making things worse, 33 percent say they're basically having no effect, but even though folks have their doubts about mr. obama's approach, they don't seem to like the other options, either. when asked whom they trust more to find solutions to the economic problems facing america, 37 percent say president obama, 35 percent say republicans in congress. that's a statisticical tie, 20 percent say they don't trust either one. jenna: wow! jon: a lot of criticism out there. amy amy as amy suer told us from the hill, if you're an incumbent it's going to be an interesting election year. jon: and if you don't have a job, easy to be skeptical. thank you for joining us. jenna: "america live" starts right now. megyn: fox news alert, a strong monday night debate and a hot tuesday morning interview appear to have breathed new life into the presidential campaign for michele bachmann. welcome to "america live" everyone, i'm megyn kelly. eight people were on that stage last night but one is standing taller today, some

political analysts suggesting bachmann's performance at last night's tea partyebate put her right back on top after mitt romney and rick perry had stolen the headlines in recent days. here she is taking swipes at rivals. >> we are never going to get rid of it unless we have a president kpheupt dollars to getting rid of it and if you believe that states can have it and it's constitutional, you're not committed. if you implemented this in your state, you're not committed. i'm committed to repealing omabacare. >> and to have innocent little 12-year-old girls be forced to have a government injection through an executive order is just flat out wrong. what i'm saying is that it's wrong for a drug company, because the governor's former chief of staff was the chief lobbyist, for this drug company, the drug company gave thousands of dollars in political donations to the governor, and this is just flat out wrong. >> and if you're saying that i can be bought for $5000,

i'm offended. >> [applause] >> i'm offended for all the little girls and the parents that didn't have a choice. that's what aoeupld offended for. megyn: so did she give herself a boost? chief political correspondent campaign carl cameron is live with the -- where the debate was last night. the campaigns circulates these "she won" type memos but there is a consensus that she did help herself considerably last night. >> reporter: no doubt about it. she had been slipping in the polls and depending upon the polls she lost half her support last month. since she won the straw poll, she had been eclipsed by rick perry's entrance into the race and had a struggle but last night she came out swinging, she went after rick perry there as you saw on his executive order that ultimately was overturned by lawmakers and that he said was a mistake but his executive order would have mandated that

young girls in texas be vaccinated against the sexually transmitted disease associated with cervical cancer later in life. bachmann was clearly very, very tough on perry for that, she went after mitt romney on romney's signature of health care, implementing a law in massachusetts, that ultimately became a model for omabacare, and she continued to do that on a host of issues. she tweaked mr. perry on immigration positions, et cetera. she needed very much to change her trajectory and do something to sort of get unstalled in the polls. she's on her way to arizona to do fundraising tonight, she has to put money in the bank. there's not been a lot of money coming in for michelle pwa*ugman despite her win in tra straw poll because of perry's presence on the race, so by attacking perry's conservativism, by questioning whether or not romney would be a good opponent to president obama having passed health care reform in massachusetts, she is making the argument she's a better conservative and more electable than the two

frontrunners. we have yet to see what happened in the polls. she has lost a lot of ground and she has had to deal with the semideparture of her campaign consultant ed rolleins but last night may have been a breakthrough moment. the whre is -- the question is whether she'll capitalize on it. the next debate hosted by fox, there is a lot of unfinished business that all the candidates will be addressing ahead. megyn: to what extent are we influenced by the audience and at the moment? that was obviously a tea party audience and they are conservative in their leanings and so is she. are we to expect them to applaud certain lines from candidates like bachmann or perry for that matter and that does -- and does that influence whether we think oh, he won or she won? >> every debate audience has partisans for individual canned it's a, as well as for individual issues and issue positions. what probably was happening more last night was rather than the crowd rooting on bachmann, it was bachmann really, truly, reading the

crowd. she noted at the outset she's the founder of the house tea party caucus in congress, she has really made the last 2 1/2 years of her political persona built around tea party activism and carrying their message to washington. she casts herself as the tea party voice in washington. so last night, by going after rick perry on the hpv vaccination, she was playing to what she referred to as part of the liberty component to american politics, suggesting big government was intrusive on children and their parents in texas, by going after mitt romney on his health care in massachusetts, she was really making the point that romney might be strong on business, romney might cut a good profile as a poll teurbgs but when it comes to the principal issue of omabacare, he's ill equipped to go up against him. megyn: she was saying i know this health care law, you can't undo it by executive order, you need someone fully committed to having it repealed and i am that person. carl, thank you very much, sir. >> thank you. megyn: as campaign carl

mentioned, fox news and google are partnering to host the next republican presidential debate on september 22nd in orlando, florida, that is next thursday, folks, bret baier will be hosting the debate and yours truly will be on the panel, along with chris wallace. you can be on the panel with us. you can submit your questions to the candidates via google or youtube to find out how, just go to youtube.com/fox news, follow the directions there, we are going through your submissions right now, and we are coming up with the questions that we intend to play for the candidates next thursday night. love to have you sitting there alongside me! check it out, youtube.com/fox news. fox news alert, the u.s. embassy in kabul in lockdown right now, following what appears to be coordinated attacks by the taliban. secretary of state hillary clinton calling the attacks, quote, cowardly and the white house now vowing to relentlessly pursue those

responsible. afghan police say at least seven taliban fighters were involved in a series of attacks targeting the american embassy, nato headquarters, and other high profile sites. dom anyone di-natale streaming live from kabul, dominic. >> reporter: the seige still seems to be underway, meg. across the road is a hotel under construction that some are believed to have escaped to. the police chief in kabul says his men are having to go floor by floor, because it's a construction site, it's literally an inch by inch as they work their way around the complex. we heard gunfire a short while ago and a big explosion. that would be the 11th explosion we've heard from around the embassy. today, the seige has been going on for at least eight hours. the afghan police on the ground, trying to bring it under control, the army involved as well. the nato forces led by the americans have actually had

everything from black hawks in the air, trying to determine where it's coming from. there are actually personnel at the embassy opening on -- opening an attack on five suicide bombers as they tried to make their way into the compound, they have detonated themselves, been killed. we're told there were seven in the city in total and in fact it wasn't just the u.s. bell and nato headquarters under seige, there were areas of the afghan authorities also being targeted as well. we've got a total of four afghan police dead, two citizens injured and -- two citizens killed and 18 people injured. megyn: dominic di-natale, thank you very much. an epic gun battle unfolding in washington now, several u.s. mayor, including new york mayor mike bloomberg trying to block a new bill that would allow licensed gun owners to carry their concealed weapons across state lines. it is a move that would affect people in 48 states. shannon bream, live in

washington with more. >> reporter: well, megyn, currently across the country, there is a mix of state gun laws. just because you have a license or permit in one state doesn't necessarily mean it gives you any rights in another state once you cross the border. gun owners saying that tramples on their second amendment right, so they're pushing for this framework that would guarantee rights across the board. the bill being debated on the hill, and it has bipartisan support in both houses. the national rifle association is backing the bill and executive director lay la piere told me he's confident it will pass. >> i don't through the hill because 41 states have this law, it polls into the 80s with the american public, it cuts across, republicans, liberals, conservatives, even president obama's base is strongly in favor of this legislation when you poll it. >> reporter: but critics of the bill say it ignores states' rights to decide what gun laws and standards are best for them based o

their unique communities and that it puts law enforcement officers at a disadvantage. hears part of philadelphia police commissioner's testimony on capitol hill today: >> in 2005, in philadelphia, a man named marcus hill had his conceal carry permit revoked by the philadelphia police department after he had been charged with attempted murder. he was able to receive a permit in florida despite his record, and then use this florida permit to carry a loaded gun in philadelphia. he eventually shot a teenager 13 times in the chest, killing him on the street. >> reporter: a similar bill was defeated in 2009 and gun control advocates say they are mounting a vigorous campaign this time around as well to block what they're calling a reckless, dangerous piece of legislation. megyn: shannon, thank you very much. shannon pwraoepl, thank you. temperatures flaring over health care at last night's fiery tea party debate. >> who pays for that? >> in a society that you accept welfarism and socialism, he expects the government to take care of. that's what freedom is

about, taking your own risk. this whole idea that you have to prepare and take care of everybody is -- >> [applause] >> but congressman, are you saying that society should just let him die? >> megyn: let him die? what really happens if the health care overhaul is repealed? dr. marc siegl is here with us on that, next. phrurbgs their daughter's murder trial captivated the nation, now for the first time since casey anthony's acquittal, her parents are speaking out and wait until you hear the reason her mother just gave for what she says was casey's behavior. >> whoa! >> megyn: and an incredible agent of bravery for a complete stranger. you might have seen this video earlier, but you haven't seen it like this. >> oh my gosh! >> oh my gosh. come on, get out. >> get out of the car. >> get them out of the car! >> oh, hurry up,.

is he going under? >> oh my gosh? >> he's going uer the vehicle? -- under the vehicle? >> oh my gosh.

megyn: well, new questions now about the big health care overhaul today after last night's republican debate. it came up when congressman ron paul was asked who should pay for medical care for someone who chooses to be uninsured. take a listen: >> a healthy 30-year-old young man have a good job, makes a good living, but decides you know what, i'm not going to spend 200 or $300 a month for health insurance because i'm healthy, i don't need it, but you know, something terrible happens, all of the sudden he needs it. who's going to pay for it if he goes into a coma? who pays for that? >> in a society that you accept welfarism and socialism, he expects the government to take care of him. that's what freedom is all

b. taking your own risk. this whole idea that you have to prepare and take care of everybody -- >> but congressman, are you saying that society should just let him die? >> no. megyn: then you heard some people in the audience yell "yes" and ron paul went on to say no. what could happen to our health care system if the president's health care law is repealed? dr. marc siegl, that's an interesting question, okay? so let's say there is no health care overhaul, whoever -- a republican gets in there and they get rid of that law, and said man chooses to go uninsured and goes into an emergency room and needs treatment. can he be turned away? >> as you just pointed out before we came on, no, he cannot be turned away, because the law states that emergency rooms have to cover people that come in whr-rbgs they can pay or not. they cannot be turned away. now, i've looked up research

on this that shows that if you give the kind of overblown, bloated insurance that omabacare gives you, whether it's medicaid or whether it's hmo-style, people are more likely to usehe emergency room unnecessarily, which increases health care costs. the whole idea that the president and others have had that somehow we're going to help hospitals by having everybody have insurance doesn't work if you overuse the insurance, so catastrophic-style insurance for everyone would be a lot less expensive. again, we could bring -- >> megyn: but that's, of course, not what the health care overhaul provides. >> you're right. megyn: catastrophic insurance. >>ure right. megyn: i'm curious as a practical matter, because ron paul's answer was no -- he's been a practicing doctor for 30 years, ron paul, and he said back in the day, before we had medicaid, people would need care, we wouldn't turn them away but the churches, communities, friends would come together to help that person financially and now we've gotten to a place where we rely on the government, in other words, his argument was the

30-year-old is now making the choice not to insure for catastrophic damage because he knows uncle sam is going to have his back. is that true? if you walk into a hospital room before the president's health care law was passed and you have a brain tumor, and i know the e.r. would have to treat you, if you if you want them to provide surgery, taking out your brain tumor before the health care law, could they make a doctor do that? >> my experience is the same as congressman dr. paul's. i believe that once a patient is in the hospital, doctors don't think about it that way and the hospital does not routinely discharge people who have brain tumors once they're admitted. we tend to take care of people once they're there. megyn: the e.r. has to take you and usually the e.r. doctor will admit you and once you're in, you get care? >> that's right. now, it's true that hospitals have problems when uninsured patients come in and they end up having to foot the whole bill. megyn: wouldn't they go back to uncle sam for that dough,

anyway? >> they'd try but a lot of times they don't get it and the same is true with medicaid, even patients that have medicaid, they may not end up getting reimbursed for it, but here's the point that he's making that i think is really important. if instead of scaling back we expand to 32 million more people the way omabacare is doing, who is going to pay for that? the states can't afford the 16 million more medicaid patients. we the taxpayer can't afford all of these costs, additional costs on the state exchanges, premiums are going to skyrocket because we're covering everybody with a preexisting condition. if we get rid of the individual mandate and it's voted down by the supreme court, you're going to have everybody with preexisting conditions, waiting until they're really sick. megyn: losing the funding mechanism. >> insurance is the problem, it's not the solution. megyn: but their argument is instead of letting this guy go into the emergency room, get admitted because the law passed in 1986 under president reagan requires the hospital to treat the guy in the e.r., instead of letting him do that and wind up on the taxpayers' bill,

let's force him to preemptively pay into the system, he and others like him, so that the cost of his treatment is shared among the masses. >> well, you go for the heart strings, you picked a 30-year-old with a brain tumor, the same idea of president obama looking at when his grandmother got ill with the hip. it's going to heart strings. the reality is the kind of insurance we're causing people to buy into gets in the way of the doctor-patient relationship, is extremely expensive, pays for all kinds of things you don't need, it's based on an idea that preventive medicine will somehow bring down the cost of health care which has been proven not to work. i think we should start with emergency health care, because you knowhat's going to happen, megyn? we're not going to be able to pay for all the high technology we have. that's another problem we have. we're seeing drug shortages, we're seeing shortages of being able to pay for technology. this kind of insurance is a mess, it pays for too mh. i like to use this example. if you got a flood, get the kind of insurance that covers floods, not the kind that covers every rain storm. megyn: interesting. dr. siegl, thank you sir.

>> thanks megyn. megyn: always appreciate your perspective. coming up, a massive 6 1/2 ton satellite is barreling towards earth. we'll tell you where it's expected to land and why nasa has no control over it. >> a young man trapped underneath a burning car narrowly escapes with his life. the incredible video of this daring rescue. >> i think i'm going to back up. the motorcycle is spitting out fire and i don't know if it's going to explode or not.

megyn: freedom may be just days away now for two americans locked up in iran. it has been more than two years since shane bauer and josh fattal were arrested on spy charges. in an interview with nbc iran's president mahmoud ahmadinejad said the two

could be freed, quote, in a couple of days. bail for the pair has been set at $500,000 each. that's the same amount set for sarah shourd, she was arrested on the same trip but later released. a spokesman for the bauer and fattal families have heard the news and say they are, quote, hopeful. now to some incredible video getting a lot of attention today. >> will you -- oh my gosh! >> oh my gosh. >> come on, get out. >> get them out of the car. get them out of the car! >> oh, hurry up, somebody. he's going under? >> oh my gosh! >> oh my gosh! >> he's going under the vehicle. >> oh my gosh. >> oh my gosh. megyn: wow. beneath that burning car is a young man, trapped. police say he deliberately swerved his motorcycle to avoid crashing into that car but was instead sent flying

beneath the hot metal. what happens next is just incredible. trace gallagher has more, live from l.a. >> reporter: it happened right by utah state university in logan and this guy is 21-year-old brandon wright, driving his motorcycle down there, and to avoid that collision with the bmw, he lays the bike on his slide and begins sliding along the concrete at a very fast speed, the gas comes out of the tank, the sparks catch the gas, the bike catches flames and you see right there, it goes right in between and underneath the bmw. well, here's the deal. the deal is they had someby standers over there. you heard the 911 call and the cell phone video, and you can see they're kind of going over this, this is before they pull him out and there's a team effort. how do they get him? they get construction workers, students, they get everybody, they finally, after more than one minute, they are kind of deciding, do we back away from this thing? because it's going to explode. they go after it, they finally pull him out, then when they pull him out, they let the car back down, you can see them scatter away, unclear what to do next, and

they leave brandon wright sitting there, then you'll see police officers come over an they're clearly waiting for the first responders to get there to try and give him medical attention. he was and is in critical condition, but they do expect him to live. he has broken bones, clearly, some burns. very unclear exactly what time the firefighters, the paramedics got there, but they did put out the fire. it took them one minute and 15 seconds, megyn, to get him out from beneath that car. listen now to one of the heros and the 911 call. >> it looks like someone may be even under the vehicle. the car is burning. better send someone. >> it's close to his head. i saw they wasn't breathing. when i pulled it, he started to breathe. >> on top of the whole thing, they want to find out who the heros are.

they've identified some of them. they want to find all of them so they can say hey, great job for getting this guy out, because they really did save his life. they're now in the process of saving those -- saving that man. megyn: look at those people, risking their own lives to safe the -- to save the life of that man who was a stranger to them. look how close they get to the flames. it really is so heartening. >> reporter: you have no idea if it's going to explode. that's a heroic effort. megyn: we've covered enough episodes where they don't do that. remember the one out of connecticut where the man is sitting there, traffic is going past and he's been hit? it is very heartening, again, to see americans behave that way. trace, thank you. >> reporter: okay. megyn: the answers to the questions so many want to ask. george and cindy anthony, sitting down for their first tv interview since their daughter casey was acquitted for the murder of granddaughter caylee. >> doy want to believe that caylee was back there? i don't want to believe it,

but i'm going by what investigators told me. all i know is that caylee died. >> because i watched his heart break. >> the car has been grounded -- impounded and you go pick up the car, and smell what smells like a dead body, and you febreeze the trunk and go to work. in looking back, does it seem like you mixed huge signal that is something was wrong before the 31st day? >> megyn: well, that's doctor phil putting the anthonys on the hot seat, and wait until you hear how cindy anthony just explain dollars some of her daughter's behavior. plus, a fan tases another fan, the one george w. bush was in attendance at how the taser got in. how cozy is the

president with the unions? mitt romney calling the refusal to not let boeing in a right to work state political payback. >> there is without a question an egregious example of political payback, where the president is able to pay back unions for the hundreds of millions of dollars they put into his campaign at the expense of american workers. american jobs. and the people of south carolina. [applause] chronologically i'm sixty years old.

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megyn: serious security concerns after a sportsman manages to sneak a taser into sunday' jets cowboys game causing this scene in the stands. a verbal fight turning violent despite heavy security. lauraing many is live in the newsroom with the details. three men were injured in this brawl including a marine who went tumbling down six rows after being hit with a taser gun in the neck. the taser gun reportedly brought in and fired by this man, 59-year-old cowboys fan. we have the cell phone video. you can hear the zap and buzz of the taser a few times while the

scuffle is going down. witnesses say the marine became annoyed with them when they wouldn't take off their hats or stand for the national anthem. they tried to leave hair seats and the marine wouldn't let him get by and that's when the fan whipped the out his weapon. we just got a statement from the ceo of met life stadium that reads, sunday evening a man entered stadium with an illegal taser the size of a small cell phone in his pocket. the taser was later use in an altercation against fans where no one was injured. procedure of patdowns were in effect at all entry games. how did this happen?

his son says's a gentlemen who s witness who doesn't believe in the pledge of allegiance. we are hear he's out on bail at this point. megyn: what kind of punishment could he face for this? that on the docket in today's "kelly's court." remember the florida student who got about a billion youtube hits for this scene here? >> i didn't do anything. don't tase me, bro. don't tase. megyn: that incident back in '07 got him national attention. now he said he got a taste of the system and wants to learn how to defend himself so he is going to law school.

got love him. back to the campaign trail. mitt romney going after president obama hard and on the campaign trail over the president's relationship with unions. citing in particular the efforts used by federal regulators to stop boeing from bringing thousands of non-unions jobs to south carolina. >> there is without a question, an egregious example of political payback where the president is able to pay back unions for the hundreds of millions of dollars they put into his campaign at the expense. american workers, american jobs and the people of south carolina. [applause] it's an assault on business, it's an assault on jobs, it's an assault on states that have right to work policies. policies. it is simply the product of

political favoritism and payback. it has no place in the american economy and should not be parts of our political system. it's unseemly. megyn: this is becoming a bigger and bigger issue. leslie marshall and lars larson. for those who haven't been paying that close attention to this dispute. it gets mentioned over and over. it's part of romney's 7 points he raises as the every debate. he's very upset because boeing is not being allowed to what? >> in here why it national relations board is telling boeing you can't operate this brand-new factory and you can't employ the thousand people and another couple thousand side jobs that would be involved in building this jetliner? why because the nlrb said it was some kind of retaliation against union workers, machinists, well paid professional in washington state who didn't lose a single job.

boeing said can we get some labor peace if we build this plant here? they said no. so boeing said we'll build our next factory in a right to work state. you can join the union if you want to, but you are not forced to like you are in washington state. the nlrb says you can't open your plants and build the dreamliner even though there is no other assembly line to build it on. unions don't benefit from this. a major american company with the number one export from the united states, jetliners is hurt by this by putting a billion dollars into a plants the obama administration wants to shut down. the president says he wants jobs? what a joke. megyn: in july south carolina had an unemployment rate of 10.9%. they say this being plants is estimated to create up to 3,800 jobs in south carolina. so what's the problem? >> first all, lars, don't tase

me, bro. here is what lars is forgetting to discuss which is law. remember when the president was asked about this, he said any private company has the right to build plants and move plants state by state, including boeing. the problem here is if it's legal. and what the labor board is alleging is this is a violation of labor law because it's a standard violation of labor law if you are moving jobs or a plant as boeing plans to from washington state's south carolina in retaliation for employees, union members that strike. there are boeing executives on record that the evidence shows that the nlrb has where the boeing executives made numerous references to the facts they would just move the plant to south carolina to retaliate. if that's the case, like it or not that's illegal. >> they did not move the plants.

they built a new plants in south carolina that did not exist in state. they said to their workers in state you all get to keep your jobs at the boeing plants in state. as much today there are 2,000 more machinist jobs represented by the union in state than there were 3 years ago. megyn: what is the problem, leslie, frontal boundary they are not losing the jobs in washington states. boeing is going to add 3,800 jobs in south carolina. how koits be retaliatory? >> because boeing executives stated so, and the labor board -- megyn: you can be motivated to hurt somebody, but if you don't hurt them, there is no damage. >> consider this, may dan. we want job growth. but i don't specifically want it in south carolina. i find it precarious that we have an election around the corner. south carolina is a huge state if you factor in politically.

the unions basically and i think the republicans, lars, i think you guys are upset that you weren't able to defund the labor board and therefore you guys are retaliating against unions in this manner. which is political. >> retaliating against government is perfectly valid. the government usually out there mucking things up. the fact is they didn't lose the plants. they didn't move a plants. they built a new plant. leslie is wrong about this. when you have a law that says you can't retaliates. that's one thing to say if a strike happens and we are throughout shuting that plants down. boeing said will you make this a favorable place to build air plains. pts union said we'll shut you down as you are trying to differ products. boeing said if you won't make this a favorable plant to build a new plants. if the obama administration succeeds, nell build their next

plants in hang high. >> the reason we want to talk about it. the viewers will start hearing more and more about it. lars and leslie, thanks so much for outline can the issues. casey anthony's parents just gave their first big interview about their daughter's murder trial and their granddaughter's death. waits until you hear what the mother says about casey's behavior. in three minutes or lawyer, our shrink, and the videotape. [ male announcer ] this is lara. her morng begins with arthritis pain. that's a coffee and two pills. the afternoon to begins with more pain and more pills. thevening guests arrive. back to sore knees. back to more pills. the day is done but hang on... her doctor recommended aleve. just 2 pills can keep arthritis pain away all day with fewer pills than tylenol. this is lara who chose 2 aleve

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my ears! swallow! [ male announcer ] upgrade to first class investing technology... at e-trade. megyn: the parents casey anthony breaking their silence since their daughter was found not guilty. they sat down with dr. phil, talking about their daughter's acquittal. what they say about what they

thought about the smell in casey's car. >> what do you believe the smell was from? >> truthfully to this day i don't know, to be honest. >> i don't want to believe caylee was back there. all i know is caylee is not with us anymore. i know that. i know that. >> do you believe she was in that trunk? megyn: joining me now, a clinical psychologist and mark eiglarsh. mark, you covered this trial extensively and know the ins and out of this. to have the parents say we don't know, and let me just add to this. they are also saying that they would turn her away if she showed up at their door. that they would love to see her happy in a career or family setting. hopes that she'll be a mom

again. and then the mother added this when she was asked about whether she believes her husband george could have been involved in some way as the defense alleged at the trial. >> when you heard the defense in this case say that he was involved in not in causing the child's death, but in events that took place after that, did it ever occur to you that he's hidden substantial things from me before could he do it again? >> not when it came to his family as far as casey and caylee. george would have never put us through six months of not blowing in caylee was. i watched his heartbreak every single day and i watched him as frantic as he was. megyn: what do you think of it, mark? >> that's probably the one parts

of the interview i have seen so far that i actually believer. that's i don't believe george would pretends to the world that he doesn't know where his granddaughter is. put his own daughter at risk of receiving the death penalty if he knew. that's the one part i think for sure she is not only believable but accurate. a lot of other things like the smer smel of death -- like the smell of death. i think she knows for sure that was the smell of death. we heard the 911 call. that was death. if this was any other case oath than their own daughter they would be saying something different. i don't know if they are intentionally lying or they are in denial. megyn: when you see those parents, dr. phil talks about how he thinks cindy anthony is in denial, he thinks george

anthony has a sense of reality. >> it fits the natural order of things. the mother more than the father what be in denial. she has a visceral bond. she carried casey anthony in her belly for many months. she is in denial. she gave birth to this woman who turned out to be severe personality and emotional issues. the only way she can resolve this is by being in denial as to what happened and giving outlandish excuses for the behavior. megyn: we'll talk about that after the break. before we get to that. the statement by cindy anthony that she hopes her daughter will have a normal life and become a mom again, i know she was acquitted. not being guilty in the eyes of a jury is different than not being guilty at all. >> i would have to say to sindsy

anthony, if if you really love caylee, then you would not subject another child to her daughter casey and the severe emotional issues she has. meg reports other claim the parents are making. the father seems to suggest the daughter is guilty. the mother seems to have an explanation everything we saw. and we'll talk about that, what that explanation is on the opposite side of this break. don't go away.

megyn: let me ask you this, she also now says, cindy anthony says she believes all of the behavior could be explained away perhaps by the fact she believes her daughter casey had a brain

tumor. dr. phil asked her if she was checked out. she said she was because she had a couple seizures but there wasn't one. but the grandmother says this may be the explanation. >> your producer showed me this news clip. when i saw it i was amazed. she says maybe we didn't find a tumor before, but maybe there is one now. and so what this tells me is we have gone from intellectualization to down right delusional or magical thinking and this is very, very disturbing and tells me this woman is in enormous amount of psychological pain and just cannot resolve this. megyn: he asked her, isn't it possible she is just a bad person and these are the actions of an unconscionable psychopath

and the mother's answer was no, that's not possible. >> what would you expect from a mother. would you expect any other answer? keep in mind i'm not judging her. but let many state a fact. she took the witness stand, swore to tell the truth, and committed perjury. she wasn't charged by the prosecution's office. but she clearly did. she said she performed chloroform searches when she did not. it was proven she did not do that. what i'm state can is she is somebody who is willing on the witness stand facing a 3rd degree felony up to five years in prison to lie and create a scenario of fact.not supported in truth for her own benefit. megyn: is there anything that can be done to stop casey anthony from having more children. >> i wish, but no. how can you stop her. i would hope that somebody keeps

a clothe eye on those precious offspring, assuming she would make that improper decision to do so. megyn: not like toly. doctor, mark, thank yo. there are questions about how a company got loans from uncle sam when the company was already in financial trouble. is there liability for the stadium, the team other nfl for the taser event? ♪

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megyn: fox news alert. counting down to a new push from president obama on his jobs bill on what could be hostile territory. brand-new hour of "america live." i'm megyn kelly. you are looking live at columbus, ohio.

minutes from now president obama will speak about his proposal to slash unemployment. it comes a day after the white house revealed plans on how to pay for the $447 billion package with a tax hike. chris stirewalt is here. there has been blowback. the president said he will unveil how to pay for it this week. he has done that. it will be most live through tax hikes. >> the president does like it complicated. he said a month ago he would rom out a stimulus package. he did. they said in two weeks they would roll out how to pay for it. the penalty he would seek to impose if the super committee can't couple with entitlement reforms and other spending measures to get the extra half trillion he wants for his package. the that penalty would be to

impose tax increases that he has sought since he took office. it has people scratching their heads about what his strategy is and why he wants to do it this way. megyn: the jay carney was suggesting last week, that you are not going to be shocked when you hear the proposals, because you have heard them before. but they couldn't get through before. >> if you think about the irony for the president now, when he originally proposed these plans he said they would be good for the country. this was a good thing that you ought to do. could not get them through a democratically controlled congress. now with a divided congress he's offering a penalty if the super committee can't couple with a plan to fund his measures, he sees this as a penalty.

he's trying it as a punishment instead of a proposal. but we are back in the same place we have been with him for 30 or 33 months. megyn: as a practical matter what does that do to the chances of this getting through the now divided congress? >> i think the president knows this isn't going through. we heard him say he will have to accept parts of this if republicans are willing to pass it piecemeal. particularly the part that relates to a temporary tax incentive. certainly he will have to do those things. he recognizes that. but the goal just as you see today is for him to have something to go out and talk to the american people about, for him to be able to go out there and rail against in a republican congress that he says is not taking action on his plan. that's what this is about more than anything else. megyn: thank you, sir. seeing president obama in ohio seems familiar there's a good reason for that. this is his 15th trip to ohio

since moving into the oval office and his third trip this year. ohio has not picked a loser in the race for president since 1960. maybe it should come as a surprise it's a hot spot for the president. in the president made this bumps in the road remark in toledo, saying there would always be bums in the road of recovery. it later became the theme of a mitt rom of any attack ad. meantime new developments in the scandal surrounding the california solar company that was once the darling of the administration. it was a shining example of a green jobs company before solyndra blew through a half million in taxpayer loans and declared bankruptcy and laid off workers.

it has rutted in an fbi raid and investigation and tomorrow a house hearing begins. cheryl has been track can the latest developments. >> it's track the money. they are going toave to talk to the auditors. a couple of red flags. first and foremost. in july of this year they came out and said revenues would be $141 million. back in 2008 the projection was $6 million. that is a huge jump. especially in the sol industry that had a lot of competition from china. then go back to march 2010, two months before the president was there. the company was reviewed by price waterhouse cooper, a respected accounting firm. this is not enron. accounting firms do their due diligence. price water house told the administration, told the department of energy this could not be a growing concern, this company has financial problems. megyn: before they gave the

loan. >> yes. that many one big question i have. then also the financial projections that were coming from the company don't seem to add up. the type of cell that solyndra was make was new and it was exciting technology. but it was kind of a round cylinder. megyn: when you go to the bank and you put your checking deposit slip in and it goes through. >> exactly. the prices that the chinese are paying to make theirs was so much cheaper. megyn: that was on the radar. >> anybody that knew the solar industry would have seen these red flags coming up. that's one of the big questions i have is about the revenue projections coming from the company. the department of energy has somebody on the board from february of this year up until the very, very end. did that individual or individuals not know the questions to ask of the board

about the financials of the company. i don't know. that one of the questions i want to hear coming out of the hearing. where was price waterhouse cooper. they said the books don't make sense. where were they in the last year and why do we continue to support the loans, get the public private partnership. but why did we not look back six months ago. we could have corrected it. megyn: once the money is loaned -- >> it's the cash -- megyn: you can get the money from the taxpayers if it goes belly up. >> there will be lawsuits. they allowed private investors to support the company. there will be lawsuits with regard to the government and all of these red flags that were not addressed. i go back to the half billion

that was burned. in particular when you have got the eyes of the department of energy on you, in particular when you have got canning firms watching you and in particular when you have got private investors, people that do this for a living. private equity. why would they put bilts of dollars in a company if the company was telling them the truth about the books? that what the fbi is looking for. megyn: that's the reports, the fbi is trying to find out if solyndra myt misrepresented the state of things. megyn: california senator dianne feinstein is the latest lawmaker claiming to have campaign cash stolen. the person already faces fraud charges for allegedly wiping out of the campaign funds of another

california lawmaker. senator feinstein says she is not shoe how much money was stolen. social security reform one of the hot top particular at last night's republican tea party debate. take a listen. >> it's time to have a legitimate conversation in this country about how to fix that program where it's not bankrupt and our children actually know that there is going to be a retirement program for there them. megyn: jim angle following up on this story from washington. you his to the back and forth on social security. and it gets a little procedural, it gets a little inside the beltway. what are they talking about? >> governor perry was assailed by his republican competitors on the issue of social security because he had criticized the program in the very first debate. his what what they had to say.

>> the term ponzi scheme is what scared seniors. and suggesting that social security should no longer and federal program and around the states is likewise frightening. >> we are frightening the american people who just want solutions. this party isn't going win in 2012 unless we get our acts together and fix the problem. >> reporter: before perry got a chance to set the record straight others offered platt reassurances to all seniors. >> one thing we need to let senior citizens know, those currently on the social security system. the united states government made a promise to senior sits seasons and we have to keep that promise to them. >> reporter: governor perry called the system a ponzi scheme which means the first people in get paid by newer arrivals, which is partially true of social security. but he didn't say it should be fixed, leaving himself open to

criticism. monday morning before the debate he wrote a newspaper ope op-ed h said the program had to be secured. >> slam dunk guarantee that program of is going to be there in place for those. those individuals that are moving towards being on social security. that program will be there for them when they arrive there. >> reporter: the republican candidates seem to be on the same page saying social security will be preserved, though there are different ideas on how to do that. no one is suggesting the program is other than a promise is to seniors and future generations that must be kept. megyn: no one is suggesting that but other candidates are suggesting someone is suggesting that. romney had the flyer going after perry. but jangle, tell me this. perry keeps talking about

returning it to the states. social securities. i think it average american is asking themselves what the heck does that mean? the federal program, the federal government has been running it for 70 years. what does that mean giving it to the states. >> governor perry did not extend that argument or defend it even thought it was raised by governor romney a couple of times. the idea is states would be able to opt out of the system and have their own retirement system. state employees are not in social securities. they are in state retirement systems. it's not clear what governor perry is talking about. if you worked in new york, then california, then texas, would you get retirement from all three? would every state have its own collection agency for its version of social security? it would be a much more complicated system and it's not clear what governor perry means in nor has he tried to explain it in any of his debates. megyn: maybe we'll ask him at the fox news debate next

thursday. jangle, thank you. just a quick note. if you want to submit your questions for the candidates we are taking them now. you can be a panelist along with yours truly, chris wallace and bret baier in asking the questions next thursday night. president obama taking his jobs bill on the road, selling it to a crowd in ohio just moments from now. but my next guest says the president's plan to pay for the package has no chance of passing congress. what happens now. plus, a side of camelot you have never seen before. wait until you hear what jackie kennedy had to say about j.f.k., lyndon johnson and other politicians in a rare interview. taking down a fan with a stun gun. what should happen to the

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megyn: fox news alert. we are awaiting the president's remarks in columbus, ohio. he has tang out to the road to sell his new jobs bill. the price tag, $447 billion. they are estimating the president -- administration revealing a large portion of that will come from tax hikes on wealthier americans and businesses. the president needs to get out there and gin up support for it. some members in congress say this will be dead on arrival because of the way the president wants to pay for it. sometimes in these events he massages the message a little bits and you learn a little bit more. we hope that will be the case in columbus when he takes to the

podium. voters in new york city head to the polls taking parts in a crucial special election in the 9th congressional district. this is the seat that once belonged congressman anthony weiner. mr. weiner resigned? disgrace after texting explicit photo and images to strgers. now the democrat is facing a serious challenge from the republican bob turner. we could receive this district flip to red for the first time in 90 years. eric. we were talking about this yesterday saying the democrats outnumber the republicans in that district 2-1? or is it greater than that? >> reporter: it's 3-1. that's what makes this so asoundsing. the voters here have not sent a republican to washington since

1923. those here tell us the change tonighcould be historic and they say it's because of president obama. according to the latest polls there could be an historic turnover. bob turner is a 70-year-old retired television executive who never served in public office. he based his campaign basically, hammering away at president obama's economic policy. and his policies on israel. that gained a lot of traction in this heavily democratic district. the democrat is part of a prominent democratic family. but he has been 6 points or more behind in the latest polls. >> the course this nation is on, this administration's policies, they would vote for mr. weprin.

they think there is a better approach with this one lone voice and practical independent penal, then i'm your guy. >> we identified our voters early on. we have a lot of union households in the district. >> reporter: even if this heavily democratic district, one poll shows the president's favorability rating is less than a third at 31%. >> i think people are tied to the status quo and there has to be a major change in washington. >> reporter: is this a test of obama? >> yes, it is. i would vote democrat all the way. >> reporter: the polls close

in 7 hours. by the way, he doesn't live in the district. megyn: in five minutes, jacqueline kennedy like you never heard her before. what she thought about some of the most influential people in modern history, including her stunning take on the reverand martin luther king. healthcare front and center in last night's gop primary debate. michele bachmann taking under the charge to repeal the president's healthcare overhaul. >> the only way to eradicate obama-care is to pull it out by the root and branch to fully repeal it. it's the only way we are going to get rid of it. [ male announcer ] you love the taste of 2% milk.

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megyn: welcome back. we are awaiting the president's remarks in columbus, ohio, still. he has not yet arrived. when he gets to the microphones we expect him to be promoting his new jobs plan that was submitted to congress yesterday. yesterday he also submitted more details on how he intends on paying for the $447 billion measure. we'll find out more about that we hope today when he come out before this crowd. we'll take you about live and hear from him. in denver there are safety questions today as the city's famous red crock ampitheatre, the red rock ampitheatre, rocks began raining down during a show. investigators don't know if the rocks fell spontaneously or if

somebody was climbing in a restricted area and knocked the rocks loose. >> i think we got the rock that hit her. it was probably bigger than a baseball size. megyn: the stage has served as a venue for the biggest acts in music including the beatles. the stadium is saying the theater is safe. nasa says a 20-year-old dead satellite roughly the size of a school bus will likely fall down to earth sometime between late september and october. why aren't scientists doing anything about that? trace gallagher, why? >> reporter: they are convinced this is not going to hit anybody on top of the head. this was launched in 1991. it was there testing the chemicals in the's atmosphere. but the proper d in the earth's appalachians.

-- they have no idea where it will come down. they narrowed it down to the southern parts of south america. if you are in those areas you may look up every once in a while the next couple months. this is the size of a school bus. but they believe upon reentry a lot of it will burn and it will shed in 26 different pieces. the largest chunk would be 300 pounds. how much back could it do, right? nasa is not clear. but what they are saying is the odds are 1 in 3,000 it will hit somebody on the ground. it's 1 in 11 million that will get bit by a shark. listen to nasa. >> it will have what we call an uncontrolled reentry which most satellites do. they are not brought down in a specific place. it's just wherever they come

down. the statistics of them coming into populated areas are very small. >> reporter: don't worry about that. they have been wrong before. they never hit anybody, but debris has fallen in populated areas. it's luck that people haven't gotten crushed with metal raining down on them. megyn: why can't they shoot the thing down in outer space? why can't it be taken care of before it hits reentry? >> reporter: like "war of the worlds"? megyn: should i be asking somebody other than you? >> reporter: i'll find out for you. megyn: do i have to mention the bath salts again? >> reporter: that was a huge misunderstanding. that and plant food. they are not sold in cvs. megyn: you scared the viewers

and i got lots of emails from people who go to cvs. >> reporter: i scared nana. she said what? i can't soak in the bathtub? megyn: when you scare nana you have me to answer to, trace gallagher. don't worry. nasa says it's one in 3,000. it won't hurt you. we are taking a walk in the shoes of one of the most popular women in american history. new interviews from jacqueline kennedy in the months after her husband's assassination. this is incredible stuff. wait until you hear what she had to say about martin luther king jr. president johnson, and how her husband handled the cuban missile crisis. a packed nfl station. the last thing a fan needed was an extra jolt. how a stun gun made it past

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megyn: stunning new glimpse at life inside the kennedy white house. interviews being released this week of former first lady jacqueline kennedy in conversations recorded after her husband's assassination. she shares her opinion on everything from the cuban missile crisis to the civil rights movement and dr. martin

luther king jr. molly line streaming live to us outside, from outside the kennedy library in boston. what a great assignment. this is really interesting, molly. >> reporter: it is. it's a treasure-trove of information. this will keep historians busy for years to come thinking about jacqueline kennedy and what she was thinking back in 1964. she was a young widow, her hawz had had just -- husband had just been assassinated, and they were very intimate recordings largely because the interviewer was arthur schlessinger jr. he was a his torn himself -- historian himself. she weighed in on the cuban missile crisis recalling that she begged her husband not to send her and the children away, she wanted to stay with him and prefer today die with him if that were the case. she also refers to charles de gaulle as an egomaniac, and she

said her husband expressed very clear reservations about lbj, lyndon b. johnson, the prime minister possibly one day becoming president. and she also weighs in on martin luther king jr. perhaps among the most controversial comment she made was to say i just can't see a picture of martin luther king without thinking, you know, that man's terrible. to put some context here, she had been told that martin luther king had tried to organize meetings with women. she had been told he had made some disparaging comments about the funeral of her husband. and to give us more historic context here, take a listen to what douglas brinkley had to say. >> she became friends with koh e relate -- coretta scott king, helped build a presidential library and got more involved with the civil rights movement in the late 'of 0s and '70s that i would think she would cringe to hear herself saying these comments about king, but she certainly felt them at the

time. >> reporter: certainly raises an interesting point, that jacqueline kennedy went on to live three more decades following these recordings in 1964. she died in 1994. so this offers a snapshot in history, and it's one we're all going to get a chance to look at all across america. the exhibit here in boston opens tomorrow, and the book hits the shelves tomorrow, "jacqueline kennedy: historic conversations on life with john f. kennedy." megyn? megyn: mollying line, thank you. the president has taken to the microphones where he will be making a push on his new jobs bill. we're going to take a listen for a little bit, then we're going to stream the remarks live on foxnews.com. let's take a had been to the headlines. >> in pockets of working americans. [cheers and applause] everything in this american jobs act is the kind of proposal that, in the past, has been supported by both republicans and democrats.

everything in it will be paid for. and every one of you can make it happen by sending a message to congress that says, pass this bill. [cheers and applause] ohio, if you pass this bill, then right here in this state ten of thousands of construction workers will have a job again. [cheers and applause] this is one of the most common sense ideas out there. all over the country, there are roads and bridges and schools just like fort hayes in need of repair. some of the buildings here at fort hayes were originally built during the civil war. that's old. [laughter] and when buildings are that old, they start falling apart. they start leaking and ceiling tiles start to cave in, and be there's no heat in the winter or air-conditioning in the summer. some of the schools the ventilation's so poor, it can

make student sick. how do we expect our kids to do their very best in a situation like that? the answer is, we can't. every child deserves a great school, and we can give it to them, but we've got to pass this bill. [cheers and applause] your outstanding senator, sherrod brown, has been fighting to make this happen. [cheers and applause] and those of you here at fort hayes have been making it happen. a few year back you decided to renovate this school, and you didn't just repair what was broken, you rebuilt this center for the 21st century with faster internet and cutting-edge technology. and that hasn't just created a better, safer learning environment for the student t, it also created good jobs for construction workers. you just heard tom say it's created over 250 jobs for may

cons -- masons and concrete workers and carpenters and plumbers and electricians, and many of those jobs are filled by the good people of columbus, ohio. [cheers and applause] but here's the thing, there are schools all throughout ohio that need this kind of renovation. there's a bridge in cincinnati that connects ohio to kentucky that needs this kind of renovation. [applause] there are construction projects like these all across the country just waiting to get started, and there are millions of unemployed construction workers who are looking for a job, so my question to congress is, what on earth are we waiting waiting for? [cheers and applause] i don't know about you, but i don't want any student to study in broken-down schools. i want our kids to study in great schools. i don't want the newest airports and the fastest railroads being

built in china, i want them being built right here in the united states of america. [cheers and applause] there is work to be done, there are workers ready to do it, so let's tell congress, pass this bill right away. [cheers and applause] >> megyn: and the president'serer marks will be streaming live on foxnews.com. feel free to go there, and it looks likee got the headline. you can hear the folks chanting there, pass this bill, in columbus, ohio. an important state. joining me now for reaction is oregon republican greg wall den, deputy chairman of the national republican committee, trying to get republicans elected to congress, and he's also chairman of the house republican leadership committee. congressman, thank you so much for being here. we appreciate it. >> megyn, good to be with you this afternoon. megyn: we had chris stirewalt, our fox news digital politics editor on at the top of the

hour, and he explained this convoluted sort of way the president hopes to pay for his jobs pang. i mean, i thought talk about thf every day, i'm barely holding on, so i beg you to keep it simple. the president says, look, it's a half a billion dollars, essentially, jobs package. i know i have to pay for it. the supercommittee that's supposed to be finding $1.2 trillion worth of savings, i'm going to tack it on to them. so they've got to find an extra 505 billion. and if they fail to do that, then tax hikes are going to take care of the whole thing. and he wants you and congress to pass the plan that would make all that happen. now, he tried to get the tax hikes through a democratically-controlled congress and couldn't do it, is there any chance of the current congress doing what the president is now asking? >> you know, megyn, first, it's always good to hear the president out and around. he gives a rousing speech. but legislating is more than

just speechifying, and what we've said when the republicans took over in the house, first of all, we'd like to actually see these bills. we'd like to have an open public process so that people, the press and taxpayers can weigh in and find out what they really do because for two years when they controlled everything we got sold a bill of goods. remember those 2,000-page bills rammed through in the dark of night, nobody had a chance to read, and now we're suffering the economy. so we look forward to working on the president's proposals in the right order. we want to know what they cost, what they do. it did become more complicated last night when he sent his bills out and it turns out they are, basically, driven in about $400 billion in tax increases, and they're permanent increases for short-term spending and borrowing. it didn't work in the first stimulus. but you know what? we're going to take a look at his ideas. we've got ideas of our own, we've got 11 bills that we passed in the house that would create jobs, reduce the costly

regulations -- megyn: right. you've got your own ideas. >> they're all over in the senate. megyn: let me ask you this, the president is out there saying on the campaign trail what on earth are we waiting for? we've got broken down schools, we want airports and train stations to be built here that are the best, not in china. construction workers ready to get out to work now and saying you've got to get to work right now, that there's an urgency, ad you share in it. >> i do. but you know what? i was a small business owner for 22 years and created jobs in the district i represent, rural oregon. it is small employers that create jobs. sure, we've got roads and bridges that need to be improved, we've got a highway extension transportation bill to extend highway funding into the end of march, an faa authorization bill going forward, we've got these energy bills already over in the senate. but what i hear most as i'm out around oregon and the country from small businesses that want to expand and grow is the uncertainty of these federal regulations are causing them to sit on their money such as they

have it because they're afraid of the costs they may incur going forward -- megyn: all right, so why don't you deal with the regulation in another bill and give the president what he's asking for in terms of infrastructure spending, and he wants in particular aid to states so they won't have to lay off teachers and firemen and police fighters, police officers and so on. >> well, megyn, we went through this with the first stimulus bill. all the same things were prompted as a -- promised as a result of that, and they promised us, the president promised unemployment wouldn't go bo 8%, and that didn't happen. so first of all, let's figure out what the costs are. the president said in 2009 one of the worst things you can do in a recession is to add taxation on the very people that are supposed to produce the job. so here he is coming back saying either this supercommittee now has to cut another half a trillion dollars or do these tax increases. those tax increases, as you pointed out, were rejected on small business other thans by democrats, i can't imagine there's a appetite for them in

the house right now. there are other things we can do that you don't have to borrow that open up america's reserves on energy, reduce energy costs and create jobs in that sector, and if we just had a freeze on these regulations for a couple of years, i think you would see businesses do what they do best, and that is use their money to create long-term, private sector jobs. megyn: the president has rolled back some of his regulations, in particular laos week on the ozone that was applauded by folks on your side of the aisle. don't you have to meet him halfway? is. >> absolutely. and we're trying to, and that's why we plan to give his proposals a full airing here in the house. you haven't seen us come out and say, oh, no, we can't do that or can't do this. what we're saying is, first, let us get the bill scored by the congressional budget office so we know what the costs are, let's look at what these tax increases are and the effects they might have on the economy, let's hear from those affected by them and let's hear how these spending cuts are going to be on top of the trillion and a half we've already set forth.

the idea was to reduce the debt, not spend more. you're just spending more out of the government. megyn: sir, thank you so much for being here. >> megyn, good to be with you, thank you. megyn: all the best to you, sir. well, here's a hard turn for you, kelly's court is back in session. on the docket, armed and ready for some football on 9/11. [inaudible conversations] megyn: little altercation in the stands, as you saw. 59-year-old leroy mckelvy doning his cowboys jersey on september 11th. rooting hard against the

hometown new york jets, but never mind green gang, he reportedly blew a gasket when a fellow fan told him to take off his hat for the national anthem. cops say he whipped out a stun gun and gave the guy a jolt. j-o-l-t, jolt. [laughter] he apparently made it past what was supposed to be a fortress of security packing a powerful weapon in a massive crowd that included former president george w. bush all on a day that was billed as armageddon when it comes to protecting america. so what are the potential lights here? -- liabilities here? let's ask joey jackson and david wool. all right, so as i understand it, joey, this guy, mckelvy, was in the stands. he refused to take off his hat, refused to stand, say or sing the national anthem or pay respects. he also was chitchatting during taps and amazing grace. >> nice guy. megyn: there's a marine sitting a couple people down from him who doesn't appreciate that

behavior. this guy gets up a little while to go, you know, i don't know, out to the refreshment stand, and according to reports the marine refuses to let him out of the row, and that's when mckelvy shocks the marine, sending the marine tumbling down six rows. chaos ensues. now mckelvy is arrested, he's facing charges for what? >> very well done, megyn. absolutely, listen, there's a number of charges, one is for aggravated assault -- megyn: that's serious. >> it's very serious in new jersey. for the three people that he actually zapped with his stun gun, the stun gun represents a separate charge because you can't have a stun gun, it's unlawful, and then there's the unlawful weapons possession charge which the stun gun is. megyn: no one can have a stun gun? not even little old me? what if i got into an altercation with somebody? [laughter] >> well, as precious as you are, megyn, no, new jersey says you can't, and at a sporting event it's particularly volatile. people get up, we root hard for

our home teams. it's supposed to be an occasion where we can just cheer and both have mutual respect for each other, but as we know and as david knows what happened with the dodge consumers and the giants fan way back when when there was that horrific assault, david, but the bottom line is this is not the place. there's multiple problems here. one is that the person faces multiple counts criminally, and then you have to look to the liability on the part of the people who should have checked him to insure on 9/11 when our president, former president was in the stadium that he should have been not having those things. megyn: right. because it could be, david, that maybe the marine or others who were stunned by the stun gun could go after not just mckelvey, but maybe the stadium for letting a guy into the stadium with that, and maybe even mckelvey is going to go after the jets because his son, the guy who did the tasering or the stunning, the stun gunning, his son, the sob of the stun -- the son of the stun gunner --

[laughter] is now saying that the jets' coach, rex ryan, may be to blame because he warned cowboy fans not to show their colors, and he feels that the father then felt threatened as a result of that atmosphere. >> yeah. megyn, welcome to 2011 where wearing the opposing team's jersey constitutes a provocation. i mean, are you kidding me? i think the bottom line here is that, yes, this man was engaged in some annoying behavior, no doubt about that. you don't sit down when the national anthem is played, and you don't -- megyn: well, but that's his right if he wants to do it. >> that's his right, megyn, precisely. the point is the marine who is wearing the jets jersey stands in front of him, refusing to allow him to leave. and if you go back to that dodgers' incident, i mean, that is an offensive act, megyn. he has a right the defend himself when somebody's blocking his leaving from the stadium -- david. >> so i think his action was reasonable and stunning. what else could he do?

start a fistfight? i think no charges should be filed here and, by the way, joey is right. other than a misdemeanor charge of possession of a stun gun because the only people in new jersey who can legally possess or, actually, just possess stun guns are the criminals. megyn: all right. i've got 20 seconds to the hard break, joey, i'm going to give you the last word. >> a sporting event is not the place for this. he acted inappropriately, and what kind of intent does it show to have a stun gun at a sport sporting event? megyn: well, i was thinking about it until we did this case. >> you might want to now, joey, for eyeing out loud. >> in jail without the bail. megyn: we'll be right back. for sunsweet,

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megyn: gold, it's at an all-time high right now. historically one of the richest states in the union in terms of

gold is california. but the golden state, essentially, sidelined right now, and the reason is state's strict environmental standards. adam houseley streaming live to us in sutter creek, california, southeast of sacramento, in the heart of gold country. hey, adam. >> reporter: hey, megyn. that's right. those environmental standards, those strict standards you spoke of and, of course, the lower prices of gold in years past shut down all the gold mines in this area. this is the area that formed california 162 years ago, the money tomorrow bed stock -- formed stockton and san francisco. a couple of companies have waded through the regulation and one is preparing to open up here in california's gold country for the first time since the 1950s. 500 feet below ground the only action in california's motherlode these days is tourism. >> mining is part of this area, it's why tourists come up here, it's part of the history. >> what built the golden state

has, basically, gone dormant until now. with gold prices spiking, the rush to restart claims in places like sutter creek is on. >> all indicators is that the price will continue to go up, and that make our project viable not just for the first five years, but also for the 50 years in if our use permit. >> but not everyone is rushing to welcome back a romantic time past. >> what we've seen too often is a company's going to come in when the price of gold is high, they're going to start their process. boom, the price of gold is going to drop, and these companies are going to be out. they're either bankrupt or just walk away. who cleans up that mess? >> but mine operators here say there won't be a mess to clean up. >> we're going to create an environmentally and socially responsible mine in a historic district at a profit and create a lot of jobs here. >> reporter: so there's a mine trying to open up in grass valley about 60 miles to our north. this mine here in sutter creek expected to be fully operational in six months with the first gold bar to be poured in if

about a year's time. megyn? megyn: adam houseley, thank you, sir. we'll be right back. w o0 c1 0 what's going on here? hey, whats up guys?

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