to our capitol. we are awaiting a white house press briefing where we could hear new details about how the white house plans to respond next to iran's government. just 24 hours ago, news broke right here on this program that federal agents stopped what they described as an elaborate plot involving believed to be mexican during cartels, the attempted assassination of a saudi arabian diplomat and bombings in washington and howrg ago we are hearing some lawmakers brought up the question of possible military action against iran steve centanni, live at the white house with more. steve. >> reporter: good morning, megyn, good afternoon. the obama administration is taking its case against iran to the world community, the vice president appearing on television this morning, making it clear that this alleged iranian-backed plot to kill the saudi ambassador is a violation of international norms. >> the consequences to iran i think are going to be

serious because they are not only decided to assassinate someone, they have taken on the very basis in which nations deal with one another. >> reporter: 56-year-old monssur arbabsiar is being held, the plan was to hire a during cartel to carry out the assassination using explosives. the u.s. is busy contacting allies to present the united front against iran. >> we will be consulting with our friends and partners around the world about how we can send a very strong message that this kind of action which violates international norms must be ended. >> reporter: now, the u.s. and the world will probably try to impose further sanctions on iran but vice president biden said this

morning nothing is off the table, and we have this statement from the white house, it says the president was first briefed on the issue in june and directed his administration to provide all necessary support to this investigation. the disruption of this plot is a significant achievement by our intelligence and law enforcement agencies. and of course, as you mentioned, we're likely to hear a lot more about this at a white house briefing expected to get underway just about now. megyn, back to you. megyn: steve centanni, thank you very much. it is also important to point out that mexico works closely with the united states in stopping this assassination plot. according to reports, the iranian american suspect at the center of the case was denied entry into mexico in late september because of a warrant out for his arrest. mexican officials then returned the suspect to the u.s., to new york's jfk airport, where he was taken into custody. in washington, the mexican embassy released a statement saying both countries exchanged information and acted in coordination. for more information story,

log on to fox news latino.com and find out howt the zetia drug cartel played a role in this. coming up we'll speck with ambassador john bolton, former ambassador to the united nations on what the u.s. response to iran should be. well, there is new fallout this hour from last night's gop debate focusing on the candidates' plans to rescue the u.s. economy. businessman herman cain had his hands full defending his so called 999 plan last night. >> present a bold plan to grow this economy, which i have put my 999 plan on the table, and it starts with throwing out the current tax code and putting in the 999 plan. >> when you mention the flat tax, does that mean you look with some favor upon 99 that herman cain mentioned at the beginning of this conversation? >> i think it's a catchy phrase. in fact i thought it was a price of a pizza when i

first heard it. >> it is not the price of a pizza, because it has been well studied and well developed. it starts with, unlike your proposals, throwing out the current tax code. >> so mr. cain, who do you turn to for political advice and for economic advice? >> my advisers come from the american people. now, i will have some experts, one of my experts that helped me to develop this was a gentleman by the name of rich lowry out of cleveland, ohio. he is an economist. megyn: chris stierwalt is digital politics editor and host of power play. all eyesor were on cain and usually in politics, attention is a good thing. was it for him? >> it's always tough to be out in front and herman cain was certainly advantaged in the past by the fact that the rest of the field didn't take him seriously and it gave him a wide lane that he could go through and be engaging and talk the language that republican primary voters want to hear. that resulted in him being right up neck and neck with

mitt romney. last night, though, the knives were out for him and it was very difficult for herman cain to be this sort of positive avuncular figure that republicans have come to know and love when folks like michele bachmann and you heard what was a snarky swipe from former utah governor jon huntsman about the 999 plan, it was hard for cain to stay on message and on track with those folks coming at him. megyn: do you think he took hits? we saw incredible polls that showed he has clearly vaulted up into the number two spot behind mitt romney, so that's why they were taking aim at him, but did they do damage? because he's being criticized for his 999 -- 999 plan, he was asked about it, and he dismissed it as incorrect, when he was asked to name the next economic adviser, he named rich lowry, who's not an economist, anyway, when asked what's going to prevent some future president down the line from raising the 9 percent income

to who knows, 29 percent income tax and then we're saddled with a national sales tax that you imposed as well, one of the reasons why that's never going to happen is he, mr. herman cain is going to be president, he's not going to allow it, which could you true for four or eight years, but it is questioned after that. did he do damage? >> he did damage to himself in talking about that plan and talking about the economist, and talking about, as you point out, republicans are conservatives in general and republicans are very skeptical about the idea of giving the federal government the power to impose a national sales tax. mike huckabee and other people like the idea, say it will be fairer to poor folks and be good in that way but it's still a controversial idea and one that is hard to explain. on the other hand, one of the attacks, jon hauntsman's, which was mean, especially coming from a child of privilege like huntsman against a sympathetic, self-made man like herman cain, that came off too far and that helped

the candidate who is being attacked because it makes them even more sem pathetic. it's a net loss for herman cain because in a forum focused on the economy, he had a hard time getting the message out there. megyn: thank you, chris. new developments on the wall street protest and what happened when some of the folks mixed it up with police. you can see caylee deed rick, this happened a while ago, screaming in pain and falling to her knees after getting pepper spread by a police officer, that during the first week of these protests. we actually brought this to you in kelly's court at the time. now the teacher's aide is demanding the map who sprayed her face charges and nypd commissioner ray kelly has defended anthony bologne's actions, and his lawyer says bologne should get to defend himself like anyone else, at a trial.

nearly 500 of the protestors made their millionaire's march yesterday, taking a tour through manhattan's wealthy upper east side. well, some of its wealthy. the main focus, the december expiration of new york state's millionaire's tax. there were no arrests yesterday, although there have been over 700 so far. stay tuned, because later this hour, we will speak to fox business' senior correspondent gar le -- charlie gasparino on big changes coming to wall street and how those may affect this group's message. is it off point? new development this is afternoon in the case of little lisa irwin. we have been following this closely for more than a week. she went missing last monday. she is ten months old, her name again, lisa irwin, and she vanished from her missouri home. her parents say that she was snatched out of her crib overnight not this past monday but the one prior. now a private investigator is joining the search and speaking on the family's behalf. >> i have been asked to come

out here to find lisa and to find the perpetrator or perpetrators, and while i know law enforcement, fbi, they won't necessarily give me information, i will be more than happy to cooperate with anything i find or my team. megyn: here's some of what we know, he's a former new york city police officer who goes by the name of wild bill, john pepitone is with wdaf, our fox affiliate in kansas city. he goes by the name of wild bill. who he is? >> well, this is a guy, wild bill, he's known to have stolen a car, he's known to have broken into a house, he's known to have even lured kids, all in the name of showing americans how easy it is to be a victim of a crime. he's worked as a paid consultant for nbc news, on the today show, these been paid by abc news as a security consultant, and this is a guy who likes --

who goes to extreme measures to show how easy it is to be a victim, but the concern here, megyn, is that he's not licensed to work in missouri as a private investigator, and we talked to some legitimate private investigators here in the state of missouri, some who work in downtown kansas city, prynarily civil matters like cheating spouses and such, and they say if he's not listened in the state of missouri, they want to know what exactly, what sort of investigation he's going to conduct in the lisa irwin case, because they don't want him violating the law and already, there have been complaints filed about him being here in the state capitol in jefferson city. megyn: before i let you go, we saw you yesterday before this vacant house with the well, where they were searching for this missing baby. just give us the outcome of that event. >> reporter: well, thankfully for everyone who was watching that, nothing was found. it turned out to be a bad

lead. this was a house that dates back to the turn of the century, around 1900s, and it had what's called a sis turn -- a sistern, a water holding tank over a deck built over it and when police got the tip of this home which had been abandoned for about three years, they looked into the home and saw that it had this well or sistern, so they spent about three hours sucking all the material out of that sistern. nothing was found. megyn: john, thank you. i want to tell our viewers, we are getting new information about where this consultant, this man, this investigator was seen, and about a new police search that we are just learning about right now and we're going to investigate this within the next half hour with our guests, so stay tuned for that. well, republicans last night squared off on issue number one in america, and that is, of course, the economy and jobs. so what did your focus group think of how the candidates

did? >> i want to go around and just ask real quickly, after last night, who would you vote for, if the vote were tomorrow? >> megyn: we'll show you who won just ahead. in the wake of yesterday's news of a terror plot on u.s. soil, some are asking, why would iran take such a risk? do we really believe that it is behind this plot? and where is president obama on this? we have yet to hear from him ambassador john bolton joins me live on that, three minutes away. >> in addition to holding these individual conspirators accountable for their alleged role in this plot, the united states is committed to holding iran accountable for its actions.

megyn: back now to our top story today, we are awaiting new response from the white house to a murder for hire plot allegedly hatched in iran with targets in our nation's capitol, the doj is calling it attempted terrorism.

let's take a look at how this plan unfold the. on may 24, 2011 the iranian suspect approached an individual in mexico for help n. early june he returned to mexico and told what was actually an informant that iran associates are looking for violent missions, including the murder of the saudi ambassador to washington. president obama had been briefed on the plot shortly thereafter, they say that happened in june. in august, the suspect allegedly wired a $100,000 downpayment for the crime in two installments, 50 and 50. in late september, iran's president was in new york for the u.s. general assembly meeting. during that time, iran released two american hikers hell in tehran on charges of espionage. weeks after that, the suspect in the murder for hire plot flew to mexico but he was denied entry, and then on september 29th, he was flown back to the united states as is the policy when you're denied entry, you go back to where you came from, and arrested at jfk airport in new york.

joining me now to talk about what the white house response should be here is former u.s. ambassador to the u.n., john bolton. ambassador, welcome. so great to have your expertise on this. we were missing you greatly yesterday. let me ask you first, there's a lot of talk out there today about whether iran would really be behind this. what would its motive be, how on earth could it be so bold, and why would it take on the united states in such an in your face manner. do you believe it? >> perhaps more important than whether i believe it is that the obama administration believes it. for 2 1/2 years, this administration has been starry-eyed in its approach to iran, naive to the point of endangering our interests, giving iran the benefit of every doubt to try to find a way to negotiate with them over the nuclear weapons program, yet we've seen in the past 24 hours, there doesn't seem to be any doubt at the highest levels of the obama administration that this was an iranian plot. now, why would the iranians

do it? remember, the target, at least the first target appears to be the saudi ambassador to the united states. and i think that's part of the larger struggle between iran and saudi arabia, within the islamic world, within the region, in the middle east, for hi jemny. it is certainly true, it's very brazen to think they would try and carry it out on american soil, but i think that explains why they were taking the seemingly incredible step of talking to the mexican drug cartel to actually carry out the assassination attempt. something they could then take credit for if it were successful, but have a lot of distance from, no fingerprints hopefully from their perspective after the hit went down. so imagine their perspective on the outcome. they kill the saudi ambassador to the united states, they humiliate the united states by doing it on our territory, and they're sufficiently detached from it that it's hard if not impossible for us to

retaliate. what's not to like about that if you're an iranian. megyn: of course now they are coming out and denying it, not surprisingly, iran, and whether that's real or what they normally do, they're calling this a childish game, saying we are trying to cover up our own problems here in the united states and they've written to the u.n. to express their outrage over the allegations against them. in the meantime, ambassador, you've got the white house -- we have yet to hear from president obama, they sent joe biden out on the morning shows to say all options are on the tail but the administration response thus far is to engage in a global campaign to isolate, to further isolate iran. is that the right response? >> absolutely not. you know, i think one of the explanations for why iran thought they might be able to get away with this is they believe the obama administration is weak. and what has secretary clinton said about what our response to this plot would be, she said we're going to send them a strong message. you know, i used to joke that for diplomats at the

state department that meant saying we're going to send iran a stiff note. so we'll see. i think the real import of this assassination attempt is what it tells us about the character, the nature, the essence of the regime in tehran, and it's not a regime that's going to change its behavior because of external pressure. it's not in particular going to give up its nuclear weapons program. so if you don't like an iran that's prepared to put the saudi ambassador in mortal peril, imagine the risk we're all going to be under if they get nuclear weapons, and that's what the focus ought to be. megyn: do you think this speaks to their possession of a nuke in any way? in other words, might they have a nuke or more and be sitting there thinking we can take risks like this because we know we can fight back? >> well, you know, i think there's a lot we don't know about their nuclear weapons program. you hear all kinds of estimates, when they're going to get nuclear weapons, and a lot of them

push that point fet far -- pretty far down the road, which is an excuse for more efforts, which will fail, at a diplomatic resolution to the problem. i've never believed we could estimate with precision when they're actually going to have a nuclear weapon, and i think saying with confidence, you know, they are 17 1/2 months away, leads to the risk that they're going to cross that line and have the weapons and then we won't be able to take necessary steps to prevent it. so the fact is, they're too close already. however close they are, it's too close. and if we miss the fire bell in the night that this assassination attempt demonstrates, if we lose our focus on their nuclear weapons program now in exchange for a meaningless statement, a resolution by the u.n. security council, then i think we're going to pass the point where we can really effectively stop them from getting a nuclear weapons capability. megyn: ambassador bolton, thank you very much. >> thank you. megyn: attorney general eric holder and the justice department just got hit with

new subpoenas today and the a.g. says he will respond to them. what are the risks of that? and this guy might be one of america's worst serial killers but investigators never found the bodies. now possible new leads.

megyn: fox news alert on the michael jackson case. we are just getting this in, that the lawyers for dr. conrad murray, who is on trial for involuntary manslaughter in connection with jackson's death, have now dropped their claim that the singer self-administered the fatal dose of propofol. again, that's what the wires are reporting, that this has just happened, according to the associated press, they dropped that defense. well, if that is true, what is their defense? because this has an crucial

aspect of the case, all along, they said he gave himself the lethal dose, not the doctor. now they appear to be abandoning that in the wake of medical testimony, saying it was impossible. we'll have a full update for you in today's kelly's court well, he could be one of america's worst serial killers, david parker ray confessed to raping and killing up to 40 women before his death. police were never able to locate a single body. now the fbi, however, unearthing new evidence. trace gallagher is live in los angeles with the latest. trace. >> reporter: and so megyn, they know david parker ray is a serial rapist, now they're trying to prove he's a serial murderer on the level with ted bundy, he lived in a 20-foot trailer in the middle of the mexico desert, he called it a toy box, it was actually a torture chamber. in fact we can't show you all the things that were inside this. that box there was to secure his victim's heads, on top of that, there were whips

and chains, they found very graphic and gruesome video. see the sign up there? he also called it satan's deny. they also found jewelry in there from various women and shoes and now they're trying to figure out if they can match that jewelry to the victims. ray claimed to have killed 40 people and buried their remains in various spots around the desert but now, because of the serious drought in southern new mexico, a nearby lake has now dried up and that's where authorities are now focusing their search. they have found a pair of glasses, they're hoping to find remains and that way they can match them to missing persons, and a data base. here's the fbi. listen: >> we have searched many times around this area. this is different in that now, we have some new information that is pinpointing our search to this canyon. >> reporter: you heard him say they've searched this

area many times. this is video from the 1990s when they searched there the first time after a woman who was naked ran out of that trailer and escaped, claiming that she had also been raped and tortured, other women have also come forward. he was sentenced to 223 years in prison, he died in 2002 of a heart attack. ray claims to have killed 40 people, megyn, ted bundy killed 50. megyn: trace, thank you. a new focus in the growing investigation into operation fast & furious. the botched federal gun running sting that gave guns to the bad guys in mexico. attorney general eric holder now subpoenaed and it does not stop there. investigators want to know what he may have told the white house. and a spreading computer glitch, threatening to cripple the smartphones of millions of americans. we'll tell you who's at risk. plus, a self-described superhero fights lawlessness in his fair city and we've got video of it!

unfortunately, that turns out to be illegal, especially when you pepper spray your alleged villains in the streets! the case crusader in court, just ahead. >> ♪ >> ♪ >> ♪ believe it or not. >> ♪ i'm walking on air. >> ♪ >> ♪

megyn: we told you according to the a.p. a couple of minutes ago, they claimed that lawyers for michael jackson's doctor had dropped the claim that jackson self-administered the fatal drug dose when he died. our sources, our producers inside the courtroom say that's not right, that they are just abandoning their argument that jackson orally gave himself the fatal dose. we will debate it in an hour in delle's court. the justice department has now received a new and far reaching subpoena in the botched fast & furious gun running operation. republican congressman darrell isa who is -- issa who is heading the congressional investigation has sent subpoenas to the attorney general eric holder and a dozen other justice department officials, not just internally but also, wanting to know about their communications with the white house. mr. holder was asked about this yesterday and here is his response. >> we have sent thousands of pages of documents up to the hill, with the subpoenas. i'm sure we'll undoubtedly

comply with them, but what i want the american people to understand, in complying with the subpoenas, that inquiry, that will not detract with the business we have to do with the justice department, including the matters like the one we have announced today. thank you. >> megyn: and that was the end of the press conference. joining me now, monica crowley, fox news contributor and dan gersey, host of gothham ghost writers and a the heat continues to go up on this case and many believe this goes much higher than the government has admitted to thus far. the department of justice said the whistleblower who revealed this was wrong and there was no such operation, now we know that there is and the republicans in congress are getting more and more aggressive about it, trying to find out how high it goes. what are the stakes for eric holder now that he and his department have been subpoenaed? >> the stakes are huge on this, it's not going away.

the old adage is never the actual crime that gets you in trouble or the event, it's the coverup. i don't know if there's a coverup or not here. what i think darrell issa is trying to do and the republicans on the oversight committee is trying to get to the bottom of this, trying to investigate. because remember, the attorney general of the united states went before congress and claimed in may that he had just heard several weeks before about the program. megyn: and he's doubled down on that. >> right. now we've got e-mails, we've got other documentation that suggests that the attorney general knew ten months before that. megyn: he says he didn't read the memos, he said it was staffers who read the memos and didn't filter information up to him because the memos didn't call to his attention or anybody's attention the controversial nature of this program, so there was no reason for the underlings to say hey eric, look at this operation, but is it plausible, dan, because atf which did do this operation and did the ea are under the department of justice, atf used to be under treasury, it's under justice now. this is under the justice

department's watch, so how could he not know? >> you go back and look at a lot of the ways the attorney general handled difficult cases, and his decision making and his judgment, there's a lot of things that you have to call into question. i'm not going to get into the specifics of this case because who be honest -- to be honest with you i think it's a trivial matter that is out of proportion, not to say there wasn't a screw up, people didn't do things wrong but the amount of time we're spending on this compared to the other examples of corruption in our government, lack of regulation, mistakes in government, this is clearly a part an-driven attack to try and exploit a weakness of the obama administration. >> mr. holder suggested as much in his -- in his letter. is it a fair point? >> no it's not. what we're talking about is a gun running operation out of a major bureaucracy, a major agency of the united states of government, the department of justice. what he's asking us to believe is that the attorney general of the united states was not made aware of a gun running operation across an

international border, megyn. this is not an operation between arizona and new mexico. this is between two countries. the attorney general wants us to believe that he had no idea, was not briefed on it, not paying attention to the memos. megyn: not even when brian terry was killed. >> that was my next point. this operation went so awry at some point that now we have these guns that were being filtered to mexican drug cartels, for goodness sakes, traced to the death of a federal agent, the border agent brian terry. you're telling me that the -- >> megyn: that was december, he said he didn't know about it until april. >> that is his story, but i think the congressional investigation is saying well wait a minute, let's get to the bottom of this. is that story correct or not. megyn: now folks are pointing out and you suggested it just now, that eric holder, with respect to him, because he's got a tough jawrks but that he has a history of not knowing when he should have known, and there are a few examples that folks are teeing up, you know, he suggested we close gitmo apparently with not enough investigation, he

suggested we try khalid shaikh mohammed in new york without talking to the folks in new york who didn't want it. none of those happened, and while deputy attorney general under clinton argued for the pardoning of mark rich, which ultimately was handed down, it was really controversy, and eric holder had to go testify before congress when he was being confirmed as aur attorney general and they wanted to know, did you investigate that case before you suggested this guy get pardoned? take a look at this exchange with arlen specter and his defense: >> were you aware of this kind of a record this man had? >> no, i was not, and that was one of the mistakes that i made. i did not really acquaint myself with his record. i knew that the matter involved was a tax fraud case, was a substantial tax fraud case, i knew he was a fugitive. i did not know a lot of the underlying facts that you have described, and as i said, that was a mistake. megyn: then he was

confronted about whether he had read the arizona immigration law that he was highly critical of and suing over, and here's that exchange: >> and i understand that you may file a lawsuit against the law. it seems to me the administration ought to be enforcing border security and immigration laws and not challenge them. and that the administration is on the wrong side of the american people. have you read the arizona law? >> i have not had -- i've glanced at it. i have not read it. >> it's ten pages. megyn: that has people asking how can president obama come out and say this man still has his full confidence? >> it's a mystery to me. i never supported his nomination. megyn: really? >> i think he's a good lawyer but he's a terrible politician and the attorney general of the united states is a political job, there's no question about it. you have to interface with congress, you have to be a spokesman to the american people, you have to inspire confidence. eric holder, whatever his skills are, is not good at the politics of this and to me the worst case of the

sheikh mohammed trial and the lack of consultation he did with the new york political establishment. he would have known right away that regardless of the merits of the case that this would be such -- cause such a firestorm. megyn: which it did. >> that would undermine public confidence, and it did. >> megyn: but should the president reexamine his confidence in the attorney general politically? has he become an albatross to the president politically? >> yes. but not to the extent where obama is ready to cut him loose yet. it hasn't reached critical mass. if the subpoenas go forward, they were issued today, and eric holder has been caught in perjury, caught in misleading congress, in some other details about this case, then -- >> megyn: i'm confident -- it's malfeasance. >> i think obama is very loyal to people. >> sometimes to a fault. >> in many cases that's a positive, in many cases, that's a negative. we saw that in nixon, holding on to detrimental people for far too long. if this guy reaches critical mass and it damages the

reelection process, he's going to cut him loose like he cut jeremiah wright loose. >> he has become a political slight but it won't hurt him with voters because the economy is dominating right now, it's not relevant to peoples' lives. megyn: interesting. dan, monica, thank you very much, such a pleasure. the occupy wall street protestors, taking their angry message right to the front doors of some of new york city's most influential business leaders, but there is news from wall street today that raises new questions about whether these guys are protesting the right people. we'll show you why. >> breaking news in the disappearance of little lisa irwin, the ten month old girl missing for ten days. police at this moment are mounting a new search effort. we will tell you where, right after this break. >> he came in the room, he said where's lisa, where is she at, i said she's in her crib, whatco do you -- and he said she's not there and we got up and started screaming for her and everywhere, and she wasn't there.

mig fox news alert out of missouri, we are learning right now that police have just launched another new search for ten month old lisa irwin. we are told -- we are told they are bringing in dogs and horse toss a spot described as a, quote, northland location, not based on a tip. we don't know what it is based on. this missouri baby has been missing now for more than a week. a private investigator is speaking on behalf of the baby's parents, although it is not clear who hired him, and we're now getting a new local media report putting that investigator outside of the baby's grandparents' home, for what we cannot tell you. judge alex ferrer is host of the nationally syndicated show "judge alex". thank you very much for being here. i want to start, they've been searching for her in different locations, the police today have clammed up, they've been speaking to us almost every day, judge, today they say they don't want to talk. you've heard the investigators pointing the

fingers at the parents over recent days, the mother saying failed lie detector tests and so on. what does it tell you so far? >> well, the police clamming up indicates to me they've got some lead that they feel is really viable and they're starting to close in on it. whether it ends up being fruitful or not, i don't know. the reality is we hear about them looking in a well, looking in an abandoned house, in the woods. to this day, they've actually traced and followed up on over 300 leads. i mean, they've got 30 detectives working on this full-time. it's just it doesn't all get publicized and most end up being deadends, but the fact that they've stopped talking to you indicates to me they have something more of substance than they had before. megyn: judge, you know as somebody in the judicial system, one of the critical things that will happen in any case is the credibility of the witnesses, the police are doing it now with the parents, if they wind up charging anybody it will happen in the court of law. i want the view respect to see a clip that the -- of

the parents, it aired on judge jeanine's interview on saturday. >> who went first -- who went to bed first? >> lisa. i put the boys to bed. >> you think that was about 10:30. >> yeah. >> were the lights on or off in. >> i had them off. >> was the front door locked or unlocked? >> i don't remember. usually i lock it. i mean, i left the window open. >> what's the next thing that you remember? >> him coming in the bedroom, i didn't know what time it was until he later on had said it, because i didn't check, but he came in, and he said why are the lights on, why is the screen popped out of the window, the corner of it was popped out or something, he ran back and checked, he came in the room and he said where's lisa, where's she at, and i

said she's in her crib, you know, and he said she's not there, and we just got up and started screaming for her, looking everywhere, and she wasn't there. megyn: judge, that piece of it has always jumped out at me. she told judge jeanine she turned the lights off and she tells the investigators that whoever i guess took this baby, in her view, turned all of the lights in the house on? while they were committing this crime? >> yeah. i get the same vibe from it that you do, megyn. before i was a judge and a lawyer, i was a cop, and i get the same feeling from this that i got when i watched susan smith stand in front of the cameras and cry for her children, i get this uneasy vibe that she's involved in some way, in something she doesn't want to tell us. may not have to do with the murder of her child or anything horrible like that, but it might be. as you pointed out, credibility, consistency, there's this gut feeling that you get when people are telling you a story you can't pin down and i get that feeling all over her statement and i credit judge

jeanine for getting her to talk so much because they very rarely are able to get people to talk like that on camera. megyn: quickly, let me ask you, what do the cops do now? do they have no leads, apparently? they're at a dead-end, it seems like. >> i don't know if they are. they're going into the woods are horses and dog, they've picked those routes for a reason. >> we see that every day, they're searching a different spot. >> but there's a different tenor in their search now. all they do is what they're doing, they follow up every lead that comes in and hope that one becomes fruitful and that's how you crack a lot of cases. megyn: they're saying that today's search is not based on a tip, it's based on the intent to be thorough. we don't know what that means formalex ferrer, thank you very much for injure join sights on it. folks, we have breaking news as we get pictures of a plane that made a hard landing in florida on a highway. emergency crews just approached with a stretcher. we're back on this in three minutes.

mig we've got breaking news coming in, forget as we get live pictures of a small plane that made a rather hard landing on a florida highway. look at these pictures. you can see the emergency workers taking someone away on a stretcher right now. this is the florida turnpike, near hollywood, florida. the chopper pilot for the fox apillat said the plane was on its final approach to land at a nearby airport, at least one person taken away by the medical professionals. there was no fire. they put the phone down as a precaution. as we learn more, we will bring that to you. and we've got new information coming in on these wall street protests, and a backstory that no one may have told you thus far, the wall street protestors, marching to the millionaires

march, going to prominent homes of ceos, but we are getting reports the number of wealthy wall street folks is shrinking considerably, in fact, some 10,000 jobs could be lost by 2012 and according to one expert, the reason is not wall street, it's washington. joining me now, fox business network senior correspondent charlie gaspar gasparino. people are angry because millionaires are getting richer and getting tax breaks, but it turns out wall street is struggling? >> a lot. it's because of the dodd-frank financial overhaul, which is a unique response to the financial crisis. when you look at this law, it's 2500 pages, and a lot of the stuff forces wall street out of -- did not have much to do with the financial crisis, but it's costing these firms a lot of money. as you think of these protests, what do they want? in their barely legible, understandable language they want more social services for poor people. this is some of the stuff coming out. but guess what, you're killing the golden goose,

which is wall street, to provide those services, because when you squeeze them they pay less tax money and it's been going down since the financial crisis. megyn: it's so easy to demonize wall street, even though they're getting laid off, but they demon idaho them. i have a sister who runs a day care facility and they said meg, what is the answer for people like me in the middle class because we're getting killed. who do you look at to vote for president and in the elections because it sounds like one party is for the middle class and that the republicans aren't, but is there another side of the story when it comes to an approach to employers, people who hire? >> think about it, who pays taxes? who keeps this big -- new york city is one of the biggest welfare states in this country, maybe the world. who keeps it going? it's the guys that are making money. if you squeeze them, if these guys can't make enough money, if they can't spend money in rest reants, if they can't hire nanny, they can't do stuff, guess what happens? our economy starts to shut down, and that's what's happening now. new york city's budget is

hemorrhaging primarily because the wall street guys are not making enough money. >> megyn: how can that be? the wall street guys aren't making enough money? >> first of all, they're not getting cash bonuses anymore and that's a problem. megyn: who who? that's how team feel -- people feel. i'm the voice of the people on this. >> that's a very narrow way of looking at it. listen, no one has beat up on these guys more than me. i am telling you, when you squeeze them, that will squeeze the middle class, and it's doing it now. they're laying off people in city government now for one reason and one reason only, wall street is not paying enough tax revenue and they're not paying enough tax revenue because you're laying them off. mig mig interesting. charlie, thank you. well, it looks like the fast & furious investigation just rose to a new level. up next, an angry new fallout after the attorney general gets far reaching subpoenas. plus the white house just announced new sanctions against iran after yesterday's foiled terror plot. is it enough? ambassador dan gillerman joins us live. >> the critics picking apart last night's debate but what

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megyn: well, brand new questions for the justice department and the white house this afternoon in connection with the botched fast and furious gun-running sting. a house committee following through with its promise and issuing a new subpoena today to attorney general eric holder and other high ranking doj officials. that's where we begin this brand new hour of "america live." welcome, everyone. i'm megyn kelly. congress demanding to know what they knew and when they knew it. wanting the know more information about the atf operation that armed some of mexico's most dangerous criminals. the subpoena seeks tens of thousands of new documents as well as all communications that the doj had with the white house. on this topic.

william la jeunesse following this live in los angeles. william? >> reporter: well, megyn, the implications are big. the subpoena goes to the substance of the investigation, but it escalates the political battle with the top democrat on the committee that issued this subpoena calling this a republican abuse of power and a fishing expedition. it also heightens the congressional fight with the obama administration which many lawmakers say has stonewalled this investigation for months. so today's subpoena asks for all communications sent and received from 16 top justice officials, including the attorney general, eric holder. it also seeks any communication between the department and the executive office of the president related to this operation. analysts say the white house could invoke executive privilege, and it seeks -- as it seeks to protect what the president knew, what he told reporters in march this year that neither he or holder authorized fast and furious. investigators believe not only did the white house know about it, officials there met secretly with the man in charge, bill

knew well n december of 2009 when this started. the oversight committee also wants any communication with the state department and the embassy in mexico. our agents there say they were never told that the atf was flooding mexico with weapons. this could sub stand state cover-up and perjury charges. fbi and dea informants are alleged to have helped provide the money to buy the guns that the atf was tracking and never told them. you know, there are also some key dates in this, megyn. for instance, when the u.s. attorney's office assured the owner of a lone wolf gun store we are stopping all the weapons as soon as they leave your store, documents show that was not true. the subpoena wants to know what was being said internally at the u.s. attorney's office at the

time when they were telling the gun store owner one thing, but they were doing another. back to you. megyn: william, thank you. the house committee's ranking democrat, congressman elijah couplens, blasted the subpoena saying, quote, it's a deep sea fishing expedition. it demands tens of thousands of pages of highly sensitive law enforcement and national security materials. we'll bring you new developments on this as they happen. fox news alert, the white house just announcing new sanctions against iran some 24 hours after america learned about a plot to kill the saudi ambassador in our nation's capital. in a conspiracy believed to involve the highest levels of the iranian government or at least factions thereof. federal prosecutors charging two iranians including one who is also a u.s. citizen with trying

to hire assassins who they believe to be connect today a mexican drug cartel. here is white house spokesman jay carney. >> provides transportation, funds transfers and personnel travel services to the irgc, the republican guard. we are actively engaged in a diplomatic outreach to many capitals, to the u.n. in new york as well to explain what happened so we can try to preempt any efforts by iran to be successful in their efforts to try to deflect responsibility t and so we can enlist more countries in working together against this escalation by iran. megyn: national correspondent catherine herridge is live in washington today. catherine? >> reporter: thank you, megyn. hillary clinton a short time ago really sharpened the rhetoric by calling for an international response to the plot that targeted the saudi envoy to the united states. >> this kind of reckless act undermines international norms and the international system.

iran must be held accountable for its actions. >> reporter: a short time ago, the house speaker put pressure swearly on the white house -- squarely on the white house, megyn, to respond to the iranian plot. >> i think this plot is, it's a very serious breach of international behavior. and i would hope that our administration would hold the iranian government, and hold their feet to the fire. >> reporter: the criminal complaint against 56-year-old manssor arbabsiar, he was arrested on september 29th, criminal complaint really reads like a b movie. there's coded language that included chevrolet for the assassination of the ambassador and a second suspect, a member of iran's quds force is believed to be hiding in iran.

and also a short time ago senator mccain was asked about the threat iran presents to the united states and its allies. >> the president needs to tell the american people in the context of what the iranian behavior is, and it is a threat to, frankly, the entire world if they are achieved, they're able to achieve nuclear weapons capability which they're in progress of doing so. >> reporter: two senior former intelligence officials said the plot doesn't feel quite right and seems to go against iran's pattern. one official said, quote, why not enlist hezbollah's a-team rather than a narco cartel? megyn: good questions. catherine herridge, thanks so much. >> reporter: you're welcome. megyn: iran is hardly knew to accusations of terror. back in 1984, the united states first designated iran a state sponsor of terrorism and it remains the most active sponsor

of terrorism. iran has been found to provide support, weapons and training to shia militant groups in iraq. groups directly responsible for the deaths of many american troops. for the latest on the alleged terror plot in d.c. and how america reacts, you can check out foxnews.com. get those reports as well as analysis, and you can find what the suspects' friends are now saying about his arrest. well, if you thought the solyndra loan scandal was bad, listen to this one. new questions being raised today as we learn that another failing company, sun power, was given a government loan guarantee for $1.2 billion which is, of course, more than twice the amount of money approved for solyndra which is now bankrupt, and right now that company, too, not looking good. elizabeth macdonald of the fox business network has been covering this. liz, you've got a lot of experience covering these accounting scandals and bad financial statements.

so what is the story now with sun power? >> reporter: the story, megyn, is sun power has always had a rocky earnings picture. it burned through over $230 million in cash so far this year, it's posted $150 million in losts in the -- losses in the first half. it's got a really bad debt picture, its debt is almost 80% higher than its market capitalization, and it, too, is facing class action suits for misstating its earnings. it's got a several class action suit that it's dealing with right now. and the issue with sun power, megyn, is this. sun power got a conditional guaranteed department of energy loan promise back in april of $1.2 billion. soon after it got capital injection from the french energy giant, total. total also gave sun power a one billion dollar credit line. you know, sun power has been coming into the credit market, it's been setting up borrowings

with credit agricole and deutsche bank, other banks, so the question is why did this company need to turn to the u.s. government to get fakier money when it was already getting financing in the credit markets? and the other issue, too, megyn, sun power, basically, is getting cheap financing out of the u.s. government. those interest rates are a lot lower than what they would have to pay in the credit market. megyn: well, what's the answer to that? why did they turn to the federal government? >> reporter: well, i think they just figured, hey, the money's there, let's go after it. by the way, we reached o out to sun power, and they said they cannot comment because they're having a new quarterly profit -- megyn: is that what they call it, a quiet period? >> reporter: that's right. megyn: i'm going to use that on my husband. not now, honey. >> reporter: what's going on here is that they're essentially saying, look, you know, we are building this plant, this solar plant in san louis to bit poe, we are building a plant in

mexico, so they did not answer our questions whether or not any u.s. taxpayer money is going toward that plant. but the san luis obispo plant, 15 permanent jobs there, it'd cost us $80 million in taxpayer money for that. megyn: wow. >> reporter: there's political connections, we've got representative george miller, a democrat out of california, touring the plant. the company told fox business last far with interior secretary, ken salazar. we called george miller's son's lobbying firm, they did confirm that george miller, the son, does work for the lobbying firm and sun power is a client of that firm. back to you, megyn. megyn: wow. there'll be more questions about this in the days to come. liz macdonald, thank you. >> sure sure, delighted. megyn: well, one of the targets in iran's alleged plan, in three minutes we will be joined by ambassador dan gillerman on the response from the u.s. and israel. plus, a self-described superhero fights lawlessness in

his fair city. unfortunately, that turns out to be illegal. look at this, does this look like a superhero to you? is this what you do? if so, they won't be calling you very often. that's upcoming. [applause] megyn: also, there is this. the big winners and losers in last night's big republican debate. our focus group weighs in. let me ask you this, because herman cain had to get on the map last night, they had to attack him. somebody who really needed to make a stand was rick perry. the stakes were high for him, the question is did he make a mark one way or the other? [ female announcer ] so you think your kids are getting enough vegetables? yeah, maybe not. v8 v-fusion juice gives them a full serving of vegetables plus a full serving of fruit. but it just tastes like fruit. v8. what's your number? thanks martha -- triggered my stop loss orders... saved me a pantload. [ crying ] oh great.

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megyn: having problems with your blackberry snodgrass speaking of quiet -- today? speaking of quiet time, join the club! a service outage making its way to the u.s. and canada today. still lingering into the afternoon. it has been three days for folks

in europe, asia, latin america and africa with messaging and e-mail on the fritz, some users even being offered compensation for their service. the canadian company that makes the phones, research in motion, says it is working to fix the problem. stock shares for the company fell almost 2% in morning trading, poor yates, i blamed it on my little man. turns out it wasn't his fault at all. well, iran today is expressing outrage -- i say iran is expressing outrage -- over the accusations that it is behind this plot to assassinate the saudi ambassador on american soil, a plot that would mark a radical change in how the rogue nation directs terror attacks. so what can america and her allies do? are more sanctions the answer as the administration appears to believe? joining me now, ambassador dan gillerman, former israeli ambassador to the united nations and a fox news contributor:

ambassador, so good to see you again. there's a slight delay, but i want to ask you about the united states' response thus far which has been a new global campaign to isolate the islamic republic, more sanctions. >> well, good afternoon, megyn. it's very good to be with you. i must say that i saw the director of the fbi just yesterday describe this as something that could be out of a script of a hollywood movie. and i think that's part of the problem. i think that the united states is still viewing the iranian problem as a hollywood movie while what we just witnessed over the last few days is a reality show, actually something very real and coming to a theater near you very soon if we're not all very careful and conscious of how serious this is. and i think that this is, should be a wake-up call to the united states and to the international

community, and it should make everybody realize that the rape yangs -- iranians are not taking the international community or the united states' threats seriously. they are continuing to show that they have no value for human lives, that they are ruthless and will stop at nothing. and just remember, this is a country that is very near to achieving nuclear capability and having nuclear bomb. just imagine what would happen even in this instance if they had a dirty bomb? a dirty bomb the size of a cookie could destroy most of washington, d.c., let alone kill the saudi ambassador or the israeli ambassador or destroy several ambassadors. i think what this means, they are not taking sanctions seriously, they're not talking seriously, and they should be made to realize that the international community will not stand for a nuclear iran and will not stand for iran becoming a rogue nation which harbors

finances and plots terror all over the world and that all options including a military option are on the table to stop iran. megyn: now, some are raising questions today about whether this really was iran or whether this guy who we have under arrest may just be claiming that. of course, iran's denying it, but the more objective sensors aren't basing it on that. they're saying it doesn't look like something would do, connecting with the zeta drug cartel in mexico and trying to target a saudi ambassador on u.s. soil which, you know, if you're going to do something big on u.s. soil, why would it be just to assassinate the saudi ambassador? do you believe that iran would have been or could have been behind this plot, a plot that looks like this? and if so, what does it tell you about them getting more brazen? >> well, i believe that nothing is beyond the mad lunatic

imagination and, indeed, deeds of this regime including its ranting president who we just witnessed at the general assembly of the u.n., a president who denies the holocaust while preparing the next one and is threatening to wipe israel off the face of the map. now, not long ago iran was responsible for the bombing of the israeli embassy in benz -- buenos aires in around argentin. a very thorough investigation proved that iran, the highest echelons of iran including its regime were responsible for plotting and carrying out the bombing of the israeli embassy in buenos aires. these people have tentacles, bloody fingers that reach all across the world. we are facing them every day in the form of hezbollah in the north and hamas in the south who are nothing but proxies of iran. so now they've reached out to washington, d.c., and i would

certainly not put it beyond them. there is nothing that this regime will stop at on its quest to terrorize the world and export shia extremism. they're trying to do it in the arab world and the muslim world, and they've now, i believe, reached also the united states. i would be very careful about discounting the possibility that it is iran. i think that something like this could not happen without the very direct involvement of not only iran's president ahmadinejad, but its, its religious ruler or the ultimate ruler, khamenei. this is a country that will stop at nothing to terrorize the world. america is, for it, the big satan. we are the small satan, and they will do everything they can to kill as many americans, as many israelis and, in fact, as many be free.com-loving people around the world and, therefore, they

must be stopped. megyn: ambassador dan gillerman, thank you so much, sir. the vice president this morning said nothing has been taken off the table in terms of our response to the plot. stay with us. [ male announcer ] this is lara. her morng begins with arthritis pain. that's a coffee and two pills. the afternoon to begins with more pain and more pills. thevening guests arrive. back to sore knees. back to more pills. the day is done but hang on... her doctor recommended aleve. just 2 pills can keep arthritis pain away all day with fewer pills than tylenol. this is lara who chose 2 aleve and fewer pills for a day free of pain. and get the all day pain relief of aleve in liquid gels. [ male announcer ] we're not employers or employees. not white collar or blue collar or no collars. we are business in america. and every day we awake to the same challenges.

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♪ megyn: i have actually been to a shakira concert, and i can tell you, i recommend it. international pop diva shakira taking on a brand new role. president obama tapping the colombia native to join his commission on excellence for hispanics. the grammy award-winning pop singer says she hope toss share

what she has learned through 15 years of helping latino children get a better education. >> for a number of reasons, young latinos in this country disproportionately drop out of school, and far too few finish college, and as i have seen, the only road out of poverty is education. of that, i'm convinced. [applause] [laughter] megyn: she's cute. the commission has been active since may, the addition of shakira comes as president obama steps up his outreach to the hispanic community and its celebrities. she's cute, she can dance and sing. holy handcuffs, batman! seattle's self-proclaimed superhero is expected in court tomorrow. meet phoenix jones. he was arrested and accused of assault by pepper spray. the harrowing ordeal, of course, caught on tape, and who better to tell us about it than trace gallagher live in our west coast newsroom? trace? >> reporter: you know, phoenix jones has gotten a lot of

attention in seattle over the past several months, and now video cameras follow him everywhere to kind of capture his exploits of fighting crime as we know it. but now the man, as you can see here in the black and yellow mask with the big pumped-up body suit s in if a little bit of trouble with the law. you see, jones and his sidekick, they call him the ghost, well, they were trying to break up a fight in downtown seattle, and they didn't do it the conventional way. you'll see 'em run down here like batman and robin, you'll see them running down toward crowd. what he does is he sprays everybody with pepper spray to break up the fight. [laughter] the problem is, our beloved superhero pepper sprayed a woman who did not like to be pepper sprayed, and so she decided to go back after. first, you'll see her go after the ghost. see it right there? she goes after ghost. then she says, wait a minute, no, here's the superhero. i'm going after him. [laughter] gather around, children, watch the superhero get the daylights

beat out of him. here it goes. [laughter] so the superhero, we should just listen to this for two seconds. >> [bleep] [bleep] [laughter] >> don't touch me. >> reporter: you hear the beeping in there? they were not kind words toward our beloved superhero. anyway, phoenix jones got charged with assault because the cops said i don't care if you wear a mask, you can't go around spraying people with pepper spray. megyn: he can't? >> reporter: no. he could face a year in prison or jail because of this if he gets convicted. so he's not guilty, he's not from krypton or another planet, but we have decided to not reveal his identity unless he's proven guilty, or until your e-mailers say they want it, and then we'll spill the beans at the end of the show if we need to. [laughter] >> reporter: but for now, his identity -- megyn: you know, that's just how all the supers did it. when the person turned around and started wailing on them,

they ran. they made a run for it. >> reporter: super sissy, yeah. i know. superheros are not the way they used to be. megyn: oh, we needed a laugh today. thank you, sir. hey, coming up next, a great segment. our "america live" focus group on last night's debate. it's next. let me ask you this, after last night who would you vote for if the vote were tomorrow? [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. i don't always have time to eat like i should. that's why i like glucerna shakes. they have slowly digestible carbs to help minimize blood sugar spikes, which can help lower a1c. [ ma announcer ] glucerna. helping people with diabetes find balance. every time a local business opens its doors

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megyn: well, new fallout now from last night's republican showdown in new hampshire. already we've heard plenty of pundits weigh in with their initial impressions, but what did viewers and voters think? as we like to do here on "america live," we hit the streets and put together a focus group made up of folks with different backgrounds including different political ideologies, and they join me now in the studio. all right, panel, thank you all so much for being here. let's start with what appears to be the story of the evening, and that is herman cain. as he has risen in the polls, he has risen in terms of attacks, and he was very much the center of attention last night, defending his 9-9-9 plan. here's just a sample of the incoming on him. >> herman, i've had the experience in my life of taking on some tough problems, and i must admit that simple answers are always very helpful but often times inadequate. and in my view, to get this economy going again we're going to have too deal with more than

just tax policy and energy policy, even both of those are part of my 34r57b. >> how many here are for a sales tax in new hampshire? there you go, herman. we're not going to give the american -- we're not going to give the federal government and nancy pelosi a new pipeline a 9% sales tax for consumers to get hammered by the federal government. how many people believe that we'll take the income tax at 9%? anybody? >> all right. >> so if you keep mentioning 9-9-9 and herman cain, i'm going to have to go back to him every other question. [laughter] megyn: and the point seemed to be that it may sound good on paper, but it's just a tax plan, and one that has some questions or some red flags with respect to it. did they make the point effectively, david? you're a federal tax practitioner. >> it's really interesting. it's an entirely new approach, but it doesn't address all the present litigation, all the people who are under examination and audit. and then, of course, all the

resistance, particularly in states where there is no sales tax or the sales tax is significantly a lesser amount. so i think it is a fast answer to a fairly complex problem. i'd like to preface it by saying i do believe in the internal revenue code, it just has to be -- megyn: you're the one. [laughter] so let me ask you this, was there anybody there who liked cain before last night and then had new questions about the 9-9-9 plan as a result of what theyed that? >> cain's fantastic. megyn: you love cain. you're a gop strategist. >> yeah. he doesn't come up with the late itself talking points, he started with basically nothing and grew godfather's pizza, and he's a cancer survivor. and frankly, mr. irs, the irs sucks. [laughter] corporations are able to get all the money to get out of it. i like 9-9-9. >> something like brain surgery -- >> nobody can understand it. >> plenty of people can understand it.

>> we need to simplify it. megyn: he wants to throw it out. >> of course, he does, that's his job. megyn: herman cain wants to throw it it out altogether. speaking of pizza, there was this comment. >> i thought it was the price of a pizza when i first heard it. [laughter] price of a pizza. megyn: that's on the 9-9-9 plan. anybody offended by that? did you have a reaction to that? >> yeah, i think typically in debates we see a lot of these barbs, and so i think that was par for the course. the fact that things maybe were a little bit less, um, i think, a little bit less of an attack situation, i thought that was a little out of line because nobody was really bringing that to the table. megyn: and you're katrina, a tv personality, journalist. i don't know, it took me as out of the decorum. >> i like herman cain very much,

he has an easy dialogue with the public, and, of course, he comes from a strong business background, so he understands branding and marketing very well. i think the important thing that he's doing is outlining and emphasizing the importance of reforming a, a formidably destructive tax program in this country. he's not necessarily -- the 9-9-9 doesn't have to be a strict interpretation, he's drawing attention to an important issue. >> that's exactly the key thing. we have to get to a radically simpler tax code that people can understand and that corporations can buy their way out of by creating a new loophole every lobbying session, and that's where we are right now. megyn: and you're an independent. herman cain had to get on the map last night, i heene, they had to attack him because he's been on the map. somebody who really need today make a stand was rick perry, and he did poorly in the last couple of debates, i was at the one for fox. the stakes were high for him last night. the question is, did he get it

done? did he make a mark one way or the other? here's just a sampling where he was talking about how he's going to turn the economy around and focus on energy. watch. >> we need to be focused on how we get america working again. that's where we need to be focused. let me tell you, we're sitting on this absolute treasure-trove of energy in this country, and i don't need 9-9-9, we don't need any plan to pass congress, we need to get a president of the united states that is committed to passing the types of regulations, pulling the regulations back, freeing this country to go develop the energy industry that we have in this country. i can promise you that we do that, and we'll create an environment in this country where the manufacturing will come back to this country. we did it in texas. megyn: did he get it done? lee. >> i thought he took a major step back last night. megyn: step back? >> yeah. i thought he, basically, disappeared from the panel. he didn't answer the questions directly. when talking about the economy, he didn't even really talk about his economic plan, he kept

saying i'm going to lay it out over the next three days. the debate's about the economy. >> he didn't have any. he had no energy. [inaudible conversations] he didn't wake up from his nap yet. megyn: you were shaking your head, jen, you're a liberal. >> yes. you know, i don't really -- this was one of the first debates that i've really paid attention to, and i honestly, i nearly forgot about him by the end of the debate. i really, i pretty much forgot what he had said. so i don't think that he came out that strong, i don't think that if he had been slip anything the polls, i don't know that -- slipping in the polls, i don't know that he redeemed himself. megyn: he turned it around. >> no, not at all. >> the unfortunate thick is he had some meaningful things to say about energy. i've been in the clean energy world for the last five years, and the reality is it's been a fantasy to develop renewables as a scaleable energy proo next, and what he's trying to bring to the table which he's unable to

express is the fact that natural gas, oil, etc., we have the resources in this country to be energy independent, and we are not developing it, and -- megyn: that's been a big issue for him. >> yeah. megyn: rick perry's, obviously, not as smooth as some of the other candidates, in particular mitt romney. others would say we have a smooth talker in the white house right now, and republicans would say we don't want that anymore, even if rick perry stumbles a little bit, but this is a question about who's going to get the gop nomination. watch mitt romney defending himself on the topic of health care. >> i'm proud of what we were able to accomplish. we have the lowest number of kids as a percentage uninsured of any state in america. you have the highest. you have over -- i'm still speaking. i'm still speaking. i'm still speaking. we have, we have less than 1% of our kids that are uninsured. you have a million kids uninsured in texas. a million kids. under president bush the percentage of uninsured went down. under your leadership, it's gone up. megyn: jesse murphy, is he

persuading you? >> he's persuading you. you know, as a college student i think that, you know, what i'm looking for is i'm looking for someone who can really address the health care issue. i mean, i think it's something that we have other issues, but i'm really happy that he's actually going there and actually addressing it. megyn: what about you? you're a small business other than, health care, the president's health care law's been a big issue. mitt romney, you know, he's not as far to the right on that issue as the other conservatives. >> i'm a big mitt romney fan in the beginning, but what i think that mitt romney has is that he really focuses on the economy, and i think he has the ability to turn it around. and if you look at the jobs report in the last couple months, two-thirds of all the new jobs created are by small businesses, so i want someone who can turn that around and really focus on what we need to build our companies up. megyn: let me ask you this real quickly, after last night, who would you vote for if vote was tomorrow? >> if it's tomorrow, i'm going with romney.

megyn: bob? quickly. >> i think you have to say that he's almost the presumptive winner at this point, and i think he's going to garner almost all the votes. >> romney is prepared. >> if we're talking about last night's candidates, then i would say romney. he's the smoothest. >> truthfully, i don't really like any of them, but if i had to pick, it'd be either cain or romney, and i'd probably go with romney, although i'm not happy about it. megyn: you don't feel happy about it. >> i'm still undecided, need to know more about cain. >> romney. >> romney, by far the strongest. >> rick perry, the next president of the united states. megyn: rick perry. [laughter] >> texas is contiguous to mexico. they have a terrible illegal alien influx, and when he's counting uninsured, you're talking about legions of people who go to the emergency rooms that you don't have in romney's state. so if you look at it with a critical eye and in a, an accounting view, you'll see that it really was not a fair comparison, it was a manipulation. megyn: thank you all so much.

>> and it worked. megyn: thank you all so much, i appreciate your insights. all the best. well, that was interesting. what do you think? let me know at kelly@foxnews.com. in the meantime, the manslaughter trial of dr. conrad murray, a medical examiner telling a different tale from michael jackson's doctor's story. now it all cams down to this: could michael jackson have ingested the last fatal dose of propofol on his own? that's on the docket in kelly's court.

megyn: a new deal for chrysler, the car company reaching an agreement on a four-year contract that will create 2100 new jobs. the union says chrysler will also invest billions of dollars in its plants, the deal covers 26,000 workers. well, kelly's court is back in session. on the pocket today, the critical medical expert testimony that could decide the case against michael jackson's

doctor, conrad murray. lawyers for dr. murray today dropping a claim previously believed to be at the heart of their defense, namely, that the singer swallowed the fatal dose of propofol himself. this after a coroner threw cold water on that theory yesterday. >> the theory that seems less reasonable to me is that mr. jackson woke up and, although he was under the influence of sedative medications, managed to give himself another dose -- megyn: uh-huh. the medical testimony is ongoing right now, and the expert who was on the stand at in this moment has been merciless. toward dr. murray. we're going to play you some of the show. joining me now, john and lis wiehl who's a fox news legal analyst. lis, right now on the stand they have a guy who's a cardiologist

who is going after dr. murray. >> absolutely. megyn: first and foremost, let's talk before we get to his sound bites, let's talk about the testimony, the fact now that the defense is abandoning the theory that michael jackson swallowed propofol. so now what's theory going to have to be, that he injected himself? >> somehow. somehow he ingested the propofol himself, he took that lethal, that lethal ingestion. and you know from a prosecutor's standpoint that if you abandon your theory of the case, it's over, you're done. and the defense is slowly backing off from their theory of the case, so what do we have to believe? he department swallow it in that -- he didn't swallow it in that orange juice container next to him, he must have somehow hooked it up via iv. it gets more and more farfetched. megyn: that's going to be extremely tough. the prosecution is also building the case that the administration of propofol if any event -- because he admits he gave him

some -- is negligent, and the way he monitored michael jackson was extremely negligent. again, this is a cardiologist who attacked dr. murray for using propofol, something you use in the operating room, to help a guy get to sleep. listen here. >> in your opinion, is the use of propofol as part of a doctor's medical practice to treat insomnia gross negligence? >> yes. >> it's indicated for procedures in patient comfort, not for sleep, that's extreme deviation from the standard of care. megyn: how are they going to get beyond that? >> well, and here starts the battle of the experts. these are going to be the last three witnesses for the prosecution are going to be these experts, and i agree that the prosecution actually has the easier job in this trial even though they have the burden of proof because if they can show any amount of propofol when administered at home without equipment and without resuscitative equipment is negligent, i think they win. but we have not heard, of

course, yet from the defense experts who will probably counter -- megyn: the cross-examination just began moments ago, so we're monitoring that. lis, they are going after him not just for giving the propofol, but for not watching michael jackson. let's listen to sound bite two, and then i'll get you to weigh in. >> okay. >> when you monitor a patient, you never leave their side, especially after giving propofol. it's like leaving baby that's sleeping on your kitchen countertop. you look at it, and it's probably going to be okay, and you're just going to put some diapers away or go to the bathroom. but you would never do it because there's a small, very, very small chance that the baby could fall over or wake up, get startled and grab a knife or something. so you always monitor the patient. megyn: is there any question that dr. murray did leave mj alone? >> absolutely, we have the cell phone records to prove that, the

testimony last week to prove that, and that sound bite you just played is going to resonate so much with any juror whether you've got a child or not. you don't leave a baby on the kitchen countertop and walk away from the baby. it might be okay, might not. and that is really going to -- that was excellent testimony. megyn: but, jonna, the defense claims he only walked away for two minutes. >> would you leave a baby on the counter for two minutes? >> how genius is it to compare this to a baby? apples and oranges. yeah, what the defense is going to have to show, look, dr. murray gave such a small amount that it was not going to be lethal no matter whether he walked away for two minutes or two hours. going back through their experts, they're going to present that testimony to counter this. megyn: and if they're going to maintain the claim that he walked away for two minutes, that's when they're going to have to argue that he awoke, ingested more propose toll and died in the two minutes dr. murray left the room.

there's some more testimony about this guy talking about would michael jackson be alive if dr. murray had not acted the way he did, we have that for you right after this break. almost tastes like one of jack's als. fiber one. h, forgot jack cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, ts is pretty good. [ male announcer ]alf a day's worth of fiber. fiber one. [ jack ] yeah, ts is pretty good. you could save a bundle with geico's multi-policy discount. geico, saving people money on more than just car insurance. ♪

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megyn: all right. so, lis, i want to play this sound bite because the prosecution needs to prove that dr. murray did all these bad things -- >> right. megyn: -- but that they caused the singer's death, michael jackson's death. here was the critical testimony that went to that issue today. >> all those deviations, giving propofol, giving propofol in an unmonitored setting without personnel, without appropriate monitoring, without the appropriate equipment, not being prepared, not doing, appropriately reacting to an arrest, not calling 911 on a

timely fashion all directly impact, impacted his, his life. because if these deviations would not have happened, mr. jackson would have been alive. megyn: and that is what it all comes down to. >> megyn, the doctor went through, actually, six deviations and said all of those things taken together conclusively determined that that was the causation of michael jackson's death. by the way, you know, from the autopsy report was ruled a homicide. so the prosecution is tieing this all together very nicely in the expert witnesses here today, megyn. megyn: jonna, is it so impossible that michael jackson, an addict by even his own doctor's account, would have not fallen asleep from the initial dose and woken up and said, i need more? who knows whether he was a stranger to injecting himself. he had an iv that murray put in. so why is it so impossible he could have injected himself? >> i don't think it's so impossible. i think it's a tough row to hoe

for the defense, but that's why i believe their expert testimony is probably going to show that michael was no stranger to injecting himself previously and could have done it when dr. murray left the room for two minutes and, listen, this drug is so volatile that it can kill in seconds. that could cut both ways, but that probably will be the direction -- >> yeah, but, jonna, even if you buy that -- i agree with you -- even if you buy all that, the fact that murray hooked him up, gave him the propofol, then left the room to have that possibility even open, even if jury buys, okay, maybe michael jackson could have woken up from his stupor and injected himself in the iv, i mean -- [inaudible conversations] megyn: he's supposed to watch the patient. he's not necessarily supposed to watch him so he doesn't inject himself with more, either way though -- >> either way. megyn: panel, both, thank you so much. appreciate it, lis and jonna. brand new developments in the search for baby lisa. a well known private

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