breaking right now in the case of missing missouri baby lisa irwin. welcome to "america live" i'm megyn kelly. less than 24 hours after making a desperate plea to the public for help the parents of baby lis arunder the police microscope. the baby's mother admitting today that she failed a polygraph or police said that was administered by law enforcement and police accused her of having something to do with her daughter's disappearance. a law enforcement says that mother, debbie, quote, failed miserably that lie detect toker test and started sweating, this is according to the police, when the f.b.i. informed her of this. and there is much, much more breaking right now. trace gallagher picks up the story from there. trace. >> reporter: the local affiliate giving more bombshells in this case, megyn. remember it was very key when

the mom said three of the cell phones were missing when they went to the room and saw little lisa missing. three cell phones missing. police are investigating whether or not the mom made a phone call on one of the cell phones at 2:30 in the morning. that could be a very critical piece of evidence. right now the parents are doing a lot more talking than police. police say the parents are no longer cooperating. they won't say much beyond that, but the parents are now saying, as you said, point-blank, the cops have accused them of being involved in this. debbie bradley the mother says at one point the police actually sat her down, help put a picture of lisa on the table and they said, look at your baby. do the right thing and tell us what happened to her. what did you do to her? and that the mother said was just part of it. she says they told her she failed a lie detector test miserably and she was sweating and then did not want to give her husband a lie detector test

because his story checked out 100%. when the husband found out the wife failed he also wanted to stop talking to the police. here is the mom on the today show talking about the polygraph, listen. >> i don't remember which one it was, but they just kept saying, i failed, i failed, and i said that is not possible. and i mean, what do you say when someone tells you that, and you know you didn't do anything. >> reporter: remember the critical timeline here, megyn, the mom said she put the baby to bed at 10:30. the dad came ohm at 4:00 in the morning. the window was open, the lights were on, the door was unlocked and lisa was missing. it was the first time the dad worked an overnight shift. it was the first time the mom had left the front door open, and all three cell phones were missing. police trying to get the krepb phone records, track the pings on the cell phones to see if

they can corroborate the story. the police speaking out about the parents not cooperating, listen. >> the cooperation much the parents we believed they live in the house, they intimately have information of what's been going on. they know the child. they were maybe one of our best bets to help find this child, yeah, our door is open and it doesn't help the investigation. >> reporter: remember, nobody yet has been charged in this. the parents and the police are clearly at odds, you see on the left hand side of the screen lisa irwin has been missing past the critical 72-hour mark, megyn, that is a major concern while all of this posturing is going on. megyn: trace, thank you. joining me now by phone with a closer look at these breaking developments is mark fuhrman, former l.a.p.d. detective and a fox news contributor. mark, thank you for being here. i want to start with a couple of bomb shells coming out of our local reporting. again with our local wdaf. i want to get to number one,

that they are hearing that the mother may have used her cellphone to make a call at 2:30am on the morning that baby lisa disappeared. her story had been she put the paeub down at 10:30. it wasn't until 4:00am that her husband got home from the overnight shift that he first realized the child was not there. if she made a phone call at 2:30, she told the police all three of the cell phones were, quote, missing. they said they believed that whoever took baby lisa, the parents said, may have taken the cell phones to stop -- to slow down the calls to police. if she said a phone call during the time she said she was a sleep on a cellphone that is supposed to be missing, where do you go with that as a detective? >> it's a great interrogation piece of information, megyn. it's obvious that that is something that you would want to have her come up with right from the beginning. i was up at 2:30, i made a phone

call, but she didn't say that. that means she is concealing something. the cell phones were always a red flag. you have somebody that comes into a house, takes a 10month-old baby and manages to find three cell phones and take them for what purpose? megyn: that is a good question. and is there a thought, mark, that the parents, or one of them might have done something to those cell phones, maybe texted if something had happened in that house, texted, or made a phone call and not understood that those records, even if you get rid of the cell phones are of course retrievable by police? >> absolutely, megyn. people think that the information is in the phone, the information isn't in the phone. you make a phone call, unlike a regular phone if it's a local call it does not record that information, but cell phones regard not only the phone that is sending but the phone that is receiving, local or otherwise. this is something that is an

inch tan taeup instantaneous record that you can't get rid of by getting rid of the phone. it sounds like a very desperate, last-minute attempt to delay and hopefully prevent somebody from actually getting those records. megyn: again, that's what it sounds like to mark fuhrman, a law enforcement expert. it's not necessarily what happened. we are getting this breaking news as you are, and the police have said that these parents are not sy ape no longer cooperating with the police investigation. i want to get to the other piece of breaking news on this mark, which is the parents came out this morning, the mother debbie admitted that the police told her she had failed the polygraph. she says that's impossible because she was telling the truth. we are hearing our local affiliate from a law enforcement source familiar with the case that not only did she fail, she quote, failed miserably. i know sometimes police will tell somebody they failed the polygraph when in fact maybe

they didn't. this law enforcement officer confirming to our local affiliate that she did fail, and she failed miserably and started sweating when the f.b.i. informed her of this. then said she wanted an attorney and they had to stop the questioning. they had no interest in giving the husband a polygraph because his story checked out 100% that he was at work. he was helping to construct a new starbucks in town. for a law enforcement to be telling a reporter that the mother failed and not just failed but mays ral plea and started sweating, what are they doing here, mark. >> first they gave the family the benefit of the doubt, they went for her story. they went for a kidnapped lost child that had been taken. they investigated all the family dynamics, exrelationships, possible relationships, they are giving them the benefit of the doubt i think for a long period of time. when they came to zero ingress or egress of somebody that did

not live in the house going into the house, when they saw all the red flags go up they came to a point where they had to do this. once they did this and she failed miserably they released this information, maybe under the radar, because she law erred up. and when she lawyered up she failed miserably. the questions she failed miserably were no doubt, do you know where your daughter is? do you know what happened to your daughter? did you have anything to do with her disappearance. megyn: i need a quick, quick answer on this. in your experience as a homicide detective is it possible for someone to fail the polywhen in fact they were telling the truth. and we saw a very tearful mother there who you want to believe. is it possible to come out and fake that kind of distress? >> megyn if you have the right person giving the polygraph all the test questions considering their present, physical and mental state, if they are a good candidate to take that test it's

99.9% accurate. megyn: we continue to await more on this case from the actual parents who had agreed to come on this show and offer us an interview and we would like to take them up on that offer still. so far today no luck in finding them, although they promised us they would be on yesterday. mark fuhrman, thank you to you. we will have the detective who has been speaking with us on this case shortly. you heard the soupbt bit sound byte from him earlier. he will be joining us live. he is the police captain involved in searching for little lisa irwin. i will ask him about all of this evidence and we will continue to follow this for the next two hours as we attempt to update our information. the latest information from police is that the parents are not cooperating but that they are not suspects. we will continue to report as we get new developments. fox news alert for you as well. new reaction coming in from the house to today's new jobs report showing the unemployment rate for september at 9.1% again.

103,000 jobs were ordered, but about 45,000 of those were verizon workers who returned to the job after dropping off the payroll in august due to a strike. the white house says the jobless rate is still too high and needs faster economic growth to get americans back to work. chief white house spore respondented henry live in washington. >> reporter: these numbers were better than expected. analysts thought there would only be the creation of 60,000 jobs. you're right if you subtract the verizon workers essentially being rehao*eurd you'd be right where the analysts expected. jay carney when asked if he believed the president should be reelected given the fact that he himself told abc news at the beginning of this week persons americans are not better oven they were four years ago and also the numbers continue to show that unemployment is stuck at 9.1%, carney insisted the president should be reelected because of his vision for the

future, even east being acknowledged these numbers are still bad. >> we need to take action to do something about the economy today, because what is -- is the answer that washington should just wash its hands of the problems that we are facing? that we should do nothing? and if so, explain why? >> reporter: if there is any silver lining for the administration it's just that there has been private sector job growth, but as carney pointed out there continues to be layoffs in the public sector, teachers in particular, that's why the president's jobs bill focuses in on that in part, but there is one problem with that, yesterday when the president was at his news conference he said he had met a man recently from massachusetts who had got even three pink slips and said you need to pass this bill in order to make sure that people like him get back in the classroom. the "boston herald" turns it out, and jay carney confirms. the president didn't actually meet this man e. was at the white house, they got close to each other at the rose garden, they didn't actually meet.

the man does have a job right now. jay carney inch sillsed that the president's broad principle was true that teachers need to go back to work. megyn: new fallout today in a botched gun running program under intense scrutiny from lawmakers. nine arizona sheriff's want to know more about the attorney general's role in operation fast and furious and so does the family of murdered border agent brian terry. they join us live right there. a muslim woman says she is still traumatized after being kicked off of a southwest airline flight. she is taking the airline to court claiming discrimination. we'll have the latest on that. scott brown accused of taking an unfair swipe at his opponent elizabeth warren. >> have you officially responded to elizabeth warren's comment about how she didn't take her clothes off? [laughter]

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megyn: fox news alert back to our top story. we're getting more developments in on this case of the missing baby, lisa irwin, ten months old. she went missing according to her parents on monday night. her mother claims she put her in her crib at 10:30pm. she was woken up by her husband at 4:00am after he got home from his overnight job saying she was not in her crib. the parents claim she is missing. the police are developing a very different theory. cat lee flynn joins me live from kansas city, missouri. kathy there are several breaking developments in this or story that you are reporting. let's go through them. let's first talk about this breaking news on her, quote, failing miserably the polygraph and the sweating. >> reporter: yes, she was -- she took a polygraph test. they really never wanted one from the father jeremy irwin. they said his story always seemed to match up, no problems with that. they wanted a polygraph from

her. according to the police officers early this morning, we've been here on the scene, the house is right behind me where the little girl was last seen in her home, and apparently the mother's story just never could add up to the other stories. that's why they wanted the polygraph. she said that police and detectives were accusing her that the polygraph test that she failed it, but you either pass or you fail a polygraph test. a few moments ago deborah bradley's aunt came by to talk to us and confirmed that indeed her niece, deborah badly did fail that polygraph test but she wanted to make sure that people knew because word was going around that possibly deborah was trying to lawyer up. she says the the family does not have a lawyer. they didn't want to talk to any more local media today, they only want to talk to national media. local media is the one that is reporting this much more all the time trying to get the word out about this baby and neighbors are actually putting these posters up, fliers up on light

polls in the neighborhood. they are all very concerned about little lisa irwin. megyn: we had heard earlier that there were unconfirmed reports, law enforcement was note confirming, there were hrorts on site where you are noreports on site where you had not did not have any hits on the baby's scent but possibly had scents from the mother near the river. >> reporter: no hits from the tracking dogs. the police dogs have been out here hours at a time. they have had no hits. they were tracking and did not get anything on the mother at all, megyn. megyn: what of this report that the mother may have used her cellphone that she said went missing the night that lisa she says was abducted, that she may have used that phone at 2:30 in the morning when according to her earlier story she was a sleep. >> reporter: yes, that's what we

are hearing as well. the source is telling us very close to the investigation that she has a known call during the middle of the night. this just came down, megyn, apparently jeremy irwin is talking to police right now. not sure exactly what is happening there. the family is telling us that jeremy irwin is talking to the police right now. wanted to let you know the very latest. megyn: that is important. the police earlier had said they stopped cooperating. jeremy irwin said on the today show he had reached his boiling point and said i can't do this any more i need a break i can't answer any more questions. the police came out and said the parents are no longer cooperating. the family came out and said we are cooperating, we just needed a break. now you have a report that the father -- the report is just the father not the mother talking in there with the police at the moment? >> reporter: just the father at the moment. up until this point that i told you they had not contacted detectives or police. we've been checking on it all morning to make sure because the police say, hey our door is open, we want to talk to them. we want them to cooperate so we

can find this little girl. up until this time when i told you the father is speaking to police, there were no reports that they had talked to the police at all or contacted them. megyn: kathy quinn, thank you. let us know if you get any other information. >> reporter: okay. megyn: wait, she's got something else. >> reporter: okay, family is telling us that jeremy is talking to the police, detectives have just confirmed they have not spoken to the father. i wanted to let you. megyn: to the mother you mean. >> reporter: no, no the father. i just told you that the family had told us that jeremy irwin had talked to detectives and was talking to police. we have just got even confirmation from the detectives they have not spoken to the father. megyn: okay we'll take that for what it is a little bit of a conflict there. kathy thank you again. here is the status as we know it. folks. i want to under score we'll be joined by the police captain in an hour right here i will ask him these questions directly,

he's been very forthcoming. we'll run this all by him. they are looking into reports that the mother may have used her cellphone to make a phone call at 2:30 in the morning the morning the baby disappeared. law enforcement claimed she failed miserably this polygraph and she was sweating -- i don't know about the sweating, whether you failed and you didn't deserve to fail or you failed and you deserved to fail you're probably going to sweat when the f.b.i. tells you that. the f.b.i. has no interest in giving her husband a polygraph. his story checks out 100%. much more on this as we get it. president obama says congress should pass his jobs plan because it's a collection of ideas supported by both parties. is that true? a facts check and a fair & balanced debate ahead. >> if it turns out that there are republicans who are opposed to this bill they need to explain to me, but more importantly to their constituencies and the american people why they are opposed, and what would they do?

megyn: fox news alert a fiery train derailment forcing an entire town of people in illinois to evacuate their homes. it happened about 100 miles west of chicago, a freight train loaded with ethanol crashed annex employeded. dozens of rail cars left strewn about, many burned to a crisp. look at the pictures. at the height of the fire massive fire balls and plumes of smoke could be seen for miles. fortunately, amazingly no one was hurt. 800 evacuees were take tone a nor by high school. no word on what caused the train to derail in the first place. what a depressing animation isn't it? shattered dreams, and yet it's appropriate. i mean, you know, needy say

more? housing market. new numbers showing that the american dream of home ownership taking its biggest hit since the great depression. according to the census bureau the home ownership rate fell to just over 65% last year, and analysts say we may never see it return to its peak of nearly 70% reached just a few years ago. rich from the fox business network is here. >> reporter: more than 65% of americans own their home. it's pretty good. the census bureau says that percentage is the second highest on record. between 2000 and 2010 the rate of americans owning their homes fell by 1.1% average point. doesn't seem like much, but it is that is the steepest drop in home ownership since city 30 to 1940. the reason a great recession, high unemployment and a troubled housing sector. those problems persist despite record-low mortgage rates, sales are sluggish and many americans

are having a tough time securing approval for a loan. with 14 million americans unemployed folks either have trouble staying in their homes or buying them. as for the states with the highest rates of home ownership west virginia comes in at nearly 75% followed by minnesota, michigan, iowa and delaware. new york 53%. plenty of renters. the report finds renters usually out numbers owners in the country's largest cities. megyn: president obama aggressively challenging republicans saying his proposals on jobs are based on ideas republicans have supported in the past. but is that true? we did some fact checking, we break it down for you right after this break. it is a big day in the trial against michael jackson's personal doctor. this is something that everyone had been anticipating and it happens in moments. never before heard police interviews with dr.~conrad murray hours after michael

jackson died. they are finally being made public. we've never read a transcript, never heard the tapes, but we will in moments and we're there live. the new twist in the case of a missing baby girl from missouri. police saying the 10month-old's mother failed miserably a live detector test. we will speak live with the police. >> i'm the sister of jeremy. we saw the press conference at 7:00, and want the public to know that we have never stopped cooperating with the police. we've been cooperative from day one and we continue to assist the police with the investigation. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

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megyn: president obama in a lengthy news conference yesterday challenging republicans to get behind his jobs bill, claiming that the ideas the white house has been putting forward have been supported before by both sides of the aisle. listen here. >> every idea that we put forward are ones that traditionally have been supported by democrats and republicans alike. megyn: but is that true? our panel did some fact-checking. and they are here to tell you what they found. joining me now, alan colmes host of the alan colmes show and mike gallagher syndicated radio host and fox news contributor. gentlemen, welcome. >> hi. >> hi, megyn. megyn: it's not just you guys, i believe it was the associated press did a fact check on this and found that the president may have been overstating the case a little bit on that claim.

>> no, no. megyn: and some others. as it turns out, mike, republicans really aren't the problem on the jobs bill. they are part of the problem but they are not the only problem. the ap pointing out that it's really been the senate democrats who have been putting the brakes on the president's approach. >> i mean, the truth of the matter is from my side of the aisle as a republican, we are just treading water until november of 2012. it's not a mystery. there is no reason republicans should accept any aspect of his jobs bill when it's a retread of an already failed economic stimulus that didn't work. all we are trying to do is hold our bet until we can replace this administration next year. more fact checking, megyn as you know the president also stood at that podium and totally made up a story about meeting a teacher from boston whose job we need to save. this poor guy has got even the pink slip three times. the baston herald reported number one not only had he not even met this teacher ever, the teacher confirmed it, but number two the teacher is happily

employed. yes he was fired three times, got three pink slips, always recovered and got his job back. the guy is filled with lies and distortions and campaigning right now. you can't believe anything that comes out of his mouth. megyn: ed henry mentioned that at the top of hour. >> i didn't know that story. megyn: ed henry confirmed that that is what the president did, and it does not turn out to be true. >> i don't know that particular story. the idea that we'll call him a liar, let's call him names. megyn: it's the ap saying that he misstated the facts, they are not calling him a liar. >> was it ill intent, was he a purposeful liar, does he want to mislead america. is he giving us a r-bg and ruin. >> yes. >> i know mike gallagher thinks that. the broader picture is a plurality of independents and a majority of moderates agree with his jobs plans. most americans agree with his jobs plan congress has a 14% approval rating and there is a reason for that. megyn: but you're off topic.

the president came out yesterday and said why can't the republicans get behind this. they supported it in the past. >> democrats are wrong. i'm not here to defend democrats. megyn: it's not a question of whether or not they are wrong it's a question about whether the president is mis misstating the issues to the american people. >> i t tnt is getting a bad rap here. he has a very popular plan, a odat merates.popular wit ifou g t poll aft l -- lete just fin this t thingsee iadadti like pul tasf a ican tax cut that they don't lese es oma fort. megyn: n youe back otai wai w w sty.

of demonizing billionaires and b creators. i guess stupid ties contagious. >> all of a sudden you are supporting the tea partiers and that is a great populous movement. it's not funded like big corporate movement like the tea partyers were. you've got a double standard my friend. megyn: we had that debate coming up in our next hour. we don't wantoo it here with you guys. >> sorry. megyn: the question is whether the president has been forthright on this issue. >> he has not. megyn: he initially came out under the buffet rule billion heirs like warren buff yet are paying less in taxes than their secretaries. then he was excoriated.

and they said that is not true, maybe it is true with warren buffett with all his investments. >> let's go after the guy for correcting himself, let's kill him. come upon, megyn. megyn: he didn't correct himself. >> of course he corrected himself. >> he doesn't tell the truth. megyn: i'll leave it at that. gentlemen, thank you both so much. we'll look forward to that other debate on the wall street protest in our next hour. megyn: now that is a fancy animation that i really like. >> where would america be without him? megyn: oh, i interrupted the deep throated announcer. a big day here at fox news, we are celebrating 15 years on the air. here is a look back, a quick look back at our first show ever on the channel. this was 1996. >> good morning, welcome to fox news channel. >> thinks fox news now all the

news you need in 15 minutes. good morning, everyone, i'm allison conserini. topping. >> topping our news, the race for the white house. megyn: that was before my time. you can tune in tonight our own bill hemmer has a special look back at the last 15 years, and i can tell you that he and our documentary unit have been working so hard on this and have spoken to all of us on fox and got even all of our thoughts about how the channel has grown and how we've grown and what was different today than it was 15, 10, five years ago. you can check it out tonight, fnc, 10pm eastern time. set your tivo if you're not going to be home. i was part of a launch of a little show you may know, "america's newsroom" with my cohost bill hemmer. take a look at our first day. >> 4 this is day one, it's a very cool day for us today. welcome and good morning the

premiere day for "america's newsroom." i'm bill hemmer along with megyn kelly, welcome to you. >> thanks so much buddy i am pumped up to be here. speaking of being pumped up for the next two hours it will be a nonstop dash through breaking news, developing stories and the big headlines from around the world. megyn: these are embarrassing. hemmer and i used to call that the wedding cake location because it looked like the two of us were on top of a wedding cake. two years ago i started this show, "america live" right here on the fox news channel. check out the first day of this program. >> good afternoon, and welcome to "america live." a jam packed program of late breaking stories without the spin. i'm megyn kelly. megyn: there was a lot more hair, wasn't there? in the next hour a sneak peak of my very first ever appearance on fox news with mr. shepard smith, wait until you see this. it's so awkward and uncomfortable. it's because i love you that i choose to show it to you. here is tomorrow, many more years of our bringing you fair &

balanced news coverage. we continue have done any of this without you. new fallout today from an incident involving a muslim woman kicked off of a southwest airlines flight last spring. she is launching a discrimination lawsuit. we'll find out exactly what happened that raised a red flag moments before that plane was supposed to take off. we are following breaking developments in the missing case of missing baby lisa irwin. her parents now under the police microscope. is that fair? we'll have the latest on the quote, fact that lisa's mother miserably tphrupblgd a lie detector test, and judge jeanine pirro will be here.

megyn: fox news alert on several dramatic new developments in the case of lisa irwin. she is the 10-month-old baby girl reported missing by her parents earlier this week. less than 24 hours after making a desperate plea to the public for help deborah bradley and jeremy irwin are now under the police microscope. earlier this hour our local affiliate reporting that a law enforcement source says debbie, the mother, quote, failed miserably on her lie detector test and that is not all. judge jeanine pier row is host of justice with gentleman jeanine. she joins me live from outside of the irwin's home. thank you for being here. i want to go through it. we have several new developments, the police say she failed, not only did she fail,

she failed miserably. all we heard earlier was from the couple, where the mother was saying, they told me that i failed. there was a lot of speculation it could have been a police tactic to get her reaction. law enforcement is saying to the media now, she did fail and she failed, quote, miserably. why would they be telling us that? >> there is no question that the mother here, deborah badly failed a lie detector test. i think what is even more significant is the fact that they had the parents separated, they had the mother take a lie detector, the father did not take a lie detector. she says that they said to her, you did it, you killed her, give us some closure here. what you've got is almost right now a tale of two cities where the family has shut down cooperating, according to the police, but the family is now saying, we have not stopped cooperating. clearly police have pulled the command center, and i'm right here in front of the house. you can see the house here and that window right there is the window that apparently was open

on monday night into tuesday morning. there is no screen on it. and, of course, that front door is the door that was unlocked. of course the parents also say that the lights were on. megyn: jeanine, let me ask you this. because -- you can understand if you are genuinely innocent, if these parents did not harm this baby, and someone stole the baby, and the police are saying to them in an interrogation, you did it, to the mother in particular, you did it, just come clean, if that was me i'd lawyer up too. you lawyer up -- they say she hasn't lawyered up yet but she is not talking any more. i wouldn't either, i'd be worried they were going to point the finger at me even though i didn't do it. >> megyn you and i are both mother -ts. the one thing you want is you want your baby found. you put yourself on the line to make sure they have all the information they need. megyn: if you know you didn't do thinking wrong and they are in your face saying you did it. both of us are lawyers and we know where that is going to go. megyn go.

>> megyn i have run these investigations, megyn and what i do know is that parents generally cooperate. do you lawyer up? maybe yes, maybe no but if i'm missing a baby i want to find that baby. at the end of the day what we have here is a break down between law enforcement and the parents, and that is not good. although it sounds like there was a more consiliatory message from police today. i'm going to be speaking with the parents this afternoon here in kansas city and we're going to get their version of what happened. clearly what we've got is a break down. the ground search, and by the way they have stopped the search, pulled the command center, taken out the crime scene tape. the f.b.i. took several bags of evidence out of this house. we know that they have what they need. let's find out from the police what they know. they still have not said that these parents are suspects. they haven't even indicated that they are persons of interest. and you and i both know parents are always persons of interest. megyn: we'll talk to the police later on the broadcast.

let me ask you about this 2:30am phone kwaul. our local affiliate reporting that she the mother may have used a cell poepb to make a phone call at 2:30am. have you heard anything about that? are the police speaking to a phone record shows a call was made? her story is the cellphone was stolen. >> what is interesting is that they would be able to find out where that call was made from. that is not a problem for law enforcement. and that may feed, megyn into this whole theory of police focusing on her right now. they haven't talked about this phone call, but i think it's highly unusual for someone to say, my baby is missing, and by the way they took the phones so that we continue make a phone call. that kind of rings very unusual to me. my focus would be on the baby and maybe the phones missing, but i don't know that i would add on, so that we continue make a phone call. if indeed a call was made at 2:38 and the police can identify where that call was made from there is a real problem, megyn. megyn: this case continues to get more disturbing by the day.

we'll be looking forward to your interview. go ahead, last word. >> the woods, they talked about woods in the back. we went in the back there's like very little woods. i mean this is an area, a neighborhood where the homes are very close together. dogs are all over the place. i would think there would be barking and all kinds of commotion at the time this allegedly occurred. megyn: jeanine thank you so much. we're going to be watching this saturday night to see that interview that you have. we appreciate you being here. judge jeanine, her show 9:00pm saturday night. the latest on the investigation and an interview with the parents as well. and southwest airlines landing in court, a muslim woman booted from a flight now suing the airline. she says she is haunted by what happened on that flight and has now filed a federal discrimination lawsuit. we'll tell you about it. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana!

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megyn: southwest airlines facing a federal discrimination lawsuit. the plaintiff is a muslim woman removed from a flight earlier this year in an incident she claims still haunts her. trace gallagher live in our west coast newsroom with more. >> reporter: the woman is muslim, u.s. citizen of pakistani decent. she was flying from san diego to san jose or at least planning to to do some research for her master's degree. she is on her cellphone and the flight attendant tells her to turn the cellphone off. she tells the person that she's talking to, i have to go, that's what she says. the flight attendant apparently heard her say, it's a go, thought that was a security threat. the woman was escorted off of the plane now she is suing and here is why, listen. >> i do not want anybody from any faith to be treated with

discrimination. i have three daughters and i do not want them to grow up accepting dehumanizing treatment. >> reporter: she says because of the delay in her flight she couldn't publish her thesis, had to delay her masters and her job prospects are not as strong. southwest says when the incident happened back in march we apologized to this customer for the inconvenience and addressed her concerns in good faith. our employees raise eud a safety concern based on the customer's behavior and we had a duty to thoroughly address those concerns. southwest went onto say, we have a very diverse workforce and people who fly with us, this had nothing to do with anything except for safety concerns. unclear exactly what the woman is seeking from southwest airlines. megyn. megyn: that is an interesting case. trace, thanks. we are awaiting a news conference right now with several arizona sheriffs who are demanding to know more about

attorney general eric holder's role in the botched gun running ring fast and furious. the race for a senate seat in massachusetts is heating up. which candidate is calling out an opponent for crossing the line, and did they? plus the president saying that he sympathizess with the wall street protestors, and they will be a political force he says in 2012. really? we'll debate it. for sunsweet, growing the perfect prune plum is an art form. and now, we present a true masterpiece: d'noir prunes. they're delicious. absolutely perfect. d'lightful, d'cious, d'noir prunes, only from sunsweet.

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megyn: fox news alert. we are moments away from a news conference with sheriffs calling for a special investigation much america's chief law enforcement officer. house republicans demanding an independent inquiry to determine whether attorney general eric holder lied to congress. questioning his testimony about

the botched gun running scheme that hand an as nafl assault rifles to mexican criminals. 10 sheriffs from arizona demanding answers. william lajeunesse has been following this story. >> reporter: . this bipartisan group of sheriffs are part of a growing chorus. the sheriffs say the fallout from "operation fast & furious" is a serious public safety issue that threatened them and the people they protect. they say they believe those responsible for the failed program should be held criminally accountable for the death of brian terry and future victims. they say the attorney general

office knows of crimes committed with "operation fast & furious" guns. the president says he still has confidence in the attorney general but some lawmakers don't. one called on him to resign. >> as the attorney general of the united states he comes to congress and he's ill prepared. he doesn't have the information, then it appears that he knew something about this program an actually decided to lie to congress. >> reporter: this week the justice department tried to undermine republican criticism by comparing "operation fast & furious" to a similar time under the bush administration that encouraged gun stores to sell illegally and they both limited agent's ability to arrest suspects. however, according to a memo, the difference between these operation was the agents did

install tracking devises in many of the guns and used surveillance to track them and they worked hand in hand with the mexican government to arrest the suspects as they crossed the border. the problem, the tracing devices did not work. the suspect beat surveillance by driving around in circles or hours. and mexican agents did not show up. they say about half of the 450 guns sold got away man his words this, too, was a colossal failure. megyn: "operation fast & furious" pouring fuel on another bloodbath south our border. four men killed in an auto body shop in acapulco. they had one gunshot to the head indicating they were killed ex-crucial style.

-- execution style. two weeks ago 35 bodies were found. the mexican president says there is no turning back from the fight against these gangs. jurors could be having a big day in the trial against michael jackson's former personal physician dr. conrad murray. they could be hearing dr. murray's version of the event surrounding the star's death in his own words. prosecutors are set to play interviews with dr. murray recorded by police shortly after the pop star's death. and adam housley is live in l.a. >> reporter: they have been telling us this has been coming all week. there was some question whether it would be played today because the defense was going after the coroner investigation insinuating they may be lying or forgetting about parts of their investigation. it's where they were found in the room. that ended abruptly.

then the prosecution called scott smith. he's on the stand right now. he's the detective from the l.a.p.d. that conducted we believe the interview are conrad murray. they are showing surveillance video first. they are showing surveil yangs video of him at hospital. then they will go into this audiotape. we are told they will probably plate entirety of the two-hour tape. they won't clip it up. it will be the whole tape. the question becomes are they going to have time today? they still have the lunch break in an hour or so. and they will end court for yom kippur. will the prosecution have a chance to play that tape before jurors go home? and will the defense have a chance to question that tape at all if they have questions before the jurors go home for a three-daybreak.

megyn: a closely watched senate race in massachusetts getting a little nasty. democrats say senator scott brown was out of bounds when he appeared to take a shot at physical appearance of his dem crack it opponent elizabeth warren. but brown' cam says it was warren who first crossed the line. >> reporter: the democrats believe they have a shot at picking up this seat. this week during a democratic debate elizabeth warren who is a former obama administration official as well as a harvard official was asked about scott brown posing in cosmo years and years ago. listen to her comment at the debate followed by scott brown's reaction to a local radio host. >> scott brown posed for cosmo to help pay for college. how did you pay for your college education? >> i kept my clothes on.

>> have you officially responded to elizabeth warn's comments about how she didn't take her clothes off? >> thank god. i didn't go to harvard. i went to the school of hard knocks and i did whatever i had to do to pay for school. >> reporter: the thank god comment driewt critic out. saying it was sexist, saying he was cite california her ear appearance. the democrats say scott brown's comments meaning women can be laughingly dismissed on their looks. elizabeth warren didn't seem offended. >> i work hide way through college and i respect anyone who did the same. >> reporter: later the night scott brown made the comment he

talked to another radio host and said he was just joking about this. the maine republican senator susan collins came out and supported scott brown in this whole debate. this thing is clearly getting a little ugly. megyn: she takes a shot at him. he takes a shot back. all on the same topic about taking clothes off and he's a sexist and she is an elite is and apparently very few people can take a joke. >> reporter: scott braun says it's a joke. megyn: trace, thanks. a 10-month-old baby girl vanishing from her dplibt middle of the night -- from her crib in the middle of the night. now police are saying the mother

filled miserably a polygraph test. plus a key gathering of social conservatives in washington. all the major republican candidates are attending except for one. rick santorum and rick levin are there. rick santorum will join us live on why this could proof critical to the presidential race overall. thousands of demonstrators protesting against what they say is wall street greed. now they are getting some thumbs up from very prominent people in washington. >> god bless them for their spontaneity. their indiana people coming. it's young, it's spontaneous. it's focused and it will be effective. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana!

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megyn: we are keeping an eye on a key gathering of social conservatives in washington. you can see steve king of iowa* addressing the group. later we expect to hear from congresswoman michele bachmann who said she is the tomorrow true conservative in this race. a contention other candidates, including rick santorum may challenge. here is the form pennsylvania senator addressing the summit earlier today. >> we worked together. we have gotten thing done in this city where most politicians tend to put these issues on the back burner. i have never put social issues

and values on the back burner. i have been leading the charge in washington, d.c. megyn: welcome back to the program, senator. glad to see you. there michele bachmann says she is the only true conservative in the race. and to her you say what? >> just look at the record. you want to talk about a record of conservativism and accomplishment and experience, i think we bring all three to the table. i have got accomplishments on moral-cultural issues, she does not. the syrian accountability act, no and of course i was the author of welfare reform and a supporter of a lot of thing to get our economy going like cutting taxes. we have a long record of conservative positions that really are right in the mainstream exactly where the republican party is right now.

and it wasn't always case. with the parties more conservative it moved to where we are. megyn: can mitt romney win this nomination? is he a conservative? >> if you look at polls he's not crack above 25%. that shows a vast majority republican voter are still looking for somebody else. i think we bring that to the table. not just political success as i mentioned, i won tough elects in the state of pennsylvania. i lost one, but i lost a race where everybody else in that state lost by more than i did. it was a tough elect year. but we are running dead even with the president in pennsylvania and every poll. and we can win pennsylvania. if we win pennsylvania, we are going to have a republican as president of the united states. i can bring that to the table. megyn: some are wondering if the republican attending this summit are going to paint themselves before the family research

council which is very conservative social issues group as so conservative that it will come back to haunt them. should you wind up become the actual nominee when you are running in the general elect. what do you say? >> i just say the values voter care about a lot of things. i talk about the role that values plays in our economy. if you look at the strength of the family in america, that one -- if you want to snap your finger and change thing in america to eliminate poverty, the best way to do it is to go from families where there are two parents in the home as opposed to one. the poverty rate is 5% with two parents. 30% with one. so should we have policies that encourage fathers to take responsibility for their children that you are in tiewrs and supports people in relationships so they cannot have children out of wedlock or

help them through a difficult situation in respect to divorce? in my book "it takes a family" i wrote about a city in tennessee where they lowered their divorce race and lowered their out of wedlock birth rate, all without government programs. the community worked together. we can do this. this is where leadership comes in. we have a president talking about obesity. yes, it's a problem, but family stability and strong marriages and families and reducing the out of wedlock birth rate. you want to turn this economy around? that will do that as much as any tax plan or spending plan. megyn: thank you so much for coming back. see you again, sir. frightening moment in mid-flight when a saudi man tries to open the emergency exit door more than once. the passengers jump in to stop him. >> the guy sitting behind me had gown and count aisle and came up

quickly. >> kind of like my life went before my eyes. i'm not going to let this happen when imflying. megyn: it was 10 years ago today when the war in afghanistan began. we are live in kabul to hear what our forces on the ground are saying about how far we have come and how far we still need to go. jurors in the trial of michael jackson's physician are about to hear from dr. conrad murray in his own words. the interview he taped with police just hours after michael jackson died. >> when you saw those lorazepam levels, those are very high levels, aren't they? >> that's not what my testimony said. i said they are within therapeutic range. >> the propofol is within therapeutic rank either. >> i said it's within

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megyn: barrows is employed. during today temperatures white house press briefing press secretary jay carney was asked about it. see was this close to the president as you are to me. the president knows his story. to me the question he posed was a rhetorical question. the emphasis was on people like me, highly qualified and are not working. that the spirit of it. it's just indisputable as we found out again this morning that teachers are being laid off all around the country.

the president has a plan to solve that or address that problem. >> the man has a job right now. >> the man has been laid some of three times in four years. it's indicative a problem. the fact that he got hired again after this happened often to be the result of the kind of assistance provided by this administration through the recovery act to insure teachers are hired back or aren't laid off to begin with. i think the principle is indisputable. megyn: mr. burrows did speak to the "herald" and said it was fine with him that the white house took liberties with the facts because it was all in aid of a higher truth. on this day 10 year ago u.s. and british forces launched the first vieks strikes in operation

even during freedom. today afghanistan is a country transformed. the taliban is no longer in charge. nato is preparing to put afghan forces in charge their stone security. what do the forces on the ground say after a decade of conflict? >> reporter: it's america's longest war in modern history. but troops remain optimistic with regard to the mission they have got. in eastern afghanistan soldiers are coming up fire. 16 rockets addai at one base. this what is they had to say about the mission. >> it's going out and changing how people feel about everywhere else in the world. >> it doesn't mean the war stops because usama bin laden is dead. >> we used a lot of resource

here but we are definitely making progress. >> we are helping the country out. getting the afghan national army together. >> this country has been at war for hundreds of years. us being here, we are doing a better job than others. but, i mean, history is going to repeat itself here. >> reporter: soldiers really very much on the front line, quite some insight there. they do see hope in the fact that the afghan national forces are getting up to speed fairly quickly. but not a single soldier could say when exactly the afghans could take the lead. however they say there is progress and they do see an exit eventually to us getting out of here. not sure, however, how long that will be. it could be five or six years. megyn: house minority leader nancy pelosi weighing in on the wall street protests. saying "god bless them for their

spontaneity." why wasn't see saying that about the tea party when they took to the streets. more details on the missing baby investigation. >> it's important for me to stress that we are continuing and will continue to track down leads as we get them. whether we develop them or whether they come from the hotline. but earlier the mother and father decided to quit cooperating with the police, but our door is always open. map let me tell you about a very important phone call i made.

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megyn: wall street protesters getting new support from house minority leader nancy pelosi and president obama. he said he can empathize with what they are doing. >> i think people are frustrated. and the protesters are giving voice to a more broad based frustration about how our financial system works. megyn: so now jason, folks are saying this is a dangerous thing for the president to do. he, you know, came dangerously close to even dweergs they are doing and their cause and we have seen 700 arrests take place

during these protests. >> it's like athens coming to america. the public unions will behind this. the united federation of teachers. they are saying we are part of entitlement society. we want all our debt forgiven. we want free college. we want a ban on all credit reporting agencies. the demands are radical. i think you are right. not to mention some of the criminal activity that may be happening. the president is getting out there on a populace limb. instead of embracing real solutions and looking at how the government created this debt crisis they are trying to change the narrative and blaming wall street or the market or anybody else they can find. megyn: is there hypocracy by democrats? we see the president saying what he said. now we see nancy pelosi getting behind them. we know these groups are being in some instances paid to go out

there. the seiu is organizing these things. yet look what nancy pelosi said about this group versus what she said about the tea party back wit was first forming. watch this. >> the message of the protesters is the message of establishment every place. it focuses on wall street, god bless their foam their responsible -- god bless them for their focus and it will be effective. >> you be the judge. megyn: the tea party are astro tougher, but these protests, this is legitimate and thank god for them. they are spontaneous. >> there is a lot of hypocracy to go around. you have heard conservative

commentators talk about how the tea part yais godsend and these young progressive activists are a menace to society. it's less about hypocracy to who are you blaming. the tea party blamed the government for everything that's gone wrong with the financial crisis. this round of protests, these activists are blaming wall street. they are blaming the people who caused the problem. this probably will end up helping obama. but at the end of the day i think many of those protesters are just as mad at the president as they are as wall street because they feel he hasn't been tough enough on them. megyn: obviously miss pelosi has flipped her position when it comes to protests in street. but some say conservatives have flipped their position where they cheered the tea party, they now condemn these groups. >> there is a fundamental

dichotomy. the tea party protest came out of tarp bailouts. they were for less government. this group is demanding debt forgiveness, they are demanding a living wage without employment. figure that one. they are demanding for more government and the tea party was demanding less. and i think change the narrative is the goal here. the fact of the matter is government did create this debt crisis. you had affordable housing mandates coming from the cra act of 1977. and the demand that fannie and freddie buy secondary mort gauges only if they are what he forwardable. well, guess what? that told the lenders, you better make bad loans, no down payment or you will be accused of red lining. the government policy that created this crisis are now on the back burner and we are blame can the people that followed

them. that don't make much sense to me. megyn: the criticism of these groups is they are anti-capitalist. but to protest wall street and the exist existence of successful corporations is anti-american. >> it's less about protesting the existence of corporations and protesting the influence of corporations. when you look at the super committee and the folks appointed to it. they received over 41 million dollars from the financial sector. that's on both sides of the aisle. these protesters are right to be up in arms with a system that has continued to build a wealth gap in this country. when folks talk about class warfare. it has been going on for 30 years. it's about time you see folks on the streets really pointing the finger at the folks who have been contributing significantly to income inequality in this

country when we have record numbers of people in poverty. but the folks on wall street are making record profits. record bonuses. this is way past -- if you look at poll after poll, the american people feel that corporations and wall street has way too much influence on politics. that's what these young folks are standing up for. megyn: from the narrative they are making too much money. income inequality. why is the answer to that to make the rich have less as opposed to help the poor or have more. >> well, the income inequality debate is ridiculous. in the great depression income inequality shrunk because the wealthy were jurm'ing out of buildings. and the poor can only go so far. in a growing economy when you have everybody doing better but a few people really doing well, the memory of steve jobs comes

to minds. the income inequality expands. and that's a bad thing when everyone is doing well and some people are doing very well? >> who is everybody? the reality is that most folks are doing not as well, wages are decreasing. and a very small percentage of people. that's why they are talking about the 99%. when productivity increase and wages decrease, there is a problem with that. i'm not in favor of a strong message after anti-and calism. but d -- of anti-capitalism. they are finally pointing the fingers at the right culprit. >> housing caused this great depression. megyn: there was some funny business going on with the credit default swaps. we have to leave it at that,

guys. a fox news alert. we want to get back to the story of this missing baby in kansas city, missouri. several major developments. lisa irwin's mother debbie quote failed miserably her lie detector test. captain steve young is with us. why -- what does that mean that she'd filed miserably. >> we are -- she is saying that and she is free to say whatever she would like. megyn: we have it from a law enforcement source that she'd failed miserably. >> i understand that. but i'm the voice of this investigation. i can't confirm that. megyn: you can't speak to that directly. let's talk about this lack of cooperation. you came out last night and said the parent are no longer

cooperating. is that still the case? >> yes, it sure is. last night i said the parents no longer wanted to talk to detectives. they came out this morning and said that wasn't true. my reply to that would be fantastic. our number one and only goal is to find the child and the parents' involvement in the investigation is best to make that happen. megyn: what did it mean which said they stopped cooperating. >> i can't gone it details. but it was clear and that's why we announced that. megyn: they spoke to several morning shows and according to them the father said he reached his boiling point. he said i can't do this anymore. i need a break. i can't answer any more questions. it was nothing more than the father needing a break. they thought jumped the gun in coming out in saying cooperation is done. >> everybody responds to stress differently. if that's the case i'm sure there are people that understand

that. again our door is open, it always has been and we checked with our lead detectives and we have not heard from the family. megyn: you have not spoken with them today. >> that's correct. megyn: can you speak at all to this report that we have that a phone call was made on the mother debbie's cell phone at or our 2:30 a.m. on the night little lisa went missing? >> i heard that floated around from reporters on the scene. i haven't heard that from the detectives. if i did know it i wouldn't be able to talk about it. megyn: can you confirm the police have obtained the cell phone records of the he cell phones that belong to the parents. >> again, we know, according to the parents, three cell phones were taken from the home. what we have done with those i can't say. it's part of the investigation. but i challenge anybody to think of something we haven't done. megyn: the command center has in

large part been shut down. but what does that tell us? >> not much. we don't want anybody to read much into that. we had a mobile command post set up because of the geography. unfortunately we think we have done all that we could in this area in terms of geography saturation. the detectives leading this investigation are still together, and they are working leads and they have a command post in other locations. should something arise we could pull all 100-plus of those law enforcement officers in on short notice. megyn: do you know whether either of the parent has retained a lawyer? >> i'm not sure. megyn: have you been contacted by a lawyer on their behalf? >> i don't know if the detectives have. megyn: do you want to interview

the parent again? >> absolutely. we think we need the parents' help to find the child. megyn: the father claims he offered to take a lie detector test but the police said it's not necessary. >> i'm the voice of the investigation. i heard that floated around. but again if that's the case, i wouldn't be able to address it megyn: the father says he was working that night, helping build a new starbucks going up. is that the story? >> i just know that he said that he came home from work at 4:00 in the morning and that's all the information i have regarding that. by don't know where he was work or what exactly he was doing. megyn: there were some reports that was confirmed and he had an airtight alibi. that he was in fact at work when he said he was. are the police willing to go that far yet? >> again, i apologize, but that's a detail of the investigation and i can't open that door and pick and choose

what i'll talk about. megyn: we don't want you to reveal anything you don't feel comfortable revealing. captain, obviously with these new reports -- they are not dprowmg, but from other law enforcement officers. more people are starting to worry that maybe perhaps this mother in particular had something to do with this babies days persons. in 99% of the case it tend to be the case when a baby goes missing. can you speak to those suspicions? >> i'm sure a lot of people know about this case by now. i'm sure speculation and concern is all over the plays. but the investigation is driven by facts and everything is still on the table. i can say that we do not have any suspects. megyn: the parents are not persons of interest either? >> i'm not a big fan of that term. if we have a suspect we'll say we have a suspect. right now everything is on the table. megyn: thank you, captain. all the best to you.

>> we appreciate the help, thank you. megyn: she is still missing, folks. we don't know what happened in this case, but there is a little baby who has not been seen since monday night, 10 months old. little lisa irwin. if she has been taken, take a long look at this photo. keep our eyes and ears open and the police would welcome any leads. we'll be right back. [ male announcer ] what's the beat that moves your heart? how about the beat of a healthy heart? campbell's healthy request soup is delicious, and earned this heart, for being heart healthy. ♪ feel the beat? it's amazing what soup cano. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth!

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on the parents. the mother in particular who admits that she was given a polygraph and says police told her she failed. police telling our fox affiliate that she failed miserably and started to sweat when she was told she failed miserably. she said i don't know how that could be. i was telling the truth. all i want is for my baby to be found. we don't know what they know. whether they have a lead or why they are searching this landfill. but we are told this is located near the highway near the i435 and they are searching a landify for -- searching a landfill for the baby. i have my court panel standing by. i want to bring them in to talk about reacross to this. then we'll get to michael jackson. they are doing something crucial in the courtroom in moment. but first, lirks s we'll and mark eiglarsh.

just both of you have been experienced in criminal law. we do not want to jump to con includings about what's going on in this case. we don't know what happened. i don't want to cast a finger at these parents going through hell if they are innocent and didn't do anything here. but what we have is a report that the mother who said she put her baby to bed at 10 or 10:30 and didn't wake up until 4:00 a.m. when the father came home. we are hearing reports there was a phone call on her cell phone at 2:30 a.m. and that that phone call was by her or at least at her location. we are being told the lie detector test failed miserably. lis, we see the live picture after landfill being searched, we are being told, for the baby. >> the fact that she had to go through a polygraph test tells me something. the police didn't necessarily buy what she had been saying the

last couple days. to fail missably, for law -- to fail miserably is a big statement. that usually doesn't happen. the fact that she was sweating. of course, she would be sweating no matter what. but it tells me during that lie detector test they must have asked her some questions to which the answers -- they obviously found she was lying, and that led them -- you have to connect the dots to to the landfill. they must have had a suspicion that she confirmed in some way. megyn: how did they wind up here? they wrapped up the command post or all intent and purposes. now we see a search of the landfill. i want to get your thoughts on it. we'll do that immediately after this break. we'll be back in a few minutes. [ male announcer ] it's a fact:

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megyn: we are watching as the law enforcement officers are investigating and searching a landfill in connect disappearance of 10-month-old baby lisa irwin. i want to get your thoughts on what this means. we are told the fbi says this is the second time they searched this kansas landfill. >> any time you are searching a landfill that's not a good thing when you have a missing child. when they sit somebody down and take great time and expense to administer a polygraph lie detector test, it's more than a hunch. megyn: are polygraphs reliable? >> they are not admissible in court. but they are a val iewnl tool for -- but they are a valuable tool for law enforcement.

i would like to know what relevant questions were asked. they are called relevant questions. specifically worded questions and perhaps she did so some deaccepting on issues -- show some deception on issues around the issue, but not anything she would have done to assist in the child's disappearance. >> the thing that tells me that's probably not right unfortunately is law enforcement came out themselves and said she failed miserably. if it's about inconsequence quengs thing they won't say that. no one knows what happened. and that captain was very loathe to cast suspicion on the parents. he seems open minded to other theories. we'll continue to watch it and update you. we'll be right back. for sunsweet,

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>>megyn: today is fax's 15th birthday. my first appearance was september 9, 2004, fox report, shephard smith was the introduction to a girl named megyn kendell. >>shepard: the newest member of the fair and balanced team with the fox report live from washington. welcome, megyn. >>megyn: now, watch the poise and confidence here, as i toss back to the anchor. the president says the world cannot ignore the suffering of over a million people. shep? >>shepard: thank you, live from washington. making who am i? who is the anchor? i am supposed to talk back? i am new to tv and where was hair and makeup? happy birthday, thank you for watching everyone. i'm