rox to manage their global publications. so they can focus on building amazinbikes. with xerox, you're read for real business. greg: have yourself a great tuesday,. jenna: "america live" starts right now. megyn: fox news alert on the 2012 campaign. we are awaiting a colorado campaign event for president obama as he fights to get ahead in a state that he won by a 9 point margin less than three years ago. how times have possibly changed. welcome to "america live," everybody, i'm megyn kelly. think back to august 2008, then senator obama appeared at a stadium in front of fireworks and more than 70,000 screaming supporters to accept the democratic nomination for president. it is also where the president returned not many months later to sign his 800 billion-dollar stimulus plan into law. today a very different story. a president struggling with record unemployment, sky high

tkegt and sinking poll numbers. two months ago in a poll from partisan democratic polling firm, ppp the president was up against a dismal 45% approval rating in colorado, look at that 50% then disapproved of the job the president was doing. our chief white house correspondented henry is with the president live in denver now,ed. >> reporter: good afternoon, megyn, it's going to be very hard for the president to replicate the victory over john mccain in this state. bill ritter has been saying in recent days it's going to be an uphill climb for the president. as you laid all it out the president had the stars aligned for him in 2008 with the democratic convention in denver. now it's going to be very, very difficult, that is why he's spending so much time here. we were here a couple of weeks ago. he spoke at a hispanic high school in the denver area hispanic voters can be critical in this case. the president as you noted

signed the stimulus here, very early on, the first hundred days in 2009. i just came back from the spot where the president signed that stimulus, the denver museum of nature and science. talked to a lot of voters outside the museum, how they feel two and a half years later. some say look, his fans say bottom line is if he had not signed the stimulus we might have got into aggression. there are others who criticize it, say it was not as good as advertised. one voter said, all that is in the past, more importantly is what is going on right now. the voter said he's concerned about the president doing an end run around congress, the new message reheard yesterday, we can't wait. the president today is going to be pushing forward on a veteran's employment matter, move some money around on that, go around congress on that. yesterday it was about this refinancing plan we've been talking about in las vegas where the president had this message. megyn >> i told my administration to keep looking every single day for anxiouses we can take

without congress. steps that can save consumers money, make government more efficient and responsive and help heal the economy. we'll be announcing these executive actions on a regular basis. >> reporter: look, i just spoke to one democratic over at that museum where the president signed the stimulus who says, look we need action right now, people are still hurting, unemployment is as bad in this state as it is in many states around the country. she says if the president has to go around congress fine. the republican voter i was talking to said the opposite, we elect members of congress to be a check and baseball on the white house. if the president is going around the congress they are concerned about it, megyn. megyn: thank you. in south carolina presidential candidate and texas governor rick perry unveiling his tax plan today. he says it will cut taxes, spending, and balance the budget by 2020. the plan would also allow americans the option of either sticking with their current income tax rate or choosing a 20% flat tax on their income.

and he says that is not all. >> you know the size of the current code is more than 72,000 pages. that's represented by this pallet right over here and the reams of paper. that's what the current tax code looks like. the best representation of my plan is this postcard. this is the size of what we're talking about right here. taxpayers will be able to fill this out and file their taxes on that. [applause] megyn: it's a good visual. governor perry went to south carolina for this announcement in part because its thefirst in the south primary state and the place where he launched his presidential bid. it comes as he tries now to regain his frontrunner status, although in the latest pole is down at 6% right now trailing significantly behind romney, cain and others. also on the campaign trail,

herman cain taking a new lead in the republican polls but it is a new cain web ad that is making the headlines today. have you seen this? the video which surfaced on the internet is being described as weird, strange and bizarre. it features his chief of staff tossing out a few lines from the camera and taking a drag from a cigarette. coming up we'll show it to you. and mr. block will join me live to respond to those who are criticizing it and him. there is a developing story in washington today attracting a lot of attention from critics on both the left and right side of the political spectrum. the department of justice is looking to make changes to how it needs too respond when it gets a freedom of information act request from somebody like you, a taxpayer, or a judicial or government watchdog group. right now the government already has the right to deny requests that are made from people who want to make documents public, but if it gets its way this new

rule would allow agencies like the department of justice to out-and-out lie and tell the person seeking the documents that they do not even exist when in fact they do. shannon bream live in washington on that one, shannon. >> reporter: well, megyn the doj tells us today the practice has actually been used for a longtime, it's nothing new it's an internal policy under the guidance of the attorney general since 1986, but it's never officially been cod tpaoeud as a federal regulation, and that could soon change. most americans are familiar with the freedom of information act it allows anyone to request documents on a wide array of topics. the new proposed rule from the department of justice will allow agencies to not only refuse to turn over relevant information but to lie about its very existence. under current federal law there are a number of situations in which agencies like the doj are allowed to refuse to release requested information, things that involve certain on going criminal investigations or matters of national security, that makes sense. here is the relevant portion of

the proposed rule which critics say adds onto that and goes a step too far. here goes. when a component this is somebody who is replying to a request applies an exclusion to exclude records from the requirements of the foya pursuant to the federal law the component utilizing the exclusion will respond to the request as if the excluded records did not exist. the ac lu and a number of other groups objected to that. the doj took an unusual step, reopened the comment period on this proposed regulation and allowed the groups to weigh n. the aclu wrote this. quote it will dramatically undermine government integrity by allowing a law to design public access to government information to be twisted, to permit federal law enforcement agencies to actively lie to the american people. that's the accusation coming from the left. now that the comment period is closed doj officials tell me they are considering all the comments they got and the final version of the regulation will likely be issued by the end of this year.

megyn. megyn: shannon let me get clear what you said in the introduction to your piece. the doj are claiming that they are already permitted to out-and-out lie in the way they are seeking permission to to right now, they claim it needs to be codified. >> reporter: that is the case. megyn: why is the aclu so upset if that is true? >> reporter: the aclu says, even if it's been a part of policy it's never been a part of the law and part of these regulations. if you're going to give it that force of law, something much more important than an internal legal memo, even something coming from the attorney general as you know that doesn't have the force of law. if you codify it it goes to a whole different level and gives them all kinds of rights to enforce something that up until now basically stemmed from a legal memorandum or opinion, not something that was in the law or a regulation. megyn: thank you. this seems like a controversial move from an administration that promised the most transparent white house ever. we'll discuss what all of this means for the public and the feds coming up. new questions today in the

disappearance of missouri baby lisa irwin. reports claiming that a cadaver dog got a hit in the mother's bedroom, you heard that. but the family attorney says that scent could be decades old. and she points out that the police did not remove that carpet from the master bedroom. we had our own trace gallagher do some digging on this. he's live in the west coast newsroom with more. >> reporter: and we did our own investigation, megyn about that cadaver dog, that dog picked up the scent of a deceased human on the floor of the parents home near the bed. we checked and the accuracy rate of cadaver dogs is about 90%. as you said the lawyer said that house is 53 years old, it was built in 1958 and that could have been there for decades and we asked, and the answer is yes it could have been there for decades the dogs would still pink it up as long as there was still blood, tissue or bones in that area. then we asked, well could the dog pick up the scent of a dead

body only there for a few minutes? and the answer again was yes, not the scent of the dead body, because that goes away after a few hours, and remember, this search was two weeks later, but if there was some body fluid from the baby in that area the dogs would be able to pick that up. now look again at the list of what they took out of this house. we're talking about a multicolor comforter, purple shorts, a multicolored disney character suit, a glo worm toy. a car blanket, rolls of tape and a tape dispenser. no carpeting, no sheets, no blankets, no flooring. i talked to a kraoeup a crime scene investigator who said she cannot think of a reason why they would not collect that stuff. >> they know there is evidence there and they don't know how to collect and preserve potential fluid evidence, potential trace

evidence, and things like that, then there is not a good excuse for that. >> reporter: not a good excuse. police by the way won't comment on what they got, or why they are not looking further into the evidence they did gather, megyn but it brings up a very good question as to if in fact they believe that dog hit was legit, why they didn't pull all of that stuff all of there and keep it as evidence. megyn: one does wonder when you look at the search warrant they said an f.b.i. cadaver dog was brought into the residence and got a positive hit on the scent of a diseased human on the floor of the bedroom of badly's bedroom. that's the mother, deborah badly. they said on the area of the floor near the bed. it looks like there was wall to wall carpeting, i'm in the sure of that. there could be exposed floor where the dog got the hit. right now we don't know. >> reporter: no, we don't. that is the whole question here thank you. megyn: thank you so much, sir. >> reporter: yep. megyn: herman cain gaining new

momentum in the polls. is this image from a new web ad that has a lot of people scratching their heads today. what is his senior campaign manager really saying and doing in a new ad that has now gone viral? we'll ask him when he joins me live three minutes away. it sounds like something out of a hollywood screenplay. the man you see in this surveillance video may be stocking women who are part of a sorority more than 25 years ago. and president obama unveiling a new housing plan he says could help homeowners across the country. but this is the administration's fourth major effort to solve this crisis. so how is this plan any different? we'll investigate just ahead. >> that old hope poster is fading. it's getting dog ears around the edges there. but i just want to remind all of you that we never said this was going to be easy. we never said that change was going to happen overnight. i habe a cohd.

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megyn: the herman cain train picking up new speed on the campaign trail. a new cbs-new york times poll shows herman cain leading mitt romney with 25% of the vote, mitt romney trailing at 21% although that is in the margin of error which is 4%. gingrich is a distant third, 10%. perry down automatic 6 a at 6. a couple of weeks ago romney and herman cain were tied for first. cain ahead of him. a couple of weeks ago cain was alternate the bottom of the poll. he is attracting attention with his latest contribution and online advertising. watch this. >> we need you to get involved, because together we can do this. we can take this country back. ♪ i am america, one voice united we stand.

i am america, one voice -- megyn: joining me now the man behind that ad in that add mark block, herman cain's chief of staff. mark, thank you so much for being here. looking at the response to this ad online people are calling it brilliant, they are calling it strange. there is a piece in the atlantic it says it's a mading given the momentum cain has had that he seems so unserious of getting the nomination. people don't know what to make of your contribution. what was the message behind this? >> thank you for having me on, megyn. the message behind the ad was to our supporters that we're on a roll, we are excited about what is happening. there was so subliminal message. i personally would encourage people not to smoke, it's just that i'm a smoker, a lot of the

people on the staff said, just let block be black. that's what it was all about. to tell people that the cain message is resonating across america, whether it's 9-9-9 or the new opportunity zones rolled out in detroit last week, the campaign is on a roll and the momentum is with us and we want people to get involved. megyn: were you trying to appeal to, you know, folks who are out there living real lives, working the farm, working in detroit, that kind of thing as opposed to the east and west coast elite, people in media circles, who shun smoking, and, you know, sort of real american things? >> i tell you, you walk into a veteran's bar in iowa, and they are sitting around smoking, and, you know, yeah, we are resonating with them. i'm not the only one that smokes in america, for god's sake, it's a choice that i've made, and it was at the end ever the ad. but the real message that we're trying to get through was the

cain train is on a rofplt an roll. and we encourage people to go to herman cain.com, get involved. help us take this country back. i think the cain message is resonating with main street america and it's obvious by the poll results. megyn: it is resonating, i think you're right and the poll results speak to that. but the question we keep bumping into is where is his organization? they are saying that in key early states -- there goes my mike pack. like new hampshire, florida and south carolina that the folks on the ground don't even know who is responsible for his campaign efforts. the gop operatives don't even know who to contact if they want to help the cain train. what do you make of that? >> first of all it's a people's campaign. this is grown organically from the ground up. we have operations in iowa, we have offices and staff in iowa, new hampshire, south carolina. we just opened up florida. we are going to be opening up michigan, arizona and the other key states. so obviously people have not

went to our website herman cain.com to see where we're located. it's very easy to get involved with our campaign. either call our national office in atlanta are or go to our website. megyn: i know you describe herman cain as a candidate america has never seen. what does that mean? >> it means that he is not a typical politician. he tells you the way he sees it. he has answers, not just complaining about the problems, solutions, and has bold plans like you saw on 9-9-9 and the opportunity zones rolled out in detroit. you'll see a lot more of this. of herman cain in the next two months. megyn: how do you feel that you're shooting to superstar come yourself. there you were just chief of staff and now you're an international celebrity. >> it's interesting. it goes to show that four years ago before the citizens movement or the tea party movement or the power of the internet that a

gentleman like herman cain could be at the top leading in the pollings. it shows only in america can this happen. megyn: mark it's a pleasure meeting you and talking with you. thanks so much for coming on. >> thanks for having me. megyn: all the best. the parents of baby lisa irwin speaking to reporters for the first time since they sat down with me almost ten days ago. they are facing allegations now that someone may have bought their silence? we'll explore that and we'll show you what deborah bradley's response was in her own words. plus, the search for a rapist who police say is targeting former members of a college sorority. it sounds like something out of a movie script but it is frighteningly real. thgetting rid of an atomic bomb the size of a minivan. what makes scottrade your smartphone's

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megyn: nuclear scientists are carefully disassembling the last of america's most powerful nuclear bombs. the b53 is being broken down near a plant near amarillo, texas. it is the only facility that can handle the job. here is why it's so tough. the engineers who have designed this thing have all reportedly passed away. the dismantling crew is learning as they go. b53s are about 600 times as powerful as the bombs dropped at the end of world war ii. they are designed to destroy

bunkers deep underground. the b53s were put into service at the height of the cold war 50 years ago. the u.s. gives egypt more than $1 billion in aid every year. what exactly does that investment get us, since egyptian president hosni mubarak was driven from power. there are serious concerns from our state department. leland vittert is streaming live to us from cry row. >> reporter: many people, megyn right now would tell you that egypt is quickly becoming a lawless country. the army went from being just that, an army to suddenly having to run the country and also keep "law & order" here, something that they were never really trained to do, and inside this gaping hole that has been created here in egypt there are very scary folks filling the power vacuum. within hours of a christian street protest starting more

than two dozen died, some shot by the egyptian army, others ran over by tanks. it took a call from the u.s. defense secretary before the egyptian army would move in to protect the israeli embassy in cairo from an angry mob that came within minutes of killing six trapped inside. and the desert is now a safe-haven for al-qaida and palestinian militant groups to launch attacks, including a bus attack that killed eight israelis and injured more than 40. >> if you want to be popular you have to show you're antiamerican and antiisrael. >> reporter: they are trying to keep their citizens busy with something other than protests. >> it shows how unsettled we are and we are unable to cope with our situation. >> reporter: this billionaire tycoon says the election scheduled from a month from now don't look promising. what does the future look

like in? dim, ba like? >> dim, bad. >> reporter: much of the aid comes in the form of military hardware. phelg meg as the elections come in november you can imagine what happens if as he predicts an 80% chance of a islamic hard line taking over, they then have all of that u.s. military hardware. back to you. megyn: thank you. the president yesterday unveiling his fourth major plan to help struggling homeowners. but is this latest proposal really different than what we've seen before? we'll investigate after the break. a tradition turns into the hayride from hell. dozens of people left injured. we'll tell you what cops say is to blame. the elderly woman who says she was roughed up by nasa agents over a spec of moon dust. was it a giant leap gone wrong?

>> it's one small step for man, one giant leap for mankind. look, every day we're using more and more energy.

megyn: it sounded like -- sounds like a hollywood b movie released in time for halloween. it is frightening real. police in texas releasing surveillance video of a suspect in a string of rapes. he's targeting women in their 50s and 60s that were all

members of the delta sigma theta sorority in college. >> reporter: they say thinks not random and members of the sorority should be on guard. the suspect went to great lengths to conceal his identity but was caught on one surveillance camera. he is described as a black male weighing between 250 and 300 pounds. 5'7" to 6 feet tall with short hair or a shaved head and a distinctive swag tpher his walk. all were attacked in their homes while sleeping. all were black people nails their 50s or 60s all members of a delta sigma theta sorority. >> we haven't got evidence to support the fact that this group is being targeted, but it's our belief that they are, and we want to approach that and address our concerns to this

group, so that they can better protect themselves. >> reporter: members of the delta sigma theta sorority are being told not to advertise their affiliation. they should stop wearing the hats, shirts and pins with the insignia. they should stay with friends until this is resolved if they are alone. they say we encourage members to be alert, aware of their surroundings and call the police if they see anything suspicious or feel threatened. anyone with any information is being encouraged to call crime stoppers. the goal is to stop this guy from attacking anyone else. megyn: rick thank you. rick leventhal. new questions today about president obama's new plan to fix our housing crisis. right after the president took office he vowed to help homeowners. since then there have been four major housing plans from the white house. the president has proposed 50 billion in planned spending. just over 2 billion has actually been spent.

now a quarter of homeowners are underwater, meaning they oh mo owe more on their home than the home is actually worse. leslie marshal is a sinned ka dated radio host and a fox news contributor. and lars larson is a syndicated radio host. what makes this different? it seems from what we read that the president has loosened the reigns on financing but sounds good in theory, lars but isn't that how we got into this mess? >> that was the comment i made when i first heard about it. this is a house you probably can't afford but we'll make it possible for you to get in. i have to credit the president in this plan, you say these are the people that have to be current on their payments or at least make the last six. if they are current why does the american taxpayer have to help them out with more?

i think it's limited to fha mortgages. that will be about one million in theory. if this one spends the money as slowly as the other three or four have it won't be much help to very many people. megyn: isn't this just going to punt the problem down the road? if i'm underwater on my mortgage and the government allows me to refinance, and i sell the house it's not like the government has changed my negative equity. the bank is going to wind up covering that when i sell my house or i'm going to find some really stupid buyer who pays way more than the house is worth. >> i don't think there are that many stupid buyers right now, at least here in los angeles where i live most of the homes are up side down, mine included, because so many people have either had a short sale or a foreclosure. the bottom line here is, lars i've got to correct you, it's proximate plea 10 million american who have freddi

freddie mac or fanny mae-backed loans. the bottom line is the bank says even if it takes us ten years to sell this house, even if we make five bucks more by keeping americans in their homes that's what they'll do. the president is encouraging those, like i was just a year and a half ago current to stay in their homes by having a retpaoeu or modification and the banks are not allowing that. if the president is easing up, i know i myself use that extra money as a consumer, not just pay down my debt. megyn: there is no question it's going to help some people and put more money in some people's pockets. the question is whether that is found fiscal policy. lars, you know what easy limb naturing now is appraisals, you can get it without a rigorous credit or income check. >> which is the way we got into that problem. >> i'm underwater in a mortgage i've got down in virginia. i got that mortgage because they did not do a rigorous credit or income check. i was not making any money. i couldn't afford the house that

i got it. countrywide was giving out mortgages like candy. i'm underwater in that home. i'm working and paying the mortgage. a lot of people will be in the position. they won't have the credit checks and they are going to get refied. >> exactly the way we got into this by ninja loans. this is foolish fiscal policy. if the person is making their mortgage why does the american taxpayer have to help them out at all? if they can't afford the house they need to do the short sale now. the more we hold off doom and gloom until it comes two or three years down the road the more we keep the system from selfcorrecting. the marketplace is smart, the government is usually stupid. megyn: on the other hand, leslie the reason the president has found himself in this position among others is he tried to help struggling home loaners and encouraged the banks to make all this lending possible. the banks held onto the dough. they tight end up the standards for lending, that's why the

housing market which has been at the heart of the meltdown hasn't moved much at all. >> this is the problem i've always had. the majority of americans were against the bail out. it's sort of like you're bailing out the banks but you won't help to bail us out. >> you're in failing of bailing out homeowners. >> you guys on the right, you want less regulations for the banking industry. how can you bail out the banks and say, hey by the way, just forgive the debts, the balances that these homeowners have. there are two problems to that. one you don't give them the money and say, okay you can't collect the funds from the people who pay mortgages, two we don't want to send a message that any of us that receive funds myself included, for homes that we should not have bought that are out of our means and lesion financially we don't want to say hey, let's go out and do that, that's the american way. we need to send a different message. i think the housing crisis should have been addressed by the president earlier. megyn: some democrats in particular are saying the president's plan does not go far enough. he needs to do more in

particular to rectify the underwater situation so to try to give -- make people even on their underwater mortgages. so somebody like me who i will admit i bought a house which was above what i really should have been buying that they would now erase that negative equity and say, kelly it's like it never happened. you are all good on your equity, that's rather controversial for them to do that for millions of homeowners. >> no, see it doesn't make sense. here is what makes sense. you know how to get the houses out from underwater, get the economy moving again, get people to afford houses. there is an easy way to do that. shut the epa down so it stops killing jobs. get our trade going again. start drilling for oil again. get america back -- megyn: is that what it's going to take? that is a lot for people trying to sell their homes. you have to get rid of all the regulations and drill for oil, then i'll be good and i can put the house on the market. >> it's all the epa's fault, that's it. the reason i have a mortgage i

can't afford is the epa. megyn: leslie, lars thanks a lot. >> you bet. megyn: it's been almost five months since florida's governor signed a controversial measure for drug testing welfare recipients. we now have a major court ruling on that. the parents of baby lisa irwin now speaking to reporters for the first time since they sat down with me almost ten days ago. in three minutes lisa's mom offering a new explanation for why she has been so quiet. plus, some couples worry about rain on their wedding day, but these newlyweds never saw this one coming. ♪

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megyn: the parents of a missing missouri baby lisa irwin are once again speaking out. deborah bradley responding to accusations that they the family are somehow getting paid now to keep quiet. watch this. >> is it true that you're getting paid to avoid local

report stphers. >> not at all. >> why won't you talk to us? because we're grieving. megyn: because we're grieving. the police have accused the parents of harming their daughter but are pursuing other leads, also a possible kidnapping. bill stanton has been working with the family. bill, thank you for being back here today. let's start with trace gallagher's report at the top of the hour where he talked to a cadaver dog expert who confirm the police' allegations that a dog would still be able to detect the scent of a decomposing human being even if it was only a couple of hours they say that a cadaver dog got a hit inside the irwin's bedroom? >> that's a very tough question. i believe what they are saying.

i just don't believe it happened as they are inch ta maying it happened intimating that it hap. megyn: that it was another body. >> i'm not disputing the f.b.i. or the police department. knowing the timeline, walk it through with me. she's in bed with the boys, or one of the boys, and by accident she kills the baby, and she, what, places the baby on the floor, pacing back and forth, not waking the kids up while she concocts some grand scheme to hide this child to mystify us all? i'm not buying it. megyn: i want to say this out right. i think you agree with me. we don't know what happened. >> that's right. megyn: i'm being very careful, and i know you are as well not to rush to judgment. an intruder could have this baby right now. we want people to stay on alert looking for this baby. also it is possible that the parents did something to her. >> as you know we spoke. if i find compelling evidence as to the parents i'm going right

to the pd and i'll hand that right over. megyn: your client is the truth, you are helping the benefactor. >> that's correct. megyn: who does not have a dog in this fight. >> the only one is to find that child or find the person or persons who did this. megyn: why isn't it possible that perhaps the mother was drunk, perhaps the baby was fuss see. the mother told me she likes to go to bed immediately when she is drunk and maybe she shook the baby or got the baby to stop crying. maybe the mother panicked, had some more wine. maybe she got rid of the baby, maybe she wound up back in bed with her son ultimately. >> absolutely, megyn, this is what we do. america is doing this. trying to block this out, and go back and forth with the different scenarios. let's take the scenario, believe me i've been over it for hours with me and my team, then how did she do it? did she roll over on the baby? megyn: shook the baby? >> let's say she shook the baby, what time? megyn: we don't know.

>> we have a timeline. she goes to bed at 10:30. megyn: she aid she last saw her at 6:30, so 10:40 or after. >> the lights go out we have witnesses that say at 11:30 the lights were out in the house. did she do it in the dark at 11:29. megyn: do you really believe the lights were out in the house or do you believe they were out and the intruder turned them on? >> yes. megyn: here is the reason i have rean to doubt that. jeremy who irwin told me when he came home and the lights were on that the little accent lights in the office were on. the little light that was inside the pumpkin was on. you're telling me the intruder came in and turned on the little pumpkin light? >> we can go back and forth on that. the main thing is did mom do this mistakingly to the child? and if she did, did she do it in silence, shake the baby, kill the baby, hold it together, not call anybody for help and then dispose of this child. megyn: if the baby was dead, you

know, i agree, if the baby was hurting anybody would have called. but if the baby was dead -- i'm not saying she did it. thinks all theory. >> let's say she did it in theory. she puts the baby on the floor right next to where the boys are sleeping. megyn: maybe the baby fell, maybe she is shake being the baby the baby fell. maybe she was rolling over on the baby, she is drunk. >> let's take that for instance. what does she do then. megyn: she panics and gets rid of the body. >> how? megyn: puts it in a dumpster, in the river, some place. >> i can't come up with an answer. that's why i'm looking outside of the home. megyn: evidence has been developing that will help the family on the score if in fact there is an intruder. three sightings of a mystery man. at least the first and the third of those the witnesses place the man with a baby wearing just a diaper. >> just a diaper.

this is chilling. megyn: just a diaper is the most important part, because you could be somebody walking with a baby but just a diaper. >> on that night? in a linear line from the home? megyn: it was 54 degrees according to janice dean during those hours, 50, 54 degrees. who would have a baby out in just a diaper. >> i will tell you one of your contribute erts contributors, i won't name him. he said maybe he was holding a smaller man. unless it was mini me. >> he said he it was 150 pounds, 5'7", wearing a t-shirt in 50-degree weather. >> that is chilling. let's keep an eye on the family granted. let's go over the theories like you and i were. the fact that there are three independent witnesses kaob pwraeugt thcorroborating the same intel, come on. megyn: it has to give you pause. all the aspects are worth considering because there is a beautiful baby girl out there who may need our help, i don't know. bill you've been on it from the

beginning, and you know your client is telling the truth. >> i want someone to collect the hundred grand. megyn: for the safe return of little lisa. a down on her luck widow sells her husband's mementos, and nasa cracks down on her. is a complete multivitamin for adults. plus an excellent source of omega-3 dha in a great tasting gummy. one a day, gummies for grown-ups.

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megyn: if you're not in front of your tv come over and get in front of it. you've heard of weddings washed out by rain. watch what happens as an arizona couple is exchanging vows outdoors and a dust storm descends on the bride and groom. within moments they are eating a mouth full of dirt. the judge carries on. the groom says he was thinking, let's just get this over with. look at this. yoyou can barely see them. wishing the newlyweds a lifetime of happiness once the dust settles. then there is this out of ohio, hayride turned her or show.

tkofz people are recovering today after a trailer kraeuring them overturnkraeuring them overturns this ohio and the driver finds himself in court today. >> reporter: they hook the wagons up to a tractor, everybody jumps in the wagons and they go bar hopping. the whole thing was sponsored by a local bar. but it turns out the police say the guy who was driving the tractor was himself drinking. this is dash cam video. he gets up there, you can see there by the time they get there 28 people had actually fallen out of that wagon because the tractor went offer the road, and there were mostly bumps and bruises and broken bones but two brothers were seriously hurt and had to be airlifted out of there. several people called 911. here is one of the calls. >> i'm in sandusky, and the hay wagon flipped over. and there were a bunch of people

in it. >> is anyone injured. >> i don't know there are people screaming. we need somebody here. there are a lot of people. >> okay. >> reporter: the driver of the tractor, he refused to take a bet hraoeuzer. he was in court today, pleaded not guilty. his wife, by the way was also arrested because she was accused of trying to hide the beer bottles once the cops arrived at this hayride, bar hop hayride. megyn: that never works. trace thank you. >> reporter: it never works. megyn: new developments next on what critics say is a justice department move that would allow our government to lie, straight out lie to the public seeking documents, without any fear of legal fallout. is that a good idea? plus, moon dust bust. the elaborate mission pitting a granny over a speck of dust from space. dr.~conrad murray's team looking to shift the blame now for

jackson's death to the singer himself. can they make that case? "kelly's court" takes up the argument today. >> what did you hear michael in the background saying? let me tell you about a very important phone call i made.

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you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: hot from the race for the white house. a new solution to america's tax mess. brand-new hour of "america live." i'm megyn kelly. the governor of texas unveiling his proposal for fixing the economy down in south carolina today. rick perry releasing the details of a 20% flat tax that you could choose instead your income tax. >> the way to stimulate the economy is not to through temporary tax relief or government spending. it's to stimulate private spending through permanent tax

relief. the flat tax will unleash growth but growth is not enough. we must put a stop to this entitlement culture that risks the financial sovereignty or solvency of this country for future generations. megyn: jim angle live in washington with more. report very governor perry was swing. >> reporter: governor perry was swinging for the fences. he's proposing sweeping changes in taxes and spending including a balanced budget by 2020. the centerpiece is a flat tax of 20% for corporations anddual. individual. for those who squeamish abouteaping iaew system veor perry would allow people to chooselatax o the oldystem. >> reporter: each individual taxpayer will have a choice.

you can opinion to pay taxes as well as the accountants and lawyers under the current tax system that we have got or you can file your tax on this postcard with the deductions on there for interest on your mortgage or charitable giving, saint local taxes. >> reporter: obama campaign aides say city would shift a greater shaffer taxes away from corporations and the wealthiest onto the backs of middle class. but supporters say offering a choice and exemptions makes clear that is not the case. >> a family of four would have to make a good sum of money before they get hit with the flat tax. it's a tax cut for most people why not a tax increase. >> folks get to choose. so this wouldn't impact a huge amount of americans. it would probably stay the same.

>> reporter: he would end taxation of income from social security and he would allow younger mayor cans into vest part of their social security taxes if they wish. he also talked about means testing, making the wealthy pay more and get lessor both and raising the eligibility age in medicare to reflect longer life spans. economists say it offers big benefits. >> it will help firms create jobs for folks currently unemployed. it will make poor people better off because it will give them an economy of that's a good one to look for a job in. >> reporter: perry did not talk about the ref knew of implications but he says he will aim for a balanced budget by 2020. megyn: if you missed any of the details of jangle's report.

governor perry's entire tax plains on our web site foxnews.com. check it out. the obama reef election team already critical of perry's plan. they say it's shifting a greater shaffer taxes away from large corporations and the wealthiest onto the backs of the middle class. the president hit a new low for an approval rating. 18% strongly approve of the president. 44% disapprove. -- 54% disapprove, 44 per strongly. the former dictator moammar qaddafi was finally buried. he was laid to rest in a secret location after his body was put on display in a freezer in a

shopping mall. there are concerns that the ousted libyan dictator was executed by his captors. we saw the video what appeared to be an alive qaddafi being transported from the site where his convoy was hit. libya's interim leader promised an investigation. with qaddafi out of the picture the spotlight turns to syria. there have been months of angry protests and reports that thousands of protesters have been killed. word today that some wounded demonstrators are being beaten at the hospital. and amid all that violence there have been threats against a key american envoy in syria prompting our state department to pull our ambassador robert ford out of the country. reena ninan is following these developments. >> reporter: security forces have been given a free rein in

hospital. the climate of fear in syria published about it amnesty international organization. this tactic of beating up on patients in hospital is an effort to try and crush the opposition. accord together report at least four state-run hospitals, there were wowrnlded patients who faced torture or even bad treatment from hospital workers. one doctor at the military hospital told amnesty international, they saw four doctors and 20 nurses abusing patients. one 28-year-old patient said a doctor told him i'm not going to clean your wounds. i'm waiting for your foot to rot so we can cut it off. that's forcing them to go to private clinics or not seek treatment at all. the protesters are trying to bring the al-assad regime down. all this has been happening since middle of march. since then more than 2,00

protesters and security forces have been killed in those clashes. the tint view with "the washington post," king abdullah of jordan said that nobody has an answer to the situation in syria. and that he expects the violence to continue. megyn: reena ninan, thank you. a brand-new tool to fight america' so-called third war south of the border. the texas department of public safety is teaming up with ranchers asking them to buy and install private security cameras to help protect the border from mexican drug smugglers. the cameras will be closely monitored at texas' command center. >> reporter: the border cameras in general are not new. but here is what's different about these cameras. there is not a live video stream. instead, the caras only go to

when something triggered the sensor and within seconds that image is sent here to confirm whether it's illegal activity. 250 miles north of mexico at a command center in austin. >> we had hits two days ago, four days ago. >> reporter: a steady stream of images show how well the border cameras are working. >> we move them consistently. >> reporter: once an image is verified an email alert is sent to the border patrol. >> we are providing the images so they can make the best choice to respond to criminal activity. >> reporter: with 20 cameras hidden in several counties in south texas officials arrested more than 130 illegal immigrants. >> it's just the tip of the iceberg. >> reporter: some of these

pictures were snapped 70 miles north of the border. vickers who carries a gun when he's out on his property has taken his own pictures, proof of what he call as bloody war. >> there are desperate people coming in here from all over the world and they are getting through here undetexted so these cameras are a must. >> reporter: those cameras cost about $300 each and the state plans to add 400 cameras border wide within the next few months. megyn: candidate obama promised the most transparent administration in history. but now the rules may change, allowing uncle sam to legally lie to the american public. we'll investigate right after this break. plus, she says neil arm strong gave her husband a piece of the moon. wait until you hear what happened when she tried to sell it 40 years later. people flock to see the

commander-in-chief when he's in town. but some democrats may be shying away from president obama on the campaign trail. what does this mean for him? what makes scottrade your smartphone's

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megyn: todaymatic pictures of a 2-week-old baby girl pulls alive from a massive pile of rubble in turkey. look at this. look at this. this tiny baby surviving 48 hours under an apartment building that had collapsed during earthquake in eastern turkey. rescue workers clapping and cheering as they wrapped the baby in a blanket and hand her to medics. the babies mother and grandmother were also pulled from that pile of crushed concrete and metal. hundreds or perhaps more are feared dead. more now on one of our top stories from the last hour.

a proposed rule change that would allow the government to lie. flat out lie about public records it does not want to release. the idea has conservatives and liberal critics alike fuming. when he was candidate obama, now president promised the most transparent administration ever. remember this? >> part of what we need to do is rebuild trust in our government again. and that means being open and transparent and accountable to the american people. that has been a hallmark of my career. transparency and accountability, getting the american people involved, that's how we are going to bring about change. that's why i want to be president of the united states. to make sure that we create transparency in our government. megyn: jay is chief counsel for the american center for law and justice. let's start with the transparency thing. he wants the department of justice to be able to do what?

>> well, basically to lie. to say a document doesn't exist. the freedom of information act was passed in 1966, put into effect in 1967 for the purpose of specifically giving government transparency so citizens of the united states have questions of their government they can ask for documents and receive those documents unless they are exempt. national security issues and other documents are exempt. but there is a specific rule on that. the obama department of justice is saying we can respond saying we feel the information you requested is exempt from disclosure. what they are saying is the department of justice can respond by saying those documents don't exist. that's frankly -- not only does that fall into the face of what the freedom of information act was designed do, that's why you have got groups on the right and left saying how can you authorize the department of justice to take action which is

knowingly false. saying a document doesn't exist? megyn: you submitted these foia requests. when you get the response, there is no way of knowing whether that is not true. if they say the document don't exist. historically we just took the department of justice at its word. there is a good faith thing that goes on. >> of course. the reason you have to have a specific response. when i get a foia request, and the government will say, here is a document, we are redacting certain provisions of it. we have this document before it' exempt from disclosure. i can go to federal court and litigate the lack of disclosure. but when you get a response saying the document you requested doesn't exist. who is going to federal court? we have to presume that the government is actually lying in order to engage in this?

this is a bold move by the department of justice. i think it's incorrect as a matter of policy and wrong as matter of law. megyn: you mention this section 552. this would tomorrow relate to a few select categories of document including active criminal investigations where the subject is not aware he's being investigated. the identity of confidential informants and doj records relating to terrorism. those those three good categories where they can tell prying eyes they don't exist? >> i think you have to say -- one group simply say we think these documents are exempt even if they exist or don't exist. if they exist we think they are exempt. when you sayer not existing you are affirmative live lying. so you have need to say we are not going to disclose the documents, period.

what this is dock is giving the department of justice a free pass to avoid litigation. megyn: there has been a ruling where the judge said the government cannot affirmatively mislead the court. but, jay, shannon breen came on and said the doj is pointing out it was allowed to do this anyway. all they are doing is to seek the legal blessing by change the official law. is that a much bigger deal or not? >> we have the department of justice changing a law passed by congress? why would the department of justice get to do this? the laugh is modified on a legal basis in the courtroom. that's number one. you read the quote from the judge saying you can't mislead us. this is the most intentional mislead saying a document doesn't exist when it does.

to say if it exists it's amendment make nothing comment either way would be one thing. even if they say we are not going to say whether it does or not. it would be dmement any case i could still go to court and say the document is there and i think i'm entitled to it. but when you say affirmatively that the document doesn't exist. what is the impetus to go into court and say the department of justice is lying? megyn: you will have lawyers doing it in every case because they are always assuming it's a lie. this one of the few instances where you have got jay's organization in complete agreement with the aclu. he's the conservative counter part to the aclu. the aclu said this will undermine government integrity and it will allow the feds to actively lie to the american people. that's the controversy. president obama is on the road

again. today he's in california. but in recent weeks there has been one thing noticeably missing from a number of campaign stops. just ahead. are the democratic candidates avoiding the president? an elderly woman says this speckk of moon dust led to a dig dust-up with nasa. lindsay lohan getting ready for her next big project. the 7-figure photo shoot. [ male announcer ] to the 5:00 a.m. scholar.

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megyn: we are getting new

reports about an idea to help cut federal spending by getting rid of $1 bills? we could save billions of dollars in printing cost by preplace the dollars with coins. coins last much longer and about a billion of them are sitting around in bank vaults. store owners don't like them. armored cars say they weigh too much. ladies in the exotic dancing industry say they weigh them down. you have got to have a little fun. come on. now we go off to the west coast where there are growing fears of voter sphrawd two weeks before folks there head to the polls to elect a new mayor in san francisco. the candidates calling for federal and state man towards. eric shawn is track the

complaints. >> reporter: there are shocking voter fraud allegation rocking the mayor's race in san francisco and the d.a. is investigating. witnesses say the france neighbor alliance, a group that backs the reelection of incumbent mayor ed lee, though he says it's not associated with his campaign. the makeshift voter registration site, the allegation is they cast ballots for elderly voters. the accusers say it shows workers illegally filling out the ballots and using a stencil to hide the names of rival candidates. the complete ballots were reportedly stuffed into plastic bags. witnesses told us they were stunned. >> one person, one vote. voting is where democracy comes together. that's where the rubber hits the

road. if you have any sign of impropriety in the voting process, i think that just makes the whole thing stink. >> reporter: 7 opponents signed a letter demanding a federal investigation, and they want federal and state observers to monitor the city's election. the mayor insists the group is not connected to his campaign and he called what has happened moronic. >> it should be the individual who is voting has that chance to vote for him or her as to who their choice. that is a sacred right to do. they should never be intimidated to vote for anybody. >> reporter: the head of the department of elections says there doesn't seem to be a clear election violation. but the u.s. attorney is also reviewing the case. a spokesman for that case, the alliance, they have not returned our calls. if you suspect voter problems

where you live, we want to know about them. voterfraudatfoxnews.com. megyn: three months ago we featured a controversial case in kk there are concerning drug tests for welfare recipients in florida. it's conrad murray's turn. why jurors buy his claim that michael jackson died at his own hands? and president obama may be finding his campaign swings a one-man show. just ahead, who or what key dems may be avoid can the president on the campaign trail. what's better than gold ? free gold ! we call that hertz gold plus rewards. you earn free days, free weeks and more fast. that's a plus. upgrade your ride. that's a plus.

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megyn: trace gallagher says this is the story of the day. we are learning what happened when a down on her luck widow went to sell a treasured souvenir. it was a very small moon rock giver on her late husband by astronaut neil armstrong. unbeknownst to her, that's a federal crime. >> reporter: this noon rock is the size of a grain of rice. it's not like a woman was trying to fence a stolen moon rock. she was trying to raise some

money for her sick kid and trying to leave her kids some inheritance. she calls nasa and she emails them saying i have got this moon rock. i would like to sell it, can you help me find a buyer? it was given to me by my husband. she said neil armstrong gave it to him. that as sets up a sting operation and they agree to meet at this hideaway called den yims. joanne and her new house get to this den yims. they pull out the moon rock and six sheriff's deputies and five nasa agents grab her and pull her out of this denny's. she says she was so scared she lost control her bladder. they took her outside and questioned her for two hours. she went on to say, it's very upsetting. it's all a lie. nasa says the inspector general

works to arrest anybody who goes out to sell or steel moon debris. over the years nasa has gotten rid of 2,200 of these things. necessity give them to heads of state and countries. they lost counts of 400 or lost them all together. but nasa says they do not belong to people. these have supposed to be part of the government. neil armstrong says i didn't give it to the guy. he said i never gave anybody a moon rock. the husband died 20 years ago. megyn: the plot thickens. poor joanne. what a scene in a local denny's. >> reporter: she is 4'11". megyn: how old is she? >> reporter: 74. megyn: nice. new reports suggest president obama may be findinged the campaign trail a little lonely.

in in resent swings through three battleground states he won in 2008, democratic members of congress were notably absent, a sign the president's fellow democrats well aware of his sagging poll numbers may be ducking him. really? joining me is rich lowry and juan williams. thanks for being here. so they sort of picked through the states. we have michigan, north carolina, pennsylvania. why aren't more democratic members of congress willing to show up and campaign with him, juan? >> these are purple states and a lot of the conservative democrats know just as you said about his sagging poll numbers. they are up a little bit, but they are still in the low 40s which is not great. so they are a little reluctant to embrace him. because they are struggling in terms of making sure they can hold on to their own seats in a

state that is not overwhelmingly democratic. when you have think back to '08, republicans running away from bush-mccain, it didn't help them. and don't forget the congress' raidings are lower than the president's. megyn: there is one democratic strategist saying president obama may be becoming the walter mondale of 1984. the on official who risked being seen with him was the agriculture commissioner. >> a brave agriculture commissioner, i'm sure. juan is right. president obama is in the low or mid-40s and a lot of swing states he's lower than that. there is no up side for democrats being seen with him. you have a distinct pattern the last two or three months when of heads into one of these states that's reminnesotaly competitive. anyone who is in a race heads

for the hills. it's probably futile. president obama still in this state november 2012 the entire party is going down with him. but they think maybe it will help me a little bit to be my own man or woman. megyn: we are seeing this among some senators. ben nelson of nebraska comes to mind given the cornhusker kickback deal. but it's happening on both chambers of the house. my question for you is while these congressmen and women may think it helps them not to appear with the president, what does this do to the president to go through a town like pittsburgh and not have the local guy who the voters know stand up next to obama and say trust me on this guy? >> let's be clear, we are talk going conservative democrats. people like joe manchin. these are conservative

democrats. there are lots of democrats who are not only to be seen with president obama but want president obama because he brings the energy, the big crowds and the money. when we are talking about a specific slice it's true that for conservative democrats worried about their political fortunes they don't want to do it. when the local voters don't see sit, i think it sends a signal. but this is not representist entire democratic party running away from barack obama. megyn: nancy pelosi says no one views the president as a political liability. she says any member of the democratic caucus would be happy to be seen with him. even in detroit, not a single member of the state's congressional delegation showed up. >> apparently that had something to do with president obama sign can the free trade deals which aren't popular in that part of the country. it's easy for nancy pelosi to

say how popular barack obama is. she is not running in a competitive district. you will see a lot of house democrats willing to be seen with him. but flynn in a competitive race in a swing state is keeping their distance. megyn: aren't the swing states the ones the president cares about? that's kinds of a no-brainer. >> you know, you take north carolina, that state is sow critical to his political fortunes. there are more democrats than '08. if you look at the poll numbers the president's fortunes are not good, he, hurting. that's why stloalg congressional members worried about their own fortunes aren't quick to embrace him. if you look at ohio, it's complicated. lots of anger. the unions are playing there. but again slow to embrace him. this could be this moment. we'll see how the polls go. it doesn't tell the whole story. you can understand why they

think maybe having distance at this point is to their advantage. megyn: it's just such a change. but it's just such a change from the hope and change and the winds of change that we saw behind number '08, rich. >> it's not just being an incumbents. if he was an incumbent at 55% approval rating and unemployment was 7% and going down. every one of these democrats would be dlietsd to be on the stage with him. it's a factor of his declining political fortune and it comes back to the economy. it doesn't matter how many people are standing on the stage with him. it does matter how many bus trips he takes. if the economy doesn't turn around, this is the feature they are looking at, the democratic party for the next year. >> also consider the fact that he's personally popular even

though his job aprove is down. some of those guys may change their minds as we move along. megyn: fair weather friends, juan. right? thank you. florida's governor wanted to drug test welfare recipients to make sure they are not misusing tax dollars. we suggested this might not fly when we took up the case in "kelly's court." a federal court issued its ruling. now it's the defense turn to present its case in the michael jackson man salute were case of his doctor. >> he tried to assure you have he would be safe as long as a doctor would be with him and monitor him while he slept with the i.v. drip, correct? >> yes. well, thank you both for coming. oh, thank you so much.

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so i took my heartburn pill and some antacids. we're having mexican tonight, so another pill then? unless we eat later, then pill later? if i get a snack now, pill now? skip the snack, pill later... late dinner, pill now? aghh i've got heartburn in my head. [ male announcer ] stop the madness of treating frequent heartburn. it's simple with prilosec otc. one pill a day. twenty-four hours. zero heartburn. no heartburn in the first place. great. megyn: "kelly's court" is back

in session. on the docket today. the king of pop portrayed as a drug addict who ignored his doctor's order. the defense attorney calling their first witness in his man salute were trial. a nurse practitioner who treated michael jackson for insomnia. she testified about trying -- she wasn't the first witness. she was the first witness today -- she testified about trying natural remedies and nutritional supplements but she testified he was dead set on getting the powerful drug propofol which is the sedative that doctors say ultimately killed him. >> he went on having the with the surgery years ago. an said i woke up and i didn't even know that i was asleep that long. he said, i had fallen asleep so

easily. i wanted to have that experience again. i want to be able to fall asleep easily so i can get enough rest because i'm in the midst of doing a lot of work right now and i don't want to take something that will cause me to keep me up for hours. i want something that will help me sleep right away. and based on his experience in the surgery he said i know this will knock me out. if it drips into my veins i'm knocked out and i'm asleep. megyn: what does that mean? what are they trying to establish? joining me is lis weihl and defense attorney mark eiglarsh. >> i thought this was a prosecution witness. she took the stand and said would never have done this. don't you think the doctor conrad murray should have known that. what the defense is trying to do is say it's a blame the victim defense. michael jackson wanted the propofol he would stop at

nothing to get that propofol. even conrad murray could not stand between michael jackson and that propofol. but this nurse if i had blinders on i would say she is a witness for the prosecution. megyn: they talked to her about his drug seeking. what an addict he was, whether it was propofol or other drugs, including this exchange with the nurse. just listen to her talk about his dependence. >> of said i'm telling you the only thing that will help me to sleep right away. megyn: they are trying to paint the picture of sound one who was controlling and he deducted and insistent to get the drugs of choice. that's the defense's theory. >> they need to take away the stigma of it was conrad murray's choice to do propofol. no, it was a desperate addict that demanded propofol and conrad murray tried to wean him

off propofol. when he finally told him no like a dealer or somebody says no to an addict, they will finds a way to get their dose. it only took two minutes for him to go outside though i think it was more. then he grabbed the syringe and injected himself. >> you are not talking about a sister or brother or mother. you are talk being the doctor who has a higher standard of care. the last thing in the world i want to do is feed into that addiction. megyn: have we heard any testimony talking about -- if anybody has had surgery -- if they use to it north carolina out, it's anesthetic they give. has there been any talk about whether it's possible to be given a dose of propofol, be all drugged out, then to give yourself more? is that physically possible? have they talked about that? >> the prosecution experts

talked about that last week and that's why the defense pared down their witnesses from 15 to 22. they can't make that statement any more. they have to blame michael jackson. but they can't make that scientific argument anymore. megyn: they are talking about the lorazepam, they are trying to sitting was a combo of that and the propofol that wound up causing his death. that is something michael jackson could have taken. >> i found the expert testimony money to be fascinating. but i'm certain not all these jurors are getting the scientific evidence coming in. come closing arguments they will make remarks that will leave some people scrampg their heads, saying that's not what the evidence shows. if these 12ors understood the sign -- if these 12 jurors understood the evidence, that's

not how it happened. >> the witness says these are the deviations of care. it's -- don't get scientifically muddled. just go through and say deviation. meg require want to get your reaction to this exchange where even the nurse was talking about even michael jackson seemed to understand he needed a doctor to monitor him while on propofol. >> he tried to assure you he would be safe as long as a doctor would be with him and monitor him while he slept with the i.v. drip, correct? >> yes. >> you were not willing to give michael jackson the propofol or i.v. drip, correct? >> absolutely not. >> that's absolutely correct? >> that's absolutely correct. >> what you already had was it could kill him potentially. >> yes, it wasn't used for a home setting. megyn: it's not the drug combo,

it's the failure monitor that even the nurse was saying -- even michael jackson knew was required. perhaps that's why he paid somebody $150,000 a month to look after him. >> i don't disagree with you. the prosecution continues to dean amazing job with every defense witness. whatever benefit they are getting is out weighed by, would you have ever given propofol in that setting? the answer is no. we'll focus on it was michael jackson that caused his own death by doing what he did. >> blame it victim when you have got all these defense witnesses saying i would never have done that because i'm a competent nurse, i'm a competent doctor unlike conrad murray. megyn: they have no choice but to blame the victim this case. it's been five months since florida's governor signed a controversial measure for drug testing for welfare recipients. we have a major court ruling

coming up.

megyn: in florida a setback for governor rick scoments sweeping welfare law. they are setting aside a requirement that applicants pass drug tests before receiving benefits. the law requires that suspiciousless testing be justified. like custom agents who deal with drug dealers have forced to take drug test. i see no special need to test the poor. studies show they do not use drugs more than the wealthy. my prediction if the aclu sues over this law, it will win on this one.

republican rick scott made the drug testing policy a promise during this campaign. now we have his response. trace gallagher has that. >> reporter: the judge saying this law is a violation of the constitutional ban on unreasonable search and seizure. and the suit was filed by the aclu on behalf of this man. he's a navy veteran and single father. he said he wanted to collect welfare benefits while he was finishing his college degree. but then he said no i'm not going to do the testing. the state said then you don't get your $300 a week. 1,600 people have so far refused to under goat testing. since the testing began, 7,000 have passed. 32 have failed. most of those who failed failed because of testing positive for marijuana. the test is $25 to $35 bucks. if you pass you get the money

back. the state said sit would save $77 million a year. it's unclear where that number came from. but experts say it appears to be scene overestimation. the governor rick scott saying drug testing welfare recipients is a common sentence way to insure that welfare dollars are used to help children and get parents back to work. the governor obviously disaggrieves with the decision and he'll valuate his options regarding when to appeal. that not from governor scott but from his office. appeals are pending in this. megyn: they will continue to litigate this out as the case proceeds. we'll be right back. to make our floor

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