the officer was responding to a report of a suicidal person with a gun. somehow that person apparently opened fire. two air ambulances dispatched. four people shot in all including a justin, texas police officer. that officer was able to call for help and back up which arrived. we don't know the conditions of those who have been hurt, but we'll keep an eye on it for you, live from justin, texas. jenna: we also have this fox news alert for you now, there is a tragedy unfolding off the coast of norway. a deadly fire on board a cruise ship. laura ingle has all the developments. >> reporter: we've been told by the cruise ship director that the fire is out and everyone is accounted for. there were 262 people on board. thankfully no passengers were injured.

the nor waoepblg yan operator of the ship says the two that died were crew men. six crew members are being treated at local hospitals for smoke and injuries. it started before the ship arrived northwest of oslow. more than 100 passengers were evacuated into life boats before the smoldering ship reached the port. the others were able to get off the ship when they got to land while heavy smoke was still billowing through the ship. we are told this morning the passengers can still salvage their seven-day vacation if they want to. the company is offering those who abandoned ship to jump aboard one of their other cruise ships that are in the area. they operate several. if passengers want to go home the crews' operator will arrange for their travel and give them credit for another trip in the future if that's what they want to do. martha: sounds like the least they can do at this point. we'll continue to follow this story. lawyer a thank you very much.

jenna: we welcome you on a busy thursday morning. we are so glad you are with us, everybody, i'm jenna lee. jon: i'm jon scott. off to a busy heart. brand-new developments in the scandal surrounding solyndra. that is the california solar company the white house touted as a shining example of green job generation. that is before solyndra blew through more than half a billion dollars in taxpayer loans, declared bankruptcy and laid off $100 workers. jenna: racing questions about the approval process for the similar lust program loan guarantees. the subject of an f.b.i. investigation, a congressional hearing this week and the treasury department is launching its own investigation. jon: rich edson is live on capitol hill keeping on this story for us. what happens next, rich. >> reporter: we've had a continuation of this argument from that contentious house hearing that we had here

yesterday. a senate panel is reviewing department of energy nominees. this has been a debate about solyndra between democrats and republicans. republicans are saying they rushed the loan guarantees through for political purposes. this debate continues and the investigation goes as well. the energy and commerce committee over on the house side that had that hearing kwreud is still investigating so linda loans that have gone out, loan guarantees that are expected to come out from the stimulus program and the chairman of that committee says next week he's going to hear from solyndra. take a listen. >> we'll be really interested in hearing their side of the story as it relates to not only the restructuring of the loan, which put the taxpayer last, which means we all lose, as well as the jobs that were lost, and really how they were able to get the very first tra u.n. che of this money from the start.

>> reporter: you mentioned this earlier that the treasury department is also looking into this. an official there confirms the treasury inspector general is look into the treasury department's role and is making inquiries into all of that. jon: we are talking about half a bill dollars worth of taxpayer money, is that all gone? >> reporter: right now when a company goes bankrupt what happens is it goes through a bankruptcy court, they break the company apart, they sell the pieces of it, see how much money they get from it and give it out to the creditors. the judge decides that. as it stands right now the loan guarantees the government gave were about $535 million. because the company went bankrupt 528 of that actually went out. because of a restructuring that occurred last year most of the taxpayer investment takes a back seat to private investors. those private investors would get paid off first then the u.s. taxpayer. jon. jon: we are always left holding the bag it seems. rich edson in washington, thank you.

jenna: the economy front and center in the political stage. new numbers from the labor department show first time unemployment claims jumping by 11,000 last week, that means 428,000 americans filed for benefits in the latest count. that's the highest level in more than two months now. rick perry is using the struggling jobs market to taught his record as text governor over the last decade. in that time the state added 1 million new jobs. some say perry's policies had very little to do with that growth. james rosen is taking a closer look and joining us live from washington. james. >> reporter: to hear governor perry tell it the job growth in his home state over the last decade is apt lee described as the texas miracle. >> what americans are looking for is someone who can get this country working again. we put the model in place in the state of texas. when you look at what we have done over the last decade we

created one million jobs in the state of texas. at the same time america lost 2.5 million. i will suggest to you that americans are focused on the right issues, and that is who on this stage can get america working. >> reporter: others on that stage, per reese rifles and critics claim that the jobs boom in texas which endured even through the great recession are all hype. they are low wage or in the public sector or simply a product of the state's good fortune in natural resources. >> texas has zero income tax. texas has a right to work state. a republican legislature and supreme court. texas has a lot of oil and gas in the ground. those are wonderful things but governor perry doesn't believe he created those things. that would be like al gore saying he created the internet. >> reporter: however an analysis federal data found texas boasting the greatest increase

in jobs of all 50 states since the great recession began with a growth rate since that time of 2.2%. the how early age is $15 and change that places the state squarely in the middle of the pack which is significant. this analysis found that even if energy jobs were removed from the equation texas would still be growing jobs faster than any other state. it is true that texas' public sector has grown at an above average rate but this could to some degree be expected from a state whose population grows rapidly. jenna: thank you very much for that. jon: to a warning for pakistan. it comes after a rocket attack this week on the u.s. embassy compound in kabul. and a truck bomb last week that wounded 77 american forces in afghanistan. u.s. officials suspect pakistan-based militants were behind both of these attacks. defense secretary leon panetta saying the u.s. will do everything it can to defend

american forces. molly henneberg is liv in washington with that story. >> reporter: hi, jon. secretary panetta pointed the finger directly at the haqqani network and put pakistan on notice if it doesn't do more to stop terrorists from crossing over into afghanistan to launch deadly attacks then the u.s. will. the haqqani is a dangerous terror network allied with al-qaida and the taliban. secretary panetta says quote time and again we've urged the pakistanis to exercise their influence over these kind of attacks with the haqqanis. i'm not going to talk about ho how we are going to respond. we are not going to allow these type of attacks to go on. pakistan says it has head as much as possible and says the u.s. hill tear reand its allies are responsible for any militants that cross over into

afghanistan. they say these remarks seem to be out of line with the type of cooperation and the extent of cooperation that exists between the two sides on counterterrorism. the u.s. has given pakistan $20 billion in aid since the 9/11 attacks to get them to help in the fight against terrorists. relations have been strained though between the two nations since the spring when the u.s. crossed into pakistani territory to kill osama bin laden who had been hiding there. jon. jon: molee henneberg in washington. thanks. jenna: the fda is working to pin down the source of a deadly listeria outbreak. rick folbaum is in our newsroom. >> reporter: this is a farm in the town of grenada, colorado that is recalling canteloupes that are growing there. they were able to trace the illness back to the farm. they are shipped from july 29th to just this past saturday. we have a map to show you states

where we know the medical ons were shipped, at least 17 different states known so far, but there could be more. they are still trying to gather that information. and they appear to be the source of a multi-state listeria outbreak that has so far killed four people. this is a bacterial infection, especially dangerous for babies, the elderly, pregnant women and anyone who has a weekendee tune system. this is a photo of a sticker that may be on some of the contaminated canteloupes. if you have one of these medical ons and you haven't eat even it yet, throw it out. we'll talk a little bit later on with the doctor about how to protect yourself from listeria. stick around for that. when we get more information about the medical ons and a possible mandatory recall we'll pass it along. jenna: thank you very much. jon: brand-new trouble on the housing front to tell you about. foreclosures hitting a nine-month high in this country, this as the head of the world bank warns the world could be headed to an economic danger

zone. what does that mean for. jenna: yikes. jon: yikes is a good word for you. jenna: susan powell vanished nearly two years ago, her husband the only person of interest, we are going to tell you what investigators just found, plus forensic pathologist dr. michael baden will be here live. [ male announcer ] this...is the network.

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jon: you think you've lost money lately? right now switzerland's biggest bank is dealing with a $2 billion loss. they blame it on a rogue trader, warning it could end up reporting a loss for the entire third quarter as a result of this unauthorized trading. an employee faces charges now, he was arrested in london on suspicion of fraud. ubs says no client money was involved, but the loss is equal to the amount of money the bank says it hoped to save last month by cutting 3500 jobs over two years. jenna: continuing now with economic news, new data today

showing a major spike in the number of foreclosures from july to august. ththe 7% increase is a nine month high for the number of homeowners unable to foot the bill and they are starting the frost ses of foreclosure. the president of the world bank is pointing fingers at the u.s. and other countries saying the world is now in a new economic danger zone. joining me to talk about this is steve morris, economic journalist with the "wall street journal." do you agree with that. >> there is no doubt about it. i don't think that is a very shocking head hraoeup. we've seen this coming for a longtime. the data that came out today, i hate to say it, jenna, it's so grim. we've seen an increase in the foreclosures that you just mentioned. the new unemployment insurance claims numbers came out today. they are supposed to be falling, they rose again, which suggest we may see another pick up in the unemployment rate in a couple of weeks. it's hard to see any silver lining. i guess the silver lining is at

least i didn't lose $2 billion. jenna: it puts it in perspective for a moment. through the last couple of years, a banging crisis, recession, why is it new now? why wasn't it new two years ago. >> let's talk about the housing crisis for a minute. i've been wrong for the last six months to a year. i thought we were really close to the bottom on this and we'd start to see rising housing prices and we'd start to see a decline in foreclosures. that is not happening, jenna, and the reason it's not happening is because the rest of the economy is so lousy right now. people are losing their jobs. we saw the numbers that came out earlier in week with respect to the census data and declining income. it's tough for them to pay their mortgages. that's why foreclosures are up so much. i do think finally we are very close to that bottom on foreclosures on on housing prices and i do think 2012 is going to see a turn around in

housing. i think we're finally going to see people starting to go out and buy houses again. jenna: do you care to wager $2 billion on that steve? >> if i had it in my bank account i would, jenna. think about this. jenna, it's been three years now that we have not increased our housing stocks. there's been almost no new homes that have been built. that is the reason i feel like we've got to be close to the bottom. we can't continue to go forward without rephrepb eurbs our housing stock. jenna: some economists would say it's good we have not been building, there is so much stock on the market that there are no buyers to absorb it. we have the new jobs plan coming from the president. taking away not talking about the details of that plan for a moment, do we need a housing plan more than we node a jobs plan right now? is it more important to keep people in their homes and keep them current on their hoepbls it is to help them find work? those two things are connected, if you don't have a home you can't find a job, if you have a

job and you can't keep your home -- >> the two things go hand-in-hand. i think the top priority has to be putting people back to work. if people don't have a job and paycheck it's really difficult to make the mortgage payments or buy a house for that matter. the real issue is will this president obama -- what is he calling it the american jobs act, will it create jobs? i'm skeptical. it's proposing temporary tax cuts now for big tax increases later. businesses don't hire workers for one year, they typically hire workers for three or five or ten years, and the small businessmen and women are looking at this big tax tidal wave coming their way in 2013. that's one of the reasons they are very hesitant to bring on new workers. jenna: we always appreciate your insight. it's always nice to have you. steve moore with the the "wall street journal." >> at least the stock market is up today, jenna. jenna: we have a great story coming up. you should stand by for this one. jon: respecting your elders

something most people have heard and try to do. one arizona army veteran is giving a whole new meaning to that phrase after his family lost their home to foreclosure. reporter dan spindle of fox affiliate ksaz has a great story from phoenix. >> reporter: this small house in a humble neighborhood west of downtown phoenix might not seem like much to the average home buyer, but for the cordova family for years this house was home. >> this is on a beam foundation, and jose's dad being in construction literally rebuilt the house. >> reporter: jose senior built the house in 2004 but he lost it to foreclosure when he lost his job. jose junior an army veteran at age 22 tours to afghanistan and iraq under his belt wanted to do something to make his parents' lives a little easier. he saved up $30,000 all during his deployments overseas and miraculously found this. his childhood home on the

market. >> he did put a lot of work. he rebuilt the whole thing pretty much. i used to see him doing it and i helped him a few times with whatever i could do. >> reporter: the real store who tp facilitated this whole thing told us the story is as unique as it is heart warming. >> this is one of the best things that we have ever done in 25 years ever real estate. this is the best transaction. >> help your family,. >> reporter: at times it's hard to find the words to explain just what i want to say jose senior told me fighting back the tears. i would like to somehow thank my son. in phoenix, i'm dan spindle, fox 10 news. jon: $30,000 on an army salary. good for him. jenna: that's a good boy, a good son, and a good story. weee try to mix the good stories in with some of the other economic news. of it is tough out there, but there is some silver linings and good stories out there.

we'll find those for u. in the meantime she disappeared nearly two years ago and her husband under a huge cloud of suspicion. a possible break police have been waiting for in the search for a missing mom from utah. we are going to go in-depth just ahead. ing the perfect prune plum is an art form. and now, we present a true masterpiece: d'noir prunes. they're delicious. absolutely perfect. d'lightful, d'cious, d'noir prunes, only from sunsweet. [ male announcer ] this is what it's like getting an amazing discount on a hotel with travelocity's top secret hotels. the easy way to get unpublished discounts of up to 55% off top hotels. harpist not included. ♪ harpist not included. motorcycles, boats, even rv's. nobody knows where he got his love for racing. all we know is, it started early.

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jon: right now investigators in utah are trying to figure out whether human remains found in the desert are those of missing mom susan powell. we have been telling you about her story for quite some time. she disappeared nearly two years ago. her husband josh was never arrested or charged, but police say he is the only person of interest in the case. he contends that his wife ran off with another man. he says he was out camping in the desert in subfreezing temperatures with his two young children at the time she disappeared.

joining us now dr. michael baden, forensic pathologist, also a fox news contributor. would you guess by now they have made a positive didn't tpaoeu indication of the remains and are peeping it out of the media, doctor? >> i think so. if the teeth are available, if that part of the body is still there a dentist can immediately within minutes make an identification of the dental records the police already have on file with the remains. and they would know that by this time, yes. jon: well, is it possible just from seeing what i presume is only a skeleton at this point, is it possible to know whether it's the body of a man or woman? >> yes. there is definite markers on the body. one right over the eyebrow. men have a bump underneath the eyebrow in the skull, women don't. and there are a number of those kind of markers on the skull, on the pelvic area that tell the

sex right away. any long bone of the upper leg or arm can tell you the haoeuft the person and the skull can also tell race and age. so they know a lot already about whether thinks the missing woman othis is the missing woman or not. jon: we learned through the certificate -frp of little missing caylee anthony, that skull remains can give you a lot of information but if other parts of gone it is difficult. are they going to be able to figure out a cause of death here? >> that will be an important part of the investigation by the medical examiner if this is the right person that they think it is. if she were shot or stabbed, or hit in the head with a blunt object, chances are they'll be able to tell that from the skeleton. if she were strangled then they may not be able to tell cause of death, because the little bone in the neck that tells you that is usually gone after a year or

so, it just gets taken away by animals. jon: you say this it's also important to note whether, you know, clothing remnants or bits of jewelry, identification papers and things like that are found with the body. does that go to the cause of death or is that simply for identification purposes. >> it goes for identification purposes. it also goes to thoughts, did she runaway with another person or not? what she has on may give and idea of what shgive an idea of what she was doing out there. even at this late date there may be tears or punctures in clothing that will tell whether she struggled when she was taken out, whether she was a live when she was taken out or not. jon: the police have said that her husband josh, who moved out of utah, he's living with his father up in the northwest, he's

the only person of interest. does the finding of her body make it any easier to make a arrest, even if they can't prove the cause of death? >> yeah, there are two things about that, jon. one is that it takes away other possibilities of how she disappeared, and also it will help determine when she got there, how long she's been there, and whether or not he has an alibi, a legitimate alibi with thand the two kids in the blizzard won't work. jon: always good to talk to you dr. bad even. thank you for your expertise. jenna: almost all of them have used antibiotics ointments, they help cuts and scrapes and heel

and prevent infection. a new study says be careful, they could actually do more harm than good. a doctor joins us next to tell us why that potentially could be. we'll take you live to the largest weapons show in the world next. [ male announcer ] you love the taste of 2% milk. but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance.

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acquisitions center at fox where we bring in hundreds of satellite feeds from all over the world. there on remote 292, that's tropical storm maria churning out there in the atlantic, not a threat to the u.s. coastal regions except for some pretty pounding surf. on remote 287 there's greg talcott at the world's largest weapons show. he's going to be bringing us a report from there in just a moment. up there on remote 232 that's the white house where, oh, about three, three and a half hours from now the president is going to be making a very special presentation, bestowing the medal of honor, the nation's highest military honor, on a marine who saved un-- well, just dozens of people. we'll have that story coming up. mike tobin is in chicago with a look at that on remote 265. mike? >> reporter: well, jon, dakota meyer is not comfortable with all of the attention he is now receiving. in fact, he says he's trying to move past what he calls the

worst day of his life. but he goes along with the television interviews and all of the ceremony so people will recognize all of our fighting men and women, particularly the members of his team who didn't survive. from the battlefields of afghanistan, one marine's courage under fire earned him the nation's highest military honor, recognition dakota meyer does not feel he deserves. >> definitely not a hero. that's the furthest from the truth. >> september 8, 2009, an afghan army battalion supported by u.s. soldiers was ambushed. corporal meyer requested by radio to go help them. he was ordered to stay back and disobeyed orders. >> we're going to either go in there or die trying, you know? that's how it is. that's your brothers in there. >> reporter: meyer and rodriguez chavez rescued u.s. and of afghan troops and provided cover allowing dozens to escape. they returned to the valley five

times searching for members of meyer's own team. when he found them, they were all dead. >> that's the worst feeling ever to, you know, i went in there to bring those guys out alive. that was my mission. and i didn't bring them out alive, so i failed. >> reporter: now, dakota may say he failed, but his grandfather, dwight, is also a retired marine. he says he is exceptionally proud of dakota and the actions he took on that battlefield. dakota's now retired from the marines, he's working in concrete and dabbling in the family business of farming. jon? jon: such an awe-inspiring story, mike, thanks very much. megyn kelly will carry the entire medal of honor awards ceremony on"america live" today about three hours from now right here on fox news channel. jenna: now turning to some medical news. neospoken, bacitracin can be found in most medical kits, and now there's concern that it

could help heal your wounds but maybe make it more prone that you're hurt by something else. dr. lee benakur is joining us now. some japanese researchers were looking at mersa, a drug-resistant bacteria. and one of the things they want today explore was whether or not people that use neospoirn, for example, are more prone to mersa because they've been using that antibiotic more. what do you think about this study? >> well, the study did look at a bunch of staph and different informations, and mersa is resistant to penicillin, but we know what they found was this special strain that we've been seeing a lot in the u.s. that you get in the community, you'll have a boil or a pimple, pop it was usa 300 strain. and this strain was resistant to

bacitracin, it was already resistant to that. you know, they didn't can prove that this caused the resistance, um, and it still is sensitive in the community too. sometimes suest that and some other drugs which is good, but, i mean, you have to use common sense, and for a very small, tiny cut, maybe you just need to wash your hands or wherever the cut is well with soap and water, and you shouldn't ask for antibiotics if you have a virus. so we overuse antibiotics today, that's to be sure. jenna: johnson & johnson said that the authors themselves were going to look more into this connection, and they say that antibiotic ointments have been used safely for years, so it sounds like you agree with that, it's still safe to use these ointments, but use discretion. >> yeah, use discretion. it's the same way if you just have the cold or flu, an antibiotic isn't going to help you, so don't insist you need an antibiotic. we're overusing too many

antibiotics, and as a general society now we're seeing these resistant forms in the community. before we only saw them in the hospital where we do use a lot of antibiotics. jenna: let's move on to this other story as well, you have cantaloupes that could causing wis tier ya in people across the country, 17 states are looking out for these voluntarily recalled fruits. what kind of symptoms would one get? >> it's a food-borne illness, you get diarrhea and fever, it can cause seizures and convulsions. it's most serious for people that are pregnant or immune compromised or the elderly. that's more of an issue. but, you know, there's so many, you know, one farm supplies a lot of people, and that's why it gets spread around the country. there aren't probably enough fda inspectors to protect everyone. did it happen when it was growing so it got inside the cantaloupe, or did it happen how it was stored? so it's on the outside.

jenna: even on a cantaloupe which i hate to admit it, but i don't know when the last time i washed the outside of a cantaloupe because you don't eat the rind. >> right. jenna: you say you should still wash that fruit if you're serving it to your family. >> yeah. i mean, think about it, it's true. i myself sometimes don't wash it, but you can contaminate it if t on the outside -- if it's on the outside and it's penetrated a little bit into the rind. if you scrub it really well, especially since you're not going to eat it, with soap and water, that way you're not going to contaminate the surface you're cutting it. jenna: do you believe, by the way, the special food soap that you can wash your vegetables with? do you know what i mean? that sort of product, do you recommend that for your patients? is. >> yes. you know what, that is actually a pretty good thing if it's a rind that you're going to eat. if it's something you're not going to eat, an avocado, a cantaloupe, you can wash it with regular dish soap and water, it gets rid of bacteria. but if you're going to eat the

rind, you don't want to taste soap, and some of this has an acid that can kill the bacteria. jenna: we covered a lot of ground here, doctor, thank you very much. dr. vinocur, always nice to have you. >> thank you. jon: the biggest weapons show in the world is underway right now in london. there is plenty of firepower to fawn over. laser-guided bombs, shoulder-mounted rockets, massive tanks all there on dismay. 20,000 people are reportedly attending including military leaders from around the world, but who's buying? greg talcott is live in london with more. greg? >> reporter: hey, jon. i'm standing from front of a mock-up of the state of the art f-35 jet fighter, just a taste of what is inside this show. some 6500, 65 countries involved, 1300 manufacturers all trying to outdazzle each other with the latest high-tech weaponry, also trying to have a stronger sales pitch than the

others. serious wheeling and dealing going on at this show right now, jon. a short while ago we were on the exhibition floor. we got a taste of the sights and the sounds of the place. here, take a look. unmanned battlefields is very big, this is kind of unmanned aircraft we've seen a lot of over the afghanistan/pakistan border, as well as robots taking the place, whenever possible, of the grunt on the ground. it's a lot safer that way. this is a surface to air missile with laser guidance, and back there if we can make our way through, a protecter control vehicle and a v-shaped hull at the bottom to guard against the ied. as you can see, a lot of wheeling and dealing, a lot of sales being made back and forth between countries and companies and a lot of high-tech gear. night vision rice down to the old, conventional rifle for the infantryman. some discouraging words at least for the weapons makers here,

jon, the iraq and afghanistan wars are winding down. that means demand is down, and the budgets at the pentagon and other defense departments across the world are being tightened up. defense sector very important for the united states, four million jobs alone in the our country as well as jobs all across the world. that means the folks here are pitching to other markets, emerging markets, countries there, new customers and also trying to stay as cutting edge as possible. maybe the more interesting item that we saw an this show today, jon, the invisibility cloak. these are heat-sensitive, heat-emitting tiles that you can put on tanks and helicopters, whatever, and make those items look like whatever the owner wants them to look like. back to you, jon. jon: a little bit of harry potter mixed in with modern weaponry it sounds like. greg talcott, thank you. jenna: wow, that's pretty interesting. you know, cops are on the hunt after a brutal beatdown is caught on tape. we have video from a wisconsin

sandwich shop where an angry customer got a little bit more than he bargained for. jon: and then a fight of a very different kind, this taking place on a street corner on the west coast. take a look at this. spongebob, yes, his square pants all in a twist, duking it out with two women? this is the real deal, apparently, even the cops showed up. the rest of this crazy fight and the whole fishy story coming up.

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august the 18th. a customer comes in and for some reason gets into an argument with an employee. police say the argument is then escalated, and it spills out from the store out into the parking lot. you can watch the video as it continues here. this is the surveillance video. the store employee then goes outside, the beating continues. someone tries to intervene and stop the fighting, that person is also assaulted and beaten. there was someone who was shot in the ankle here, so this is a real serious problem. a witness, as we said, was also injured. police in milwaukee now want your help to id these thugs. you can get a pretty good look at them. i mean, look, they're looking right at the surveillance video right there. someone has got to know who these guys are, and there is a tip line if you have any information to call the police in milwaukee. the number on your screen, 4 14-935-7360. you don't have to give your name. all you've got to do is help the

police get these guys off the street. back to you guys. jenna: rick, thank you. jon: well, the u.s. postal service is in big trouble, as you probably know, facing a deficit of billions of dollars. so what's the plan to keep it in business? brand new information coming up in a live report. and you know you want to see it, spongebob square pants turns street-fighting man. what set him off? and where's squidward? stick around. ♪

jon: some developing stories we're keeping an eye on here in the newsroom and from our control room. a federal judge says incriminating statements made by the suspected underwear bomber

can be used against hip at trial. -- against him at trial. even though umar abdulmutallab claims the fbi never told him he had the right to remain silent. the judge citing a national security exemption. iraq and oman now getting involved in negotiations over the release of those two american hikers still jailed in iran on spying charges. they're trying to finalize a $1 million bail for freedom deal. the prime minister of great britain and the president of france making a landmark visit to libya in a show of support for the new leadership in that country. jenna: and we have this breaking news alert to bring you from our very own catherine herridge who has confirmed that the head of al-qaeda operations decide of pakistan -- inside of pakistan was killed this week. again, chief of operations for al-qaeda inside of pakistan, apparently, killed by a drone strike. catherine was able to speak with the u.s. official and confirm

this report that was out earlier this morning. of course, this is very key as we've seen the fighting on the border between pakistan and afghanistan intensify, and also to know that there are, well, as we heard from our very own dominic di-natale this week, we've been talking about the attacks happening inside the capital of afghanistan in this kabul and wondering if there's a connection to groups in pakistan. there was a question of whether or not it was al-qaeda or the haqqani network or something else. again, we hear this week another blow at the core of al-qaeda in pakistan, the chief of the operations there killed. catherine will have more reporting on this throughout the day here on fox news. jon: well -- [laughter] jenna: what a transition. you want to go for it? let's just do it. jon: sponge bob duke it out. take a look at this video courtesy of tmz. [inaudible conversations]

bleep [bleep] jon: that's one of those only inform -- only in california scenes, a character in costume getting beaten up by two women on a street. the cops were called. ultimately, we understand, neither spongebob nor the women was charged because nobody wanted to press charges. jenna: and no one knows what started that fight, although didn't we report the story about some people thinking spongebob was bad for children? maybe he's feeling a little tense. but i can confirm that the entire crowd sighs in disappointment when the man underneath that big spongebob costume -- jon you mean he's not

real? jenna: exposes himself. there was disappointment out there in california. jon: they're just angry about that voice of his which i will try not to imitate. a solar power company goes belly up after getting hundreds of millions of your tax dollars. today congress is asking some questions about the solyndra company and how anyone could have missed the warning flags that, apparently, were raised before the checks were written.

>> hi, everybody, i'm rick folbaum, we're at the fox assignment desk where all these people are working very hard to find the news we then bring to

you. a couple big stories we're watching this hour, first of all, this is the scene, washington d.c. the podium there, pretty soon will be manned by the speak speaker of the house, john boehner, who will be giving his own jobs speech to counter the president's jobs plan. and then there's a live shot of the white house, the outside of the white house where a little bit later on today the president will be awarding dakota meyer, a former active-duty marine corps corporal, the medal of honor. and some breaking details that are just coming in to our newsroom regarding that missing mom in utah. we're gathering the information, and we'll have it for you coming up in the second hour of "happening now." jenna: and we start the second hour with new questions about a stimulus program to boost green energy. it's a big story for us today, everybody. 're we're so glad your with us, i'm jenna lee. jon: and i'm jon scott. closer look at federal loan

guarantees after the collapse of a solar panel company backed by president obama. wendall goler live at the white house for us right now. what's the main concern that you heard at the senate hearing today, wendall? >> reporter: well, jon, the big concern was with less than two weeks to go before the stimulus program expires, the government is still considering 15 loan guarantees worth about $10 billion. obviously, the solyndra bankruptcy has spooked lawmakers since it may put the government on the hook for as much as $500 million. now, three nominees for assistant secretary of energy positions were grilled today about loan guarantee decisions that will probably be made before they even are confirmed. here's alaska senator lisa murkowski. >> we have a colossal failure within the department of energy with regards to this loan guarantee. it's calling in to question every loan guarantee that has been issued and quite clearly

any future loan guarantees that will go forward. >> reporter: murkowski says she is troubled that some companies got government loan guarantees that didn't really need the money to succeed, and other companies appear to have gotten loan guarantees that couldn't make it even with the government money. and she questions whether the government's focus should be green energy or cheap energy. jon? jon: what about those allegations that the white house put pressure on the energy department to approve the loan guarantees? >> reporter: press secretary jay carney says there was urgency to make a decision because of a scheduling question, whether or not it would be announced at an event that vice president biden was holding. but he said the urgency for the scheduling didn't figure in to the decision that was actually made about the loan guarantees. now, some lawmakers question whether or not the government should even with involved in making loan guarantees, they say

that amounts to picking winners and losers. but vermont senator bernie sanders disagreed, he says that's what we do here, the issue is whether we pick the smart winners. sanders notes that lawmakers rarely object to picking winners when they're in their states. jon: wendall goler at the white house, thanks. jenna: right now a big show of support for libya's rebels. you have the french president, nicholas sr. cozy, and the british prime minister, david cameron in libya right now. the visit is the first by foreign riders since -- leaders since rebels ousted moammar gadhafi from power. david piper is streaming live with the latest. david? >> reporter: hi, jenna, yes. in that meeting with the transitional council, president sarkozy and prime minister cameron said they now recognize the transitional council as the new government of the country. they also said at a news conference later that nato missions will continue until

this new government tells them to stop. and also both leaders were keen to emphasize it was the libyan people's victory. >> this was your revolution, not our revolution. it was those brave people in misurata, in men gaz -- in benghazi, in tripoli who were incredibly brave in removing gadhafi, and i pay tribute to those people throughout libya today. it is your revolution, it is their bravery that has enabled this to happen. >> reporter: yes, but victory hasn't been achieved yet. three major towns are still controlled by pro-gadhafi forces, cert and also ban banny what lid southeast of here. a rebel commander has given a

deadline of tomorrow or he says he's prepared to use heavy weapons. also today we witnessed ourselves the danger of unguarded weapon dumps here in tripoli. this one we found near the airport. nobody was around, but there were signs people had been taking what they wanted. gadhafi had been hiding munitions like this in warehouses in residential areas to escape nato air strikes. in just one warehouse, we found over 50,000 mines and, of course, if these get into the wrong hands, it could have ramifications, jenna, for the rest of this region. back to you. jenna: wow. some incredible video and reporting there, david. thank you very much. david piper in the libya today. jon: scary. a tropical storm warning and a hurricane watch issue inside the atlantic, tropical storm maria is on the move, expected to get stronger. right now it's swirling toward bermuda. janice dean live in the fox news extreme weather center for us. j.d.?

>> and how about some summertime snow for those colorado rockies, jon? jon: i heard it's been snowing up high. >> reporter: we'll talk about that in just a second, but here's maria, around 100 miles west of bermuda. 70 mile-per-hour winds, that just makes it shy of a hurricane, it certainly could become a hurricane within the next several hours. tropical storm force winds across bermuda at 36 miles per hour, so we're going to watch that in the next several hours, but it's moving very, very quickly, and into tomorrow we're going to see this storm come very close to the southeastern shore of newfoundland. we'll watch that very carefully. we are expecting, certainly, some very strong winds and some heavy rain for parts of eastern canada. just want to show you the tropical activity. we are past that climb to logical peak season, but we could see some tropical storms, certainly some named storms and/or hurricanes as we head

into october. remember wilma and mitch, those were very strong hurricanes in the month of october. now, let's talk about the radar where we're seeing a very strong cold front move across the northeast, back into the southern plains that will drop temperatures in some cases 30 dee theres. and -- degrees. and then we're seeing the radar light up across the central u.s. let's zoom in to jon scott's colorado rockies, he loves it there so much, he owns it. but we are seeing the potential for some snow showers above 8,000 feet, so the skiers already waxing their boards, and it's not even fall yet, jon scott. jon: get 'em waxed. that's for sure. [laughter] i'm ready, i'm there. >> reporter: i know you are. jon: thanks, j.d. >> reporter: you bet. jenna: breaking news out of utah now on the case of missing mom susan powell. rick, what have we found out? is. >> reporter: well, last hour we told you officials have been trying to determine if some human remains found in utah are those of susan powell. she is the 28-year-old mom who disappeared almost two years

ago. her husband has been named as a person of interest. we have an affiliate reporter out in utah, ben winslow, who's on the scene, and he is now telling us that the local police there are delaying the investigation into whether these remains, in fact, belong to susan powell. these remains were found on a property that requires hem to call an -- them to call an anthropologist to take a look at these scenes. apparently, they are near native american sites, so they want to make sure, and they need to actually make sure before the medical examiner can come in and take a look whether or not these human remains belong to native americans or part of some kind of a burial ground. it's holding up the investigation right now, the remains not even clear if they belong to a man or a woman. but a little bit of a hold up. they're going to bring in the anthroposition, and as we get more information, we'll bring it to you. jenna: it's on property the bureau of land management says we're not going to even look or

move these bones because we're worried it could be the bones of, as you mentioned, a pioneer or something like that? >> reporter: correct. or a native american. there are protocols that have to be followed when remains are found in this kind of a designated area, so they're following the rules, and as we get more information, we'll pass it on. jenna: they have detectives sitting there overnight guarding the bones. again, no one's touching them. at this point here's the speed bump, right? to see if anyone knows if this is susan powell or not. so we'll continue to keep our viewers updated. very interesting twist, rick. thank you. jon: some part of the crew of the international space station is headed back to earth, but after the disastrous launch gone bad of the last supply rocket that the russians tried to send up, is the future of this international station in doubt? and why one school is saying, no, you can't to teaching the bible in the class room. the argument is not as cut and dried as you might think.

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jenna: at the international space station. i hope you heard some of that. maybe i should start over? did you guys hear all of that? i think i'm okay. a soyuz spacecraft is headed back to earth. there was an extended stay at the international space station, and there are some passengers onboard, rick. who are these guys? >> reporter: two cosmonauts and one american astronaut who are coming back to earth after a tour of the international space station. they'll be coming back tonight, but the problem is that no one really knows exactly whether these astronauts will be replaced at the space station or whether those slots will go unfilled. three more astronauts are set to return to earth in mid november, and that would leave the international space station completely unstaffed. nasa's people say the chances of losing the whole project if there's no one onboard is about one in ten, and the critical

issue is getting food and other supplies back up there. since the u.s. retired the shuttle program a little while ago, the only way to get anything up there is on the shoulders of the russians. and after a failed launch of their progress rocket a couple of weeks back, you may remember we reported on that, they're trying to launch another batch of supplies at the end of on. so if that launch and only if that launch is successful, a mid-november launch will bring up a brand new, fresh group of astronauts to resume work on the space station which is expected to be in use, jenna, until 2020. i mean, that's the life expectancy of this. but they've got to get supplies back up there. jenna: so jon scott could go with them, right? >> >> reporter: i think that they would love to have jon onboard. jenna: be a nice kind of field report. jon: i would -- well, i'm not sure i would want to ride that russian rocket these days. [laughter] jenna: we'll see what we can do. rick, thank you very much. we'll continue to update everybody on what's next in

space. ♪ jon: it is a battle over the bible in idaho. a court fight over the good book and the study of it at a charter school. the state shut down that school for teaching the bible in western civilization classes. but the school's founders are appealing the ban, and this case could effect public schools all across the country douglas kennedy live in our new york newsroom with the latest in our series, "taking liberties." douglas? >> reporter: yeah, jon, the bible is certainly a religious document, but can it also be used to study history or literature? one teacher in idaho says emphatically, yes. >>t's a dirt field right now, but this used to be our campus. >> reporter: to isaac moffett, any education that leaves out the bible is no education at all. this is not just a religious document for you. >> it isn't. it is a primary teaching source of actual people who lived during the time period.

>> reporter: unfortunately for moffett, the board of education in idaho disagreed and shut down his charter school just one year after it was founded. citing his use of the bible in class. this is a video of the school as it existed in 2010, and this is the school now. all the classrooms are gone, and all that's left is this vacant lot. moffett has now hired an attorney and is suing the state. david can courtman is from the alliance defense fund, a conservative group that defends christian causes. >> the supreme court of the united states has held for decades now that it's constitutionally permissible to objectively teach thebible in the public schools. >> reporter: a 2009 memorandum from idaho's attorney general's office explains the state's position. citing article 9. no sectarian or religious tenets or doctrines shall ever be taught in the public schools. >> this seems pretty clear. the idaho state constitution

says no religious doctrines shall ever be taught in the public schools. >> it, actually, what's interesting, it's clearly a misrepresentation of the idaho constitution. it prohibits sectarian and denominational doctrines, it doesn't prohibit all religious text. >> reporter: courtman says he believes his case will eventually end up in washington, d.c., the supreme court. from here, jon, back o you. jon: all right, douglas kennedy, thank you. jenna: a headline certainly grabbed our attention this morning. is arsenic in your apple juice? one medical report sparked fear on this. a family physician will join us with the truth straight ahead. plus, new questions about the impact of the tea party in 2012. one of our next guests says the grass roots movement could actually help the president get reelected. political expert larry sabato just ahead. [ artis brown ] america is facing some tough challenges right now.

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jon: cleanup is underway right now at the world's businessest land crossing. yesterday a massive canopy collapsed shutting down the entry linking mexico and southern california. huge wooden beams fell injuring 11 people including a pregnant woman and trapping dozens of cars. more than 400 firefighters on the offensive in minnesota battling one of the biggest wildfires in that state's history. the governor also call anything the state national guard to help. and a new mexico neighborhood evacuated, the bomb squad cleared in to -- call inside to clear out a stash of dynamite. a guy says he stumbled across the explosives as he tried to clean out his late stepfather's home. jenna: well, there is a scary new report that certainly caught our attention and yours as well about the potentially deadly levels of arsenic in certain brands of apple juice.

is that true? is it something we should be concerned about? dr. kathleen london works at new york presbyterian hospital. so, dr. london, should we be worried? >> i think this is a bit of fear mongering. you know, arsenic is present in water, well water tends to have more than other waters, but it's present in the soil, and it leeches through through erosion and other methods. hydrocarbon emissions, so all these fossil fuels that are being burned in all the cars are way more levels of arsenic than we're getting through apple juice. jenna: dr. oz had this syndicated show, and he did his own study and found there was arsenic in apple juice. and it's true that arsenic exists in an apple? >> >> correct. in the apple seeds. so if they're not taking the seeds out before they make the juice, it's one of the reasons dogs shouldn't eat the seeds because it can be toxic to the dog as well. so when they're pressing the apple for the juice, if seeds aren't taken out, there'll be

low levels of arsenic. jenna: but there's actually two types of arsenic? >> okay, so within that there are levels of both. there's organic and inorganic. so organic is also known as fish arsenic because it's present in seafood and in a lot of fish, isn't really toxic. in organic arsenic which, again, there's more than one variety, is the more toxic one, and when we think of the poison, that's what we're yiewcially talking about. -- usually talking about. jenna: what happens if your child loves apple juice? >> let's start from obesity, i am not a big fan of giving your child juice. feed them water. do not get them hooked on sugary drinks. everything's in moderation. it's like tuna and mercury. we know that tuna, in fact, has the highest levels of mercury, and yet people are still feeding their children way too much tuna. when i hear the amount some parents send them to school with, i'm horrified.

jenna: as we're starting back to school we, obviously, have to pack the lunches. listen, we pack the lunches for ousts as well. when we talk about arsenic, though, it's rae alarming. -- really alarming. does it exist in a form that you could be exposing your child to, not in the apple juice, but maybe in another form? >> here in new york city just walking to school, all those cars, you know? if we want to reduce the amount of arsenic in the environment, cut the number of cars. playgrounds, they were allowed to use the cca plywood that got banned, but the number of playgrounds that still have that pressurized wood, and people's porches, arsenic is let out into the soils, kids breathe it in, and they absorb differently than we do. they're down on the ground when they're little. i know mine ate everything. you know? is laugh and that absorption is different, and their body surface area is higher than ours, so they're absorbing that way differently. so, yes, they're also being exposed to lead, to mercury. there's a lot of --

jenna: you should put them in a bubble at this point. [laughter] >> what i tell people is that my reason, i try where i can to lower the level of toxicity in my home. what kind of cleaners am i using. do i need artificial color and flavor anywhere? i mean, all these things. those are not necessary. so what can you pull out? because, yeah, just walking down the street you're being exposed. jenna: thanks for helping us work through that headline just a little bit, dr. london. always nice to have you. thank you. jon? jon: there's a bit of good news when it comes to the war on terror, new report about another top al-qaeda militant killed. we'll have more on who he was and what it means for america. also, the u.s. postal service getting taken to the woodshed in front of congress. today a brand new plan to try to cut more costs. will you still get your mail on saturday?

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i had only one thing to say... sign me up. call the number on your screen now... and find out about an aarp medicare supplement insurance plan. you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. jenna: affection news alert now. the -- a fox news alert. the obama administration confirming the death of one of the chief operation officers of al qaeda inside pakistan. he was a head guy. we just learned he was taken out by one of those drone attacks. molly henneberg live in d.c. >> reporter: this guy was one of higher ups, one of the strategy and logistics guys, chief of operations for al qaeda in pakistan,

killed by a cia drone strike earlier this week in the tribal areas of pakistan and bored of afghanistan. he was from saudi arabia and his death is going to make it more difficult for this guy who you see on this screen, al-zawahiri who took over for osama bin laden as the head of al qaeda. one u.s. official says this is another blow at the core of al qaeda in pakistan. the official goes on to say that, al-shari coordinated al qaeda's u.s. plotting in the region and worked closely with the pakistani taliban to carry out attacks inside pakistan. the u.s. has been stepping up its drone attacks recently in the lawless border region because al qaeda and taliban militants are said to be living there and plotting terror attacks from there. jenna? jenna: certainly an area we need to be focused on. poll little, thank you very much for that. we have more on that now. jon: for more who this guy is and what this means in the fight against al qaeda, we're joined by fox news military analyst major

general robert scales. general scales, this guy was the chief of operations in pakistan in terms of a terrorist organization. what does that mean? >> what it means, jon, this guy was sort of the number three guy in the al qaeda core network in pakistan and his principle portfolio included targeting americans in both the tribal regions and in afghanistan to some extent in pakistan. so being number three in al qaeda recently is not a long-term hire. the last three or four months the cia in particular has been doing a good job of either killing or capturing this core leadership and it may also, jon, suggest a thaw between the cia and u.s. military and pakistani military recently because the cycle time detecting killing and capturing the al qaeda core leadership has certainly gotten smaller over last few weeks that could be good news.

jon: i wonner about pakistan because as you know some people call them our frenemy they always seem to get upset when we take the military operations on in their territory. i was going to ask if this will bring more recriminations in that country. >> i think just the opposite, jon. the pakistani military is hot and cold. you might recall this guy, moritani, who was another al qaeda leader captured over the labor day weekend. this is another suggestion that the brad blood between the cia and the pakistani military may be getting better. who knows for sure but two high-level captures and killings over the last two weeks shows that the al qaeda core network is beginning to, is beginning to fall apart, jon. jon: right. so as al qaeda looks for somebody to replace this guy, they're going to have to go to somebody farther down in

the food chain, somebody with less experience and maybe somebody, well, they may have trouble filling the job because as you point out it seems to be magnet for missiles? >> well, that's right. now recall the al qaeda network in iraq and to some extent the network in afghanistan began to fall apart when the senior leadership was taken down and they had to start looking towards less-qualified, less-mature, less-connected middle management if you will. we may be seeing that in the core leadership that resides in pakistan. only time will tell with you one capture and one kill in two weeks is certainly good news. jon: chalk a couple good ones up for the united states. general scales, good to have you on. thank you. >> thank you, jon. jenna: back to some politics now. one of the big questions for 2012, what will the tea party's ultimate effect be? our next guest says while the tea party's enthusiasm and energy is something the republicans desperately need the unruly nature and

disorganization of the movement might actually help reelect president obama. this is a topic of larry sabato's crystal ball predictions. he shares those predictions with us once a week on thursday. he is director of university of virginia center for politics. larry, why do you think this? >> jenna, this is a new powerful movement and of course whenever you have new, powerful movement, academics political scientists historians run to study them. there are always pluses and minuses to any new movement. this particular movement brings energy and enthusiasm to the republican party but whenever you have new people coming in who aren't familiar with some of the norms of politics, sometimes they can push a party out of the mainstream. i don't think that's happened in 2010, except in some isolated senate races and some house races. but it could happen, could happen in the presidential primaries next year and i think that's something that some of the longer-term

republican leaders are concerned about. jenna: do you think the tea party, as you mentioned, taking a look at this new movement and its importance, make the distinction between movement and party, do you think this movement suddenly evolved into a party by 2012 or beyond? >> anything's possible. they could sponsor an independent candidates, third-party candidate for president, you never know. i kind of doubt it for 2012 because this is a movement that's clearly focused on ousting president obama. and it doesn't take a political analyst to tell them or anybody that if you have an independent tea party candidate, it will take two or 3% or more from the republican nominee. it could easily iaea lech president obama. so i think they fully understand that. i would be very surprised if it happened but this is not your typical political organization. they don't respond to two or three leaders. i think each one of them regards themselves as a

leader in their community, in this movement. so it's going to be difficult to get them all on the same page. jenna: you say the tea party fully understands, maybe, the its actions as far as how it could affect 2012. do you think the republican establishment fully understands the strength of the tea party and understands how to bring the tea party in to help move together rather than move apart? >> jenna, they're trying to understand. i think ater 2010, those elections, they understand a lot better. look, they admire them and appreciate the energy and the effort that they bring to republican politics. they also fear them. it is always a good thing to be feared in politics. machiavelli said that many years ago in the press. they are feared and for that reason, republicans tend to tiptoe around them. jenna: how do you think we'll talk about the tea party in 10, 20 years? >> it's a very significant

movement. i don't know whether they will still be around because these kinds of movements come and go in american history quite frequently. we all remember the progress serves and we remember the perot followers, followers of ross perot and we can list two dozen other major movements in american history that fit this model but it might turn out to be a permanent part of the republican party. we'll have to see. jenna: can the republicans court both independents and the tea party at the same time? >> yes, they have to do it carefully though. in a platform is designed for that. a good candidacy, manages to have planks in the platform that appeal to lots of different groups in the party. that's what the eventual republican nominee will have to do. that's why primaries are a good thing. they test a candidate's ability to weave together all of these disparate groups in what has to end up being a majority if it is a two-way race. jenna: who do you think is

doing the best job of that right now? >> i think it's pretty obvious from the surveys that governor perry has done a better job with that. not that he doesn't have competition with other candidates for tea party support. they're all soliciting tea party supporters. if sarah palin jumps in she will be a major competitor tore perry for the as well as michele bachmann and others in the group. this is one of governor romney's real weaknesses in seeking the nomination. he doesn't seem to have a lot of tea party support. jenna: you lead us seamlessly into our next segment. >> larry. always nice to have your reflections once a week and see what we're witnessing which is history in the making. larry sabato, thank you very much. >> thank you, jenna, as he said governor perry may be seeking some tea party support but he is also joining the list of presidential candidates who want to meet with donald trump. the texas governor and trump had dinner together last

night in new york city where perry attended several fund-raisers. it was the first meeting in person for trump and perry. although they have spoken on the phone before. so far donald trump has not endorsed any of the candidates. jenna: we shall see. we know fund-raising of course is key to the race for the white house. let's take a look at the personal wealth of these two republican candidates. texas governor rick perry stated salary peaked at $150,000 after two decades in public office. his worth is estimated around $1.1 million. his chief gop rival, former massachusetts governor mitt romney, is worth more than $190 million. so 190 times what rick perry is worth. jon: well the u.s. postal service is in huge financial trouble. it doesn't have too many options except raising the price of stamps. it face as deficit of up to $10 billion by the end of this month. the postmaster general

forced to come up with a plan to cut cash and fast, announcing some plans to try to keep the entire thing afloat. rick folbaum has more from the breaking news desk. rick? >> reporter: jon, this new plan just announced would dramatically change the way the postal service processing the mail. on the chopping block, 150,000 jobs at the same time. the number of processing facilities would be cut by almost 2/3, from 500 down to 185. these are the facilities where the mail is brought and sorted before the postal carrier puts it in your mail box. another potential loss would be no more first class overnight delivery. that would be gone. and the plans all need approval by the postal regulation service before going into effect. the volume of mail has been cut around 20% in the last five years. mainly because of the internet of course. but the postal service still maintains a huge number of buildings and vehicles and staff and in the past four years the postal service has been able to shave about $12 billion in costs.

part of which have come in the form of 110,000 jobs that have been slashed. even with these changes the savings would only be around $3 billion, which is about 7 billion short of where the u.s. postal service needs to be, jon. jon: but it is always a case of not in my backyard. everybody wants the postal service to cut money but nobody wants their local post office closed. >> always the case. jon: that is the argument going on in my little town. jenna: oh, yeah? you send a lot of letters? jon: not enough. i should write more. jenna: you guys start a letter-writing campaign to help them out. jon: i always get grocery flyers in my mailbox. jenna: the fbi is responding to a call, pretty serious one. from actress scarlett johansson, what she says was taken from her and what's next. also a series about the kennedys that caused so much controversy, so much so it was boosted off "the history channel." now the sweet vindication for the makers of the show. we'll tell you why just ahead. >> like other young parents

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>> hey, everyone, i'm megyn kelly. should the president's labor board be able to force boeing to move jobs out of a right-to-work state and back to a unionized one? that is the question the house takes up today and so do we. congresswoman michele bachmann claims that governor rick perry signed an executive order requiring a vaccine for 12-year-old girls because she said of crony capitalism. he was doing a favor for a guy who used to work for him and moved ton to merck. my guests today say she doesn't know rick perry at all. wait until you hear this backstory. plus, is president obama losing the jewish vote? the white house seems a bit nervous about this but does it have reason to be? all that plus an unbelievable medal of honor resipient. we will have the ceremony and his story live right here. jon: some new video just into our newsroom of that cruise ship fire we told you about a little bit earlier in the program. a very serious fire broke out in the engine room of

the ms nordless. even before it pulled into the dock. it is about 230 miles northwest of the capitol. you can see how scary that had to be for passengers on board. about 100 of them were piling into lifeboats in very frigid waters. some crewmembers stayed on board to fight the fire. we are told that two crewmembers actually were killed as, during this fire in the engine room. so much water was poured onto this ship, it is actually listing a little bit and the stability of the ship is somewhat in question. we'll keepn eye on this breaking news situation in norway. keep you updated as we get more information. >> well, i am know for breaking new ground. [laughter] >> you may enjoy your wit at this systems but there are

100 dead men out there. >> how dare you, sir? might i remind you're speaking to the president of the united states. so if you can't see your own culpability in this mess i suggest you don't belong in this room or this administration. jenna: a scene from miniseries, the kennedys. right now the folks behind might be feeling little vindication. it is up for 10 emmies this sunday on hollywood despite airing on little-known cable channel. "the history channel" yanked it in a very public dust-up. we want to hear what is behind the controversy with anita vogel live for us in california. anita what is up with all this controversy? >> reporter: it really all started when "the history channel" was dropping the series. that led to speculation that perhaps the kennedy family might have intervened to get the project killed. the producers of the show insist the kennedys never saw finished scripts or clips of the series and if they did complain, then it had to be political. it is no secret the

executive producer of minute any series, joel sernow, is a known conservative in hollywood. he doesn't made hide the fact he has high-profile republican friend and it is possible the kennedys didn't like that. as a result after the history channel dropped the series, it looked like it could be headed straight to dvd. >> one after another we were rejected from network avnet work for a variety of reasons. everyone who saw it said, this is really great. i don't really understand what is the controversy is about but, we can't, thank you but no thank you. we can't, we can't pick this up. >> and we know that the little-known reelz channel agreed to pick it up. the series got a whopping 10 emmy nominations. it has already won three for outstanding makeup, hair and sound mixing. jenna. jenna: anita, any response from the producers at this point? we mentioned they might feel vindicated. have they told you how they feel? >> yes, they do feel

vindicated. they told me the moral of this story, one of them, according to them quality prevails in the end. while some kennedy historians dispute ad lot of the facts that were in the script, historians from "the history channel" they say, it passed muster on all fronts. since the program aired they have yet to receive a single complaint from anyone including the kennedys. hollywood observers say the other big winner is the reelz channel that ended up with more emmy nominations than "the history channel." in a story line can only happen in hollywood. >> even if it doesn't win the fact it was nominated. it helps the marketing of it. it was enough for the reelsz chan toll to say we will reair in the fall and it will get a bigger audience than back in april. >> the emmy's air sunday night on the fox news

network. jenna: thank you very much. >> from the miniseries the kennedys didn't want you to see to pictures scarlett johansson, oh, she doesn't want you to see them either. the fbi is investigating how nude photos of the movie star made it to the internet. plus, well he is tired of the pushing and the shoving and all those cigarette butts. a artist taking new yorkers to task for bad manners. he hopes people clean up their act. you think they will pay attention.

jon: okay. so you're a glamorous movie star. you have some naked pictures of yourself and you're oh so

surprised and upset when they get out there in the public domain. that is scarlett johansson. she is calling in the fbi. she wants special investigators to figure out who hacked her cell phone and leaked nude pictures of her onto the internet. rick folbaum has more. rick? >> reporter: the feds are looking into this and they want to know how nude pictures of the actress which she apparently took of herself made their way onto the web. scarlett johansson not the first celebrity to have that happen to her. the fbi began the investigation in march to track down those responsible for taking pictures of 50 stars. including jessica alba, christina aguilera and vanessa hudgins of, "high school musical" fame. they hack into the cell phones and steal the pictures and sell them to porn web sites. there are no shortage of web sites who teach you how to hack into someone's cell phone if you're interested

doing that. some are taking matters into their own hands, threatening to sue any website that post the pictures online or maybe stop taking pictures all together, jon, i don't know. just an idea. jon: that would be one way to stop it. wouldn't it? rick folbaum, thanks. jenna: battling bad manners in the big city one artist putting his skills to work sending a message to fellow new yorkers and fellow americans in the city. jay shelton is the artist. some interesting street signs. tell us where you got the idea? >> i was spinning off a subway campaign i did last summer. got a lot of attention. people seemed to like it. and rolled into this. tackling more like street walking around etiquette. jenna: we have one of them. pull up your pants. no one wants to see your underwear. >> yeah. jenna: you have one about horse droppings as well. >> clean up after your horse. jenna: clean up after your horse. what is the reaction to the signs so far? >> positive. jenna: yeah? >> people seem to really like them.

overwhelmingly positive. jenna: has the city hassled you at all. you put this sign up, pay attention while walking. your facebook status update can wait. >> have you gone around personally on the city put the signs up. >> yeah, just me. jenna: have the cops gotten in trouble? >> i put them up in front of police officers. there are so few of them. only 80 in the whole city. jenna: as far as the signs? >> right. jenna: has the city approached you this is good idea we like the etiquette. >> i don't think they have the budget. jenna: how were you able to do it? >> was able to sell subway posters. jenna: what is next for you? >> i can't really tell you right now. jenna: is it secret? >> yeah i have things coming up all the time. jenna: we might read it on a sign somewhere. >> you might. jenna: good etiquette is important. >> ironic was here. i was going to do a sign fox news lies t got bumped for the cleanup after your

horse. i couldn't do it. so, i'm stuck with clean up after your horse. not as popular but funnier. jenna: i guess you win some and lose some. appreciate being a guest. >> appreciate it. jenna: jon? jon: some of the most compelling video you will see all day, the story behind a near-miss next. as a manager, my team counts on me to stay focused. so i take one a day men's 50+ advantage. it's the only complete multivitamin with ginkgo to support memory and concentration. plus it supports heart health. [ bat cracks ] that's a hit. one a day men's.

jon: you know, i'm a bicyclist, once in a while we get into a tight scrape with cars, but look at this. that's a bicycle shop in orange county, tuesday night. the 85-year-old driver hit the gas instead of the brakes. jenna: we're glad they're okay. thanks for joining us, everybody. jon: "america live" starts right now. megyn: new and serious questions about federally-backed loans for a green company on the brink of