now flowing throag significant manpower at this effort. welcome to "america live", i'm megyn kelly. so far no suspects and a desperate search for leads as new crews search for the 11 month old missing now for nearly two weeks, her parents say she was snatched in the middle of the night right from her own crib and today they released new video of lisa. that is heartbreaking. this child is gone, folks. we don't know what happened to her, but she is gone. someone took her. someone knows what the truth is. just a short time ago, family members coming out to thank the public for their support, but urging people to keep looking. >> just because you don't see us out here every day doesn't mean that we don't feel those thoughts and prayers, we get the e-mails. we see all the coverage. and we greatly appreciate it. we know that this is going to bring lisa home to us. megyn: trace gallagher

following this from our west coast newsroom, as we await a news conference that is set to begin at 2:00 p.m. eastern, what do we know? >> reporter: we actually thought the parents might come out and address the media. when the cousin came out. the parents have not talked to the media now for several days. the cousin came out and spoke, as you showed, lisa has been missing the better part of 11 days and family members came out and not only did they speak, they put up new posters saying bring baby lisa home, they nailed them to the fence, put them over the doors and the front yard, and while the family is gathering inside, we talked to the police in kansas ste, they are back out on brand new search as we speak, they say it's not because of a tip, they're just going back over to retrace their steps and to talk with neighbors in the local area. one of the key things that police are very interested in is the mother, deborah bradley's, relationship with her daughter. well, we now have these brand new videotapes, home

videos of baby lisa, it kind of gives us a lot more insight as to the mother-child relationship. there are four videos in all, megyn, you can see there, one shows her kind of in the car seat, one, she's in a walker, and you can hear the mom in the background kind of speaking to her. most of it is baby lisa cooing, but now i want you to listen, here's interaction back and forth between the mom and the baby as she's feeding her. play this: >> look at the messy baby. lisa. what are you doing, mama? look at the messy baby. >> reporter: yeah, i mean t. sure sounds like a loving mother mother-child relationship, and yet, police have said to her, point blank, they believe that she's involved in this disappearance, in some capacity. we also want to talk about the press conference coming up now in about five # minutes. we believe this is wild bill stanton, he's the private

investigator, hired for the family by a wealthy benefit factor, he's for the past three or four days, megyn, telling us he's got surprises for us, right? that he's got new information for us. well, so far he's brought nothing forward. he says when he gets information he will share that with police. on the flipside police say they will not share information with him because he's not listened in missouri, but when we get more information about that press conference, and if the parents may be involved with that, there's word that a reward may be up to -- may be offered in this case. megyn: trace, thank you. i want to tell our viewers, we in "america live" have obtained information exclusively on exactly who is behind this effort that brought wild bill to the scene and what the stakes are, who was the person paying for this, why are they doing it, and you will hear that right here, live in a couple of minutes. the campaign trail now,

where one of the big stories involves a big boost for herman cain's 999 plan, the architect of reaganomics and the creator of the laffer curve, art laffer, publicly endorsing herman cain's plan for the u.s. economy. meantime, cain continues to surge in recent polls. chris stierwalt is the digital politics editor and host of power play on fox news live. chris, pretty good endorsement on your economic plan to have reagan's guy say i like it! >> not only are the herman dtom get added to but paul ryan with the daily caller said i love it, why not and neither laffer nor ryan, who is the ultimate big brain on the budget on the republican side of things are saying that it's the plan they would design, but what they're saying is it's a quantum leap ahead of the status quo and saying basically what the heck. what that does for cain is invaluable because the knock on herman cain is that he's short on substance, that he

doesn't have answers to all the questions. the fact that he embrace, that he says he doesn't know everything but can always find out, but to have two of these kinds of guys, two of these serious fiscal hawks coming out and saying this means a lot for somebody like cain. megyn: did they get past, we heard rick santorum going after her main cain on this issue at the debates, saying do you really want to give nancy pelosi another pipeline for taxing the american people by adding a sales tax without, most people saying it repeals the fifth amendment and income tax ability before you allow this thing. heman cain does not advocate that. do they explain, ryan or laffer, why that's not a problem for them? >> the central point in all of this and what laffer and ryan and what other conservative economists think about this is that it's so worthwhile because it flattens out the income tax at a 9 percent late, and what they really want is that flat income tax. if the way that that's paid for and compensated for is by sales tax, that's something they're willing to

trade off on. most conservatives prefer the idea of lowering rates and broadening the base, getting rid of exemptions and getting rid of deductions and replacing it with a low flat rate. if they can get half, they'll take it. megyn: there's a big question about whether 999 can pass. you can't just do it by edict as president, you got to get it through congress and her main cain says i'll make it so you need two-thirds of congress to ever jack -- jack up the 9 percent tax. that's built into the plan, but how does he get it into place in the first player have we heard his argument on that? >> well, i guess the argument is you elect a whole bunch of republicans and they go into congress and put all of this stuff into place. you know, the interesting moment for her main cain right now is he could stay a lot of stuff when he wasn't being taken seriously but if you look at the front page of the "washington post", they're out, coming after him, testing his plans, asking these questions, so the weather that cain does, the more tough, serious questions about being asked.

megyn: what of his campaign efforts, chris? you also hear and our viewers may not know this, but he's not really working it on iowa and new hampshire, he's on a book tour, which has people saying he's not serious, you need boots on the ground in iowa, to mobilize the caucuses and so on, to win there. can he do it despite the fact that he's not making those efforts? >> it's getting very hard to say that herman cain can't do stuff or it's getting harder to say he can't do stuff, but you're exactly right, the ancient test inside caucus and primary politics is you've got to be org need, you've got to be on the ground, because it's all a turnout effort, especially in iowa. right now cain is the most popular republican candidate, the best liked. whether it he -- whether he can translate that into votes come caucus and primary day is a question. megyn: thanks cries. >> you bet. megyn: folks, see how much attention herman cain is getting, the candidate has often said the boost in polls has nothing to do with

what one person referred to as the political flavor of the week. he took the line a step further by comparing himself to a specific ice cream flavor: >> the flavor of the week might have some substance. black walnut is a flavor the week! >> yesterday the political types got worked up for about 15 minutes over the fact that he later testified it was haagens-das, they no longer make black walnut, the company had to explain it was a limited edights, now herman cain says he will have his people call haagen-das to find out why black walnut is not on the shelves. maybe they'll price it at 9.99 is gallon! on capitol hill, house min art leader nancy pelosi is blasting republicans over a controversial abortion funding bill. the bill would ensure that no taxpayer dollars flow to health care plans that cover abortion. that bill just passed, the republicans got that

through. in the house, house minority leader, not happy. >> under this bill, when the republicans vote for this bill today, they will be vote to go say that women can die on the floor and health care providers do not have to intervene if this bill is passed. it's just appalling. megyn: as i mentioned, it did pass yesterday, and there's no word now on its chances in the senate, but the rhetoric from the congresswoman is just the latest example of increasingly strident attacks. this week, we will look at what that could signal. it wasn't just nancy pelosi. did you hear what the vice president said about republicans and their plans? we're going to debate it, bottom of the hour. well, eyewitnesses say that there is a tense calm across lower parts of manhattan after a showdown between police and occupy wall street protestors. the day started with owners of the park where the

protestors are camped, agreeing to postpone a planned cleaning which protestors viewed as a first step toward eviction. but that was not enough to stop the new round of clashes with police. officers arresting at least 15 protestors as they marched through downtown this morning. fox business network's ashley webster is live at zuccotti park in lower manhattan. ashley. >> reporter: good afternoon, megyn. as you say, it is relative palm at zuccotti park, the epicenter of this protest that began nearly four weeks ago. as you can see, people miming around, just going about their business, but they are still here. earlier today, there was certainly a tenseness to this park, when it was scheduled to be cleaned by the company that owns this plaza. as you say, that decision was delayed, postponed for now, the company, brookfield property, said they will work with the protesters to clean up the place, but there is a sense here, megyn, among the people i've spoken to, that they believe

it's the first step towards trying to evict them from this park. they say they're not going to move, they're quite happy to stay here. i think if they had tried to gone ahead at 7:00 a.m. this morning eastern time, to move them out, i think they could have seen some confrontation. so it's been postponed for now. megyn: ashley, thank you. well, could newt gingrich be experiencing the same kind of campaign surge we just saw with herman cain we'll ask him! live. weis here later on. right on this program. and this al-qaeda member helped promote attacks against the united states and was killed in the same air strike that took out american-born cleric anwar al-awlaki. so why is the state department apologizing for his death? and how are americans here taking the news? and we just got word from the fbi that they are conducting a new search outside of baby lisa's home. in just moments we will speak with a former police detective as we await

another news conference at the top of the 2:00 p.m. hour which could significantly raise the stakes in this case.

megyn: we are just minutes away flow the news conference on the shooting rage page -- rampage at a salon in seal beach, kaz, we're learning more about the alleged shooter, scott dekraii, said to be locked in a bitter custody battle for his son. he's accused of gunning down eight people on wednesday. police believe he targeted the salon but his ex-wife worked there. she is among the dead. new fallout today over an apology the u.s. state department made to the family of a slain al-qaeda member. last month, in an air strike in yemen, radical cleric anwar al laacie was killed, along -- awlaki was killed,

among side with him, samir kahn was killed, he was a well known publisher from inspire magazine that promoted attacks against the west. he's american, though. the state department confirmed the call to his family in north carolina. a family spokesman said they were, quote, very apologetic and offered condolences. deborah bir ling game joins me, sister of charles burlingame and with families of a safe america. we have gotten so much e-mail. you have a further in depth look of who samir kahn was. who is this man to whom this family our state department felt the need to apologize. >> you're going to get more calls after this. he was born in saudi arabia, came here as 57-year-old, grew up in queens and started blogging when he was a teenager. he was blogging under the name enchila shahid, arabic

for god will make me a martyr. at any rate, he postedo gleefully -- gleefully posted blood our troops being blown up in iraq, ieds, gruesome pictures of wounded troops, would caption them, calling them names, cowards, babies. bloggers in the united states figured out who he was, outed him. he called for their deaths and the deaths of their families. finally, when the fbi was watching him, he knew that he had to get out of town, and he came out as a member of al-qaeda. he is, in fact, in yemen, the chief propagandist or was the chief propagandist. megyn: is there any question he was a member of al-qaeda in some have asked that question. >> he was the editor of inspire magazine, this glossy, professional magazine. here's the cover of it.

you can see the rifle. that's his manifesto. >> i am proud to be a traitor to america, samir kahn. >> that's his manifesto where he talks about his loyalty to usama bin laden, the magazine he edited had pictures of the world trade center coming down, he talks about recruiting other americans to pull off other 9/11s, he celebrated the death of americans, and remember, one of the things he did in yemen was teaching english to other jihadis. they're not doing that because they want to learn western culture, they're doing that so they have an operational understanding of english, or pulling off operations against americans. mig meg he went on to say in this magazine -- before i get to the quote, i want to read this, i was quite open about my beliefs online and it didn't take a rocket scientist to prove i was al-qaeda to the core. i guess ala didn't protect

him. that was the end of it in the air strike. he went on to this, did he really want to kill americans. read it for yourself, i am proud to be a traitor to america, islam's claim to power in the modern world is not going to be as easy as walking down a red carpet or driving through a green light, i am acutely aware that body parts have to be torn apart, skulls have to be crushed and blood has to be spilled in order for this to be a reality. nonetheless, deborah, his family is upset, they don't think that the apology phone call was enough, and they may apparently be consulting with lawyers. >> well, you know, i'm amazed by that, because remember, when he was blogging and he was running al-qaeda videos of our troops being blown up, he was doing that from the basement of his parents' living room in north carolina, in their base -- their basement, and he was asked, he was featured in an article in the new "new york times" after he was outed, what about your neighbors who have sons and daughters

in the war, he said i don't care about those people, those are hellfire people, they're not my concern. megyn: what does this do? are there greater implications beyond the shock factor of the state department calling up the family and apologizing for his death? >> absolutely. the fbi says that these are seriously dangerous people, because al-qaeda, the center of gravity now in terms of operations against america and the west, not just here but in europe, great britain, is in yemen, and this guy was particularly dangerous because he was able to recruit people using american slang and idioms. >> what i think is here's a guy who is advocating the killing of americans, and our state department, our government, is basically apologizing to his parents who were facilitator, and what they take from this is they're morally correct, they are morally righteous. megyn: that we did something wrong. >> that we are the weak course and they are in the

right and that we can be defeated. this is very energizing to the people who want to kill us. and remember, one of the things he says in his manifesto is this -- i am a jihadi, i am termed to bring sharia and domination of the world and it's not because what america did so much, it's because of what ala tells me to do and i will do that until they kill me. this is a generational fight for them, and so for the american government to engage in this apiecement apology, apiecement -- appeasement, that as that their fight is righteous, it is a huge mistake and if i were the mother of an american soldier right now and i heard this, i would be incredibly angry. megyn: deborah, thank you. want to let our viewers know we reached out to samir kahn's family to get them to react, they declined to be here. new alarming concerns for the safety of flyers after a government watchdog reports that air traffic controller errors have increased sharply. trace has that and will give

us a tour of the danger zone. fox gets an up close look at moments in presidency,. h. w. bush like you've never seen him before.

megyn: and now a fox news exclusive on a unique look at history. the official oral history of the george herbert walker bush presidency was released about 20 minutes ago. some of the notable interviewees deeing critical moments in american history with appear aves by former vice president dan quayle and former defense secretary then dick cheney. james rosen is live in washington with this fox news exclusive. high james. -- hi james. >> reporter: more than 50 senior officials were interviewed for this oral history and these tapes have

never been played publicly until now. they take us inside the oval office during the bush 41 presidency as never before, showing us how george herbert walker bush operated behind the scenes but also giving us insights into many figures who would later serve in the bush 43 presidency, men like robert gates. in fact, the first clip we're going to play for you features gates, then the director of cia, recalling the final planning stages for operation desert storm, the campaign deliberates -- to liberate saddam hussein from iraq. it was an awkward situation when president bush asked him to review and report back on the plan for top officials, including dick cheney and colin powell. the only time the president looked over cheney and powell's shoulder in terms of the military campaign and particularly the bombing targets, and again, this didn't sit terribly well over at the pentagon, but

the president sent me over to the pentagon to view the target list, to make sure that there were no churches, mosques, hospitals, are we going to bomb something that was right next to a great historical treasure, and so on and so forth. >> reporter: bush 41 was a transitional presidency, of course, marked by huge tectonic shifts in the world order as the soviet union collapsed, east and west germany reunited and the persian gulf war upended the politics of the east. dick cheney was latetory serve as vice president under george w. bush, in his history oral session he marveled at how in the early 1990s, man and moment seemed so perfectly tailored to one another: >> if you were to go out and design a president to commander in chief in a crisis like desert storm, you couldn't do any better than what we had with george bush in terms of his experiences, combat pilot in world war ii, u.n., china, cia, vice president.

and he was, he was a delight to work for in that regard. i mean, so a lot of what followed after that, whatever successes we enjoyed and so forth, you got to start with the man. >> our thanks to the mili center at the university of virginia for making these tapes availabletous. dan on special report with bret baier at 6:00, the hollywood i con who george herbert walker bush considered in 1998 tapping as his running mate. how's that for a tease? >> megyn: a little too good. makes me want to go into the rundown and figure it out myself! thank you, james. over the last 72 hours, we have heard pretty dramatic accusations from top democrats like minority leader pelosi and vice president biden. >> when the republicans vote for this bill today, they will be voting to say that women can die on the floor. >> in 2010, when flint had only 144 police officers, the murder rate climbed to 65 and rapes climbed to 229.

megyn: what are we to make of the ramped up rhetoric towards republicans? some answers and a fair and balanced debate right after this break. and where is baby lisa irwin? ci barely watch these videos, how about you? >> the fbi is now joining the search with what they call significant manpower. we will take a close look at the newest leads as we await a news conference, top of the hour. and at this olive garden, you can eat all the salads and bread sticks you want but one thing you cannot do is display the american flag. why the restaurant told an 80 year-old customer the stars and stripes are not welcome. >> this is not my country. this is not my country that i grew up with. i was so angry. and i felt like i had been slapped in the face.

megyn: serious new questions today about safety in our skies after an alarming report reveals a dramatic increase in errors from runway problems to near collisions in the aimplet trace gallagher has more from the live newsroom. >> reporter: the investigative arm of congress looked at two separate categories, the first was runway incursions, that means that anything that should not be on the runway with other plane, namely baggage carts, vehicles, other airplanes that are on there, and the

geo says that runway incursions over the past several years have nearly went up almost 70 percent. now, that's since 2004, right? 70 percent of the most highly publicized incursion recently was at jfk, remember this, this is an airbus coming down the taxi way and you look at the regional jet there, the airbus clips the regional jet and lifts it up, kind of turning it side ways like a little toy. that was one of them. boom, right there. another one, at jfka. near miss, when an egypt airplane nearly crossed on to a runway, as a luv hansa plane was getting ready to take off. remember this frantic call from the air traffic controller? play this: >> cancel takeoff, cancel takeoff plans. >> rejecting takeoff. >> all traffic is stopped right now. >> they shut down the entire runway there, that turned out to be the fault of the egypt air pilot. the gao also looked at

mistakes by controllers handling approaches and departures within 30 miles. those have doubled in just the past three years, including this year, reagan national airport, when the united jet nearly collided with a private jet because the air traffic controller didn't separate them properly. that's when the pilot said, quote, that was close, now the faa says it's not sure if their numbers are actually going up or if there are more reports because they have a new system where the traffic controllers can report mistakes without being pressured -- punished, the air traffic control association says we are following every letter of the law and there hasn't been a major disaster in this country, megyn, in ten years. megyn: trace, thank you. well, two of the most prominent democrats in washington using stark language to promote some of the obama administration's polices. first you will hear house minority leader nancy pelosi, blasting republicans this week over an abortion funding bill, a bill i should say that was meant to

eliminate federally funded abortions. they didn't want taxpayer money to go toward abortions. and second, vice president joe biden, seem to go suggest that rapes and murders could rise in some cities unless president obama's jobs bill is passed. listen: >> under this bill, when the republicans vote for this bill today, they will be voting to say that women can die on the floor and health care providers do not have to intervene if this bill is passed. it's just appalling. >> in 2008, when flint had 265 sworn officers on the police force, there were 35 murders and 91 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 fields. -- shields. got only knows what the numbers will be this year for flint if you don't rectify it. megyn: alan coomes, host of the alan coomes radio show and michael reagan, scare tactic? >> i'm ashamed they finally figured us out, nancy pelosi is right, we don't want women to die on the gurney bed, we want them to die on floor, and the dirtier the floor, the better, and joe biden is right, we want more rapes and murders, of course, our side only yuans liberals to be murder merd. yes, they've got to figured out. the closer we get to next year's election the more des operate and slim and vial these guys on the left are going to become. what's unreasonable, alan, about not expecting taxpayers who are prolife

like me to fund abortions or giving health care providers conscientious status? they don't have to do it if they don't want to. >> they're already going to abortions. it's duplicative in some sense t. can refuse any woman for any reason admission even if her life is in longer. >> not true. megyn: no, if the life is in danger, the doctor still intervenes. >> but they have the right to refuse. and the net result of these polices could be exactly what is being talked about, just like when aborings were illegal and women bled to death because they couldn't get to doctors, we're talking about the net result of polices that republicans want to put in that would have a terrible effect on the well being of americans. megyn: alan, with respect to vice president biden's comments, i thought that the estimate lutz bill was supposed to keep police in places like flint, michigan employed, so if flint, michigan is having this problem is that an admission that the effort has failed?

moreover, there are reports they could have kept more police officers on duty in flint but the union refused to compromise under certain terms, therefore they had to lay some off. >> i don't know what the terms were, but i do know that police people were added, more would be better. a bigger stimulus package with more money going into the states -- >> megyn: 20 cops were laid off rather than taking a pay cut. >> we need more of this,. >> more spending. >> and biden's greater point was more police on the street and indeed there was a point where police did know, the special prosecutor's office at a special task force which added money -- >> megyn, may i please? >> mig mig let him finish. >> go ahead, mike. >> megyn, you have it right. i mean, the unions wouldn't agree to any concessions whatsoever, the truth of the matter is, unions are absolutely incapable of agreeing to concessions and they're creating their own problems. but again, going back to the scare tactics of saying that our side wants more rapes,

we want more murder, we want women to die on the floor, all of this stuff is beyond the pale, and alan, you tried to answer megyn, you didn't really address it. >> what did i not address? >> when the woman's life is in danger, the doctor has to treat. all this would say is under the terms of nationalized health care, which is omabacare, we're going to give conscientious status to people who don't want to support abortion. what's wrong with that? >> they can refuse women if they want to refuse them. they can refuse them. megyn: the question is about the language they're using, nancy pelosi suggesting they want women to die on the floor, biden saying more reigns and murders. this isn't the first time. nancy pelosi on another bill -- stand by, i want to play the sound bite. here she is not long ago. >> one of the bills before us, it affects 6 million seniors, home-bound seniors are deprived, i don't think the american people want this, or the children --

>> megyn: so the seniors are going to starve, the women are going to die on the floor and more reigns and murders. >> i think something is being misstated here in that i don't think anybody is saying republicans purposely want people to starve, that that's their goal but that the net result of these polices would be just that and they are unconscious about how deleterious bir polices would be to the american public. >> when democrats portray paul ryan as pushing grandma off the cliff in a wheelchair, was that inadvertent? >> did you have a problem with death panels and death panels designed to -- >> i do have a problem with death panels. >> it was a scare tactic -- >> megyn: he doesn't have the problem you think he has. >> i got a problem, i don't want the government deciding that -- >> megyn: you knew he was going to go there. i got to go. listen, it was a good debate. thank you very much. the fbi now joining police in kansas city, searching for baby lisa

irwin, investigators are now on a new search for clues near the irwin home. we are awaiting a news conference top of the hour here. lisa's parents spoke to fox news. you will hear something from them right after this break. the fighter jet nosedized towards the ground, the pilots, seconds from certain death. but you will not believe how this one ends. luckily it's caught on tape. >> the self-styled superhero phoenix jones, did he go too far and end up on the wrong side himself? he joins us live today in a very special kelly's court.

megyn: the restaurant the olive garden finding itself in a bit of a flag flap, apologizing after staff shocked the customer who rented the restaurant for a banquet but refused to let her display the american flag, the woman, an 80

year-old woman, said she was outraged after she couldn't bring the flag into the banquet. dix dment ehayes from alabama reports. >> this is not my country. when is not any country that i grew up with. >> at 80, mary warren knows a few things about this country, she lived through world war ii, was on the front lines pushing for de segregation, and when she was told she couldn't display her american flag at a kiwanis club meeting -- >> i was so angry and i felt like i had been slapped in the face. >> that came at the oxford olive garden, one hour before the banquet, the restaurant manager told warren she could not bring in their banner orioo banner or even an american flag. >> she said we should have told you earlier, i said we would never have eaten there. had we known this we would

have -- wouldn't have eaten there. we would have gone to mcdonald's, they're american all the way through. >> we wact dollars the restaurant, they gave us this statement, like all americans, we have nothing but the utmost respect and admiration for the american flag. the oxford olive garden does not have a private dining facility, to the fair to everyone and avoid disrupting the dining experience for all other guests, they're unable to accommodate flags or banners. but mary warren says that's not what they told her, in fact, she says they told her she would be in abandon cet room three and as for being in the way they were seated in the back by the kitchen. >> i resent that. i do resent that. i'm all about truth and that's not truthful. >> and now, she isn't sitting back quietly. >> word of mouth has an powerful tool, and if people find this out and decide not to patronize these places it will hurt them in the pocket. megyn: well now mary and the kiwanis club are getting a

personal apology, olive garden's vice president, coming to alabama to visit with them. well, they may not be happy about the bad press following that. folks, we are awaiting a live news conference out of kansas city, missouri. there you can see microphones have been set up in front of the family's house. we expect breaking news on this case in 12 minutes. you will see it right here, live. and coming up, right after this break, an "america live" investigation into the latest on the baby lisa tapes that we have obtained and the interview that the parents gave to fox news channel. that's next.

mig welcome back, folks. we are awaiting a news conference in the search for

baby lisa irwin, you can see the microphones set up outside the family home, this as the family releases home video of baby lisa for the first time. now the fbi says it is putting significant manpower into a new search for clues. it's ongoing at this moment, up and down the street where baby lisa lived, not far from the home at leecht joining me now, former police detective pat brosnan. it is tough to look at this video, because no matter what happened to this child, we know something bad, i mean, someone stole her or something happened to her and she's been missing for almost two weeks. i want to talk to you about, first, the news that the fbi is on the scene, going up and down the street reportedly with metal detectors. what do you make of that? >> that's unusual. and first of all, i think the federal response is unusual. it just speaks to the gravity of the case, let's face it, the baby didn't levitate out of the crib 11 days ago on her own accord, either involvement or complicit on the part of the biological parents, living there with the baby, or some circle of acquaintances of

the friends of the parents. megyn: they've got to look into that, too, because you don't know the connection of the parents. i want to play a couple of clips we put together from judge jeanine's interviews with the parents, because there may be critical clues about the night in question. i want to get your take on it as an investigator, what you would make of this. watch this. >> the neighbor was gone? >> yeah. >> okay, and you think that was about 10:30. >> yeah. >> were the lights on or off? glie turned them off. >> did you hear anything out of the ordinary that night when you went to bed? >> no. >> nothing? >> no. >> nothing. and was your bedroom door open or closed? >> we close all the door at night, i have a baby monitor on and i didn't hear anything. >> there was a baby monitor? >> we always have one on. when we go to bed and she's in bed. >> and they're pretty sensitive, you could hear someone if they're walking. yer me -- jeremy, when you come home, what do you see? >> we found the -- found the front door unlocked.

>> did you expect it to be locked? >> yeah. >> why? >> it's always locked. it's always locked. so the front door was unlocked, i walk in, most of the lights in the house are on,. >> and what did you think when you saw the lights on? >> i thought sometimes she leaves one or two on, but it was unusual for one to be on in almost every room in the house. so i just walked through and started turning lights out. got to the computer room and saw that the window was open, tried to close it, and that's when i realized the screen was popped out. megyn: what jumps out at you? >> several points. first of all, logically, i have tremendous questions about this statement. you have dog that doesn't bark, the baby that doesn't cry, mysteriously unlocking door, i have problems with this one. megyn: what about the lights

being off, according to her when she goes to sleep and the husband says when he came home they were all on? i mean, is it plausible, is it possible, that an intruder stealing a baby would come into the house and turn all the lights on while doing it? >> is it plausible, possibly. it's highly improbable, though,in inconsistent with established criminal behavior. it doesn't make sense. megyn: if you're going to break into a house, where do they normally do it from, front or back? >> back or whatever side doesn't face the road. in this case the frant faced d -- faced the rote. >> they had a dog that stayed in the back, yet the mother doesn't hear any barking nor did she hear anything on a baby monitor. >> a dog that doesn't bark, a baby that doesn't cry. i would like to interrogate these people. i'd like to take a crack at it. >> police say she failed a lie detector test miserably. what are the chances she failed because she was terribly upset? >> we give them privately every day of the week, we're

very involved and yes, there are indictary concerns that can give you a false positive or false negative but in the totality of the factual statements and coupled with, again -- it's troubling. it's a troubling case. >> now there's a gentleman by the same of bill stanton who is helping the family investigate the case or who is investigating this case and people where questioned where this guy, wild bill, came from and what the benefit frequenter, that person paying him, what the motivation is. america live has obtained answered for you. bill stanton was hired by a wealthy man who -- mon who -- woman. your humble correspondent who has spoken to this woman who herself is a mother and her only goal is to filed the child and this truth, she retained stanton for a search for answers, wherever the case may lead. we will hear from mr. stanton at the top of the hour regarding the extraordinary next steps is taking to get answers this this case. keep in mind he is speaking with the family, among others, and you will see

that right here, live, news will break in about ten minutes. pat, thank you. meantime a new shakeup in the republican presidential field, a new poll putting newt gingrich in the top three for the first time this -- in this race. he'll be here live, next hour.

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megyn: fox news alert, we are awaiting a news conference in missouri on missing baby lisa irwin. as we get word from the fbi that they are now throwing significant manpower at this effort. crews right now are searching outside of the family's home, we are keeping an eye on that. this is wild bill stanton, he's making his introductions. we're going to take you there, you're going to hear it, don't worry. he's talking to the local media, and we'll go back moments from now, and you'll hear the latest on the case, promise. our top story is zeroing in on a key link between the white house and a failed solar power company that squandered hundreds of millions of tax dollars. that's where we fin this brand

new -- begin this brand new hour of "america live," i'm megyn kelly. david print, venture capitalist and green energy adviser to president obama contacting the president's team in the early days of the administration encouraging him to publicly embrace solyndra. all right, i lied, you won't see it. but trust me, he exists, and he did that. the now-bankrupt solar panel maker, this as a congressional committee investigates whether the department of energy violated the law by restructuring slip that's massive loan allowing private investors to be paid back before you, the taxpayer. the law says you're not supposed to do that. mike emanuel live on capitol hill. >> reporter: well, megyn, you hit the nail on the head. that was the central focus of today's hearing on the house side of the capitol, much of the focus involving the modification of that loan, the $535 million loan n allowing private investors to be paid back ahead of the american taxpayers. much of the fire inside the hearing was directed at the

department of energy or doe. take a listen. >> i think what happened here was treasury -- excuse me, department of energy made a bad loan, they realized they'd made a bad loan, they were trying to figure a way to cover up the fact not that they'd done anything illegal, but cover up the fact they'd made a bad hone, and they broke the law. >> reporter: they said they've never heard of a case where private investor money was put ahead of taxpayer money in a loan. some republicans suggesting the administration knew solyndra was a bad debt destined to fail. some democrats complain department of energy officials should have been invited to testify alongside those two treasury officials at today's hearing. >> that approach only serves to insure that half the story is told today. it makes this hearing appear, to me, to be more about generating headlines than engaging us in thorough fact finding, and i hate to say that, and i say it

with all due respect, but let's not do this investigation piecemeal. let's do a whole investigation. let's get all the facts out there, and then let's figure out what to do. >> reporter: republican lawmakers say they fully intend to hear the department of energy's story including inviting energy secretary steven chu up to the hill to testify. it was clear today's hearing is shot the end of -- is not the end of this investigation. megyn? megyn: mike emanuel, thank you. that obama adviser was also reportedly instrumental in getting the troubled solar firm a major military contract. rockport capital has a seat on a pentagon panel that explores emerging technologies. rockport recommended solyndra to the navy along with several other companies when the navy requested new solar equipment. solyndra was eventually tapped for a pilot program with a $400,000 paycheck, but that deal fell apart when the navy learned that the company was nearing bankruptcy.

texas governor rick perry has now unveiled his new plan for creating jobs giving his first major policy address since entering the presidential race. mr. perry unveiling a proposal for creating a $1.2 -- for creating 1.2 million jobs focusing on american energy. >> my plan is based on this simple premise: make what americans buy, buy what americans make, and sell it to the world. we're standing on top of the next american economic boom, and it's the energy underneath this country. megyn: steve brown live in pennsylvania where mr. perry laid out his plan. steve? >> reporter: hey there, megyn. yes, and the energy portion of perry's economic plan was the only portion released today. there will be more coming up down the road, says the texas

governor. but to put it simply, governor perry believes that energy, more specifically energy creation and production, equals jobs. today's event was at a steel plant, as you mentioned, a u.s. steel event where perry unveiled his energy plan which is one pillar, again, of his overall economic policy. the event was held in this steel mill because manufacturers use lots of energy in boosting domestic energy production is the fast path to job growth, says perry. >> the quickest way to give our economy a shot in the arm is to deploy the american ingenuity, to tap american energy. but we can only do, we can only do that if environmental bureaucrats are told to stand down. and my plan will break the grip of the dependence that we have today on foreign oil from hostile countries. >> reporter: now, by rolling

back new epa regulations, says perry, and leasing federal lands and waters to exploration, the governor says the economy will grow and jobs will come with it. plus, perry says all this can be launched within 100 days of a perry administration. the obama campaign is weighing in on the governor's proposal saying in part, quote, governor perry's energy policy isn't the right way to win the future. it's straight out of the past, doubling down on finite resources with no plan to promote innovation or transition the nation to a clean energy economy. again, this is just a portion of perry's economic plan. he's been under a little bit of heat amongst his republican rivals to produce one. this is just a main plank, but a substantial one. megyn? megyn: steve brown, thank you. and speaking of the economy, president obama right now about to speak at the general motors auto plant in michigan. with the south korean president. the two promoting a new trade

deal in a state battered by asian car imports. the entire event will be streaming live on our web site, foxnews.com, if you'd like to check it out. we're getting new details on the final moments onboard a doomed flight to paris. air france flight 447 from rio crashed in the atlantic more than two years ago. all 228 people on that plane were killed. now the cockpit voice recorder recovered just this past may revealing new details about what took place three seconds before impact. trace gallagher, live with that story now. trace? >> reporter: and remember, megyn, that cockpit voice recorder sat at the bottom of the ocean for two years, and the details are being released by an author who wrote a book called "pilot error," and in it he goes over the conversations in the minutes before that plane crashed. remember, the plane had trouble after the device that measures the airplane's speed got clogged, and there was confusion in the cockpit about how to respond to that. in three minutes and 30 seconds,

that plane plunged 38,000 feet. in one exchange the co-pilot says, and put this on the screen: climb, climb, climb. the co-pilot then responds, i've been pulling back on the stick for a while now. the computer warning system all the while is going off saying stall, stall, stall. the captain says, watch out, you're pulling up. and the co-pilot responds, am i pulling up? the critics say in basic flight instruction you never pull up in a stall, you always push the nose down. it's unclear why the pilots took over from the flight control system, the automatic pilot, if you will. and then finally, the co-pilot says, and i'm quoting, dammit, we're going to crash. this cannot be true. now, investigatorrers in france say that's not fair because the author may have taken some of these black box recordings out of context, and the final investigation has not yet been concluded yet. they are now training pilots

very vigorously on how to deal with high-speed stalls in the wake of crash 447, megyn. megyn: trace, thank you. well, herman cain may not be the only gop candidate rising now in the polls. brand new poll numbers show newt gingrich gaining momentum. wow. and we even have rocky music. actually, that's from the video, to go with it. the former speaker of the house joins us live just ahead. plus, attorney general eric holder facing questions about whether he is fit to lead the justice department, taking heat for the botched federal gun-running sting that armed some of mexico's most dangerous criminals. the whistleblower who helped break the news about operation fast and furious is here with whether he thinks holder needs to go. and not even superheros are above the law. should phoenix jones face criminal charges for pepper spraying a rowdy crowd? seattle's real-life caped crusader in uniform in today's

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megyn: fox news alert, the news is breaking out of kansas city, missouri, right now where the investigator who has agreed to advise this family, they are not his clients he says, his client is the truth, bill stanton now announcing a $100,000 reward for the safe return of little lisa irwin, the kansas city, missouri, baby who went missing 11 days ago. not this past monday, the one before. her parents say she was taken out of her crib in the middle of the night. they also say that since then the police have accused the mother of being involved in this

matter and of possibly hurting her baby. they also tell fox news that she failed miserably a lie detector test, although there are questions about whether that is the case. i want to bring you now to wild bill stanton -- that's what they call him, wild bill -- who's making the announcement of a significant reward now for this baby's safe return. >> there's going to be $100,000 reward put up for the safe return and/or conviction of person or persons involved in this horrible crime. and i hope this opens up someone's heart or someone's eyes, and they realize this is serious. and that we can get lisa home safe and sound. megyn: mr. stanton also announcing that dr. rendaso has joined his team. again, this show reporting earlier that he has been funded

by a private benefactor when whom your humble correspondent has spoken personally. she is a mother who wishes to help search for the truth. that is the mission according to mr. stanton, and he has brought on this doctor to help him. for those who think wild bill's a bit of, you know, he's a colorful character, the doctor has quite a resumé to back up her expertise. she spent ten years as the chief research psychologist for the secret service, ten years. and she is now assisting in the search for the truth when it comes to what happened to missing baby, little lisa irwin. we will stay on this case as we have from the beginning for you. in the meantime, there are serious new questions today about whether attorney general eric holder can or should still lead the justice department and the atf, the agency behind the botched gun sting, fast and furious, in the wake of what we heard in recent weeks.

fast and furious was, of course, the federal operation that put weapons in the hands of dangerous drug cartels. the idea was we would then be led to the cartels and make arrests. that's not quite how it worked out. joining me now is a former atf agent and whistleblower. you're actually a current agent, you're just -- your badge was taken away because, you believe, you blew the whistle. >> that's correct. megyn: all right. i want to take the viewers back because you were one of the first people to shine a light on this program and on what was being done. you spent your life devoted to this business in the atf. tell us just, those o who aren't that familiar, what is so controversial about what the atf was doing. >> in terms of fast and furious? megyn: yes. >> we were disregarding our mandate. we were ignoring the laws that were given to us to enforce, and subsequently denied doing it and

attempted to cover up our actions rather than stepping up, um, to this day. somebody, i'm still looking for anybody to step forward and say i own this, i take responsibility for this, i did this, it was wrong, and we're going to fix it. megyn: we certainly -- >> it's that simple. megyn: we certainly have not heard that out of the justice department. initially, they denied the operation existed, then they denied they were involved in the it. both of those turned out to be not correct. then the attorney general said he only herald of it around april -- heard of it around april, 2011, then there was a statement, well, there's a difference in knowing about an operation and knowing about the aspects, and then eric holder said, no, i didn't know about anything, i didn't know about the controversial aspects, i didn't know about the operation until around april of 2011. do you believe that? >> i think the facts bear out that either the attorney general knew or should have known. i mean, it's my understanding he

attended brian terry's funeral, and i don't think if i'm the attorney general i leave that service without talking to the investigators and saying do we have suspects, where did the weapons come from, what do we know as of today? and at that point, i mean, that's in december of 2010. he wasn't briefed on the outcome of the weapons that were found on the scene there until the media broke it? megyn: there are a lot of questions about it. vince, i have this question for you. the reporting is that the atf needed wiretap authority to go in and conduct this operation because the idea was they'd listen to the gun purchases, they'd track the bad guys and so on. nonetheless, we lost 2,000 weapons. that requires doj approval. that's been established. do you believe that officials high up in the justice department would have had to sign off on this? >> oh, without a doubt. without a doubt. there's no one at the level of the assistant director, deputy

assistant director, our deputy director who would have moved forward with an activity like this without the approval of the department of justice, main justice. doesn't happen. wouldn't happen. megyn: and what was the word, i mean, you know you've been with the atf 20-plus years. what was the word among the agents? because just for folks who aren't familiar with the atf, you know, watching over guns and making sure they don't get into the hands of bad guys, particularly along the southern border, that's what you guys do. so when somebody comes to you for the first time and says, actually, we want you to let them have the guns and then we're going to trace them, what was the word among agents on, you know, how is this happening? >> it was shock. it was shock and dismay. and that's when, um, this thing blew up so badly, because we had been approaching the senior leadership in atf for breakdowns in integrity and leadership for multiple years. for years on multiple fronts, we

were ignored and not allowed, you know, the confidence of the, some of the managers to kick their feet up and go nothing's going to happen, i'm large in charge, i don't have to be accountable. and to this day i haven't seen any accountability. to this day. megyn: they sort of reshuffled the deck chairs by just moving people out of positions as opposed to firing them. i want to ask you about the history of the operation because you uncovered -- you say this was happening back in 2005 and 2006 when president bush was in office. there's a question about when this program began because operation fast and furious seems to refer to what was being done out of the phoenix office of atf. but letting guns walk, letting them get into the hands of the bad guys, was that happening significantly prior to operation fast and furious? can you put it in perspective for us? >> not to my knowledge. i mean, i've seen the reports, and i've seen some suggestion that on some level in other field divisions it may or may not have occurred. i'm not going to attest to that

because i don't know that to be a fact or not. i would be equally shocked and i don't believe it absent a full accounting that that goes on. this was a deplorable act, people have died because of it, more people are going to die because of it, and until we get past some accountability, until some people are truly held accountable, not just moved over to their new job where they were intending to go anyway, and some people face some con scweptions, you've -- consequences, you've got 24 sacks in the country with their feet kicked up saying i'm good, i can sell the new codes. they're not going to fire me, they're not going to demote me, they're going to protect me. megyn: vince, thank you so much for being so forthcoming as you have been since the beginning. all the best, sir. >> thank you for having me. megyn: we've got a developing story on a big drug bust near the border with mexico. what i.c.e. agents and the police managed to seize plus the

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megyn: a crazy drug bust in arizona as the feds went in like they were armed for war. i.c.e. agents and deputies arresting 17 suspected drug smugglers, seizing half a ton of marijuana plus a dozen weapons, a thousand rounds of ammo and $35,000 in cash. some perps put up a fight, police saying the drug ring was moving smuggled drugs from the mexican border through the arizona desert into phoenix. well, a remarkable story, now, about a young up and coming

race car driver. what's remarkable is not michael johnson's age -- 19 -- but that he is paralyze trd the waist down. the teen moving up the ladder on the racing circuit, hoping to compete in the big daddy of 'em all, the indy 500. our own rick leventhal live from new york city on this one. rick? >> reporter: megyn, it is remarkable and unspiring. a young man who never felt sorry for himself despite a horrific crash and a year in a hospital bed. the day he was paralyzed, he told his dad, i don't want to stop racing. when he was able, he started driving go-karts with hand controls and then moves to this formula car. last weekend was his final race of the summer series. he had some mechanical problems but still wound up finishing third overall, and he plans to turn pro next year. >> i never think about, um, like, pity me, why did it happen to me. that's, it's in the past, time to move forward. >> reporter: you're not

feeling sorry for yourself. >> not at all. i think i consider myself lucky. i mean, i was -- it could have been a lot worse than what i am right now, and it's, it's coming back. >> reporter: when he says it's coming back, he's talking about the progress that he's made in physical therapy. he had experimental stem cell surgery in portugal in 2007, and since then he's actually improved, regaining feeling from if his chest to his abdomen and believes that he will one day walk again on his own. >> don't ever tell him he can't do something, because he'll prove you wrong. and he already has. nobody said that he would be able to do this, and he's already proved everybody wrong. >> reporter: michael's coach says he's always learning and improving and will absolutely achieve his goal of competing in the indy 500. he'll be testing his new car on that famed track later this month, megyn. megyn: wow, good for him. rick, thank you. well, incredible video of a massive tornado barreling

through one state. >> tornado! >> that is a tornado, look at that. i can't believe it. i've never seen anything like that. megyn: wow. look at that. the twister ripping think a community just hit by another natural disaster. we'll tell you where. and a brand new poll shows gop presidential candidate newt gingrich surging ahead of a former front runner. he joins us live next. >> if you don't have a job and you need help, then in order for us to give you the help, you should sign up for a business-led training program so that that 99 weeks becomes an investment in this human capital giving us the best trained work force in the world so you can get a job. but i believe it is fundamentally wrong to give people money for 99 weeks for doing nothing. that's why we had welfare reform. [cheers and applause] eggland's best eggs.

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presidential candidate newt gingrich might be seeing the kind of campaign surge that lifted rival herman cain. check out this new rasmussen poll shows mr. gingrich moving up into third place behind just mitt romney and herman cain, ahead of mr. perry. also a new poll by public policy polling shows mr. gingrich, again, in third just seven points behind mitt romney. the former speaker of the house and presidential candidate newt gingrich is my guest now. mr. speaker, you've got to feel good about that. >> i do. it's been a pretty good couple weeks. megyn: how? why? explain it. >> well, i think partially, real solutions, being positive and people getting to see me in the debates without editing and without judgment being rendered by others, and i think as people listen to common sense ideas like having a learning requirement attached to unemployment compensation or focusing on stopping crooks from get canning $120 -- getting $120 billion a year from medicare and

medicaid or creating jobs through very dramatic cuts like zero capital gain tax, i think people begin to look at the 21st century contract with america which is at newt.org and which thousands of people have now downloaded, and they begin to realize i'm not a candidate of slogans, i'm a candidate of substance. we balanced the budget four times, we reformed welfare, the first bill entitlement reform. we actually took the projected debt of the united states from a $2.7 trillion projected ten-year deficit when i entered office, four years later it was a $2,200,000,000,000 surplus. that's a turn around of almost $5 trillion, the largest of its kind, i think, in american history. megyn: you've been so positive, i've watched you at all of these debates, i think people do respond well to that. they like to see you on the stage saying all these guys are good and gals, you know, you can't go wrong. obviously, you'd like them to go with you by saying that they

can't go wrong no matter who they pick. can i ask you, though, what do you make of rick perry's fall in the polls? you seem to be gaining some of the momentum he is losing, ahead of him now in at least two of these major polls. what do you think explains that? >> well, we discussed it when we were together for the debate a couple weeks ago, rick perry's a good friend. i wrote the forward to the book that has been sort of controversial. i think he's been a great governor of texas, but president's very different. governors operate in a different world. i'm the only candidate in the race who has at a national level developed a majority, first with reagan in 1980, then with the contract with america in 1994. i'm the only member, the only candidate who's been working on national security issues since 1979, and i think what happens to you is you've done really well with the state legislature, you've done really well with the state news media, and all of a sudden here you are at a national level. the scrutiny is so intention.

i experienced this in 1995 as speaker. i wasn't ready in 1995 to jump from minority whip to speaker of the house and leader of the republican party nationally. and it took me probably two years to learn that trade. well, when you're running for president, you've got about two minutes to learn that trade, and i think rick is now -- you know, he's a very smart guy, he's got good consultants, they're a good team. i like he and anita very much, and i think he'll find his footing, but he's finding himself, i think, that this is a different league than being governor. megyn: i want to ask you about some comments you made over the weekend that made news which is about the supreme court. i used to practice law for nine years, so it caught my attention as well. you talked about how you would ignore the supreme court if you felt it was necessary should you become president. now, that's the kind of snappy sound bite that a lot of people like to hear, but as a practical matter -- because you've made similar comments in the past

suggesting we should abolish the ninth circuit court of appeals. how would you feel if president obama said he was going to ignore the supreme court rulings that are favorable to conservatives and abolish some of the right-leaning courts? >> first of all, you can only abolish it if you have a congress voting with you. but there's a paper at newt.org on rebalancing the judiciary. that paper's based on nine years of research going back to 2002. i've written about it in a series of books, the latest of them "a nation like no other." i taught a short course at the university of georgia law school on this topic. vince haley, who's our senior editor, has been studying this for years. and i think what you'll find is if you go back to history, that 1958 the warren court made an allegation. they claimed power that they didn't have. that for all of american history we've had a balance of power. the courts, the congress and the president. only in the last 50 years have we had judges so arrogant that

they thought they were supreme over all of us. and i think if you look at my paper, you'll see that step by step looking at jefferson, looking at madison, looking at jackson, abraham lincoln, franklin delano roosevelt, i think i lay out a pretty convincing case that the founding fathers intended the courts to be the weakest of the three branches, not the strongest, and they expected the court to be a little bit cautious about picking fights with the legislative and executive branch. so very serious topic which i hope we can raise to a level of dialogue. it's one of the reasons i will be challenging president obama to seven three-hour debates in the lincoln/douglass tradition -- megyn: very interesting. i'd love to talk to you more about it, too, but, of course, we're up against the clock. i want to ask you this before i let you go. you got into a little bit of a back and forth with barney frank. [laughter] and i don't want to play the sound bite, but at the debate

you were asked about barney frank and chris dodd, and you said if you want to start throwing people in jail, you ought to start with barney frank and chris dodd. now, barney frank responded by saying, well, first of all, he said you're just embarrassed because you're running behind michele bachmann. then he said the republicans part of the time ran congress from '59 until '06. chris dodd and i were in the minority during that time and, in fact, no remedial action was taken by congress until we became chairmen of our respective committees in '07 and '08. your response, sir? >> bologna. first of all, he's factually wrong about running behind michele bachmann, so it's just bologna. second, he's wrong about trying to shift the blame. these problems go all the way back to jimmy carter in 1979 distorting the housing industry. they're accelerated under the democrats. the housing act which was passed by the pelosi congress was a disaster in '08, and the fact is

that barney frank has consistently and chris dodd consistently built up and strengthened fannie mae and freddie mac, the two gigantic housing institutions. and peter wallace at the american enterprise institute is probably the leading expert on this, he can lay out on why they have a lot to answer for. i didn't want suggest out of the blue we put anybody in jail, but i said if somebody wants to start down that road, the place to start is chris dodd and barney frank, not with people on wall street. megyn: let me ask you for a quick answer on this one given our timing. you've agreed to boycott the nevada primary. mitt romney, rick perry have not gone that far. >> yes. look, i'm going to be in nevada monday, tuesday, wednesday, i want to campaign in nevada. i believe the republican national committee chairman has to get the states together. there are five tuesdays in january. you can start with iowa on the 3rd, go to new hampshire on the 10th, and you can work it out so we can have all five of the states have a primary, have a

campaign in all five states and not be in a mess. my hope is that we're all going to be in the nevada campaigning. i think it would be helpful if governor perry and romney would step up to the plate and indicate whether or not they're prepared to defend what is historically new hampshire's first in the nation role as a primary. megyn: thank you so much, sir. i hope you come back, mr. speaker. >> thank you. megyn: all the best. >> good to be with you. megyn: well, coming up, a hole 20 feet deep filled with water, not something you want to fall into. how luck and a loud scream saved one elderly woman from the brink of death. and you are looking live right here at phoenix jones. now, who would go from newt gingrich to phoenix jones other than "america live"? [laughter] mr. jones is facing the possibility of criminal charges. why? he'll tell us when he is our special guest in kelly's court next. ♪ [ female announcer ] so you think your kids are getting enough vegetables?

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verizon is the nation's fastest and most reliable 4g network. verizon. built so you can rule the air. megyn: well, kelly's court is back in session. on the docket today, a citizen superhero accused of joining the forces of evil when the sun sets on seattle. an ordinary citizen becomes a dark knight known as phoenix jones, a costumed crime fighter armed with only a can of pepper spray and reckless abandon in search of civilian villains. phoenix ran into some kryptonite sunday, however, when cops slapped the cuffs on him for pepper spraying a rowdy crowd outside of a club. so far, he is deflecting criminal charges, but prosecutors say they are not finished with him just yet. in a kelly's court first, phoenix jones, the defendant in the case, joins us live before we tee up the lawyers. phoenix, welcome! >> how you doing?

[laughter] megyn: i'm doing great. all right. before we get to the garb and the mission, i want to talk about the case. we have videotape of you. there was a report by one of your, one of your minions who goes out there and looks for crime that people were beating up a couple of guys. two men were being assaulted. so they called you, the superhero, to the case. you go and unleash the pepper spray. but, phoenix, i've got to say, it looks like the person who fought back got the better end of the deal. what was this woman doing to you who was chasing you off the scene? >> actually, you know, she was hitting me over the head with a shoe. but, um, you know, i had to make a choice at that moment. it's, like, do you want to pepper spray women or push girls out of your way, and that's not the way that i do things. i think it's inappropriate. so i just made the choice to let her hit me. megyn: and that was your sidekick, the ghost. what happened? you basically get the call from people who scout for crime for you and say, phoenix, get down here to the corner of, you know,

first and madison x then you un-- and then you unleash pepper spray? >> no, i go running in. i'm actually yelling call 911 to my guy. i start yelling at people to disperse. one guy is causing the most damage, and i hit that one person with pepper spray. and from there -- [laughter] the women and everyone else seems to get pretty angry with me, and then they come after me. they were never pepper sprayed. then the thing kind of disperses for a little bit, and you think it's over. we're waiting for the police to arrive, and then that's when the other subjects come back and try to attack me for the second time, and that's when i pepper sprayed the guys who were trying to attack me. megyn: not for nothing, i'm just curious, why are you wearing that costume? [laughter] >> it's a costume that i wear when i fight crime. it's my supersuit. it's bulletproof, it's stab resistant. i found out it's pretty shoe resistant. [laughter] megyn: but why?

why do you do this as a superhero? >> um, i think you have to draw anticipation to the fact that crime's -- attention to the fact that crime's not okay and there's people running around out of control. and the only way i could think of to draw attention to the fact and not look like i was going to do something bad, i took an image that meant something to me, i took the image of a superhero and made it my own and went out there and stopped crime. megyn: do you have a signature line that you shout out when you arrive on scene? is. [laughter] >> no. it's not really like a comic book. megyn: you need one, right? like never fear, phoenix is here, something. >> nah. i feel like just, you know, assessing the situation, coming in the with the best game plan is always the best thing to do rather than yelling out tag phrases. megyn: i love that you got into this because something bad happened to your son, and you said i'm going to teach people -- in your words -- that the average person doesn't have to walk around and see bad things and do nothing. all right, phoenix, stand by

because i want to bring in our legal panel to weigh in on your case. criminal defense attorney joey jackson. get rid of me, they don't want to see me. put phoenix on here. [laughter] okay. i want phoenix and our panel. joey, let me ask you, somebody who has handled many criminal cases, how -- what do you think? should the da who is considering charging phoenix with assault for the pepper spray, should he go ahead and do it? >> well, here's the problem. and, listen, phoenix, i love what you do, i think you're a cage man, and we want to see you around for a long time, and it's for that reason that you have to stop doing it. [laughter] number one, t a deterrent effect. what the prosecution wants to do, look, you don't have adequate equipment, there's a training issue, and there's the fact there's not legal authority to do it. furthermore, there's always the problem that could get worse, and that is people could misconstrue intentions, it could escalate the situation, and it's for that reason -- megyn: wow, what a killjoy.

>> at the same time, there needs to be some type of assessment done by the da so that other copycats don't come out here. megyn: i'm going to let phoenix respond, but i want to get jonna's take on the case. >> joey, obviously, hasn't represented as many superheros as i have. [laughter] crime is not okay. and when he takes to the streets like that, it's no different than when a guardian angel puts on a green beret. i say it's a-okay. mace isn't going to kill anybody, and he didn't use it unnecessarily. megyn: here's what i'm going to do, this is a true kelly's court first where i am going to allow you, joey, our fake prosecutor, to ask a question of our real-life defendant. jonna, you will be able to rehabilitate him on redirect, and that is going to happen right after this break. [laughter] don't go away. [ male announcer ] you love the taste of 2% milk.

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megyn:ing and so the legal question is whether phoenix jones, superhero, ought to be charged with assault for trying to stop a fight using pepper spray. joey jackson, i'll give you the opportunity to ask one question. >> phoenix, sir, we respect what you do, but would you agree with me when you interject yourself into a situation, it can escalate? there are ways you can serve your community, is that right, sir? maybe running for congress, being in the military, joining the police force. but being a superhero, phoenix, is that the best way that you can serve your community? i'm done. >> yeah. actually, i believe being a superhero is the best way i can serve my community, and i wanted to say, one of the things you said is the da needs to charge me based on the fact that other

people might run around and do this recklessly. i'm not doing it recklessly, and we should look at the facts of my case; the police report does not match the video, the evidence doesn't show i excessively pepper sprayed anyone, and i haven't done any crime. but i really appreciate your stance, so thanks. [laughter] >> amen to that. megyn: jonna, would you like to rehabilitate your client? >> phoenix jones, are you any relation to indiana? [laughter] >> no relation to indiana jones. and, um, i want today thank you very much for your defense of me, and i also wanted to point out, you know, if i feel like someone's in danger, i know there has to be a citizens law that says i can run out and help people. and i didn't escalate the situation at all. if you watch, this was a bunch of people attacking one man, maybe another man, but it was at least six on two. there's no way to escalate that. that didn't escalate at all. and after the event was over o, they restarted a new event by attacking me a second time. there's no way i'm going to be

charged with a crime, and the da office really, um, you know, they really don't have a case. and can thanks -- >> phoenix, even though i prosecuted, if i need you, please, come to my rescue. [laughter] megyn: phoenix, is it true that at the end of the court hearing you tore off your dress shirt to reveal your costume? >> it's black and gold. yeah, i was wearing my super suit. they were charging phoenix jones because i'm phoenix jones. if i was a regular person and i had regularly pepper sprayed someone in a fight, they would have shook my hand and sent me away. so i wore the suit because that's what this was about. it was a double statement. megyn: final question, got to go quickly. the question is, will you continue to patrol, phoenix? >> absolutely. saturday, 10:00, first and pike. i'm starting a patrol. anyone can join me. i'll see you guys on the streets. megyn: i want to tell our seers, e-mail says, god bless this guy, we're 100% behind this hero!

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