. they followed irene since it formed off the coast of africa. we have the chief meteorologist with the hurricane hunters. the man who has already flown into this hurricane. colonel thank you very much for being with us. what was the last time you flew into this hurricane. >> we've been flying into irene since saturday when it started as a top box storm. our crews have been tracking the storm every since and will continue to until the storm makes landfall or heads out to sea. megyn: how long do the flights typically last. >> eight to ten hours. it depends on where we have to

depart from and how long it takes to get to the storm. megyn: how does irene compare to other storms you've flown into. >> irene is a typical powerful hurricane 3 hurricane. it has a nice eye at the moment. it looks like it may intensify more. >> what is it like to fly into a category 3 hurricane. >> it's an interesting trip. you get close to the eye and the rain picks up and the wind picks up and the airplane goes into the eyewall and you break out into this nice, blue, beautiful area. it's quite a sight for someone who has never seen it before. megyn: do you experience severe tush ambulance? it's got to be a rocky ride, no? >> it is at times. each one of the storms change hour by hour. we really never know what we'll run into. we are careful about what we do, we have very experienced crews. we take a lot of precautions and luckily we have a great safety record as doing this. at the same time providing this great data to the national

weather service. megyn: that is the goal to get the data, that is your job to protect us and get the current information on the storm. what do you think is the likely path of this hurricane as of today. >> as of the latest advisory this morning from the national hurricane center it looks like obviously north carolina is in the thread zone at the moment, and the storm is moving around a large ridge in the atlantic and a front is coming through the east coast. it looks like it's going to take a northerly track of some sort. let's hope it stays off-shore versus onshore. megyn: we hope that indeed. colonel john talbott hurricane hunter. if you wish to track hurricane irene go to foxnews.com, click on the home page and the weather and get all the latest. fox news alert as the fight for libya and the hunt for moammar qaddafi continues. a terrifying ordeal ending for dozens of journalists who are in

the capitol city. armed men of moammar qaddafi held them hostage in a hotel. members of the fox news crew included in that group. tadik joins us live -- we lost his live shot. we will try to get him back. remember, yesterday we had a phoner who was saying he was laying on the floor, at the time he was on the floor of the hotel room trying to stay away from doors and windows so that he was not in danger and would not be hurt, that the firing was coming in towards the hotel from 400 yards away i believe he said, and now today we learn that indeed they were in great danger. thankfully that appears to have resolved successfully and we will try to get tadick back up to us so we can follow-up with him on the latest today from tripoli, to him just as soon as we have him.

moammar qaddafi's exact whereabouts at this point remain unknown. there have been reports that he's claiming that he was walking around the city of tripoli. it's also unclear when he left his heavily fortified compound in tripoli which served as his personal living quarters and officers, that compound reportedly linked to the sea by underground tunnels. while it was designed by west german engineers to withstand a massive attack as we now know it could not hold back rebel forces. some of them seen here surrounding and climbing on an iconic statue at the compound that many person americans may recognize. the gold fifth is crushing a warplane. that is his attempt to commemorate the u.s. strike on libya. the strike was ordered in retaliation for a terrorist attack that killed americans in berlin, an attack that was blamed on libya.

all right, joining me now is tadik murkowski. great to see you on camera today. tell us what you've been through for the last 24 hours. my apologies to the viewers, it's really painful i know for you to watch that and have that sort of tees. it's painful for us too, because we really want to hear from him. we won't give up. we'll go back to him, bear with us. these satellite problems are difficult when you're having broadcasts like this streaming live to us. when we get the shot back up we'll bring it to you much. the obama administration has a nooyi missions 0 policy that the commerce department reportedly says will cost 60,000 jobs. the administration says it will cost jobs. we'll investigate. a dangerous situation unfolding in california, this rail car burning and a propane tank at the risk of exploding. the latest on firefighters efforts to control the flames. plus the white house rushing to

clarify comments by vice president joe biden in china about that country's one child policy. the fallout and the response ahead. >> your policy has been one which i fully understand, i'm not second-guessing, one child per family, the result being that you're in a position where one wage earner will be taking care of four retired people, not sustainable. [ male announcer ] this is coach parker... 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. ♪

hut! go! here it comes! right on the numbers! boom! get it! spin! oh, nice hands! chest bump. ugh! od job, man. nice! oky, halftime. now, this is my favorite play. oh! i'm wide open. oh, fumble. fumble. don't want to fumble any of these. [ male announcer ] share what you love, with who you love. kellogg's frosted flakes. it's up... and it's good! good?! they're grrreat!

megyn: fox news alert. firefighters in the town of lincoln, california, about to try a bold move to avoid a massive explosion. they plan to drain fuel from the burning tanker that you see here and flush it into a massive hole in the ground. they hope to end an emergency that has forced the evacuation of thousands of north carolina homes. students in the area are missing school because of the threat of an explosion.

we'll have a live report on this a little later in the broadcast. coal industry groups sounding the alarm today that a fifth of america's electricity-generating capacity is about to be taken off line thanks to new federal regulations. they say this will lead to widespread power outages, rolling blackouts, job losses and skyrocketing energy costs. this stems from epa rules requiring coal companies to slash emissions and soon. supporters of the rules cite huge health gains and public safety as justification. critics are warning it may do more harm than good. joining me now, chris honer with the competitive institute. and also author. and angel race, a texas-based civil attorney. gentlemen, thank you so much for being here. there are epa rules going into

effect trying to crackdown on emissions, and chris there are terribly dire warnings coming out now from the regulated industry saying, basically the sky is going to fall if these go into effect, true? >> well, yes, two years ago the industry group edison electric said that they would have to bring 77 gig a watts off line thanks to this rule. the chairman of the federal energy regulatory commission recently said a letter saying it was 881 gig a water. it's not just industry. the chairman who is an obama appointee is saying the epa has not of lifted one i finger to work with ferc. megyn: take a step back, so people know what we're talking about. the feds are saying to the states, we are not satisfied with how you are enforcing clean air and emission rules. we will take control of it and

tell the coal companies, et cetera what kind of emissions are okay and not okay. those who are going to be subject to these regulations are saying, you're trampling on states rights, you are requiring too many stringent rules of us, and it's going to lead to job losses, and factories shutting down and so on. chris, and then angel. >> there is a lot involved here. this was a suite of regulations called the train wreck. one of them is epa season control for some states and the other is the one at issue here that will bring all the plants off line, that is the reliability issue. that is going to cost about $20 billion it seems. epa in it's own rule making says there are no hazardous air pollutants that they could identify or quantify. it's in furtherance of the war on coal that the president announced when he said if you want to build coal i'll bankrupt you. and you have to close existing coal too.

it's a reliability question not costs. all costs will be passed on to the ratepayer. they are concerned about their obligation to provide reliable energy and they say we are going to have blackouts. >> you had it exactly right when you described what is really going on here. basically my response is that fear-mongering by industry is nothing new. i think all of us have heard fear-mongering over the years. and in this case fear-mongering is going to basically not affect the job losses that they are claiming. i don't think any jobs are going to get lost. industry doesn't like regulation they hate it. and any new regulations, it's the sky will be falling and the sky is halfway down right now. megyn: a heritage report suggests that the commerce department itself is estimating that the regulation -gs are going to cost 60,000 jobs, that the administration is forecasting that according to this heritage report. >> well the two reports that i've actually been able to look

at and read suggest that first of all, jobs will be lost, but they were actually written by industry. so it's no surprise to me that the industry writes up reports where jobs are going to be lost, and that creates a lot of fear especially in most communities today. with respect to that cross pollution issue that the epa is raising i've got to tell you that i live in the state of texas and we have the worst air now than any other state and it's mostly because we have the lightest regulation of the most polluting companies and industries in the country. megyn: apparently you're about to lose a great deal of that control to the feds who are stepping in. let me ask you this. chris, to those who are saying this is about clean air and making sure that people are protected, and they also say that it's actually -- to an extent coal plants will be shut down for a while, it's old ones that are inefficient, it's not that big a deal, you say what? >> first of all, the administration provided a higher figure of plants that will have to be taken off line here than

even industry said. when you hand wave and say industry, industry you're changing it from the numbers. the numbers are the obama administration ferc says there will be even more plants taken off line. there is misleading going on over the last 24 hours on this issue. a number of plants will be put on peak, when it gets severely hot, there is a cyber attack under this rule they have to mothball them. claiming they are going to move them into reserve under cyber attack, or severe weather is not the same as i have to shut them down. you're talking about according to the obama administration taking 81gigawat t ts off line. you don't replace that with solar panels and wind panels. they don't work all of the time. you've got a real problem, you have blackouts and the administration, not industry acknowledges it. megyn: if chris is right we are going to see rolling black outs, see brownouts if he's right.

we'll see a loss of the fifth of the nation's electricity generating capacity. do you reject that that is going to happen? >> i don't think that is going to happen at all. what is really happening is industry has almost ten years over that course of the ten years to close those dirty coal-burning plants. each of those plants really is so old, they are all 40 years old, they all have absolutely no updating at all and they are the biggest polluters in the country. >> replace them with what? >> well, first of all you can replace them with natural gas. it's under our fee feet, it's clean, cheap, abundant and it's right here in the united states. megyn: there's a wa thanks, guys we have to leave it at that. today we are learning about a group of psychiatrists who met last week to take up the issue, and i quote, normal hraoeuzing pedestrianormal hraoeuzing

pedestrian a feel yeah. where the president stands with the american people and what it means to his re-election bid. scary moments for former first lady nancy reagan. we'll show you how she is doing today. hey, the new guy is loaded with protein!

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!

what happened during a close call for nancy reagan. the 90-year-old former first lady is said to be doing just fine after a stumble last night. fortunately senator marco rubio of florida caught mrs. reagan before she hit the ground. the florida republican was

invitessed to speak at an event at the reagan library. he was escorting mrs. reagan to her seat when she tripped on a barrier and lost her balance, but she is okay. controversy is growing surrounding a new push by some in the psychological community to change the definition of pedophilia. they argue that pedophiles are misunderstood and should not be criminalized. they want to call them minor attracted individuals. shannon bream with more on this one. >> reporter: its sounds shocking to most people out there. but this group of mental health proceed testings, that are called before you act says it's time to change the way our society views individuals who have a physical attraction to children. here is their position. stigma tying and stereotyping minor a tract tracted people stems the fears without contributing to an understanding

of minor attracted people earth issue of child sexual abuse. the group is lobbying for changes to the diagnostic and statistic manual of mental disorders put together by the american psychiatric association, eyes the nationwide standard for treating mental illness. this group says it's important to them that people that are actually sexually attracted to children have input into the decision about how pedophilia is defined in the dsm. the group held a conference on how to achieve the goals a few days ago. the american psychiatric association did not participate. here is that group's most recent statement. quote, an adult who even gauges in sexual activity with a child is performing a criminal and immoral act and it is never considered normal or socially acceptable behavior. critics of the whole effort to change the definition of pedophilia is the movement is only about one thing, and that is to decriminalize the activity

ultimately. megyn: they want it to become a diagnosable illness to the extent that, for example if you develop alcoholism, or if you develop some other debilitating illness on the job you can't get fired for that usually because you have a disability that is recognized and you're protected under the law. are they pushing to have pedophilia go into that same category? >> reporter: what i can tell you is they say this is all about creating tolerance and better understanding of people who have an attraction to children. i am going to talk with one of the psychiatrists in about an hour who is pushing this idea. he also stands accused of treating people he knew were actively molesting children and refusing to report it to the law enforcement agencies. megyn: oh, come on. >> reporter: i'm going to ask him about about it and see if he stands by that and how he can possibly justify that. megyn: if he does could you tell him that we'd love to have him as a guest right here on "america live" tomorrow. >> reporter: we'll book him. megyn: taking your emails on

that. kelly@foxnews.com. attacks on the tea party are reying new questions about the upcoming election. >> that is the real enemy here, and the real enemy is the tea party. [applause] megyn: that's a florida congresswoman. a florida congresswoman sounding a lot like congresswoman maxine waters who we here the other day and we heard some similar attack on the tea party by senator boxer this week. why this specific message and why not? answers just a few minutes away. plus president obama's approval ratings have set a new record and it is not a good one for white house supporters. how that affects his re-election effort. we are keeping a very close eye on hurricane irene. euflt is gaining strength and taking aim at the east coast. evacuations are underway in north carolina. the storm could hit anywhere from the carolinas to maine and we will have the latest upcoming. >> we must all prepare for the worst. fema arrives today.

we have begun as we speak an evacuation of the island of ... with diabetes, it's tough to keep life balanced. 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. 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.

look at all this stuff for coffee. oh there's tons. french presses, espresso tampers, filters. it can get really complicated. not nearly as complicated as shipping it, ough. i mean shping is a hassle. not wh priority mail flat rate boxes from the postal service. if it fits it ships anywhere in the country for a low flat rate. that is easy. best news i've heard all day! i'm soooo amped! i mean not amped. excited. well, sort of amped. really kind of in between. have you ever thought about decaf? do you think that would help? yeah. priority mail flat rate shipping starts at just $4.95, only from the postal service. a simpler way to ship.

- 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.

megyn: fox news alert, we are awaiting a news conference from the governor of virginia on the big earthquake that centered in his state yesterday and was felt hundreds of miles away. that comes as we hear the east coast could be in for weeks of aftershock. this was the scene in a grocery store right near the epicenter

as the quake first hit yesterday afternoon. that 5.8 magnitude quake the most powerful to hit the east coast in 67 years. we are getting our first look at cellphone video that was recording the moment it struck fox news' washington bureau as well. [bell ringing] megyn: doug mcelway is live near the epicenter in virginia. >> reporter: just as you mentioned we are expecting a press conference to get underway here at the fire department with bob mcdonnell and majority leader eric cantor. the high school was severely damaged in the quake. the good work is that dominion power which runs the nuclear power plant there has declared its alert over. that happened at 11:16 this morning. the station remains in what they

use in the nuclear parlance, a notification of unusual event, that while inspections continue. the plant unaffected apparently by several aftershock which have struck this region. ten other nuclear plants in four different states remain shut down as we speak. megyn, one other important note and it involves communication. anybody who tried to call anybody on the east coast yesterday in the immediate aftermath of this earthquake in all likelihood found their cell phones ineffective. this is something that fema administrator craig fugate addressed yesterday in a conference call with reporters, the importance of communication. in all likelihood this is important to remember, so important to remember with this hurricane barreling down on the east coast of the united states again that cell phones simply don't work under these emergency situations. the one device that does work in all likelihood, the best chances of working is a battery-powered two-way radio. this is absolutely essential for first responders, but fugate

also mentioned it may be essential for family, at the very least he said it's important for families to consider some plan of communication before a disaster strikes, not during the disaster, and not after the disaster. so consider that for your family as this hurricane approaches the east coast. again, we are expecting that press conference with governor bob mcdonnell and eric cantor to get underway moments from now. megyn: i thought it was interesting earlier today you talked about speaking with folks on the ground down there who spoke of the considerable damage they had seen in their own homes, places looking like they had been ransacked and the concerns they had for their family members. very poignant and good point. we'll await the news conference. we appreciate you being here. while most of the washington area is back to normal from the quake the national cathedral and the monument are still closed. they are surveying the landmark trying to figure out how to make it safe again for tourists to

enter. they spotted cracked stones at the top immediately after the quake. no word on how badly it is damaged but the park service is now saying that the statements from washington d.c. police yesterday that the monument may be leaning turned out not to be the case when they got close enough to inspect. the monument is typically open every day of the year except the 4th of july and christmas. new poll numbers suggest that president obama's approval rating is taking another big hit. rasmussen reports finds 44% of americans now approve of the job he's doing. 56% disapprove. so what does this mean for his re-election chances in 2012, joining me now democratic strategist christopher hahn and fox news contributor monica crowley. let me start with you, chris, you're a democrat. the news every day continues to go in the wrong direction for the white house. gallop puts his approval rating

at 38%, a new low. rasmussen is saying the number of people that strongly disapprove is growing solidly and the number who strongly approve of the job mr. obama is shrinking, and the momentum seems to be going in the wrong direction for him. does this cause you concern or do you buy sort of the talking point that there is a lot of time to go before november of 2012? >> well both, megyn. any democrat or any political strategist worth their metal would have to be concerned with niece numbers, they are very, very bad. and they are tied to a very bad economic situation that doesn't appear to be getting much better. and the president is going to meet tremendous resistance from a congress that doesn't want to help him or the nation succeed. that said, it's a big uphill climb towards 2012. i know there is a lot of talk that the candidates on the other side are not the greatest in the world, but you know what, they said that about reagan too and we saw how that worked out. political fortunes have

changed. we all know that george herbert walker bush was at 75% approval a in the polls at this point in his presidency. there is still a lot of time. the president can make it up but the economy has to get better and he has to make that happen. megyn: it doesn't show the economy rebounding by the time we have the presidential election. hovering above 8.4% unemployment, which is bad. no president has been reelected with that number over 8% with limited exceptions. the president is coming out with new messages. now it's these republicans in congress are stopping my agenda, and if you want to blame somebody, blame the gop, does that work? >> if the president is going to try that tack good luck with that. this is a president that controlled both houses of congress for two years with huge majorities, a filibuster proof majority in the senate.

megyn: he says he got the momentum going in the right direction and he needs more time to complete the job that we're shedding fewer jobs per month than when he took office. >> he has been in office for two and a half years we have seen the fruits of his policies. this has been one of the most destructive presidents that seifee wean in a longtime. bad housing numbers, bad moment numbers. nonexistent gop growth. when he and his party controlled both houses of congress they were able to do whatever they wanted and now we are seeing the results of this. we have run their big government big spending experiment, the american people are suffering at the hands of this and to blame the republicans who let's face it control one house, one-third of the government right now -- megyn: are they blaming the republicans for blocking president obama's agenda or blaming the republicans in swrepb? do they remember that the spending was out of control under president bush?

the message from the democrats has been, president obama inherited the mess and do the numbers reflect that the american people may be buying that to some extent. >> he still has 46% in most polls that are approving of him. those are people who understand that he did inherit one of the worst economies in two generations and they do see that there is destructive behavior going on in washington and that the republicans will stand in the way of progress. this president has to do this. he has to go back to washington, he's got to make some bold decisions, he's got to put bold proposals out there and he's got to put it out there to the american people and let the remember republicans in congress say yes or no to it. they are now standing in the way of tax cuts, which is something i've never think i'd see them do. they don't want to see tax cuts because the president is proposing. megyn: some republicans don't want to see the extension of the payroll tax, so the viewers know. >> it's still a tax increase if you look at it. megyn: i'm making sure people know what you're talking about.

monica the momentum as i said according to all the independent analysts is going in the wrong direction for the white house. he'd like to see the numbers different. he's head to head in poll matchups with mitt romney, ron paul, welcome back, rick perry. is there any way for him to turn that around? you as a conservative, as somebody who doesn't want to see him get reelected, what would you be most concerned to see him do which might lead those numbers to turn? >> i'm going to surprise you, megyn because i do not want to see him reelected next year but i also believe he could turn this around if he adopts the right policies, but that would require him rolling back every single policy that he's adopted since he became president to get real job creation and economic growth growing. because what is killing this economy right now is the suffocating affect of obamacare, dodd frank and the stimulus and all the regulations he has put in place. the election is 14 months away, to this extent i agree with

chris, 14 months is an eternity in politics, anything could happen and we've seen it happen on both sides, where somebody has been down in the dumps and has been able to win re-election like bill khreupb, and george wh bush lost reelection. anything could happen. this economy i don't see it getting better, you have a huge overhang of destructive policies. you could have an unforeseen event that could hel end up helping the president. megyn: maybe we'll learn something in the september speech and the republicans will think it's a great plan and both parties will implement the plan and we'll turn the numbers around. >> don't hold your breath. greg: your lips to god's ears, megyn. megyn: thank you both. there is a new round of bad economic news breaking today for millions of americans. we'll show you what a new report is showing about our jobs crisis. and take a very close look at this picture, this room described as a homemade torture

chamber. just ahead the story of the woman who managed to make a brave escape after being trapped inside. also, vice president joe biden says he understands and does not second-guess china's one-child policy. now the white house is having to reverse itself on this. 180 degrees. critics are outraged, but should they be? fair & balanced debate next. >> your policy has been one which i fully understand, i'm not second-guessing, one child per family. the result being that you're in a position 0 where one age earner will be taking care of four retired people. not sustainable. 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: vice president joe biden was at a advice in it china this weekend when he seemed to express support for a policy in china that approves forced abortions and serl liizatio sersterilzation.

here is what the vice president said as i was talking to some of your leaders you share a similar concern here in china you had no safety net. your policy has been one that i fully updz, i'm not second-guessing of one child per family, the result being that your in a position where one wage earner will be taking care of four retired people, not sustainable. so hopefully we can act in a way, and our problem is much less severe than yours, and maybe we can learn together on how we can do that. megyn: after a lot of press inquiries wanting more about exactly where the vice president stands on this his office changed course yesterday stepping in to say that the vice president's remarks to a chinese audience were meant to expose pitfalls of that policy. here is his new official statement, quote the obama

administration strongly opposes all aspects of china's coercive birth policies including forced abortion and sister liization. he believes those actions are repugnant. father jonathan, you are not happy with the vice president's comments, the initial comment. >> not at all. megyn: and you're not happy with the clarification either. >> no, it's very easy to clarify once you've got even away from the audience where your original comments were directed to. it's much easier to come to the american public and say, actually, but it takes moral courage to go in front of the chinese and say, it's not a question of whether it's sustainable or not, the question is the coercion, and the abuse of women, and of babies, this is disgusting. he should go back to china and make that clarify indication. megyn: sal lease, much to do about nothing or is this a big deal. >> indeed, much to do about

nothing. i agree with father morris as i think most americans do as joe biden clearly does if you look at the full statement and his follow-up statements that this is an awful, abhorrent, immoral and wrong policy. the reality is, look joe biden is a father of four, a grandfather of five, but shakespeare he ain't. this is nothing on the scale -- the truth is he's against the policy. we want our vice president -- there's news report that china is thinking of pulling back this policy. do you want your vice president to go over there and say what is on the hearts and minds. >> so he purposefully did not -- so -- are you suggesting sal leave. i have no magic vision to his heart or mind and i think we should give him the benefit of the doubt in terms of what he really believes. but my problem here is, he went in front of the chinese people and had an opportunity to say, this is wrong, not because it's not sustainable, but because it is an immoral and absolutely disgusting policy. he should have the moral courage

to go back to china and to explain why it's wrong. megyn: let me just add to that, because the critics, father morris, and others are saying, not only should he have done that, they are now pointing to the fact that the obama administration didn't raise the issue when the chinese president came over, we gave him a state dinner, that they have been avoiding this issue. i think we talked about this before you guys came on when we were in the commercial break. i don't think americans really think about this policy in china and how bad it is. women who are eight and nine months pregnant are being dragged in some instances it's been documented and having their babies murdered as they scream that they do not want their -- it's heinous, heinous. >> as a mother i find it heinous. megyn: they need to be proactive about saying it's wrong. >> we agree, i any anyone with a heart or children all agree this is wrong. megyn: we agree that senator biden thinks it's wrong. >> it wasn't politically

expedient however to say the truth. >> where we may disagree is look h i think the enemy is not the obama administration, not joe biden, the enemy is china's one child policy. megyn: the criticism of the administration is we need to say more about it. >> media have reported from eastern asia all the way over to europe that china is looking to get rid of this policy. the question is -- >> i understand, but is that second-guessing the policy. >> he's trying to be diplomatic. >> you cannot say i understand and do not second-guess this policy when there are chinese women and mothers who are out there who have had that done to their babies, you cannot say it. an apology is due, not to the american people, not to the political class, but to the chinese women and families who have suffered because of this. that is what the type of political courage we mead. megyn: one final thought apparently the chinese are considering reversing the policy

but decades from now, it's not imminent unfortunately. good debate. thank you so much for being here. an alert coming in, live pictures coming back from this tanker fire in north carolina. thousands of folks have been evacuated. sorry i meant california. thousands of folks have been evacuated from their homes. our adam housley arrived on the scene as the fire crews get ready to try a dangerous maneuver to put this thing out. they are worried about it exploding. adam is live with us in three minutes, plus an update on irene. edients that transform lathering into lavishing. olay body collections. morning starts with arthritis pain... that's two pills before the first bell. [ bell rings ] it's time for recess... and more pills. afternoon art starts and so does her knee pain, that's two more pills. almost ne, but hang on... her doctor recommended aleve cause it can relieve pain all day

with just two pills. this is lisa... who switched to aleve and fewer pills for a day free of pain. and get the all day pain relief oaleve in liquid gels. try smart balance buttery sead. 's heart-healthier than butter. with omega-3s. 64% less saturated fat. andlinically proven to help support healthy cholesterol. ♪ put a little love in your heart ♪

megyn: take a look at this veil car.

this could effect 20,000 people. that explained the manpower we are seeing on scene. >> reporter: we'll give a live look. that tanker we are talking about is just down the street. this is 30 miles north and east of sacramento. an just scale upper middle class neighborhood with rail lines running through it. this was off the main rail line. it caught fire. at this hour they are more concerned about putting it out. 29,000 gallons just in that tanker right now. near by there is more than a half million gallons of propane. what they will be doing here shortly is drain that tanker, drain that propane out to a nearby pond which they believe would put the fire out. they have a special team that has flown in from houston. there are a number of firefighters in the area. the evacuation airways massive. nearly 5,000 homes.

we are told 20,000 people, 11 schools all shut down. when you drive on the side streets you don't see anybody out. other than a few police officers to make sure there is no looting going on. a delicate situation as they try to douse these flames. they try to keep it cool as possible. imagine having a propane tank in your backyard catch fire. that's what this is on a much larger scale. the idea is to try to drain those 29,000 propane gallons out of this tanker and hope it doesn't catch fire to the other half million nearby. megyn: the parts and divide getting wider and uglier. sharp criticism being lobbed by our congressional representsives towards the tea party.

the man busted by the tv show "to catch a predator." he has been acquitted with the judge's apologies. now they are going to sue nbc. plus a father and son fishing trip turns into a whale of a tale. we'll bring you details on their dramatic story.

megyn: fox news extreme weather alert. new information on the track of hurricane irene as this thing grows into a monster storm. brand-new hour 6 "america live." welcome. i'm megyn kelly. irene a dangerous category 3. but moments ago the national hurricane center says it's getting stronger, packing winds of 120 miles an hour as it barrels towards the east coast. the director of the national hurricane center says it could

be a big threat to new england and long island. authorities in north carolina taking no chances. they are already ordering evacuations there. folks are buying out supplies getting ready for this thing up and count east coast. the killer storm is over the bahamas. we continue to have our eye on irene. all the officials who know what they are talking about when it comes to hurricanes, say take this thing seriously. it's been years since the u.s. took a direct hilt from a category of this size. this is not something to be ignored. and it's something to monitor careful live. you can go over to foxnews.com for the latest on the track of the storm. another alert, this time on our job crisis. a new job forecast says unemployment will stay above 8% for at least another two years. a frightening forecast from the

non-partisan congressional budget office. they say we'll not see an allout recession, but the jobless rate will likely top 8% until 2014 because of sphoor job growth. the heads of ge and american express looking for advice, the president is on his job creation plan. our team coverage starts withette on martha's vineyard with the president. >> reporter: those two ceos are members of the president's jobs council. the president got an economic briefing in a digs to those calls from his aide who is on martha's vineyard giving the president a daily briefing about the market and how things are going in terms of policy formulation back at the white house among some of the president's staff putting together that new economic plan. settinged the table for all that

is a devastating report that you mention from the congressional budget office in terms of unemployment remaining stubbornly high. slow economic growth for several years down the road. >> a great deal of the pain of this economic downturn still lies ahead of us. >> reporter: there is also on debt the fact that long term the cbo is projecting some hefty debt for the country, trillions of dollars to deal with. but what the white house is trying to jump on. jumping on the short-term numbers that suggest the budget deficit will start creeping downwards. he believes that's because of that debt ceiling thing the president sealed with republicans. >> what the report indicates is, some progress has been made, based on the deal that democrats and republicans struck earlier

this month. that that is having a tangible impact in terms of reducing our debts. but the report makes it clear there is a lot more we have to do. one of the things the president is going to talk about next month in addition to new ideas about creating jobs, is suggestions how the soup sister committee can go beyond the $1.5 trillion deficit reduction mandate to do even more to address the longer-term fiscal challenges facing the country. i think the report validates the progress that's been made. >> reporter: obviously a lot of pressure on this president when he's done with his vacation. not just on the debt issue, but the jobs situation. the bottom line is after getting this report, it's clear there will be a lot of pressure on this president to roll out that new economic plan and present it to congress when we come back after labor day.

megyn: for a closer look at the unemployment numbers and why they are not expected to get much better anytime soon, stu varney joins us from the fox business network. you heard ed henry saying they are not good, and there is no way of arguing they are great. but could they be a lot worse? >> yes, they could. the numbers on which this forecast are based are based on july numbers, early july numbers. they made a projection of the future of the economy of, the few tiewrvet unemployment rate on the bay basis of numbers in early july. since then the numbers have gotten much worse. late jump and into august, the indicators pointed due south. that means if you did a projection based on the latest numbers, would i come up with a much worse unemployment rate and a much worse deficit looking down the road. this report really looks down that road and suggests that it's going to be a different look and feel to the american economy. high unemployment, low growth.

that's the exact opposite of what america mass enjoyed for the past generation. megyn: when i look at this number, let's say the is 8.5% in 2012, it was hovering around 10% not when he took office but shortly thereafter. does the white house have an argument it's going in the right direction, it's just not going fast enough. >> reporter: the argument made at the time of the stimulus was if you spend a trillion dollars you would keep unemployment rate below 8% and that did not happen. it is not going in the right direction. and if there is any hope for a down trend in the rate it's a modest down trend. i don't believe any president has been reelected with an unemployment rate above 7.2%.

megyn: there are two problems, the effect we are feeling from the struggling economy and the political problem the white house has with these numbers. fox news alert. the battle or tripoli raging on in libya. loyalists for khadafy reportedly facing their last stand. even if the rebels succeed in stamping out his influence, his regime, is there any assurance libya will move toward democracy and not toward the hands of islamic fundamentalists? john bowl stop joins. >> we are not past moammar qaddafi yet. i'm not sure he's there. i think he may have moved back

to the geography in libya where his tribe is. that may, he conducts his last stand. i don't think there is any doubt the moammar qaddafi government has fallen. but it can make a difference in the national council's effort to restore law and order and prevent ongoing guerrilla warfare. the american interest in this conflict is being sure libya doesn't turn to international terrorism either through today today of arite -- through gadhar as we have in yemen and somalia. megyn: a former official with the iaea warned there is a

center near tripoli with stocks of uranium and other material that could be used to make a dirty bomb. we don't want that thing getting into the hands of people who hate us. >> i'm less worried about that. it's not good stuff to get in the hand of al qaeda. but we know from where al qaeda operatives have come from in the past, many from eastern libya, we know because nadine others have told us there are al qaeda figures in the rebel movement. there are also -- megyn: they are well-organized. >> there are also pro-western, pro-democratic leaders. we don't know the outcome yet. that's not a cause for group laying. that -- that, not a cause for jubilation. we have to work harder to support pro-western believers. megyn: the white house issued a statement we hope they will be true to democratic reforms. but that's a statement.

what do we do to make that happen? >> this used to be called diplomacy. you work with figured that you think will be pro-west. we help support them and advance their cause and give them resources within the inner politicking of the rebel leaders, and we help advance them so they emerge in the internal politics of libya as the people on top, not al qaeda, not the supporters of radical islam. megyn: last time you came on you had written a piece talking about how you might be a 2012 presidential contender. is that still possible? >> i'm thinking about it seriously. i'm going to make a decision by labor day. there is a logistical matter. i have to make up my mind then. megyn: we'll look forward to your decision, sir. gadhafi could join the quaings of others who were overthrown.

tunisian's president. saddam hussein who was ousted before he was put to death in 2003. also president of romania was removed after 20 years in power. as welling a the shaw of iran and. we are getting hundreds of emails about a stor story we brt last hour. shannon bream work on a story on a group of psychiatrists who are working to make pedophiles more acceptable in society. she is speaking with a doctor who was treating pedophiles he knew were abusing children and he did not report that. she'll join us the second she is done with that interview with an update on that story you will hear within the next 20 minutes. we just got an update from the national hurricane center saying

irene is gaining strength. janice dean on the storm track and the potential for damage as far north as new england. we heard a barrage of recent attacks against the tea party. one member of congress telling them they can go to hell. another member of congress jumping on the bandwagon. >> the real enemy here. the real enemy is the tea party. hey, the new guy is loaded with protein!

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: a few point attacks turning into a barrage against the tea party. democrats increasingly critical, especially members of the black caucus including maxine waters who said they can go straight to hell.

fredericka wilson warning them not to complain about president obama. why? listen. >> he has serious issues because these are serious times. our real concerns -- let many all remember who the real enemy is. and the real enemy is the tea party. [applause] >> there is no compromising with them. there is one goal in mind,. megyn: the chief strategist for the tea party express, sal, we heard the comment from maxine waters, now we heard from wilson saying the tea party is the real enemy. we heard barbara boxer the senator from california talking

about hostage takers referring the tea party and jesse jackson said the tea party should be called the fort sumter party that out to preteblght slavery. >> what we saw in this last congress is people are fed up with the excessive spending and the debt. i think 70% of mayor cans think the spending is excessive and our debt is excessive. president obama and the democrats had two years, big majorities in 2009 and 2010. they continued to grow the debt and burden us with taxes and regulations that slowed down the economy. megyn: why are folks -- these democrats we are talking about making the tea party -- there is an ideological difference, but why are they making you public

enemy number one? >> when you are losing the argument, the american people want to see some control of our spending and they want to see our debt being brought down. they want to see pro jobs economic policies developed and they are not getting that. so the democrats are desperate on the wrong side of history. so the only thing they can do is to make vicious and untrue and fabricated attacks and try to raise the venom level so they can drive their people to get agitate, special interests that want big spending from the government, all the people that depend on government financing, they are looking to those people to get motivated. megyn: these folks who we have been hearing from the past few days speaking in some poorer districts, folks i think in the maxine waters event, she asked them to stand up if they knew someone who was out of a job and almost everybody stood up. do they have a point that the

tea party has said no to extension of unemployment benefits, to the healthcare law, to other sort of public works programs that some democrats want to see extended. on principled growfnlds no more experiencing and so on. but their point seems to be those are causes they believe in and the tea party lacks a heart. to them you would say what? >> i would say that's bogus. what they are saying is the government is the engine that drives the economy and that's just false. it's the private sector and small business that driefts the economy. so -- that drives the economy. so our policies in washington shouldn't be to have more government programs. but our policies in washington should be to encourage capital formation so you have investment so you can hire people and create jobs. we want economic growth. the tea party firmly stands on the side of pro growth policies

that create greater prosperity and provides a ladder of opportunity to all people. megyn: to hear you espouse your positions on the issues and spell out the principles of the tea tea party is interesting. why do you think critics are taking this fight -- as opposed to saying we have differences with the tea party, we don't agree with sal. why are they not doing that? why are they taking it to you can go to hell and you are the enemy, you are the tea party that supported slavery? >> i have known maxine for many years since she was a state legislator in sacramento. she believe in a big powerful government. she sees herself on the wrong side of history. people don't want to keep spending and growing the government and skyrocketing the national debt. she can't win on the merits of the argument.

so the only thing she can do is try to scare her constituents and scare those people who are on government resources to think they will be taken away. they will be taken away because people will have better economic opportunities. they will be able to have jobs instead of welfare. we want to grow this economy so there are plenltful jobs. that -- so there are plentiful jobs. let's get our fiscal house in order. megyn: does the name calling bother you? >> no one likes the name calling. i think the democrats and president are remiss in not condemning that. we condemn when people get carried away to the tea party side. we condemn that. the rhetoric gets excessive. everybody has the same talking points. i think the president ought to man up and say this is wrong. he should be the president of all the people, not just the people who want big government.

megyn: some of america's most powerful unions out with a new plan to help get democrats and president obama reelected. we'll show you have the blue print just ahead. plus it is nearly 10 years since the 9/11 terror attacks. now we have gotten a look inside the reconstruction of the world trade center. we are live in lower manhattan. p w [ 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. at our kearl project in canada, we'll be able to produce these oil sands with the same emissions as many other oils and that's a huge breakthrough. that's good for oucountry's energy security and our economy.

megyn: america is just weeks away from marking 10 years since the september 11 terrorist attacks. we are getting an up close look at the reconstruction of the world trade center site.

laura ingle is at the site. >> reporter: the media got a progress report on the ever-changing construction site. we have brand-new video we took just an hour ago. the museum portion won't be open until next year but the national 9/11 memorial will be dedicated to the victim's family on the 10-year remembrance. the public will be able to see all of this for the first time where the growth of trees has come to life and the heart of the memorial will be up and running. the brass walls of the pools have the names of those lost which took nearly a year arrange and were not listed alphabetically, but wrather in groups. >> these layers reflect where they were and who they were with. whether they were coworkers,

best friends, family or simply those, their loved ones now know spent their last moments together. >> reporter: the public will see that next month. here is a live look at one world trade. now up to 80 floors. one question that came up is about the building's quake readiness after the rumbler on the east coast. we are told all the buildings are being built beyond code in new york and something that has never seen before in the united states. so a lot of care has gone into this and everything is safe according to the developer and architect. megyn: here is something new on foxnews.com that you can check out. a new e-book that will allow readers to explore the world trade center site. a digital only enhanced e-book, "rise of freedom, the new world

trade center." the national hurricane center ramping up its warnings about hurricane irene. janice dean in three minutes on the new track and new concerns. a fishing trip turns into an adventure on the high seas after a little boy and his father make a rare catch. >> oh, yeah. oh, yeah, daddy. that's a big boy. in one daily d. new citracal slow release... continuously releases calcium plus d for the efficient absorption my body needs. citracal. 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. [ male announcer ] get ready for the left lane. the volkswagen autobahn for all event is back. right now, get a great deal on new volkswagen models, including the jetta, awarded a top safety pick by the iihs. that's the power of german engineering. hurry in and lease the jetta s

for just $179 a month. ♪ visit vwdealer.com today. a living, breathing intelligence that's helpi drive the future of business. in here, inventory can be taught to learn. ♪ machines have a voice. ♪ medical history follows you. it's the at&t network -- a network of possibilities... committed to delivering the most advced mobile broadband experience to help move business... forward. ♪

megyn: fox news extreme weather aalert. we are hearing the forecast track on hurricane irene has been upgrade. it could make landfall as a category 4 storm. 80 million people need to be watching this. >> reporter: just called the husband. we are look at generators. this is an intensifying storm as we speak. the 5:00 p.m. advisory might have this as a category 4 storm. a cat-4 would be above 131, and you can see that defined eye there and all four quadrants are

filling out nicely. hearts and brairs to those act bahamas. they are going to take a lashing. cat-3, cat-4 as we move into thursday. as we head into the weekend rushing over or on top of cape hatteras. but anywhere within this cone of uncertainty could bring the potential for tropical storm-force rains. we could be talking about 6-12 hours of tropical storm-force rains for the i95 corridor. we haven't seen a hurricane of this magnitude in decades. megyn: you are talking saturday and sunday north carolina. >> reporter: there is a 200-smile discrepancy between this koafn uncertainty.

a little to the west, moving off to sea or bad moving onshore. megyn: that's the best we have it 2:30 eastern on a wednesday. north carolina already posting evacuation orders as folks are starting to take the storm threat seriously. downroberts live from a north carolina beach. report report surf will get even bigger towards the end of the week. they have started evacuations on ocracoke island. the only way on and off is by ferry. people started vac walk it at 5:00 this morning. no orders for evacuations yet on atlantic beach. they are watching the track very, very closely. they know the damage a big hurricane can do. here is what the hurricane told me. >> i heard stories of hurricane hazel in 1954.

if i'm not mistaken katrina was a category 3. >> reporter: 1954 hurricane hazel created an awful lot of damage here. people on the beach trying to enjoy what they can. if an evacuation order were to go out, they would have to leave. i talked to a woman to drove 16 hours from 346 michigan. she wanted to at least dip her toes in the ocean. here is what she said to me. >> this is my one week off and there is a hurricane coming. i'm right on the marina. the neuse river. it's a lovely place if there is not a hurricane coming. >> reporter: the forecast track takes it 60 miles east of us. but as far away as it is, just a little tick like that and we could make direct landfall here

atlantic beach. megyn: to the campaign trail where the nation's most powerful labor group is gearing up its fundraising in advance of the 2012 election. the afl-cio is launching a committee to advance union cause. the unions spent $400 million helping to elect president obama in 2008, reportedly another $200 million in the mid-term buzz their new goals may be bigger. the chief of staff of the utility workers of america and the former chairman for the republican party of virginia. and young america's foundation. keefe it up why some republicans are aghast at this. >> the irony is in 2010 when this decision came down the supreme court between citizens united and the government saying

unions could contribute unlimited resources. the afl-cio was on the front lines protesting this. saying it will give more influence to corporations. now they are taking more advantage of it than anyone. it's estimated they will be pouring about a billion dollars into obama's reelection efforts it's fine because everybody has a right to have a voice. and it will take lot more than a billion or 2 billion as his approvals go down well under 40%. megyn: is there any hypocrisy with the union taking that position? >> absolutely not. the republican-controlled court changed the rules in the citizens united case. the afl-cio are making sure workers voices will be heard. we'll not be able to compete with karl rove's american crossroads or with americans for

tax reform. the chamber of commerce. we won't touch what they have raise and what they spend. but we'll at least make sure that workers know the truth about this election. we have been doing this for a long time, communicating with our members about who's on what side of the issues. what has happened just recently is that the citizens united decision has given corporations, not just people, but corporations, free speech rights. and in fact they stead corporations in america are the same as individuals. and allowed them to spend as much -- megyn: when it comes to free speech. >> that many right. so we are just responding to the new reality. megyn: what of that? according to a report i read in "the new american" which is a

publication that leans right. they say american crossroads and club for growth have raised $4 million for the upcoming election. $4 million versus $400 million, it many not that impressive. >> they will raise more than $4 million but nowhere close to what the afl-cio super pac will raise. we saw during the recall elections, he saw the unions pour $15 million trying to take those six seats back, they lost all but two of them. so basically -- it's just message that the democrats are not going to be able compete against. it's their last ditch effort as union number ofs go down into the tank, as they see hundreds of thousands of jobs lost in three years in wisconsin before governor walker came in, and now they have 9,500 new jobs just in

june after these reforms have been implemented that have the unions up in arms. basically we are seeing the impact. and no amount of money will bible to stem that tide. megyn: stuart, i'll gived the last word. >> in those senate elections in wisconsin, $40 million was spe spent. and we won four of those 7 elections. you can't leave out the fact that republicans tried to recall two democrats. we saved both of those seats. two of the republicans were recalled and we are going to recall scott walker in wisconsin. >> good luck with that as we their economic condition turn around. i would much rather have the grassroots tea party movement on our side. megyn: now we have to go. i appreciate you both being here. stuart all the best to you. kate, you, too. up next shannon bream on her investigation into this group of

psychiatrists who think pedophiles should be treated better by society. plus he was busted by the nbc series "to catch a predator" after traveling 100 miles by bus to meet someone he thought was a 13-year-old girl. he was acquitted because a judge said he was entrapped with the court's apologies. but is this guy a victim? in "kelly's court." ♪

with diabetes, it's tough to keep life balanced. i don't always have time to eat like i should. and the more i focus on everything else, the less time i have to take care of me. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help ler a1c. glucerna products help me keep everything balanced. [ golf ubs clanking ] [ husband ] i'm good! well, almost everything. [ male announcer ] glucerna. delicious shakes and bars. helping people with diabetes find balance.

host: could switching to geico [ male announcer ] glucerna. delicious shakes and bars. reon car insurance? or more host: do people use smartphones to do dumb things? man 1: send, that is the weekend. app grapgic: yeah dawg! man 2: allow me to crack...the bubbly! man 1: don't mind if i doozy. man 3: is a gentleman with a brostache invited over to this party? man 1: only if he's ready to rock! ♪ sfx: guitar and trumpet jam vo: geico. 15 minutes could save you 15% or more on car insurance.

megyn: now an update own a story we brought. an hour ago we told you about a growing controversy surrounding a group of psychiatrists who are working to make pedophiles more acceptable to society. shannon bream just interviewed one of the doctors pushing for this change. >> reporter: he's an associate

professor at johns hopkins university. he was the keynote speaker where this group coming together to re-define what pedophilia means was pushing their agenda. he says i was a keynote speaker, i didn't agree with everything said there. he says the problem he sees is the way the psychiatric aassociation defines pedestrian nil yeah, they demonize people. he said there were people actively pushing for this change who say they do think it's okay for adults and children to have some kind of sexual relationship. there were people at that conference who held that position. he said i didn't want to demean them when they spoke up. but i personally do not agree with that. megyn: shannon, thank you. while on this topic, "kelly's court" is back in session. on the docket, to catch and release a suspected child

predator. >> the next man you will meet needs little encouragement to take off his clothes ready to jump in the hot tub. megyn: arrested after being interviewed by nbc's to catch a predator. the former navy sailor traveled 100 miles by bus planning to meet someone he thought was a 13-year-old girl. turns out he was chatting online with a decoy. he was just eave quited because the judge found he was entrapped. concluding he never intended to have sex with the 13-year-old girl. his attorneys claim was just there to quote cuddle with her and watch a movie. now his family says they are going to sue nbc, and others, but could they possibly win that lawsuit? let's ask our panel. former prosecutor jonna spilbor and mercedes colwin.

could they possibly? >> i can't even imagine. forget this justice system and forget this judge. release that perp to a group of mothers and we'll take care of him. i can't believe his family has gall to bring this case. he said my private parts are shaved so you won't get hair in your mouth. how old was the last person you had sex with. and all of this online chatting. there is no intents to have sex with this 13-year-old. he's half naked. let's go into the hot tub? is he going to cuddle her in the hot tub? did he have some say he shaved his private parts tonight's outrageous. megyn: that's a good question, her save dees. >> i agree the allegations are gross. but let's remember there was no 13-year-old girl. the 13-year-old girl -- megyn: but he thought there was.

>> allegedly of thought there was. but the judge claimed he was essentially entrapped and the group behind this case lacks credibility. megyn: explain what that means. >> entrapment in the eyes of the law means getting someone to commit a crime that they had no predisposition to do. in this case this defendant had no criminal history. a lot of the defendants on "to catch a predator" had no criminal history and because he was chatting online with an adult he was essentially entrapped. megyn: no one forced him to meeting with a girl he thought was 13 years old. he admitted to the detective he thought she was 13. >> he goes on this 110-mile bus ride to meet this 13-year-old to watch movies and cuddle with her? megyn: how is he going to file a lawsuit? >> the jury is going to say the

judge got it wrong. he's a fool, because the protections he will have in the criminal court, his deposition and testimony, he will be compelled to testify under oath and detail in full detail the motivation, what he wrote, what he said, and by the way, that online chailts off. i went on the internet to look for it. it's off. he's got to shoift many par -- s got to show it's part of his evidence. megyn: the guy testify is totally innocent and had no intent, his whole life has been turned upsidedown. this parents say they have spent $100,000 trying to defend him. the jurors were ready to take the case. the judge said you don't get the case. it's so clear the guy was entrapped.

the jurors said they felt bad for him. his life lad been ruined. they thought this perverted justice nbc partners with on this overstepped its bounds. that steaks volumes. >> that will probably be the reason why he will get some money in a civil lawsuit. his claim should be it's one thing to catch a predator, it's another thing to concoct one. they essentially created this crime. an wasn't a criminal. megyn: none of us could be entrapped -- forced into agreeing to meet a 13-year-old. >> even if he said look the decoy -- but the 13-year-old was bringing up the subject matter of intimacy and sex. you are the 21-year-old having this conversation with who you believe is a 13-year-old, disengage and say this is not the type of talk and pull out because you are the adult.

don't say you were entrapped because the subject matter was brought up. megyn: the family says they are going to sue nbc in particular for more than $100,000. one final word. this guy doesn't sounds like a victim to me. he admits he knew the girl was 13. he wanted to eat fruit off of we'll be right back. ow easy it s to use legalzoom for important legalocuments. so start your business, protect your family, launch your dreams. at legalzoom.com we pu.

megyn: a father-son fishing trip off galveston island turned into one wild ride when the dad reeled in a 7-foot shark and the big catch caught on tape. animal lovers upset but the shark lived.

>> reporter: they are in a kayak battling a 7-foot shark. look at that thing. they are in the kayak, they are out in the water for three hours. just about to call it a day when as you can see dad got a big bite. that's a 7-foot black-tipped shark. hunter was concerned the shark might tip the kayak. >> last one? >> there he is. full body. >> nice, isn't it. >> okay. >> one, two, bye-bye. that's recorded. a large shark. >> reporter: that is a cool, calm, collected 9-year-old.

they took some video. took a couple cool pictures and released the shark. you heard hunter say one, two, bye-bye. here is hunter and his dad, listen. >> you notice i don't put my fingers anywhere near the business end. >> i did touch it. it slapped me in the face. its tail slapped me in the face. >> reporter: hunter, by the way, wants to be a marine biologist. my guess is he will be a pretty good one. that is one unflappable kid. megyn: i have gone swimming with a shark. and there were black tipped sharks and there was not one like hunter, one. 30. 30. they yelled shark and we jump into the water. take that. >> reporter: i saw a dolphin while out paddle boarding and i

almost had a cardiac arrest. arrest. megyn: up next an update on irene. don't go away. map 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! 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. 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,