jenna: hi, everybody, anee lab braaneean elaborat terror plot. jon: they say ferduz a 26-year-old with a civics degree arrested in massachusetts yesterday. undercover agents busting him as he waited for deliveries of what he thought were grenades, machine guns and explosives according to police. jenna: he's suspected of planning to pack remote control planes with explosives and crash them into targets using gps and fire on survivors as they ran from the buildings. there is a lot to this. his neighbors as you can imagine are completely flabbergasted. >> it's scary that normal people

want to do these things, i shouldn't say normal, you just don't know who wants to do these things, assuming that what they say is correct. that is what is troubling. >> absolutely shocked. one of the most exciting things here is to see a squirrel cross the street. jon: at no time was anyone in any danger says the feds because they had the suspect under surveillance. let's talk with michael balboni a former homeland security adviser for new york state. you said there is good news and bad news to this arrest, yes they got the guy but it takes a present amount of man-hours just to keep a guy like this under surveillance. >> that is really the story here. we are ten years after 9/11, we are really suffering from security fatigue, threat fatigue. though, certainly the threats have shifted to a domestic threat, in this case a united states citizen, who has all the intention and the malice to try

to perpetrate these attacks, this is one individual who has now worked with f.b.i. officials in a sting operation. this takes a lot of surveillance, it takes a lot of man power, and the question becomes, how long can you sustain this? how long can you keep finding these people and who is out there that we don't know? jon: i was reading a little bit about his background. no criminal backed to speak of according to police except for a high school prank that went a little too far. how does a guy like that grow up in this country and apparently by reading the internet become inspired to commit jihad? >> this is what we're seeing unfortunately more and more of, inspired but not instructed individuals who suddenly decide, the light switch goes on for them and they decide they are going to take active steps and participation. this is really a problem for law enforcement security officials. how do you pick these guys up? on the good side, of course, is

if you have not had the military training, if you've not gone to pakistan or north africa and actually learned how to do these things like the 9/11 hijackers thaepb your trade craft is really substandard and you're much more susceptible to being found and stopped. jon: he was supposedly going to use these model aircrafts. they have a wingspan of maybe five, six feet. he was supposedly planning to use them to try to fly into the dome of the capitol building, fly into the pentagon and use high-powered explosives, c-4 or something like that to detonate bombs. is that even realistic? >> no, if you take a look obviously at the damage that was done during the 9/11 attacks on the passenger you realize how much force and power you have to have in order to bring down part of that building. certainly if thise this plot were to gone forward could he

have caused tremendous fear and trepidation? sure. what was chilling was his desire to set up a sniper ambush. if you attack the building as people were leaning in panic, to take them out as they came out that is chilling and that possibly could be effective. we saw that in mumbai, india a couple years ago when they used explosives and what they call active shooters to take out civilians. that more and more has become a concern for law enforcement, security officials that that is going to be the method of choice for the folks who want to attack us. jon: we have stopped another. let's hope we can stop the next one. michael babaloni. >> thanks, jon. jenna: there you see it fox news is america's election headquarters. happening now a major battle is on over the calendar for the republican primaries. florida and south carolina in a dual over dates, all over when

republican voters get to choose whom they want to run for president in 2012. south carolina was going to announce when their primary would be held, but they are waiting. apparently they are waiting to hear from florida first. what is up with all of this? carl cameron is live in boston with hopefully an explanation, carl? what is going o >> reporter: it's a primary standoff and it's all about who gets to go first and who gets to have the influence that goes with being an early voting state. there is tremendous remember amount at stake here, there is the money to advertising, the access to influence and potentially the next president. the interaction with the national political organizations that all descend on their states, so it really matters and there is history of voting early and determining in some fashion who the ultimate nominee will be. the south carolina republican party chairman is holding a news conference in this hour in which he will complain mightily on behalf of the four early states, iowa, new hampshire, south carolina, and deaf. the and nevada.

they are the states granted authority to vote first by the democratic national committee and the republican national committee. and they insist on having a cushion with no one behind hem. florida has decided it will violate the republican national committee's proposed calendar and want to vote as early as january 31 of next year. the rnc put together a calendar that would have them go much later. the sunshine state wants more influence and wants to go fifth. florida will announce it will hold its first primary on the 31st of january. it will take call the states and force them to vote earlier in the process. they wanted to make the process more orderly and take longer into later in the year. the early states have been granted permission to go first and florida is the and tag tph*euthe antagonist.

they are so fro frustrated. they said they'll wait for florida to make their statement and then complain. jenna: we had a little audio issue there carl. it's interesting to hear that. the point you make about money being a factor here is always an important one to be in mind. while we are talking about 2012, i have to do it, hate to do it but have to talk about chris christie here, every time he slams the door shut on if he's going to run for president somebody is trying to pry that door back open, carl, what do you make of it? >> reporter: the new jersey governor is very popular in republican politics. they show a big assent by herman cain, and a drop by rick perry. they are looking for a common-sense type of conservative with more of an outside reputation. mr. christie gets a lot of attraction. he has said repeatedly and pointed his supporters to look at the video matchups of all of his denials where he says he's

not going to run. there are those around him that say he listens to our encourage -plts, so the door must be open. on tussle make some sort of a definitive statement again that he won't run probably within a week or ten days. jenna: just real quick here, carl, georgia's gop primary is set for march 6th. not one of the battling states you mentioned. we want to tell our viewers when something like that comes in. carl cameron, thank you very much. always nice to see you, sir. >> thanks, jenna. jon: fox news alert we are going to take you now to illinois where rest kaoeurs are desperately scrambling to free a man who is apparently trapped in a grain silo. don't know how he got in there. these situations can be very serious. grain is a lot like quick sand if you fall into it in certain circumstances and it can actually suffocate you even if your head is up above the level

of the grain because the pressure of the heavy seeds simply compresses the chest to the point where you simply cannot breathe. they are trying to get him out of there. we will keep you updated as to how he got in there and let's hope they get him out. fox news alert now for you as well. the house just passed a short-term spending measure. congress okayed the measure by voice vote, so there is no formal voting tally to report. the president must now sign the bill to keep the government from closing tomorrow night. this latest chapter in the budget battle adding to pessimism over whether the super committee with come up with some kind of a long term deal. who best to ask about that than mike emanuel our man on capitol hill. set the stage for us. what is happening in the house. >> reporter: as you mentioned the voice vote just happened. the show is called "happening now," it just happened now. crisis averted for the moment. we know when the house comes back on tuesday they will take

up the bipartisan deal that passed the senate the other night to fund the government through november the 18th. but when you consider this. they were fighting over just a small amount of money, .04% of the federal spending, so that does lead to some pessimism about future heavy lifting when it comes to fiscal matters between now and the 2012 election, jon. as you mentioned the measure will go to president obama's desk. he will sign it to keep the government open from tomorrow night through tuesday. on tuesday when the full house returns they will take up that longer-term spending measure to get us through november the 18th. jon: this latest fight in congress was over an amount of money that really represents a small fraction of federal spending. so how is the super committee supposed to be able to go behind closed doors and come to an agreement on making real serious cuts? >> reporter: the bipartisan super committee, 12 members, six republicans, six democrats, six

from the house, six from the senate has tremendous pressure on it. you've got all types of constituencies saying, don't raise taxes, don't touch defense spending, don't touch entitlements. everything has a reurb list of things that you don't touch or should touch. that is the context of the talks. we've heard people suggesting while they're cutting $1.5 trillion maybe they should go big, 4 trillion or $5 trillion. if you think how difficult it's been just a fight over several billion dollars in the most recent battle here on capitol hill the pressure just gets bigger and bigger for this group of 12 lawmakers. we talked to former speaker of the house dennis haster and he said they are expected to fight over money matters take a listen. >> the house of responsibility has responsible for taxes and for sending, so that people can throw the bumps out if they want to.

we need that type of democracy. >> reporter: bottom line crisis averted for now the battle continues next tuesday. jon. jon: thanks, mike. jenna: from washington d.c. we take you out to indiana, new developments in the murders of five people there. police are questioning a career criminal, they describe now as a person of interest in the case. harris faulkner is at the breaking news desk. it looks like there might be a little bit of a break in the case, harris. >> reporter: what we're watching right now is that the sheriff is trying to calm everybody's nerves in franklin county, indiana in saying he feels that this was not a random bit of violence. he says that is important for the community to know that they are safe. this has sent shock waves through the community. you are looking at 46-year-old david isom. he was picked up tuesday evening after an investigation into an unrelated case. in the middle of interviewing

this man they found some things that led them to believe they should search his home. that is 25 miles away from where the killings had happened. when they got to the scene the indiana police say they feel like they got some information that could link him to the five killings. it was a family of four and a neighbor who were killed. shock waves in that community, franklin county. you've got the tip line there, if anybody can be of any more assistance. they want to make sure they've got even all of the people who may have been involved in this. just one bright light in all of this. in our reporting we had said there was a 4-year-old little child in that home that did get away. we know now that child is in fact safe. this has been a horrific thing that happened. they have a suspect, they call it a break in the case right now picked up on unrelated charges, back to you. jenna: we look forward to talking to the sergeant ahead of that case later in the show. jon: she spent four years in an italian prison for a crime she said she didn't commitment a

huge decision could free american amanda knox. should she feel hopeful? the circumstances that could make-or-break her case. jenna: are the this incredible scene. a dramatic shootout caught on police dash.com. you'll see the high-speed case that started it all next. [ male announcer ] heard this one? listen to this. three out of four americans don't get enough vegetables. so here's five bucks to help you buy v8 juice. five bucks. that's a lot of green. go to v8juice.com for coupons. you can count on us.

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jenna: welcome back, everyone, new government loans going out to solar companies. thinks getting special attention after solyndra, also a solar company went bankrupt after getting a $535 million loan guarantee from the energy department. just yesterday two new loans were approved worth more than a billion dollars together for solar projects in nevada and arizona. these approvals come two days before the loan program is set to expire at the end of this week. elizabeth mcdonald of the fox business network has taken a look at this. how much money is

going out the door and for what projects. >> reporter: the department of energy has on its website information that it's backing about $30 billion in clean energy loans that is going out to dozens of projects. they are saying that this project will create or save about 66,000 jobs, but the issue is who is checking these companies to see whether or not they'll even make any money? that is the issue. doe says the two latest projects as you reported in arizona, nevada, that they did scrutinize the finances of these two companies. but there is more controversy coming out about one of these companies in nevada, jenna. jenna: as you mentioned risk in every investment but the due diligence is the important part that we're keeping an eye on since we saw solyndra go bankrupt and there was some question about the due diligence process. >> reporter: the nevada project is the solar energy project.

the controversy there is nancy pelosi brother-in-law is a backer. one of the funds that he helps run is an investor in the solar energy project in nevada. i should point out though that the solar energy project in nevada that is getting about $737 million in guaranteed loans from the department of energy, citigroup and a tech fund out of calpers, those two entities are invest nothing this solar energy project as well. jenna: it will be interesting to see what goes from there and how the company develops. we'll be keeping and eye on it. thank you so much. jon: the wild police chase caught on a cruiser's dash cam. it shows a trooper in hot pursuit of a suspected armed robber earlier in month in toledo, ohio. the chase hitting speeds of a hundred miles an hour. it ends right there when the suspect loses control and flips the car. officers and an f.b.i. agent on

the scene demand the suspect surrender. instead the suspect lights a crack pipe and points a gun in their direction and that's when they fire back. >> we've got to take him out. take him out. [gunfire] >> shots fired, shots fired, shots fired. jon: the suspect eventually died, a grand jury finding none of the officers committed any wrongdoing. jenna: new concerns, a deadly listeria outbreak is getting much worse today. already you have 15 people dead, the fda blaming contaminated canteloupe. now there are new fears that more people could be getting sick weeks from now. we'll explain why. more dramatic testimony in the trial of michael jackson's doctor just about to get underway. today jackson's bodyguard testifying about the moment michael died. >> paris was on the ground bald up crying, and prince he was --

he was standing there, he just had a real shock -- just slowly crying type of look on thinks face. >> what was conrad murray doing. >> he appeared to be administering cpr. he appeared very nervous. >> had conrad murray asked you and berth tow alvarez if you new cpr. >> yes. jenna: that's one of the things we learned, the children were there watching all this. judge jeanine shapiro joins us live with her take on the case next.

jon: i stepped away from my ann

position to come into the acquisition here at fox channel where we bring ph hundreds of satellite feeds from all around the world. take a look at remote 269, still working to get out that man who was trapped in a grain silo. they have sent in a rescue, a medivac helicopter. let's hope they are close to getting him out. these are live pictures from that scene. over here on ra meet 293 tropical storm ophelia regained tropical storm status after crossing some of the islands. it is expected to possibly glance bermuda might affect canada but not expected to hit the united states. on remote 249 that is outside the trial of dr.~conrad murray, michael jackson's physician. he is on trial fo for manslaughter in connection with the death of the king of pop. aur man adam housley is there.

>> at this trial today we'll have the second full day where the prosecution will be able to layout their entire case. day one we had the opening statements from both sides. yesterday real it first day the prosecution had the chance to put out their witnesses and their strongest witness of the day by most amounts was michael amir williams. he was michael jackson's personal assistant for a longtime. he testified at one point that as jackson was in the hospital pronounced dead that dr.~conrad murray wanted to be taken back to the home to get some cream he said which basically michael jackson wouldn't want the public to know about. williams believed, at least in his testimony elicited by the prosecution. that was conrad murray's way of going back to hide some drugs that he gave michael jackson in the months he had been treating him. >> we were making small talk about how horrible this is. both of us was tearing, and he

asked -- he said that there is some cream in michael's room, or house -- i believe room, that he wouldn't want the world to know about, and he requested that i or someone give him a right back to the house to get it so the world you know wouldn't know about the cream. >> reporter: during cross-examination the defense team asked michael amir williams, you're telling us this story now, how come at the time when you were interviewed by the police department on a number of occasions you never brought this up before? how come all of a sudden this is coming up now trying to call into question that testimony. we also heard part of his testimony about michael jackson's children, all three of them being near the room or in the room when michael jackson was there lifeless and how one was bald up crying and another one was basically yelling out his father's name. that may be a set up, jon, for the oldest child to come testify in the courtroom e. is on the witness list that. could happen.

as i give it back to you today the big witness here is michael jackson's bodyguard that is expected to testify that it took conrad murray 30 minutes to call 911. jon: thanks. jenna: a little bit more on this case with judge jeanine piro. what is the sense of your case right now. >> my sense is it's not going very well for the defendant. this is a voluntary manslaughter. the issue is whether or not conrad murray was basically criminally negligent in not exercising the caution and care this a doctor would have done under the same circumstances. we know he didn't. you you don't use propofol outside of a hospital setting. you've got to have the resuscitation equipment. he did not have that. he didn't call 911 right away. he didn't tell the ems or the hospital that by the way i gave him proep r-frplt he was ou propofol. he was out of the room and not

monitoring michael jackson which depresses the respiratory system. this is shocking. jenna: how does the change the situation that it's michael jackson? this is a global superstar and there seems to be a double standard as far as access to certain drugs and doctors. does that change anything in this case? >> he had a concierge doctor and paid him $150,000 a month to take care of him not to kill him. he died of acute propofol poisoning. the fact that we may pay 200, 300 to a doctor, and he paid 150,000 you would think he would get special attention. the doctor didn't have a ambu bag. he was outside for five minutes, he was on the phone talking to his girlfriend. when help comes in, he says by the way, anybody know cpr? gee, i'm hungry i'm going to get a burger. jenna: you feel that is the attitude that is coming from --

at least what the prosecution is painting right now. >> what they are painting is that attitude, plus consciousness of guilt when he says michael wouldn't want the world to know he was using this cream, michael called it milk, that was propofol. that is about the doctor going back to the crime scene, getting the evidence which was not supposed to be on the scene, and the head of security is smart enough to say, huh-uh, doc you're not going back. jenna: this is what will be playing out today in the courtroom. we'll continue to bring our viewers up dates on what happened here. another big case as well we are watching is the one in italy. we are waiting right now to see if amanda knox will make a statement to the court. the judge says we are going to get a verdict on monday. again a highly volatile case, what is your sense? >> my sense is based on everything that i'm reading is she is going to be released. she had served four years of a 26 year sentence. the prosecution says we now want her to serve life. she will make the final statement before the appeals panel decides whether or not she

is released. she will say it in italian, she apparently has been practicing for some time and the mood is based upon the contamination of the dna that she will be released. jenna: that will be interesting to see, that could make-or-break or influence the case in some way that statement. we'll be watching for that. jeanine always nice to see you. watch for jeanine on the weekend. justice with jeanine. jon over to you. jon: we will have a legal debate on the knocks r-r case in the next half hour. democrats had the edge when it came to voter enthusiasm in the last two presidential election. how are things shaping up for 2012? you might be surprised. larry sabado will be along with his predictions. someone sends "dancing with the stars" an unwanted envelope. now police are telling us what is inside. thank you so much, i appreciate it, i'll be right back. they didn't take a dime.

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>> reporter: we just may be on the moment of truth here on a story we've been watching to see what will happen. a man trapped inside a silo. i'm harris faulkner at the breaking news desk. this is happening in illinois. a person trapped in a grain silo at an industrial plant there. we're getting conflicting points. the news helicopter pulled out moments ago. sometimes they will do that when they are bringing out somebody and they are injured and they don't want all eyes on. there is a helicopter that has pulled in closer to the scene off to the left here and it

looked like a medical news chopper. it still seems that everybody is concentrating on that side to the right of the screen there at the top right of your screen where they've been putting a backboard in and other types of materials to try to pull somebody out. so a little confusion about where he is exactly, if he's actually been pulled out and they are working on him. they are bringing in another board right now. this is the second one we've seen in just a short time. we don't know how this guy got himself trapped inside the silo. it's the 200 block of mosanto avenue. in cahokia, illinois. there are several different responders from different jurisdictions. it's been well over an hour now with him in there. we'll continue to watch the story and stay on it here at the breaking news desk. jenna: also some other developing stories we're keeping an eye on here in the newsroom and from our control room as well. four republican senators

traveling to libya we are seeing and hearing from them today. john mccain. mark kirk, marco rubio and lindsey graham. they are meeting with the country's new leadership in libya. it's the highest profile delegation to libya since the ouster of moammar qaddafi. a space station successfully launching an experimental module in space. it's expected to stay in orbit for two years as they construct a manned space station dominic straws kahn is accused of rape in ne new york city, that was is later dropped. jon: police in los angeles are examining white powder sent to the hit tv show "dancing with the stars." the second time in two months the show received a

powder-filled envelope. harris has more on that. >> reporter: this is at cbs television city, jon. we are getting word that the powder was found to be harmless but there was quite a bit of it. it was found around 2:00 in the mailroom yesterday of cbs sell vicious city according to a spokesperson for the los angeles police department. because this has happened before there has come up a question about what cbs is doing to make sure that safety precautions have been put into place. we don't know what exactly they are doing but that is something that has come up today as kind of a theme of questions as we're reporting on the story. a hazardous materials team was called in to gather that powder and test it before declaring it harmless. cbs is saying that nothing production wise was stopped in the building but there were some stoppage of work and other activities outside that mailroom as you might imagine as they went to work to figure out what was in there. an envelope was delivered with white powder to "dancing with the stars" with a note, some kind of threatening night back in november of 2010.

that note said to have come from outside this country, and it came in right before the finale in november of 2010. again, the substance turning out to be harmless. and in august of this year an envelope addressed to the late, late show, host craig ferguson also packed with white powder and a threatening letter, again that powder found to be nonthreatening. but serious concern at cbs television city over how to keep its people safe even though the powder has been found harmless you never know about the next time. we wonder what steps are being taken as we report on the story. when we can update in that regard we will. jon: a stupid prank and probably an illegal one. jenna: a plot to attack the capitol and the pentagon. new details about the american citizen planning to use home main drones to tere rise washington. the balance of power in the house and the senate in 2012, it all comes down to just one person, we know that. larry sabado will explain when

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jon: we often talk about the race for the white house in 2012 but also up for grabs, obviously control of the house and the senate. in the house right now republicans are in the majority, in the senate democrats have control. will all of that continue? larry sabato has looked into his crystal ball. he says congressional election outcomes will depend on who vote put in the white house. professor sabato joins us now from chart lotsville where he is at the center of politics. you say democrats have a tough road to who he. >> they do indeed. there are 33 seats up. it's pretty obvious if you go state-by-state that the

republicans have a significant edge. our elections for senate are not national, they are centered in the third of the states that have elections in any year, and republicans have a pretty good set of states given the likely outcome of the presidential condition test as you go state-by-state. jon: how many seats do republicans need to pick up and where do you see them picking them up? >> they have to pick up four seats unless they win the presidency and the vice president see and then they'll need three. they really already got one in north dakota. they have a wide range of seats from which to pick up the next two or three, you know, montana, and missouri, and nebraska, and you can go right down the list. there are really quite a few that they could pick up. they could end up potentially with well above the 51 they would need or the 50-50 in case of having the vice president see. jon: the gallop organization did a poll of voters of both parties, democrats and republicans and asked them how enthusiastic they are, more enthusias enthusiastic or less

enthusiastic than usual about voting. take a look at our numbers for viewers. in 2004 democrats more enthusiastic. in 200879% were more enthusiastic. now that number is down to 45%. that doesn't necessarily bode well for the democratic party. here the republican numbers where the reverse has essentially taken place in terms of this year, 2011 58% of republicans say they are more enthusiastic about vote th-g year. what does that say, larry. >> what a reversal of fortunes. thinks as dramatic as it gets in terms of a turn around. it means that republicans have a natural advantage coming into 2012 on turn out if they can maintain this level of enthusiasm. and democrats, unless they deal with the current really depression among democrats will have a great problem in generating anything approaching

the level of democratic turn out we saw when president obama what's elected in 2008. these numbers h-r -- jon: i remember that night, democrats swept control of the house and senate, they took the white house. it seemed like they were on a high from which they would be decades in leading. >> well nothing lasts forever. in politics things change quickly. actually republicans have had something of an enthusiasm advantage at least in individual states that held elections in 2009, in some of the key elections of the midterms in 2010. since 2008 the republicans have had some advantage. this is a dramatic advantage, and believe me, these numbers actually mean more than the poll numbers that you see that can change overnight, and that measure the general population. jon: interesting. larry sabato from the university of virginia. thanks. jenna: this is a story we continue to watch and it seems to be getting worse,

contaminated canteloupe is blamed for more than a dozen deaths. there is a new warning. the government says they don't know how many more victims are out there and who might become victims weeks from now. we'll tell you why next. also, this is our type of story, jon. raising cash by raising your glass, why having a drink could help state economies recover. you do it for the good of the people. we'll tell you where next. [ male announcer ] in blind taste tests, even ragu uss chose prego. prego?! but i've been buying ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego.

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jenna: the deadliest food outbreak in the united states in decades is about to get much worst. the fda is blaming listeria contaminated canteloupes for

more and dozen deaths ancic evening many, many other people. doctors warn that some people may not be showing symptoms for weeks or even months. we want to talk about this with dr. kathleen london. compared to e.coli for example the incubation period for listeria is two months. >> 3 to 70 days is the incubation period for listeria. we don't think of listeria as a big player normally, it tends to affect people whose immune systems are not the same as everybody else. it's usually pregnant women that we worry about, neonats. elderly people, anyone over 65 are the usual groups. the older population seems to be more examining. jenna: if you're examining what you ate, it's hard to know what you ate 60 days ago. >> if you have fever and nausea

you should be checked out if you're someone who eats canteloupe. if you don't know where the canteloupe came from, throw it out. this is not worth taking a risk over. if you don't know that it didn't come from colorado don't take the chance. jenna: i'm curious for your thoughts as a physician, we are in a country where we depend on food safety. we think our food is very safe. you hear about this outbreak, and you wonder what is going on. >> we are looking at water supplies, whether animals had any contact with the water. the most common reason you see listeria is from the water. in this case the thing that is scary, any pregnant woman who has fever and nausea please go see your doctor. it's the most common reason for stillbirth. it's one that you don't want to take a risk. jenna: one doctor told us a couple of weeks ago. we followed the story for a

while. they say if you have any fruit that you don't eat the peel, that you cut through, you should wash it? should we do that with all fruit. >> exactly. as you are cutting through it, as we hear more cases of salmonella, list tear yeah, all the automatic breaks we are starting to see we need to be more vigilant about washing fruits and vegetables. absolutely, you're not going to see it, it's a microbe. jenna: we thank you for coming in today. we look forward to having you back and we'll continue to follow the story jon. jon: this fox news alert, we understand that the man who was trapped in a grain silo in could h cohokia, illinois has been excavated. we don't know exactly what his condition is. they have a medivac helicopter on the scene. these are pictures from just a couple of minutes ago when the victim was obviously placed upon

that backboard and taken out of that grain silo. we again do not know his condition. trapped in a grain silo for some period of time, as i mentioned in one of the earlier reports, grain can act like quick stand and can simply compress the abdomen and the chest to the point where you just cannot breathe. that's why time is of the essence in get these victims out of there. we will get you some more information as soon as it becomes available, let you know how this victim got trapped and what eventually takes place here. again, they are getting him into the ambulance then off to the medivac helicopter. let's hope he'll be okay. jenna: as you mentioned, jon, it's good now that he's out. new details in the alleged terror plot to attack the pentagon and capitol buildings as well. we are learning more about the american suspect that the feds say wanted to carry out this plan. we have a live report straight from the pentagon ahead. also conflicting reports out of venezuela about the health of president hugo chavez. what is going on there? we have the details ahead.

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jenna: we start a brand new hour with new details about a motto attack the pentagon and the u.s. capitol using homemade drones. this is a story you wake up to and think, this isn't what we expected today. hi, everybody, i'm jenna lee. jon: i'm jon scott. the fbi arresting a 26-year-old american citizen in massachusetts. this bust comes after a two-year sting operation in which undercover agents posed as al-qaeda operatives. national security correspondent jennifer griffin is at the pentagon with more. jennifer? >> reporter: hi, jon. well, the federal authorities that i've spoken to say the public was never in any danger

from the c4 explosives that the undercover agents had provide today the alleged attacker. only some of that explosive was real, the rest of it was wake. he was arrested in massachusetts at a framingham warehouse after a sting operation that lasted more than a year. he travel today washington, we're told, in may to take photographic surveillance of the pentagon and the capitol. he planned to fly these toy drone into the pentagon, this remote-controlled toy plane, there were going to be three of them, we're told, each with about five pounds of explosives. this kind of plane can be bought on line for less than $200, but experts say they most likely would have exploded on takeoff, and the authorities say they don't think the plan would have succeeded, but they have enough taped material to show a vicious intent. he was 26 years old, a student at massachusetts northeastern university. he had graduated, he studied

physics. so he had an engineering background that helped him transform cell phones into bomb detonators. he was in a rock band. he played drums for a rock band called silk road, but he was american, a u.s. citizen. he wanted to carry out the attack which also included ak-47s and six other attackers. here's what a former roommate said about him. >> i don't know if i want to talk about him and vilify an old friend. he lived here for a couple years, we had our times, and he went on his merry way. >> reporter: a bail hearing is set for monday, jon. jon: obviously, some are wondering whether he was entrapped. can you comment on that? is the fbi talking about that? >> reporter: well, no, i think the fbi would push back on that notion. my understanding is that there was an informant involved, there was an individual that the man had reached out to, and that's when the fbi got involved and began an undercover operation to

see what the intent was, and they gave him many attempts, they gave him many chances to recant to -- and don't forget, he had provided some cell phones according to the fbi, he had provided some cell phones that he had transformed into bomb detonators. and when he was told by those fbi agents that they had, that those bomb detonators had killed three u.s. soldiers in if iraq, farduz in this audiotape gloated saying, that was my intent. jon: jennifer griffin at the pentagon. jennifer, thank you. jenna: a fox business alert for you now, the obama administration is calling on the supreme court to consider a key part of the president's health care program. in the meantime, a small business group and 26 states are asking the court to strike down the entire law. peter barnes is senior washington correspondent for the fox business network, and he joins us with the latest. hi, peter. >> reporter: hey, jenna. the administration hopes that the supreme court will rule on

this by june 2012 which would be right in the middle of next year's presidential campaign. the justice department says all of the major players in health care reform are gearing up for the changes and need certainty as soon as possible to move forward with their plans and implementation. states, insurance companies, health care providers, the federal government. a key provision in the law is the individual mandate, the requirement that everyone get health insurance or pay a penalty. yesterday the administration appealed a major court ruling in august that struck down the individual mandate declaring it unconstitutional. the plaintiffs included 26 states worried about the possible high costs of complying with the law. >> the majority of the states in this country are involved in our lawsuit led by florida, and national federation of independent business, two independent plaintiffs. so we have the most comprehensive lawsuit in the country. not only that, we have the best ruling in the country.

>> reporter: but the administration says that that ruling on the individual mandate was fundamentally flawed. it says congress was well within its constitutional power when it enacted it. jenna? jenna: this will continue to be a very big story, peter. thank you for covering it for us. jon: a fox news alert now, and some new information on the health of venezuelan strongman president be hugo chavez. steve harrigan live from miami with that. steve? >> reporter: jon, right now hugo chavez himself is denying reports by a spanish-language miami newspaper that he is suffering extremely from organ, specifically kidney failure, and had to be rush today the hospital. instead, chavez says these reports coming out of miami are simply rumors and false. as is his norm, he called state television this morning, early hours of dawn, and said he's fine, don't believe the rumors. of course, chavez's health has been in question now for some month bees. he just finished his fourth

round of chemotherapy in cuba, this after having a tumor, a cancerous tumor removed. the government not being more specific about what kind of cancer chavez faces. he has promised to make a full recovery and a run for re-election next year. but there have been rumors lately about a deterioration in his health. he failed to attend recent sessions at the u.n., he's also postponed a key meeting with his ally, the president of iran. as far as the u.s. goes, the stakes of hugo chavez's health are high. on the one hand, he's been a sharp opponent of the u.s. government. on the other hand, venezuela continues to be a major supplier of oil to the u.s. we get about 14% of our oil in the u.s., and venezuela is still largely a one-man show. despite his illness, chavez runs everything in that country. were he to disappear from the scene because of health reasons, there has been violence in the past, and there is likely to be violence in the battle to succeed hugo chavez. right now he's denying reports that he's been hospitalized.

he says he's recovering well from his latest bout with chemotherapy. jon: the video we were just showing that showed him doing jumping jacks, we presume that's fresh video? is. >> reporter: that is not within the past few days. he has been shown doing regular physical activity with aides. he says he's working at about half throttle. before this cancer bout he was an extremely vigorous ex-athlete, he was always on the move, sleeping very few hours, drinking about 50 cups of coffee a day, working almost all night long. he's changed his schedule recently saying he's getting more rest and cutting down on the coffee. but a lot of rumors especially out of southern florida about his health and, of course, a lot of venezuelan exiles with no love lost here for hugo chavez. jon: that's for sure. steve harrigan in miami, thanks. jenna: new evidence in a case that's truly dominated the headlines this week linking a career criminal to the murders of five people over the weekend

in rural indiana. this man is being held in a separate case for attempted armed robbery. you see about half of his face there, we're bringing it full. police now consider him a person of interest in the murders. on the phone, sergeant jerry gooden, a spokesman for the indiana state police who's been good enough to talk to us earlier this week as well. so, sergeant, what's the state of the investigation at this point? is. >> well, what we've got is a person who's been arrested on an attempted armed robbery charge that happened back in may of this year. we was able to get an arrest warrant out of ripley county, indiana, to get him arrested late tuesday night, early wednesday morning. we made that arrest in a traffic stop, and information and things that we gathered out of that traffic stop along with a search warrant that we executed at a residence he was staying at led our detectives to believe he was a very strong person of interest in this murder case that we're working. jenna: can you be any more specific about the things you gathered out of that car? >>

>> no, we can't, we don't want to mess with the integrity of the situation. the only thing we can say is we found items in the traffic stop and subsequent search warrant that we did. jenna: how close was he to the houses in question where these murdered victims were found? >> >> well, he was actually stopped in the andersonville, indiana, which is in the same county, franklin county, as the murders took place. this area where he was staying at, we're talking about, obviously, a rural area. so all this happened twn 15-20 miles in a circular area. jenna: sergeant, are you ruling out a murder/suicide? i know we talked about that on monday. >> yes, absolutely. at this point we have, we absolutely believe now that the person responsible for this was not among the dead, so absolutely we are ruling that out. and like i say, we've got a person of interest here. and i'll tell you what we're going to do, jenna, we're continuing this investigation. we've got numerous tips and leads to continue to follow, and because we have got a person of interest does not mean this is the only person that could be involved. not saying that it's not, but

we're going to continue on. and if there's somebody else that comes into play in this, we're absolutely going after them too. we're not stopping until this can completed. jenna: sounds like you're not completely certain this might be one person, two people or maybe even more. >> well, we're going to keep it open. we're not saying that there is more, we're not saying that there's not. like i said, we've got a lot of tips and leads to follow, and until we get every one of them done, we're not going to be happy with what weave -- we'v got. when we get it together, we'll forward it to the prosecutor's office. jenna: sergeant, thank you for joining us, we appreciate the update. >> thank you, jenna. jon: new video into the newsroom, an amazing story of regular americans as heros. wait until you hear what happened in boca raton, florida. harris is on it from the breaking news desk. >> reporter: jon, when we watched this video, you could hear the gasps. i want to tell everybody as you watch it, the 6-year-old that's pinned underneath the car makes it out just fine. let's take a look.

it's boca raton, florida. the child was walking with his grandfather outside very day elementary school when he tripped and fell. a car came down the way and hit the kid, pinning that little 6-year-old underneath its front wheels. the people you see here rushed to the scene. they're just bystanders. the one guy in the shorts with the white socks there, i mean, i don't know how they got the strength to do this at first. and then you see some first responders coming. they lift this car off the child while one gentleman is able to pull the child out, and here's the thing. they take him after the scene plays out to dell ray medical center, non-life threatening injuries. 6-year-old's going to be just fine. but these people lift the car off the child and pull him out. amazing coming in. and the video that you're watching from one of the first responders' cars had a dash cam. and if you watch the entire thing, and we could play it again, but you'd have to slo-mo

it to see it, you can see that the car stops abruptly, but the camera keeps rolling. boca raton, florida, a bunch of heroic meshes, jon. we always hear them say don't call me a hero, well, we're calling them one today. jon: absolutely. great job. that is amazing. good for them and glad that little kid's going to be okay. thanks, harris. >> reporter: sure. jenna: hit the weight room, right? good samaritans as well. many tates are hurting for money, that's a fact, so could happy hour be the cure for their budget shortfalls? we know it's the cure for a lot of things. the question is, can it cure our budget? we'll talk about it. plus, heartbreaking new details in the case of this man accused in the vicious death of a woman and her two daughters. we're going to tell you about the evidence the jury has just seen. s' colon health probiotic cap a day helps defends against occasional constipation, diarrhea, gas and bloating.

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when diet and exercise alone aren't enough... adding crestor can lower bad cholesterol by up to 52%. and crestor is proven to slow plaque buildup in arteries. crestor is not right for everyone, like people with liver disease... or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. tell your doctor about other medicines you're taking... or if you have muscle pain or weakness. that could be a sign of serious side effects. ask your doctor about high cholesterol... plaque buildup... and if crestor is right for you. if you can't afford your medication, astrazeneca may be able to help. jon: all right. you want to do your part to help the nation's economy and maybe

your local tax collector? jenna: yes. jon: here's what you have to do, jenna. drink up. turns out raising money from a cocktail or a beer or two can help states raise revenue in a number of ways. harris has this story. you could almost say, harris, that bending your elbow is your patriotic duty n moderation, of course. >> reporter: well, at least in 12 states that's the case because they've already started to make some big changes raising taxes on alcohol or changing their laws to increase revenue in that regard. a few examples to tell you about today, maryland just this summer pushed sales tax from 6 to 9% on alcohol. that little bit is expected the bring in $85 million a year. and atlanta and other georgia cities they have a big vote coming up, actually, in november. so they're looking forward to a big change, and here's what it is. they want to repeal colonial-era laws that ban alcohol sales on sundays. you know, in some states, jon and jenna, they call them blue laws n. georgia they want to get rid of that so people can buy the booze seven days a week.

and if you're headed to tour the jack daniel's distillery, did you know you couldn't taste the stuff? well, in the lynchburg, tennessee, you may be able to drink a little jack daniel's while you're taking your tours to allow tastings as part of a bigger package that will bring in revenue. and this just to share with you, i'm going to read from this. it has some critics, this whole idea of building revenue around booze in different states. the director of the center on alcohol marketing and use at johns hopkins bloomberg's school of public health says what you gain in short-term tax revenue, their going to lose in long-term police costs, emergency room costs and work force readiness costs in terms of what he calls the monday morning effect. i think he means hangover. back to you guys. jon: harris faulkner, drink up. [laughter] thanks, harris. jenna: you don't know until you try. we'll take the criticism, but you don't know. all right, a packed house expected at a public hearing today over a controversial

pipeline project. on one side you have the canadian company trying to get oil down to refineries in texas. on the other side, you have environmentalists who say, hey, this project just threatens a massive underground water source for people in eight states. caught in the middle of all this could actually be the white house. this is a big story coming to us from nebraska, and that's where we find steve brown. hi, steve. >> reporter: hey there, jenna. yeah, the obama administration's under a lot of pressure out here because of this particular issue. here's why. the canadian company transcanada wants to build an oil pipeline all the way from southern alberta all the way down through the u.s. down to the texas gulf coast where all those oil refineries are. the problem is that environmentalists and some nebraska farmers and ranchers say that the proposed route for the pipeline passes over the ogallala aquifer, the water source for eight states. should the pipeline ever leak, the environmentalists say that could impact the drinking water for millions. >> we don't think that president

obama's really going to let a foreign oil company bully a bunch of landowners in nebraska. i just don't think that's in if his makeup. >> reporter: but pushing for the pipeline are several unions. the teamsters, pipe fitters and others who would benefit from the thousands of jobs in the building that pipeline. >> we have a company that wants to invest private money into creating jobs in the united states of america. we can't get elected officials to create jobs, but we can get elected officials to stop jobs, and that needs to come to an end. >> reporter: on top of that, transcanada says many of the parts used in the pipeline would be coming from places like arkansas and ohio and oregon, places that also could use jobs. so the administration is, apparently, between a rock and a hard place here. which group does it not make happy? does it not make happy union groups by either delaying or just outright refusing the permit to build this pipeline, or does it make environmental

groups unhappy by allowing it? there have been several proposals including dave heinemann here in new hampshire, the governor, who would like to see the pipeline built but away from the aquifer. the folks from transcanada say that would kick this project two years down the road and with it those jobs. jenna? jenna: what a dynamic story, steve. really interesting, both sides so strong and, obviously, one we'll continue to watch. steve brown in nebraska for us today. jon: all right. imagine this: president obama with a running mate named mitt romney or maybe something the opposite of that? a bipartisan ticket for the president and vice president? could be a reality if efforts of one group comes to pass. what it means for you when you're ready to go vote. plus, will she go free? amanda knox in court appealing her murder conviction in italy. the judge is ready to reveal the verdict.

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jenna: right now some new developments on some crime stories we're keeping an eye on for you here. gayle owens granted parole exactly one year after she was scheduled to be executed for hiring someone to kill her husband. she would have been the first woman put to death in tennessee, but her sentence commuted after her arguments of sexual assault and spousal abuse. none of that was actually heard in trial, so she's going to be able to walk free. a federal judge accused of ordering accused arizona gunman jared loughner to undergo four for months of mental health treatment. loughner, course, is accused of killing six people and wounding 13 others including congresswoman gabrielle giffords. and court back in session in

the case of a gruesome home invasion case in connecticut. finish jurors were shown graphic photos of jennifer hawke-petit and her daughter. this man, shown op your screen, faces the death penalty if convicted. jon: amanda knox will soon learn whether she goes free or back to jail, perhaps for life. the american student is appealing her murder conviction in italy, and a judge will announce on monday whether knox goes free. she's serving a 26-year sentence for the murder of meredith kim cher. diana ten is a criminal defense attorney. fred, it's going to be all up to this judge now. he has heard the appeal, what does he rule? >> well, you know, it's interesting, jon, you know, i was able to call blagojevich, madoff, even lindsay lohan, but this case, i think s a little more difficult to call. i still think there's sufficient evidence to convict her of

murder. i think these court-appointed experts, all they did was throw rocks at the dna science. they really didn't come out and directly contradict it. at the end of the day, the one fact i keep pointing to is what did amanda knox do when she got arrested? she pointed the finger at a completely innocent man, and that is not the conduct of an innocent person. quite frankly, i think that's compelling evidence of guilt. jon: diana? >> i'm very troubled by the evidence that convicted that young woman. that 12 hours of interrogation by multiple police officers where finally they told her you need to point the finger at somebody. she may well have been wrongfully convicted, and i think that dna, we've seen the casey anthony case. even the fbi can contaminate in the best of circumstances, and you have that piece of evidence lying on that floor for six months before it was even picked up. i think the worst thing, though s the characterizations that they made and the emotional pleas that were made to the jury

to feel sorry for the victim and to hate the defendant were, um, really over the top. and i really think tainted the entire process. jon: fred, the prosecution argues -- >> you know what? well, this ain't casey anthony case because in this case there's evidence of the woman's guilt, including her dna on the hand and the victim's dna on the blade. i hear what you're saying, but this is nothing like that case. jon: but there was also evidence of dna on the victim's bra clasp, and the prosecution although they brought that evidence forward, amanda's attorneys say that infinitesimal amount of dna is not enough to draw conclusion. >> and it was sitting there on the floor for six months, and the dna experts assigned by the court say they believe it was contamination. i believe, it is so easy to do. >> well, wait, wait, wait. it was sitting there while she was in jail, so, you know, it was still there when it was found, and it was relatively untouched. and it certainly wasn't touched by her or her boyfriend's dna,

both of which were found on the clasp. i love this evidence was manhandled or mishandled. you know what? at the end of the day the evidence, still, i think, is compelling enough to support her conviction. jon: diana, the prosecution has asked that her sentence be increased, that she be given a life sentence instead of the 26-year sentence that she is currently serving. is that a bit of a hail mary? is that a bit of a diversion maybe? >> well, i think, and that's one of the many, many ways that their process is utterly different than ours. the prosecution in our country would not get a second bite at the sentencing apple when the whole question is whether or not the conviction should be thrown out. i think the tendency for the judges that are on the panel and the lay people jurors who are going to be making this decision may be to say, well, the prosecution wants it higher, the defense wants to walk free, we'll stay with status quo. i'm sure the prosecution is hoping they just stay with status quo. jon: and, fred, the time the

victim -- the fact the victim was stabbed more than 40 times, this was not just a, i don't know, garden variety, spur of the moment quick kind of thing. >> no, that's compelling evidence that this was done by someone who knew her, it wasn't done by a stranger. i do agree with diana, i find it a little bit troubling even as a prosecutor that the state can ask for an enhanced sentence on appeal. in essence, that chills people's appeal rights or willingness to take an appeal when you hav that kind of risk. but at the end of the day, you're right. the 40 stab wounds along with the false imly case of an innocent person, i find that evidence troubling. and at the end of the first trial, i thought it was the proper decision. i'd be curious to see what happens on appeal. jon: it's definitely a very different system in italy, and we've learned a lot about it through this case. fred tice and diana tennis, thank you both. jenna: we expect that verdict on monday. jon: yeah. jenna: that's going to be a long weekend for that family in italy, to wait for that. in the meantime, the battle

over illegal imgreat lakes is heating up in alabama. what a federal judge has to say about the state's effort to clamp down, and what's ahead? we have that coming up. ard this? listen to this. three out of four americans don't get enough vegetables. so here's five bucks to help you buy v8 juice. five bucks. that's a lot of green. go to v8juice.com for coupons. you can count on us.

jon: some brand new developments regarding alabama's immigration law, considered the toughest in the country. a federal judge upholding key parts of that law. steve centanni is taking a look at it live in washington. steve? >> reporter: jon a federal judge in birmingham upheld

two key parts of the state's tough immigration law but put other controversial provisions on hold. it sparked a protest at university of alabama by those who think the law is too strict. here is what is in the law and what's not after the law judge's ruling. they can question and hold people without bond and can check the immigration of status of students in schools and their parents. some other parts of the law were put on hold pending a final ruling. those sections would mick make it illegal for undocument the immigrants to seek work or others to give them a ride to work and undocumented to attend state colleges. alabama governor robert bentley is happy with the outcome so far. >> with those parts that were upheld we have the strongest immigration law in this country. i believe that all sections of our law will be upheld. >> reporter: of course there will be a appeals, one from the obama administration which claims the federal government alone is responsible for immigration

policy, not the states. yesterday, the president addressed the issue but not specifically the alabama law. here's what he said. >> we can't have a patchwork of 50 states with 50 different immigration laws. we can't have a situation in which individual counties are trying to enforce their own immigration laws rather than having a national approach. >> reporter: another appeal is expected from civil rights advocates. they say the law will lead to racial profiling and have a chilling effect on civil rights. jon? jon: steve centanni keeping an eye on that move, that big argument from washington. thanks, steve. >> reporter: you bet. jenna: well it is a growing political movement that could soon come to a ballot near you. americans elect is a group pushing the first-ever direct, nonpartisan, presidential nominating process. they want a third party

bipartisan ticket in the coming presidential election in 2012. how are they going to do this? let's talk to the chief operating officer for americans elect. so elliot, we talk a lot about business and usual and everyone rolls their eyes when you talk about business as usual when it comes to politics. you want to do something truly different. how are you going to do it? >> you touched on it, jenna. at americans elect we're holding nonpartisan nominating convention for presidency 2012. any registered voter can be a delegate to that convention and ticket will be on the ballot in all 50 states. we've seen the third parties in the past and usually a affluent individual able to get 50 state ballot access for themselves. this is the first time 50-state ballot access acquired by a ticket directly named by the american people in a convention that will take place in june. jenna: walk me through the process. you're going through different states and gathering signatures. what will those signatures eventually hopefully allow you to do? >> in order to get on the

ballot in all 50 states you need to gather 2.9 million signatures nationwide. to date we've gathered two million. once you have 50-state ball lot access. we invite every registered voter to become a delegate. go to americans.org and sign up. delegates draft rules of convention. help us with that. they will develop a platform of questions that the candidates have to answer. they also will be able to draft candidates and support candidates to compete for this nonpartisan ticket that will be on the ballot in november 2012. jenna: just to be clear, obviously there is the race for republican nomination happening right now. the democratic nomination seems fairly obvious at least at this point. if someone is registered republican, can they vote in the primary for the republican candidate and also vote to say, hey, i would like to see a third party ticket that's nonpartisan? >> right. they can have a voice and putting a third ticket on the ballot. so republicans, democrats,

we don't ask anybody to forgo their party allegiances. we're inviting everybody to come in to get a ticket on the ballot that is focused on solving the crucial issues facing our country in a nonpartisan way. let's end the bickering and get towards solutions for the american people. jenna: do you think this will do it? >> i absolutely think this will do it. think of all the tickets not put out on the political space right now because there is not enough room within our current party structure. this is real political innovation. as i mentioned this is the first time 50-state ballot access will be acquired for a ticket named directly by the american people not just in early primary states. jenna: let's be clea not necessarily you a third party. this is another space while you have category for democrat and category for republican it is another category that would allow a democrat and republican to be together. so hypothetically let's say you could have barack obama and rick perry on the same ticket and allow americans to vote for something like that. >> exactly. we're not asking anyone to

get rid of their party affiliation. what we're trying to do is allow everyday americans to have a real voice putting some of the best americans forward. there is precedence for this. let's remember in 2008, senator mccain thought about running with senator lieberman but he couldn't sell that to the party. jenna: right. >> why shouldn't we see best tickets come about because they can't be sold to the party? this is an effort to give the american people more voice and more participation in the primariry process. jenna: i want to mention disclaimer here. funding obviously is a big issue. not talking about those backing you. you say they're non-partisan and hopefully you will be able to talk more about that in the future. i have to ask you one final question, elliot. i know you served our country in the marines, is that right? iraq and afghanistan for about eight years. >> that's right. jenna: i'm curious, do you have any bowl in politics? are you thinking maybe running for office some day? >> i don't think this is the way to go about doing this. i'm focused on good governance. i spent the last eight years talking about good governor

snans -- governance in iraq and afghanistan. you comb homend a party system that slipped in between the people and our elected representatives. this is about giving american people more of a voice in our poll -- politics. that is what i spent last eight years doing overseas and i want to do it at home. jenna: you think we'll get exclusive in case he changes his mind? >> i'm pretty much outside of the parties right now, but, we want people to come to americanselect.org to get involved. check us out. i think you will like what you see. jenna: i've been on the website quite a bit. i encourage your audience to do it. it is very interesting idea. we scratched the details. there is lot more on the website. there is a lot of questions. we encourage them to visit and we would love to have you back to see how this process is going and see if you get that convention next tier year at the same time, elliot. >> great. we'll be talking with you. jenna: thank you.

jon: the obama administration is backing a push by the united nations to control the sale of guns and ammunition but the u.n. treaty is facing strong opposition on capitol hill. douglas kennedy is live in our newsroom in the latest in our fox news series, taking liberties. the douglas? >> reporter: the treaty is also meeting with strong opposition from gun owners, some who fear a threat to the second amendment. henry dane doesn't like any law that restricts his constitutional right to bear arms. but the president of the concord rod and gun club in massachusetts is even more screamment when the law is proposed by an international body like the united nations. >> this u.n. proposal is really your worst nightmare? >> yes, it means turning over our policy with regard to firearms over to the united nations. >> reporter: the united nations is now considering a treaty that would regulate international firearms sales, requiring member nations

like the united states to track their guns, starting when the guns are made. some fear the treaty will lead to an international gun registration program. pull. [gunfire] that is not okay with many hunters here in the united states. >> if the u.n. decides how and when a gun can be transferred, sold, ammunition bought, based on standards that have nothing to do with american law. >> this treaty is about regulating the export and import of arms. >> reporter: daniel prins of the u.n. says the critics are way off target. >> it is about the trade. this is treaty that is supposed to regulate the way that these goods cross-national borders. >> reporter: now the u.n. says they're simply trying to regulate the way arms cross-national borders. what's wrong with that? >> what's wrong with that is the u.n. is dominated by countries who are unsympathetic to our, to the

united states and to the freedoms that we enjoy. [gunfire] >> reporter: still any treaty with the u.n. would have to be passed by a 2/3 vote in the u.s. senate, a prospect that is unlikely if it threatens the constitution. that's it from here, jon. back to you. jon: i think a lot of those gun-owning constituents will be burning up the phones to washington. >> reporter: don't mess with those gun owners, jon. jon: that's right. douglas kennedy, thank you. jenna: pretty good shot by douglas. jon: not bad. jenna: got it on tape. a high-level american delegation visiting libya first in secret. now we know they're there to obviously meet with the new leaders in tripoli. also disturbing new details in the case of a missing utah woman as her husband pursues custody of their children, next. [ woman ] my grocery bill isn't wasteful spending. [ woman ] my heart medication isn't some political game.

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jon: right now, new info on stories we're keeping an eye

on across the u.s. and around the world from inside our control room. four republican senators traveling to libya right now. they are meeting with leaders from the national transitional council. it is the highest profile visit by an american delegation since muammar qaddafi lost control of that country. if you're in the market for a new home, now is the good time to buy. fixed mortgage rates hitting new lows. a 15 year fixed, about 3.25% annual interest. that is a record. a 30-year fixed just over 4%. and rates, are likely to drop even more. former archbishop matthew hannen has died. he delivered the eulogy for robert f. kennedy and, john f. kennedy. he was 87 years old. jenna: we have new information in the susan powell case out in utah. her husband josh powell, has temporarily lost custody of their two little boys. susan powell as you might

remember vanished in 2009. authorities say this investigation is at a tippingpoint. alicia acuna is live in denver watching this for us with the latest. >> reporter: hi, jenna. the attorney for washington state told the judge there are numerous concerns about the two young boys safety when they were with their father in part he said because josh powell has not cooperated with law enforcement in the search for susan. now josh powell tried to convince judge katherine necessary son his boys belong in the home he shared with his father and get rid any of items relating to his father's recent arrest relating to pornography and voyeurism. the elder powell remains in jail on 200,000 dale bail. >> if he is responsible for his wife, he has taken for his wife's disappearance he has taken their mother away from them. that's a huge loss for those

boys. >> she did disappear in december of 2009. i did not harm her. i did not have anything to do with her disappearance. i have never been charged or accused of any crime. i love my wife susan and i have looked for her. >> reporter: west valley city police in utah say that is not true. he has not helped try to find her. they are quick to point out they still have a trailer full of evidence they're going through. items of computers seized in august when authorities teached steven powell's home and found footage of young girls recorded in a bathroom without their knowledge as well as secretly recorded images of susan powell. the police chief there tells the deseret news, they don't know we have more stuff than they can even imagine. josh powell told a judge in tacoma, washington, he would rather have the his boys go

to foster home than susan's parents. the acrimony rising. jenna: thank you, very much. jon: a new law in new york state gives gay couples the right to get married but can the state protect religious beliefs of a small-town clerk at the same time. the clerk at the heart of this controversy joins us next.

>> hey, everyone, i'm megyn kelly. new reports suggest republicans have excellent chance of regaining control of the u.s. senate in 2012 but the one thing that could stop them today. plus a democratic governor suggests we should just let house members skip the next election so they can feel free to do the right thing even if voters don't want it. now she says she was joking. we'll play you the audio and let you decide.

new jersey governor chris christie suggests that president obama failed to lead while president. the white house is not happy, firing back directly. and a key witness takes the stand in the trial of michael jackson's doctor today. we'll break it down for you on kelly's court. see you at the top of the hour. jon: you might know that back in june the state of new york legalized same-sex marriage but that new law has been too much for some of the town clerks whose job it is to issue marriage licenses. at least two have resigned rather than do something that violates their religious beliefs. our next guest is a town clerk facing the same issue. she thinks she has come up with a solution but not everybody is happy. rose, marie, belforti the town clerk from ledyard, new york, she is joining us on the phone. when the state passed this law, rose marie, what thought went through your mind? >> i knew i would have difficulty with this law. jon: specifically why? >> well i believe in god and

god teaches me that marriage me marriage is for a man and a woman. this is a religious conflict for me. i have a deep faith and this violates my faith, if i have to do same-sex marriages it will be a violation of my faith in the workplace. jon: governor cuomo is quoted as saying, when you enforce the laws of the state you don't get to pick and choose. how do you answer that? >> well, i think the law would like us to believe that it is the office of the town clerk who does the licenses for marriage. so therefore, there are several people who work in the offices of the town clerk. there are deputies, and there is a clerk. there may on more than one clerk. there may be more than one deputy. so, i propose to, i request a religious accommodation so that i can delegate these duties to a deputy or a deputies. jon: right. >> and i've actually decided so that it is fair, and so

that there is no discrimination that anyone suffers, i will remove all duties of marriage, heterosexual and homosexual, from myself and i will give that to the deputy. jon: so you're going to step away from that part of your job description. >> yes, exactly. jon: all together. the deputies said they will step forward and do that part of the job. >> yes. jon: but not everybody is happy, right? >> that's true. jon: because you had a couple come to you sand say we want to get married. they were a lesbian couple. they said they wanted to get married. what did you tell them? >> to put the record straight, when they came to the window in my office, only one of them came to the window. i had no idea this was a same-sex couple. i told her immediately we do marriages by appointment. then the other person came to the window and so i did give them an appointment. and it was for two days later and at the end of the conversation, they told me, i specifically asked them again, would you like to

keep the appointment and they said no. jon: well, i know that they are continuing to pursue the, at least the complaint, some kind of a case against you. it has become sort of a test case for the country, really. you've got some big organization, the people for the american way involved, as well as the alliance defense fund. >> yes. jon: well, we wish you well. we will keep an eye on your case as this all goes forward. thank you. >> thank you very much. jenna: it's a big shake-up in the republican presidential race. who is gaining steam and who is falling behind, next [ male announcer ] this is lara.

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choose a stand-alone plan, or combine it with a medicare supplement plan. it's all in our free guide. is there a single plan that combines medicare parts a & b with medical and drug coverage? [ male announcer ] absolutely. many medicare advantage plans can give you doctor, hospital and prescription drug coverage all in one plan. remember, the annual enrollment period is earlier this year. call unitedhealthcare now or visit us online to get this free answer guide from unitedhealthcare medicare solutions. call right now. jon: hey, check your watches. we are now less than 30 hours away from the world series playoffs, and fans are already getting worked up. check out the results of our fox news u decide question of the day. who's going to win the 2011 world series? drum roll, please. jenna: are you putting money on

this? what's going on? [laughter] jon: more than 5,000 people have voted. the top team, the phillies with 24%, the yankees, the rangers, 15%, tigers get 13, and the cardinals, 10%. our producer, trina thompson is a phillies' fan. jenna: our 11:00 hour is done by rachel, our red sox fan who we appreciate her coming to work today. jon: and look there, we just happen to have some phillies video. how does that happen? go, rockies. [laughter] jenna: trina says we're just reporting the news. thanks for joining us, everybody. jon: "america live" starts right now. megyn: fox news alert, new reaction this hour to a big shake-up in the republican field as herman cain makes a big jump from being a bottom-tier republican candidate to landing near the top of the latest fox news polls. welcome