look at the waves before hitting the shore. don't go swimming i guess is the message there. you can see the early affects of hurricane irene. it's tracking towards the east coast and it's supposed to brush florida and head up this way. still some uncertainty, the cone of uncertainty is still there reurbgz we'l. rick: we'll keep our eye on it. thanks for joining us everybody. jenna: "america live" starts right now. megyn: between 60 and 80 million americans now in the path of hurricane irene in what some forecasters are calling, quote, the worst case scenario. welcome to "america live," i'm megyn kelly. in less than an hour we will have new data on irene's strength and paths. all the models we have been watching showing the hurricane taking the most dreaded path as of today. hugging the eastern coastline

hitting everywhere from miami to boston. it is going tpob the most powerful hurricane to hit the east coast in two and a half decades. governors declaring states of emergency ahead of the coming storm. we have live team coverage of this monster. phil keating near the eye of the storm in the bahamas. first we go to janice dean to track when, where and how hard irene is going to hit. >> reporter: worst case ka of satisfactory tpha*eur kwroe, i didn' scenario, i think we are dealing with a hurricane that will affect 65 million people. it's a category 3 storm. going through fluctuation here. ahead of it extremely warm water. some of the warmest water it will have traveled.

we could see some strengthening maybe up to a category 4 storm. you can see the eye on the satellite imagery. if you don't know any better you'd think it's making a beeline for florida, okay, folks in florida, you're not certainly out of the clear, you'll see rand bands, and winds and surf. it's going into the outer banks. north carolina you need to be making your preparations right now. saturday night into sunday, there is cape hatteras and that cone of uncertainty. i want to point out the forecast models that we look at that make up this cone of uncertainty are all coming to agreement. we are going to see a landfall across pourings of north carolina or south carolina over the next 24 to 48 hours. as we need up to the northeast look at this. that's a category 2 storm, the chesapeake bay up towards new york city, that is long island one of the most vulnerable places in the u.s. top three, because parts of long

island or at or just above sea level, so storm surge, flooding could be -- i don't want to say catastrophic but i'm close to it if we're dealing with a category 2 or one storm. it could be devastating for parts of long island and up to new england. all the big cities, millions and millions of people affected here. know what your plan is now because we'll start to hear about evacuations in the low-lying areas that will be affected by the storm. i've had people come up to me today and go, what should i be doing right knew? well you should be preparing and make sure that you have all of your necessities at home. if you're going to have power outages they could be for days. you might not have transportation into work. these are all the things you need to think about. east coast impact is real quick. the threat of tornadoes up and down the coast, and anywhere from 500 to 60-mile pen hour an hour winds for an extended

period of time. power outages, trees down. this is not me sounding alarms. this is real. megyn: janice dean, thank you my friend you've been doing great work on this. irene bearing her teeth in the bahamas slamming the islands with winds, heavy rains and powerful rains. phil keating is live for us there. >> reporter: the eye of hurricane irene now a hundred miles or a little bit north of that north, northeast of nasa. this morning pre sunrise mornings winds and rains were actually pummeling this island and have dissipated to winds of 30, 35 miles an hour. it has turned into a strong stormy day rather than a hurricane it felt like this morning. the bahamas, 80% of the homes in an area called lovely bay

flattened by this category 3 hurricane early this morning and overnight. taking a look at the large satellite shot of this mammoth storm it's more than 400 miles wide from edge to edge. even though florida was breathing a sigh of relief as the change in direction of this kept it off of florida, you can see it's so huge that it's still a very dangerous day in the surf in the coastlines along florida. hollywood, fort lauderdale airport april miami's airport have canceled more than 200 flights today. back in the bahamas east of us one weather station reported a gust of 143 miles an hour for everybody up on the east coast who will soon with a morning like we had today, expect a pummeling, it was a ride, that is for sure. megyn: evacuations are underway at this moment on north carolina's outer banks. tens of thousands of people are packing up and getting out of irene's way. north carolina's governor declaring a state of emergency

nor counties east of i-95 urging people not to wait until the last minute to evacuate. >> let me repeat that again, irene is a big storm, she is packing a strong wind, perhaps 115, 120 miles an hour. we know there will be strong surges regardless of how close she comes to our coast. we are asking people all over eastern north carolina and coastal regions to take this storm very seriously, and to begin to implement their plans. megyn: for many in north carolina today was supposed to be the first day of school. many district canceled classest so families could get on the road before this thing hits. florida is obviously the closes state to irene right now. here is a live look at daytona beach. the oncoming hurricane kicking up powerful winds and waives. even more turning out at cocoa beach which sets on the

florida's sent aleast coast. the eye of irene is a ways off-shore, it is expected to pass florida late tonight as it needs directly toward the carolinas. let's break it down in terms of the power of a category 3 hurricane and the damage it can cause. we are looking at winds of 111 to 130 miles an hour. irene is clocking at 115 miles per hour in terms of its winds. that is enough to cause serious damage to roofs, outer walls and bring down some trees. it would likely cause extensive damage to mobile homes. and we'll see flooding in low-lying areas, areas that are near or just above sea level. we are tracking the strength and path of this hurricane around-the-clock here on fox news channel and foxnews.com and we'll get an update on the top of the hour at the latest storm track. 2:00pm is when the latest advisory comes out. during this hour we will talk to the national hurricane center on what they are expecting over the

next few hours. don't miss that. the number of americans seeking unemployment benefits ticking up yet again rising by 5,000 to 417,000 last week. but there is an important footnote to that number. the total included about 8500 verizon workers who walked off the jobs. unions ended the strike earlier this week. typically workers who walked off the job are not eligible for benefits but states have rules that govern disputes. what do they have to say about the unemployment numbers now? i spoke with a number of them minutes ago. >> i think about the american jobs going overseas. why is it okay for businesses to out source and take our jobs, especially at a time like this. but so cushion, and give them to people overseas? megyn: much more on that coming up in our next hour. we've also got breaking news from the streets of teupz liby

teuptripoli, libya. rebels say they have moammar qaddafi surrounded. all reports say he is in the city of libya. they went into a bunker in his compound. here is new video of the underground safe house. a network of corridors with debris full hallways. they are using it as a staging area to didn't weapons and deploy fighters now. steve harrigan streaming live from tripoli today. >> reporter: there are three pockets of fighting going on around the tripoli capitol. around several apartment buildings some rebels have said they are firing at moammar

qaddafi and his sons. they say they have them hold up. a moammar qaddafi spokesman has denied that. so far no proof that moammar qaddafi is actually in the mulling. he released an audiotape calling the rebels rats and calling on his followers to purify the city of tripoli. a bounty on moammar qaddafi by a businessman has grown to more than one million dollars. as far as the hunt for moammar qaddafi is being aided by nato forces as well. british reconnaissance and intelligence from nato will be used to try to help the rebels track and capture moammar qaddafi. megyn back to you. megyn: coming up a terrifying first day of school. [screaming] megyn: a bus full of students catching fire and then exploding. how the children got out and what set this off in the first place. wow.

police in aruba just releasing brand-new photos of missing american robyn gardener. why they are now putting out what they think are the last note owes that were taken of her alive. forecasters warning irene could be the worst hurricane to hit the east coast in new and a half decades. why is the governor in north carolina worried about people not getting the message. >> let me repeat that again, irene was a big storm. i was dismayed when i saw that many of the ferries were empty. people on the island need to take this seriously because it's hard to get off if the ferries are full. like the leap of faih you never took. but there's one opportunity that's too good to miss. the lexus golden opportunity sales event. see your lexus dealer. the charcoal went out already? [ sighs ] forget it.

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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: we are about 45 minutes now from new information on the track of hurricane irene. a hurricane watch is in effect all the way up the coast near

north carolina. in the meantime communities all up and down the east coast are bracing for trouble, including new york city. here is new york meijer michael bloomberg earlier today. >> unfortunately there is a element of unpredictability when it comes to the weather, so we hope for the best but we prepare for the worst, and that is why this city is, i think, ready for this weekend. megyn: in ten minutes we'll have a live report on the preparations now underway in north carolina, which is likely to be irene's first target. thanks to a sharp young man with a camera we have exclusive video from iowa of a school bus bursting into flames annex pleading as dozens of children scramble to safety. watch this. >> the fire was huge. they actually came out and busted the back door open so people in the back could get out. >> someone called me and said i

saved everybody's life. megyn: this was their first day of school. now people are calling some of these children and the bus driver heros. trace gallagher has more live from our west coast newsroom, trace. >> reporter: you look at those pictures there are really two reasons why this was not an all out disaster, one the quick actions of the bus driver, and two those evacuation drills the students practice year in and year out. the bus driver, this was just outside des moines. the bus driver was driving along and noticed smoke coming out of the engine. he pulled over and then the smoke turned to flames and then those flames began spreading like wildfire. he tried to get the kids off the bus as quickly as he could. two other students came in who weren't even on the bus and they broke out the back window to get students out that way. i want you to again listen to the explosion and then the reaction from some other students who were scrambling to get off that bus. play this. [sound of explosion] >> all the smoke started coming out more, and it caught on fire

and it kept popping, like the gas part or something and the fires were popping. it was horrible. >> people were screaming, like they all said, we're going to die, we're going to die, but we all came out fine. >> reporter: they all came out fine but there was a very close call, you're talking about popping, she heard, pop, pop, those were the two front tires that blew first and then the gas tank exploded. the reason they are telling us this thing caught so quickly is because all the seats on the bus are made primarily of wood bolted down by metal and all the fabric covering them turns out to be pretty familiar label. the bus driver said, and i'm quoting here when this happened, we are in deep, deep, trouble and those kids very nearly were. nobody injured in this incident just outside des moines, megyn. megyn: that could have been such a disaster. thank god. trace, thank you. new pictures of an american

woman missing in aruba. prosecutors deciding to release the last photos of robyne and gary giordano who is now in police custody. we are taken as gardener left a restaurant on the day she disappeared. prosecutors are also releasing this picture of the toyota rav4 the couple rented. giordano who traveled with gardener to aruba report heed her missing four days later. he says she disappeared while she was snorkeling but police have a loath of questions about his story. megyn: hurricane irene will affect 80 million people in her path. $00,000 national guard troops are ready to respond. plus, there is this message today from the gop. the sent he will sounds of waves

at martha's vineyard. the soaring of the public debt. joe trippi is here. we'll ask him if the debt is hurting the president. are the chinese trying to scare the u.s. out of the region? we'll have a live report from the pentagon.

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megyn: fox news weather alert. we are tracking hurricane irene awaiting new data on her path. it is wreaking havoc in the caribbean. it's expected to batter north carolina and then continue up the east coast saturday on forward. emergency management officials say it is crucial to find out if you are in an area that will

need to evacuate. make sure that you have a safe place to go before hitting the road. now, now, now is the time before the storm hits and danger approaches. we'll have a more specific update on the storm's path in about a half an hour. well the republican national committee not pulling any punches hitting a vacationing president obama hard over our nation's debt crisis. take a look at what they just put out. the sound of waves lapping on a martha's vineyard beach complete with a debt watch act that is updated daily. the national debt is more than $14.6 trillion right now. about a $4 trillion-inch crime scenes since president obama took office, or about the same amount the debt rows during president bush's eight years in the white house accomplished in just three years. of course president obama has been dealing with an economic

crisis, but back in 2008 when he was running for this job he said this about president bush and debt. >> the way bush has done it over the last eight years is to take out a credit card from the bank of china in the name of our children, driving up our national debt from $5 trillion for the first 42 presidents, number 43 added $4 trillion by his lonesome. we now have over $9 trillion of debt that we are going to have to pay back. $30,000 for every man, woman and child. i feel responsible. it's unpatriotic. megyn: joe trippi is a former howard dean campaign manager and a fox news kr*t contributor. joe, good to see you again. that sound byte is picking up traction on tv and the internet because we've topped the $4 trillion mark in terms of what president obama has added to the debt while he's been in

office. how bad is that contrast? >> well it's a totally different situation. i mean i think what he was referring to at the time is we had gone to war in iraq, we are literally borrowing the money to pay for it and giving tax breaks to the wealthy. you know, it was racking up debt and we weren't creating anything with it. i think the problem as obama came in he had to do something to stimulate the economy, and i think where that is not paying off right now for most americans is, they are concerned it hasn't created the jobs that people hoped for with that kind of spending. but the situations are completely different i think. megyn: but, you know, to the average person sitting at home, you can parse it as someone who is immersed in this stuff neck deep. do you think at the average person at home they are going to look and say, i him back then because he seemed like sun who would put an end to the reckless

spending during the bush years, and now i see he hasn't done that. >> that's definitely right, and in the end, so, it's going to be are jobs created? do we start paying down the debt? and that's where the rubber needs to meet the road here. i think the thing about the vacation, look, when i was in howard dean's campaign we ran ads against bush having a vacation in crawford, tech as, while our troops were in iraq. that is standard fare. i think in the end what is going to hurt if you don't turn the economy around and get jobs moving here the deficit is going to -- people understand the debt if the economy is starting to turn, they don't understand more spending that doesn't do that. and there are ways for both parties to come together, tax credits, other things that might start creating jobs, and get the deficit down. megyn: wouldn't that be nice. let me ask you about that ad. do you think that kind of thing,

so you say you've done it yourself in the past, do you think that appeals to anybody but the party loyalists? i'm sure that the republicans look at that ad and think it's great. do you think that is actually going to win any hearts or minds of democrats or independents. >> no it's not. in the dean campaign we spent a hundred thousand dollars in the ad in crawford and i think we raised a million dollars from people who contributed because they thought it so cool to call president bush on his vacation in crawford. megyn: you think it's about getting the party loyalists to open up their wallets. >> absolutely. i think it's doing well on the fundraising tree for the gop. megyn: president obama takes you back, that sound byte to the perception of him when he was running for this job versus where he is now. that was a time when we were coming off record spending. if you afrpbld it out during the president bush years, 96 months in office and he had a

$4.9 trillion debt. an average of 51 bill dollars. and obama's charge monthly rate is 129 billion. people now, even though they say, i inherited all this stuff and i had a bad economy, how is he going to go into that same election with the same mantle of restraint. can he? >> i don't think the fiscal restraint is the way to get there. it's to get jobs turning. bush' spending helped create the tea party within the republican party. fiscal conservatives were so concerned about the rapid spending that obama was talking about there that they started repweblg against the establishment and the republican party. that's what created the impetus for the tea party. obama has accelerated that with the spending he has done to try to stimulate the economy. that's why i think you see the tea party so strong within the

republican party right now. megyn: let me ask you a quick question. given that, when the tea party began and what sort of gave rise to it. what do you think when you hear people like maxine waters saying they can go to hell, and this other democratic congresswoman, they are the enemy, and people suggesting that it's got some racist foundation that is about hating obama, president obama versus just hate debt? >> i think there are individuals in the tea party that go off in different directions, but the fiscal sanity demands of the tea party are actually speaking i think to a lot of concerns of a lot of americans across the political spectrum, and i think it's a mistake for democrats to demonize them on that basis. megyn: joe, trippi, thank you, sir. >> thanks, megyn. megyn: hurricane watches in effect right now in north carolina. here is a live look at kitty hawk where you see families evacuating right now over the wright memorial bridge. the tow the bridge the wright

brothers made famous. you heard from the president's own lips if you like your healthcare coverage you can keep it. a new survey showing the president may not have been quite right about that. details and the debate coming up. >> it's going to be very, very exciting, but we have to pass the bill so that you can find out what is in it away from the fog of the controversies. l constipation, diarrhea, gas and bloating. with the strains of good bacteria to help balance your colon. you had me at "probiotic." [ female announcer ] phillips' colon health. 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.

megyn: 1:33 here in the east. we were awaiting an update on the path and power of hurricane irene, which will hit the united states mainland within 48 hours. in north carolina evacuations are underway. the order to pack up and get to safety went out this morning. john roberts is standing by live in the town of kitty hawk, north carolina where this thing is expected to hit. john. >> reporter: good afternoon to you. what you see behind me is the wright brothers memorial bridge, that is the only way off of this part of the outer banks. there are really two roadways to get off. the order to evacuate went out last night. 150,000 started doing that this morning. you americansed the hurricane track update coming up in a few minutes time. it's not something they are liking to see on the outer banks, it's slowly been ticking to the west every time a new advisory comes out. i talked to the mayor of kill devil hills, part of the outer

banks about that change in track. here is what he told me. >> that is not good news for us, the track had been trending to the east for a few days and we were hopeful that that trend would continue. now that it's back to the west they are on a deadline up the middle of the outer banks, that makes us very nervous. it fills me with anxiety more than every other storm. i've been here 30 years, this is one we are taking very seriously. >> reporter: they are take being it seriously which is why you see awful these people heading for higher ground. it's not only going to affect tourtists, cutting short vacations, but the businesses that rely on the tourists will be hit hard as well. we dropped by omaha a quans on the way throughout interbanks. they will probably not see any business this weekend and depending on how hard it hits they may not see any business for the rest of the the year. we talked with the owner and what he's expecting over the next 7 # hours. >> we've had a really killer summer, we will i good numbers, all of a sudden this thing comes

up and will impact the economy down here. we'll lose one of our 12 or 14 weekends we have to make money. >> reporter: you know, the businesses that are really booming now, home depot selling supplies to board up houses and people who are contracted to board up the houses. we talked to one contractor a little while ago, he says this one looks like it's a storm that could change the landscape of the outer banks. megyn they are going to take a very hard hit here. megyn: john, thank you, wow. well the president said it over and over again, if you like your health insurance you can keep it. a new survey races serious questions about that promise. nearly one in ten mead to large companies surveyed recently say they expect to ditch their healthcare benefits for their employees once key provisions of the president's new healthcare law take effect in 2014. so what does that mean for businesses, workers and our economy? ben ferguson is the host of the ben for us son show. and simon rosenberg is director

of the progressive think tank ndt and former adviser to president clinton's campaign. gentlemen, thank you for being here. this is not what anybody really wants to hear, whether you support the president and this law or not. but the suggestion is that nearly one out of every ten mid to large-size employers expects to stop giving their employees healthcare coverage now in the wake of this law. >> i think it's going to go higher, because the finest that the president has put in his bill are obviously put there to entice people to get rid of the private sector and jump on this government plan. megyn: why do you say that? >> well, you can pay the fine and it's probably going to be less expensive to the company than it would be if you offer private insurance. a lot of small businesses right now that are already penny pinching. you know how big of a deal it is to have benefits as an average american out there. you need health insurance. if they can get it from the government for cheaper than what it cost them on their bottom line, pay a little fine you'll

have government healthcare for everybody. i'm a small business guy, and you look at the bottom line, a lot of americans will be forced to be on a government fine even though the president said you can get your own. if it's too expensive get what you're going to the government plan and that's sad for america. megyn: do you think the employers are really going to do that? that's compensation. you'll have a lot of unhappy employees if they go ahead and do that. >> first of all megyn welcome back, it's good to see you. we missed you. i think ben is wrong. i think that companies that don't offer health insurance will be at a competitive disadvantage against their competitors. i think the finest are going to be substantial. even this survey showed that only 8%, one out of 12 companies are even thinking about it right now. and i think, look, what we know about this healthcare plan is that it's not going to be perfect. we in that it's going to cut healthcare costs and cover more people. over the next ten to 15 jeers there will have to be tweaks.

if too many companies are opting out that will have to be addressed. i don't think it's as big a problem as ben is saying. companies that don't offer their own health insurance will be at an incredible competitive disadvantage to other companies that don't offer health insurance and i don't think they are going to do it. megyn: that makes sense, unfortunately is that no longer a reality of this economy? a bigger can't be a chooser, in other words? >> look at how many people are unemployed right now. that's part of the big x factor. people have been taking cuts in pays and benefits. there is a lot of leverage in the private sector right now with employees. you don't have the same ability to walk into your office any more to our boss and say, i deserve a good raise right now because i've been good. a lot of people are in and where they feel like they are lucky to have a job. if employers say look healthcare is getting too expensive this is a great way to wipe their hands of the situation and go, good news is you'll have to government plan that obama gave you and a lot of citizens are

going to say, i've still got a job and i'm happy with that. it's an easy out with a fine for these companies to get away from it and save a little cash, and that's not what the system should have done to give everybody really good healthcare and i blame the president for it. megyn: simon, let me tell you a couple numbers. it's one in ten immediate side employers expect to stop offering healthcare. another 20% said they are unsure what they are going to do. to what extent simon do you think these are ticked off employers who don't like the law, when given a survey say, no i'm ending the whole thing, but when push comes to shove they are not going to do it. >> i don't think we know what is going to happen. we do know way too many people in the united state today don't have health insurance. healthcare is too expensive for everybody. it's going up too much now. it's going to cut cost in healthcare. megyn: this is talking points in support of the law.

the employers are going to start cutting our healthcare coverage, people will start getting upset. >> there are a lot of employers that don't offer health insurance now and these are people that are just uninsured. the point is that we made a decision as a country to go ahead with this new healthcare plan several years ago. >> no we didn't. >> which is going to cover more people. >> i think we did. it became the law. >> the majority of americans said they didn't want it. >> ben, ben, so we're covering more people and we're controlling costs. megyn: we were supposed to be able to keep the coverage that we had. >> megyn, the american people said they did not want this bill, and the facts prove that and the surveys and the polling. the majority of the americans didn't want an overhaul of the system. what we should have done is you fix insurance and have it available at a fair price for people that are uninsured right now. you work with people with preexisting conditions maybe. the president went with too far everyone mandates has to have insurance. it takes away freedom of choice. you should have fixed the

smallish use and not done it for everybody. megyn: simon i give you the last word. >> i think we're going to have a better healthcare system. there will be tweaks along the way, i'm proud of what the president did. megyn: nice and pithy, thank you. nice guys, good to see you both. we've heard countless remarks from lawmakers and experts about our unemployment crisis and how to fix it. what about the average american who is really suffering? we here at "america live" sat down with some of them. >> your lifetime earnings and the money you had to spend in the marketplace just went down dramatically. what is happening right now is this big sucking sound coming even if you're cable of getting the job your lifetime earnings are being damaged. megyn: you don't want to miss what else they had to say about the challenges facing our country right now. plus, jersey shore no more? new jersey's governor now urging visitors to evacuate by friday. yeah we took that in a different direction, as hurricane irene barrels towards the east coast.

the latest update on its track in 20 minutes. >> before i entered the room i signed a declaration of a state of emergency already in anticipation of what is going to be happening. that will allow general reese to deploy national guard resources throughout the state immediately, and he has begun to execute on those orders, which i just signed. ♪ 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.

megyn: knocks news extreme weather alert. we are expecting brand-new information on the path of hurricane irene in moments. only the left you can see the massive swirling storm in the satellite image. on the right irene's projected path straight up the east coast via the i-95 corridor. tens of millions of americans in harm's way. bill reid is the director of the national hurricane center and i'm told has an update that aeu rean has moved late bit. bill, what do we know? >> irene has been moving to the north, northwest at about

13 miles an hour. since the last advisory has come out you can see that it's progressed further along the abacoe island in the northwest bahamas, pretty much right on the forecast track. no change in intensity, it's still 115-mile an hour category 3 hurricane. it will be exiting the bahamas late this afternoon, this evening, much to their relief and all eyes are going to turn to the carolyn a coast as it approaches there tomorrow and saturday. megyn: what is it about this storm that has everyone so upset saying it's the worst case scenario and take this seriously and evacuate and get prepared. it seems like there is more concern about this hurricane than most. >> i would much rather more concern than not enough. the main reason it has so many people concerned is for the past several days somewhere in this coroner here has been the forecast track of the eventual course of the hurricane as it comes northward out of the

tropics and up the eastern seaboard. we've had storms come up out of the tropics and stay off-shore which gets your attention but they don't have impact from it. this is going to impact everybody in the higher lee populated northeast. megyn: you're saying it's going to hit north carolina when? >> i think saturday is the big day for north carolina. friday night it starts deteriorating. and into saturday as the system crosses there the eastern portion of north carolina. then later saturday night into sunday as it comes up the east coast, and most of sunday the weather in new england is going to be horrible. megyn: is the storm going to be right over new england, just like signature on top of them, the eye too? >> that's still probably a bit uncertain, but as you can see how large the system is it's some what irrelevant. the storm is even going to grow bigger as it moves north. a lot of times we lose the eye per se like you see in the tropics, so you have a broad area of strong winds rather than

a small area of very intense winds, and that is what is going to cause all the damage and the very heavy rains across most of new england. megyn: how big is this thing now? >> well, if you could just visualize this whole area here and move it over texas, the cloud field fits almost the whole state of texas. megyn: think chance it will dissipate and not be a direct hit on the east coast? >> there is always remote chances after lot of things happening. i think it will start losing its intensity after it reaches north carolina, so the maximum intensity will go down -- science wise we're not that skilled as telling you exactly what the intensity will be further downstream. but that much energy and that large of storm and the environment it's in, i don't see any way you're not going to have a major affect up on the east coast as it comes through there. megyn: beginning saturday night into sunday. >> correct. megyn: and north carolina earlier than that. bill, thank you, sir.

>> you bet, take care. megyn: working hard down there. the national hurricane center, our thanks to them. former vice president cheney revealing a startling fact. how he and president bush were secretly prepared for a frightening twist of fate at a moment's notice. they say china is trying to prevent us from protecting allies. we are live at pentagon next. the charcoal went out already? [ sighs ] forget it. [ male announcer ] there's more barbeque time in every bag of kingsford charcoal. kingsford. slow down and grill. 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.

megyn: new information that dick cheney kept a prepared and signed letter of resignation while in office as vice president. mr. cheney says that he wrote the letter in 2001 and kept in it a safe in case of a possible health crisis. you may remember that he has a

history of heart disease. he says president bush knew about the letter, and so did a cheney staffer. it's all in his new memoir, the book called "in my time" is due ao out august 30th. a new warning from the pentagon. a report suggesting china's rapidly growing military is designed to muscle the u.s. out of the region leaving key u.s. allies to fend for themselves. national security correspondent jennifer griffin is live at the -p pentagon,. >> reporter: the report documents how china has expanded its move into spelt weaponry. it talks about the record number of space launches that china carried out last year and the expanding defense budget which rows by 12% last year with no explanation as to why china is expecting its defense budget. it mentions china's first aircraft carrier which started sea trials a few weeks ago, a sign of an expansion of the navy in the pacific. there is the mention of china's

involvement in cyberwar fair. they were the target of intrusions some which originated in the prc, the people's republican of china. they gave defense officials access to the tail of the stealth helicopter left behind during the osama bin laden raid. china's state run news agency blasted the pentagon report calling it an exaggeration, a smear, an attempt at scare mongering. here is a statement issued to fox news, quote, we've been against the u.s. side creating such a report as it has been a reflection of cold war mentality and used as a tool to spread china threat. we hope the u.s. will take practical steps to work with china for table and healthy military ties by following the spirit of mutual respec, mutual trust, reciprocity and mutual benefit. it's interesting that the report, megyn, which was five

months delayed came out just days after vice president joe biden visited china on a state visit. megyn: jennifer, thank you. well folks in moments janice dean will have brand-new data on the strength and path of hurricane irene. the last update showing nearly the entire east coast almost 8le 0 million people will be in the path of the storm. the new track three minutes away. this is what winning the lottery is supposed to look like, a big check and a big smile. so how did it all disintegrate into a death threat, a possible deportation, and now, of course, a lawsuit? that's in "kelly's court." texas governor rick perry may be the new favorite in the polls but he does not to be a favorite among the bush camp. moments ago he talked about that. we will bring it to you next. >> what is your reaction to what seems to be an anti-perry push among a number of the bush people. >> look, i've got great respect for the bushes. hey, the new guy is loaded with protein!

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megyn: fox news alert. the forecast many hoped and prayed would not come. the national hurricane center is saying irene is starting to track closer to the east coast. welcome to a brand-new hour of "america live." i'm megyn kelly. this was national hurricane center bill reid on this broadcast, five, 10 minutes ago. >> with that much energy and that large a storm in the environment it's in, i don't see any way you won't have a major effect on the east coast as it comes through here. megyn: irene is expected to slam into the tarheel state saturday morning. a category 3 storm pack

115-mile-per-hour winds, perhaps hitting the east coast as no hurricane has done in more than two decades. that's what the experts are telling us. we have complete coverage for you. janice dean, jonathan serrie. >> a new advisory just out as of 2:00 it's still a category 3 storm and the winds extending almost 300 mile from the center of the storm. so even if this storm doesn't come onshore, if it hugs the east coast we'll be dealing with at the very least tropical storm-force winds for thundershowers and 6 to 10 to 12 inches of rain. this email sums it up. this is from johnny. if i rode out hurricane ivan. my advice is to evacuate if you are told to evacuate.

if any way possible. we went 28 days without electricity in pensacola. nothing was in motion for weeks. prayers to everyone. if you are told to evacuate, you need to do so. do not ride out this storm. this is no joke at this point. so still a category 3 storm. you can see the well-defined eye there. florida getting the outer bands of rain and high surf. florida, you are escaping the wrath of this storm this time around. look at the precipitation we have forecast. 4-8 inches. that could be conservative depending on where the track of the storm ends up. we could get a foot of rain in some areas and a lot of this ground is saturated and it will be runoff, major flooding in these urban areas. as of 2:00 p.m., category 3 storm still looking that we are going to see two landfalls, won across the outer bank, possibly

cape hatteras. as we head up the east coast there is d.c., new york, a bull's-eye right in western long island, new york city, but we can't rule out a possible landfall across portions of southern new jersey. that area could be flooded very easily and storm surge will be a huge issue. long island, a lot of it is just at or above sea level. big deal. megyn: janice, thank you so much. evacuations and preparations are well underway where hurricane irene is expected to hit in less than 24 hours. jonathan serrie live from atlantic beach. >> reporter: though we are still under sunny skies and the center of the storm is still well out at sea, already we are seeing much heavier than usual surf. you can see surfers taking advantage of it. as we pan down the beach you can see a combination of residents and visitors taking advantage of

what may be one of the last days they can come and enjoy this beach. many visitors are heading the warnings to evacuate the outlying barrier island seeking higher ground on the mainland. over here you can see owners of the condominiums here have installed shutsers on their windows. they deployed the shutters protecting them from flying debris once the storm arrives over the course of the weekend. you can see behind me a few diehard visitors and residents taking advantage of what may be their very last day to enjoy on the beach before having to evacuate with the oncoming storm. megyn: jonathon, thanks. president obama getting updates on hurricane irene from his emergency management team and homeland security officials as he continues his vacation on martha's vineyard.

>> reporter: especially because he's on vacation the president is trying to be aggressive in showing he's on top of this storm. you saw what happened to president bush after katrina and what happened to his own administration after the oil spill in the gulf. they want to make sure they are ahead of this. he had an emergency management conference call with his homeland security secretary janet napolitano. there was a call with reporters after his call with the president coordinating with governors and local official on the east coast. in martha's vineyard they are preparing for the storm late sunday, the early wee hours of monday morning. the hardware stores are selling flashlights. but local officials are seeing a lot of people trying to race off

the island, go to their ferries earlier than expected. they say this is becoming a regular occurrence here every summer when the president comes. take a listen. >> we go through this once or twice a season. there seems to always be a hurricane event around this time of year. in the last 10 years it seems every time the president is here we have some hurricane scare towards the end of his time on the vineyard. >> reporter: the reason why folks are running to the ferries around here to get off of the island is that we are being told if you don't get onsomeone of these ferries by say early to mid-day saturday a bunch of them will be shutting down and you will be stuck here until tuesday or wedday of next week. the president has air force one. he's still planning to depart saturday. as for me, there are worse things than being stuck at martha's vineyard. megyn: but it won't be sunsets

and nice beaches. if you get a drink with an umbrella in it it makes everything better. the pentagon has plans for hurricane irene. among them making 100,000 national guard troops available up and down the eastern seaboard. the u.s. navy issuing a code alpha and ordering its ships to leave the norfolk naval station. 7 ships set out to sea. dozens more are staying at secured piers. a lert coming in out of libya. and ferocious battle is underway in the streets of tripoli. rebels surrounding a neighborhood where supporters of colonel qaddafi are taking cover among civilians. there is growing fear that the

terror group could get its hand on some of qaddafi's most dangerous weapons. catherine herridge live in washington with more. >> reporter: he's becoming a more familiar face with the media identifying himself as the leader of the rebels. this footage we have comes from a recent interview, and according to memory he is linked to the libyan islamic fighting group that was founded in 1995 to set up an islamic site or emirate. and the lsg has been designated a terrorist organization. he has lived and traveled to more than 22 one trifs. he was arrested in malaysia in 2004 and later imprisoned in libya and he was recently released last year as part of a rehabilitation program. the transitional national

council claim they want libya free of extremeism. but there was a question whether there was a place for him within the tnc. >> they will have to make their own decisions whether past actions, past affiliations meet the smell test within the principles that they laid out and that i just enunciated. >> reporter: they claimed in march they were supporting the revolt against qaddafi. then they rebranded themselves as the libyan islamic movement and denied any past affiliation with al qaeda. megyn: breaking news from republican rick perry moments ago. in an appearance -- he hasn't done a lot of media. but he just appeared on the

lauraing graham radio show an was challenged on reports the bush team is quietly opposing his run for the white house. we'll play you his response. and we'll speak with former white house press secretary dana perino after this break. 6.5 million people unemployed for more than a year. reports say some of them may never work a meaningful job ever again because of various factors. our "america live" panel on what could be according to "forbes" a lost generation of americans. >> it many small business that creates 70% of the jobs. we want to hire. the best investment in a business is people. so what we need to do is the taxations and regulations, there needs to be a plan in place. if you put that plan in place tricklele-down economics works as it should. only one a day women's 50+ advantage has ginkgo for memory and concentration,

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megyn: moments ago republican presidential candidate rick perry giving a rare one-on-one interview with laura ingraham on her radio show. one of the first questions out of the gate is what does he think about reports that the bush team is quietly opposing his presidential run. >> what is your reaction to what seems to be scene anti-perry push among many of the bush people. >> i have great respect for the bushes. i don't think there is a more honorable man, a better bush than george h.w. bush, one of the finest men i have ever met in my life. he and mrs. bush. they are like everybody's grandfather. they are really good people. and they taught their children. at the end of the day i'm rick perry, i am who i am. i'm not george bush, i don't try to be. respecting him, i consider him

to be a friend. megyn: today ma perino is a former press secretary for george w. bush. and she is a cohost of the fife. that's interesting. did you notice how he spoke of there is no better man that george h.w. bush. he wasn't talking about your guy, though, the younger bush. >> i'm not going to try to stir it up any further. megyn: you were one of the initial instigators. that's who they are talking about with the anti-perry push. >> if someone to point to me where i have been an anti-perry person. i admire him that he has not given many interviews. i think that's a smart strategy. he let it build and doing laura ingraham today was a smart thing to do. another smart thing to do is there is not a soul in america

that doesn't think george h.w. bush is an honorable person. as far as george w. bush i personally never witnessed tension between those two. but rick perry is smart to distance himself from george w. bush if he wants to win the republican nomination and eventually the presidency. and anybody is going to do that. running against him would and mistake. that worked in 2008 for mccain and obama, it won't work in 2012. megyn: karl rove doesn't seem to share your opinion. perry said one way you can tell us apart, i'm texas a&m and he's yale. karl rove went on fox and said what is he doing? why is he trying to draw a distance between himself stan george w. bush who is beloved by republicans and a lot of other folks as well. there seemed to be somenergy behind his remarks.

>> i know carl has tried to be helpful to their campaign to give some guidance like he did in his column last thursday. karl rove is no longer a political consultant web's an analyst. and what he said about why would you do that, it doesn't seem to make sense, it won't get you where you need to be to win the nomination and the presidency, that's a smart analyst comment, not an anti-perry comment. megyn: you think the reports of the bush team being anti-perry are basically just wrong? >> i don't because there is no one i know from bush world who even talks about any of them. i don't think it many real. i think it will evaporate pretty soon. laura ingraham asked him -- we just have sound bites from the interview. man this case i don't have the question. about it appears from what i'm reading the context that she was

asking about the comments he made about ben bernanke saying if he prints more money it would be almost treasonous, comments for which he took a lot of flack. here is perry speaking, i think, about that subject. >> with all due respect to anybody out there directly or indirectly criticizing me because i speak plainly. i call it like i see it. look, i'm not an establishment figure. never have been and i don't want to be. i dislike washington. i think it's a seedy place. but our country is in trouble. and i don't have the privilege to sit on the sideline and watch our country be destroyed economically by a president who has been conduct an experiment on the american economy for the last 2 1/2 years. megyn: strong language. does that work? >> it can for some people and it might help him in the primary

because i think people have been look and waiting for this. what's interesting as i listen to that, he probably has something more in common with george w. bush than he would like to admit. do you remember when president bush said about usama bin laden dead or alive. he got criticism for it. it was too blunt talk. but rick perry talked about, when it comes to treason, if you breaker it it's punishable by death. he didn't mean that. he speaks plainly. he speaks in a way people can understand and he's not going to apologize for it. however, i would bet as you get into the primary time frame a little bit closer to say february, when things start narrowing down, he will probably dial back that rhetoric just a little bit. megyn: it will make for far less interesting segments. dana perino, see you at 5:00.

all the best. tracking hurricane irene as it grows strong and strong. the east coast is on alert as hundreds of thousands are fleeing the north carolina coast. plus, this guy won the lottery. and then lost just about everything else. why he is now just days away from deportation and in the middle of a big lawsuit in "kelly's court." >> he said that i didn't know what i wish for. and i said what you wish? he had a dice in his hand and he rolled it. and he didn't realized when he rolled it. and he said, he wished to win a million dollars. the charcoal went out already? [ sighs ] forget it. [ male announcer ] there's more barbeque time in every bag of kingsford charcoal. kingsford. slow down and grill.

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megyn: police say this man was behind the wheel when he struck a motorcyclist and dragged his body. >> reporter: this illegal immigrant has been arrested three times for driving without a license and he served a year in jail for assaulting a police officer and a firefighter. 34 years old. he was driving with his 6-year-old son in the truck. police say was drunk. he blew through a stoplight and hit the 23-year-old and dragged him for quarter mile. he backed up, police say and backed back over the body of matthew. he then fled, police chased him down. they found open budweiser cans

in the car. the 6-year-old got out of the car and began kicking police. matthew's parents say this is not an accident, it's murder. >> it's not about where he's from and being legal. he had after 6-year-old kid in the car. people were bang on the door for him to stop. >> i'm consumed with heartbreak. >> reporter: he could face 15 years in prison. massachusetts does not adhere to the secure communities act and law enforcement authorities say if it did, this guy would have been deported out of the country a long long time ago. megyn: trace, thank you. up to 80 million people, nearly 2 thousand miles of coastline all in the past of a swirling buzz saw. we'll show you who just joined the list of cities and towns declaring a state of emergency. we just did a focus group of on the unemployment crisis.

analysts say 6.5 million americans may never find meaningful work again. >> american jobs going overseas. why is it okay for businesses to outsource and take our jobs, at a time like this, so crucial and give them to people overseas:'. ? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. 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.

>> reporter: i'm janice dean. we are watching hurricane irene. a powerful category 3 hurricane

and it's possible we'll see the storm strengthen within the next 12-24 hours. a lot of warm water in its path. there is florida feeling some of the effects of this storm but florida will not take a direct hit. we think the outer banks of the carolinas and parts of the northeast, perhaps new jersey, definitely long island and new york city will feel the wrath of this storm as we head into sunday and monday nights. the time can is saturday into sunday, across the carolinas. sunday into monday for parts of the northeast, including jersey, new york city up to connecticut. we could see 6-10 inches of heavy rain and winds in excess of 50 miles an hour all along the coastline for an extended length of time. we'll see outages, flooding, trees down. this will be one of the most dangerous storms these cities are going to feel probably

within a generation. i'm janice dean. megyn: 417,000 americans filed for unemployment last week alone. that's 5,000 more people than the week before. but lost in the economic stream of numbers, 6.5 million americans have been without a job for more than a year. the concern is they are becoming unemployable in the fast paced business community leaving potentially an entire generation of men and women facing the notion they might never find meaningful work again. today we put together a panel to share their observations on what america is going through. so i'll get to each of them as quickly as i can. i want to start with you. larry, you are a small business owner. there is a piece in financial business magazine saying employers aren't hiring because they feel the crush of

regulations and healthcare. is that it for you? you tell me. >> that is it. this administration is killing jobs. we need to bring back the american dream. the way to bring back the american dream is to have a true council on jobs with repealing obama-care, the epa, lowering the corporate tax rate. it's small business that creates 70 per of the jobs. we want to hire. so what we need to do is the taxations and the regulations, there needs to be a plan in place. if you put that plan in place you let trickle-down economics work as it should. megyn: you are an official in a marketing firm. you lean left, you support president obama? >> yes. >> reporter: what do you think about? >> i think about american jobs going overseas. why do businesses outsource and take our jobs in a time like

this that's so crucial and give them to people overseas. megyn: do you think that has to do with the regulatory crush or is it something else? >> i think it's from the administration before and how that trickled down, you know, the war in iraq,. >> it has nothing to do with the jobs going overseas. the jabs going overseas is the overregulation of the obama administration. if you put rules in place -- we want to bring manufacturing back to the u.s. megyn: rob, you are ppts of advantage payroll service. >> we spent the last 30 years trying to figure out how not to manufacture things in the united states. what we have been talking about is regulation, overregulation. i run a small business of 35 employees. my payroll service company has thousands of small business clients. they tell me every single day without lifting regulations for small businesses and making

money available to them to expand their businesses, it's not going to happen. that was $30 billion that was suppose to be lent out with the obama jobs bill. megyn: kelly, you are an expectant mother and actress. i saw you shaking your head in agreement with arianna. >> i think it's been a long time coming with the current administration. ann as an actor i'm consistently underemployed. megyn: people always talk about the next generation of children. they are getting the shortened, they rack up enormous debts. >> we are concerned. megyn: you want a change of administration. do you trust obama to turn this thing around? >> i trust him but he better get a move on. what's going to be there for our

kids when they get to be old enough. will they have a college education and how will that be rewarded? with minimum wage jobs or will they have to compete with people who have, you know, who are from my generation they are trying to get those jobs. megyn: that the situation we are now in. lily, you are a recent college grad and job seeker, how has that been going? >> it many tough. a person with a degree and struggling to get a job in my field of work. megyn: you figured you would get one by now. >now.view. megyn: what's your degree in? >> media communications. megyn: have you thought about taking a job at starbucks? >> just to work a few jobs at once. megyn: a lot of people are talking about there is. sydney, you are a teacher, a

mentor, do you think now we'll have a generation of people who feel sort of a general malaise about their employment options because they have been sitting at home not hoping their teaching skills or other skills? >> i think you brought up an interesting point, how do we educate the future generation. that lead us to the current situation we are in. how do we make sure every child has an excellent teacher in front of them. this year we faced tremendous threats of layoffs across the country. megyn: do you feel that cutting back on teacher's benefits is not the way? >> i think it's shifting where the money is. we are back loading in the way we pay teachers. how do we incentivize them. maybe if we shifted the way we compensate, we would have more money to move around. megyn: chris, around professional in the tech industry. people like lily, they are

getting an education. we are giving them a good education yet they still can't get jobs. >> i think there is a disconnect when people come out of school and what they see in the workforce. overseas they are doing a lot of education in signs and technology. megyn: do you feel america is losing in your industry because others are better educated. >> absolutely. we are getting to the point where people are seeing the work that other countries have been doing to get them up to that level and they are urn able to compete. megyn: how do we solve that. >> education. going back to teaching. megyn: pat? >> i don't think we have the job recession as a skills depression. what you will see is those without a high school diploma have unemployment rates in excess of 13%. as you get a little bit of college under your welt you will find you are under the average

for the nation. and if you have a college degree the nationwide numbers our unemployment are 4.2%. we have a skills problem this country and we are not solving it. with all due respect to the people on this panel. when you go and you want to be an actor, that's not where the jobs are. if you want to be in television, i think you probably know, there are very few jobs in television. so you prepared yourself for jobs that where there are very few jobs. engineering jobs go wanting, you can't find engineers to fill them because we have the people with the wrong skills. >> one of the things want to touch on. when around recent college graduate people are tier getting the big picture. if you get a job at 35,000 but starting salary a year and a half ago would have been $55,000. your lifetime earnings just went down dramatically. what's happening right now is this sucking sound coming even if you are capable of getting

the job, your lifetime earnings are being damaged. megyn: a corporate trainer and bar manager at uno's. there is a suggestion what's happening out of a sense of empathy and want to go take care of our fellow americans, we have now made them too dependent on unemployment benefits and folks are trying less hard because the stats show the longer you can get unemployment benefits the longer you will stay on unemployment. >> in the food service industry you have jobs, but the problem is you don't have people eating. megyn: they stopped eating? it's come to this? >> what he's sake it's trick hl down economics. if people get jobs and you get rid of the taxation and regulation, it will get into the system then you will gets the demand and the education. megyn: uno's is not an expensive place to eat. >> we have the same amount of

people coming through the door but they don't spend as much. so the server or bartender makes less money and they don't go out and spend. one of the concerns i have is we want a cheaper product. so what do we do? we outsource jobs because we won't pay as much for xyz computer. we have to outsource it to another country. megyn: i want to ask for a show of hands. how many people plan on voting for president obama if you care to say in the next election and believe he can get this economy turned around. lily is on the fence. how many people say no. split pretty much along party lines. thank you very much. hurricane irene as she barrels towards the east coast. we are trackinged the very latest. plus he hit the jackpot. $750,000 to be exact in the lotto. today he's facing deportation.

how did that happen? in today's "kelly's court."

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we shop. you save. megyn: "kelly's court" is back in session. on the docket, a dollar, a dream and deportation. one man's magical journey from jackpot to jack squat. jose says he won $750,000 smackers playing the lottery. he was nervous about cash in the ticket because he is living in this country illegally. so he asked his boss to claim the cold hard cash for him. but reports say that cervantes literally took the money and ran. he blows a gasket and threatened to kill cervantes and his wife who were experiencing the money. now he has a week and a half to

leave the united states on his own or be deported. but he's fighting that and he's also suing the boss. does we have a case? let's ask our panel. lirks s, whose side are you on? >> the employer's side here. i'm against the illegal immigrants. megyn: i want to start with mark then. make it case why the illegal immigrant should be able to keep the $750,000. >> before i do let's discount how many times you said illegal immigrants. it absolutely prejudice our fake jurors out there. because it has nothing to do with whether this is legal. let me say this. whether he's legal or not, in no way affects his legal right to recover money that he won lawfully in a lottery. period end of story.

megyn: i don't know about that. you tell us. what do you need to do in order to claim your winnings. >> you have to show your identity. you have to give a social security number which he did not have, and beyond that he was holding on to that lottery ticket? why? because he didn't want to have to go in there and be prit ander to him to be found illegal and be deported. he wasn't going to make a penny from this had the employer not gone in and cashed it. megyn: how can an illegal immigrant present a invalid social security number. megyn: to claim a prize above $600,000 winners must fill out a claim form and present to forms of identification including a valid social security number. >> let's get to the next hurdle. we heard the lottery commission

say his status as an illegal immigrant in no waive would somehow take away his right to take this money. megyn: i don't know how that could be if you need a valid social security number. let's assume for purposes of this discussion that this guy could claim the money. okay? can he sue the boss here, mark? because he claims -- he just said to the boss, please cash it for me because i'm not sure, i'm an illegal. the boss said okay, but he took the money and ran. >> apparently you don't need a social security number to sue in civil courses. i just saw "horrible bosses," this guy qualifies. it makes him so crazy he resorted to threatening the guy and now he's being deported. >> that not what happened. they had an oral agreement. aagreed that the employer would go in because the employer is

here ellie and get the earnings. and for that he would get half of the earnings. >> let me look at you for a while. you said that with a straight face. $375,000 for taking a drive to the lottery office? >> he knew in going in with that lottery ticket that he was representing this illegal immigrant that he as an employer an illegal immigrants could get in trouble himself. he's not going to do that for free. that was the agreement they made. >> what you are leaving out is edtold his employee, you go. you go. he tried to convince him to do it himself. he believed it was appropriate for him to collect the lottery. megyn: let me jump in. here is the thing that concerns me about the employer's claim to the money. the employee says i got the scratch ticket. but the employer is saying it's

all his. he told a couple different stories. he said i just had this guy buy the ticket for me. it's really my ticket and the employee should be getting none of it. then they said we had an agreement to split it. then he gave the employee $3,000 but no more. so which is it? i don't know. there is a lot of stories. >> i'm going with the employer and employee split it halfway. that's my story. that's what i believe. >> we'll give your fake clients 10% and call it a day. $75,000 for a ride over there should cover his gas to screw over his employee. >> the employer could have wound up in jail because he had this illegal immigrants as an employee. he was taking a risk here. >> now you are reaching. no way.

megyn: apparently there is a provision in the immigration laws that can allow you to stay in this country if you have been the victim of a crime. now this guy is using that provision to try to fight his deportation because he says -- >> he's the one, the illegal immigrants web's the one making the threat to the employer. megyn: his boss ripped him off. that's way understand. >> only in america. >> god bless america. megyn: is your head spinning? my head is spinning. one final word for our viewers. i don't know how he can claim this prize if doing so requires a valid social security number and he's in this country illegally. it does not mean his boss gets to steal the money for himself if there was no deal. if that's the case, he should

lose and the state of georgia should wind up with the money. we are following hurricane irene. forecasters warning the monster storm could be very destructive. we'll have the latest next. >> awful our sa -- all of our ss were intended to the last for 50 years. >> we suggest people that are vulnerable, start making a plan now. w

megyn: fox extreme weather alert on hurricane irene. thousands are fleeing and exposed strip of houses and villages off the coast of the north carolina. emergency officials expand evacuation orders to include

hundreds of thousands of tourists and locals in four coastal counties. while other east coast governors declaring states of emergency ahead of the monster storm and telling folks in low-lying areas to line up places they can stay because evacuations may become a real possibility for many many people. yosemite national park, a national treasure. this year for some reason much deadlier than normal. trace gallagher in our west coast newsroom. >> reporter: one of my favorite places on the planet. but this is mother nature raw and rugged. so far this year there have been 17 deaths. that is double average of 8 deaths in yosemite. the latest is a 23-year-old man who fell off half dome. he fell down the face some 2,000 feet. the second death this summer. earlier in the summer a woman

fell off half dome. now they limited the day pass hikes up there from 1,200 to 400 because the rangers say people are not physically able to make the climb. we told you about three people who crossed into restricted areas and fell 1,700 feet over their deaths at vernal falls. the park rangers say when you come to yosemite you need to play by the rules. >> we do not have a ranger in all the dangerous places 24/7. yosemite is a dangerous place and it's the responsibility of the visitor to take that into account. >> reporter: five of those were natural causes, heart attacks and old age. then six of them were from drowning including the ones from

vernal falls. others were from falls. one of those is from a car accident. we should know 4 million people go to yosemite each and every year. megyn: trace, thank you. we'll be right back the latest on irene. p [ 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. ♪ the charcoal went out already? [ sighs ] forget it. [ male announcer ] there's more barbeque time in every bag of kingsford charcoal. kingsford. slow down and grill. 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

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