republicans to pass the measure saying if they don't, the american people will, quote, run them out of town. welcome to "america live," everyone, i'm megyn kelly. president obama raising the political stakes in an hour-plus-long news conference today urging lawmakers to get behind his jobs bill at a white house event that sounded at times almost like a campaign speech. ed henry live at the white house this afternoon. ed? >> reporter: good afternoon, megyn. i mean, look, this is a president who's sort of getting it from all sides right now. you had the house speaker today charging he believes over the last five weeks this president has stopped providing leadership, is just campaigning, no longer governing. you have democrats in the senate who are now starting to get ready to consider the president's jobs bill, throwing out the way the president wanted to pay for the bill, instead now saying they want a surtax for millionaires. significant the president at this news conference did get behind that surtax, and

basically, i noticed him shifting his rhetoric and saying this is all about making sure millionaires and billionaires pay their fair share. why that's a shift is just a couple days ago the president wanted to raise taxes on families making at least $250,000 a year, now he's shifting that because senate democrats don't want to raise taxes on folks making $250,000 a year. the final big point is that this sales pitch now boils down to the president saying if congress fails to act, the economy's going to get a lot worse, it needs to provide a jolt. i heard him use the same word, "jolt," in 2009 about the stimulus, and yet here we are more than two years later, and the president is again picking the case if -- making the case that if there's no action, it's going to get worse. take a listen. >> every independent economist who has looked at this question carefully believes that for us to make sure that we are taking out an insurance policy against a possible double dip recession, it is important for us to make sure that we are boosting

consumer confidence, putting money into their pockets, cutting taxes where we can for small businesses and that it makes sense for us to put people back to work doing the work that needs to be done. >> reporter: and it's important to put the context out there of why the president had this news conference now. two pig things coming up -- big things coming up. senate republicans are going to be adding an amendment to the china currency bill. it's highly expected that it's going to actually go down, then senate democrats will try to rework it and bring it back up next week. but also tomorrow, important point, we're going to get the monthly jobs numbers, unemployment numbers for the month of september. the president clearly wanted to get out there today ahead of that to try to frame this argument, megyn. megyn: ed, he seems very focused on the republicans in congress, but bret baier was on the air earlier today talking about the long list of senate democrats -- senate democrats -- who are not behind this bill. if bill gets tweaked to tax only

millionaires and billionaires and not those who are, as the president wanted, making 200 or $250,000 a year, do the senate democrats get behind it? >> reporter: well, i've talked to some vote counters in the senate on the republican side who estimate you'll still lose a few senate democrats like senator ben nelson of nebraska, other moderates if you have this surtax for millionaires. and so the president will be far short of the 60 votes he'll need to get cloture to cut off a filibuster. so it's highly unlikely that would get through the senate and, certainly, house republicans have no intention of taking it up. megyn: he continues to take aim at the republicans, the republicans, the republicans, but this particular battle on capitol hill does not have enough support of the democrats for the president to prevail. thank you. we're also hearing new reaction from house speaker john boehner. boehner saying that the president has, quote, thrown in the towel on leadership to focus instead on his 2012 campaign. take a listen.

>> i've had my share of disappointments this year. disappointed that the president and i couldn't come to an agreement on the big deal, disappointed that we couldn't pass some stronger legislation in the house from some of my own colleagues. but nothing has disappointed me more than what's happened over the last five weeks. to watch the president of the united states give up on governing, give up on leading and spend full time campaigning. megyn: the president, essentially, denied that accusation when he was asked about a similar theory this morning. we will have a fair and balanced debate coming up on boehner's charge that this was a campaign event maas crazing -- masquerading as a news conference, essentially, at t bottom of the hour. plus, we will have new poll numbers for the white house and how those may be creating new pressure on this administration. another fox news alert also from today's news conference, this time the issue was

solyndra. that's the solar panel company raided by the fbi after it took half a billion dollars in loans from the taxpayers and wound up declaring bankruptcy and firing 1100 people. the president today challenged on the questions that linger over why his team approved this loan of $535 milli despite a number of red flags and warnings about the prospects of this company. >> the process by which the decision was made was on the merits, it was straightforward, and of course there were going to be debates internally, you know, when you're dealing with something as complicated as this. but i have confidence that the decisions were made based on what would be good for the american economy and the american people and putting people back to work. megyn: doug mckelway has more live from washington. doug? >> reporter: meggen, the white house learned last night that the congressional investigation of solyndra is not going away anytime soon, in fact,

investigators want more from the house. last night the committee on energy and commerce released a letter saying, quote: >> reporter: it wants information dating all the way back, now, to president obama's inauguration day. in an accompanying statement, committee chairman cliff sterns said documents reveal a startling relationship: >> reporter: now, this follows the release late last week of e-mails that revealed the department of energy wanted to give solyndra a second loan even as it became clear that the company's financial solvency was precarious. in his press conference today, president obama again defended the taxpayer loans to solyndra. >> if we are going to be able to compete in the 21st century, then we've got to dominate cutting-edge technologies, we've got to dominate cutting-edge

manufacturing. clean energy is part of that package of technologies of the future that have to be based here in the united states if we're going to be able to succeed. >> reporter: in regard to that second loan, the doe wanted to provide to solyndra even as it was failing -- it was failing, one e-mail reads, quote: mr. >> reporter: it seems that that indicates that some administration officials were throwing all caution to the wind in waiting to approve a new loan guarantee for an apparent failing company. megyn, back to you. megyn: doug mckelway, thank you. we are also tracking a developing story in kansas city, missouri. the parents of ten-month-old lisa irwin today bigging for the return -- begging for the return of their daughter. lisa was, the parents say, snatched from her crib on monday night. both of her parents will be joining me live later this hour with the latest on the case. but first here they are describing the chaos moments after they say they realized

their daughter was missing. >> running around the house and were screaming for her, and she was nowhere, and i said call 911, call 911, and he said, where are the phones? and they with respect on the counter where i left them, they were gone. she's everything. she's our little girl. she's completed our family, and she means everything to my boys, and we, we need her home. i can't, i can't be without her. megyn: trace gallagher has the latest from our west coast newsroom. trace? >> reporter: and the timeline here, megyn, the crucial. jeremy irwin, who's the father of the baby, says he came home at 4:00 in the morning. when he came home, the front door was unlocked and all the lights were on. the first thing he did was walked around the house and checked on his two sons, his 8-year-old and 6-year-old. then he walked into lisa's room, he clearly ran quickly to his wife and said the baby's not in

the crib. and as you heard the mom say, they frantically went around the house. as the mom said, the cell phones -- three of them on the counter -- were all gone. and lisa's room looked like nothing had happened, nothing had been moved and nothing else appeared to have been moved. now remember, the initial theory was, megyn, that they had -- someone had broken into the window, i want to show you what we're talking about here. you can see the two police officers in front of lisa irwin's window. look how low that is. it pushes up from the bottom to the top. you can see from how tall they are, and they're also stepping on a planter box, it would be fairly easy to slide inside that window. the police are saying there were no signs of forced entry, the question is would there have to be forced entry to get inside there? here's what police are now saying about the investigation. listen. >> the truth is the family that you just listened to, they've been cooperative with us since the get o go.

with that being said, everything is still on the table. we're not ruling out anything. like i -- if we had more to go on, we could start eliminating some things but we, frankly, don't have anything to justify elimination. >> reporter: and nobody is eliminated, that's the key part of that sound bite. they are now walked around and knocked and talked as they call it to be300 neighbors, kind of interviewing them and walking through their house, just checking things out. the big key, the big tip inial this was a neighbor who said her husband ld her at 2:00 in the morning that he had actually seen someone, a man, walking around with a baby wrapped in a blanket. and, again, as reported on your show yesterday, megyn, the police still have not made anything out of that. that's turned into a dead end. megyn: trace, thank you. again, folks, want to make you aware, lisa's parents are making a desperate plea to the public for her safe return. they will join us live right here within the next half hour. plus, have this alert for

you, break news on the hunt for a gunman who shot up a workplace in california yesterday morning. he is now dead in a dramatic showdown with police, and we hope to have a live report in about ten minutes on that. plus, some dramatic new polls putting new pressure on the white house. frank luntz in many three minutes on what this means for the president and the country. >> i have gone out of my way in every instance, sometimes at my own political peril and to the frustration of democrats, to work with republicans to find common ground to move this country forward. at bayer, we're re-inventing aspirin for pain relief. with new extra-strength bayer advanc aspirin. it has microparticles, enters the bloodstream faster and rushes relief to the site of pain. it's clinically proven to relieve pain ice as fast. new bayer advanced aspirin. but you've got a meat and potatoes guy? pour chunky sirloin burger soup over those mashed potatoes

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megyn: the growing wall street protests are now becoming a hot political story. they began a couple of weeks ago in lower manhattan, now spreading across america from coast to coast. protesters complaining about a

range of issues, and now presidential candidate herman cain taking aim at the demonstrators saying protesters should cut the class warfare, act and take a look in the mirror. >> don't blame wall street, don't blame the big banks. if you don't have a job and you're not rich, blame yourself. it is not a person's fault because they succeeded, it is a person's fault if they fail. and so this is why i don't understand these demonstrations and what is it that they're looking for. megyn: well, if these protests carry on, it is sure to become a big campaign issue in 2012. we'll continue to follow. >> the reason i keep going around the country talking about this jobs bill is because people really need help right now. our economy really needs a jolt right now. this is not a game, this is not the time for the usual political gridlock.

megyn: more now from this news conference that president obama held this morning. the president saying that he has, quote, done all he can to find common ground with the are e palins on fixing the economy and that americans are tired of wrangling going on in congress. but the latest quinnipiac university poll shows that 55% disapprove of how mr. obama is doing his job as president, 55%, and that is an all-time low i guess high, for him inthis polling. frank hundreds is a pollster, and he joins me now. quinnipiac is putting him at 55% disapproval, just 41% approval, and just to get into that a little further as you look further into it, 81% of those polled are dissatisfied with the direction of the nation and president obama no longer enjoys majority approval from any demographic group except for black voters in the poll. at least half of all other coalition groups that helped put

him in office including young voters, hispanics, women disapprove of the job he is doing. what does that tell you? >> well, that's only half the story because you also have to focus on the attributes, whether they have trust and confidence in him, whether they believe he's someone who says what they mean and means what he says, whether they believe he's a leader in times of crisis. there are specific attributes that matter, and in the work that we are doing, the president is collapsing among those as well. the key element, megyn, in all of this is whether they believe that the future is going to be better than the present. if barack obama can convince voters that these are only short-term tough economic times, he has, he would have the ability to win these people back. but here's the problem: we believe the chi's going to be worse -- economy's going to be worse next year than this year, we believe our own economic standard is deteriorating, not increasing. we see the stock market has been crushed over the last three months. all of these, we've come to

decide after two years and eight months that this isn't the previous administration's fault, it it has now become the obama economy. and that is something i don't know whether he can recover from. megyn: let me ask you about the independents because it seems in a lot of this polling the republicans are going to find against president obama, the democrats are going to find for him, you know, sort of side with him or side against him. so we look to the independents to get a more, i guess, objective barometer. in these polls the independents are siding against the president. the quinnipiac poll showed that independent voters disapprove of his performance 56%, 69% of independents disapprove of how he is handling the economy. now, the president has been saying all along that he inherited a bad economy, but it would be worse if he hadn't enacted the policies he has enacted. these independents seem to be saying, we don't believe it. they seem to be saying we don't believe it. that seems to be a troubling

trend line for the president. >> so let's take a look at the overall picture. you've got a president whose numbers are deteriorating, a congress whose numbers are deteriorating, an american public who has less and less faith in the future, basically, they're saying to hell with all of you. and this is the issue that the president doesn't seem to understand in his communication. he's trying desperately to blame congress, to shift the focus to the other side of pennsylvania avenue. megyn: but americans do blame congress as well. their approval ratings are even lower than his. >> and that is exactly the point. it is possible that both of them will get thrown out of office, that every incumbent may be ce feeted. -- defeated. i'll tell you, the one attribute that they are really frustrated with this administration is that it doesn't take responsibility for what it has done. the president doesn't stand up and say, look, the stimulus didn't do what it was meant to do, the bailouts didn't succeed in the way we wanted them to, the health care legislation's too expensive. if he would take responsibility,

the american people would say, you know what? i'll trust you. but instead of taking responsibility, he tries to shift it to congress. it hurts congress, but it is dragging the president's numbers down as well. megyn: that's interesting, because we heard him today reiterate his oft-spoken theme of, you know, we've done a lot, but we had the japanese tsunami, and we had the arab spring, and the situation in europe, and while all of those may, indeed, have been factors, you seem to be saying the voters don't want to hear about that anymore. >> they're tired of blame games. they want someone to stand up, offer solutions, demonstrate results, admit when they make a mistake and then move on. and they don't hear that from this administration. not at all. megyn: frank luntz, thank you so much for being here. >> pleasure. megyn: all the best. more coming in on that breaking news from the west coast, the hunt for a man suspected in the shooting deaths of three people. someone has been shot dead by police in just the last hour or so. we will go to the breaking news desk at the bottom of our hour. plus, the country is today

counting the ways our lives have been changed by a company named am. and -- apple. and a guy named steve jobs. remembering a true visionary, next. and where is baby lisa? vanishing without a trace from her crib sometime monday night, police and the fbi now looking everywhere for this child. her devastated parents join me live right here on "america live." finish upcoming. >> please, bring her home. our two other boys are waiting for her. please, just drop her off anywhere. we don't care. just somewhere safe where she can come home, please.

megyn: fox news alert, a dramatic shootout unfolds in the

search for a california man suspected of killing three people and injuring six others. that's the scene this sunnyvale, california. look at this. police were going door to door looking for shareef allman, now witnesses say they heard seven or eight shots fired. trace gallagher has the latest from our breaking news desk on the west coast. trace? >> reporter: so it appears, megyn, that 47-year-old shareef allman was on the run for about 27 hours when he had what sunnyvale police are calling an encounter with police today. you heard the witnesses say seven or eight shots, it's unclear exactly how many shots were fired by police and how many shots may have been fired by the suspect. the bottom line is now the person they had that encounter with is dead. and they're not saying if it was shareef allman or not, but they did say earlier today even though they found the weapons from yesterday's shooting, they believed that shareef allman was still armed and dangerous, and he was found in the area they

had cordoned off. they were focusing on sunnyvale, just a few miles from where the shooting happened yesterday. listen to what police are saying about the identification. >> we don't have an id yet. all we can say is that the physical description is similar to the suspect we were looking for for the shootings in cupertino yesterday, but we can't confirm that. >> reporter: the shooting in cupertino yesterday, he's talking about going to the quarry. shareef allman went to his safety meeting, 4:15 in the morning. he left the meeting, then came back heavily armed. he shot and killed three of his coworkers, six others, then he ran to a hewlett-packard a mile away, tried to carjack a woman, shot her in the leg. he fled that scene and was holed up in that cooper tee know -- cooper teen know/sunnyvale area for the past 27 hours. as soon as we get an id, we'll get it on the air to you, but police are very strongly believing that this is, in fact, shareef allman. megyn: trace, thanks.

well, house speaker john boehner says he's been disappointed by the white house before, but nothing compares to this. listen. >> to watch the president of the united states give up on governing, give up on leading and spend full time campaigning. megyn: but wait, moments ago the white house upped the ante and fired back at the speaker. breaking news next on the new fight between the speaker and the president. plus, a page straight out of harry potter. a true, actual, real-life invisibility cloak. we'll have details coming up. ♪

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megyn: fox news alert on a new fight breaking out between the president and the speaker of the house. it started when house speaker john boehner today expressed his frustration with president obama's leadership in washington saying the president has essentially given up on governing to focus instead on his re-election campaign. >> i've had my share of disappointments this year; disappointed that the president and i couldn't come to an agreement on the the big deal, disappointed that we couldn't pass some stronger legislation in the house from some of my own colleagues. but nothing has disappointed me

more than what's happened over the last five weeks. to watch the president of the united states give up on governing, give up on leading and spend full time campaigning. megyn: then the white house firing back. spokesman jay carney sending out a twitter message that reads, quote, as potus -- meaning the president of the united states -- said, he welcomes gop ideas that would grow the economy and put people back to work now. where are they? and going on to say, quote, dear mr. speaker, you refused to hold a vote on the jobs act, a mainstream deal that would boost the economy and jobs now. that's legislating? joining me now, david webb, host of the david webb show and co-founder of the tea party 365, and sally sally kohn, founder of move on vision.org. the president is about to go out there, and they're going to have this vote in the senate, and he's trying to shore up people's belief that this is the real

deal, this isn't a campaign effort, this jobs bill, and he's going to get ready to blame the republicans if it doesn't go through. meantime, let me start with this, sally, because he's sparring with boehner, but the democrats in the senate are not onboard yet. he doesn't have the vote from the democrats yet, so it's not really just between the president and the republicans in the house. >> i mean, first of all, to hear john boehner saying this when he said his was the party that their number one priority is to make sure barack obama is out of office in 2012 -- megyn: that's a mitch mcconnell sound bite? he says that was their number one political goal. >> that's not exactly governing either. that's campaigning too. and secondly, this is why americans are so fed up with washington on both sides. congressional republicans -- megyn: but you keep saying congressional republicans, but my point is, is it disingenuous of the president to be making this a fight between himself and the house republicans when he doesn't have his own party's sport? >> look, i'm not going to defend the fact that we have a lot of

democrats in the caucus who shouldn't be democrats. the president keeps trying. i mean, he's created a bill here that is mostly tax cuts. those are republican ideas last i checked. but the republicans can't get onboard with anything the president supports because they simply want to see him lose more than -- megyn: that was the theme he kept sounding today, david. since when to the republicans suddenly not favor tax cuts which he is including in this bill for certain portions of the population. >> there are parts of the bill that republicans can support. but what sally fails to mention are the taxes built into the bill. over a trillion in the next ten years alone. the fact is that, you're right, the democrats in the senate won't take up his bill. remember the video and the miscommunication with the e-mail that went out yesterday? president attacking republicans, but harry reid saying that we won't have a vote? megyn: harry's having second thoughts. harry is going to be -- >> harry was taken out to the wood shed by the president, i'm sure, on the phone or in person. the fact is, this is re-election, this is campaigning. the house has passed bills --

megyn: was what we saw today a re-election effort? >> absolutely. megyn: or a genuine news conference? >> i'm really glad to hear sally support every president getting a second term because i can't remember the democrats who objected to bush's second term. it's really let's get off to the stupid talking points and the fact that we need jobs and recovery, and this is a big-spending president. megyn: you mentioned the taxes, right? today the president made some news because originally his jobs bill was going to raise taxes on millionaires and billionaires, but also on folks making more than 900 or 250,000. so he was asked by a reporter or today because now the senate is saying, well, we want to change it. get rid of the taxes on 200 or 250 and just raise them on millionaires and billionaires. the president was asked, is that something you could swallow? and i want to play you the president's answer, and then we're going to play right after that what the president said back in '09. watch this. >> the approach that the senate is taking i'm comfortable with

in order to deal with the jobs bill. we're still going to need to reform this tax code to make sure that we're closing loopholes. the last thing you want to do is to raise taxes in the middle of a recession because that would just suck up, take more demand out of the economy and put businesses in a further hole. megyn: it's not like he didn't know about millionaires and billionaires back in '09. >> oh, yeah, still had a lot then, bush helped create 'em. look, even grover norquist, the conservative anti-tax champion, has said that allowing tax breaks to expire doesn't quite count as a tax increase, so that's mr. anti-tax himself. the large e point is -- megyn: this is a surtax on millionaires of over 5%. >> the larger point is, look, 80% of americans think we need to raise taxes on the rich -- megyn: it's true, but president obama didn't believe it back in '09. >> president obama also back in '09 wasn't having his feet held to the fire to cut spending and to cut the deficit. look, republicans have created

this situation where they said you can't win here. you have to cut spending, you have to cut the deficit which incidentally economists agree in a recession economy, that's the time when you, like it or not, need government. republicans say you've got to do it, so obama has two choices -- megyn: they want to put money finish. >> cut the middle class or raise taxes on the rich. megyn: it's ideologically inconsistent. should you be for spending and no new taxes? because the president is saying, let's spend, and let's hike taxes, one of which would put money into the economy, and one of which would take it out. >> actually, it does neither. i'm sorry, it does one of the two. it redistricts wealth from one quarter to another, and it takes -- megyn: aren't they wealthy enough? >> they're wealthy enough. megyn: that's what the president says. they have a lot of money. >> if you taxed by the numbers, not the talking points, if you taxed everybody in all those categories including 100,000-naires, you couldn't do anything about the problem. megyn: we don't like the rich.

we're jealous of them, we want to be them, and we want to -- >> i don't know who begrudges them because every american want toss achieve their own level of success. megyn: 80% of the population does. >> they want their chance to get there. look, we're seeing people across the country tom come out, and they're not just liberals. i've been hearing from tea party folks, libertarians, people are frustrated. the economy grew between '09-'10, 88% went to corporate profits -- oh, the growth -- >> the inequality is getting loose -- [inaudible conversations] megyn: i've got to go. >> growth doesn't go to corporate profits. megyn: i'm getting the red rap in my ear which means get out of this, or you're in big trouble, kelly. thank you very much. all the best. had to get to this story because what a thing, what an event, remembering the man who changed how we live forever. steve jobs lost his long battle with pancreatic cancer yesterday. i hate saying that.

it's not that he lost his battle with cancer, he waged it bravely, craicialtionly, but in the end he did die. he's the guy, of course, who started apple in his silicon valley garage back in 1976 with his buddy, steve wozniak. the apple ii that came a year later, one of the first successful personal computers for the mass market. the apple mcinto be in 1984 -- mcintosh with a mouse, what an innovative idea. in 1998 good-bye to dell computers, after he had returned to apple, jobs introduces the world to those colorful i-macks. and, of course, there's more. in '03 the ipod forever changed how we listened to music. say good-bye to cds. he, of course, he set the standard and set the stage for the popular itunes store and possibly saving the entire music industry. four years later the iphone would forever change what we expect a cell phone to be able to do, and just last year a product the critics said nobody

wanted, the ipad. so far more than 30 million people want them. and counting. the amazing thing, folks, steve jobs did all of this by gut, no market research, no focus groups, just his whim of what he thought the public wanted and would enjoy. fox business network's shibani joshi live from the apple store in lower manhattan now. shibani? >> reporter: hi there, megyn. yes, i'm so glad you talked about the plaque of focus groups, the lack of market research, the lack of red tape because that really was at the heart of the methodology of steve jobs. at one point he said, quote, people don't know what they want until you show it to them, and show them to us he did. he gave us and dreamed up things that we didn't even realize could be possible, and then we clamored for it, and we realized we couldn't live without them. you talked about so many of the inventions that he came up with, i think that there are five hallmark creations that really characterize the legend and the legacy of steve jobs.

the first one i want to talk about is the apple ii. you know, up until that point computers were all about engineers and nerds, but this was the first mass market computer. steve jobs wanted technology to be accessible and made for the masses, and can that was the first computer that was incorporating all of those principles. the next thing that was remarkable was the i mac. this is a workhorse computer, but it was also a beauty. this is the first computer that brilliantly married form and function. and that's exactly the principles that he incorporated in every sickle product -- single product after that. then there was itunes, you talked about the lack ofg lugging around cds, you could take your music anywhere you wanted to go, and we've been live anything a new era ever since. and then there was the iphone and then the ipad. now, he didn't create the very first smartphone or first tap let, but he did put these categories on the map, and every single competitor has been chasing his products ever since. and i'm standing here, as you

mentioned, in front of the apple store on 14th street in downtown manhattan, and today we think about steve jobs' legacy. people are coming up here, and they're putting these post-it notes up, flowers and candles, and we're really thinking about the legacy of steve jobs. and i think it all comes down to a religion of sorts. he sought for excellence. he sought to push the boundaries, and he did it all his own through his own gut instinct and will and innovation, and i think this is one of the things that people are mourning and talking about today right here at this apple store in downtown. megyn? megyn: shibani joshi, thank you. pressure is mounting on attorney general eric holder to clarify his conflicting statements about operation fast and furious, that's the botched federal gun-running sting. president obama today backing mr. holder, but was that a risky move? and is it enough for republicans who are demanding more answers? and amanda knox enjoying freedom since her release from jail in italy. coming up, details on a possible

reunion with her ex-boyfriend right here in the states. and breaking news coming in right now in the search for ten-month-old lisa irwin, disappearing from her crib, her parents say, in the middle of the night on monday. we are trying to sort through some reports, literally just coming in to us here at fox. we will have that for you immediately of after this break. >> she's everything. she's our little girl. she's completed our family, and she means everything to my boys, and we, we need her home. i can't, i can't be without her. [ rge ] psst. constated? phillips' caplet use gnesium, an ingredient that works more naturally wityour colon than stimulant xatives, for fective reli of constipation without cramps. thanks. [ professor ] good morning students. today, we're gonna... ♪

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megyn: fox news alert, breaking news out of kansas city, missouri. missing ten-month-old lisa irwin, her parents say she was last seen sleeping in the her crib on monday night when her father got home from his overnight job at 4 a.m., she was

missing, he says. they were supposed to be with us live right now, parents, but moments ago a family member told us that they have rushed to the police command center to talk about some sort of possible new lead. joining us from the site is john, a reporter with our fox affiliate, wdaf in kansas city, missouri. he's right by the i win family -- irwin family home and can update us. so the parents were set to be here until one of the family members called us and told us they'd rush today the command center. what's going on? >> well, i talked to someone who was at the command post which is just about a mile from here a short time ago. they tell me that they saw the couple, deborah bradley and jeremy irwin, least -- lisa's parents, having an animated discussion with police. voices raised, arms flailing, that sort of thing. and then after it ended the parents got in a car and sped away.

now, police say that was, their emotions were in response to a report that police were beginning to search again a wooded area near this home. we've also learned that police gave them some names, and one of those names may have jogged a memory in the couple of a potential suspect or someone who might be able to shed some information on what happened to this little girl. megyn: all right. so i just want to back up because that's a lot of information. so someone witnessed a, quote, animated discussion between the parents and the police where voices were raised, arms were flailing, and then the parents got in their car and sped away? >> that's correct. megyn: okay. and -- >> then, i take it -- megyn: should be that the police consider informing them that they were searching the nearby woods again? >> reporter: that's right. that was the -- when we asked police, i asked police specifically about this emotional what was, you know, what we interpret as an emotion

aleck change, and they say, yeah, it did happen, and this is why, because detectives were notifying them that they were returning to a wooded area to search again. megyn: did the police officer suggest to you why they would be upset or angry or animated in response to that? >> no. megyn: why -- >> reporter: obviously, it's been three days. we're in day three, tension, i'm sure, is rising. i would be frustrated as a parent knowing that this investigation still remains at square one with police publicly admitting they really don't have a solid lead to go on as of yet. megyn: how far away are those woods, john? >> reporter: well, they'd be, they'd be behind this home, i'd say a few hundred yards behind the home. megyn: and have police indicated why they continue to focus on that particular wooded area? >> reporter: publicly what they've told me, megyn s that,

um, they haven't been satisfied with previous searches. it's one of the few useful things they feel like they can still do at this point having exploited every tool available to them in terms of trying to garner some information that could lead them in a direction to find this little baby. megyn: this case, oh. john, thank you. thank you very much. we appreciate i. well, listen, we will continue to follow this developing story. next hour we will speak live with the police department. we will get their reaction, and we will get them to update our facts on these new developments, and we will continue to stay in touch with the participants and try to get -- parents and try to get them on when they are done at the police station, so keep it right here. with diabetes, it's tough to keep life balanced.

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megyn: science fiction turning into science fact. scientists inventing, question, an invisibility cloak that could completely disguise just about anything. really? trace gallagher, really? >> reporter: really. really is the answer, megyn. i'm kind of exciting about this because it's pretty fascinating. i mean, this is harry potter style cloaking devices. they've within trying this -- been trying this for years, but this is actually called photothermal deflection. forget about the fancy term, let me simplify it for you. you know when it's really hot outside and you can see that blurring off the ground that kind of looks like a mirage? take a look at the picture here. well, that's actually the reflection of the sky, and it looks like pools of water, like a desert mirage, right? is. megyn: i see it. >> reporter: well, the cloaking device uses the same idea. they use carbon nano tubes which

are hair-like tubes, and they get really, really hot. and they create this layer of heat, and that heat bends the light away from the surface much like a mirage, and it tricks your eyes into thinking the object has disappeared. it's still there, it just disappeared, right? in fact, it's just that mirage effect. it's just blurring it. but the truth is they can use these nanotubes in a lot of different things because once they get them on a bigger scale, you could actually cloak things like planes, right? and rockets, resource husband coming home from playing poker with the boys at night, you know, they could cloak all kinds of fun thgs. [laughter] but really this is fantastic technology, and it's the first time i've ever seen something like this and scientists agree it actually does what this does that effectively. it's pretty cool, megyn, you've got to admit. megyn: it's great. i'm thinking i no longer have to worry about those pee stains my dog leaves all over the house. i'll just get these little cloaks, or if you have a

breakout, you don't have to put any clearasil on it, these could be used for a lot of good. >> reporter: still smell the pee stains, won't be able to see 'em them. [laughter] it's an important differentiation. megyn: it's a beautiful house, trust me. >> reporter: i was going to do this and say look, see, i was going to get a picture of the newsroom, but we couldn't get it up fast enough. we couldn't get the thing up so, you know, we're left with just the cloaking device. megyn: next time. thanks, trace. >> reporter: okay. megyn: well, the pressure's mounting on attorney general eric holder to clarify his conflicting statements about operation fast and furious, the botched federal gun-running sting. president obama this morning backing mr. holder. was that a risky move? and moments ago a new twist in the mysterious disappearance of little lisa irwin. her parents rushing to the police command center for a possible lead after an animated discussion with the police. we'll talk to the police at the command center. 4g-- the next evolution of wireless technology.

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megyn: new reaction from president obama after calls for a special counsel to investigate mayor cap chief law enforcement officer. house republicans demanding an independent investigator to determine whether attorney general eric holder lied to congress. questioning his testimony about the botched federal gun running sting that may have led to the rder of an american border agent. mr. holder said he only learned about operation fast and furious in april or may of 2011. but memos show he was told about this operation nearly a year before that. so why did he tell congress it was in may or april? a short time ago president obama made it clear he stands behind his justice department. >> i have complete confidence in attorney general eric holder. he has been aggressive in going

after gun running and cash transactions through the drug cartels in mexico. there has been a lot of cooperation between the united states and mexico. he indicated that he was not aware of what was happening in fast and furious. certainly i was not. and i think both he and i would have been very unhappy if somebody had suggested that guns were allowed to pass through that could have been prevented by the united states of america. he's assigned an inspector general to look into how exactly this happened, and i have complete confidence in him and complete confidence in the process to figure out who in fact was responsible for that decision and how it got made. megyn: william lajeunesse in washington with more. >> reporter: the ball is in the court of house oversight chairman darrell issa. we are waiting to hear his next move. the controversy involves a

statement made by the attorney general that he had not heard about operation fast and furious to until april of this year. but this morning investigators released additional document that show the attorney general received five briefing papers about the program 9 months before telling congress he just heard about the program. each document i.d.s fast and furious by name and says the operation supplied the mexican cartels with up to 1,500 firearms. the justice department claim the attorney general knew about fast and furious, just not the controversial details that our agents allowed those guns to go to the bad guys. but this is not over. recent document, plus comments made yesterday by the president's press secretary jay carney that were seen as dismissive and belittling to the

house judiciary chairman lamar smith lit a fire among some lawmakers who had not been dialed into this controversy before and now they are and they want briefing about it. many think a special counsel is not the right avenue. >> it is the responsibility of the united states congress to make sure that the executive branch and the judicious branch function at a high level. we ought to take a look at it. but i don't think the special counsel part is necessary. >> reporter: moments ago congressman labrador from idaho says holder is either lying or grossly incompetent and asked for his resignation. he has been asked to respond. asking for any and all emails of the top justice officials. there has only been one subpoena so far.

rather about 12,000, they have on gotten 2,000 which i why they say they feel the department is stonewalling, back to you. megyn: interesting, the reporter for cbs news who has been on this story from the beginning and breaking news on it is saying she was literally screamed at by white house staffers not to mention the justice department for her investigation into operation fast and furious and what the attorney general knew. she is claiming she got extremely aggressive pushback after asking questions about the botched federal gun running scheme. >> screaming at you? >> yes, the d.o.j. woman was yelling at me. megyn: eric schultz is a

spokesman for the white house. jay carney responded to that. >> michelle atkinson of cbs news is saying a white house official and justice department official was yelling and screaming at her. she has been reporting about this for some time about this whole story. you were a reporter once. when government officials start yelling at you it's because they are getting defensive, right? why would they be yelling at her. >> i have no insight into the conversations she may or may not have had. second of all know you guys are all hard-bitten veteran journalists and probably don't complain when you have tough conversations with resources sometimes. megyn: atkinson claim the white house told her she was the on reporter not being reasonable about this story. >> another fox news alert. concerning multiple republican

candidates for president. during a news conference president obama defending what he calls the frustration americans have with wall street and attacking gop candidates for their financial plans. take a listen. >> you have got republican presidential candidates whose main economic policy proposals is we'll get rid of the financial reform that are designed to to prevent the abuses that got us into this mess in the fir place. that does not make sense to the american people. they are frustrated by it. and they will continue to be frustrated by it until they get a sense that everybody is playing by the same set of rules. and that you are rewarded for responsibility and together right thing as opposed to game the system. megyn: joining me is form utah governor and presidential candidate john huntsman. was the president talking about you. >> i'm sure he was among others. he's not talking to the same

americans i'm talking to. they want a level playing field. they want a level playing field on fox policy, regulatory reform and they are not getting it. because there is so much red tape and uncertainty and it's so unpredictable in the marketplace, nobody is deploying capital expenditures into the market and people aren't hiring. it's specifically because of dodd-frank. megyn: the president says dodd-frank reins in wall street. >> let's look at the capital requirements hoisted on small businesses. let's look at the bank that get get to the life blood our economy. let's look at the too big to fail notion. the idea that a largest bank ultimately will look like public utilities. that impacts the cost of capital for small businesses. it leads to more bailouts.

megyn: the president seems to significant neal was willing to sign onto this tax hike on million airs. over 5%. now the senate is floating as a means of paying for his jobs bill. earlier he said shouldn't raise taxes in a recession. his proposed bill would raise taxes. but he seem to be in favor of this. >> we are missing the real issue here. we need solutions that are as big as the challenges we face. you do a little bit here on million airs and billionaires. that's a drop in the bucket. what americans are so frustrated is they feel the enormity of the challenges. they feel them every day. 15 million out of work and millions who are so disper -- so disspirited. the president has put together half measures and it's not doing

what this economy needs to have done. we need tax reform that fundamentally gets to the heart and soul of what's stopping this economy from getting back on its feet. we need regulatory reform and energy independence. if fired up it would infuse confidence into the marketplace and allow businesses to breathe a sigh of relief. we have been waiting for the big bold decisions on tarkss, predictability on the regulatory side and moving towards energy irnd even. megyn: the "wall street journal" has endorsed your plan for getting us out of this economic plan. nevada has moved up its date for its primary. and you are taking a shot at governor romney, saying he has tried to game the system with the nevada calendar saying if you are going to have christmas dinner in des moines, and in new

hampshire they aren't happy about a primary on new years, you have mitt romney to thank. >> i think it's inappropriate for presidential candidates to be micromanage can the scheduling and timing of these primaries. it should happen at a pace states and individual legislatures are comfortable with. not in a way presidential candidates are making recommendations. megyn: his people gave us a statement that says states determine when their presidential primaries are held. and they believe iowa's first in the nation caucus and the new hampshire first in the nation primary should be preserved. >> the romney campaign influenced its direction. i like new hampshire where it is. it's a great tradition and served this country mighty well. the fact that we continue to

move up the states. i think it it's a complicated process so deep into the elect season. megyn: you know your polling is not very good. you are down by the bottom. but a lot of people really like you. the "wall street journal" like your economic plan. how are you going to turn it around? >> new hampshire. watch new hampshire. that the first primary in this country. this is where people listen to the candidates. unless you can make the sale to the good people of new hampshire, you are not going to make it. we have gone from zero to knock on the door of second place. we worked it hard. 75 individual events in new hampshire. i like our chances there. we'll do very well. new hampshire has a way of upending conventional wisdom. keep your eye on new hampshire. megyn: we'll see you there. there are new questions about

attorney general eric holder. and what he knew about operation fast and furious and when he knew it. we'll speak with a former u.s. attorney who worked hand in hand with the justice department. shakira she is apparently going to be advising the president of the united states. wait until you hear on what. new developments in the man salute were trial of michael jackson's personal doctor. why the defense is going after the coroner's office. >> would you agree you made a substantial number of miss nation your investigation of this mistake? >> no. >> would you agree with me if you don't take notes, you don't keep your notes, that's bad investigation, that's bad investigative work? would you agree? >> no.

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megyn: the attorney general of the united states facing tough questions about what of did or did not know about a gun running sting that went wrong. it went so wrong a border patrol agent could be wrong as a result. rinse to jay carney's response to the republican request fear special counsel to investigate this. >> there has been one call, i think it's a biannual call from this congressman. the attorney against testimony was consistent and truthful. he said in may he became aware of the questionable tactics employed by "operation fast & furious" when atf acts first raised them publicly. megyn: we'll talk to a former attorney who worked with the justice department. he is one of those calling for a

special counsel to investigate this matter. of is congressman treygowdy of south carolina. why is the special counsel necessary here. >> people need confidence in the department of justice. when the top official gives a false statement to congress, both answers could not have been corrects. in you say in march and pay both i learned a few weeks ago, one of those answers has to be incorrect. he was a direct unambiguous question an gave a demonstrate ably false answer. if we have to have confidence in the institutions of justice and the top law enforcement official in this country, i don't think that's too much to ask. megyn: the justice department

essentially said what he knew earlier, what he knew a year earlier before that exchange with is a was operation was mentioned. but not the specific aspects of the program that was most controversial. that guns were being allowed by u.s.atf agents to go from america down to mexico. that we were sanctioning that. they were going to bring us the bad guys. we lost 2,000 guns and they winds up in the hands of the bad guys and an american border agent dated. they are saying he knew about the operation but he didn't know about the controversial part. why do you reject that. >> there are memos that mention gun walng by name. we asked department of justice officials. every once in a while they will send somebody to judiciary, usually a person with the least information so we can get a series of "i don't knows."

by specifically gun walk is mentioned. gun walking or the gun walking? it's when you let guns walk, you know they are contraband, and that you have a legal right to seize them either arrest or seize them with a search warrant and you let them go. you don't do surveillance on them, you don't put gps on them. you literally let them walk. megyn: let me stop you there. i want to read the memo. there is a series of emails back on october of 2010. this is well before holder says that he knew about "operation fast & furious" and the controversial stuff. the deputy assistant attorney general in the criminal division is corresponding with the acting chief of the organized crime and gang section. one of them write to the other. it's not going to be any figure

surprise that a bunch of u.s. guns are being used in mexico so i'm not sure how much grief we get for quote guns walking. it may be finally they are going after people who sent guns down there. your points is this is october 2010 where high-level d.o.j. officials are talking about guns walking and holder is trying to tell u.s. congress he only found out about "operation fast & furious" the controversial part in april or may of 2011, so why are his top deputies talking about guns walking in october 2010. >> in december of 2010 a border agent named brian terry was murdered. so if the united states department of justice and the attorney general is not being briefed on the fact that a border patrol agent has been murdered and guns found at the crime scene may have been part of the "operation fast & furious." he's either so disengaged from his job that he needs to find another one or he gave

demonstratable false testimony moan to to congress. >> you get access to a grand jury and have all of the accoutrements of a federal investigation. you have a retired federal judge orca rear prosecutor and you depoliticize it. i take no delight in criticizing the department of justice. but if we don't have confidence in our top law enforcement officer we won't survive as a republic. megyn: thank you for being here. we have breaking news in the case of missing baby lisa irwin. her parents were supposed to joins. but breaking news, the police coming up.

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megyn: their hits don't lie and hopefully neither does she. president obama planning to appoint grammy winner shakira to his advisory commission on educational excellence for hispanics. she found the barefoot foundation in 1995. it educates and feeds thousands of people in south america, africa and haiti. it also distributes educational materials to students across south america.

a brand-new effort to bring nazi war criminals to justice. 7 defend kade after the holocaust -- 7 decades after the holocaust they are hoping to find thousands of suspects and put them on trial. trace? >> reporter: those going after this nazi war criminals say time is the enemy here because after 60, 70 years, there might only be a few hundred possible suspects out there. but this 11th hour effort is worth it because they could end up prosecuting dozen, maybe more than that, of people for war crimes. they are re-examining files and rescanning evidence. this comes on the heels a man put on trial and convicted for

his role being a guard at a nazi war cam. it was proven he was a guard at a camp established for the sole purpose of extermination. the question for the new prosecution would be whether former guards can be convicted if they worked at camps where the sole purpose was not just murder. he's now free in germany for the time being. he's 1 years old. but a lot of -- he's now 91 years old. but a lot of holocaust survivors are applauding this. megyn: a new round of questions about attorney general eric holder. many say they have see a pattern of misleading testimony by america' top lawman. new developments for the search of a missing baby in kansas city. this baby's parent were supposed to joins live.

instead we are told they had an emotional heated exchange with police officer and rushed off to a police command center when learning the police were going to search nearby woods again. we'll get the latest right after this break. road trip buddy. let's put some music on. [ woman ] welcome to learning spanish in the car. you've got to be kidding me. yeah, this is good. vamanos. vamanos. vamanos. gracias. gracias. gracias.

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megyn: . a possible lead in the search for a missing baby girl. police in kansas city look for

10-month-old lisa irwin. the last time she was scene according to her parents was monday night when the mother says she put the baby to sleep in her crib around 10:30 p.m. lisa's parents were supposed to speak with us in our last hour. but we are told they returned off to a police command center after an emotional exchange with officers. i know you are doing all talk get to the bottom of this case. first and foremost, this report from our report on the scene who spoke with police that there was an animated discussion between police and the parents, voices were raised, arms are nailing, after which the parents got in their car, sped away to the police command center, and the topic being discussed was the police searching the woods near the parents' house. can you confirm nip of that or

expand on it? >> what happened was the mother and father found out that we were back in the woods again. they thought there was a new development and they rushed over to the command post to find out what was going on. megyn: was there a new development? >> no. you know, i have said many times. we have been in that wooded area quite a few times. after they got to look at it and talking about it more, there is a part of that wooded area that is thickly wood and they wouldn't 100% satisfied they covered it enough. megyn: why were the voices raised and the hands nailing? >> the on thing i can imagine is first all wasn't there for the conversation. but if you are the mother after missing child and you think there is a development, i would expect anybody probably to go as fast as they could to the command post to find out what was going on.

but they continue to cooperate with the police. everything is fine. they just assumed that maybe we had a big break and they wanted to finding out what it was. megyn: a family member of the parents is telling us the parents -- something hopeful happened today because the parent said something about having a name suggested to them that refreshed their memory and they wanted to communicate that to the police. can you tell us about that? >> i can't confirm that. i don't have information on that figure detail. by that probably is true. it make sense. as time goes by i imagine they are jogging their brain to think of any person they haven't told us about. it make sense, and the same thing is going on. we'll check out any lead we get. and unfortunately nothing panned out yet. megyn: they discovered all three of their cell phone were

missing. have you looked into that? have you been able to locate the cell phones by their pings and other methods police use in tracking cell phones? >> i can confirm the family told us there are three cell phone missing from the residence. in regard with what the detectives have done with that i don't have that information. but i would challenge anybody to try to think of something we haven't done and we have probably done it tce. megyn: it's starting to feel a little hope le only because we are now on thursday, and this little baby disappeared monday night. they say normally these children are not found within the first 24-48 hours, the outcome is not that hopeful. do we have reason to stay hopeful this case? >> we still have tips coming in. we worked many things from the tips hotline and leads we developed ourselves. i can say there have been a hand funl of things we got excited

about. as soon as we dug into it more and figured out what it was it wasn't what we wanted it to be. but wore not -- you can say we are press trade but we have no plans to shut the manned post down. there is a 10-month-old that's missing so what aren't we going to do. megyn: do you believe she is still alive, sir? >> i don't know and we don't have any discussion about that. we are just pressing forward. leads come in, we are tracking them count best we can. and i know people are speculating after going on three days or so. but that doesn't change anything that we are going to do. megyn: all the best to you and your department, sir. thank you for being here again. >> thank you, we appreciate your help. megyn: new developments today, new questions about attorney general eric holder and whether he might have lied to congress about what he knew of a gun running sting that went wrong

out in arizona. some critics seeing what they call a pattern of mix -- of misleading testimony. charles krauthammer suggested he can always earg didn't know. >> there is a history here remember i think it had to do with the arizona law he opposed before congress an what is asked if he had read it. and he said no. it's not a long bill. so that was a rather startling admission of incompetence. so perhaps incompetence will be his defense. he will say yes, i got the memos but i never read them the same way i never read the arizona law. but it's a hell of a defense if you are the attorney general of the united states. megyn: simon rosenberg, and rich lowry. simon, critics are pointing to that, they are also pointing to the fact that eric holder as the attorney general of the united

states, if he didn't know about this operation should have and should have been clear in answering that question, when did you first hear about operation fast and furious about exactly what he meant and not given the answer he gave. >> i think there are three important thing. there has been nothing you put up on the air that anybody else has shown that contradicts anything the attorney general has said. what he said was he found out about this particular problem in the program a few weeks earlier. clearly he knew about the program earlier. he had been briefed on it. it was a well-known program. i think this is a bunch of of fooey. on the specific program itself. the bush administration ran a similar program called operation wide receiver. megyn: it's not about the operation. this is about whether eric holder misrepresented about what he knew about the operation. >> there is nothing that contradicts anything the attorney general said so far.

megyn: rich, is that true? >> he obviously gave a false answer to congress. the defense he's going to as charles krauthammer eluded to -- alluded to. he said he didn't answer the question. it was a simple plain question. it wasn't subtle it was a frank question. when did you know about the program. he gave what was the most politically convenient answer which happened to be false. i just learned about it a couple weeks ago. now he is saying he was asked about the most controversial aspects of the program but that not what he was asked. if this were a republican attorney general who gave false testimony money before congress there would be a firestorm in the mainstream media. we would be read big it every day on the front page of the "new york times" and there is nothing like that here. megyn: there is no smoking gun showing the attorney general

knew about the most controversialing a expects of this program that i have seen. but there is this october 2010 memo between some top dogs at justice department that show they knew about -- and i quote, they say i'm not sure how much grief we get for guns walking. they are talking about this program. they are talking about guns walking in october 2010. these are top d.o.j. officials. if they knew about guns walking in october 2010. why didn't eric holder know about it then? >> guns walking has been a policy of the federal government long before barack obama's administration came on. it was a commonly used program. there were problems with the program and it's been discontinued. but this is something that had been going on prior to barack obama and eric holder being in the program. megyn: we are talking about the willingness of our government to let it happen, and what the justice department is saying is

attorney general eric holder did not know about that until may of 2011. if you are telling me that was going on during the bush administration when eric holder took over. which is it? it has been going on the whole time and he knew the whole time? >> the program had been in place. when the specific problems came up with the program, with the guns, there were too many guns unaccounted for. there was the shootout on the border which is why we are talking about this where a drug agent may have been killed by one of the guns, we don't know that. it got bumped up to a higher level and the atf head was removed and the program was discontinued. so the administration dealt with this as a broader strategy of cracking down on the border. this has been a successful administration in capturing guns. megyn: let me ask you this, rich. folks are pointing to eric holder's testimony when he was trying to become attorney

general of the united states when he was being confirmed. you heard krauthammer talking about the arizona laws. one of the controversies was his role in the mark rich pardon. there was a big controversy over that because he helped get that pardon and this is a bad guy an later had this exchange with arlen specter, we don't have it? we don't have it. specter said did you know about mark rich's background? and holder said, no, i was not. and that was one of the mistakes i made. i did not acquaint myself with his record. i knew the matter involved was a tax fraud case it was a substantial tax fraud case. i my was a fugitive. i did not know a lot of the underlying facts and that committee had harsh words for him back then. i think they had called his lack of knowledge unconscionable. so is this a pattern? >> let me lodge my complaint because i cannot get enough

arlen specter video it's a shame we don't have arlen to watch here. it's another instance where he's extremely slippery. he's apparently dishonest about what he knew. and this guy has now quite a number of controversies and instances of ineptitude to his name. one we haven't discussed is the ksm trial. he wanted to bring ksm to new york city to try him. absolute firestorm. even democrats couldn't abide the idea. the problem with eric holder web's a highly political lefty who is unsuited for this job. i doubt president obama will throw him under the bus, but if there is a second term he won't be there. megyn: he stood by him today. coming up, a new strategy for dr. conrad murray's defense team. [ male announcer ] it's a fact:

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megyn: the nation's retailer expecting a greener christmas than last year. and new report predicts a 2.8% jump in holiday sales. that would be smaller increase than 2010. the report warns retailers in areas with high unemployment will still have a challenging year. "kelly's court" is back in session. poking holes in the prosecution in defense of michael jackson's personal doctor. the l.a. county coroner's offers on the stand in dr. conrad murray's manslaughter prime. defense attorneys pointing out what they call were several mistakes made by medical examiners. disputing much of the forensic evidence against dr. murray. >> this syringe has your fingerprint on it, right? your thumbprint. right? >> i don't know if it's thumb or

finger. i don't know which finger. >> did you move this to the table? >> i did not move that. >> you don't consider any of that a mistake. is that what you are testifying? >> a mistake? no. megyn: joining me lis weihl and mark eiglarsh. what are they trying to establish through this coroner and what happened the past 24 hours. >> the coroner's investigator. what she is trying to establish. look at all the bottles and medication that michael jackson was on. we are going to admit that michael jackson was an addict. but conrad murray his doctor knew about all those medications. look at all of those bottles lined up. he knew about that, megyn. he knew about that and did nothing. he enabled michael jackson, gave him more propofol. that what she is there for. megyn: these were the drugs taken from michael jackson's

room? >> incredible. megyn: the cross-examination, what is the defense trying to prove through this coroner? >> they are saying the crime scene was contaminated. don't kill the messenger but that's what they are trying to allege. megyn: the coroner blew it. her fingerprint shouldn't have been on that needle. that she destroyed her notes. these photographs were taken on the 29th. for four days the scene was not secured. so you can't count on the scene on the 29th being what happened on the day in question back on the 25th. that's number one. number 2, you are got her touching things that she shouldn't have touched. things that should not have been left on the crime scene. they should have been taken to the lab like the orange juice by michael jackson bed which i think the defense will say which is what moij drank after pouring the propofol. >> can i step in on that

fingerprint? that was a huge miscalculation by the defense. there was a big deal there was no fingerprint on the propofol, but there could have been. maybe was wearing gloves. i don't know. but now the coroner's investigators barely touches it and leaves a partial print there that tells you the michael jackson's prints were over that or he handle it once there would be a finger prirnlt. huge miscalculation by the defense. >> they are not necessarily going to credit anything that she is saying. they will question her and wonder dish destroyed your notes on one of the visits. megyn: i want to get to whose fingerprints were on these medications. we'll talk about that right after this break. le announcer ] there are only so many foods that make kids happy. and even fewer that make moms happy too.

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tell us what it is. >> conrad murray's fingerprints on the propofol meg -- megyn: that he didn't administer. >> a partial prints. we have no michael jackson print it's a huge thing for the prosecution. conrad will say, look, well, you know, i did administer but i only -- this drug that is not suppose to be administered anywhere else but a hospital. >> do you think the defense would have come out in opening and said michael jackson administered the fatal dose of propofol without having a theory they are going to advance how he could do it without his

fingerprints being on there. >> of course they have a theory. it hasn't been their chance to come out. but so far everything we are seeing from the prosecution belies any of that. megyn: let's say the jury buys the fact that michael jackson gave himself the propofol. he gave him a little bit, but not a lethal dose. michael jackson sneaked the rest in. the prosecution is atevmenting to prove dr. murray should have been monitoring instead of on the phone with his girlfriends. instead of taking care of him. >> it's still gross negligence. >> i speak to the fact that two beautiful women are ganging up on me. number two, i absolutely agree with you. this is a problem i have. he shouldn't have don't. personally and professionally i have a problem with it. however, that's plan b. the prosecution said in opening

statement number one that it was conrad murray, not michael jackson who administered the fatal dose of propofol. that's plan b to say maybe michael jackson did it but conrad murray was irresponsible for giving him access to the propofol. >> when they get to closing if the case goes forward. when they get to closing they don't need to go to plan b. >> they might have to. >> i disagree with you. megyn: somehow managing to redose himself. >> and put the catheter on. it doesn't work. physical it's impossible. megyn: the prosecution appears to be wrapping up. panel, thank you. folks, we'll be right back. [ male announcer ] it's a fact:

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>>megyn: thank you for watching, everybody, "studio b" with ship