jenna: we asked you online if you thought this t-shirt was too offensive. and surprisingly to us at least 57% of you said it's okay. and, well. gregg: and jc penney doesn't need to pull it "america live" begins right now. megyn: we are awaiting what is expected to be a lively white house press briefing, just hours after a showdown between the white house and congress over the president's big jobs speech. welcome to live live, everyone, i'm megyn kelly. this white house news briefing is expected to start in about 30 minutes. watch for questions about the spectacle around president obama's job speech. it all started with yesterday's

announced that the president wanted to speak next wednesday completing against a plans, televised republican television debate. a few hours later the white house changed course and moved the speech to thursday. while washington fights more than 400,000 americans filed for unemployment benefits last week, showing almost no change in our jobs crisis. joining me now chief white house correspondent, ed henry. what a debacle. have you ever seen anything like this in your years covering the white house. >> i have not. this is really a routine matter when the president wants to give an address. the president is normally accorded the respect of picking the date. on the other side of the ledger normally the republican side or whichever is the opposite party, in this case the republicans are pretty accommodating. and normally the white house will work with them if they say

look, that date doesn't work for us. it happens every year with the state of the union. it completely broke on you. i have not seen anything like it. it shows us how much this whole process has broken down. this is how it played out. bill daly sed morning reached out to speaker john boehner said look the president wants to give this speech to a joint session of congress next wednesday night. white house claims that there was no push back from john boehner. they took that as a yes and they moved forward and announced it. the john boehner side of it is they wanted more time to go through this and they got a 15 minutes heads up in that call before they here at the white house announced it to the world and they don't feel that is adequate consultation. boehner fired off a letter and said, look mr. president, move it to thursday. the white house didn't want to do that you have the nfl kickoff on thursday, there will be millions of people watching football not interested in politics. the white house backed down late last night and will move forward

and have the address on thursday night instead of what they wanted on wednesday. they are trying to figure out the time. they haven't quite figured it out. they'll probably do it 7:00, 7:30 because there is an 8le pm kickoff. megyn: the question for you as someone who has covered the white house for a number of years, is this just a big distraction? was this a mistake by both parties? we'll start with the white house, because now what are you and i talking about, the scheduling snafu, we are not talking about the substance of his speech and there will be all sorts of analysis about whether the white house mis-stepped whether john boehner was ungracious and we are not talking about a jobs plan. >> i think both sides probably it appears mis-stepped somewhat here. on the president's side you have james car villain good morning america this morning, a big democrat saying he thinks it's a miss tack for the white house to

want to have the speech on wednesday night when they have the republican debate and they shouldn't have picked this fight in the first place. will the republicans look small by not letting the president come when he wanted to come speak? i mean we've seen this back and forth between this white house and republicans on the hill day after day after day. at the end of the day people are not talking about jobs, they are talking about logistics. the bottom line here is if they can't agree on what day to have this speech how in the world are they going to come together on whatever plan the president rolls out next week, megyn. megyn: on the same day that the president sends out a fundraising email urging congress, lawmakers to get past short term petty politics. this goes down. ed henry you can't make this stuff up. >> you can't. megyn: thank you, sir. we will bring you any news from the white house press briefing when it happens. plus was the white house decision on scheduling this speech a coincidence? that is what the white house claims. was it a clever play or a

mistake? some answers in that debate are just ahead. another controversy building in washington today and it could end up costing taxpayers half a billion dollars. this is how much we loaned to a solar panel company that the president highlighted as a creator of green jobs. that company now declaring bankruptcy. we invested 500 million in this company, and 1100 workers are out on the street today. trace gallagher has the story live from our west coast newsroom, trace. >> reporter: the company is called solendra based in fremont, california, below san francisco. $535million. it was the first company to get one of the loan guarantees under the obama stimulus program, now it's filed for chapter 11, shut its doors and laid off 100 employees. listen to them. >> i did not see it coming. it just said that they are closing down all operations and

creasing everything. >> very sad, unexpected, a sad day today, sad day. >> reporter: remember during the company's groundbreaking vice president joe biden spoke on closed circuit television. president obama toured there hailing the company as a model for the future. remember this? >> companies like this are leading the way toward a brighter and more prosperous future. through the recovery act this company received a loan to expand its operations. this new factory is the result of those loans. >> reporter: here is the deal, a few months before the president gave that speech the company's own auditor pricewaterhousecoopers raised a red flag questioning whether the question could survive. just after the president's speech solyndra canceled its public stock offering and the government accountability office asee all know is the investigative arm of congress

announced that they gave the company favorable treatment in the loan process by stipulating some of the mandatory steps. even the energy's department own inspector general criticized the company for not detailing the emails on how they got the loan and the house committee on energy and commerce now wants answers. republican michigan congressman fred upton said this and i'm quoting, for an administration that talks about transparency they fought as you tooth and nail to hand over relevant documents and today we found out why. there are also connections about the connection of a tuls businessman named george kaiser. he is a big democratic donor, he's been to the white house four times by our counts. he is an investor in this country, so are his associates. we don't know exactly what part he played this this. but a lot of congress members would like to know what part he

played in this. the energy department says, look you win some you lose some, this company failed but you cannot stop investing in green envelope because they believe that is the future. megyn: i want to tell our viewers that the man who coauthored that letter with upton is cliff stearns. he's on the house and energy commerce committee. heeds that up. he's been investigating this. he was among those who warned, said to the white house, this doesn't look like a good loan, why are you doing this? what is behind this. and now has been able to get the email and other traffic to figure out exactly why this company got $500 million now of taxpayer dollars and why warnings may have been overlooked. he's my guest top of my next hour as we try to get to the bottom of where your money is going. fox news weather alert. a new storm forming in the gulf of mexico could cause big flooding problems along the gulf coast. take a look at the satellite. this tropical system expected to

give louisiana a good soaking. some models have it making landfall between the florida panhandle and southern texas. flash flood warnings are in effect south of interstate 10 down there. this is separate from hurricane katia which could become a major storm this weekend. meantime floodwater tpr-s irene are receding in many areas but the devastation is still widespread. irene pummeled vermont. wardsboro is one of $11 towns that were cut off from the rest of the state. irene with us a tropical storm by the time it hit new england but the intense rain triggered massive flooding. roads collapsed, entire neighborhoods have been destroyed, and many people will remain without power for days to come. >> not too well, not too well. i never thought that this would ever happen, never. you can see it's devastating. i know we're not the only ones who need help and i just hope that everybody gets help. megyn: in patterson, new jersey the passack river is receding.

press plans to visit that state on sunday after declaring it a federal disaster area. now there are new worries about toxic sludge. david lee miller live in patterson, new jersey today, david lee. >> reporter: you and i talked yesterday, and the waters at that time were receding, and they continue to do so, but just to under score just how serious the threat of flooding is here, take a look over my shoulder, even now as the waters recede this is a bridge, water is still pouring over it here on the passack river. there are eleven bridges that dived path certificate son in half. all but one of them we're told is passable. there is still a significant amount of flooding, this as the water continues to recede. the mayor of patterson, new jersey, who i spoke to a short time ago, told me that, yes, he is very pleased that press is going to be coming here on sunday. there is great hope that by then all the floodwater will be gone. i asked the mayor why patterso

patterson's so many different locations had been flooded. he said he didn't know why this city was selected but he said he was very pleased that the president was in fact coming here. meanwhile here in new jersey there are still thousands and thousands of people who are homeless. in patterson at the local high school some 200 people now call that building home. many of them say they have no idea when they will be able to return to their homes and apartments. they have been at the high school now for some four days. one man told me that he expects a heavy cleanup when he does return. >> we've got to do a lot of cleanup and a lot of house repairs. since the first floor was totally underwater there is a lot of stuff we'll have to do. we'll have to replace the walls, the floors, the furniture, but the electric appliances we moved them to the second floor, at least we got to save something. >> reporter: there is some good news as you mentioned, megyn, the president did declare a state of emergency in new jersey and for people like that raja

that will mean the possibility of getting federal funding. megyn: a dilemma so her flying it has already been turned into a movie. now it has happened again. a man forced to cut off his own extremities after being trapped in the wilderness, his incredible story coming up. an angry condoleezzaa rice firing back at dick cheney. why she says the former vice president is attacking her integrity. and an attack on the tea party now prompting calls for this lawmaker to resign. is he playing the race card or calling it like he sees it? a fair & balanced debate on this in three minutes. >> the tea party movement would love to see you and me hanging on a tree. having her is amazing.

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to see african-americans, quote, hanging from trees. representative andre carson holds a leadership role in the congressional black caucus. this audio of him speaking at an event in florida last week surfaced on the website the blaze.com. >> the tea party is that change. this is the effort that we're seeing of jim crow, so many folks in the tea party that would love to see us as second class citizens.

megyn: joining me now kevin jackson of the blacks sphere.net. and author of the big black lie. and jamu green, a fox news contributor now we have tea party groups calling on representative carson to immediately resign and we have congressman allen west who is part of the congressional black caucus calling on its chairman to condemn these comments and disassociate the black caucus from these types of remarks. does he have a point. >> he does have a point. it was back in march of 2010 when representative clyburn said if members of congress were participating in the types of attacks and terrorist language that we saw coming from the tea party, you know, that if they participated then they were aiding and abetting. i think he made a very clear statement that that type of rhetoric shouldn't be accepted. so did congressman carson cross

the line? absolutely. should he apologize? absolutely. is this pog h something he should resign over? probably not. i think the calls for his resignation are a little far-fetched. why we are seeing statements like this coming from congressman carson, from maximum waters i think it's the building of extreme frustration after having watched the past couple of years the tea party basically say that they are willing to balance the budget on the backs of the most vulnerable in this country and that's what we've seen through the spending cuts, the areas that people want from the tea party, the areas where they want to see cuts happen, really, really hitting these communities hard and you having cars on and maxine waters, people finally standing up and saying, we are not going to take it any more and not going to allow these type of attacks the way we've seen them. megyn: there are a couple of things that jemu raised there.

i want to keep it on whether the congressman should be forced to apologize, to resign, and what fallout there should be if any for them. i want to give you the chance to respond substantively to the accusations of the tea party members. he is not apologizing. he stood by his remarks yesterday and today in an interview with another network he said he wasn't talking about the entire tea party but he's deeply concerned about some elements of the tea party which are extremists, and he believes it encouraged increased attacks on minority groups. he's trying to justify the remarks, kevin, does that change your conclusion about whether he should be forced to resign, or the tea party has a reason to be angry? >> well if he should be forced to resign then all the congressional black caucus should be forced to resign. you had maxine waters say that the tea party members should all go to hell. i will tell you where hell is. hell is in the black communities that the congressional black caucus serves. these where you can find tpaop hell. these guys want to all as pass

the buck on an organization that is less than three years old, as if the tea party members are the people shooting up black neighborhoods, the tea party members are the reason why there are substandard schools in black neighborhoods, or why housing is being foreclosed in black neighborhoods. they don't have to look any further. the people who held dominion over black people in america for decades are the black members of the congressional black caucus. the problem that they have right now, megyn is, there is nobody else to blame. they can't blame the president, because they wanted the black president, racists that they are they voted for the man because he's black, not because he's qualified. so between them and the president they have nowhere to go. the only place they -- the only thing they can do is to blame a group that has nothing to do with this. the tea party is for following the constitution and making government accountable, and also one other point. the government reports to the people not the other way around. now what does that have to do

with racism in the black community? i haven't a clue. megyn: jemu, i just want to speak to you about -- it's one thing you say he shouldn't be forced to resign. he is standing by his comments that members of congress who are supported by the tea party or consider themselves members of the tea party and i quote, would love to see you and me, speaking about african-americans, hanging on a tree. could you think of a heavier accusation that he is leveling? i don't understand how he can stand by those remarks and it gets a pass. >> i don't understand how he can stand by those remarks either. i think that there is a certain level of trying to really show backbone here that isn't necessary, but you do also have to -- megyn: is it backbone or is it hate? >> i think, megyn you have to look at where this is coming from. again you have ron paul, a republican candidate who says he wouldn't have signed the civil rights act. you've got mitt romney who had a slip of the tongue who actually

used the term hanging in a speech. there is separate from those incidents within the presidential nomination process -- megyn: i have to give you the last word, go ahead, kevin. >> it's sphret lee subterfuge. looking at what ron paul said or whatever. the fact of the matter is carson made an inch seven dairy comment that has no place in american politics in the lexicon of today. megyn: thank you both very much. i appreciate the fair & balanced debate. we'll be right back. [ male announcer ] this is coach parker...

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of china. look at this where an annual tradition turned into terror and panic. every year thousands of tourists flock to the banks of a river in china to check out -- look at

this -- to check out the massive waves. gravity pushes sea tid serbgs up the river. they built barriers to keep people back. but the phenomenon coincided with a tie phone. the force burst open a dam along the river. look at these photos. tourists swept off their feet, others trying to run for their live. at least 20 people were hurt in this. amazingly no one was killed. now an incredible survival story. facing life or death, a 61-year-old man chooses life. amputating his own toes to free himself and escape the colorado wilderness. trace gallagher live in our west coast newsroom with just an incredible story, trace. >> reporter: this one is a stunner, megyn. john hut was out in the koldz forest cutting firewood, right? and then the trailer on the back of his pickup truck slipped off

the hitch and onto his right foot. he began screaming. the pain was excruciating. he knew he was out there alone there was no one to hear him. even his cellphone he couldn't reach it because it was inside the truck, even then he was out of cellphone range. remember the movie 127 hours he waited before he cut off his right arm, he could only wait 30 minutes. he grabbed history inch pocket knife as you see the movie there and cut off each toe one by one. he said it hurt so bad i would cut for a while and then i would have to stop, again, one by one all five toes. when he was done he stopped the bleeding by wrapping his shirt around it, he got back in his truck and then he had to drive, remember he was out of cellphone range. he had to drive until he got into cellphone range then he called an ambulance, the ambulance met him halfway. the authorities went back to

where he was and they retrieved all of his tose but they were so badly damaged they could not put them back on. his wife was waiting for him at home. he knew that at some point that she might come looking for him, but she said that could be hours and he could be out there for hours and he would likely die because the foot began to bleed and so he cut all of them off. i mean how do you make that decision out there? he did it, he's alive, he has five fewer toes to show for that fire food cutting trip. megyn: as you said he is alive. that elicited some cringing here in the studio but it is an incredible story. thank you. president obama calls on congress to get past petty politics particulars just east schedules his big jobs speech on the very night of the gop debate. republicans called his bluff, the white house backed down, but who are the winners and losers here? some answers up next. plus, is the hit show "dancing with the stars" pushing a quote,

gay agenda? that controversy with a friday power panel on thursday. and a brawl breaks out at an amusement park outside of new york city when a group of muslim women are told they cannot wear headscarves on some of the rides due to safety reasons allegedly. 15 arrested. some of the muslim visitors said the cops overreacted and so did the amusement park because of their religion. "kelly's court" investigates. >> the cops came and blew it out of proportion, blew it. they came ready to attack. they took my brother, through him on the floor. they took my husband in front of my child and they cuffed him. >> they were pulling me and i had to call my brother-in-law and my husband. alanced. 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.

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to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: fox news alert we are now wait tpoerg the white house press briefing. we are told it will start at the top of the hour. it's been pushed back a little bit. we are expecting questions over the fight, over the president's job speech to congress. the president wanted to give his speech at the same time a republican debate was supposed to be car red live on national television next week. here is candidate michelle bachmann rea*bgting t reacting to that. >> does this show a little bit of insecurity on the part of the president? either a, he wants to distract the american people so they don't watch it or b, he doesn't

want the american people to hear what they are going to say about the president's job plan. megyn: the speech has been moved. bad feelings on both sides are still around. joining me now to discuss it christopher hahn a democratic stratist and former aid to chuck schumer. and chris plant of the chris plant show. what a mess. you guys have to be able to agree on this. people look ridiculous, don't they? don't both sides look ridiculous, am i wrong? >> you're right. >> you take it first chris for. >> i think this is a big screw up on everybody's part. i don't think the white house should have suggested this date. usually these things are cleared. megyn: it was pure coincidence. with a gop debate? it's could he wepbs convenience jay carney told us. >> when they wanted to play golf they could get their calendars together and play golf.

everybody looks a little ridiculous here. i want to focus on the substance of this plan that the president is going to put forward, of course now we are mired in this and chris and i get to talk about this a little bit. megyn: let me ask you this. chris plant, did john boehner miss an opportunity. there is a lot of editorial saying the president made himself look small by doing this and john boehner should have taken the high road and said fine come on the night of the gop debate and would have won points as opposed to saying, no we have to have a security sweep, and we can't get that done for the president of the united states. >> they also are working with the speaker of the house to come to an accommodation so that everyone can agree to it. the president flu a political stink bomb down the hall to pick

a food fight because they don't have a plan. they are struggling to come up with ideas, they will be the same tired old ideas that they did before. the natural operating environment for this white house is to be in a foot fight. they've got their guard in the press room warming up for today's briefing and they think they look good if they blame somebody else, picking fights and come out on top thank thanks to their friends in the news media. i think the president did this deliberately to distract from the fact that they don't have a plan. megyn: let me ask you this. christopher. what do you think was in their heads at the white house in doing this. >> i don't know, maybe they just didn't know that this was the debate. i disagree with chris. i do think he has a plan that's why he wants the joint session of congress and the national television audience. i don't think many people will be watching the debate any way, who cares what ron fall and michellpaul and michelle

bachmann. megyn: democrats care too, they want to size up the competition. >> these are political side shows. megyn: with huge ratings, people care, the fo fox news debate got huge ratings. people care. >> i have a feeling this debate might do a little less. right after labor day, people are getting back into the swing of things. megyn: and it's not on fox news. >> it's on another network which we won't name. it's going to do far lower numbers. but i have to say that, you know, i just think that the timing of this is suspect. i think that -- i'm glad the president is going to do it the next night of course i'll have to tape the green bay with you packers game to see how my fantasy running back does. megyn: it's disappointing. could there be another procedural misstep here, chris, because now we've already had such a build up to this jobs speech, right, because the president was like it's coming when i get back from martha's vineyard i'm going to unveil the big plan, people said, why not

now, why make us wait, they started to leak details, and now it's even more, now it's like we are all talking about the speech, the speech, what night is it going to be? is it going to be in congress? should he do it from the oval office inch sid stead? it better be something fantastic now, no? >> it better be but it's not going to be. we've already heard from people who have the inside track in washington what the essence of the speech is going to be and we've heard it all before. they may pick a couple of cherries from some place else to throw on top. this is a catastrophe in a long line. they have no budget, no plan. he's added $4 trillion to the debt and they don't know where they are going. since they must lead they must attack. they have nothing to defend, so they must go on the attack, it's what they do, it's their nature. honestly i'm beginning to feel sorry for them. >> i don't like the way the white house political office looks in this. they should have figured out with the house when they are going to do this. i don't like the message that

this is sending that this is partisan. megyn: he comes out today christopher in his fundraising mail and says let's put the politics aside. well, you know, let's all put the politics aside then. >> one thing i must say, it really shows that boehner is more interested in who is going to be the next president than working to get things going right now in our economy. >> that doesn't show anything of the kind. >> that's what this is about getting things going right now. megyn: i don't know, chris you tell me it seemed like there was disingenuousness on both sides. jay carney wanted us to believe it was a coincidence and john boehner wants us to believe they can't get the logistics for the president to show up at the house of congress. >> the president new the house was out of session until 6:30pm on wednesday and calling for congress to get back the business the first thing he does is come back to washington and disrupt the first session of congress on wednesday night. >> they are not doing anything in congress any way, let's be real. >> the senate is very busy. how about a budget.

>> they are passing bills, naming things after reagan that day. what are they going to do the first day. >> i think paul ryan has presented a few significant plans that would have the economy back on track. megyn: something tells me they could have wrapped up their day's business and welcomed the president of the united states. >> it was just intended to be a political disrupg. it was a stink bomb from the white house and nothing more. >> stink bomb. megyn: thank you both. >> thanks for having us. megyn: the gop debates are heating up, the next one already lied up for september 22nd in florida. fox news host bret baier will moderate and chris wallace and yours traoul lee will be there to question the candidates. that's september 22nd, 9:00pm eastern. you can catch it right here on fox news. plus, you will be able to submit questions for the republican candidates. we want you to participate in this. go to foxnews.com, scroll down to the spotlight section and click on the gop presidential debate for more details about the debate and how to submit

your questions. 9:22, put it on the california right now. see you there. a major new development today in the case of a missing american woman in aruba. see what police are now saying about the man last seen with robyn gardener. and will convenient us williams ever play professional tennis again? see why she is suddenly having to answer that question this afternoon. a high school football player makes a simple gesture to a teammate who died over the summer after a touchdown is scored. and that gesture costs his team the entire game. five minutes, you decide, did the referees make the right call? >> his interpretation was that we called attention to ourselves after the touchdown was scored, and that during our celebration we did draw attention to ourselves and that is against the rules [ male announcer ] this is the network. a network of possibilities. excuse me? my grandfather was born in this village. [ automated voice speaks foreign language ]

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megyn: in aruba u.s. businessman

gary giordano has been ordered to stay in jail for another two months. giordano is considered a person of interest in the disappearance of his traveling calm upon yan, american robyn gardener. the couple met it has come out through an adult website, and they were on vacation when she vanished. police say they believe gardener is dead. joining me now former l.a. homicide detective and fox news contributor mark fuhrman. thanks so much for being back. now we understand that giordano will be held in jail for another 60 days while the police do what? >> well, megyn, what is really interesting about this case is every time jeer r- giordano opens his mouth he creates another lie that is not an inconsistency, it's just a flat lie. from the beginning to the end the police are trying to fill in all these spaces, at the same time looking for the body of the victim. and this is really important for the conclusion of the case, but it's not necessary.

megyn: what are the lies? >> well, look at the lies, from the beginning, you see a suspect has to lie about the things that he knows are incriminating and point towards him. from the moment he said they were going snorkeling, until the moment he's at the airport telling the customs at the airport that his traveling companion will be following in a few days, to the insurance policy, everything here lays out a picture of someone who has kills another human being and they will gain from that in some way, this being money. megyn: how do we know? how will they make that case against him, mark? because now it's emerged that she was heavily intoxicated according to a lot of reports on that day, that they found a sleeping bill, ambient insid ambien inside her hotel room. several people had seen her

drink. a news channel got all the receipts for the bloody mary's that they were drinking. how are they going to get past some defense lawyer saying, maybe she got drunk, went in the water and was swept away. >> i hope being a detective on this case and working with the prosecutor i would hope the defense attorney would do that. i think what the prosecutor will do with the detectives is, they will present a case where you have giordano's account of what happened from the last time she was seen absolutely by another human being, and everything that he said, and then they are going to put it next to everything that was a lie. and what you're going to have is, everything is a lie, and they've proven it is a lie, from obtaining snorkeling equipment, to her drinking prior to her being in a dress just an hour before they were supposedly in the water. the conditions of the ocean, the conditions of the beach, all

these circumstances, and it's going to be like built up to the end where he took out an insurance policy for $1.5 million on a traveling companion he wasn't married too, he wasn't engaged to, and does not have a long-standing relationship with, and then he tries to actually contact the insurance company, and then he's going through customs lying about where she is. he reported her missing snorkeling and he's telling the customs official that she will be following in a couple of days. when you see this -- megyn: circumstantially you try to get there by sort of inference. but how important will it be, if at all, that we've heard reports in the past that he had some scary behavior with other women and he had issues with his behavior with other women. now a friend of robyn gardeners is coming out and is telling investigators that he had a history with her, that they had planned another vacation earlier

together but gardener backed out because of scary behavior. and after he did that giordano sent angry texts to her that made her feel very uncomfortable and nonetheless she went on the trip. >> once again, megyn everything that giordano did to her that the police have access to is going to be used to form a picture of his conduct. now if the defense wants to open up the door that she somehow stimulated this contact and created this rift between them, or this -- this negative part of their relationship, then they open the door, and then all these other women that giordano has had interactions with is going to come in. when you look at a reasonable judge, or a reasonable jury, don't care which one it is, the reasonable nature of this is that he's lied about everything that he doesn't have to lie about.

and he's lying about that because the victim is most probably dead, and bleached t and believed to be dead. they are looking for a body. he should not be able to slide on this because you do not find a body, so they will go forward with this. and they are not going to create another natalee holloway in aruba. megyn: that's an interesting point, as a homicide detective that's what you look for, that they lie about things that they normally don't have to lie about. thank you, detective mark fuhrman we fresh you being here. >> thanks, megyn. megyn: president obama has sent a message to supporters across the country. he knows americans are frustrated with congress and he has something he wants you to do. mike gallagher is here with what is behind the president's call to action. high school players penalized for honoring a friend who died. some say rules are rules, but did the punishment fit the crime? you decide right after this break. >> i think they should have left it go. he didn't take his helmet off, he didn't jump in the air.

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megyn: fox news weather alert now. we are watching a storm that could pound the gulf coast. take a look at the radar. this system is expected to drop more than a foot of rain on the state of louisiana. look at that. some models have it making landfall between the florida panhandle and southern texas. janice dean will have the latest on this system plus the latest on hurricane katia that could become the laters storm by saturday. new reaction to a controversial call during a high school football game. with the clock winding down the quarterback heaving the ball into the end zone for what looked like the winning touchdown. a simple gesture to heaven acknowledging a lost friend wound up costing them the game.

trace gallagher has more live in our l.a. newsroom. trace. >> reporter: this is louisville high school playing walsh jes wes jesuit. a 16-year-old catches what appeared to be the game winning touchdown. there he is right there. clearly his teammates all come over, they celebrate and then alex school lee pumps his chest one time and points his finger to the air. the ref flags him right there. megyn: that was it. >> reporter: excessive celebrating. that's it right there, you see the finger? that's excessive celebrating, that's unsportsmanlike conduct, satisfactory yard penalty. what the ref didn't know is that the buy's best friend had been killed in a car crash that last week. before he put his football uniform on he took his suit off

because he was a ball bearer. they had the 15-yard penalty. and allowed the other team to kick a field goal. >> he had no idea nor he would have. i don't think officials can bring in that type of emotion to what they call on the field. they have to call the game as they see it. >> reporter: that's the athletic director. the head coach didn't feel like that. he said it was the worse call he'd ever seen in his life. a lot of other football fans in louisville felt the same way, listen to them. >> i never heard of a call like that before for any game that i've ever gone for. >> i think they should have left it go. he didn't take his helmet off, he didn't jump in the air, he made a simple gesture to heaven. >> reporter: alex school lee said that was by far the toughest day of my life. i want people to know i wasn't pointing to be disrespectful i was pointing to heaven for my

friend, and he said the penalty didn't really affect the outcome of the game. i played high school and college football, megyn it's an emotional game and you have to sometimes allow kids to celebrate a little bit in the end zone, don't taunt but celebrate. megyn: the call was excessive celebration? i don't know. green jobs are the key to the future, so you and i, taxpayers loaned half a million dollars to a solar panel company. the company went belly-up and put 1100 workers on the street. a congressman coming up in three minutes that says, this thing smells like a rat. stay tuned. [ male announcer ] succeeding in today's market requires decisive action. i go to e-trade and tap into the power of revolutionary mobile apps to trade wherever. whenever. life isn't fully experienced sitting idly by. neither is investing. [ birds chirping ]

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megyn: seconds away from what promised to be probably an unusual white house press briefing. welcome to a new hour of "america live." press secretary jay carney expected to talk about president obama's scheduling debacle when it comes to his jobs speech.

september 7 was the same night as the gop presidential debate. now he pushed it back to the 8th after he got pushback from john boehner in the house. chris stirewalt is our politics editor. chris, you have pundits talking about this everywhere today. newspaper, internet with you name it. you wrote a piece about it suggesting obama outsmarted himself. >> reporter: he had an opportunity to set the table on this jobs plan and come out and talk about it. it's fairly elemental blocking and tackling. he turned it into something more complicated because they picked the moment. you saw the look on carney's face yesterday. basically, they are having the debate? shucks, i guess we'll have to moist.

he got too cutesy with it. he has gotten backed down by john boehner. it's an unnecessary complication the white house could have avoid by being straightforward. megyn: did they have another option? they wanted to give the speech next week. congress not back in session until wednesday. thursday the nfl game, friday night, no one watches. what was so bad about picking wednesday? >> reporter: it's only bad if you have decide you have to gift in congress. the president can talk a lot of different places. the people are so desperate about what to put americans back to work. he could do it in a garage and people would hear about it. the word would get out. that's one of the advantages of being the president. he wanted to do it in congress because he wanted the backdrop, the big flag, the cheering congressmen. something only the president gets to do.

he wanted that moment, and he forced the issue an got too cutesy with it. he tried for something that was a bridge too far for the president. megyn: does this whole back and forth now raise the stakes in some way for the jobs speech? i mean, it's calling more attention to it. the buildup has been even bigger. and is it -- is the letdown also going to be big for the president doesn't deliver something big? >> he started that trend. i think you are 100% right. i think he started that trend when he did a cliff hanger ending to his work in august. he said i'm going away on vacation but when i come back i promise i'll have a jobs plan. he built this into -- he built us expense, and now he came

back. and you are right, it ads new drama. yes, it's a peripheral issue. but it does add to this discussion. it adds to the drama. so you are right. there will be a lot more people wondering what he's talking about. megyn: others may argue the call to congress to stop playing petty politics when the white house was trying to thumb its nose at the republican presidential candidates. one will emerging a the gop contender and the nation will get to know that person and ultimately that person will go up against barack obama. if you can or can't catch the debate you have to make sure you tune in for our own fox news debate.

we would love to have you join us. we are teaming up with google on thursday september 22. it all opens in orlando, florida. you may have heard that's an important state when it comes to presidential elections. bret baier, chris wallace and yours truly will be there as moderators. and you can? it questions to republican candidates yourself. for the first time you will be able to vote on which questions you want the contenders to answer. for more on all of this go to foxnews.com/politics. that will take you where you want to be. brand-new snapshot of the jobs picture in the united states. 409,000 americans applied for first-time unemployment benefits, a drop of 12,000 from the week before and the first decline in 12 weeks. they need to be below 195,000 to

indicate sustainable job growth. tomorrow we get the rate for august. we heard the president say again and again h green jobs are the kree t -- arethe key to the fut. he gave one of those speeches at the solyndra solar company in fremont, california. so the government loaned solyndra $500 million. two days ago that company declared bankruptcy, putting 200 workers on the street. now some republican lawmakers want answers. let's -- our viewers i guarantee you don't know anything about this. but when the feds wanted to make this $500 million loan to this green jobs company that the president wanted made. some republicans like you said wait a minute.

the company doesn't look good, let's hold on, why are we doing this? and what were you told? >> we had a hearing on this and we found out there was not prop were oversight when they gave out half a million to guarantee the making of solar panels in california for solyndra. some of the people involved in getting this money were people who bundled large sums of money during the campaign. then we found out the company could not come feet worldwide man the end they went bankrupt. so 1,100 employees have lost their jobs and in a larger sense this goes to the $1 trillion stimulus package the administration has been pushing. a lot of money has gone out the door for different schemes like solyndra where they can't compete worldwide and it's questionable whether they can compete within the united states, because the contract for

a a billion was given out in 2009. where is the money? and where is the interests on the money? megynmegyn: your suggestion wase treasury department made this loan that was guaranteed by the energy department over some problematic red flags because why? >> what happened, the the office of management and budget has a responsibility of looking as the these contracts and making a recommendation. now as chairman sfts oversight investigation committee i had done a six months' investigation on this. i couldn't get the information. after six months i issued a subpoena. that was the first suggestion something was wrong. and omb did not recommend that this go forward. so why did the administration push forward on this scheme so

to speak when they did not have the full support of the office of management and budget who had the responsibilities. megyn: what is the answer to that? why did they? >> was it political? there wasn't enough technical information that this company solyndra could be competitive worldwide and competently managed to actually do this? megyn: what would be the incentive on this part. you mentioned the guy who does bundling. >> mr. kaiser was the initial person who did bundling for the president and he's one of the big investors. megyn: but that's suggests it's political payback. that's just your theory at this point, correct? >> i'm saying a lot of this money was given out. some of it is not at at recommendation of omb whose responsibilities for overseeing this, but on the recommendation of the administration which in many cases it looks political rather than technical.

megyn: basically the company has gone belly up. this is part of the stimulus money that was supposed to create jobs. now 1,100 people are out of work and as the taxpayers are out $500 million. can we get that money back? can we go into tbrums court and get some dough from this company? >> they were having trouble so they went to prime venture cap tellist hedge funds and they asked for $75 million. it turns out the government allowed that money to let these people gets first out instead of the american taxpayers. that's the reason why i'm going have a continued series of hearings on solyndra to understand why we couldn't get information, why they went ahead with it and what about this agreement where the hedge funds get their money back first and not the taxpayers. megyn: the energy department went on the record with the "post" saying we use recognized

not every one of the innovative companies guaranteed by our loan guarantees would succeeds. there are risks inherent in these type of efforts. last points i want to make before i let you go. apparently the government accounting office says that similar defaults could happen with other loan guarantee projects that were not properly vetted. how big a concern is that? >> that's a big concern. we spent a trillion dollars. if solyndra is an example then we have to be concerned about billions of dollars not performing and not providing jobs. in this economy to have this kind of thing happen is wrong. megyn: we welcome anyone from the administration, the treasury or omb to come on so we can have both sides represented. president obama penning a letter to supporters, calling on

congress to pass his plan to create jobsr jobs or else. mike gallagher on why americans are frustrated with congress, not the white house. the amusement park says you are not allowed to wear anything on your head if you want to ride the rollercoaster. "kelly's court" on how this whole thing went off the track. >> the cops came and blew it out of proportion. they came ready to attack. they took my brother and threw him on the floor. they took my husband in front of my child and cuffed him. and they were pulling me. i have to call my brother in laugh. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. i was told to begin my aspirin regimen. i just didn't listen until i almost lost my life.

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megyn: raging wildfires causing big trouble from two states. flames threatening hundreds of homes in texas and across the border in oklahoma, flames are causing highways 20 shut down.

-- highways to shut down. >> reporter: you look at the window, and they are starting to get a handle on fires in texas and oklahoma. but you have new fires spark up all over the place. you still have volatile conditions in both of those states. they are even having problems at night. firefighters can usually expect the fires to lay down at night because you have cooler temperatures and lower winds. in oklahoma and in texas, they had 90-degree temperatures at night and 20-plus-mile-per-hour winds so the firefighters can't get a break there. the force here is a major concern. you have this fuel. you have heavy oak burning in these fields. you also have cedar trees. they are filled with explosive oil. the trees go up like match sticks, and the trees light the

electricity poles, the phone poles on fire, then you have got problem of power outages on top of the fires. here are some of the residents. listen. >> it was liar a fire tsunami. a -- it was like a fire tsunami. >> i could literally feel the flames in back of me while i was running. that's how close this was. i never experienced anything like this. >> reporter: that's a man who just experienced a 100,000-plus acre fire in the same area of possible sum lake. 40 -- the area of possum lake. megyn: president obama has sent a new email message to supporters telling them he has a plan to create jobs and congress should pass its or be held

accountable. he says i'm asking you to stand with me in calling on congress to step up and create jobs. this will be an important challenge for our organization. it's been a long time continues congress has been focused on what we need congress to be focused on. i know you are frustrated by that, i am, too. mike, are you one of the frustrated? >> we are all frustrated. remember the image of richard nixon talking to the paintings? i have this image of president obama furiously typing at his laptop saying what am i going say now? it's one gaffe after another. from the fiasco on what night his speech should occur and backing down to john boehner to his pitiful email, i'm frustrated and i feel your pain. megyn: i feel your pain which is

clintonesque. and also setting it up for -- they are telling me -- let's dip into the white house press briefing where i think they are talking about the president's speech. >> in the terms you have just described. the reason why the president wants to speak before congress is because this is an important moment in our economy. and it's an important moment for the american people who are demanding that washington put an end to the gridlock and bickering that has paralyzed the process and take action to help the economy to create jobs, to help them. that's what they want. they are not out there scoring political points. they want -- the vast majority of americans whether they go to democratic, republican or

registered with a party or not, they want washington to work for them. they want them to take sensible actions to work for them. to create jobs, to grow the economy. that's what this speech is about. that's what the concrete proposals the president puts forward will be about. megyn: we'll streep the rest of that live on foxnews.com. there he was picking up on that same narrative. i feel your pain, but to tee it up such as congress are the ones to blame if we don't get a jobs plan and the petty partisan bickering has to stop. >> this is a guy who has pulled no punches in going after republicans and blaming everything at republicans' doorstep. jay carney was trying yesterday with a straight face to say it was a mere coincidence that the

president wanted to pull this political stunt and have his address to congress on the same night as a gop presidential debate. they are drowning. they are panicked. it's out of control. megyn: when you talk to the left, they feel so differently about this. they would say this president has compromised on many things that have less outrage. he compromised on getting the public comes which they didn't want. he compromise on making the stimulus not big enough. they are sick and tired of compromise and they believe it is the republicans responsible. >> they are livid that he compromised at all. megyn: hasn't he compromised. >> he doesn't strategically compromise. he only compromises when he knows his back is up against the

wall. this is not a guy who compromised on bigger government or higher spending. we talked about the optics. i think his days are numbered as president. megyn: mike gallagher, cameo or just guest appearance in memphis. >> broadway. megyn: check it out next tuesday. >> i open next tuesday as the white deejay. megyn: see how we are friends again? >> we are always friends.

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megyn: update on a pair 6 major weather threats. first katia. but more concerning is this thing. a weather system with no name.

it's just a blob of thunderstorms. but it's pack a big punch and could dump a foot of rain on the gulf coast. janice, tell us about the blob. >> a good meteorological term. yes, this storm even if it doesn't become a named system will wreak havoc across a lot of areas over the gulf coast. let's take a look at our futurecast. you can see it just sits and spins and spins and spins for days bringing incredible amounts of moisture up towards southern texas, into louisiana and mississippi. this is one of the latest computer models that is a reliable forecast. take a look at this. there is new orleans. look at legends. over 12 inches plus and noaa

noaa is saying we could get in excess of 20 inches. i don't wants to hypothesis. but i want to make sure folks along the gulf coast need to be paying attention to the forecast this weekend. even if this doesn't become a named storm we'll be dealing with the potential for incredible amount of rain. easily a foot of rain across maybe portions of new orleans up into mis. you remember tropical storm allison? it brought 40 inches of rain, megyn. this could be a very, very big deal, even if we don't even name this system. there is katia. right now no rage threat to land. but of course we'll monitor it and we believe it could gulf coast a cat-3 storm in the next few days. megyn: was it religious safety

concerns that sparked a near riot? a he says, she says. why secretary of state condoleezza rice says dick cheney is attacking her integrity. abc facing allegations it is pushing a homosexual and transgender agenda. our friday power panel is next. map

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rescheduled for next thursday. is she on the guest list or off? former republican senate candidate christine o'donnell invited twice to address a tea party event in iowa, then she was disinvited two is. it appears she will not attend. but stay tuned. the scenario raises questions what role if any does she play in the gop and what role should she play? this got all sort of coverage. there was an emails flying back and forth at fox news. she is in, she is out, she is in, she is out. the question is was she booted because sarah palin is the

headliner at the events. no one is going on the record with it, what do you make of it? >> i think it stinks. it seems too fishy they would keep reneging back and forth. i think christine o'donnell's campaign was poorly run and she watched her career unravel after that campaign. megyn: is she relevant ... >> not that relevant. this makes palin look bad, the tea party look bad. megyn: do you think christine o'donnell will be someone who is debated in republican and democratic circles? >> no. i will put money on the table that sarah palin did not want christine o'donnell chipping into her shine. she is dealing with the presidential candidates stealing

attention away from her. megyn: there is a lot of controversy around christine o'donnell. and to have her be her opening act may be an entirely different thing. then you are personally associated with her and a lot happened since that election. >> part of this could be not wanting to share the stage with christine o'donnell. think about the people coming to attend. some coming from texas, and they are paying, they want to see sarah palin maybe some of them are christine o'donnell fans. megyn: some apparently complained. >> they got 20 emails. that's it, and the organizers panicked. megyn: that makes me question whether it's real or not. as it stands right now palin is going, o'donnell is not. kois speak oukoissecretary of sa

rice speaking out saying she doesn't appreciate vice president cheney taking shots at the former bush administration. >> i think cheney has a right to write this book and tell his account. heats are rolling as he said -- megyn: exploding. do you think he made a sexist comment when he talked about how she cried. >> a lot of people are upset about that. he said she tearfully approached president bush when she was talking about apologizing for iran. megyn: when she offered this apology she was tearful? >> i'm not sure it many sexist,

what's wrong with emotion whether you are male or female. megyn: it was colin powell who said he thought it was inappropriate. >> i think the whole thing stinks. he's going out there promoting his book by taking down his former colleagues, people he worked with. there has to be some level of loyalty. she is right to call him out and defend herself. to say someone misled the president. that's a serious charge. >> you democrats love this kind of stuff. >> think of the criticism he has gotten since he left office. this book will maybe correct the record. that's how he remembered it. megyn: i want to skip to the fourth topic. "dancing with the stars" is including chaz bono. who was born chastity bono with

sonny and cher. now she'll participate as a man with a female partner and people are upset about this. abc is apparently getting nasty emails accusing them of having a transgender or gay agenda which is confusing apples and oranges. and saying they are not going to watch the show anymore. >> this is what i have a problem with. those message boards, they are attacking chaz bono but not mentioning carson cressly who is openly gay. megyn: you want more hate. >> i don't want more hate. i want the people to think about these messages they are writing. do people know chaz bono? he is a real i-nice guy. it's not fair for people to go after him. abc wants ratings? people will watch the show.

>> i don't think this is about pushing a gay agenda or transgender agenda. this is pushing a ratings agenda. every year there is controversy. there what is controversy when bristol palin was on. there are gay people in this country and entrance gender. megyn: what parents are objecting to is i don't want to be forced to have that conversation about what it means to be transgender with my children with whom i watch this show or did prior to this. that will force an issue on us that we are not ready to deal with. >> these parents can vote with their remote control. they don't have to watch "dancing with the stars." and maybe they will change their policy. megyn: should they? would you? >> i probably wouldn't. i don't like "dancing with the stars." it many not my bag. megyn: that's not the issue. >> i think the producers are looking for ratings. if you look at at rest of the

guests, they are d-list celebrities. >> they are saying we are showing you a wide swath of what's out there. megyn: they had 120 celebrities and three that are transgender or gay. they say it's in the like we are promoting an agenda. >> they talked about men dancing with men. they were caulking about krg carson cressly dance with a man. >> the reality is whether they like it or not there are people in this population that are gay or transgender and they are here. >> and show more than just gay people dancing. >> didn't oprah give chaz bono an entire show on her network? megyn: people are yealy upset about it. i think it's brave of chaz bono.

>> mama cher is all over it. >> transgenders go through so much pain and emotional turmoil. and i don't think they need people piling on and mocking them when they do something many people consider brave. >> shes making it better for other people who are transgender. megyn: thank you so as much for being here. we are not allowed to wear anything on your head if you want to ride the roller coaster in new york. but a large group of muslim women did not like the policy. and it wound up sparking a near riot forcing the park to shut down. were they right? >> the cops came and blew it out of proportion. they came ready to attack. they were pulling me. i had to call my brother-in-law.

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megyn: "kelly's court" is back in session. on the docket today a religious riot bringing fun to a screeching halt at one of the happiest places. a group of 3,000 muslims celebrating the end of ramadan with a trip to the amusement park. but the smiles turned to frowns when the women were told to remove their heat scarves before getting on the rides. the park claim the trip organizers knew of that policy well in advance. but still the women became enraged. cops were called in and a melee ensued. >> the cops came and blew it out of proportion. they came ready to attack. they took my brother and threw

him on the floor. they took my husband and cuffed him in front of my children. >> one of the cops came and threw me to the floor and they jumped on her. megyn: these women are considering legal action. but do they have a case? let's ask our panel. mark eiglarsh and lee armstrong. we just found this out before the show today that these women are weighing option as they consider taking legal action. what could they sue the park fork? >> i don't think they will prevail. i think they can get them to take a closer look at their policy. they have a right to say what they like in the interest of safety. but let's look at coney island. six flags. they permit these women to wear this religious garb. in may a group of muslim girls went to that park and were

allowed to ride all of the same rides wearing their religious head gear that is the subject matter of this dispute. so i'm questioning why the arbitrary, why the lack of consistent enforcement on these rules. megyn: that's the thing. that's where they are going to go. you have got your policy, but other parks don't have that policy and even you have allowed muslims to wear their head scarves on rollercoasters. was it too many muslims? was it ramadan? was it discrimination? >> that's where they will go. but it won't succeed. the fact that other parks are more la imrks doesn't make it other parks right and this park wrong. if they don't -- if the other parks -- god forebid someone gets hurt. what do you think the first thing they will say if they sue. if a woman riding a rollercoaster, they will point to the fact that other parks have this rule. a rule on its face is not

intended to discriminate. it's intended to provide safety. i don't think there is any argument on its face that's what this rule rise intended to do and they will not prevail. megyn: i think there is an argument because they are considering it right now. and there is an argument whether that is -- these women are saying it can be tide tightly. it doesn't necessarily fly off. the women have ridden these rollercoasters before. it's not a safety risk pn. they will say the fact that it was permitted in the past shows it can be done safely. >> it's not a safety risk. the reason the rules were prom you will gate is because of the hats people wear. these are tightly worn and the chances of it coming off. yes, with it's theoretically possible. by the possibility is so low it

poses almost no threat. >> you would know that because your engineering team is busy back at the shop running the numbers. >> crunching all night long. >> i'm team has's finished yet. common sense. scarf meets machinery. roller coasters are designed to be jerky. to almost try to pull a hat off your head. i don't know that everyone will wear it as tightly as possible. you don't want to take the risk. here is what's crucial to remember. there it is. we are not talking about somebody's right to earn a living, to go to work and say i have to wear this. we are talking about a person's right to ride the crazy mouse. and the two just are not the same. megyn: that's the second bill of rights? but it's in there for sure.

>> it's not the same as you simply removing your do-rag and nose ring you wear on the weekend. this is something they enjoy through their religious freedom. megyn: we are all conceding the parks have a right to set safety policy. and there have been incidents in the past -- they point to a sayings in australia where a woman was strangled. >> it was a different ride. i read that case. megyn: it was a go-kart. >> but the rollercoaster you can't. >> how about the other person wearing a scarf on the same day this dispute happened. wearing a scarf on a different ride that wasn't muslim. >> that's a better points. if you show inconsistent

application of this rule that will help make the point. by the way, since you took a shot at me. i'm making a public appeal. when you go on the crazy mouse. wig off. megyn: got to go. thank you, guys. one final word. it's not discriminatory to have a policy that's enforced among all religions. i say the women have no case. we'll be right back.

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. >> megyn: one of the reasons for the drop in executions? high cost of death penalty prosecutions. dan springer has more live from seattle.

>> reporter: studies show that death penalty cases cost two to three times more with life without parole cases. leading many prosecutors to seek the death penalty less often. we know sentences down 60% in the last decade rising cost is a factor. in seattle there are two death penalty cases and the legal bill combined 4 million dollars, neither has gone to trial yet. in one the defendants confessed and said they wanted to be executed. prosecutors say defense lawyers are driving up the cost looking for mitigating circumstances. >> there isn't a lot of oversight, there isn't a cap. they are allowed to spend. they are given a blank cheque. >> reporter: small counties are especially likely to not seek the death penalty. there's an effort in california from a group called taxpayers for justice seeking to abolish capital punishment

because it is too expensive. over 35 years, four billion sent, 700 on death row, 13 executions. there have been attempts to put caps on the a.m. defense can spend but they've gone nowhere. they say don't blame them the stakes are high and they are doing a better job. -- >> these kindses are extraordinarily difficult to prosecute. -- they of necessity cost an extraordinary amount of money to do right. >> reporter: 34 states still have the death penalty. polls show 2/3 of americans still support capital punishment, even as the costs go up. >> megyn: the aftermath of hurricane irene still devastating new jersey, among other places. why so many cities there are flood ravaged even as the passaic river is receding. we are live with that story, next. crab

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