was in trouble. trace gallagher has more from our west coast newsroom. trace, why this 1180? >> reporter: i'll tell you just like every other part of this investigation, that's what everyone wants to know. that's why they're calling this into question. when the cfo and ceo said they would testify, now they said they will under this investigative committee take the fifth, they'll not talk about this at all and the reason they won't talk about it is because of the fbi criminal investigation but remember, the fbi's criminal investigation into this matter began back on september 8th, but on september 10th, solyndra sent a message to congress people saying yes, in fact, those executives, the ceo and the cfo, would, in fact, testify voluntarily, and now, again, 180-degrees, saying they will not testify. now, just because the execs won't answer questions does not mean the investigative committee will not continue

to ask the same questions. here is the subcommittee chairman. listen: >> they said they would testify fully and openly and unfortunately now they've spoken to the ceo -- both the ceo and cfo are going to take the fifth, but that doesn't mean the questions that we have, we're not going to make public. the fact that they won't answer them, it's their legal right, we respect that, that's constitutional right, but we still have many questions that someone should answer, sometime soon. >> reporter: and despite not answering any of the questions, solyndra maintains it played by the rules during this whole loan process and is fully cooperating with this fbi investigation. you see them on september 8th, pulling all those boxes out of the solyndra headquarters up in northern california. it's still very unclear, ali, what the fbi is looking for and who they're targeting in this investigation. we know solyndra got a $535 million loan from the government, and despite warnings from both within the white house and the energy department, as well

as from an independent auditor saying that solyndra was in financial trouble, the loan not only was pushed through, but it was fast tracked. and now many republican congresspeople want to know exactly why that happened, and they'll begin finding out and asking questions on friday, bright and early. alisyn: trace, thank you very much for that background. we wondered what happens friday if the solyndra executives keep their lips sealed as they're now promising, is that the end of the congressional investigation? later this hour, fox news legal analyst peter johnson, jr. is going to join us on exactly what congress can do another fox news alert for you. this one with breaking news on the country's biggest bank, just about 15 minutes ago, the credit rating agency moody's announced that it was downgrading the debt held by bank of america. b of a has been hammered by investors in recent weeks, worried that the financial giant is overextended. fox business network's

ashley webster joins us live to help us sort through this news. ashley, what does this downgrade mean? >> >> reporter: the hits keep coming for bank of america. let's not forget, it wasn't that long ago that warren buffet and his investment company berkshire hathaway invested $5 billion into bank of america as a sign of good faith. as you say it is the country's biggest bank, but the concerns continue to mount about the capital that it has on its books, sufficient to cushion it and the mounting legal liabilities, certainly a problem, but moody's today downgrading bank of america's long term debt and short term debt, they say that part of this is because of a decrease in probability that the government would support the bank if needed. but they do go on to say that this does not reflect a weakening of the intrinsic credit quality of the bank of america and says that the bank has made significant progress in improving its capital and liquidity positions. but of course for the market's perspective, those words don't count much, a

downgrade on long material and short term debt for the bank, that means its share price coming under pressure, down more than 4 percent, 6.58 a share, down well over 50 percent since the beginning of the year. so the hits keep on coming, the bank, alisyn, recently had a shuffle if you'd like of the top management positions, two senior managers leaving, so it appears that every time they try and take a step forward, they take two back. alisyn: ashley, i'm straining my eyes to try to see the numbers behind you. is the market responding to this news? >> not too much, the market is off a little bit, down 57 points at this hour. we've had rough going, we continue to worry about europe and greece. as we can see we know that bank of america has problems, we know that their legal problems continue to mount with regard to the mortgage crises. of course, it was one of 17 banks that were sued by the federal housing authority for allegedly misleading people on the quality of those securities that were wrapped up into those mortgages. i think the market is taking this on board, not a huge

surprise, perhaps, but certainly, also hearing that moody's downgrading the long term debt of wells fargo and short term rating of citigroup, so moody's, today, really taking a close look at these banks. doesn't mean they're in huge trouble but it does send out a message that the condition and the state of the financial institutions in this country are under close review. alisyn: got t ashley webster, thank you very much. the breaking news on bank of america comes just one day after the world's top bankers issued new warnings about the global economy. international monetary fund, laying out some major concerns, saying the global financial system is more vulnerable than at any point since the 2008 crisis. they say european and u.s. markets are both in serious trouble, adding that if solutions are not reached soon, banks worldwide could be forced to take drastic measures. president obama talked about the global economic threat in lengthy remarks a the u.n. this morning but the big story there was what the president said about the

palestinians' push for statehood, he urged them to drop a requested u.n. vote and instead, seek private negotiations with israel. senior white house foreign affairs correspondent wendell goler is live in our new york newsroom. tell us the highlights from the speech >> reporter: the president said only negotiations with the israelis will resolve the issues of border, security, jerusalem and refugees, needed to create a palestinian state, he said u.n. recognition won't do that, and he urged palestinian president mahmoud abbas not to ask the security council for it as it plans to do on friday. a year after telling u.n. delegates they might recognize a new state of palestine in this week's session, if the israelis and palestinians did tough negotiations, president obama admitted it hadn't happened. >> i know that many are frustrated by the lack of progress. i assure you, so am i. but the question isn't the goal that we seek.

the question is how do we reach that goal. and i am convinced that there is no shortcut to the end of a conflict that has endured for decades. >> reporter: in a meeting with the president, israeli prime minister netanyahu called mr. obama's threat to veto the resolution a badge of honor and thanked him for wearing it, but u.s. and european officials fear a veto could launch another wave of palestinian violence and looking for ways to avoid it. french president nicolas sarkozy suggest they give a nonobserver status for the next year while they resume talks with the israelis, the u.s. can't stop an observance status because it doesn't go through the security council and there's no veto of assembly action, but it also means the palestinians wouldn't be able to bring u.n. action against israel. it's not much of a threat, alisyn. alisyn: wendell goler, thank you very much for explaining all that. so there are some shocking new polls today on

where president obama stands with the public. in just three minutes, see why these may present the biggest challenge yet for his reelection team. plus japan is still struggling to recover from that devastating earthquake and monstrous tsunami, now a high foon is bearing down on the damaged nuclear plant. what does that mean? >> an inin vite dollars guest. meet how kids got the scare of their lives one day. >> i never saw a bear before and i was, like, scared. >> i was a little scared, because it was so big.

alisyn: guess who's coming to dinner? in the case of one new jersey family, it's a 350-pound black bear, the wild animal feasting on a freshly disposed bag of garbage outside this home in randolph, homeowner joy wilson said she was quick to

call the police because her children were just moments away from coming home. >> i heard this crash, so i ran to the window and i saw this big black bear just lumbering across my deck. >> the police officers came and saw all the people on my driveway and said please, please, everyone go inside. that's a really big bear. he sent me inside, i told him the bus was coming, he said to escort the kids to their homes, off the bus. alisyn: we're happy to report that no one was hurt, including the bear. another bear attacked and killed a pony on a new jersey farm last week, animal control officer said he was able to chase this bear away by igling his keys good to know. some possibly serious new polling problems for president obama today. for a long time, the president has been a popular figure despite what people thought of his polices and

the rocky economic climate. but that may be no longer the case. in a new "washington post"-abc news poll, the president's popularity slipped under 50 percent for the first time since he was elected, at 47 percent, that's a drop of five points from when the same poll was taken back in april. plus, in the latest mcclatchy-marist poll, the president's rating sinking to 39 percent among registered voters, this, too, an all-time low for the the and -- for the president and a majority, 52 percent, disapprove of the job he's doing. ear for -- here for a fair and balanced debate, monica crowley and dan grestein of gothham ghost writers. great to talk to both of you. monica, for a long time people said i may not like his polices but i like president obama and this suggests the numbers have shifted. >> the personal popularity was incredibly strong, people liked barack obama,

people thought he was charismatic, they like his family, they thought he was a family guy, they want to have a beer with him if possible. the fact that the numbers have slid is significant because when you pair that with the job approval numbers which are anywhere between 39 and 43, depending upon the poll, when you pair those two things together this is a tough brew for this president. alisyn: and what happened this summer that made his popularity slip? >> i think his biggest problem all along, i sound like a broken record on this, people don't view him as strong. >> a strong leader. >> a strong leader. that's particularly the case on the economy. the economy has gotten worse, the public position perception has gotten worse, the most telling poll out today i would argue is not the presidential poll but about the economy, that gallup did, 80 percent of americans think we're now in a recession, the white house has been up until this point behaving differently. that disconnect i think has been wearing down people and sort of saying where have you been mr. president, and

that's the thick that i think would be much more troubling in this particular poll. alisyn: i want to show you munich more poll, the new marist poll, a question they asked was among independents and what it showed was major erosion among independents with 53 percent of them now saying they would definitely vote for someone else. they would not vote for president obama. can he win, monica, without those 53 percent of independents? >> he cannot. if those numbers stay the way they are, he's going to lose reelection next year. anything could happen, we're still over a year away from this election and now we're in politics -- and that's an eternity -- eternity in politics, the vast sea of independents, those are the folks he needs and if the economy doesn't turn around, as dan points out, then he is really sunk. with the personal popularity, which i think -- i agree with you, i think this is a perception that he is weak, that he is not a strong leader, and americans keep going over and over again, saying why do we keep hearing the same song and

dance from this president? why is he banging the same drum again, whether it's spending, whether it's high taxes, you name it, when clearly these things have not worked. that's edging out not only his job approval but his personal popularity. >> these numbers are happening in a vacuum. they're a reflection of a snapshot of what people feel about barack obama, about him, they're not a campaign poll. they're not a matchup between him and republicans. in the same poll, "the washington post"-abc news poll, the number of independents who said they had a favorable view of mitt romney and rick perry were both upside down and that's without people knowing much about them, without obama campaign spending a billion dollars to define these guys in a negative way, so we can't read too much into this, again, because it's not comparative. >> as monica says, a year is an eternity. so what does the president need to do to win back independent? >> by focusing on jobs. i disagree with monica, i don't think people are upset with the prescription, i

don't think they think he's made it a priority. we're going to have a contest next year about whose prescription is better, the way obama can win is not necessarily to convince him his are the best ideas but much better than the republicans'. >> the danger zone is right now because there is some ability for presidents during a campaign when they're running for reelection to change perception. but once perceptions are set in concrete, which i think may be happening now with this president, that he is too much of a big spender, that he's a high ta*ebgser, a wealth redistributor with omabacare and the rest, very unpopular policy, ali, if those perceptions are laid in concrete now it will be extremely difficult if not possible for him to change that perception. >> but those polices are unpopular with conservatives, the republicans are -- >> no, no no,. with the broad sloth of americans, including 65 percent of independents want omabacare repealed. >> but independents want to raise taxes on -- raise taxes on the wealthy. that's a popular position. the idea that the american people rejected these principles is not founded.

the challenge is going to be make them scare you the same way that president bush made john kerry scare you. >> we'll see what happens over the course of the next we're, monica, dan, thank you. >> thank you. alisyn: you can bet the president's handling of the economy as we've been talking about will get plenty of attention at tomorrow's gop debate in orlando, florida, hosted by fox news and google, bret baier will be the moderator, megyn kelly, chris wallace and shan i don't know bream will host our online version, youtube/fox news, it starts at 9:00 p.m. eastern, right here on fox. make saoeur you don't miss it. >> builders on the west coast have to worry about earthquakes, of course, and they also have to worry about being green, and now they have to worry about birds? see why a new round of rules is not exactly flying with the critics. >> top executives from solyndra are expected to appear at a capitol hill hearing on friday but what happens when they plead the giveth amendment and refuse to cooperate with congress?

answers on a scandal that is starting to threaten the white house is five minutes away. plus, a florida millionaire on trial for his wife's murder, today, key testimony about his wife's condition on the night of her death. will that convince the jury the shooting was accidental? we have a live report for you, next. >> alisyn: fox news alert

for you now, we're getting video in moments ago from the arrest of union workers in longview, washington. you remember this story, when a handful of protesters were blocking the railroad

tracks of the port of longview while handcuffed and hauled away by police officers. of course you may remember that earlier this month, protesters with the international long shore and warehouse union, well, they repeatedly blocked a train that was bringing grain into the terminal and police say that hundreds later stormed the terminal and damaged property, so some have now been arrested. in san francisco, we're hearing new concerns about new building rules. the city is trying to cut down on the number of bird deaths from hitting glass windows. it's going to require new buildings to use bird-safe glass. supporters say the plan could save millions of birds per year. millions of birds? we're actually going to doublecheck those numbers to make sure they're accurate. opponents call the plan bird-brained. it would double the cost of normal windows. architects say they could hurt energy efficiency.

new testimony is now underway in the murder trial of a florida millionaire, james robert ward is accused of shooting his 55-year-old wife diane in the face, back in 2009. ward claims the gun accidently went off, and that he was trying to wrestle it away from his wife during a suicide attempt. a firearms exert has since challenged that story. fox's steve harrigan is live with what the jurors heard this morning. what have we learned? >> reporter: alisyn, the defense starts its work today calling witnesses and they're going to have major hurdles to overcome, not only bob ward himself on the 911 call saying i shot my wife but devastating testimony by the medical examiner who calls the defense's claim that this was a single shot fired accidently during a time of struggle as pure fiction. >> there is no indication of suicide, there was no

reporting of any suicidal ideation, the distance is too far, we don't -- interrupted suicides are extremely rare, if tpha*upb existent. it's common in hollywood. >> >> reporter: alcohol and drugs did play a role in the event of diane ward's death two years ago, toxicology reports show that diane ward was legally drunk, there were broken wine glasses found at the scene and red wine and blood covered much of the room. her younger daughter testified yesterday that her mother was a heavy drinker and that at times, in particular when she was drinking red wine, she became abusive. the daughter, 21 years old, said at one point her mother now a suitcase at her while drunk on red wine. the defense is also trying to make the case that diane ward abused antidepressants, she had an treatmently high level of antidepressants in her blood on the night she died, they say those antidepressants made her

suicidal. back to you. alisyn: steve harrigan, thank you very much for the update. coming up, congress had hoped to learn more this friday about how a politically connected company got half a billion tax dollars, despite the fact that it was in serious trouble, but now they may not learn anything. our legal panel takes a look at new concerns in the solyndra solar company case, and why it could be a major headache for the president in 2012. plus, we'll show you why there are major fears now in japan as a typhoon barrels towards a nuclear plant crippled by this year's tsunami. >> after 20 years this man is headed for execution today, troy davis' supporters may still be fighting but the family of the man who is convicted of killing says this day could not come soon enough. >> give me some peace. like i said, there will never be any closure. i can't. because mark is gone, and that hole in my heart will be there until the day i die but it may give me some

peace and quiet. that is really what i would like to have.

alisyn: here's breaking news for you now, a massive typhoon in japan is bearing down on that nuclear plant that is still crippled from the tsunami last winter, the fukushima nuclear plant is now right in the typhoon's path. employees there are making a mad dash to cover up reactors and tie down loose

cables. while the winds have not blown any radiation around yet, as far as we know, people on the ground are preparing for anything. fox's trace gallagher is live in our west coast newsroom with the latest news. this is the last thing that nuclear plant needed >> reporter: unless they unleash locusts in this area ali, it is hard to imagine one part of the world being subjected just to so much calamity, now we're talking about the typhoon -- they're all the same thing but they're different regional names, the winds at last check were 126 miles per hour, top winds, and the wind are a major concern not just because of a potential for more damage to the fukushima power plant but also, to make sure the winds don't whip up more radiation in that plant. on top of the winds, you see the picture there, they are expecting torrential rain and severe flooding to last for several days which may cause more radioactive water to actually flow out into the sea.

now, they're in the process now of trying to cover up the holes of this damaged fukushima power plant, so that the waters don't get inside the power plant, but as you could imagine, it's hard enough to secure a fully operational power plant, much less a power plant that has been crippled by the earthquake and the tsunami. the authorities do not believe at this point in time that the cooling system is in any danger, so that's a good thing, that the reactor will not, again, overheat, but right now, the top priority is to keep the water out of this thing and to hope the winds do not stir up any more of that radiation. it's a bad scene, again, in the northern part of japan, ali. alisyn: trace, thank you. keep us posted on the typhoon there. we have another fox news alert for you because another bank is getting a warning now. we told you at the top of the hour hod moody's rating agency downgraded the debt for bank of america today and also issued new warnings

on wells fargo. moments ago we learned that citigroup also just had some of its debt downgraded, moody's cited a, quote, decreased probability that the u.s. government would support the bank if needed. wall street seems to be taking all of this in stride. we're down only about 25 points, right now, but we will keep watching this for you. all right. so we could be in for a big spectacle this friday on capitol hill, that's when top executives from the failed solar energy company so*ld indra say they will plead the fifth when they appear before a house panel. but will that alone close the door on what congress can do in order to find out how so*ld indra got half a billion dollars in stimulus dollars, despite a number of red flags? fox news legal analyst peter johnson, jr. joins us. do they know why they would do this 180? first the ceo and cfo said they would tell all and now they're pleading the fifth. >> and they have in a sense lawyered up and their lawyers are telling them you

must plead the giveth amendment at this point, and there's one statement, by one of the lawyers, that says well, don't infer anything, this is not an admission of guilt and it's not an admission of guilt when you take the fifth amendment but they're saying they're doing it out of an abundance of caution but it sends tremendous bells, -- bells, it sends tremendous signals, so as you point out, they are there voluntarily, they will be sworn n. and then they will invoke their fifth amendment rights. what we often usually see with gangland leaders, people on the outs with the law, so we have two business executives, now of those failed companies, that are going to congress, that will refuse to testify on the basis that the testimony might incriminate them with regard to their relationship with congress, the department of energy, and whether, in fact, there was any relationship at all with the department of energy and the obama white house in getting this so-called favored treatment.

alisyn: of course this within their legal right. >> yes. alisyn: however, it does lend an appearance that there's some there there. in fact, congressman fred upton asked today, what are they trying to hide. so how will congressional investigators get to the bottom of this if they don't talk? >> good question. congressional investigators will have the documents. there are several different investigations going on right now, including a department of justice investigation, into that company, and its operations. and what congress will be looking for, and what the department of justice will be looking for, is one person to come forward who they gave immunity to, meaning protection from prosecution to pill all of the beans, to say this is what happened on this date, this is what happened on that date, this is what happened on that date. now, it may turn out that it's all harmless, it may turn out that there was just negligence, that there

wasn't criminality, but if one person comes forward and says i'm going to tell you what happened, but at the same time, you need to protect me from any kind of indictment going forward, that may take the whole thing apart. alisyn: so their lawyers are suggesting they plead the fifth, right, to avoid self-incrimination here, because the fbi has now gone in and raided the company's headquarters. you're a lawyer. >> yes. alisyn: is this the type of thing that you always advise your clients? is this standard operating procedure, even if they're not guilty of anything? >> the congressional testimony would be the most wide ranging testimony possible. why was a solyndra-related person going to the white house. what is the relationship of mr. kaiser to this company. what were the negotiations with regard to the federal government walking away from the first position on repayment that they should have had under the legislation. the government should come first. was there favoritism, is

this crony capitalism. what do you know. when did you know it, and -- >> alisyn: but if they're not guilty, why not ask it? >> if they lie about one thing, then they face what mr. clemmons faced: perjury charges. there's something called obstructing congress. that is a federal charge. this is going to be a dramatic, dramatic session. it pinpoints the issues legally in a criminal sense but also, politically for the white house, because potentially, their testimony could be absolutely dynamite for the white house, absolute dynamite for this election, and give an inkling and glimpse into how these billions of dollars of contracts are being dispensed. maybe for hundreds of jobs created. alisyn: well sure. politically, their testimony could be inflammatory for the white house, but them also saying i plead the fifth, i'm not going to say anything, couldle be explosive for the white house. >> it's explosive.

andit not going to go away. the oversight committee is also looking at how all of these government contracts, all of these loans, have been let. i looked at just five loans, $9 billion -- >> alisyn: you mean of the stimulus. >> do you know how much that created? two hundred twenty-five jobs. alisyn: i can't do the math on the fly but that doesn't seem like a good bargaining. >> six, seven, $8 million a job. this is dramatic and this is going to continue, and the picture of these folks taking the fifth amendment is going to be ingrained in peoples' memories for a while, and it will stimulate even more investigations and ramp up the department of justice. they may need a special prosecutor in this before it's all over to see really what happened. alisyn: but it does sound like you're saying that they don't necessarily need all their testimony if they have these reames of documents. >> their testimony is helpful. in the end, they're hoping that someone will give it up in exchange for immunity. they don't need it at this point, but it would be

helpful. alisyn: sure. gotcha. peter johnson, thank you very much for explaining all that. it's been more than 24 hours since a report challenged president obama's claims that middle class families, some, pay a higher percentage of their income in taxes than some millionaires and billionaires. we'll show you what the white house is now saying in just three minutes. >> plus a 6-ton problem hanging over all of our heads, an aging satellite that's expected to come crashing down to aefrplt how fema is now preparing to respond to this. and while president obama talks middle east peace at the united nations, guess what's going on along the west bank? we have a live report for you, just minutes away.

alisyn: police are now filing charges against the man who climbed over the western gate of the white

house last night and ran directly towards officers who then, of course, ordered him to the ground. he's now in police custody and will be charged with unlawful entry, the area around the white house was briefly evacuated as a precaution no. word on the man's identity or why he chose to run across the white house lawn. it's nearly 48 hours later and still no effort from the white house to clarify the math used to announce the president's upcoming tax hike. we told you about the a.p. fact checking report which revealed that contrary to what the president said monday morning, the large majority of wealthy americans do pay a much higher percentage of their income than the middle class or the poor. this is according to the tax policy center, households making between 20-$30,000 a year, tph*edz, the lower end, well, they pay an average of 5.7% in federal taxes. salaries between 45-$50,000 pay on average 12.5%,

households making between 50-75,000 pay 15 percent. and those making more than $1 million pay on average 29.1% in federal taxes. so let's debate what the president was talking about here, christopher han is former aide to senator chuck schumer and chris plant is host of the chris plant radio show. hi gentlemen. >> how you doing? >> doing well. alisyn: christopher han, let me start with you, the a.p. crunched these tphurpblgs they say the data did not support what the president was talking about that millionaires get the big tax breaks and pay less than the milled class, so does the white house need to start clarify something. >> no. i think the a.p. reporter should have watched the speech or at least went back and read it before he wrote his article. the president was talking about 22,000 americans who make over a million dollars a year, who pay less than 15 percent of their income in federal taxes and that's a fact, and it's a fact the

president pointed out. the president was also talking about the 400 americans who make between -- who make over $270 million a year on average, who pay less than 18 percent of their income in taxes, when just 15 years ago, they were paying about 30 percent of their income in taxes, meanwhile their salaries have quadrupled or earnings have quadrupled at that time, they pay a lower rate and make four times as much. that just doesn't add up and something's got to give. alisyn: chris plant, does it add up? >> politically perhaps it adds up. we're talking about 400 people here in one square city block of new yorkers here and the president is waging warfare, because the president has nothing affirmative to run on, he's going nothing -- got nothing positive trun on. it's today the strategy. it's class warfare, so they've not something going there. they're appealing to the maximum number of people by

demonizing the small number of people. it's not about the math. you heard chris, it's a noble evident trying to dig ut obama administration out of this but it's nothing more than class warfare because they have nothing to -- nothing to run on. four hundred people won't change anything. ap ap -- alisyn: kreurbgs they found in the year 2009, the one they have most reference for, about 1500 families filed taxes with incomes above $1 million, yet they paid no federal income tax. to your point, that's 1500 families, so is that what the president was talking about, that 1 percent, less than 1 percent of the country, they're the ones paying this trillion dollars to help the decifit? >> alisyn, they're part of the 22,000 who are not paying their fair share. i value labor more than i value somebody moving numbers around. you know, the three of us are salaried employees, we pay our fair share of taxes. but there are people who make money by moving money

around, and they're not paying their fair share. the same people who caused this crisis, the people who let us down this -- led us down this hole are paying less taxes than the people working to get us out of it and that's not right and what is congress going to do with this plan, they're going to be like a bad amy winehouse song and say no-no no to everything the president says and it's time to wake you and say let's go, let's move forward. >> shouldn't warren buffet pay more in taxes? >> i think the irs should investigate warren buffet, if his secretary is paying -- he seems to be the one person in the country who makes that kind of money, second wealthiest man in the country and his secretary pays more. listen, this is not about solving our country's problems, this is about campaigning, you know, and also, a point of clarification, it's 1 percent of households that make over a million dollars that pay zero in taxes. alisyn: you're right, thank you for pointing that out. so it's even a smaller

margin of people. >> it is a minute, miniscule -- this is about politics, it's not about economic, it's class warfare. >> if it's class warfare, us in the middle class have been lose fog a long time and it's time to start fighting back. >> there you go, we're fighting back. >> chris, america is on my side, i'm sure you're getting calls about this. they're on our side here. 65 percent of independent voters are favoring this proposal to tax the people who make the most in this country more. they shouldn't be paying less than the guys who are working in the fields in this country, they should be paying less -- they shouldn't be paying less than the worker bees, the people who make money should pay more because they're causing the problem. alisyn: chris plant has a point, polls do suggest that many voters believe the richest among us should pay more. >> look, everybody on my side of the fence, and the calls i'm getting on my radio show don't go along with our school of thought there, chris, everybody believes that we should have a smarter, fairer tax

system, but i love, you know, pointing the finger at congress and republicans in congress. it's washington that created all these loopholes, it's corrupt on both sides of the aisle, mind you, that created this ludicrous tax code. we need a smarter, fairer tax code. everyone should pay their fair share, but this is puny, minute -- >> one last point, alisyn, when they're paying 25.9% of their income in taxes this country had a 5.5% unemployment rate. now, they're paying 18 percent, and we've got a # .2. so there's something wrong with that. it directly correlates. >> one final word, the real problem is spending. we're spending $3.5 trillion we're taking in $2 trillion. i think that's kind of the core of the problem. >> i'm with you, chris, we've got to fix them both. alisyn: chris han, chris plante, thank you for the debate. >> the tax topic will get plenty of attention at the gop debate, hosted by fox

news and google, bret baier will be moderator, ph*elg -- megyn kelly and chris wallace will be on the panel, and shannon bream online. it starts at 9:00 p.m. eastern on fox. don't miss it. do you know the muffin stphapb i think frank zappa asked that. turns out he lives in d.c. and charges 16 bucks a pop for a muffin! later in the show, we'll tell you about major food budget issues at the u.s. justice department. and while president obama was addressing the united nations, guess what was going on in the west end? we're going to take you to the front lines of some very serious protests, next.

alisyn: we have an update

now on that story we told you about earlier, about these new building rules in san francisco. the city is trying to cut down on the number of bird deaths from hitting glass windows. so it is going to require new buildings to use bird-safe glass. supporters say the plan could save millions of birds per year. well, millions sounded like a lot to us, so we just went back and did the math. if there were hypothetically 2 million bird deaths in san francisco in a single year, that would mean 5400 birds a day falling out of the sky. sounds like something alfred hitchcock would do. the fish and game department says there is no way to confirm the exact number. well, while president obama was talking middle east peace at the u.n. general assembly palestinian protestors took to the streets in the west bank, thousands cheering and waving palestinian flags, others, though, set fire to the stars and stripes and

clashed with israeli soldiers, all of this as palestinian president tries to have the u.n. recognized in independent -- an independent state for his people. leland vitter has the latest from our jerusalem bureau. >> reporter: the palestinian president certainly has asked for calm and he has asked for peaceful protests, ali, but not only did we see folks who were not very happy on the streets today, we also saw a whole lot of anger. >> in ramallah's town square, two american flags burned to cheers and jeers from the crowd. that was the exception during a 10,000 person protest rally celebration that resem bled a street party of sorts with kids let out of school to celebrate the coming u.n. vote. ten minutes down the road, their jubilation turned to anger. >> you get a sense of where the battle lines are, you see the palestinians throwing rockings at the israeli soldiers. these guys just got another bottle coming in, more rocks coming in, and these guys

are the front line with the rubber bullets as they try to ache aim at whoever is throwing these rocks back at them. we also see that the israelis have been responding with tear gas. israeli soldiers have now decided to take charge to try to capture palestinians. we're going to go ahead and run with them as we go out here. this is what the palestinians used that the soldiers have been able to grab. they run up into the crowds, it's a pretty risky situation, they actually have to head in past the checkpoints, past the front lines, to bring these guys out. they'll be arrested, detained, questioned, and then they'll try to figure out what to do with them. >> reporter: alisyn, in the middle east, it is very easy for wars to start and the number of people we talked to say that promised u.s. veto in the u.n. could certainly -- >> [interruption] chronologically i'm sixty years old.

is it the new forty, i don't know. i probably feel about thirty. how is it that we don't act our age [ marcie ] you keep us young. [ kurt ] we were having too much fun we weren't thinking about a will at that time. we have responsibilities to the kids and ourselves. we're the vargos and we created our wills on legalzoom. finally. [ laughter [ sharo ] we created legalzoom to help you take care of the ones you love. go to legalzoom.com today and complete your will in minutes. at legalzoom.com we put the law on your side. and complete your will in minutes. my grocery bill isn't wasteful spending. my heart medication isn't some political game. our retirement isn't a simple budget line item. i worked hard. i paid into my medicare. and i earned my social security.

now, instead of cutting waste and loopholes, washington wants to cut our benefits. that wasn't the agreement. join the members of aarp and tell washington to stop cuts to our medicare and social security benefits. [ horn honks ] ♪ oh, those were the best of days ♪ ♪ i still feel the summer rays ♪ that graced our backs as we went down the lane ♪ [ horn honks ] [ male announcer ] when your car is more than just a car to you, the right surance matts. are you getting the coverage options you need and the discounts you deserve? for an agent or quote, call 800-my-coverage or visit travelers.com. alisyn: a fox news alert. counting down to a controversial excuse amid a swarm of appeals.

troy davis is set to die by lethal injection in just five hours. 7:00 p.m. eastern time. he's convicted of killing an offduty police officer in savannah, georgia, as the officer rushed to help a homeless man as he was being attacked. defense attorneys insist davis was the victim of mistaken identity. claiming ballistics evidence was flawed. >> can the state of georgia make sure it does not have an innocent man facing death on wednesday? >> to execute a man with this much doubt does not bode well for any of us. >> i'm getting old. i like to enjoy my last years in comfort and peace. i don't want to go through this for the rest of my life. alisyn: elizabeth cran is live

in georgia. any chance of clemency. >> the defense team for troy davis filed a stay of excuse with the butt superior court. however, keep in mind there has been three granted stays over the past four years. also he didn't prove his innocence last year during a rare supreme court evidentiary hearing. keep in mind he had a last minute polygraph request which was denied by the department of corrections and the board just hours ago. even the governor of georgia does not have veto powers in this instance. troy davis has sparked an international debate about race and capital punishment. we have seen protests at the capital here in georgia, and bus loads of people are being take to the prison where we see rallies that are taking place. here is what some of those protesters have been saying. take a listen.

>> it not on highlights the death penalty but hopefully will be part of bringing the death penalty to an end in georgia. >> if you refuse to participate you make it that much harder for this execution to be carried out. eachen every one of you are human beings with the to refuse. >> reporter: i want to talk about the racial conflict especially on social media. according to amnesty international, 77 per of people he can cuted since 197d -- 77% of people executed since 1976 have been white. alisyn: the officer rushed to help a homelessman who was being pistol whipped in a parking lot. that's when davis shot and killed him. he was 27 years old with two

children. one of those children, his daughter madison will join us live minutes away on "america live." another fox news alert. mexico's attorney general now saying the begun-running scandal is responsible for 200 murder south of the border. according to california republican darrell issa who head the oversight committee, the committee investigating whether anyone from the justice department is involved if that large coverup. meanwhile we are learning brand-new details about a rumored coverup. fox news has obtained exclusive interviews with an atf agent turned whistleblower. tell us everything, william? >> we are hearing from the gun store that was recruited by the government to sell the weapons to the cartels. and we have two hours of audiotapes that we obtained that

basically were done by the gun store and it shows the atf and that owner were in a panic after their weapons were found at the murder scene of border agent brian terry. >> he many the biggest snitch ever in this industry or i'm working for you. >> reporter: that's the owner of the lone wolf gun store speaking to the atf agent. he secretly taped mcalister after being convinced the atf lied to him about stopping the guns he sold before they reached the drug cartels have you * he was acting under the direct supervision of the department of justice and atf. he those was making a difference and these people were being arrested and there would be indictments and prosecutions. >> reporter: howard's lawyer shows lone wolf sold 1,000 weapons to suspected straw

buyers. including those used to kill border agent brian terry. >> brian terry's death brought a tremendous amount of regret and sorrow. and disappointment, disgust. >> the whistleblower agent speaking out for the first time after mcalister disparaged his family at one of the recordings. they found three games at terry's murder scene, not two as the agency claims. >> three weapons. >> reporter: the lawyer says howard was set up as the fall guy by atf cheer bill knew. -- atf chief bill knew. >> he those was helping the good guys. he had no idea those guns were going to crime scenes in the u.s. and mexico. >> reporter: the lead atf agent implicates the fbi in fast

and furious. what he is alluding to is that the fbi had a confidential informant providing money to purchase these guns. it's something they knew, but refused to admit. we asked them, they won't talk about it. say it's under investigation. as for the three guns, two guns. the fbi says there was confusion at the scene. one of their agents mixed up one type of weapon with another. others believe there are documents as well as the testimony or at least the conversation of this agent that say there are three guns there, not two. it's a big deal because if they are concealing evidence, that's something the congressman is trying to get at and the fbi has not revealed it to them. that's where we are on that. later day we are expecting information coming out of washington regarding these tapes that were given to the targets of the investigation and that may be complicating or obstructing the congressional

investigation. allison? alisyn: we know you have been all over this story from the beginning so thanks for the latest update. president obama asking palestinian president mahmoud abbas to drop his bid for independent statehood. abbas has just respond and washington won't like this. the end of a hellish two-year saga for two americans detained in iran. and officer mark mcfal's daughter in hiding. but after the break madison will joins live by phone counting down to long-awaited justice. >> we know what the truth is. and for someone to ludicrously say that he is a victim, we are victims. >> my father did not get a chance. he was taken to from us too soon, too early. there was no one there to

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alisyn: a fox news alert. we are learning more from the two american hikers jailed in iran for two years. we are hearing them as they finally head home. josh fattal and shane bauer released from prison. they are on a plane headed for the gulf nation of aman where their families are waiting to greet them. their families are saying today can only be described as the best days of our lives. we have waited 26 months for this moment. the young men were arrested along the iran-iraq border in july 2009. they were convicted as spies.

>> not just my far it was taken. but the future we would have had together was taken from us. >> we are victims. look at us. we put up with this stuff for 22 years. it's time for justice today. >> my father was a victim. my father did not get a chance. he was taken from us too soon. alisyn: that was the family of a murdered police officer. they are in hiding as the man who killed him inches closer to execution. troy davis is set to die by lethal injection at 7:00 p.m. this evening. he's convicted of killing an offduty police officer in 1979. the officer was rushing to help a homeless man who was being attacked. madison, thanks so much for joining us.

madison, how are you feeling now less than five hours away from the time that the lethal injection is scheduled? >> my feeling is very hopeful. we waited a long time for this day to come. and we are just ready to see the end of all this. alisyn: you were a baby when your father was murdered. tell us what you think has been stolen from you these past 22 years. >> gosh, i mean, not only the fact of growing up without a father was stolen from me. that's a given. just not having him there. like i told the pardon and parole board monday, a future was taken from me. not only did we miss out on him during our childhood. but he will never see us grow up and for me he will never be

there to walk me count aisle on my wedding day. and we won't share that father daughter dance. and he won't thereby to see my brother and grandchildren. he will never get to experience those things. alisyn: i can hear the loss in your voice. many activist groups have been fighting for clemency for the man convicted of the murder. troy davis. there are protests in london, paris and even here at home. do you think it is a possibility he will be grants clemency in the next five hours. >> i do not. i believe that all of the facts are out there. they have been reviewed by every court multiple times and this will be the end. alisyn: the people supporting troy davis' bid for clemency say there was never any blood or dna evidence found at scene. they say the gun was never found. should versus versus do more

homework before troy davis is put to death? >> the investigators did their homework. they interviewed those witnesses multiple times. they got the facts and they got them right the first time. they have all the information that clearly shows that troy davis was the man who did this. and it's been back and forth between the courts for 22 years. and in all that time none of them have found anything different than what was originally found at that first trial. so the true and correct facts are already out there. alisyn: if troy davis is put to death tonight what will your day be like tomorrow? >> it will be a day of relief. as sad as that sounds, i know. but it brings closure that i know that i am not going to get a phone call in six months that says we have to come back and repeat this circus all over again. all that does is take those

wounds that are trying to heal and open them back up and leave them raw and bleeding. alisyn: we certainly understand you wanting to put this behind you and move forward. as you said, try to get some closure after losing your father 22 years ago. madison, thank you so as much for joining us at this tense time and we'll wait the see what happens at 7:00 p.m. eastern. thank you. another fox news alert. we have dramatic footage coming in from syria hours after president obama called on the u.n. to do something about this nightmare now. we are going to be talking live with the u.s. ambassador in damascus in three minutes. this picture shows the vintage world war ii plane moments before it crashed into spectators during an air race in reno, nevada. yesterday we showed you -- w

told you about a dramatic theory about what went wrong, and today we are learning even more. five minutes away from that. >> you have got a pilot laying on his back on the parachute. he has got the pick? his hand and the back to the right. he's trying to pull himself forward. but the air plan -- the airplane climbs, does a roll and it falls out of the sky. it's just like a brick falling right out of the sky.

alisyn: as the violent crackdown on protesters rages are on in

syria. we just got in with amateur video reportedly showing security forces opening fire on students rallying against president assad. the protests began in march and the u.n. says since then 2,600 people have been killed. the new ambassador to syria is taking a tough stance that includes court the opposition and using facebook to publicly denounce assad's brutal crackdown. mr. ambassador, thanks for joining us via skype from damascus. since taking your post, you have have rewritten the play book and being a diplomat. you have taken a much harder line again the assad regime. you have criticized it. you challenged the government. can you describe your approach to us?

>> the president of the united states and secretary clinton both have insisted promoting a peaceful democratic system in syria is what our national interest is, and the american embassy and i myself are working hard to help facilitate a democratic transition. that transition must begin with the syrian government stopping this brutal oppression. alisyn: by criticizing the government, by working with the opposition, you are hoping to have a peaceful transition that assad would step down. is that likely? >> the president has said and the secretary of state have said that president assad has lost his legitimacy and he should step aside so other syrians can begin the democratic transition process. one of the things we would like to see is for the syrian

opposition to unify its ranks and present a transition plan that other syrians can gather around and support. our job in a sense in damascus is both to encourage the opposition to prevent the viable alternative and at the same time to bear witness to the brutality that syrians are experiencing every day. we just showed a youtube video. that kind of tragic event is happening multiple times every day here. alisyn: to that end, one of the things you did was you visited the city of hamas and in a show of support for the protesters, then you posted a note about that on facebook. and after that pro assad loyalists attacked the u.s. embassy. does that make you rethink your strategy?

>> absolutely not. the protesters that we visited in hamas have been peaceful. and i said at the beginning of reply remarks that we support a peaceful democratic transition. this violence is coming almost entirely from the syrian government. i went to hamas first to be sure that there were not armed gangs like the syrian government claimed there were. and i saw no armed gangs. then i underlines the two protesters and underlined to all syrians that we support the right of syrians to free expression without getting arrested and we support the right of syrians to demonstrate, to march peacefully in the streets. these are things tbhee the united states take for granted, and syrians wants the same right. alisyn: last, many foreign analysts think that iran is the

public the eastwardd -- -- think that iran is the puppeteer behind syria. >> i think iran is helping the syrians. but the syrian government itself has to take responsibility for the actions that its forces are undertaking and the syrian government has to take responsibility for the shootings and arrests, for the torture. for the people who died in custody under torture. you can't just blame iraq. the syrian government itself has to take responsibility. alisyn: mr. ambassador, thank you so much for joining us today and best of luck in your endeavor over there. president obama laying out his opposition to a palestinian bid for statehood. but is palestinian president

mahmoud abbas listening? here is an odd couple. nasa teaming up with fema trying to figure out how to deal with a 6-ton satellite falling out of the sky less than 48 hours from now. a crazy report calling out the justice department for sending $16 -- spending $16 per muffin at a recent conference. no one could find a donut shop with thousands of people on staff in we have a live report next. w [ male announcer ] to the 5:00 a.m. scholar.

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alisyn: the department of justice shelling out big bucks for muffins and meatballs. $16 per muffin? new york don't even have those choices. >> reporter: it's a serious subject. what's strike is the excessive spending was made after the justice department was warned its conference and event planner were paying outrageous costs for the catering. events where cookies and brownies cost $10 apiece. at one breakfast event muffins were $16 apiece. one swedish meatball was $5

apiece. citizens for government waste say this out of control spending is part of a larger culture problem. >> there is a lack of accountability because people who engage in these practices don't suffer any consequences. they will probably get the same raise as every other federal worker. it's unlikely they will be fired. it's the culture at the top of an agency that allows these decisions to be made. they don't require the accountability and they don't have snuff oversight and they don't follow the rules on many occasions. >> before this report was released the department took some steps to reduce the waste at these conferences. then they blamed the bush administration. the conferences that were the subject of the off of inspector general were planned and held mountain last administration when there were no strict limit on food and beverage costs.

the justice department investigators out lined two conference. the first nine months of the obama administration pant total for those then conferences was $4.4 million. alisyn: it's laughable because it's absurd. >> reporter: too bad it got so political, too. alisyn: thanks so much. we have new reaction from the palestinians to president obama's speech at the u.n. a palestinian negotiator says president abbas will not drop his bid for full u.n. membership for a state of palestine, even though president obama called that move a shortcut. he says peace cannot be imposed. >> peace will not come through statement and resolutions through the united nations. if it were that easy it would have been accomplished by now. ultimately it is the israelies and palestinians who must live

side by side. us matily. >> the israelis and the palestinians must reach agreement on the issues that divide them. alisyn: thanks so as much for being here. the president wrapped up his speech a few hours ago. what did you think of president obama's comments? >> a good speech, too little too late. he created high expectations among the palestinians. now they are being told to negotiate with israel. they think we have everything we wanted so far. the -- you can't receive $500 million of american taxpayers money ... alisyn: you say it's too little too late. president obama declared his

opposition to palestinian statehood. what more would you like him to say. >> make it clear to the pal continue januarys, if you go against the u.s. and the u.n. tomorrow morning we'll stop funding for the palestinian authority. you can't come to us and ask for support and at the same time go with the hamas, go with the extreme radical forces. if you want to negotiate we'll sponsor the negotiations. but don't come to the u.n., do whatever you want, then take our money and our support for the future. alisyn: you heard our breaking news, the palestinians say the president's speech doesn't change anything. they will move ahead with their width to statehood. what's going to happen? >> instead of taking care of their own people they think about the headlines. they think about what will happen in the u.n. friday. they should come back to the negotiation table.

if they will go ahead i hope it will not pass. but if it will pass, nobody will actually recognize that state. do not change the life on the ground. we'll have a lot of support for small countries. but we'll make sure that on ought ground they will stay the same. maybe even to apply the jewish community. we cannot standstill when they are breach can the agreement the way they are doing it. alisyn: the president called for the palestinian to continue to push for these talks. but there are major sticking point. what can happen next? >> we should talk to one each other. the palestinians came to the u.s. they got a lot of support from president obama. he got in jerusalem, the palestinian state. right of return. now when he's telling them go back to the negotiations he says why should we?

you already agreed to everything we want. why should we go back to the negotiations. alisyn: about an hour ago prime minister netanyahu came out in a joint appearance with president obama and praised what the president had to say at the u.n. he seems to be in favor of what the president's approach is. >> we want negotiations. we want to achieve. but i'll repeat. i think hearing the president telling us to go back to negotiate. but we should understand you cannot impose peace on the israelis. it must come through a dialogue of negotiations. alisyn: thank you so much for being here. >> thank you. alisyn: new developments to an update we first brought you yesterday on "america live." this horrifying photograph shows

the plane moment before it crashed at the air show air race in reno, nevada. you cannot see the pilot in this photo. win expert suggested the pilot may have become dislodged in the cockpit and a broken seat could be to blame. 10 people died. 70 other were injured this disaster. trace gallagher picks up the story from our west coast newsroom. >> reporter: what happened the second before the crash. was it mechanical failure in that picture you just showed, the one we just showed yesterday got a lot of attention. it looks like in the cockpit you cannot see the pilot. he's not visible. so the theory is the seat failed, the pilot fell back and could not reach the controls. another aviation expert weighed in. let's go on now. this is a picture of him on the tarmac before he took off.

you can see in the circle that his helmet is in there and it's behind the seem in the come pit. let's go on. this picture taken seconds before the crash. we highlighted what is clearly a helmet. you can see the helmet. but it's well in front of that seem where the cockpit closes. the her toy is he's slumped over the controls. this is the key point. this is the trim section. it's broken. you can see it busted off. the theory was the plane was going some 400 miles per hour. the plane shot up like a rock it into the sky and the geforce might have doubled. that put a great deal of pressure on the pilot. he may have blacked out or worse. listen. >> the he will ray for could have caused a g-load instantly.

for anyone, not just a man of mr. leeward's age, it could have caused him to black out or pass out. it goes to 150 pounds all of a sudden it could snap 0 one's neck if they are not prepared for that. >> reporter: imagine if you will that your helmet is suddenly 150 pounds because of the g-forces. our aviation experts say this plane did not stall. this plane wound over. it turned and went into the crowd full throttle upwards of 400-plus miles per hour. which gives you an indication why that crater in the stands was so deep. the ntsb has not weighed in on this, but these theories are all being looked at as this investigation takes one step closer to some answers. alisyn: just incredible to have such close up pictures of what was going on inside the cockpit.

trace gallagher, thanks so as much. a trip to the drive-thru ends with felony charges. what this guy is accused of doing when taco bell forgot his hot dog. it went into orbit in 1991 and it falls back to in the next 48 hours. we'll show what you nasa and fema are doing to get ready. ♪ [ male announcer ] when it comes to saving energy, we're off to a good start. but now it'time to go to the next level. so let's do a little detective work. pick up what we need. roll out... caulk...and install. and pretty soon, we're seeing the fruits of our labor

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plus you can keep your own doctor and hospital that accepts medicare. and best of all, these plans are... the only medicare supplement plans endorsed by aarp. when they told me these plans were endorsed by aarp... 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. alisyn: here are new developments on a story out of this world. fema is involved in preparation for aasa satellite set to plunge tbeerkte.

it's supposed to break up when it reentered the earth's atmosphere. several pieces of debris weighing 700 pounds could crash into the planet. the chief astronomer for the franklin institute. dr. fitz, thanks for joining us. this satellite is apparently going to turn into a firey ball and plunge to earth friday maybe even tomorrow. i'm no expert but that sounds like a problem. >> this is not the first time this has happened. this object is 6 tons in weight. there have been larger objects. the mir space station weighed 143 tons. skylab in 1979 weighs 8 tons. so this is not all that heavy. i suggest rather than a titanium helmet, i think an aluminum foil

hat is more in order alisyn: i know we are making light of it. but fema has dust off its emergency response plan for this in case this 300-pound piece of this satellite falls into a city or some sort of populated area. what is the plan for that scenario? >> it's great to have a good plan in minds. but 4/of the earth's surface is covered with water and the other 25%, most of it is pretty empty of population because most of the populationings of the world live along coastlines. so that reduces the possibilities of getting struck. but you cannot say with absolute certainly that no one can be impacted by this. it's just that the chance is very slim alisyn: it sounds like you are saying the best plan is crossing our fingers. >> never before has a piece of

space debris come down and struck someone or fallen in a large urban area. alisyn: i saw this graphic today and we'll show it to our viewers of all of the space junk that is floating around above our heads. so why is this one particular piece so much more threatening? >> because it was launched in 1991. so it's been in orbit for a long time. it was decommissioned in 2005. like every other object up there, what goes up must come down eventually. it's time for this one now. we know so much more now and have access to information and can let so many people know, it becomes an inning object for people to take note of. those folks who might be able to see this whatever portion of the it comes down over will have a nice sky show. alisyn: what will you be doing?

>> i'm in my basement with my titanium helmet on. just kidding. my aluminum foil hat will be fine. alisyn: thank you for your expertise. you made me feel better about a 300-pound item hurling towards earth. >> just duck. alisyn: that is my plan. you can track the course of this giants satellite in realtime. you will find a neat feature that pin points the satellite's exact location. it's been a pivotal time for the white house. the folks who wants to be president taking center stage in florida. plus he spent about 15 minutes under water and survived. a major milestone for that young boy who cheated death. >> there have been moments of great despair when we honestly

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alisyn: we want to take a quick glimpse inside the clinton global initiative where president obama is speak. you can see there at the podium. the president is the keynote speaker for today's session on sustainable consumption. world leaders are discussing ways to meet the growing demand for limited resource. former president bill clinton made news there earlier today by saying now is not the time to raise taxes. you can watch all of this streaming live on foxnews.com.

first this little boy defies death, now he's headed home. a state boy's trip to the beach turned tragic when he was sucked out to sea which a rip current. but he survived after being unwater for almost 15 minutes. his mother says she is certain he will bounce back. >> he's not 100% ease was august 4. but i belief that he will be back. i believe he will recover philly. alisyn: the therapists will continue to help dale at home with his recovery. so the sunshine state taking center stage in the battle for the republican presidential nomination. governor rick perry and mitt romney the two frontrunners in the race preparing for th the fx

news google debate. shannon breen is live in orlando. tell us about the preparations, shannon. >> reporter: it's interesting. in 2008 then senator barack obama won over the state's independent voters. 52 pe52 per of them decided to e for obama. but now that same block is questioning the president's job performance. given the makeup of the state's registered voters that group will have a lot of power to influence the 2012 election. 23 per have chosen not to register with either party. many who voted for president obama in 2008 are rethinking

that. >> the democrats that vote for barack obama in 2008 and independen who voted for barack obama in 2008 aren't feeling as excited about his campaign and candidacy as they did 2 1/2 years ago. >> reporter: we talked to voters to find out how they are feeling this time around. they all expressed a bit of disappointment that he hasn't been able to get more done. some of them say it's enough to drive them to consider voting for the gop nominee. but others say he inherited a mess from president obama and now the gop dominated house is block him at every turn. so they say for them they want to give him a second chance and her going to vote to give him a second term. alisyn? alisyn: shannon, we'll be watching you down there tomorrow, thanks so as much for the update. we are now just one day away from the fox news google debate.

bret baier will be the moderator. chris wallace, shannon breen and megyn kelly will be on the panel. plus there will be questions submitted by you. the debate will be live across all platforms. fox news channel, foxnews.com. youtube.com. fox news mobile, fox news radio. you can't avoid it basically is my point. the feds are calling this a global ponzi scheme. the latest on how this been down next.

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by a creek, surrounded by dense brush. >> very difficult to get into the stream and we worked for half an hour crawling through the brush and stuff and, then, went away the corner and in the creek bed and found our subject down there in the creek bed. >> we are told by paramedics that treated the woman for just moderate injuries. good dog. that does it for me today. thank you for watching. and "studio b" with shephard smith started right now. >>shepard: the news begins anew, on "studio b." in box one, disturbing evidence not home invasion trial in connecticut as prosecutors show the jury the graphic images of the woman and two daughters killed. we hear more from the cops who responded to the scene and a live report coming up. this box number two, as world leaders gather for a