today about how and why the obama administration approved a half billion dollar loan to a company that would go bankrupt roughly two years later. here is a timeline of how it unfolded. a few weeks before president obama took office in january of 09 the president bush energy department said this loan needed morey view putting up the yellow flag. about two months later a white house budget analyst wrote a warning email saying this deal is not ready for prime-time. just days later on march 12th and 13th george kaiser is listed on the white house visitor logs. he's been identified as a major solyndra investor, there he is dent tpoeud as visiting the white house. about a week later the white house announces a conditional approval for the loan. in may and june george kaiser visits the white house again. in august 09 the white house asks the house of management and budget if it can, quote, speed along final approval of the loan. on september 3rd the deal is

done, as solyndra and the department of energy enter a financial agreement. in may of 2010 president obama says, quote, companies like solyndra are leading the way toward a brighter and more prosperous future. and that brings us to august 31st, solyndra announces it is suspending operations and laying off 1100 people. an f.b.i. raid comes a few days later. where is the white house today on the scandal? fox news digital politics editor chris stirewalt joins us live from washington. hraoets tee it up with what jay carney the white house spokesman had to say about it yesterday. >> i think he's probably read some news accounts of it. i'm not aware that he's been briefed. there is not a lot to brief him on. there is no evidence that the white house was involved in the loan. this is the white house involved because they weren't. the white house was involved in trying to find out when a decision would be made so they could make -- staff here could make a decision about the vice president's having an event.

megyn: that's an important distinction to the white house. they say they did not pressure anybody to speed along final approval of the loan, they just wanted a decision one way or the other so they either were going to have the vice president at the ribbon cutting ceremony or they weren't. and jay carney wants us to believe that president obama, despite the fact that everybody, this is not fox, this is all over the mainstream media as well, that president obama has not been briefed about this. >> reporter: well, look, this is applausable deniability situation. this is a scandal fire break, where what you want to do if you are the press secretary, if you are the administration you need to keep as much distance from the president to the you will events as possible. we've seen this many times. the famous -- you i will lewded to it. the watergate question, what did he do and when did he know it. that is part of washington's buzz phrase, any time there is a scandal large or small, what did the president know and when did he know the you it? how involved was he with this democratic donor who was one of

the leaders of solyndra. how much pressure was exerted to get this loan approved. this matters a great deal because it goes to the president's credibility on the economy and it goes to his credibility as a leader. megyn: we have these emails coming out this one from an official in the white house office of management and budget from january 31st that leads the optics of a solyndra default will be bad. the timing will likely coincide with the 2012 campaign season heating up. truer words were never spoken. >> reporter: right i don't know how good they are at picking green energy investments, but they definitely have good political horse sense. that emailer in the office of management and budget knew that that would be a big liability and it is right now for the president. think about what he's doing. he's on a campaign swing across the country trying to get his re-election bid off the ground amid very low job approval especially on the economy. this under cuts one of the central remaining things that the president has going for him is that americans generally trust him.

and when he says easy pwof politics and only interested in what is good for the country unlike these rascily republican thr-s are a lot of folks who tend to believe him. if it turns out that the president helped a connected donor get a big loan that otherwise he shouldn't of that would be a disaster for the president's credibility on that discussion. megyn: hence the distance that jay carney wants to put between this scandal and the president. chris stirewalt thank you, sir. i want to tell our viewers -- the house is holding hearings on this right now. one of the things that they are focused on is the taxpayers gave this company $535 million but then private investors came in when the company continued to struggle and it looked like the money was not going to be a great investment. private investors came in with another 70 million or so and the private investors took priority over us. now that the company is bankrupt they are in line before we are to get whatever money solyndra has. the members of the house are pointing to the energy act of

2005. it says outside tpau nan sears are not allowed to jump ahead of the taxpayers to be paid first in the event of the default. the government years ago said let's look out for the taxpayers in these situations. joe barton, a republican from texas says i think the provision was violated if it was even looked at. why weren't we given priority. why was that subordinated to that of the private investors. authors the many questions they are looking into as they continue with the hearings and the investigation into who knew what and when. we have jobless numbers coming in giving us a better picture. the jobless rate increased last month in 26 states as well as the district of columbia. in a dozen states the rate held steady. in another 12 states unemployment dropped including north dakota which had the lowest jobless rate in the nation at 3.5%. 18 states had an unemployment rate last month that was higher than the national average, among

the highest the state with the worst jobless rate, nevada at 13.4%. california's august jobless rate 12.1, michigan's $1.02. and florida, these are key states in the upcoming presidential election. florida's unemployment rate 10.7%. the u.s. supreme court delaying the execution of a convicted double murderer in texas at the 11th hour. you do not see this happen very often these days, folks. dwayne bucks tporpbs had filed an emergency appeal after texas governor rick perry refused to delay the situation. jurors sentenced dwayne buck to death for the fatal shootings of his ex-girlfriend and a man in 1995. the question of guilt is not exactly the issue here. trace gallagher has more. >> reporter: 48-year-old dwayne buck was six hours away from getting a lethal injection when

the state came n. this is all about the testimony that was given by a psychologist during dwayne buck's murder trial in which that psychologist said and i'm quoting here, that black people were no likely to commit violence. the state argued that statement was more about prison populations than it was about dwayne buck. but the defense called it racist, said it was unfairly influencing the jury. now the defense isn't asking for a new trial, just a few sentencing hearing. one appeal was filed with texas governor and presidential candidate rick perry, that was denied. two more appeals were filed with supreme court, the supreme court denied one and granted the other, the execution therefore is stayed. here is dwayne buck's sister reacting. >> he deserves to be tried fairly. >> oh, jesus, jesus. >> we just asking for a fair trial, not asking you to let him go, just to be fair. >> reporter: it is question important to note that back in 2000 then texas attorney general

now senator john kornyn reviewed six cases. he said they should all be reviewed. one of them was not, that was dwayne bucks. the five reviewed got new sentencing hearings, they were all sentenced to death. kornyn is a big advocate for governor rick perry. he has halted only four executions, including one of a woman who was later executed. the case now, megyn before the supreme court. megyn: trace, thank you. fox news alert a little more than an hour ago palestinian president mahmoud abbas announcing he is coming to the united nations for a historic showdown over israel. he will ask the u.n. to call

palestine a state. catherine herridge has the story live. >> reporter: right now we are waiting on a briefing at the state department. this potential showdown at the united nations next week has been brewing for months. the palestinian president mahmoud abbas as said he will go to the u.n. security security council and he will push for a palestinian state. the administration's position is they support statehood for the palestinians but through negotiations with the israelis and not through the united nations. >> they cannot achieve statehood through a declaration of the united nations. it is distracted and counter productive. >> reporter: reporters were told earlier this week that they are committed to state work and recognition by the united nations. asked specifically about the rights of minorities in a future

palestinian state they implied it would be free of jews. after skwraoerpbs much the last 44 years of military occupation and conflict and friction i think it would be in the best interest of the two people to be separated. the head of the hess republican committee said the administration's policy in the middle east is confused. >> the israelis don't know if they think we are their friends right now but they tphort sure. the turks have taken very aggressive steps with no one saying, hey, what are you doing? so without any u.s. strength in that whole region we are close to a disaster as we can possibly get. >> reporter: in context right now the administration is running two parallel tracks of talks to try to resolve this before next week. megyn: thank you very much. blunt advice from president obama from one of the best known democratic strategists in the country. james carville saying it's time for the white house to, quote, panic. we'll show you why in three

minutes. a horrifying attack raising new worries about so-called killer bees. we'll show you why police were evacuating entire buildings in this incident. >> look at that. it's a tornado. right there. >> i see it. >> i got it on video too. >> wait until you see this. up next see how this played out in some incredible video of mother nature in action. >> is it coming our way? >> yeah, kind of. >> it's water. >> yeah, it's a waterspout. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪

megyn: new information out of maryland has the national weather service investigating a possible tornado there. check out this video. a tornado or waterspout in ocean city. that's not what you want to see coming at you. it's what is called a tornado

when it happens over the water. this thing did come onshore. cars and buildings were damaged. no one was injured. town officials investigating reports that the waterspout made landfall as an actual tornado. new warnings from a revered democratic strategist getting a lot of attention today. the every flamboyant james carville now saying that the white house should be in quote, panic mode, and start firing staff immediately. he wrote, quote, gore god's sake why are we still looking at the same political and economic advisers that got us into this mess? it's time to show them the commit. wake up, show us you are doing something. does he have a point? joining me now democratic strategist dan gerstein and david webb, host of the david webb show and with the tea party

355. you actually say you felt this way two years ago. >> yeah. megyn: why, why? >> well if you look at the beginning of say 2010 when half the country thought the president might be a socialist and a quarter of them thought he was a muslim there is a fundamental failure of presenting the president's image, let alone the policy failures, right, just those things alone show there was a kind of inch economy. megyn: it's not like change your policy, it's show the country that you're a leader, and that you're doing something and that you're outraged. go ahead. >> and that is a big part of it. then there is the policy piece of it. he made the wrong decisions by focusing on healthcare instead of the economy and jobs. while not taking on wall street and having any kind of accountability for the economic mess, which is part of james carville's prescription which i agree with a hundred percent. at the end of the day the public's problem with president obama as president is his leadership, whether he is a

strong leader and up to the task. they have reason to doubt that. he has a short window to turn that around or the election will be a serious, serious uphill climb for him. megyn: he almost got rid of all his entire economic team. >> there is one lef megyn: who is carville talking about, he says fire attorney general eric holder. >> and he would be absolutely right, because outside of the fact that the president can face what would certainly be a battle over a nomination for a new ag holder will be probably one of his biggest problems down the road. megyn: he's not going to get rid of holder. >> he can't have a nomination battle right now. he's stuck with him. carville's point is this. your credibility is gone, the american people, our negatives are going up, people don't trust you any more, they don't trust congress, so that you're a leader, go out there and get the 2fer if you will. let me fire somebody, let me call it a firing, say it isn't working. the the big question is the

president looking at governs over the to 12 campaign trail? we're not going to get governs, bee are going to get the campaign trail. megyn: they all kind of have to do that. >> there has been a fair amount of turn over but there is one person in place who is the architect of the president's economic policy and that is timothy geithner. he should have been fired a longtime ago. timothy geithner, i have no thing against him personally and i know he's a very smart guy but he got this wrong. he got this wrong. and he inspires no confidence in the american people. megyn: carville also wants him to indict people. he says fire, indict, fight. he's talking about indicting people i assume on wall street that got us into this mess which is what he talks about. already people on the other side of the aisle say if you have t want to do that you have to look at barney frank, and so forth. is this serious he wants to start indicting people. >> absolutely. one of the reason why there are tea party people like david and

a backlash against the bail out is there was no act built. megyn: no heads rolled. >> we bailed them out. the american people are art smart. they said this doesn't add up. megyn: in president obama's defense it was president bush who approved tarp, which has widely been said to have worked. it saved wall street and they say it saved main street but it didn't solve the problem. press came in and started to regulate main street more. but -- >> people have moved on. short term memory in politics and in the american public, the fact is you're right, tarp questions we can argue that will be debated for decades in the history books. but now it's obama's economy, now it's the guy at the top. megyn: what do you think when you see somebody like carville coming out and saying, panic, panic. >> he's a really start strategist which james carville is. he's looking down the road at what it does for the party and the re-election. he's saying to obama either you regain it now after 3 years or

960-something days and obama is literally being looked at by the american people as a failure as a president policy wise. megyn: can he save this and turn his numbers around and turn the approval numbers around. >> i think he's lost the opportunity to win the election on his own. he needs to say, i know i made mistake but i can do a better job than the republicans i'm running against. and so why they would be a disaster for the economy, that they would actually set us become wards judge i'm better than the other guy for now. >> in order to do that he has to have record of success to run on. when we look at the failure of stimulus one, now the son of stimulus, the last one created zero jobs. son of stimulus is going to create half of zero. when we look at solyndra, a waist of taxpayer dollars with no results. and we are getting chided by the chinese, by the french, by

christine laguard. people are take, this isn't my america,. megyn: i think the white house has to be paying attention. >> i think that is typical democrat trick whining. that is a hold over from -ts 2008 campaign when there was a lot of democrat trick whining. it's about time they listen to some outside voices. megyn: we have reports this a top general he came under pressure from the white house to change his testimony in the interest of helping a top democratic donor. also bees so powerful they take down a one thousand pound hog, wait until you see what a similar swarm did to a couple of folks yesterday. to one's mil the same set of values that drive our nation's military are the ones we used to build usaa bank. from free checking to credit cards to loans, our commitment to e military, veteransand their families is without equal.

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megyn: it is one of america's most iconic cars and it is no more. the very last ford crown

victoria was produced in canada thursday. the crown vehicle yore kwras roomy inside and rock solid frame made it popular with cops and cabbies everywhere. they first introduced the crown victoria in the mid 50s. it was the last car made with the theuft on the steering column. i can see joe is not happy about it a former cop. bayh. new development with the killer bee scare that we heard about a decade ago. twin attacks in southern california and arizona leaving investigators to wonder if we have fresh worries about killer bees. in santa ana four men hospitalized after tens of thousands of bees twarpl a storage yard. in arizona, farmers watch in horror as bees swarm their half ton hog killing the animal in a two hour attack. that is just awful. trace gallagher here with more.

trace. >> reporter: these are africanized bees, they call them killer bees because they are much more aggressive, much more prone to attack, and when they attack they swarm in very large numbers, and they are relentless. it was a handicapped man in santa ana in his wheelchair, he deturbd a-and the bees bombarded him. he flipped over in his wheelchair, he was helpless, stung more than 60 times. the bystanders three of them heard him scream. they ran to help him but the bees were so aggressive they couldn't get near the man. they knew they had to get them out. they dove in, pulled him out. they were all stung dozens of times themselves. all of them were hospitalized. the surrounding buildings were evacuated. the roads were even set down. in bisbe, arizona south of tucson, another attack on a farm. they swarmed these animals. some of the video is a little bit graphic. we have thousands of these bees on a pig, that is a pig, and

they killed this thing, a thousand pounds. they stung this thing over a over again. we should -- here is the bee expert to explain this. >> this year has been worse than i've seen in ten years. a thousand-pound pig ace huge thing and has skin like that and fat like that on it. i'm kind of surprised that they did kill it. >> reporter: you saw the animals, people on the farm had to runaway. one woman had to hide inside her truck. listen to her. >> i jumped into my truck and unfortunately the passenger window was partly open, so they came in in a black cloud, many, many, so i had to swat them out the driver's window. this hand that did the swatting really looked like i had been boxing without gloves. >> reporter: in northern arizona a man remains hospitalized today after he was stung more than a thousand times. the bees are not more venomous than regular honeybees, they are just much more aggressive. megyn: that is awful. trace, thank you.

>> reporter: okay. megyn: we have new developments in the bizarre murder trial of a florida millionaire. we will bring you some of the new evidence as the accused's own family members give testimony. growing problems over a evacua vaccine for young girls. >> if you're saying that i can be bought for $5,000. i'm offended. >> i'm offended for all the little girls and the parents that didn't have a choice. that's what i'm offended for.

megyn: it is the first full day of testimony today in the high profile murder trial of a florida millionaire. prosecutors say bob ward shot his wife in their florida mansion. he says her death was an accident, that he was trying to wrestle the gun away from her as she was trying to kill herself. now testimony from ward's own family may be making things a bit harder for the jurors. steve harrigan live in our miami bureau with the latest on this one. hey, steve. >> reporter: megyn, some mixed signals from ward's old daughter, mallory, on the one hand saying she spoke to to her mother on the day of her death, she was never the type to kill herself. but also at the same time emphasizing their good marriage for 26 years saying they were a loving and devoted couple, her mother described her father as

the finest man she'd ever known. ward is accused of second-degree murder, accused of shooting his wife between the eyes. witnesses talking about the stains from both blood and red wine all over that room, some of those pictures simply too gory to show. ward himself covered his hands when the pictures were shown, his two college-aged daughters left the courtroom. as far as defense, they have a big hurdle to overcome, the hurdle that bob ward himself told the 911 investigator himself, i just shot my wife. they are trying to make the argument that ward was feeling responsible from not being able to stop his wife from shooting herself, that's why they say he told the operator he shot his wife. megyn: all right, steve, thank you. to the campaign trail, now, where you needed a medical degree to sort through one of this week's biggest

controversies. michele bachmann unleashing a firestorm that started in monday night's debate. she went after texas governor rick perry for an executive order he issued back in 2007 mandating that young girls get a vaccine that helps prevent cervical cancer. watch. >> if you're saying that i can be bought for 5,000, i'm offended. [applause] >> i'm offended for all the little girls and the parents that didn't have a choice. [cheers and applause] that's what i'm offended for. megyn: well, the following day congresswoman bachmann told nbc's "today" show the story of of a woman from florida who she says approached her after the debate and said that her daughter became, quote, mentally retarded after getting the gardasil vaccine for hpv. >> she told me that her little daughter took that, took that vaccine, that injection, and she suffered from mental retardation

thereafter. it can have very dangerous side effects. the mother was crying when she came up to me last night. i didn't know who she was before the debate. this is a very real concern, and people have to draw their own conclusions. megyn: joining me now for more on this, fox news medical a-teamers dr. sa nara qumeer and dr. manny alvarez. all right. so she was going after perry on this because she claims it was an executive overreach, that he did this by executive order, and parents had to opt out, and she has an issue with that. and then she doubled down by saying and you did it with something that is dangerous. you're forcing parents to give it to their children, and it's dangerous, and then makes the comment about mental retardation. first, let me ask you this: is there any evidence that this vaccine for hpv causes mental retardation? >> i give perry a for trying and a d -for bachmann for not knowing what she's talking about when it comes to the side effects of this advantage seen, that's the bottom line --

vaccine, that's the bottom line. megyn: no evidence of mental retardation? is. >> no evidence. over 30 million vaccines have been given out, no major reporting of side effects except the same that you get from any kind of vaccines, the redness, the malaise, the little fever. so this whole thing with mental retardation is an irresponsible statement, and it's hearsay. she's quoting something nationally that someone that told a story. megyn: now you have a lot of women or parents -- >> absolutely. megyn: -- saying i don't know if my daughter should have -- i have this healthy child, and i don't want her to go from being completely healthy to suffering from, you know, some sort of mental retardation. is that possible? has that ever been documented? >> mental retardation has not been documented. there have been two or three deaths, but these are very, very, very rare complications to the vaccine -- megyn: and it hasn't been proven that they were caused by the vaccination. >> not so much --

megyn: someone had the vaccine and died, but you're talking two or three. >> exactly. otherwise the most common side effects that dr. alvarez is saying, or dr. manny -- megyn: you can call him whatever you want. [laughter] >> the redness, and if you do have allergies to vaccinations, this is not the right vaccine for you. however, it has been shown to prevent hpv or human papillomavirus. >> i mean, look, the vaccine -- the problem that i have, and we wrote an article today about it is that this is the kind of vaccine for the prevention of a virus which only gets transmitted when you have intercourse, and right now the virus has been linked to cervical cancer. so right now the data, i was talking about this before, there's really not a lot of data out there that says, oh, look,

we have reduced cervical cancer by 2%, 3%, 4%. what we are seeing is a reduction on the virus. whether or not down five years from now we're going to see a reduction in cervical cancer is another story -- megyn: can you get cervical cancer if you get the hpv vaccine? >> sure. megyn: okay, but you lower your chances of getting it. >> that's correct. >> because the hpv vaccine treats hpv, and that causes about 70% of cervical cancer. so it's not the only source, but it does account for 70% of them. the vaccine itself has only been out for a few years, so we really need to wait until we get the five-year and ten-year data to see whether or not it's made a true impact. megyn: dr. manny, you're not a huge fan of vaccines, are you? >> i'm not. megyn: would you give this vaccine to a child? >> would i give it to my daughter? the answer is, no. i do believe this type of vaccination you can get away with it if you have a very good

education towards the individual you're trying to vaccinate. this is not like the flu, you can't get on a subway and start sneezing and giving everybody hpv. can't do that. megyn: no need to add cancer to the list. >> measles or the flu vaccine, i can see the point because you're affecting millions of people very quickly. this is a different kind of story. you're talking about prevention of cancer, yes, i get the whole thing, and prevention of a lot of things that are the side effects of hpv like painful intercourse and all of that. but you can have a conversation with your 11-year-old daughter, and if you have strong relationships, good -- megyn: yeah, yeah. there are other ways of protecting. what about you? would you give it to your child? is it something you feel fearful of in any way? >> i'm not necessarily fearful of the vaccination per se. i think dr. manny's point is very clear. parents need to decide for their children, obviously, what their fear is of how sexually active

their children are going to be. if your fear is that your child may be very sexually active with multiple different partners, or if a young girl, 18 or 19-year-old woman feels that she's putting herself at risk, she may want to consider the vaccination. but i think because of the side effects associated with this and i think because of the controversy associated with vaccinations, we shouldn't be mandating that every woman should have to have this vaccination. megyn: yeah. well, even governor perry said he made a mistake -- >> right. i give him an a for the effort. i think he was focusing on the right thing, but he did that thing a little wrong. >> there are risks of any treatment that we give them or vaccinations that we give. megyn: michele bachmann has since come out and said i'm not a doctor. well, these two are. >> duh. megyn: these two are. don't dispense medical advice, because it gets you in trouble. all right, doctors, thank you both so much. well, the auto industry bailout is more than a year

behind us, but ford motor company is now ripping the band-aid from some old wounds with a new ad. we're going to show it to you just ahead. plus, a manhunt, a u.s. army soldier on the loose after an overnight police chase, and cops say he is armed and dangerous. and imagine believing that all your financial problems are over! only to find out there's been a big mistake. right after this break, the heartbreaking story of a lady getting the letdown of a lifetime. she'll be here live. >> we checked it about five times, and they were still the same numbers. and i start screaming and crying. have i got a surprise for you! [ barks ]

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was just that, a dream. rich rodriguez from our affiliate kmph has the tale of the lotto winner that wasn't. >> we checked it about five times, and they were still the same numbers. and i started screaming and crying. >> reporter: her son raymond couldn't believe it. >> looked at them five, six times, and sure enough, all the numbers were there. i'm like, wow, so i started calling my family. >> the top row of the ticket spells out winner; 7, 12, 19, 23, 31, and the mega number, 45. but an hour later, all the laughter died in sorrow. >> i went to the store to verify the numbers, and they were different numbers. >> reporter: what the newspaper did was print friday's mega million numbers instead of the numbers from tuesday's drawing. >> by this time, i mean, i was very, very upset because, you know, how could they do this mistake, you know? >> reporter: elena lost her

husband in late july. she just ordered his tombstone. now her home needs a new roof. wednesday morning she thought she wa on easy street. >> when i saw these, i said, you know, now i have the money to fix what i have to fix. >> miserable. we're miserable. megyn: oh. joining me now, elena and her son raymond. oh, ma'am, i'm so sorry for you. i mean, just the crushing blow that must have been to find out. what -- let's just go back to the moment of happiness. you checked the lotto tickets, you play it at least four times a week. you see the winning number there, and can how did you feel? >> well, very, very happy when i saw the six numbers which they came out in the fresno bee, and right away i thought about doing what i had to do on my house and just, you know, being with my family because i just lost my

husband. so, but they're being very close to me. and so that was the only thing i was thinking about, just fixing my house, and i was happy, and i almost had a heart attack. megyn: oh. $54 million. and i know, ray, you were there, and you thought it was a gift from god. you thought it was a gift from your dad who had passed away six weeks earlier. >> yes, i did. megyn: and so how did you find out that it was not the right number? >> i went to the store to verify the numbers, to get a copy of the numbers, and sure enough they were the wrong numbers. they didn't match up. megyn: and it was because the paper had printed the wrong numbers, they had printed the winning numbers -- this was a wednesday, they had printed the friday's winning numbers instead of the wednesday's. it was the sacramento or the fresno bee. did they apologize to you? >> yes, they, some lady from the radio station was talking with

them on the phone, and then she handed me the phone because they wanted to apologize to me. that was it. megyn: i can't imagine your disappointment, raymond. i mean, it's just got to be -- it's one thing to not win, but to think that you've won and find out you haven't, it's got to be just devastating. >> it's a terrible feeling. megyn: where do you go from here? >> just kind of move on, day at a time, step at a time. megyn: well, i know you've got a roof to fix, and elida was hoping to use some of that $54 million to pay for her husband's tombstone. all the best to you, ma'am. we're sorry that your big win wasn't, but we're glad that you're well and your son is with you. thank you so much for being here. >> thank you. >> thank you. megyn: god, can you imagine? can you imagine? i mean, it's, you know, people can relate to going out and gambling or something and you think, you know, you're going to win at roulette, and it doesn't

wind up landing there, but $54 million because of a printing error, that could be a kelly's court although we didn't make it one because it's clear there would be no case against the newspaper. moving on, a soldier on the way to afghanistan gives a flag to an autistic boy who helped inspire her. just ahead, see why school officials then decided to take that flag away from the child. plus, ford giving new meaning to ford tough. capitalizing on their reputation as the only member of detroit's big three to reject government bailout money. we'll show you the car company's new ad just ahead. >> was buying american important to you? is. >> i wasn't going to buy any other car that was bailed out from our government. i was going to buy from a manufacturer that's standing on their own, win, lose or draw.

megyn: well, it can be strange when life imitates art. maybe two denver men were inspired by the flick weekend at bernie's when police say they took their dead friend out for a wild night on the town courtesy of the dead man's credit card. who else could we turn to for this one than trace? >> megyn, the police affidavit in this is unbelievable. a friend of 34-year-old jeffrey jarrett goes to his house, finds him unresponsive. instead of calling 911, he picks up another friend, they go back to jarrett's apartment, and then they go bar hopping. they go to a bar, and they use his credit card to go inside the bar. they left the body in in the back of the truck. after they drank there, they went to a different bar. of after the second bar using his bank card, they finally take jeffrey jarrett's body back to his home, and then they take his bank card, and they go back out

to a mexican restaurant using his card. then they go to a strip club until 4:00 in the morning. they spent $400 of his money. they finally flagged down a cop, and one of the guys tells a clear that he was dead. the cops, of course, arrested these men -- there they are right there. they have not been charged in the death because they don't know what the toxicology reports are, they're not sure exactly how jeffrey jarrett died. the family is infuriated because they say if friend had called 911 when he found them unresponsive, there might have been a chance to save him. instead, he fled, got his friend, came back and took them on this trip around the rockies. i mean, it's unbelievable when you read this affidavit how -- megyn: what was their motivation? if they wanted to rob him of his credit card, why not just take his credit card? why were they taking his dead body out with them? >> reporter: no explanation. they said he was clearly dead,

and they decided to put him in the back of the suv and take him around to all these spots. it's, it's bizarre. there's absolutely no explanation from these guys why they did it except that he was already dead. megyn: the mug shot says it all. trace, thank you. >> reporter: okay. megyn: unbelievable. look, look at these morons. i mean, my condolences to the deceased's family. can you imagine having those two guys the last ones with your poor relative? awful. well, new reaction coming in from the white house today about a top-ranking air force general who says he was pressured into changing congressional testimony to favor a big democratic donor. we'll have a live report on that next. and some now saying that they are appalled by the crowd's reaction at the tea party debate this week on questions about the death penalty and another about letting an uninsured man die. but are those criticisms fair? we'll debate it expwhroo. plus, anger in a small massachusetts town after a school confiscates

an american flag from a seventh grade autistic boy. but wait until you hear why it meant so much to him. >> you don't have to die to be a hero in this country. all you have to do is serve. and she was so completely moved by my son and what he had said to her, that she gave him the flag. [ male announcer ] it's simple physics... a body at rest tends to stay at rest...

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their equipment interfering with existing military bandwidth. jennifer griffin has the full report live from the pentagon. >> reporter: yesterday general william shelton gave testimony on capitol hill in which he addressed the concerns the military has about this technology a company called light square would use and how it would interfere with the system used by the military. they want to upgrade the system and military commanders say sit would essentially make them blind. general shelton told congressional leaders in an earlier classified briefing that he had been pressured to alter his testimony and downplay the military's concerns. he reportedly pushed back. >> i don't know that it's totally accurate to say there were no concerns. i think this was a very

different business plan that was put forward. and i do believe we were caught a bit off guard. january-february time frame this year is when we started to get concerned. >> reporter: the company based in reston, virginia is saying the gps industry is using partisan politics to prevent competition to upgrade the nation's wireless system. pointing out they have given to the democrats and republicans. they said it's ludicrous to suggest light squared success depend on political contributions. white house press second tear question jay carney add, omb reviews testimony to make sure what is said is consistent with administration policy. there was no attempt to influence testimony.

it's not just the military that's concerned about the technology being used by slight squared. it's also the faa. they are concerned plane would be flying as well if this technology moves forward. it was back in january of this year that the fcc gave a waiver to light squared to pursue this 4g network and the military is pushing back hard. megyn: the white house found itself battling political scandals and falling poll numbers. with each passing dale we are seeing a new round of bad data. we reached out to three powerful pollsters to see which numbers they believe the white house should be watching and what all this means for the rest of the country. joining me now scott rasmussen, former democratic pollster pat caddell and the former director of planning for former house

speaker newt gingrich. we thought it would be teresting to get three top pollsters on to see what you think is the most relevant thumb nail sketch of what the white house needs to be watching. pat, you picked direction of the country. >> it's a good end case. we are getting numbers approaching records of people saying the country is on the wrong track. megyn: 73.4%. >> if you are the incumbent presidents and you are driving a country and 73% of the american people think it's the wrong direction you will pay a price for this. there is a larger problem, alienation and cynicism and a feeling we are losing our future. he's the man in charge. it sets the environment.

you remember ronald reagan saying are you better or worse off than you were four years ago. this is a question about the country that involves people individually. i could give you a half dozen ones, some of them even more sophisticated that are chilling for this president. megyn: scott, you chose a poll about how do you rate your personal finances? 33% say excellent or good, 41% say fair. you have 60% saying fair or poor. >> this gets back to the points pat was mentioning. are you better off than you were four years ago? four years ago in the fail of 2008, 43% said their finances were in good or excellent shape. it fell to 35% before barack obama took office. instead it has fallen a little bit further. for the president -- this is a number that captures a lot of that anxiety pat was talking about. it's not all about the money.

but if you are not feeling good about your personal finances you will be frustrated no matter how you look at it. megyn: what do you think? you cited a poll, a job approval poll. but i think there is meaning in here. it's the contrast between two numbers. what is the overpaul job approval and looking at economic job approval which in most surveys have had it very low, somewhere one i believe bloomberg had it 33%. -- approve. and you just can't do well when your job approval is in the low 30s. megyn: you are saying the overall disapproval could come to approach the economic disapproval which is 62%? >> because of the fact the economy and jobs is the number one issue, his jobs approval is likely to move in that direction. that's why you see the president

literally panicking in terms of trying to get a jobs program out there. he understands that that's the dynamic he has to deal with. megyn: this is all in a vacuum. it's focused on president obama and the white house. obviously he's the man in charge and people will look to him. how important is it as our earlier panel was pointing out hot other nominee is going to be from the republican side? they are saying barack obama is likely given these numbers to roll on. you may thought be that thrilled with me, look at other guy or gal. >> i ran a campaign some years ago that was beginning to look similar to this one. we didn't have quite the money president obama has. but the sub text of our message was it could be worse. that is a tough message to make. if you are in a condition and things are bad and getting worse. and you are the incouple benlts. the opponents who you think -- if you are the incumbents.

the ability to make a choice becomes more of a referendum. if they cannot make things better in the economy in what's happening, they will have a tough time, i don't care who the republican is. megyn: haven't they done an effective job of trying to demonize the tea party? they have 22% of the american public agree with them and they are sitting back saying how did we get to that point? why? >> when you look at a lot of the issues the tea party folks are talking about you see the country is generally behind them. you are going to have a front row seat for the fox debate next wednesday. republican candidates will have to come up with what their solution will be. it's not good enough that the president is doing horribly. he opened the door to all republicans and lowered the bar for republicans in terms of what they have to do. but we'll see what the republican candidates response is to this president's jobs

proposal. megyn: if we do president obama versus generic republican or specific republican running for the nomination what do you find? >> right now with the exception of mitt romney the republican candidates trail president obama. for the presidente is struggling because the number who say they will support him moved down to the low 40% range. as long as the election is a referendum on him which i believe it will be. all republic chance in the running will have a shock. >> the way this country is going and the way the people feel about both parties, what i think will happen this fall, the possibilities of a major third party candidacy or ticket against both these parties is getting greater by the day. don't discount it. >> that third party trend is not going to come from a centrist candidate. it's coming from people who would like to see somebody

proposing less federal involvement than both the republican candidate and president obama. megyn: thank you also much. alert for you now on a major manhunt for an escaped soldier. police in new york look for russell markham. they say he was in units custody after making bail on burglary charges when he got away. he's considered armed and dangerous. >> reporter: markham says he will not be taken alive. authorities say he's suicidal. he says he will force police to shoot him to end his life. that being suicide by cop. here is the latest information we know. authorities are using helicopters, canine units, roadblocks. everything they can to find the 22-year-old. they are focusing on richfield in new york where markham crashed a vehicle after leading police on a chase across three

counties. they set up stop sticks, they punctured the tires on the vehicles. he's a private first class. he joined the army in august of 2010. he was deployed to fan * this year. he's 6'3", 180 pounds with brown hair and blue eyes. authorities found his flack jack net his vehicle when they were searching it after he crashed. they believe he's dplesd camouflage and he may be armed. if you see him call 911. he was charged with third degree burglary after the owner after storage unit found him allegedly trying to steal property from three of the units. he was out in jail on the charge in unit custody. he was being monitored by a member of his unit and that's when all this happened. megyn: we are hearing a growing

chorus of criticism about the crowd reaction at the tea party debate monday night. in particular how the audience reacted to the death penalty question and to a question about letting an uninsured man die. are the criticisms fair? are these folks truly extreme? we'll debate. he carried around a small american flag because it had special meaning. but the school took the stars and stripes away from this autistic child. the on one of the big three that did not take the federal bailout? now they are trying to cash in on that with a hard-hitting new ad. the story and the fallout next. >> why was buying american important to you? >> i wasn't going to buy another car that was bailed out by our government. i was going to buy from a manufacturer standing on their own. just one phillips' colon health probiotic cap a day

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megyn: america's king of the road is getting ford tough with its rivals. an advertising campaign ripped the band-aid off an old wound. >> reporter: it looks like they are poke can that old wound with a fresh ad. ford is capitalizing on the fact that it was the on one of the big three automaker that didn't take bailout money. a regular car buyer who is suddenly thrust into a sea of reporters who are peppering that individualith questions. what makes this ad unique is it seems to slam not only the competitors but the administration that gave the bailout money. >> we are going to head on into the interview. >> reporter: why was buying american important to you? >> i wasn't going to buy from a manufacturer who was bailed out

by the government. winninwinning with lose or draw, that's what america is about, you have got to pick yourself up and go back to work. ford is that company for me. >> reporter: a ford spokesman says it's not an attack ad. chrysler and gm aren't touching this with a stick. one spokesman said this is a rough and tumble business and you have to roll with it. gm said it paid back loan but the government sill owens a 33% stake in the automaker. megyn: how is this likely to play with consumers? steve, thanks so much for being here. what do you make of it? >> i love the ad. i don't know about you, it makes me want to buy a ford truck or

mustang. i think it tugs at your patriotic heart strings. i hate the fact that chrysler and gm took government money. i think a lot of it has not been repaid and may never be repaid. i think the fact that ford went on their own, they turned down government money, was a patriotic thing to do. it was very pro taxpayer and i think it's great they are celebrating this. shame on the companies, banks or insurance companies or car companies that came to washington with tin cup in hand to take money from taxpayers. megyn: how much do these companies owe taxpayers? >> they didn't pay any interest on the quote loans. we know that. a lot of the money has not been row paid. i don't know the exact answer to your question. they were paid somewhere in the neighborhood of $70 billion tos-

to $80 billion. they are still between $5 billion and $10 billion that has not been repaid. the question is will they ever repay it. megyn: it's almost like a tea party ideology. we don't like bailouts. you rise and fall on your own merits. fall in you must. stand on your own two feet. even people who don't like the tea party, do you think that message resonates? >> i think it will. i think people have a sense fd was the company that came out of this whole economic turmoil the best. there is a feeling that the fact that they didn't have to dig into taxpayers' wallets was the correct thing to do. they were able to weather this terrible economic storm without taxpayer money. so i think it will -- for people who believe in the idea that -- of capitalism and free

enterprise. you don't have corporate welfare, i think it will tug at people's heart strings and get them into the showrooms. megyn: they claim the answer was unscripted. >> i love that. i don't know if that many true or not. when i give my speeches, i tell people, you want to do the patriotic thing, buy a ford. i always buy american. but you know what? my next car will be a ford. megyn: i drove a ford probe when i was in law school. it was hot. thanks, steve. wanted to offer this quick clarification on a story we did two days ago about the web site attack watch. a new web site launched by president obama's reelect campaign it's intended to be a place for supporters to report attacks on president obama's

record. conservatives have attacked it as big brother, and a big brother approach to tracking political enemies. at one point in our wednesday report we said the administration launched this. it was not the administration. it was produced by the president's reelection team. a high school senior and football player arrested and charged with rape. he's on bail. back in school and still playing football. the alleged victim's parents are outraged. "kelly's court" has the case. a 7th grader with autism brings an american flag to school only to have it taken away from him by school officials. >> they said it could be used as a weapon. i'm very proud of my country. you could see my clothing is united states themed. red, white and blue.

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megyn: now to the story of an american flag snatched away from a 7th grade autistic boy. it happened at a school in massachusetts. school officials say they were afraid the flag could be used as a weapon. it has a sharp point at top. but wait until you hear how much that flag meant to this particular boy and yes was carrying it in the first place. trace gallagher in our west coast bureau. report are's autistic. but he's a huge history but. he knows about the wars in iraq, afghanistan and vietnam. he was visiting the family of a soldier who was about to dough

ploy to afghanistan. the family was so struck by something sean told them that they gave him this flag. listen to sean's mom explain what he said to them. >> you don't have to die to be a hero in this country. all you have to do is serve. and she was so completely moved by my son and what he had said to her that she gave him the flag. >> reporter: so he put that flag in his backpack and proudly took it to school. but the school quickly tieblght away. not because of the flag, says the school, but because the stick the flag was attached to. here is the coprincipals explaining. >> this was a safety concern. it had to do with the size of the stick the flag was on. you can take the flag off the stick. at the moment we didn't realize

the value of it to him. >> reporter: you might imagine they are getting what will the of heat. sean set up a facebook page. he has gotten more than 100 followers. here is sean. listen. >> i'm very proud of my country. you can see my clothing is united states themed, red, white and blue. >> reporter: that is a young patriot. and you can believe he will have that flag back at school with him sans the stick. the school is not budge on that. megyn: one of our viewers writes in and said they were listening and got us upset describe this story about talking about the autistic boy. you wouldn't refer to a boy as a cancerous child. they prefer a child with autism. my apologies for that.

we overlook thing like that sometimes. thanks for writing in. we are taking any other emails. not all of our emails are as nice as kathy's. usual welcome to write whatever you want. he's a teenager, a football player and an accused rapist. if he has been charged, why is he still roaming the same school halls as girls the same age as the ones he allegedly raped. that's what the victim's parent are asking. is it political passion or extremism. critics of the tea party are using audience reaction to the gop debate to make a point. but is it fair? we debate, you decide after this break. ♪ when the things that you need ♪ ♪ come at just the right speed, that's logistics. ♪

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megyn: seattle will be the third city in the country to require paid sick leave for all employees. it will have a big impact on small business owners. seattle's mayor is launches an effort to cut regulations and make the city friendlier to business owners. >> reporter: one restaurant owner said sit would cost them $65,000 a year. with a tiny 3% prove it margin, how did they deal with it?

they cut staff and cut healthcare. it requires businesses with five emexplosive yeefs to provide five days of sick pay. and it come at a time when unemployment in seattle mirrors 9.1%. critics can't understand why the mayor says he wants to cut government regulations and then support an unfunded mandate to make it more expensive for businesses to hire workers or keep ones they have got. >> when you lay more costs on top. other benefits go away. >> reporter: there are some businesses that support sick pay. owners call it a public health issue and the right thing to do to keep workers happy and productive. at molly moves ice cream workers were given nine sick days. so far the 60 employees have

taken 25 hours in sick pay. in san francisco, they also require sick pay and workers average about 3 sick days a year. >> it may cost additional money. but on the other hand it's a benefit to have a more productive worker who is healthy and not sick. >> reporter: it calls for fines up to $10,000 to violators who inflict emotional suffering. the unions were able to opt out so they can use sick pay to get other things they want like higher pay. megyn: the wealth of americans is down for the first time in a year according to a federal reserve report. falling stocks and investments made many americans slightly poorer during the spring. the trend worsening this summer. corporations game wealthier holding $2 trillion at the end

of june. life and death. issues that the last two gop presidential debates getting lot of attention. but it's not necessarily because of what the candidates said, but because of how the audience reacted. texas congressman ron paul responding to this hypothetical question monday but listen as the crowd chimes in before he finishes. >> a healthy 30-year-old young man has a good job, makes a good living, but decides, i'm not going to spend $200 to $300 for health insurance because i'm healthy and don't need it. if something terrible happens. all after suddene needs it. who is going to pay for it if he goes into a coma? >> in a society where you accept

welfareism, he needs my advice would be to have a major medical policy he don't have it and he needs intensive care for six months. who pays. >> that is what freedom is all. taking your own risks. this whole idea that you have to take care of everybody. >> congressman, are you saying society should just let him die? [crowd shouts yes] megyn: that crowds response was drawn in compare to this crowd response. >> your state executed 234 death row inmates more than any other governor in modern times [applause] >> have you struggled to sleep at night with the idea that any one of those might have been innocents? >> no, sir, i never struggled with that at all. the state of texas has a very

thoughtful, a very clear process in place in which when someone commits the most lanou -- the ms of crimes, they get a fair hearing. they get an appellate process and you to the supreme court if that's required. in the state of texas, if you come into our state and you kill one of our children, you kill a police officer, you are involved with another crime and you kill one of our citizens, you will face the ultimate justice in the state of texas. that that is you will be executed. [applause] megyn: well, now critics are using those crowd reactions as examples of tea party extremism. is that fair? tea party express chairwoman amy kramer was in the audience at the cnn debate where ron paul

got that question. and mark aroun -- mark sawyer it as well. it was a cnn/tea party event. and people are saying the fact that some folks yelled out "yes, let him die," it's not what ron paul said, reflect an extremeism and lack of compassion on the part of the tea party. how do you respond? >> well, megyn, first all i would say the people that yelled those out were not tea party activists, they were hecklers. the tea party move 789 does not focus on the social issues whatsoever. when you are talking about capital punishment and then the question that wolf blitzer asked. you are talking about two different aspects. we don't go there. focusing on these issues is not going to turn the economy around or pay down or debt and deficit.

that's not what we are focused on. i have in the past couple days tried to find out who yelled that out because i want to know. it wasn't fair to the rest of the people in the audience. i can tell you when it happened we all turned around to look and identify how it was because we were appalled at that behavior. it was absolutely unacceptable. not only that, it was disrespectful. megyn: that many interesting to hear you say this. the tea party doesn't focus on issues like that. do you have a position on that? if you had to answer wolf blitzer's question, what would you say? >> i try really hard not to portray my views on the social issues, because then it becomes about me. and that's not way it's about. we are here to focus on the fiscal issues. people work on these other issues outside on their own time. but not here in the tea party movement. megyn: it's been used by a lot of folks this tweak points out

once again how tea party detractors feel the tea party is so extreme. you hear amy saying social issues aren't in their bailiwick. >> there are some things here. either the tea party is extreme or it's complete nonsense. but what we do with the uninsures is is a social issue is ridiculous. the tea party members are responding because we receive it as a fiscal issue. they see helping someone who might be uninsured is a deadbeat and they think they should die. that's fine, but don't act like it's a social issue like prayer in public school. it's a fiscal issue. i just love this back pedaling. they are doing my work for me. >> i'm not back pedestrian ago at all. it's not that we want to go out there and turn our backs on people that need help.

that's not it at all. we are all for helping the needy, people who fall down on their luck and go through hard times. the problem is when that safety net becomes a hammock and becomes a way of life. that what's we are against. when people truly need help we are all for it. in addition we are the most charitable country in the world. weir god at taking care of people and contributing to charities so charities can help people. so it's not that we have no compassion. that's not it at all. we are focused on the fiscal aspects of what is going on here in washington, d.c., and as i said. we are not going to let the social issues distract us. megyn: those who defend some of the audience members who were yelling, and we'll stwict ran paul thing for now. says there is a difference between a society that says, we are going to help the poor and we are going to help children and we'll help people who cannot afford health insurance and we'll do that because we are a

compassionate society. and somebody who has the money and chooses not to, to then rush in when he needs the state and say we'll give you the benefit of insurance you never bought just because we are that kind of society. and the argument people make is would we rush in to help a widow on her children for a man who didn't buy life insurance even though he could afford it? >> i do want to talk about the death penalty issue. but there is an issue here which is, look, there is a way around that. just like john mccain came to the conclusion, and the president came to the conclusion, you need an individual mandate that healthy people who have the money to pay for it need to carry insurance because it' the system. we depend on each other to contribute to a system that we all depend upon. i don't know if they want to call it a social issue.

megyn: the answer is the individual mandate. let me ask you about the death penalty thing. we looked up the statistics. nationally, 63% of american people favor the death penalty. and the moderator brian williams wanted to know how the candidates felt about people cheering when he mentioned the number of people ex cuted in texas. why do you think they did that? do you think it says something about republicans or the tea party? >> i think that people were -- i wasn't there i wasn't in that debate. but i think that the people were standing up for governor perry for following the law of his state. that is what the law is in the state of texas. and he hasn't gone in there and tried to change it because of his own beliefs with an executive order or put any cases on hold or anything. that's what we want. strong leaders who will follow the law on a state level and

federal level. we don't need leaders that stand there and change their mind or adjust their answer according to the way the political wind is blowing. >> when you defend the indefensible it looks foolish. it's one that not even the victims cheer. nobody should cheer for the government taking a life. megyn: thank you, appreciate the fair and balanced debate. coming up after the break. a young man accused of raping a young girl at a party who is walking free including on the football field and her parents are not happy. [ male announcer ] you love the taste of 2% milk. but think about your heart. 2% has over half the saturated fat of whole milk.

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megyn: "kelly's court" is back in session. on the docket, an accused rapist still in the huddle under friday night lights. charged with two counts of criminal sexual conduct facing 15 years behind bars for each

felony. a female acquaint tense says she fell asleep during a small party at a friend's house and woke to landis removing her clothes. she says he then pinned her down and raped her. then she was dragged into the woods and beat up for reporting that sexual assault. but landis is still in school and on the gridiron. >> when you are arrested and you have a $100,000 bond for two counts of third degree sexual conduct you should not be allowed to be around any juvenile female. megyn: that was the mother of the alleged victim. does she have a point? panel, this mother is outraged because dish want to make clear it appears the children don't go to school together. the girl goes to a neighboring

school. the accused goes to a different school. but the mother of the alleged victim is saying this school has no business setting this boy out among a class of school full of similarly aged girls, never mind out as a star on the football field. does she have a point? >> she has a good emotional argument but not so great legal argument. her best legal argument is this. the presumption of innocence applies in the courtroom, not in the classroom. even though this kid is enjoying his freedom because he is presumed innocent, she makes a point that this is a very serious crime's accused of and the school should err on the side of caution and keep him away regardless of his constitutional rights. megyn: the athletic code says student athletes must be in good standing with the laws of so sight. does she have an argument that he is not in good standing since

he has been charged with three felonies? >> no, because he hasn't been proved to have broken the law. the presumption of innocence goes beyond courtroom but goes into our schools. megyn: let me challenge you on this. you must be in good standing with the laws. they are not saying you can't have violated any. you must be in good standing with the laws. to be charged with a crime there is a standard 6 proof. you have to have probable cause for an arrest. so it's not like there is nothing again this guy. >> that true. but it's a stretch for the school to say because you have been charged we'll expel you and not let you come to school and play. duke lacrosse. those guys were charged, and that that case they were suspended and the coach got rid of the whole team for that season. and of course we know how that worked out. so i'm a mom, i'm a former prosecutor. i feel for this mother and the

potential victim here. but we can't do what happened in the duke lacrosse case all over again. megyn: if they kick this kid off the football team and suspend him from school they essentially ruined his life. that is your life when you are 16, 17 years old. that's what you do. she wants it all taken away from him before any tryer of fact has weighed in. after the break i'll let you tell us why she may be able to prevail on that argument.

megyn: rejoining me now, lis weihl and jonna spilbor. what argument can the mother make? would it be different if the alleged victim was in the school? >> she would have a much stronger argument in that case.

what it comes down to is it's not the school's desire to protect the defendant's right or be mindful of the victim's rights. what the school is trying to do is cover their own behinds. they don't want to have to pay this kid. but why can't they compromise and bench him? why can't the mother go to the courthouse and say put the kid on electronic monitoring and go to the school and say don't let him live his life as if he hasn't done anything because chances are he has done something. >> the problem with that is the court itself said, you are free to go. you are out on bail. they said no restrictions. megyn: $100,000 bail. >> but the court could have said and you can't play football and you canadian go back to school. but the court did nothing like that. so the court looked at all of the circumstances and said this guy is free to go and free to play baseball.

megyn: would this have been different if the girl were in the school with him? >> yes, that would have bench different because then you could have had the victim being you be duress or harassment. but she is not in the school. we have to deal with the facts as they are. that's what the judge looked at. how can the school go beyond what the court did? megyn: schools have their own policies on this. in the end it will come down to what this policy is. the mother says the girl tried to take her own life after this. lis and jonna, thanks very much. innocent until proven guilty is a standard we apply in court. in this school there is a different policy in place and it's are you in good standing with the law. the summit of this school district says that means have you been convicted of a crime. if that is the standard, then the school is right to let him

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selectquote. we shop. you save. >> who says lions cannot swim? the colombia women's swim team. go, lions. they're fit. smart. they love fox news. we love them. ladies, good luck. thank you for being here. it has been a pleasure. have a great weekend. "studio b" with >>shepard: -- with shepard smith starts now. >>shepard: and from tucson, arizona, the air force base is on lockdown and a pam will not tell us why that place is on lockdown. that's it from our sources including from our station in tucson. they hear from sources there could be a shooter on the base. people are being told to move away from their windows and huddle inside. the source says this is near a dert