that's where we gin this hour of "america live." welcome again. during a news conference with south korea's leader, the president taking his first question on iran and how the white house is handling this situation. >> our first step is to make sure that we prosecute those individuals that have been named in the indictment, and i will leave to the attorney general the task of describing how that will proceed. the second thing that we're going to continue to do is to apply the toughest sanctions and continue to mobilize the international community to make sure that iran is further and further isolated and that it pays a price for this kind of behavior. keep in mind that when i came into office, i think iran saw itself as being able to play

various country against each other and avoid the kind of isolation that it deserved. megyn: the president making clear that this plot did have ties to tehran calling it direct links to tehran and saying there will not be a dispute over what happened here because there has been more and more talk in the day or two about whether this thing really would have been orchestrated by iran, would it have gone to someone it believed was a member of the zeta drug cartel in mexico to assassinate a saudi ambassador inside of the united states, and would it embark on such a bold plot to unleash terror inside of washington, d.c. when it would surely know what the consequences of bloodshed here on american soil would be? many people saying this doesn't have the hallmarks of an iranian plot who would normally use hezbollah or hamas, not a member of the zeta drug cartel and not going through a car dealer, a used car dealer down in texas

who happens to have both an iranian and american passport. nonetheless, the president saying, again, there will be no dispute over what happened, this was an iranian terror plot and saying that there must be accountability for what iran has done, saying people in the iranian government were, indeed, aware. our chief white house correspondent for fox news channel, ed henry, threw out the first question to the president. he joins us now live from the white house. >> reporter: good afternoon, megyn. the president did not want to touch the question about whether or not this was an act of war by iran. he said he was going to leave that to the attorney general to let the investigation go forward, but interesting the president made very clear to me and everyone in the room and everyone around the world that, in his words, every option is on the table, including the military option. so that is out there, for sure. but when i specifically asked the president to react to mitt romney, the republican presidential front runner in some polls concern not all polls, obviously -- he decided to say i didn't know you were a spokesman for mitt romney.

he did not want to engage in that even though i was just quote what one of the leading republican candidates out there is saying right now. some of his staff has been engaging with mitt romney in particular david axlerod just yesterday going after mitt romney on the issue of taxes. so they're picking their spots on where they want to engage the republican candidates and where they don't. megyn: ed, i want to -- we have that sound teed up. i want our viewers to hear it, and i do want to ask you about it. listen here. >> what specific steps will you take to hold iran account signal especially when mitt romney charged last week, quote, if you do not want america to be the strongest nation on earth, i am not your president. you have that president today. >> the, well, i didn't know that you were the spokesperson for mitt romney -- [laughter] but the -- megyn: what do you make of that, ed? because, obviously, that happens all the time in these white house q&as where you quote somebody else whether it's a

republican like boehner or somebody to the president. why do you think he took issue with that, and what is going on between barack obama and mitt romney? as you mentioned, the white house put out the fact that they were attacking him that he's enemy number one for them politically right now? >> reporter: look, i don't want to read into why the president would say that, but just yesterday his own white house was engaging directly with the issue of mitt romney on the issue of taxes, tax cuts. they believe they're going to engage with mitt romney head on. as you noted, in these news conferences it's pretty typical to quote political opponents whether it's john boehner, whether it's mitt romney. here's what they're saying, what's your response? i was trying to put it in the broader context of not just mitt romney, but there are a lot of republicans who charge this president leads from behind, this is an opportunity for him to push back on those critics in the context of iran. he chose to say what he said. i'll let that stand and let him say what he wanted to say.

i think everyone can see that he decided not to engage with mitt romney, instead decided to kind of go after me a little bit. megyn: well, with all due respect to the romney camp, you did a better job. thank you very much, we appreciate it. so we now have the commander in chief laying out america's position on what some have called an act of war. the president calling on the international community to respond. in about five minutes, we will ask a retired four-star general to respond right here on the white house's call. well, some people -- ♪ megyn: there it is. some people chuckled when the former ceo of godfather's pizza announced five months ago he was running for president of the united states, but anne is the one -- herman cain is the one with the smile on his face today now sharing first place. in a national poll for the first time, the nbc/"wall street journal" poll has cain with 27 better, mitt romney with 23%. we say he's tied because within

a margin of error, that makes them a statistical dead heat for those two. rick perry lagging back with 16%. that, of course s a huge surge for herman cain over the past two months. look at this. look at that. back in august he was at 5%. tied for a very distant fourth place. what a difference a couple of months and a couple of debates make. steve centanni in our d.c. bureau with more on this one. >> reporter: this campaign, megyn, certainly has had a lot of twists and turns, it's probably not over yet either. this is the first time cain has been the front runner in a major poll and represents a sudden season and very dramatic rise in his political fortunes. now, cain has enjoyed good showings in recent debates, his 9-9-9 economic plan has gotten increased attention, but experts say it will also face increased scrutiny. how cain explains and defends it could determine his success going forward. and some point out this race has been extremely volatile up to this point and may continue that

way. >> since late spring, just since late spring the republicans have had five, count 'em five, front runners; 2k07d trump, mitt romney repeatedly, michele bachmann, rick perry and now herman cain. that's no cut at herman cain. he's a great guy, everybody who knows him speaks well of him. people like him because he's not a politician. but on the whole, why should we believe the new front runner will sustain that status any more than the other four who had it? >> reporter: democratic pollster peter hart who co-authored this survey told me voters have been leaning more and more toward cain, and they like -- learning more about him, and they like what they learn. cain enjoys strong support among tea party voters who question mitt romney's conservative credentials. as for romney, hart says 09% of republican voters know him and respect him, but they're still searching for a candidate they can, quote, fall in love with. he still has a strong organization and better

fundraising capability, megyn. megyn: steve centanni, thank you. >> reporter: you bet. megyn: well, moments ago president obama complained about the failure of the senate to pass his jobs bill. that comes as the weekly unemployment numbers out today show claims inching down, albeit barely. 1,000 fewer people filing for unemployment, bringing the weekly number down to 404,000. that's the good news. the bad news is economists say it needs to consistently fall under 375,000 to signal sustainable job growth, and it has been many, many weeks, other 160 weeks -- over 160 weeks since it hit that. yesterday, we heard a scary-sounding warning from vice president biden who seemed to suggest that rape and murder would go up if congress does not pass the president's jobs bill to help pay for police officers? here's mr. biden speaking in flint, michigan. >> in 2008 when flint had 265 sworn officers on the police force, there were 35 murders and

91 laps in this -- rapes in this city. in 2010 when flint had only 144 police officers, the murder rate climbed to 65, and rapes -- just to pick two categories -- climbed to 229. in 2011 you now only have 125 shields. god only knows what the numbers will be this year for flint if we don't rectify it. megyn: coming up, we'll take a look at what is really at stake for the president with this jobs bill and what's been happening with the unemployment picture in america as the president approaches 1,000 days in office. well, the tranquility of a beachside town outside of los angeles forever shattered. eight people are dead today after police say a man apparently enraged over a bitter custody battle -- how many times have we heard that -- opens fire at a salon where his ex-wife worked. police arresting the suspect about a half mile from the

scene. witnesses say the shooter just did not stop, appearing to shoot anybody and everyone he saw. casey steegal streaming live to us from seal beach, california. casey? >> reporter: yeah, megyn. it's looking more and more, in fact, like a very calculated crime when you consider the that the suspect was arrested not far from where i'm standing, and at that time some of the police say he was wearing body armor under his shirt, that he had extra ammunition in his pockets of his cargo pants and that multiple weapons were recovered from his truck. now, it is not clear if murder weapon was among those recovered, but 42-year-old scott decry has not yet been formally charged. he remains in if police custody until all of the details are sorted out. eyewitnesses say his ex-wife was a licensed cosmetologist at the salon who was working at the time, most likely the intended target here. but investigators are not saying whether she is among the eight

dead. we are, however, learning from a close friend of the salon's owner that he did not make it out alive. randy fannon who has owned the salon in this community for some 20 years. >> my friend had driven by and saw the police cars, and she said something's happening over there, and i turned on the news and saw salon meritage, saw six people were dead, and i knew he was going to be one of them because he wouldn't have run. he would have tried to stop it. >> reporter: now, at this hour the suspect's home in neighboring huntington beach, california, is being searched by investigators. it has been roped off with crime scene tape. they are trying to find clues there. meantime, this busy shopping complex here in seal beach where we are is reopened, it has been filled with a lot of mourners and well wishers, folks that are stopping by to light candles and signs back there. this news, obviously, has rocked this tiny coastal community,

megyn. megyn: casey steegal, thank you. new fallout today surrounding the death of anwar al-awlaki, the u.s. air strike that killed al-qaeda's mouthpiece also took out this well known terror propaganda publisher, so why did his family just receive an apology from the u.s. state department? and new developments in the search for little lisa irwin. police releasing this surveillance videotape showing the missing child's mother buying wine and baby supplies just hours before little lisa went missing, the mother says. why are they releasing this thousand? the new questions about this tape just ahead. plus, the case of the hackerarazzi. a man busted for hacking into the personal phone and e-mail accounts of hollywood's top starlets. we'll find out how he did it. >> christopher cheney illegally accessed these e-mail accounts to obtain personal information about these victims, some of whom are well known celebrities.

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megyn: back, now, to our top story this afternoon. president obama making his first on-camera statement on this alleged terror plot that the government tells us was hatched inside of iran. the u.s. uncovering the plan to us, at least, revealing it to us earlier this week. here is president obama moments ago. >> our first step is to make sure that we prosecute those individuals that have been named in the indictment, and i will leave to the attorney general the task of describing how that will proceed. the second thing that we're going to continue to do is to apply the toughest sanctions and , you know, continue to

mobilize the international community to make sure that iran is further and further isolated and that it pays a price for this kind of behavior. keep in mind that when i came into office, i think iran saw itself as being able to play various countries against each other and avoid the kind of isolation that it deserved. megyn: general jack keane is a retired four-star general and former vice chief of staff of the army and a fox news contributor. sir, thank you so much for being back on the program. it's a pleasure to have you, as always. >> glad to be here. megyn: i want to get your action to that. the president -- two points. we're going to apply the toughest sanctions, we're going to continue to mobilize the international community and to be sure that iran becomes further and further isolated. so that is the game plan right nowment your reaction? >> well, first of all, this is a stunning rebuke to our policy of negotiation, and this benign policy we have now of isolation.

look, the iranians declared war against the united states as our strategic enemy in the region in 1980, and we've been very slow to truly understand what that meant, and we don't act against it. they use their proxies against us in lebanon and blowing up our marines in the barracks, the american embassy, they blew up our barracks in saudi arabia in the '90s, they used their proxies to kill american every single day in iraq. they're doing the same thing in afghanistan. they're thinking very clearly. the united states is their enemy. we're the ones who are waffling and don't understand what's taking place before our eyes. megyn: what do you make of the president's comment that when he came into office, iran saw itself as being able to play countries against each other and avoid punishment as opposed to, i guess, now? >> well, the iranians have successfully played us. they have manipulated us. the fact of the matter is they

talk soft at times, we take one step back, and then they take two steps forward. the iranians have always seen our negotiating stance as a dramatic sign of weakness. they want us out of that region, and they're taking, clearly, acts of war through their proxies to drive us out of that region. megyn: general, and i mentioned before the break there are questions about whether iran really, whether this looks like something iran would do, whether it really does have iran's fingerprints on it. would they really hire some or coordinate with some used car dealer down in texas to contact a member of the zeta drug cartel to bomb embassies and assassinate a saudi ambassador inside of washington, d.c., or if they really wants to, you know, unleash some sort of act of war inside the united states, would they use hezbollah, would they use ha hamas -- hamas, and would they go after an american target? >> well, first of all, the pattern is the same in the sense they use proxies, even those these proxies are not from their

region. i'll leave it up to the intelligence agencies to make sense of it. they've got all the data in front of them. if president of the united states is standing up and pointing the ficker at iran -- finger at iran, i think we've got to accept the fact that he's correct. megyn: think about what would have happened if they had succeeded with that plan. we have two embassies inside the u.s. blown up, the saudi and the israeli -- two of our closest allies -- the saudi ambassador of the united states dead under this plot, untold numbers of innocent civilians around the embassies which this guy was warned would happen which he said, fine, works for me, if that had happened, there'd be no question we'd be at war with iran, would there? >> not in my mind. putting everything on the table is fine, but let's do something. first of all, the quds force, suleiman who's their leader, he's been in power 15 years. he reports to one guy. not a military leader, he

reports to the supreme leader. so the supreme leader directed and approved this operation. we should target that quds force. we should unleash the central intelligence agency on them. we should be conducting espionage against their bases. these are the bases that they train the shia militia in to kill us in iraq and are still doing that to this day. so we need a real new strategic look at what to do about the iranians. they have huge independent assets that they stole from the shah. genuine business interests in the region and in europe. we should go get 'em. just like we did with the al-qaeda. we know how to do that. our treasury department truly knows what it's doing here. and then tough economic sanctions as well as covert operations. megyn: not just sanctions, but more than. general jack keane, thank you so much for being on. we appreciate it, as always, sir. >> okay, megyn. good seeing you. megyn: if you have not been paying attention to what that supercommittee in washington is doing, you may want to start. new reports this group is now

looking at possibly taxing your 401(k) accounts. stu varney just ahead on that. and hot hollywood star hillary swank is now taking some heat from the public after she attended a birthday bash for a guy accused of torture and killings. her response ahead. those first young men. the pioneers. the aviators. building superhighways in an unknown sky. their safety systems built of brain and heart, transforming strange names from tall tales

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megyn: well, the government's always looking for new sources of revenue, and now according to published reports democrats in washington may be considering what was always thought to be untouchable, your 401(k). fox business network's stu varney is anchor of "varney & company". all right, stu, how does it normally work? i put money into my 401(k), i don't have to pay any taxes on that until i take it out, and then i have to pay some taxes on it. what are they considering doing right now? >> reporter: okay. the money that goes into your 401(k), no taxes paid on the money going in. tax-free income going in.

megyn: right. >> reporter: whilst it's in the account, it accumulates tax free, no tax on it. when you take it out, it's taxed but usually at a lower rate because you're retired, and you're earning less money. what they're considering doing is limiting the tax breaks you get. megyn: i just want to tell our viewers this is senator max baucus who believes that this is something the government should consider doing. >> reporter: well n september they held hearings on the tax breaks that were available to people in the 401(k) program, okay? megyn: what will i have to pay taxes on if they get their way? >> reporter: you might be able to put less money in, so you get less of a tax break. they might replace the tax deduction with a much lower tax credit. in other words, you would end up paying more in tax on your income when you earn it and when you retire on it than you do now. megyn: if you, if you take that hit on your 401(k) plan because it's not as attractive to you,

does it make you more dependent on social security? >> reporter: it possibly could, yes. it would lore the -- it would lower your exposure during your retirement to your 401(k), you'd be less inclined to favor your 401(k), more inclined to rely more on social security. megyn: they seem to be saying, oh, you know, the existing system benefits the rich. only rich people have 401(k)s so why not not hit them? is that true in. >> reporter: no, that is not true. 401(k) program is available for all americans. middle america takes advantage of the 401(k). the more money you earn, the greater the tax break that you get. that's what the left does not like. that's what they're going after. megyn: wow. i mean, that would be big news. people depend on those 401(k)s in part. until now, it's been treated -- >> reporter: it's a very successful program. 4.7 trillion in 401(k) programs. if you start restricting the tax breaks, that will come down significantly. as you say, more reliance on

social security. megyn: thank you, sir. well, the state department offering an apology to the family of this guy, an al-qaeda propagandist who happened to be killed in the same airstrike that took out radical cleric anwar al-awlaki. who could be wrong with this? why would we be apologizing to the mouthpiece for al-qaeda? a fair and balanced debate. plus, the fbi pouring over this video showing deborah bradley just hours before her baby, lisa, vanished. judge jeanine pirro joins us from kansas city with her take on the tape and the latest in the case. and expert after expert for the prosecution says that michael jackson's doctor acted with gross negligence, but is being a bad doctor enough to convict a man of involuntary manslaughter? that's on the docket in today's kelly's court. [ 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

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megyn: new questions about the mother of missing baby lisa irwin. the now-11-month-old girl -- she would have had a birthday since she disappeared last monday -- has been missing for more than a week. her parents say she was last seen in her crib, and she vanished sometime overnight two mondays ago. authorities are looking at surveillance video that shows deborah bradley shopping at a grocery store the evening that her daughter disappeared. and they are questioning the store clerk. trace gallagher live in our west

coast bureau. the police deciding to release the tape today for some reason. >> reporter: and it's interesting, megyn, because police have told us on a couple of occasions this videotape has absolutely no bearing on the disappearance of lisa irwin, and yet they have spent a significant amount of time interviewing this store clerk who waited on deborah bradley on that evening. of course, this is the same night about five and a half hours before she put baby lisa to bed. they talked to the clerk to find out about her demeanor hours before the baby turned up missing, was she stressed out, was she depressed, they asked the clerk, had she been in the store before with her baby, and if so, how did she treat baby lisa, and the clerk said she seemed happy, she was upbeat, that she had been in before, and it appeared she adored her child. she was in that store with an unidentified man. she bought wine, paper plates, napkins and baby wipes. they are not identifying the

man. the man in the middle was hired for the family. he's a private investigator. he told us this morning he was going to hold a press conference today and give us some brand new information, well, now he's canceled that press conference, and he keeps saying he's got brand new surprises. so far we have not seen them, but police are very interested, though, to find the so-called handyman, the guy that was roaming the neighborhood over the past couple weeks. he frequents a local bar, they've been asking neighbors about him because apparently they can't find him. he's not a suspect, but they sure would like to talk to him about where he was the night baby lisa disappeared because right now, megyn, they are at a flat dead end in this case. megyn: trace, thank you. well, judge jeanine pirro has spent time with lisa irwin's parents, and she joins me live on the latest in this case in ten minutes right here. of. well, a united states apology to the family of an al-qaeda member we killed

raising some new questions and concerns. last month during an airstrike in yemen that killed radical cleric anwar al-awlaki, the united states also killed this man, a well known al-qaeda publisher whose inspire magazine pieces promoted attacks against u.s. targets. this week the state department confirmed that it made an apology call to his family in north carolina. the guy happens to be a u.s. citizen who aligned with al-qaeda. a family spokesman says, quote, they were very apologetic and offered condolences, our state department did. david rivkin is a constitutional law attorney and a former justice official under presidents reagan and h.w. bush, and sally congress is founder of movement vision. all right, panel, you know, it's a little bit of a head scratcher. like, i mean, let me start with you, sally, because you usually defend the administration. [laughter] >> not always, come on. megyn: not always. but is this not a head scratcher for you? i get that he was an american, but this guy aligned with al-qaeda. he moved to yemen to call for

violent jihad against the united states. he was with a terrorist we took out who had committed many terrorist acts. you know, why are we apologizing to his family? >> yeah. and, look, a couple things. first of all, it sounds like all the evidence, at least what we've heard is that he was a despicable person doing despicable things. look, i take the administration at its word that they offered their condolences. i know the reality is, and i know mr. rivkin will agree with this, the constitution of the united states guarantees due process to the citizens of the united states. we don't know for sure what he did, and we do know the president ordered an unmanned drone attack to kill al-awlaki, and kahn was an incidental victim of that attack. it is appropriate for the united states government to offer its condolences to his grieving family no matter what the man did. we don't know, there was no proof, there was no trial. we have a dead american, and the

government offered condolences. i think that's appropriate. megyn: david, i'll let you take it. >> utterly inappropriate. we're talking about an individual that was an enemy combatant. let's forget all the other things, megyn, he didn't just align himself with al-qaeda, he was a member of al-qaeda. in that context, he was a legitimate target, and there should have been absolutely no condolences over it. and the fact that we're defending this now just underscores the extent to which this administration continues stubbornly to believe up to two and a half years in that this is not a real war because you do not offer condolences to enemy combatants. we didn't offer con doll lenses to much more honorable enemies, a famous episode in world war ii we shot down a plane carrying the commander of a japanese navy. we deciphered japanese communications. we knew where he was, we ambushed his plane, we shot him down. he was actually an honorable

man. i don't recall sending apologies to enemies, it's absurd. megyn: sally -- >> just a very fundamental way. megyn: just to let our viewers know who this guy was -- >> he was no boy scout. megyn: and let's just, this is who, this is the -- okay, there he is on the screen. this is the man to whose family we just apologized. he wrote this in al-qaeda's "inspire" magazine: megyn: he says i'm acutely aware that body parts have been to be torn apart and blood has to be spilled in order for this to be a reality. what on earth are we doing apologizing to his family? >> look, again, we offered condolences -- megyn: why? why would we do that? i'm proud to be a traitor to america. bye-bye. >> because, megyn, look, you know, i'm a proud and patriotic american who believes in the constitution, and i believe that we don't -- i mean, look, we have a longstanding tradition

against exacting justice against american citizens -- megyn: but we weren't trying to take him out. he was with the guy we were taking out. >> let's just be clear to mr. rivkin's point, the president of the united states ordered an unmanned drone attack to drop bombs out of the air and blow to smithereens to anwar al-awlaki, to suggest that he's not taking the war seriously is pretty hysterical in the context of -- megyn: go ahead, david. >> what he is, very briefly, what you're portraying is the same flaw that is present in the so-called secret memo by office of legal counsel in this administration, specifically talks about how under the fourth and fifth amendment the only reason we could target al-awlaki is because we could not ap rehelp him. this is rubbish -- apprehend him. citizenship is irrelevant, is irrelevant in time of war. the case law is against it, there's a clear language in that

case that says once you become an enemy combatant, your citizenship is irrelevant, you're exposed to full consequences. the fact you don't understand it and the office of legal counsel doesn't understand it shows what the problem is. and the president, frankly, doesn't understand it. megyn: you know, the president took out al-awlaki, and i don't think anybody would be criticizing, i guess, nobody on the right, he took some criticism on the left for doing it, but the fact we would think it necessary to call this guy's family saying that he was a law-abiding citizen in the united states, he never broke any laws although they admit, right, he was a propagandist for al-qaeda. but it wasn't really a real position in al-qaeda. i mean, i'm sorry he happened to be with al-awlaki. if he happened to be with osama bin laden when we killed him, he would have died too. is that his fault for associating with these known terrorists, or is it our fault? >> again, i'm not defending the

actions of him, and i think if he'd been brought to trial, he would be spending a very, very, very, very, very long time in prison. but the fact of the matter remains, megyn, look, he was an american citizen killed by american action. megyn: he was a traitor to america. >> megyn, let me -- [inaudible conversations] >> but, megyn -- >> let me just say, he was a legitimate -- >> due process of being tried as a traitor and convicted. come on, that's what we do in this country. >> no, that's not what we do in this country. let me underscore. he was a legitimate target. due process is not relevant in this context. you can target an enemy combatant 24/7 anywhere in the world. his citizenship is irrelevant. that is the law of the land, that is the teaching of the supreme court. megyn: there was a supreme court case back during world war ii where a u.s. citizen got caught spying for germany on u.s. territory and by order of the president, he was basically tried, convicted and assassinated or executed seven weeks after they apprehended him. it didn't matter that he was an american, he was an --

[inaudible conversations] >> i would think that a lot of conservatives would be concerned about the slippery slope of giving so much unchecked power to the government that it could with the thinnest of arguments execute american citizens. but we're not even debating that. megyn: no, we're not. we are debating the apology. >> given condolences to his american citizen family that he was the incidental target -- megyn: the family says they got an apology. i've got to go, guys, good debate. thank you so much. president obama's re-election campaign today announcing it raised more than $70 million in the last quarter. sounds like a lot, right? coming up, we'll find out why some political analysts and his team should be worried about those numbers? plus, the case of the hackerazzai, just ahead the story of a man accused of hacking into the personal e-mail and phone accounts of hollywood's top starlets. ♪ i'm not a number.

i'm not a line item on a budget. and i'm definitely not a pushover. but i am a voter. so washington... before you even think about cutting my medicare and social security benefits... here's a number you should remember. 50 million. we are 50 million seniors who earned our benefits... and you will be hearing from us... today and on election day. ♪

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verizon. built so you can rule the air. megyn: it's been nearly ten day since ten month old lisa irwin vanished. the fbi poring over this surveillance tape from a kansas city grocery store. it shows the baby's mother, deborah bradley, and an unidentified man just hours before bradley says she last saw her baby girl in her crib. the feds questioning a store clerk about how ms. bradley was acting as they and the police dig for clues in baby lisa's whereabouts. judge jeanine pirro is host of justice with judge jeneane, she joins us live in kansas city. thanks so much for being pack on the program -- back on the program. i want to talk to you about because we heard this existed, now they've released it and made it public, and the police seemed to be -- you never know, you know? they seemed to be steering us off of this saying, oh, well, we've investigated, and that's all we have to say about it,

suggesting it didn't go anywhere. but what do we know? >> well, what we do know and be what i know from my law enforcement sources, megyn, is that that video surveillance includes not only debbie, the mother, but her brother who apparently took her to the supermarket where she bought not just wine, megyn, but baby wipes. and our sources are telling us that this was cleared, that it was totally inon cows, totally harmless, and that the mother did not have a license which is why she had her own brother drive her to the supermarket. so the behavior, how she got there with her brother and the fact that she was with her brother seemed to be consistent with a normal day according to the irwins as it relates to the day that poor baby lisa went missing. now, their story has been consistent all along, megyn, and that is that she had a friend over, that it was a normal day, that they -- the kids watched videotapes, she put the baby to bed at 10:30, and the next thing

she knows her husband wakes her up when all the lights are on many the house. now, also what's interesting is the 911 call is consistent again with the story that the irwins have been telling us, and that is that he comes home from work at 4 in the morning, all the leagues are on. it seems like a screen is bent, and he's not able to close the windows and that the baby's door is open to her room. so there has been no inconsistency here, megyn, which is why so many people are stumped. megyn: no inconsistencies, but there are some red flags, and you unearthed a lot of these in your interview, we're watching videotape of it, with the parents over the weekend, judge. i want to talk to you about a couple of points that you discussed with them. she claims she went to bed, the lights in the house were off. she can't remember whether she locked the front door. he says she closed the doors to the bedroom, but she had a baby monitor on. you also asked, i thought, a very smart question which is, do you have a family dog? they said they did, it's a small

lab mix, but they keep it in the backyard. so you've got her saying, essentially, that the intruder came, turned on all the lights in the house, that she did not hear the intruder on a baby monitor which, you know, i've got one in my room, you hear the baby turning over. you hear a lot. and that the tamly dog didn't bark -- family dog didn't bark, there was nothing to cause alarm even though the person is coming in the house, turning on all the lights and stealing a baby? >> yeah, there's no questions, megyn, there are a lot of questions here. and she did say in the first time in my interview that she had a baby monitor on, and that the baby was ill. when your baby is sick, your ears -- you never sleep that well. megyn: you hear everything. >> she said she didn't hear anything on the monitor, and what's interesting, i've spoken to the neighbors -- all of whom who think this family is wonderful, by the way -- but that they do have a barking dog and either knew the person who

came in which is very interesting or, you know, didn't hear anything. he was in the back of the home. so there are questions, megyn. and everyone is stumped here. that's why, you know, all the sexual predators have been spoken to, and what's kind of interesting, megyn, is they've said to the police, look, we expected that you'd be coming. but they haven't gotten any leads from there. but, you know, we continue to come out here and to try to follow all of the leads that we're hearing about, i mean, from going into wells and ditches and rappeling from cliffs, i mean, there isn't anything that the police haven't done. but what we do know is that the family has indicated that they're putting together a team of two lawyers and an investigator, although she has not lawyered up yet, and i don't know that she will. and to her credit, they seem to be willing to talk to everyone to keep this story alive so that baby lisa is found. megyn: let's hope that's an outcome that is possible and happens. judge jeanine pirro, check her show out this saturday night,

she'll have new information. in february 2009 president obama said if he did not fix america's unemployment problem in three years, he would be a one-term president. almost a thousand days later, we'll see how he's doing.

megyn: a man in florida accused in a hacking scheme targeting hollywood. his victims including scarlett johansson and christina ago aguilera. court documents show this guy had access to all of their e-mails including some very private photos. trace gallagher live in our west coast bureau. >> reporter: and now we're hearing from him himself, christopher cheney, and he sat this front of his computer in jacksonville, florida, and watched the private lives of these celebrities play out before his eyes. fbi says he is the one that leaked the information to those celebrity web sites including the nude pictures of scarlett

johansson. cheney says after a while he just became obsessed with the e-mails. listen. >> it started as curiosity, and it turned into just being, you know, addicted to seeing behind the scenes of what was going on. i was almost relieved months ago when they came in, took the computer. >> reporter: now, the workal theory was that the hacker was actually trying to blackmail on stalk the celebrities, but the fbi says he never sold the information, that he did it for the thrill s. the way he did it is kind of mind-boggling. the feds say he gathered information about the celebrities from magazines, from are web sites, from following them on facebook and twitter and then began to use that to guess their passwords, and once he guessed that, bingo, he had access to their addresses, their photos, their e-mail accounts. he even set it up where if they changed their password, he'd get that too. listen.

>> mr. cheney set the victims' accounts to automatically forward all of their e-mails to his own e-mail. using these methods, chaney stole not only private and personal photographs of the victims, he also took financial information, movie scripts and conversations that the victims believed to be private. >> reporter: and, of course, the celebrities want him prosecuted to the full extent of the law, and he's about to be, facing 25 counts including identity theft. he says that he's ready to be punished. megyn: how did they catch him? >> reporter: they tracked him. they knew about this for a while. megyn: how did they know about it if he wasn't using it to blackmail him? >> reporter: they got the information, remember, he gave this information -- didn't sell it, gave this information to celebrity web sites. megyn: oh. creepy. >> reporter: traced it back to him this jacksonville, florida, and there he was. it wasn't just the celebrities, there were 50 people that he was

actually stealing e-mails from. megyn: that is gross. thank you, trace. new fallout over an interesting moment from tuesday's gop debate, republican candidates forced to challenge ronald reagan on taxes.te t michael reagan is here. ragu for years. [ thinking ] i wonder what other questionable choices i've made? [ '80s dance music plays ] [ sighs ] [ male announcer ] choose taste. choose prego.

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so freestyle lite test strips make testing... easy? easy. great. call or click-- we'll send you strips and a meter, free. free is good. freestyle lite test strips. call or click today. megyn: $70 million in three months. welcome to a brand-new hour of "america live." i'm megyn kelly. the obama reelection team raking in $70 million smackers in the third quarter of this year. tack that on to the $86 million raids in the second quarter and it's more than twice as much as raised by this point in the '08 campaign. but it may not be a good sign.

why not? that sounds like a lot of dough. $70 million. his reelection campaign and the dnc combined. why is that not a great thing for him? >> if they want to give me the money i'll say it's a great thing. but it's not as much as it was the previous quarter. that's a trend line that's troubling for a president experiencing troubles across the board. republican doing well against him in head-to-head polls, this could be a sign that the big money donors who are so important to obama's unlikely rise in 2008, the folks who got behind him from wall street and other wealthy donors, if they are not going to put up the big bucks early on that could be a problem for his expensive campaign strategy. megyn: karl rove was talking

about how wall street in particular started to abandon him. the rnc came out and reacted to the news of this $70 million third quarter haul by saying it's some secret he spent so much time fundraising. they say his problem is he can't replicate this success when it comes to creating jobs. they said while he jet for the country trying to save his own job, americans stopped looking for jobs. >> if you put together what the republicans took in. it's only about 15% or 20% less than what the president and the democratic national committee put together. so they were busy raising money on their own. but it goes to an underlying

problem if you are mountain -- if you are president obama. you saw him trying to demonstrate solidarity with the unemployed. the place to get it is with rich people. you have to go to palm beach and manhattan and wall street to get the money, and it doesn't look good when you have to spend so much time doing it. he may have to redouble his record-setting efforts for fundraising. megyn: his campaign says the numbers came during a summer when president obama had been battling with republicans over the debt ceiling deal taken had to cancel some of his fundraising events. they seem to be saying they are on track for what many are speculating is a goal of a billion. is that what it takes to stay in the white house. >> if you have a 40% job

approval rating you probably need that and more. megyn: a new sign herman cain's 9-9-9 plan is taking off. spirit airlines boasting real solutions to reduce spending with its vacation plan. offering fares for $9 each way. how can it be? the cain campaign weighed in saying "we love it. 9-9-9 is the way to go." take off. do you get it? what have we got. new questions for attorney general eric holder. he has been dogged by several controversies while in office and right not you future of our nation's top law enforcement officer is in question as he works to comply with a subpoena related to document related to

"operation fast & furious." catherine herridge is live in washington on that. >> reporter: in january of 2009, president obama said he would close the guantanamo bay detention camps within a year. in november of 2009, the attorney general said the 9/11 case would be prosecuted but then said sit would go back to the military courts at guantanamo. holder lays it out this way. >> there have been major faux pas coming out of the attorney general's office. these are some of the biggest case before our nation and i don't know the president is getting the best advice and i believe there is a political components that in my mind is unacceptable. >> reporter: we asked the justice department to provide fox with a list of the attorney

general's accomplishments. just this week for some context the justice department was praised for breaking up this iranian plot to assassinate the envoy in embassies overseas. >> that was a classic law enforcement activity that resulted in a successful case that will be suggestful in prosecuting. >> there is no question in my mind it was a unique combination of very good intelligence both human sing malls intelligence that enabled the coordination of this. >> reporter: yesterday we had the underwear bomber plead guilty to attempting to bring down that jet on christmas day. the attorney general said that individual case his contention that the federal courts are the best place to prosecute these cases. megyn: we are getting word from

iran that they are ordering a retrial on the christian pastor jailed for refusing to renounce his faith. the case is reportedly been referred to iran's supreme religious leader. there has been a lot of pressure on this, a lot of looking at this by the united states. the pastor's backers see this as an indication that iran may be bowing to political pressure to commute his sentence. president obama called for more sanctions against iran saying no options are off the table when it comes to the plot to assassinate the ambassador to the u.s. arbabsiar -- >> reporter: how does it make

you feel that someone charged with something so serious was once your neighbor? >> very scary, very shock. >> reporter: what do you think about someone like this trying to assassination someone? >> that is despicable. you know, we try to have a peaceful country and try to live and survive near the united states. we don't need no more wars. megyn: in washington, defense secretary leon panetta warned deep budget cuts could devastate the american military. the clock is ticking for members of that bipartisan super committee to find ways to reduce the federal debt. if they do not, the sort of cuts the defense secretary is describing could back reality. you heard the republican candidates sounding off on this. they are really looking at this is a possibility and what it would mean. >> reporter: up here on capitol hill the environment is

everybody is looking for places to cut. as you mentioned defense secretary threeon panetta warned slashing more than 450 billion dollars over the next decade in defense spending would be devastating. here is the defense chief warning about cutting too deeply too quickly. >> it's going to take us to the edge. if suddenly on top of that we face additional cuts or if this sequester goes into effect and it doubles the number of cuts it will truly devastate our national defense because it will then require that we have to go at our force structure. we'll have to hollow it out. >> reporter: the u.s. military has been stretched being a nation at war the past decade in afghanistan and iraq. there is also a feeling that the u.s. military is in need of modernization to deal with 21st century threats. panetta says he's not using this as a scare tactic or threat.

he says it's a reality. then he smacked congress. >> i think that one of the great national security threats is dysfunctionality of the congress and its inability to confronts the issues we face now. >> reporter: that from a guy who served on the house bun tet committee for 6 years. the pentagon is worried much deeper cuts may be coming to defense. megyn: in february 2009 right after he took office, president obama said if he did not fix america's unemployment problem in three years he would likely be a one-term president. almost 1,000 days later we'll show you how he has done. how does the engineer of a jam parked train not see another massive locomotive right in front of him. the collision that injured more than a dozen people next. and gop candidates forced to take on ronald reagan's deficit

reduction plan at the debate that happened earlier this week. was that awkward? how did they do? was ronald reagan's plan misrepresented? michael reagan right after the break. >> do we reduce deficits and interest rates by raising revenue from those who are not now faring their fair share or do we accept bigger budget deficits, higher interest rates and higher unemployment simply because we disagree on certain features of a legislative package which offers hope for millions of americans at home, on the farm, and in the workplace. on the planet to help diversify, identify opportunities, take action. it's using professional grade research and your brain to seek maximum returns to reach your goals. it's investing with intelligence and cold hard conviction. you made the money. you should have everything you need to invest it. e-trade. investing unleashed.

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yesterday. the company blaming a hardware failure. they have 40-50 million users across five continents. now that it's back on, i'll say hallelujah. debating ronald reagan 25 years later. gop presidential candidates forced to take on president reagan this week at bloomberg debate. they were shown a clip of reagan showing his agreement to raise some taxes in exchange for some spending cuts. here is the clip and some of the candidates' responses. >> the single most important question facing us tonight is .we reduce deficits and interest rates by raising revenue from those who are not now paying their pair share more do we accept bigger budget deficits, higher interest rates and higher unemployment simply because we disagree on certain features of

a legislative package which offers hopes for millions of americans at home, on the farm and in the workplace. >> let me go to the governor of texas. do you agree with the former president? >> i think we are certainly talking about different times because what i heard him say there that he was willing trade tax increases for reductions. and i don't think he ever saw those reductions. he just suave the tax increase. in this diary he made that statement that he still is looking around for those reductions. >> but also you have the soup sister committees. they can't find an agreement they are going to have a trigger with automatic cuts including defense. so doesn't that demand some kind of compromise? as reagan suggested? >> i don't know which particular compromises he was referring to.

but i can tell you this. if you go back a few years before that clip and go to jfk's time. the government at all levels, federal, state and local was consuming about 27% of the u.s. economy. date consumes about 37% of the u.s. economy. it's on track to get to 40%. >> i want to say one thing about the entire way washington works which is just posed in that question. congress couldn't figure out how to get the debt ceiling down with a president who showed zero leadership. so they adopt a truly stupid bill. it bill says we'll shoot ourselves in the head or cut off our right leg and around thanksgiving we'll show you how we are going to cut off the right leg. megyn: joining me now michael reagan. this is so interesting to me. more and more you are hearing democrats in particular point to your father saying when the going got tough was willing to compromise. he agreed to some tax increases

in exchange for expected cuts and they use that to argue the republicans should now do the same. do they accurately represent what happened with your dad? >> no, they don't. they are using my daughter to try to raise taxes on the american people. newt gingrich vote against the 1982 bill they were talking about in the debate. the president of the united states going around the country showing that same clip. it's also interesting and maybe it's because it many "the washington post." they don't tell you the whole story. james barrack and bob dole promised him $3 in spending cuts for every dollar in new taxes. my father thought it was a great deal. and as was said in some of the answers, my father now gone 7 years is still waiting for the $3 in spending cuts that never came about urn the democrat rule in washington, d.c. it's outrageous to me that they use my daughter to try and blast

republicans to try and talk america into raising taxes when he signed on august 13 of 1981 at the ranch in santa barbara the largest tax decrease in american history. megyn: the economy was in trouble. your dad takes office. he passes this huge tax reduction. but they were being phased in in over time so the relief was felt instantly. there is pressure on him to raise tax. the deficit is ballooning. he says i'll raise in particular corporate taxes. i'm going to raise them modestly in exchange for $3 worth of spending cuts. but the $3 worth of spending cuts never come. the tax hikes do come and eventually as the personal tax reductions take place and people start getting more money in their pocket, your dad's -- people who work with him say

that when the real recovery kicked in. it was thanks to the tax reductions he put in place prior to that deal. >> you are right. ultimately it turned around the fortunes for him in the 1984 elections against walter mondale. my father stayed the course with those reductions he signed into law in 1981. social security was in trouble and what have you. this is a conversation that james barrack and bob doyles having with my father that we need to do something to start shoring these things up. this is like i passed the biggest tax decrease in american history. now, you tawrvegd me into having -- let many put something in there to get things going. but again, the promise of 3 in spending cuts. barack obama has been promising $3 in spending cuts since he offered his budget you might say a few months ago in that speech where he took on the republican party. the same $3 they promised my

father in 181 -- in 1981 and 1982. the front load on the reduction in spending -- megyn: can the parties be locked in on spending reductions in exchange for the tax hike. >> you have to front load it with the spending reductions. they promised george h.w. bush. they promised ronald reagan. it never seems to come. it's interesting, probably i figure would happen, "the washington post" would never tell you the other side of the story as barack obama won't tell you the other side of the story. they lied to my taughter in the 1980s when -- they lied to my father in the 1980s when they promised him something and they are still lying today. megyn: a critical drug shortage

at losts around the country turning deadly. hollywood star hilary swank taking heat for attending a birthday bash for a guy accused of torture and brutal killings. >> it's so wonderful to be here tonight. thank you so much for inviting me to your beautiful city. bla [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of the country's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply becomes consider it solved. emerson. ♪ my dis best absorbedlcium in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously releases calcium plus d for the efficient absorption my body needs.

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megyn: oscar-winning actress hilary swank apologizing after she attend a birthday party for the president of chechnya. she even got on stage and said happy birthday to him. human rights groups were quick to criticize her.

they say he is responsible forker to tiewrs and murders. her publicist says she had no knowledge of those allegation. you can't make this stuff up. a growing shortage of vital drugs threatening the health of hospital patients across america. a close look, finding no single reason for the crisis and no easy fix. john roberts has that story in atlanta, john? >> this is a serious problem. 95.5% of hospitals across america have reported a drug shortage in the past month. 82% said they had to delay treatment and 50% said they can't get the preferred treatment to their patients. one of those patients has been battling leukemia and has been on chemotherapy the past two years. one of those drugs is on shortage. when he went to the pharmacy at

massachusetts general hospital he was given an iou for the pills instead of the drug. he don't know when he will get them. but alex told me yesterday that he's worried about the next person. >>'s a long fight, and it's a fight for your life. i feel sad for the next person who will get this leukemia and they won't be able to fight it the way i have been fighting it. i feel sad for the next person who gets it. >> reporter: it's not chemotherapy drugs. here in atlanta they have a list of 286 drugs that are on shortage. they are having to swap out medications. make substitutions. it created a fertile ground for errors. across the country there are reports that 15 people have died as a result of the shortage. it raises the word, rationing of drugs. at massachusetts general

hospital they have been doing that for weeks. the director of operations ... >> we have not had to make a choice between patients but conditions. which condition most needs that drug and which condition has the least acceptable substitutions. >> wholesalers that hoard these things, all of this adding $400 million to the cost of healthcare every year. if you want a list of these drugging go to foxnews.com and there is a link you can click on. megyn: it's right there on our home page. shortly after president obama took office he suggested in an interview if he did not fix america's unemployment problem

in three years he would be a one-term president. we are waiting for a verdict that could come at any moment in the connecticut home invasion trial. we have a live report on that coming. >> he went on to say that haley got out of her room and climbed out of the window the events wouldn't have taken place. and if she had gotten into mikala's room the events wouldn't have taken place. [ male announcer ] you love the taste of 2% milk.

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megyn: we are on verdict watch in this home invasion and murder trial of joshua komisarjevsky. jurors are in their second day of deliberations. he's facing the death penalty if he's convicted on capital murder charges in connection with this horrific home invasion case in connecticut. laura ingle is live at the courthouse. i know it's only been two days. but what's taking this jury so long? >> reporter: the jury has been there close to 7 hours. certainly a lot of charges to go through, and the judge's charge to the jury, the jury instructions were extremely lengthy. we know they are going through those instructions as they move through this process. there is a lot of evidence that they have brought into the

deliberation room. and that process does continue. since they have only had one question since yesterday for the judge about the deliberation process. they sent out a note saying do we need to specify if we have found him guilty as a principle or an accessory. the judge told them they don't have to specify and it doesn't have to be unanimous on whether they believe he was a main oh fernd or accessory on some of these counts. it's no doubt a huge answer for jurors deliberating the 17 charges against komisarjevsky. prosecutors said he was the architect of the home invasion and the main instigator of violence once they were inside the home. steven hayes was convicted last year. he started the raging inferno that took the lives of the daughters. while was convicted of raping

and strangling the mother. come requires also being charged with her murder murder. there are five other capital counts here. if he is found guilty on any one of them he will be eligible for the death penalty. the penalty phase will be october 24. both komisarjevsky and hayes pointed the finger at each other for strike the match that lit this fire. but jurors can decide to find them guilty as a principle or accessory. that's where the question came in and that an important count. count number 16, something we are watching for. if you remember in the steven hayes trial, a separate jury acquitted him on only one charge, the arson charge because they could not find beyond a reasonable doubt that he lit the match. it will be interesting to see what jurors find in this case. we sit and wait. we are wasting for a knock or a note. a note means they have a

question. they have taken their lunch break. they are back in there and we continue waiting and the petites 0 here as well waiting for a verdict in this case. megyn: in february of '09 president obama suggested in a tv interview that if he didn't fix america's unemployment problem in three years he would probably be a one-term president. unemployment has only dipped below 9% in two of the past 26 months. that's the throngest run since the -- that's the longest run since the great depression. simon rosenberg and rich rich lowry. our brain room put together some statistics that paints a bleak picture of our economy. we accumulate more debt over the past 1,000 days than we have in basically our first 200 years.

$ -- 2.2 million jobs lost. 12 million more americans are living off food stamps. we spent 60% of what the federal government took in. 2 million homes have been repossessed. >> if you want to get an anecdotal picture of the misery this economy created, go to the occupy wall street tumbler. where people write down their personal stories and hold them up on a piece of paper. they are absolutely devastating in terms of joblessness, job insecurity. student debt, all the rest of it. so president obama has failed on his own terms that he set out in that interview. he failed by the traditional standard we hold presidents to. and he's being zwrawdged failure about it american public. he's at 44% approval and

presidents at 44% do not earn reelection. megyn: has he gotten it done? >> i don't think the american people think he's a failure. i don't think he has been a failure. i think what people -- your points is he inherited a tough situation. the things they did made things better. the economy is better than it was in the beginning of his presidency when we were losing 700,000 jobs a month. and so i think that the election next year and and the evaluatiof where he is today. he's taken apart the terror networks around the world. he made education and healthcare better than they were before an helped save the economy of from what could have been a much worse situation. the next year the debate will be between the two parties. what are we going to do next? what is the noon move us forward? it will be a choice election and what is amazing is despite all

these problems. he's still beating mitt romney in head-to-head polls. i don't think the white house is happy with where they are. things could be worse. it will be a competitive election no doubt. megyn: one wonders how much worse they could be. china, now owns $1.7 trifl our debt. there have been over 7,000 new final regulatory rules issued. president obama's job approval rate has dropped. gas prices are unmore than 80%. 7 key members of his economic team have resigned. the president told matt lauer, one nice thing about my situation, i will be held accountable. i have got four years. a year from now people will see we are starting to make

progress. if i don't have this done in three years it will be a one-term proposition. are we there? >> i think he's very close to being there. simon is right, people have not totally quit on him yet. but if he's at 44% on election day he's going to lose. the idea that the $800 billion stimulus package was the difference between a great depression and where we are now is ridiculous. even if you thought that package was necessary. the responsible thing to do would be to pass that package. over the medium and long term do things to control the debt. instead he passed the short term package that made the deficit worse. then he passed other measures to make the medium and long-term picture worse. so brought the country on the precipice of a financial disaster without helping the unemployment rate which is stubbornly at 9.1%. megyn: it's tough to run on we made some improvements.

>> i think that's what the campaign is going to be about next year. i don't think the economy is going to be substantially better for the president next year. it's going probation middling along the way it is now and he's going have to make the case that he's got a better plan to deal with the economy as it is today. not the wait was when he came into office beginning in 2009 which was the height of the great recession when we were losing 700,000 jobs a month. he clear made things better. whether the american people believe he made them good enough to be re-elected is something they will have to decide next year. and we have a long way to go. republicans can't be happy with the poll numbers they saw today. they are still trailing obama in every poll. romney is trailing herman cain today. there has been a big swing over the last couple months. i don't think they have a good economic argument about what

they want to do. it will be a competitive election. >> it's not fair to compare the president's numbers to republicans who haven't been nominated yet. megyn: thank you both so much. we saw a speed trap so he flashed his brights to warn the fellow drivers ahead there was a corp ahead. what happened next could make you think twice before you try that age old trick. i'm not a number.

i'm not a line item on a budget. and i'm definitely not a pushover. but i am a voter. so washington... before you even think about cutting my medicare and social security benefits... here's a number you should remember. 50 million. we are 50 million seniors who earned our benefits... and you will be hearing from us... today and on election day. ♪

megyn:megyn: "kelly's court" isk in session. proving that gross negligence by michael jackson's doctor caused the superstar's death. several physician were called to the stand including a sleep expert who rail on dr. murray for giving michael jackson

propofol for insomnia. there has been a question at heart of this case. can you giver the drug propofol which murray agrees he gave, the question is how much and who gave him the dose on the night he died. can you give that drug outside of a hospital setting any want to play a clip of the cross-examination. this is michael jackson's doctor trying to score points with the expert on the stand saying no, you can't. >> isn't what killed michael jackson the combination of the 2.6 level of propofol combined with a .169 level of lorazepam? >> clearly it was a combination of the propofol intoxication in addition to the lorazepam, that's correct. >> it was the combination that killed him.

>> right, but a number of circumstances ultimately led to that. but that was the direct cause. in and of itself, follow rsh for treatment of insomnia is in and of itself incomprehensible. >> even in a hospital setting. >> as of the current time, absolutely. we do not use propofol for insomnia even in the hospital. it is a far deviation from standard of care. megyn: how do you get past that? >> the doctor is a good dock per. he said several times deviation, deviation. went through six different things dr. murray did wrong. propofol is not meant to put someone to sleep, especially in their home. but not even in the hospital is what this doctor testified to. megyn: you can do it in surgery.

it's to help you go to sleep when burr to get open. he was using it so much michael jackson was calling it his milk. there was no question dr. murray was using it -- i have yet to hear a legitimate anesthesiologist say, yes, that's done. >> i would rather be on the prosecutor's side on this one. the defense has its work cut out for them. the same doctor showed a study or at least discussed a study involving 100 patients given propofol for sleep problems. out of the 100, 100 improved in terms of their insomnia. so he got in front of the jury while the' not done according to this doctor, it is being used in a testing setting and those people are benefiting. it's hard to make the argument. megyn: i think that the

prosecution is doing a great job of establishing this was a crazy move to be giving this propofol in the guy's bedroom to help him fight insomnia. but that's medical negligence. the question is did he cause moij's death by doing it. you heard the doctor in the first part of the clip we played. it was the combo of the propofol and other drugs. what are they going for like this. >> it was the combo it was murray that made all of those combination cocktails available to jackson, knowing -- jack signs out of his mind basically -- and all the offer deviations, he doesn't call 911. he doesn't tell them about propofol. megyn: according to the witnesses he was dead when they got there.

so not telling the emts, i don't know how that helps. delaying calling 911 is not good. >> also writing things down. the argument from the defense as to each one of these things is yes that was a gross deviation, every other doctor writes things down but that didn't cause the death. the issue is what caused the death and the argument will be michael jackson caused the death by ingesting the lorazepam on his own. >> the fact that he was the one that supplied all these drugs to jackson. the lethal combination. and then leaves the room and doesn't call 911? it's more than negligence. it's gross reckless negligence. >> i have got one word, the word is casey. the gal we heard about in orlando where the cause of death

wasn't certain. as a result there was reasonable doubt. megyn: thank you both so much. coming up. do you have the right to flash your lights at oncoming motorists to tell them a copper is behind you?e right after this break. 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? but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth!

megyn: police ticket a florida man for flashing his headlights. the driver was trying to warn other motorists about a speed trap. now the man is suing saying the police violated his constitutional rights to free speech. douglas? >> reporter: the police say the driver was aiding law break, but the driver seize it differently. -- the driver sees it

differently. aaron campbell those was being helpful. the florida highway patrolman those was being obnoxious and disrespectful. he gave a $101 fine. what was your reaction. >> i couldn't believer he was telling me i couldn't communicate with other motorists. >> reporter: he flashed his high beams to warn drivers of a speed trap. >> reporter: you got the ticket dismissed but you are still suing the state. >> the states rolling a dice. they figured most people won't challenge it. it's time somebody did. >> reporter: florida cops issued similar tickets. campbell calls that a blatant violation to the right to free speech. it many a legal stance that caught attention of law enforcement across the country. >> he has a different

interpretation of the u.s. constitution than i done most law enforcement people would say. >> reporter: tom is a former nypd detective and police advocate. he says what campbell was doing was dangerous and illegal. >>' the same thing as saying run, here comes the cops. you are obstructing a cop from doing his lawful duty. >> reporter: people in law enforcement say you are impeding the police and helping law breakers. >> absolutely not. we have a right to communicate. >> reporter: which he says he does not lose when he gets behind the wheel of his car. megyn: that is a great case. very interesting. douglas, thank you. i want to make sheer that was a rental. it's not his real car. he actually drives what is that little car, that little square box car?

blackberry service is back but the fallout is still here. we'll be right back.

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