sausage-shaped pups taking offer the streets in poland, wearing creative, flashy costumes, some dressed as batman -- batman, the others as babies, competing for the best outfit. isn't that adorable. heather: very cute. gregg: happy labor day, thank you for being with us. "hapning now" begs right now. >> this is a fox news alert, flood watches and warnings down in the south. hello, i'm kelly wright in for jon scott. jamie: i'm jamie colby in for jenna lee, "happening now, the aftermath of tropical storm lee, tore earnings israel -- torrential rain, even more than a foot, and though the massive storm has lost much of its wind power, this is a system, folks, the slow moving rain and clouds could pose more of a flooding threat right now because the

water damage is already pretty straining. >> the subdivision, you can look here now, it's all flooded. >> like you got people walking in it, and boats and everything back here. >> i've never seen water come up that high, people are weighedding -- wading through. >> we're going to kayak back to the house. >> it's scary. >> you heard the woman saying we're kayaking back to the house. check out the video from one of our fox view respect, they captured these dramatic images surrounding his apartment complex and now, fears the flooding could get even worse. check out this live shot out of new orleans, not far from where we find our own casey stegall and he is live in the french quarter. casey, we can see water coming over what appears to be a possible levy. i don't know if that's like pontchartrain or what, but what's happening out there after all this rain? >> well, kelly, it's

incredible. obviously, flash flooding is certainly the headline on this labor day, especially when you consider that more than a foot of rain fell in the new orleans area here alone. the good news, however, it was not the 20 inches that was previously forecast, because when tropical storm lee came ashore early yesterday morning, the worst part of it actually went to the east of the crescent city, however, streets still look more like rivers in and around this area in places such as plaqueman's parish, where there were reports of the levy leaking in three different spots but we understand bulldozers worked to get that catch up on and on the north side of lake pontchartrain, folks in slidell, louisiana paddled their way around in canoes. everyone has their eye on the sky, waiting for the rain to taper off as the relate naves of this storm now move inlawn and the

moisture is supposed to stop falling. it is important to point out that most of the water you do see in the areas, kelly, from that video is not from levy breaches. there are no reports of any serious breaches with this storm. it is just from all of the precipitation that fell from the sky on an already saturated region. no doubt they are looking and hoping that this thing will wraup up so they can begin to dry out. >> i'm glad you made mention of the fact that these are not from levy breach, because those liveys a you know were actually given a bad grade, but this isn't a wind effect, this is actually rain, and as jamie was talking about, there's been a deluge of water there, just a lingering and the hoffing of this rain. so has lee kept labor day travelers away after all of these warnings? >> well, not according to tourism officials. and obviously, we were here live with you guys all weekend long -- and the french quarter was bustling. it's early in the morning still but folks are already

getting out and about, they've got their umbrella and ponchos on. tourism officials, typically, listen to this, $200 million is generated over the labor day weekend from all of the people that flock to the crescent city, and while the official numbers are not in yet, they are, however, apparently looking good. listen: >> we're right on par with what we normally get. i think you had a lot of visitation this weekend, the hotels are full. yeah, the storm did cause some cancellations, but nothing to cry over. i think the city was in relatively good shape this weekend. >> reporter: again, people here are taking in stride, at no doubt the hotels, restaurants, bar, all of the businesses certainly to hear that as this is really the last holiday of the summer before the kids head back to school and things like that, so certainly folks happy that lee didn't push those crucial dollars away from

the region. gregg: if there's any good news out of this at all that, would be it, the fact that they're making money, the die hard partiers are soaking up the labor day weekend. >> soaking it up! no pun intended! >> exactly. >> those pictures are unbelievable. >> they are. we're going to be talking to the president of the parish that casey mentioned. that's coming up, to hear about the waters. meanwhile there's another huge storm, because the wind from tropical storm lee has stoked massive wildfires going on in texas, north particulars in particular, the fires scorching thousands of acres. a county spokesperson says at one point, the crews were battling nine separate fires, then suddenly they had a rain storm that moved through, killed the flames in a matter of month -- minutes. >> meanwhile in texas, not so lucky, a woman and her 18 month old daughter were killed when her trailer was consume in flames and five

other -- five other homes were also destroyed. greg gregg that's just the thing dallas didn't need. what texas needed was a lot of rain. they didn't get it from lee at all. and as remnants bring a new threat of flash floods across the southeast, hurricane katia is churning far out in the atlantic. we've been following that, and it could reach category three status by tuesday. so what could this mean for the east coast which is still reeling from the remnants of hurricane aye stphraoepb meteorologist maria moli informal. right now live in the fox extreme weather center with more details on katia. >> reporter: we're tracking katia now and as of 11:00, we do have been advisory, katia has strengthened more and currently has winds of 110 miles an hour, just shy of category three status which would be 111 maximum sustained mile per hour winds. here's a look at the tropical site, a clear image, a lot of conversion

and heavy thunderstorms and a circular shape. it's a beautiful storm and not impacting any land masses. it's well to the north of the lewood islands and specifically the center is 40 miles to the south of ber kpwhraoud and it is forecast to actually become a category three storm later today, that's the latest advisory, and as far as where it's going to go, i do not think we're going to be looking at direct impacts across the u.s. of the coast, but at the very least you are looking at a risk for dangerous ripcurrents and very rough surf along the east coast as katia approaches the east coast. where the center is going to go is between bermuda and the east coast. that's very good news for the land masses. we think the center is going to stay away. but there is time to go, during the thursday, friday, saturday time period. if you do take a look at the tropical models, some of them do take it away from that general consensus across central portions between the east coast and bermuda. we're going to keep a close watch on this.

we can still see changes coming up in this over this track in the next several days. the center of the area of low pressure, just across the south, still pumping in a lot of moisture from the gulf across these areas and there is a risk for severe weather with a tornado watch in effect until 4:00 p.m. central time. this is something else we're going to keep an eye on. there are a few tornadoes across the florida panhandle and southern portions of alabama and you pointed out irene that left flooding across the northeast. we're looking at that moisture creep going this region, also associated with the cool front. so the cold front and lee bringing a lot of moisture to the east coast of the u.s., guys, over the next several days. not good. gregg: you said that katia was a beautiful storm. that's a way to describe it, but boy, could it have ugly effects if it ever reached land. let's hope it doesn't. >> pretty in the water, away from everyone. >> that would be great. thanks maria. the wild weather that is ripping through new york state, a tornado, can you believe this, look at the

size of t. touching down near the capitol of albany, eyewitness news video coming into our newsroom, these are incredible pictures, you can see the funnel cloud spinning through the area. i'm always baffled by people who get this close. but that torn aid oerbgs cutting a path of destruction and fortunately, there were no reports of injuries, but the twister -- twister did damage homes and knocked down trees and power lines and the folks described the tornado as it hit. >> it was really like a really bad thunderstorms at first and i heard this really loud roaring noise and a huge wall of wind and water and debris just hit my house and trees started going down left and right. >> it's just devastating, houses were damaged, roofs were torn off the house, trees are down all over the player they look like toothpicks thrown aside. >> well, this is an area that was already hit hard when irene came through, and they were already eligible for federal disaster assistance because the folks there had so much damage from irene.

>> and speaking of hurricane irene, once again folks in vermont are struggling right now to pick up the pieces after the devastating storm effecting on that area, the salvation army and other relief groups there bringing desperately needed food and water to the hard hit town of rutland, just one of five counties across the state officially approved for disaster relief by president obama, about 200 members of the maine national guard are also helping with the relief efforts there. as a matter of fact, our viewers have been doing a great job, a fan tastic job of helping us deliver the news by sending in photos and videos from their own neighborhoods. right now we're updating our you report website with lots of new interesting feature. in the meantime if you have images you'd like to share with us, e-mail us, you report, foxnews.com, you can see them on the air. one word of caution here, if you're out there like we saw the gentleman giving the video of the tornado in new york, please be careful. >> do it safely, but we'd

love to see it. >> there's saerpbl lot of politics going on, in addition to the weather and news. very nice shot, by wait. a big day in the gop race for the white house, republican candidates are gearing up for their conservative forum in the early primary state of south carolina, and tea party favorite senator senator jim demint leading that forum and jobs and the economy, no surprise, said to be the primary focus. chief political correspondent is live in charleston. jobs and the economy. you think? what about the labor day weekend and the fact that they're going to be at this forum. what can you expect there? >> it's obvious. jim demint, south carolina senator has been doing this with steve king, the iowa

congressman now. this will be the third presidential forum, they went to new hampshire, the first primary state, this is in south kaz, coming on labor day. it's significant, jobs and economy, the primary focus as this thing unfolds, but there's going to be an absentee, texas governor rick perry has let it be known, at an event he told people he would be leaving the state after that event and not coming to the forum, in order to go back home and be the governor of texas where the wildfire problems have become sear louse low -- seriously a difficult challenge for the lone star state. in fact there have been deaths in the last couple of days, the fires continue to grow, and mr. perry said he was going to go back to texas in order to deal with that. that leads the for heo leaves the forum today with a roster of five candidates, michele bachmann will be taking part in this, her main cain will be here, newt gingrich will be here, texas congressman ron paul, as will mitt romney, each will

be questioned by congressman king and others for about 20 minutes, they will run sequentially. this is not a debate but south carolina is a very, very important state. no republican president has ever become president without winning the south carolina primary. it's been in existence for 35, 40 years, it is very, very important, symbolic, as well as. perry's absence means this will wrap up a little bit earlier, voters will not get to see the juxtaposition of rick perry and mitt romney speaking back to back at this forum today. a lot of south carolinians will be disappointed but there's a bigger debate in south carolina, the furs time a full field such as it exists now stand together on the stage, including rick perry. >> interesting goings on. i see you're in columbia, thank you very much. >> one big question in post- qaddafi lib kwrarbgs who will control the oil and

why certain nato members say they have more of a claim to it. we're live with that story. >> can you th-bl kelly? it could be the end of the u.s. postal service as we know it. the agency as you know it in serious financial trouble, and the impact it could have on your mail. there are changes afoot. >> indeed. if your kid got a flu shot last year and think they're protected this flu season? well, think again. why they may need to roll up their sleeves be revaccinated and soon. we'll go in depth. >> ouch!

>> welcome back. turning our attention to libya, a new chapter is beginning with the conflict there, the competition for the vast oil resource social security on. among nato countries that help push moammar qaddafi to the sideline. national security correspondent jennifer griffin, live in washington, so jennifer, it looks like the chinese could be shut out of future oil deals, is that right?

>> well, the chinese were one of the largest investors in libya's oil fields prior to qaddafi's fall. now it turns out they were providing the qaddafi regime with arms as recently as july according to libyan opposition leaders who say they found a receipt in government offices they've been sifting through, a receipt for $200 million in weapons for missiles, rocket launcher, and guns, they were supposed to be shipped through algeria. a chinese foreign ministry spokesman at first denied providing weapons to the qaddafi regime, quote, chinese companies have not provided military products to libya in any direct or indirect form. then the chinese spokesman just released a statement saying they're looking into these allegations and that some chinese companies did meet with qaddafi representatives in july. they're saying they're taking that allegation very zeroo seriously. rebel leaders are saying they may bring this up at the united nations. you'll remember that china abstained from voting in favor of the resolution

authorizing the use of force in libya back in march. this is a fact that rebel leaders say they won't forget and the same goes for russia, rebel leaders say that it's not clear russia will be given access to those oil fields because russia, like china, did not vote in favor of the u.n. resolution authorizing force. >> $200 million, as you mentioned, that's quite a substantial deal if it's found to be true. who will get first dibs on the lucrative oil contracts that will exist? >> well, essentially those nato members that enforced the no fly zone and rend the rebels. secretary of state hillary clinton met with the nato contact group in paris last night to begin hammering out these post wa davi era issues and a real fight between nato members started brew, the french government wants its oil owe, total, to be given preference, italy is fighting on behalf of its oil company, eni, the british are tpwoerbting on behalf of bp and it's a

question whether hef will be represented. in libya the its peak production, libya produced 1.1 million barrels of oil a day, it's been turning out just 60,000 barrels a day since the fighting began in march. >> jennifer griffin with a report from washington about libya and its process forward. thank you. >> without a doubt, tennis star ralphal nadal is a world class athlete but he gave a world class scare yesterday at a press conference. look at him here. back he goes, and he passes right out. a post-match news conference like we've never seen. we're going to show you the video and let you know how he's doing. that's straight ahead. >> and plus, president obama gearing up for his big labor day speech. he's headed to detroit later today and we are expecting a preview of his address that he'll give congress and the nation this thursday. when he arrives we'll bring

it to you live. in the meantime we're going to talk about whether or not the president can really kick start this economy and get folks back to work. karl rove, weighing in, right here, "happening now". we'll be right back.

>> good to have you with us. there are brand new developments in what could be, and many are saying this, the most important speech of the obama presidency. we're awaiting mr. obama's rash, he'll be at a labor day eient in detroit today and he's expected to give some detail, a little bit of a preview of his jobs plan. just days ahead of when he'll address a joint session of congress and the nation. some republicans remain skeptical about the president's plan. >> i don't think the president is going to come out with things that are really going to create jobs.

i'm afraid it's pandering to his base. but if he'll send a written proposal, i'll give it every chance, but i'm not interested in his speech right now. >> and joining us now, karl rove, a former senior adviser to president george w. bush and fox news contributor. karl, you don't need any introduction, i'm so glad you're here on this topic. how are you? >> fabulous, how about you? >> good, great to see you on this labor day. we want to get people back to work. do you expect the president will say anything that can change the situation we're in, the crisis? >> you know, looks, we don't know exactly what's going to be in the speech. we've heard a little of the proposals but nothing that seems earth shattering. look, he's gone to unveil it on thursday night, he's run going a lot of skepticism, however. if you take a look at pollster.com, the average of recent polls gives him an approval rating on the economy of 31 percent and a disapproval of 62 percent. which you know, a 2-1 margin on a big issue like that is

not helpful. and if you dig deeper into the numbers, it's even worse. take, for example, the economist magazine ran a poll and on all 13 issue questions, the president was upside down, with stronger disapproval ratings than approval, but if you look inside the numbers, it's even worse. those who strongly approve of the president's performance on the economy are outnumbered 7-1 by those who strongly disapprove, same on the decifit, on taxes the strongly approves are outnumbered 4-1 which means you've got a very skeptical public, so words are not going to matter as much as action and it's unclear that the things the president is talking about thus far is going to have an impact on jobs, particularly in the short and medium term. >> the fox news poll which i'm sure you saw in the last week, where more than 70 percent of americans say that the political system isn't working the way it should, and what struck me is some some -- some 80 some

odd percent of those people are democrats. it's not just republicans who are criticizeing. what will democrats be looking for when they watch the candidate that they've put in office on jobs thursday? >>y, there's lots of tension -- yeah, there's lots of tension within our political situation. democrats are looking for the president to go big, the afl-cio, head of the teamsters say we want a big, expensive jobs program, yet at the same time, the american peoples' appetite for bigger government, expansion of the debt is very limited, so there's a tension between the president's base and independent voters in particular, they've got much different attitudes, much different ideas of what ought to be done. there's also a tension within the president's strategy team. are you going to basically try and encourage republicans to vote for something and show the president as somebody who can get something done or basically try and recreate

1948 and have the president run against the republican congress by giving them things which they're unlikely to approve and then run against them for not having approved them. the difference between 1948 and today is that harry truman had a republican congress sitting on the sideline, waiting for a new republican president, refusing to pass things that were popular. it's union clear that the president will necessarily propose things that are going to be as popular as harry truman was advocating in '48. >> that's great point, karl. >> it's interesting. >> he has to propose something that will pass or 14 million americans don't go back to work. before i let you go a. quick question. he's addressing the unions today, and the unions from what i recall were hugely supportive in his election and probably in his reelection. when they hear the speech, will they be pushing for more spending, and how will that affect all of us, if that's the plan we hear? >> they are. they are. trump ca and hoff, leaders

respectively. afl-cio and the teamsters, have wanted the president to go big, have a big jobs plan but there again is the tension between what his base wants and independent voters want. there's also a tension between the labor unions, the afl-cio said we're not going to participate as we've traditionally done through the democratic party, we're going to set up our own group because we're fed up with the president, with the democrats, we don't think we're getting what they need to get from them, they've been too timid, too ready to compromise, so we're going to sort of sit, operate independently, and then this morning, there were reports that political donations from the unions are down 40 percent compared to two years ago, and that a lot of labor movement, the leadership is sitting on the sidelines and saying we're not going to participate. >> karl, that is so interesting. we're going to have to watch reaction from both sides on the speech on thursday. thank you for your preview, we appreciate it very much. have a great holiday. >> thank you for having me on. >> trop cat storm lee,

haerpling the south after torrential rain or new orleans, putting levees and flood prevention systems to a very severe test. a live report on how they're holding up in the crescent city. that's next. >> plus, children going back to school may need more than books and pencils. getting a influence shot could also be vital. why this is so important for your child and what you need to know, straight ahead. and, imagine this, find ago crocodile, 21 feet long, the size of a great whale. we'll -- a great white shark, i should say. we'll tell you where this guy was discovered and where his next home will be.

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visit tempurpedic.com now. temur-pedic the most highly recommended bed in america. jaime: right now new orleans is bracing for even more flooding from what is left of tropical storm lee. and they don't need it. more than a foot of rain pounding the area and it's flooded neighborhoods and really inundated roads with water. the picture tells the story. the storm surge is considered minor and the army corps of engineers said it did not prove to be a real test for the city's post katrina levee system. really? let's ask billy. billy good to see you again. over the last couple of days you expressed passionately your concern about those levees and the fact that this federal money sitting for two years i believe you told us that you can't get your hands on in order to support the levees. was all the aggravation worth it? >> absolutely not. this wasn't a page are storm and

we still have highway 23 with four foot of water on it cutting off all those people completely from getting out. and this was approved by congress and funded. and the corps keeps pushing it back on the schedule. and the general says he don't know if he'll finish the project, there is not enough money there. jaime: since we've been talking about it and the people of the community have contacted elected officials saying fix it up, hurricane season is not over, any movement? >> no we're planning on doing some work ourselves as we've done in the past. we hope to hear from general walsh and move this up on the schedule and finally do this work. it's crazy we do this year after year after year, four hurricanes, we are still waiting on the corps to fix the levee. jaime: where do you stand in terms of the need to attend to

this? >> we are waiting on the weather to move out. the storm has hung around for three days. we still have heavy rains and the wind is pushing the water up against the levee. in the next four or five hours we hope it will move far enough north to where the winds will come out of the north and we'll be able to push the water out. so we'll cut the levees and let the water out so we can get our highways open. jaime: we are looking at live pictures at the other side of the screen right now at the water in ne new orleans. it certainly is pounding the pavement. thank you for joining us again, the president of plackerman's parish. >> thanks so much. jaime: kelly. kelly: the doctor is in, it's that time of the year again everyone, kids gearing up to go become to school, in facts millions of them.

on top of books and supplies your child might need another flu vaccination. most children need to get a flu shot even if they got one last year. moms and dads listen up and listen to why this is so important for your little ones. dr. ernest padding. a lot of people are saying, my son, my daughter had a flu shot last year. >> our immunity wanes as the year passes. you can lose up to 50% of your fighting ability against the flu virus. it's important to get a yearly booster. that is key in addition to other tools that we can can do to prevent the spread of the flu. kelly: what ages are we talking about here doctor. >> one year, they want children to be vaccinated again. anybody who has a risk of

chronic health disease, the very old, and the very young they need flu vaccines. kelly: i understand the vaccine is the same this year as it was last year. >> yes, what they do every year is look and predict what flu strain will be the most significant or virulent and concoct the vaccine to combat that. you still need a booster shot. kelly: among the children today there are high-risk groups out there. can you identify the high-risk groups and why those children in particular need to rush to get flu shots. >> those with respiratory illnesses. , it's important that their family and caregivers adhere to common-sense practices to prevent them from getting the flu. kelly: give me an idea.

>> wash your hands. soap and water is one of the most key things you can do to prevent spread of infection. if you sneeze use tissues or coffin to your elbow. the fist bump or the elbow tap are popular. these are ways we could cut down on the person-to-person transmission of the flu virus. kelly: the fist bump was fool, also save and very hygienic. the bottom line is take care of your children this year, get the flu shotgun, it's the best advice going. doctor, thank you for joining us. we can wash our hands with soap. >> and we have the water in the back, thank you. kelly: thanks, jaime. jaime: that is information news. this video is incredible. it was such a scary moment for tennis da star raphael nadal. he was discussing his third round victory at a news conference, check it out he slumps in his chair, he falls

over. he was suffering from a cramp in his leg. after taking a break for medical treatment he resumed answering questions, and we hear he's going to be just fine. meanwhile, a mysterious story about some mysterious explosives, they were deadly, they vanished at an arizona airport. how did it happen? why were they there? what does it mean for airport security, as we are about to mark ten years after 9/11? we've got the latest details, the bizarre story ahead. plus your mailbox it may soon be empty unless the postal service can find some desperately needed cash. it's a crisis, and it's making it really hard for those few snail mailers, oh, come on we all mail a letter on occasion. should we worry? next. ♪ [ country ] [ man ] ♪ gone, like my last paycheck

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jaime: over the last couple of weeks we've been following violence in syria. many, many citizens have lost their lives. this is new video that came into the fox newsroom we wanted to show you that does show active gunfire in the city of hamm, syria. it's impossible at this point to tell if it is related to bashar al-assad loyalists. it tells you how fluid and dangerous the situation is in syria as you hear the gunfire in the back. and i'll stop talking so you can hear just a little bit of it. [gunfire] jaime: we're keeping an eye on the situation for you throughout the day and we'll let you know of any further details. this video into fox news from syria. kelly: some developing stories we're tkaoepg an ey keeping an eye on as well. the trial of hosni mubarak and today hundreds of protestors scuffling with police outside

the courtroom. hosni mubarak facing corruption charges linked to the uprising that toppled his government. rescue crews looking for survivors of a deadly typhoon in japan. more than two dozen people killed there. thousands more stranded when the typhoon washed away bridges, railways and roads. and a small plane crashes and bursts into flames sparking a fast moving brushfire near a california mountain community. one home burned to the ground, one hundred more in the line of fire, and evacuated as a precaution. jaime: the story we all need to know, the u.s. postal service is in dire straits right now. the agency is facing a massive $5 billion shortfall, possible default. the post master general, patrick donahoe says that the service may have to shut down completely unless congress steps in with with immediate aid. national correspondent steve centanni is live in washington. steve, i remember them kaeug you may not get service on saturday,

you may not get service now at all? >> reporter: well it is a difficult situation for them. a spokesman for the postal service responded to my email this morning and said the post office needs help from congress immediately to deal with its financial crisis. first and foremost are the labor contracts that procedure bid layoffs. a spokesman tells fox in order to return to profitability the post office needs to reduce its career workforce by approximately 220,000 by 2015. but cannot do so under the terms of existing collective bargaining agreements. and that's not all the post office is seeking in congressional legislation. they also want to change the law requiring the post office to make $5.5 billion in annual payment to pre fund retirement health benefits. return 6.9 billion in federal employee retirement system over payments and allow the postal service to move to five-day delivery. so they are just asking for

help, jaime. jaime: today is the day that the h-t will address unions, so the question is what about the postal union? how do they feel about the proposed layoffs, steve? >> reporter: doe don't like it one bit. they say it's a clear attempt to destroy collective bargaining. they are going after darrell i issa. he has a website that would create an oversight board that could order cost cutting measures and avoid the union contracts. the union fired back with this statement, representative issa who likes to show himself as a fierce opponent of union's money has created a click hi tech website that bashess the postal service, using, you guessed it, taxpayerers money. jaime: court action resumes in

the case of an american student convicted of murder in italy. will it be enough to win the appeal and free her? a scam targeting your cellphone. you've got to listen up and see this one. why it could end up costing you big bucks. now we can help you find ways to protect yourself. that's next.

jaime: they are calling it a giant crocodile. i say it's enormous and it heused quite a stir in t the villagers captured this

21-foot long monster weighing in at 2300-pound. do they even have a zale that big? officials say that the saltwater croc killed a water buffalo and may have killed a local fisherman. they love him any way. they are going to accepted him to a local tourist park, and they hope the locals who come to see it will pay money for this frightening attraction. kelly: talking about another problem right now, a long distance phone scam now spreading. the feds say it's targeting your cellphone. it works one of two ways, either your cellphone rings a few times and then disconnects the call or you can get an email or voice mail telling you to call a specific number, and it's not one of those 900 numbers we've been warned about so often, but one that starts with one of these area codes that you're looking at right there, 649, 808. 284, 876. they look like domestic numbers, right? they are not.

once you call them you're connected to a phone number outside the u.s. and charged expensive international calling rates. we have the coof of dina link communications. he joins us now to talk more about this. how big of a problem is this. >> this is very extensive. the scam artists have kept up with technology. because everybody is using cell phones now and the internet they are targeting everybody through these other devices. kelly: how many dollars are we talking about, in terms if someone calls any of these numbers, how much can they be charged per minute. >> they can be charged $25 per phupbt to a hundred dollars per minute. the problem with this is there is no regulation. if you have a 900 service in the united states there is regulation they have to let you know how much it is per call and they give you a certain amount of time to hang up on the call. that's the biggest problem here. kelly: some of the areas that we're looking at you can in fact call kwroes area codes. you're basically stating to of

the scams are coming from other places and it's hard to get your money back if you know you've been p wronged. >> what happens these numbers most of them are in the caribbean, don't be fooled if you don't see an 011 number before the call which is an international call. you can get your money back and go ahead and speak to the phone carrier. kelly: we are looking at phone scam notifications right there. things like, you've run a price, call to collect. family members desperately ill, call, are these the things they are send stph-g. >> these are the things they are sending. they are making the money that are paying their phone bills and are not realizing it. you have 300 million americans, most americans with cell phones. you always have to check your phone bill, because if you catch it on the phone bill and you go to get a credit, you know, you can stop the scam and the phone carriers can also block the calls through their switch, so it's paying the bill where they are making the money. kelly: wow, what a scam.

i just received this earlier and i talked to you about this. as well as our producers, this is actually in to my phone, it says congratulations you qualify for a gift card to a certain place, and then it gives me an 855 number to learn more. shall i call them? >> don't call it back. kelly: why? >> don't call any number back that you don't in that looks fishy. there are a lot of scams right now. kelly: i never applied for a gift or anything like that. >> if you do a search through one of the search engines usually you'll see the stuff that's happened before with certain numbers. so the best way to do it is if the number looks fishy don't call it back. kelly: good advice. if it's fishy it smells bad. >> absolutely. kelly: thank you, man, i appreciate that good advice. >> thank you very much. jaime: leave it to the producers of "happening now" to find the greatest video of the day, a sporting event with very big players kicking off in thailand, it's the king's cup elephant

polo. 12 teams, 22 h elephants from all around the world. the game begins with opening ceremonies. a monk offering a prayer, blessing the elephants with holy water. then the game begins. the money goes to groups that protect elephants in thailand. there they are. also a major battle shaping up in libya. the rebel fighters extending a deadline for one of moammar qaddafi's last strongholds to surrender. but the fighting may break out before then and we're going to tell you why in a live report from the war zone. plus, as the nation prepares to mark ten years since the attacks of 9/11 what is being done to secure the new 9/11 memorial and the world trade center site and all of the places we will remember? an incredible look behind the scenes. hey, i'm really glad we took this last minute trip! me too. you booked our room right? not yet, thanks for reminding me. wait, what?

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kelly: fox news alert right now the gulf coast now picking up the pieces from tropical storm

lee. hello, everyone, i'm kelly wright. jaime: it's been a real brutal weekend that is for sure. i'm jaime colby, great to be with you. welcome to a brand-new hour of "happening now." the storm hitting parts of alabama, mississippi and louisiana hard. lee has weakened, but still on the move. maria molina hard at work in the fox weather center. >> reporter: even though it has weakened significantly we are feeling a punch from it because of the heavy rain falling. there were reports on sunday morning of as much as 14 inches of rain across southeastern louisiana. this morning we had reports of ten inches on the ground in mississippi with flash flood warnings in place. you can see it on the satellite, just because it's not a tropical storm any more, not even a depression that doesn't mean

that we are not looking at flooding concerns or even severe weather. there is a tornado watch in place until 4:00pm central times including parts of the florida panhandle as well as alabama, there is a potential to see tornadic activity out of some of the cells that do move onshore. a lot of heavy rain is building over portions of tennessee. over the next several days both lee and a cold front going across the area will be a slow mover. we are looking from 6 to 10 inches of rain from tennessee to the central mid-atlantic. the ground is saturated from all the rain and flooding we saw from irene last weekend, and now we are talking about more heavy rain possible across this area as well. it's going to be raining out in these areas, not just for today, labor day, but as we head into tuesday, wednesday, and the first part of thursday. because of the amount of rain we'll see over the next several days and the reasons we mentioned with irene and lee dumping in a lot of rain, and

ground saturated we have a number of flash flood advisories in the southeast up into pouring -gs of the northeast. parts of jersey and vermont dealing with flooding in areas. very unfortunate to see more rain in store for them. you tubing about flooding, texas still in a drought. no rain came out of the system lee. generally dry conditions across the region. what lee did for the area as well is produce gusty winds. we are looking at wind gusts 20 to 30 miles per hour over the weekend. we are looking at an elevated fire danger over most of the eastern parts and central and southern parts of the state watch out for the elevated fire danger today. jaime. jaime: thank you so much, maria. kelly: i want to keep our focus right now on lee for more of the damage caused by the storm. we are live in mississippi that has seen a lot of damage there. what is happening?

>> reporter: hey, good afternoon, kelly. well a lot of super figures, although extensive damage so far. keep in mind we are starting to get another squall come in. we've seen 15 inches here in biloxi -- kelly: we are having difficulty with her life shot. we will try to get back to her as soon as we possibly can. she is reporting live from biloxi, mississippi which has seen storm damage from tropical storm lee which has dumped six to 12 inches in that area alone and causing problems in nearby new orleans. we are looking at this right now, this is a shot we received earlier, showing the water coming over in the louisiana area. jaime: yeah, and we'll get back to elizabeth. she's been doing a great job over the last couple of days. right now, though, president obama is on his way, we saw the plane take off, he's headed to detroit for a labor day rally and a speech that he will give is expected to serve as a bit of a preview for the president's

address to congress and the nation thursday night. it's all about jobs, folks and look at the crowds that have gathered. chief white house correspondent ed henry is already there live in detroit. good too see you. i think everybody there is curious about what they'll hear. what do you expect. >> reporter: from talking to the president today, they say what he's going to do is preview thursday night's speech. we are literally in a parking lot in the gm headquarters in doe trite. motown a good place to road test some of the big picture themes. we are not expecting a lot of the details. he's going to save that for thursday night. he is according to aides going to challenge lawmakers in both parties to supupport his new economic plan, however the parts that have leaked out so far like extending the payroll tax cuts, having more infrastructure spending not really new, those are things we've heard before. there is going to be a high expectation thursday night to see what really will be new. also as the president comes here

to detroit you can see the detroit news this morning, public unions under fire this labor day. these labor unions, there is a union crowd behind me, they are frustrated because of state and local budget cuts. they are facing tough negotiations on their pay and benefits. a senator firing up this union crowd. the president is in part here for politics as well. labor day is a traditional kickoff of the campaign. the bottom line is that some of his union base is frustrated with some of the cutbacks they will be facing, frustrated maybe with some of the president's approach to jobs. this state, for example they think the auto bailouts saved thousands of jobs. the unemployment rate is down here right now, it was 14.1% two summers ago, it's now 10.9%, some improvement. let's face it 10.9% is far worse than the national average and it's very dangerous for a president facing re-election in a battleground like michigan to

have unemployment that high. jaime: i'm glad you brought that up -rblg historically presidents haven't won re-election if the unemployment rate is the same or higher. many would say that the president saved the auto industry. they were given money, they paid and now they are back in business. are there people there saying they are not satisfied with what the president might say or the current economy? >> reporter: we haven't seen very much critics here. this is a union crowd, very pro obama crowd. some of the local aflcio officials who spoke to warm up the crowd have already said let's thank the president for the autobail outs. there are critics of the autobail outs that say if gm may have been forced into bankruptcy you may have saved some of the jobs without having the taxpayers on the hook for so much money. this fight is going to go on

into the re-election. at the end of the day the white house thinks they have a good story to tell in states like this because the unemployment rate is coming down, but clearly not as quickly as a lot of people would hope. jaime: it sounds like your sources are saying that thursday's speech will talk about more spending too. thanks so much for being there live. we'll check back with you when the president arrives. ed henry live in detroit. kelly: the first witnesses testifying today in the trial of former egyptian president hosni mubarak. the ousted leader is charged with corruption and in complicity in the killings of hundreds of people protesting against his rule. ninan live inm with more. >> reporter: cameras were not allowed inside of the courtroom today. alternate the last session the judge said it was becoming too politically charged with people playing up to the cameras. so they banned them. police made any arrest of people, pro hosni mubarak.

some of the injured were transferred to hospitals in the area. the former egyptian president hosni mubarak was wheeled into the courtroom on a hospital bed. four policemen took the stand to testify against hosni mubarak and his top security aids. these men worked inside the police operations headquarters during where the revolution and the protests were all being monitored from. in addition to the situation inside the courtroom ten kuwaiti lawyers have decided to join the hosni mubarak defense team. they say this is their way of showing support for the former egyptian president who they say was key in getting a u.s. led coalition to ouster iraqis from kuwait in 1991. kelly: thank you so much for that report on what is happening with hosni mubarak. jaime. jaime: meanwhile, republican presidential candidates are already claiming the president is out of touch with the american people. how they'll use jobs creation as a campaign issue.

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jaime: right now new information on crime stories we are keeping an eye on here at fox. the mother of a missing indiana college student writing an open letter to anyone involved in her daughter's disappearance. 21-year-old lauren spier. her mother says, this is no game, we are in this for the long haul, we will never give up. 21 people were shot in one day in the big apple. they want new gun laws. police say aaron basler shot and

killed the councilman after he discovered two small opium poppy fields. his parents are cooperating with police. kelly: you're inside are america's election headquarters. the number one political topic right now is jobs creation. the president will make a major speech on thursday before a joint session of congress to layout his jobs plan. hilda s soliz, this is about the president's plan. she went onto say this on national tv. we do not need everyone to be on board and he is going to make that explanation yes clear on thursday night. she also wanted to say i'm excited about it, the things he is talking about are some things that have been supported in the past by republicans and democrats, such as infrastructure investment. providing assistance to dislocated workers. people who are out of work who have been out of work for six

months or longer. bob kusack manager of the hill gives us incite. what do you anticipate coming from republicans in reacting to the president. >> they are going to be on the attack. president obama has been on the defensive on stimulus, on healthcare. now he wants to playoff fence. it's going to be a complicated game. we have congress coming back, we have mitt romney delivering a big speech on the economy tomorrow. we have a presidential debate this week. a lot on the plate. president obama wants to put republican republicans on the defense of saying, hey i'm for a payroll tax, i'm for infrastructure pending which a lot of businesses support. it's going to be very challenging i think for the president to do that because of his approval numbers, and because of the jobs numbers that came out last week. the economy is not going to be improving much between now and 2012 economists say, now it becomes a message game, and who has the best message will

probably win this thing. kelly: not only a message game but this is a campaign issue now, jobs creation. >> yes, yes it's very frustrating for members of both parties, republicans and democrats in congress because there is no magic bullet. there is no magic bill that can create jobs. so this is going to be a competing ideas philosophies, who is going to win that, who can make the case that the economy under me, whether that's mitt romney, whether that is isrick perry, or under president obama. rick perry is targeting republican voters as is mitt romney. kelly: you mentioned rick perry and mitt romney who would be in the field of republican presidential candidates deemed as the frontrunners. now that it's labor day and the season really, really begins some of the other field of candidates, type is running out for them. they have to get prepared for the iowa caucus, when people

make official votes in terms of who will be the frontrunner and win the nomination. what would that republican field of candidates have to do? >> i think you're right, kelly. we've reached the point of no return. if sarah palin is going to get in she has to get in new. rudy guiliani the same thing. the republican primary voters have warmed to this field, because if you look at the polls it shows that president obama is beatable. so the infrastructure, the staffing, the money that is all being set up. if you're going to get in the race you've got to get in i'd say in september. past september 30th you really have very little chance, because now you have people who are going to be deciding who they want, they are going to jump in the game kwhr that is perry, whether that is bachmann, romney, ron paul. all of them. you have to get in right now. the game is over, you're either in or out. kelly: sarah palin who is in new hampshire today is she in or out? >> i think it's so hard to predict what she is going to do. she's been visiting these

primary states. she was in iowa during the ames straw poll, all eyes are on sarah palin. can she really build the organization and staffing to be a major player? i mean what rick perry has done is what tim pawlenty wanted to do, catapult to be a frontrunner. it's doubtful. it's so hard to say what she is going to do, she is so unpredictable. kelly: thank you for joining us. we are looking at live pictures now of sarah palin in new hampshire where she is expected to speak today. as we just heard from bob, it might be too late for her to get in because time is running out. we'll have to see what she is going to say. should we listen to her live now just for a little bit? okay we're going to come back to that later on. in the meantime we are going to be teaming up with google, fox news that is, teaming up with google to host a debate on september 22nd in orlando, florida. you will be able to submit your questions for the candidates, and for the very first time you

will be able to vote on which questions you want the contenders to answer. you can go to foxnews.com for a story with more details about this first of its kind debate, the gop republican debate hosted by fox news and google, september 22nd. jaime: meanwhile the libyan rebels are now staring down one of moammar qaddafi's last remaining strongholds. they are calling on his forces to surrender at this hour, but they say they are ready for a full scale assault if it's necessary. we are going to have a live report from libya, and also major general bob scales weighs in. plus, the amanda knox appeals trial is entering the home stretch in italy. will the american student get her murder conviction overturned? the latest courtroom action is straight ahead. let's see if we can get one past the defense.

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morning, and police have now located the missing explosives that were found at phoenix' sky harbor airport. there were two tubes of explosives, here they are packed inside a small cooler. they disappeared during a police training exercise. diane ryan from our fox affiliate ksaz is live in phoenix with the details. i guess everyone is relieved. >> reporter: that's right. good morning but not yet. they are not relieved just yet. we are here in south phoenix 0 all weekend long phoenix police have been looking for the balancing of explosives and asking the residents to help them out. it looks like this morning around 7:45 our time they got a phone call from a man here where you can see right behind me, he's in a white t-shirt there talking to detectives, and he was the one who called police saying that he found what he thought was that bag that they were looking for. and that was the bag that was

stolen friday around 2:30 at terminal 4. police believe that that probably is that bag. they were using those explosives in a training class at the airport with their canines, it was a low security area. now the bag was a blue, soft-sided igloo container with the letters c and b on it. that's what the man who called up, the witness there said that's what he saw. he put that in the back of his truck, you can see as we pan over to a large parking lot. you can also see yellow tape across the railroad traction as well. that is there because they are bringing in the bomb squad. they believe that the bag is in the back of that trunk, and they are not sure if anyone has tampered witness. and that's why they have brought in the bomb squad. they have just arrived and they are getting ready right now. they want to make sure that everything is okay before they let the detectives go in there to check that out. at this point we are only about

ten to eight miles away from the airport. it didn't go very far, and we're not sure about any other details except what we're hearing this morning is that they do believe it was found here in south phoenix, and at this point a little worried that maybe it was calm perfected with. tampered with. we were told earlier on friday that it would take an expert and expert equipment to detonate them. they are taking precautions this morning. jaime: understandable, a little bit of a frightening situation there at the airport, diane. thank you so much for your report, we appreciate it. kelly: right now thousands of libyan rebels are outside one of moammar qaddafi's last strongholds ready to assault the city at any moment. rebels giving moammar qaddafi loyalists two choices here, surrender or brace foray tack. dominique d-natali streaming live now from the capital city tripoli just 90 miles from the standoff area. dominic. >> reporter: that's right. conflicting reports where the

situation stands currently. we are hearing from the rebels that they are poised, ready to go in then we hear from different rebels that in fact they are still trying to conduct negotiations with the one hundred loyalists who have dug themselves in and are armed to the teeth and ready to fight to the death. the operation has most certainly not started at this time, and we've been anticipating that to begin for the past 24 if not 36 hours when the deadline for them to surrender expired. the rebels really do not want to see more bloodshed. i think they are very sear just and earnest about that. the rebels are saying if those loyalists do open fire on them, then they will return fire, and the assault will begin. the real issue of what is going on in bani walid is this. one of the top aides and the official spokesman for moammar qaddafi is the one leading the loyalists in negotiations. he is a slippery piece of goods

to be quite honest. he is talking to abdul kalil, he wants them to give up the guns. , he's telling the loyalists to dig in and intimidate the local residents and not allow the rebels to get any closer. they are 20 miles outside the city but surround the city and the shear numbers would way more than the loyalists. everybody thought it would be a fight for sirte, but it appears that bani wald. if they go to war against each other it's cousin against cousin in an area like that, it will have ramifications for the future history of libya and people are very, very cautious, they don't want that to happen. it's one of moammar qaddafi's strongholds. if that one falls today of will

have run out of places to hide. the hunt for today of continues. kelly: dominique d-natali reporting live from tripoli. jaime: clearly moammar qaddafi could be found at any moment. there is a new government record that says jihaddists are among the libyan rebels and they revealed plans on the internet to take over libya and create an islamist state. how big is that threat? general bob scales joins me now. this is a new one. >> yes it is. let's be careful here about jumping to conclusions too quickly. look, the libyans have a long history of supporting radical groups. remember a disproportionate number of libyans were suicide bombers, and libyans have been in the leadership of al-qaida for many years. but this is a different situation. right now the political future

of libya is up in the air, the islamics led by this guy abu sadik is trying to make his presence inside the government, he has yet to succeed. i guess the best thing to say is everything is up in the air right now. but you cannot ignore the threat of radicalism in this country as the new government begins to form. jaime: general i've visited the pentagon many times including the place where our picture hangs outside and it's right near a room where all day long 24-7 there are intelligent folks who monitor the internet looking for things like this. this is intel that can't be ignored. isn't it true we really don't know who the rebels are in. >> no, i think we do. i think there are several small groups that have participated in the insurgency. there is in libyan-islamic group that has been fairly prevalent. they've picked up the narrative on the internet, they proclaim

they are the leading jihaddists. they claim they are the ones to lead the charge into moammar qaddafi's compound in tripoli, so they are trying to make their mark. remember right now the ntc is led by former bureaucrats, academics, intellectuals and businessmen that don't really have a lot of connection with radical groups, but if this new government fails to fix infrastructure problems and fails to take moammar qaddafi down very quickly chaos could escalate and that could lead an opening for the islamics. jaime: you could call it an opium, it would be a poison especially for our troops. when i talk strategy with you with i always learn so much. our troops is in afghanistan mostly fighting the taliban because we know al-qaida is mostly wiped out there. if al-qaida is in libya could you see our troops taking action there? does nato have it covered? >> nato may not necessarily have

it covered, but this is in their strategic sphere of influence, jaime. the british, the french and the italians are the ones that were sort of the tip of the spear in this effort. we have special forces on the ground in libya. i see our footprint being very, very small in that country even if things start to go badly, and i think this is principally a european problem, jaime. jaime: very interesting. major general bob scales. thank you so much for taking part of your holiday today with us. >> thanks. kelly: next weekend we mark ten years since the 9/11 terror attacks. fox news has a special behind the scenes look at how the ncpd is securing ground zero and the new memorial. ♪ that "old flame" you should have called. ♪ that leap of faith you never took.

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>> our stphaeugs prepare to go mark ten years since the attacks of 9/11 and fox news has an extraordinary look behind the scenes at what the nypd is doing to secure the new 9/11 memorial and the world trade center site. julie banderas, taking a look at that in our newsroom with more. >> reporter: new york ips finest will rise to duty protecting the very same ground terrorists have attacked twice. the city is putting more than 200 officers on patrol in the area, new york city police commissioner ray kelly says that after successfully attacking the world trade center site in 1993 and 2001, terrorists still consider it a prime

target today. >> this is the tenth anniversary, and we know that usama bin laden's spoke about it twice, the possibility, that is, of having some sort of terrorist attack on september 11, 2011, and that ups our concern. >> house of -- thousands of sight seers are expected to view the memorial next sunday. police say they should expect to be searched, wait in long lines, and be watched from all angles, visitors to the new 9/11 memorial will go through screenings and will notice a large police presence. fox news toured the center where police and private security workers monitor 2000 surveillance cameras across the city, including more than 400 around the world trade center. this is the center where the nypd's counterterrorism bureau gets feeds from cameras throughout the entire city. they get data from all the license plate

readers and radiation centers, screeners are constantly looking for things like abandoned packages or suspicious activity and on 9/11, their eyes will be fixed on the world trade center site. >> these feeds specifically are of the world trade center area. in the world trade center area alone on september 11 we will have 450 camera feeds. you see some of the construction sites, some of the areas near the construction site, you see the 9/11 memorial plaza, over here, and this is all monitored in real time by officers sitting here. >> and with both president obama and former president bush in attendance, the focus on security of course will not be on the world trade center alone. multiple agencies, seen and unseen, will have a 360-degree view of what authorities are making the safest place to be in the city. the commissioner also tells us that over 600 officers will man the area daily once the world trade center is ultimately built back up.

>> thank you very much, julie banderas, live in the newsroom. >> happening now, america's economy stalled, the august jobless rate, stuck at # .1%. not one job added last month, zero, nada. disappointing news for so many americans pounding the pavement these days looking for jobs and looking to washington to kick start the economy so they can get those jobs. one of those americans is bruce mill, he joins us from the telephone right now, from north carolina -- greenville, south carolina, excuse me, which is a different place than greensborough, north carolina. bruce, good to have you. >> thank you very much. >> how difficult is it out there looking for a stkpwhraub. >> it seems like things are moving slowly at least in the industry i was looking in or had been working in for the last eight years, keep aren't moving on to other positions so therefore there's not as many openings and doesn't seem to be any development. i was in health care administration and things seem to be slowing down as

far as building new facilities, so that base of jobs is not really happening. >> so you've been to job fairs and you've gone to the gamut. how -- what are you expecting the president to say this thursday? >> i don't know. it will be interesting to see what he's got to say. you know, i had thought there would be more movement in the economy and creation of more jobs but it doesn't seem to be happening, so it will be interesting to see what he has got to say. >> how long have you been out of work? >> november 2010. >> wow. and you haven't given up your search. >> sorry? >> you have not given up your job search? >> not at all. fortunately, there are lots of opportunities online where you get different websites and so on, out there, so that you can make application, so they've made it easy to make application if there are things available, as well as what's available at the local unemployment office, so there are search engines and tools available, but just not a lot of sponsor

availability in the field i was looking. >> bruce, you are among the ranks of 14 million people without jobs. what's your advice to those in your ranks right snow? it is not a good position to be in at all. >> no, it isn't, but i think if you can stay busy doing something productive, whether you're volunteering in your community or with your church or even just helping friends out. >> i -- about volunteering, that sounds good. i didn't mean to cut you off, but based on that, volunteering, what would be your advice to president obama, as well as members of congress? >> oh, i don't know. i don't know. lower taxes so that there's more money spent in the economy so the economy grows. >> bruce mill, out of work since november 2010, that's a long time, we hope you get back employed. it sounds like you would be a great person to hire. we hope you that you will get one soon. >> thank you very much. >> bruce mill. >> well, we're keeping an

eye on some wildfires that are racing across texas at this hour and it's been hot and dry there. and hr*, thousands of acres are scorched, hundreds of homes damaged. now they've turned deadly. also the appeals trial for american student amappeda knox is resumeing in italy. new testimony, heated exchanges, and the victim's family reacts. that's all coming up in a live report, next.

>> right now, new information on stories from across the u.s. and around the world, from inside our control room. massive wildfires, now raging out of control in east texas. so far, they have killed two people and forced hundreds to flee their homes. tragedy at the home of an nfl player. the houston texans' antonio smith, a man who apparently drowned was found dead in his swimming pool, following a party the night before. >> and fox news now confirming that pakistan's

intelligence agency has detained three senior members of al-qaeda near the afghan border, identifying the most senior detainee as eunice al martani who was responsible for conducting international operations for the terror group. >> well, american college student amanda knox is getting another chance back in an italian court today. it's the final stretch of your appeals trial, she's appealing her convicted, the girl from seattle convicted of the murder of meredith kircher. witnesses are casting doubt about some of the key dna evidence that was actually used to convict her. today, though, they came under fierce cross-examination and amy kellogg is following the developments in this retrial. she's live from our london bureau. how is the appeal going, amy? >> well, the day has wrapped up in purujah, italy and yes, the cross-examination was cross-examining quite

vigorously those independent forensic experts that say that the key dna evidence was either un reor contaminated and this is a very big deal as we get into the final stretch of this appeals process. now, both akpwhrapbd knox and her co-defendant and ex-boyfriend rafael selichito were in the courtroom today as the prosecution tried very hard to blow holes in the testimony of those independent forensic experts. experts who have cited 50, what they call, glaring errors in the collection and preservation of evidence in the trial, most crucialry -- crucially, the supposed murder weapon, a kitchen knife recovered in the apartment and the bra clasp that belonged to meredith kicher, also talk about the y chrom osone as having been identified and linked with the case but not being determinant. that discussion will continue normally. knox and selechito were

sentenced in 2009 to 26 and 25 years respectively for sexually assaulting and murdering british exchange student meredith kircher in 2007, according to the prosecution she was killed after refusing to take part in a drink and drug fueled orgy. meredith kircher's family has been silent about this but her elder sister wrote a letter to the guardian news, a heartfelt letter saying, quote, it's extremely difficult to understand how evidence gathered with care and presented as valid at the original trial risks becoming irrelevant. she urges the court to remember the other 10,000 pages of evidence that has been submitted until now, but the dna in question, the murder weapon, and the bra clasp, considered to be the most critical evidence in this case. the appeals process, this trial is supposed to continue tomorrow and through much of the week and a decision is expected at

the end of the month, apparently the father for akpwhrapbd knox says he is there to bring amanda back home. that's the latest from here. back to you jamie. >> thank you, amy kellogg, live from london with the very latest. her parents certainly have been supportive. thank you very much. >> jury selection begins this week in the trial against michael jackson's doctor. our legal panel looks at the challenges facing both sides, as conrad murray stands accused of manslaughter in the king of pop's death.

>> two years ago, his death shocked the world and now jury selection is beginning this week in the trial of the michael jackson's doctor, conrad murray, pleading not guilty to charges of involuntary manslaughter in the death of the music icon.

let's bring in our legal panel, what can we expect, criminal defense attorney joey jackson in new york and seth barenschweig. joey, there are already people calling for justice saying they're going to come out and watch this trial and it will be televised on top of it. why no change in venue, how do they find a jury that can really be objective? >> they'll be out in mass, jamie, no justice, no peace. the way it goes nowadays, we live in an interconnected society so it's not back in the day where -- we know from the casey anthony trial that everyone in existence was watching it no matter where you are so while you can petition for those types of things it has limited value because everybody has facebook, twitter and we know what's going on. ultimately jurors are going to have to be selective, and there are broad things they'll have to do to get a jury that's not biased.

the one thing to do, make sure you have a juror who doesn't a bad health experience, who are not predisposed to say the doctor did it, and jurors sometimes have hidden agendas, they want book deals and movie deals and therefore you have a runaway jury. certainly the other thing you want is a jury that's not star struck. >> good luck. >> but if you can get those things broad strokes you're doing yourself a favor no matter where the trial is ultimately held. >> as an attorney, i see another issue, and that is in terms of the evidence, the defense team is likely going to argue it has been reported that this is a self-inflicted dose of propofol, not -- i think i said it right -- not by conrad murray but michael jackson himself. michael jackson is not here to testify and the only person in the woman was one of his children after when he was trying to be resuscitated. how do they prove their case and would conrad murray take

the stand? >> he could take the stand and that's an open question. the bottom line is, you've hit upon an important aspect of this trial. the bottom line is the doctor is going to be essentially pointing the finger at the patient, saying this person had health issues, it was self-administered and it's going to be essentially finger pointing, but the problem with the defense, he's talking a tight rope here because one of the one hand he's going to be pointing the finger at the patient but he's the person who is responsible for administering this phaopbd treupbg if. -- monitoring this. if you are monitoring this drug, didn't you have a responsibility to monitor the patient. he's walking a tight rope because the very defense he's offering could inflame the jury, what are you doing providing this kind of medication to allow your patient to pop propofol like pills, basically. that's what led to his

death, it's a breach of the -- of the standard of medical care. >> this is one of those cases that might never make it to a conclusion. it seems like there's so much to be proven, you have a very invested jury and community, there could be riots afterwards if folks don't get what they think is justice. what does the judge do? he's already delayed the jury selection because he want to give conrad murray's team more time. >> absolutely. >> do you see it moving forward? >> it will move forward and i think it will move forward in a way that is respectful to the process, what i mean, the jurors will be vetted out, they have this huge questionnaire that asks them everything under existence in terms of who they are which is still very difficult, but the best the judge can do at the end of day is to give a fair hearing of the issues, allow the evidence to come n there was a major blow struck by the defense because the defense was allowedding to the -- alluding to the difficulties, the defense wanted to get out all of the doctors that michael jackson had before and the fact that

he was a drug addict and relied upon these drugs and conrad murray was not enabling him. no matter what he would have found the drug. >> but he was the last doctor there when this happened. what is the key piece of evidence that this prosecutor has to drive home with this jury? >> i think what the prosecution needs to drive home was that he was one of the last people in the room, he was the medical provider, the buck stopped with him, he was making almost $100,000 a month to administrator this and they have to demonstrate really just a medical chain to show that he was in charge, he gave michael jackson the access to this and failed to provide anything remotely that was a standard of care. >> jamie, no matter what ultimately that doctor would have done, michael jackson would have gotten those drugs, anyway, that's the other side. >> propofol very rarely administered at home. you know, this is a hospital

based medication. okay, opening arguments right now, and if he's convicted, only four years is the penalty. we'll have to see the aftermath, if it makes it to a conclusion. gentlemen, great to talk to you about it, seth and joey, thank you. >> that will be a tough case indeed to follow but we are waiting right now for president obama, following him, in detroit, a speech that will preview a much bigger one on thursday. we'll bring it to you live as we're looking at now aretha franklin there. so stick around, we'll see what happens. just one phillips' colon health probiotic cap a day helps defends against occasional 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.

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jamie: thanks so much for joining us today. great to be with you, kelly. >> "america live" starts right now. megyn: fox news alert on a