and billion on children costumes and even more on adult costumes. jon: and they only last ten seconds. that is the bad part about them. thank you for joining us. jenna: "america live" starts right now. megyn: fox news alert. we are awaying reaction right now from the major credit raters after word goes out in washington that congress has just two weeks left to come up with a debt plan. welcome to "america live." i'm megyn kelly. as the country faces a new possible credit downgrade we are hearing new warnings from the man in charge of the nonpartisan congressional budget office. the cbo director telling congress today it has just two weeks to come up with a debt plan, so the cbo can review it before a november 23rd deadline. they have to come up with $1.2 trillion in deficit cuts. failure to do so may rattle market confidence and worse bank of america, merrill lynch says failure to come up with a big

deal with result in america getting its credit cut again. stu varney is varney & co. stu we talked about this before. congress has an even shorter deadline to come up with this deal than we thought because of the warning from the cbo says you can't give it to us at the last minute, we need time to score it. >> that's correct. the skrept sis eupl that a deal will be done and stay done is rising. point number one. they are saying this morning i need more time to score this thing. he also said, megyn, even if you get a deal done that deal could be undone by a future congress. so it's not set in concrete. here is another item for you. moody's, that's the rating agency which assesses the status of america's debt, it has said that if they fail to come up with this big deficit-cutting deal that would be, quote, a major factor in their future rating. that was steven hess who said that. i just called steven hess to ask

him, are you aware of what mr. almandorf has been saying this morning and this rising skepticism. i have not received an answer to my question to him. item number three is steny hoyer, minority whip. he was asked directly, do you think we'll get this deficit cutting deal from the super committee. i'm quoting. i am not optimistic. i'm hopeful. he was pressed an said hopeful is not confident. you can sum it up that the skepticism is rising that a deal will actually be done in time and stay done, therefore those two words, downgrade are back on the front burner. megyn: just so our viewers are clear, standard & poors already downgraded us, our credit rating. moody and fitch didn't do it. they issued a warning a couple months ago, if the super committee doesn't get it together and find cuts we may downgrade as well. fitch said the same thing, failure by the super committee

to agree to the debt reduction package would likely result in negative reying action. we are getting close to the super committee deadline and it's been essentially moved up by the head of the cbo who says you can't have until the last minute you have to give it to us two weeks before that. you have the top democrat saying i am not confident. isn't that really honesty stu, is anyone confident about what the super committee has set out to do in terms of the cuts? >> there is a question about the size of the cut. the target is 1.2 trillion. that is a very small number given the overall spending of maybe $35 trillion over the next ten years. the rating agencies, this is mood dees and fitch, and standard & poors, they'd really like to see the super committee come up with 3 trillion, maybe 4 trillion in deficit reduction. that is basically off the table, it's not going to happen. so, again the skepticism is rising this a deal will be done and along comes that downgrade just down the road maybement.

megyn: i want to ask you quickly. what would be the consequences of that? it's already happened to us by standard & poors. if the other two follow suit where do we stand? >> it would directly affect your money because america would not be as creditworthy as it was in the past. it would certainly royal the stock markets, and our image of ourselves has king of the hill would take another body blow. megyn: stu varney, thank you sir. president obama getting more aggressive in defending his administration's attempts to fix the economy. blaming congressional republicans for blocking his agenda. now his treasury secretary timothy geithner coming to the president's defense in an interview with cbs news. >> did the president take his eye off the ball. >> absolutely not. he was relentlessly focusing on it. he was doing things that were deeply difficult politically for him. megyn: is that true? we'll have a fair & balanced debate on it in our next hour.

herman cain, ladies and gentlemen, our gop frontrunner again today. new key polls show that despite the beatings he has taken for some gasps in his interviews with the media and the blast of his 9-9-9 the former pizza ceo way out in front in the quinnipiac poll way out in front with 28% followed by mitt romney with 23%. rick perry way down in the single digits. about the same results in the cbs/new york times poll. herman cain in front with 25%. four percentage points of romney, although that is within the margin of error. you can see that cain is holding a double digit lead over everyone else. meantime texas governor rick perry hitting the air waves with his first campaign television commercial. the ads focusing on jobs and energy is already being shown in

iowa. >> as president i'll create at least 2.5 million new jobs, and i know something about that. in texas we created over 1 million new jobs while the rest of the nation lost over 2 million. megyn: got the happy music going. this is expected to be the only -- only the beginning of what will likely be an all out ad war between the candidates and perry is well suited for that because he's got a lot of money in the covers. other frontrunners including mitt romney and herman cain have not become advertising in the hawk eye state. the ohio caucus two months away. former massachusetts governor mitt romney reversing course on an antiunion law in ohio. i told supporters in virginia that he's 110% behind ohio's plan that restricts collective bargaining rights. this comes as romney said he had no position on the measure just yesterday in ohio. that law could be repealed by ohio voters come november. plus significant developments in the on going search for little

lisa irwin. the 11-month-old parents now agreeing to let their two young sons who are six and eight years old be interviewed by police again. they've only been interviewed one time so far. they have said before that they did not want to put lisa's brothers through a second round of questioning. now it looks like they have reversed course on that. but the boys are not the only ones police want to talk to again. trace gallagher has more live from l.a. trace. >> reporter: megyn even if the boys didn't see anything inside the house that night experts say because they were there they can give police some very important background about what exactly was going on in the hours leading up to baby lisa's disappearance. the police will not be conducting this interview at least not directly, the interview will be conducted by a trained child services specialist, and then police will then relay questions through the ear piece of that child services specialist. the police say they are not trying to subject the boys to a quote, harsh light interrogation with the smoking detective, but

be very clear the police will still be controlling this interview. the cops also want to reinterview mom and dad. they want to talk with them separately to have them answer what they are saying, quote, are questions that only they can answer, harsh, tough questions they say. remember the cops have made it very clear they believe the parents know a lot more than they are saying here. the attorneys for the parents say mom and dad are willing to be reinterviewed, but they want to talk to brand-new investigators, because they believe the old ones already think they are guilty. here is one of the attorneys today on "america's newsroom." listen. >> you know, if you sit through many, many hours of interview in which you are the subject of accusations there is a waning trust, and the trust is not gone by any stretch of the imagination, but if we're going to have a productive conversation then it needs to be with people who can meet with

them with an open mind, a clean slate. >> reporter: kind of an interesting dynamic because over the past few days the lawyers have kind of ratcheted up their criticism much the cops, megyn, the cops meantime since that search that lasted 17 hours inside the parents' home have said almost nothing until early this morning. megyn: trace, thank you. former l.a.p.d. homicide detective mark fuhrman has been following this case very carefully. he says this sit down with the boys is a critical event in this investigation. he also says an admission by the mom, deborah badly in her interview with me when it comes to the boys could prove critical in this case. we'll play you that sound byte and we will speak to mr. fuhrman coming up in about a half an hour. several cities around the country seem to be running out of patience with the wall street protests. it got seriously ugly when one group was flat out told to go home.

look at this. three minutes we'll find out what led to the tear-gas filled crackdown. president obama facing some big challenges heading into his re-election campaign. it is the latest warning from a top democrat particular strategist that may have the white house worried. see why james carville thinks the president is in rile trouble here. a connecticut congresswoman says she has an idea to boost the economy, give free diapers away. really? we'll explain. looking good! you lost some weight. you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain

tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth! the world needs more energy. where's it going to come from? ♪ that's why right here, in australia, chevron is building one of the biggest natural gas projectsn the world. enough power for a city the size of singapore for 50 years. what's it going to do to thplanet? natural gas is the cleanest conventional fuel there is. we've got to be smart about this. it's a smart way to go. ♪

megyn: a major crackdown on occupy wall street protestors who have gone way beyond

manhattan and inch too oakland, california among other places. two weeks after the protestors first set i camp the city yesterday said, time to go home. but no one went willingly. >> you must leave now. megyn: look at this. would you look at this? teargas. teargas being used. all this in a west coast city that had welcomed the antiwall street demonstrators and their tents with open arms. claudia cowan with more. >> reporter: a very tense night as the two week occupy wall street movement came to an end as you just saw. hundreds of police in riot gear used teargas and beanbags to clear protestors from out in front of city hall leaving overturned tents, protest signs and trash strewn across the plaza. the confrontation followed days of rising confrontations.

supporters of this finally lost patience with the rioters and unsanitary conditions. 85 people were arrested for unlawful assembly and illegal camping. they are mourning the loss of their makeshift city and accusing the police of using excessive force. >> they shot teargas into the crowd, flash bangs, women, children, grandmothers, grandfathers, they were all standing in the same spot. >> it was ridiculous. there was no need for doing it. they wasn't doing nothing but talking. >> reporter: police have denied reports that they used flash bang grenades to help break up the crowd saying other agencies may have used those kind of tools, and also saying that the loud noises came from large firecrackers thrown at officers by the protestors. the police chief adding the crowd threw rocks and bottles at them as well leaving no choice but to use the teargas. several officers and protestors were injured in the overnight clashes. now in today's uneasy calm a massive cleanup drive is

underway, even as everyone plans to regroup. occupy leaders say there will be another rally behind and every night until they retake this plaza. megyn, police say they'll be out there too and in larger numbers. this may not be over yet. megyn: wow, cloud yeah thank you. if you find yourself hauled away by the police in one of these occupied protests, well there is an app for that, seriously. the free getting arrested app. let's protestors alert others if they are about to be busted. it works by allowing users to write a text message in advance and program a list of recipients. then as you are about to be arrested, presto-chango you can hit one button and let everyone know. the getting arrested app is only available on droid smart phones right now. can you imagine the cops are about to slap the cuffs on you. could you hold one one second. could you cuff me in the front so i can use the phone. after weeks of saying no to letting police interview their

boys for a second time the parents of missing missouri baby lisa irwin are now reversing course. former l.a.p.d. homicide detective mark fuhrman is here with why he thinks this could be a critical moment in the case. plus, it must have really been a page turner. we'll look at a new report that shows the state department spent $70,000 buying up copies of the president's books. and he is one of the toughest critics of u.s. immigration policies and now arizona sheriff paul babo is considering a run for congress. he joins us next with his views of the 2012 presidential field and what he thinks he could bring to d.c. >> today i have opened an exploratory committee for the united states congress. everyone needs to get up on their feet and fight for our republic. ♪ [ male announcer ] each of these photos was taken by someone on the first morning of their retirement.

it's the first of more than 6,000 sunrises the average retiree wl see. ♪ as we're living longer than ever before, prudential's challenge is to help everyone have the retirement income they'll ed to enjoy every one of their days. ♪ prudential. bring yr challenges.

you know what else is early? medicare open enrollment. now through dember 7th. can i stick with old medicare plan? sure! or find a new plan with better coverage, less cost, or both. medicare plans give you free cancer screenings and wellness visits and 50% off on brand-name prescriptions when you're in the doughnut hole it's part of the healthcare law. so it's time to look, compare... and choose the right plan for you. learn more at 1-800-medicare or medicare.gov.

megyn: here is a question for you. do whales have constitutional rights? that is the legal question being raised in a lawsuit filed by peta, the people for the ethical treatment of and phapls against seaworld. the lawsuit claims that the orcas at the park are slaves and should be freed under the 13th amendment of the constitution. the lawsuit goes onto name five whales as plaintiffs in the case. no world if they'll give testimony. seaworld says the lawsuit is nothing more than a publicity stunt. you think? >> i have commanded active duty soldiers, airmen at the border in yuma where we have worked together with our heros in the border patrol and aeu shaoefd a 96% deduction in illegal

entries. i know a little bit more of what it takes to secure the border than janet napolitano. megyn: he's been an outspoken critic of the obama administration handling of border security. now we learn that arizona sheriff paul babeu may be considering a run for congress. the national sheriff's association sheriff of the year has an exploratory website running. so what would lead this sheriff to leave law enforcement for law creation? sheriff babeu welcome. that is the question for you. why would you get out of enforcing the laws and in to creating the laws? >> well, it's a novel concept that we enforce the law, and the obama administration doesn't want any part of it. and when i could remain a sheriff probably until i retire very easily, yet what faces america is grave in my estimation, not just about our unsecured border and the fact that we have these cartels who think they own the place coming into my county, the violence in

mexico that has come to america, but that unsecured border presents a grave national security threat that the obama administration terms through janet napolitano the borders more secure than ever. and we know that not to be true. not only those issues, but about the economy, there are people -- people see 10% unemployment, try 21 unemployment in communities in my county. the answers we are getting from washington is more stimulus, and raising taxes, and how well has that worked? it hasn't created jobs. and what we need to do is get out of the way of the private sector, we need to lower taxes, reduce regulation, and get the estimated $3 trillion that is sitting on the side lines in private investors, and to have that come into the economy and truly be our proud history of america, the economic engine, private and small business. megyn: let me ask you this. though, sheriff, you are tough on the obama administration and you've made no seek reft the

fact that you don't like how they handled the immigration issue along the southern border in particular where you work. >> certainly. megyn: the administration has pointed out repeatedly and we've even had republicans come on our show recently and say they have to tip their hat to the obama administration because it has had record deportations, and what they say is they are focusing limited resources and getting rid of the illegal aliens who have committed crimes in the country as opposed to the illegal immigrants who all they did wrong was cross the border illegally. do you maintain that the obama administration has attempted -- you suggested basically skirt the law and do nothing when it comes to illegal immigration. >> well, what laws are we going to enforce? if you call my dispatcher, 911, we don't say we're only answering murder and rape and theft today. we answer all the calls. and this is where a royal wave of the hand. megyn: they don't have all the resources they need. why not prioritize with the criminals. >> because we node to enforce

the law. i told this to mr. more ton to his face and janet napolitano. they said, but sheriff we only have 400,000 beds. i said if you enforce the law at the border what worked in yuma, the reason why we had a 96% reduction in illegal entries is not just because the border fence works and we had armed soldiers there, it's because we enforced the law. no one is allowed catch and release, which is vr, voluntary return because we've created this culture where people have not been held to consequences. and this is the rule of law. and the president has undermined the rule of law, the very foundation here in america. there is 4.5 million people that are waiting in line that have respected our law, that want to be citizens, that have applied for work or student visas, and now he wants to put these people in front of these people. that is not fair, that is a core american principle. megyn: how do you expect to persuade the voters out there? i understand it's an open seat,

it's a district that leans republican and you would be running as a republican. >> yes. megyn: are you going to right mostly on an immigration platform or broaden it out? >> well, it's not just about the rule of law, fast and furious where we have been betrayed, but it's about the economy. it is about jobs. it's about making government work for once, and leaders who go to washington that aren't looking at the next election, but are going to do what is right for america, and i'm accustomed to making tough decisions. i've taken my budget and actually reduced it by 10%, and yet we've improved service. we've cut emergency response time in half. that doesn't happen on accident. i'm not one that believes -- megyn: that is a novel concept for both sides. the spokesman for the democratic party came out and said the bid its going to distract from your job as sheriff. it looks like paul babeu hopes to spend even more time as sheriff and even more time on tv

than he already does. when it comes to selfpromotion he's an over achiever even if the public has to pick up the tab. i want to give you an opportunity to respond to that, sheriff. >> i appreciate her compliment. they are not fans of fox news, i am. what we've been trying to do is communicate, articulate a message here in arizona, when the obama administration has attacked our state, has handcuffed our law enforcement from enforcing the law, and that is our job is to enforce the law and protect america. there have been people who have been killed and kidnapped in my county. these cartels have murdered a hero in our border patrol, brian terry. who speaks for him? then we find out that it's our own government, eric holder and the atf who have facilitated 2,000 weapons into the hands of these cartels that murdered brian terry and 200 people in mexico. what the heck are we doing in america? why aren't we standing up for america and putting us first, when we have soldiers from skwroerpl knesoldiers germ ma

knee, to japan, 28,000 proeu tebgtin28,000 protecting their border. why don't we protect our border. megyn: eric holder has denied approving fast and furious. are you willing to declare now, or is it still just considering? >> well i love my job as sheriff. come january i need to hear from people, that is the whole idea of exploratory. people go to sheriff paul.com. let me know, do you support me, do you want me to go to washington, send a sheriff to washington. i need to hear from you. megyn: thank you, sir, all the best. >> thank you, megyn. megyn: roughly 72 hours ago christians in egypt watched as churches were again burned to the ground by angry muslim crowds. the christians were supposed to hold a big protest march today. in three minutes we'll show you why they were all told to stay at home instead. plus a 33-year-old ji gym teacher on trial for having sex with five of her students. her defense and what her

students are saying about this. new worries about the 2012 election by long pwaoeupl guru james carville. why is he sending a new warning to the white house. >> that old poster is fading and getting dog ears along the edges here. 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.

megyn: a local trial in ohio getting national attention as a 33-year-old gym teacher defend herself against charges of having sex with five of her underage students. she claims in part that it was the students who took advantage of her. the defense for stacy schuller saying the ohio teacher had medical and psychological issues but the prosecution says schuller told people before her arrest that she would plead inch sana knee. singer amy winehouse died of alcohol poisoning. a coroner saying winehouse was five times over the legal limit in terms of her alcohol blood content when she died last july. authorities called it a death by miss adventure. the 27-year-old grammy award winner did not have traces of drugs in her system. get ready to go skiing in colorado. would you look at this picture? a snowstorm is pounding the state right now just in time for halloween. the mountains could get nearly two feet of snow. denver alone may get up to ten inches of snow tonight.

a longtime democratic strategist racing new concerns about the upcoming election. james carville, who just over a month ago said president obama should, quote, panic, over poll numbers and democrats election losses now says this. quote, everything worries me in this environment. nobody has got even elected with these kind of numbers, so i'm worried in the general election. i profoundly admit that. monica crowly is a fox news contributor. and meju green is with us. you can't stop him. he's giving dire warnings to the p. he had bad things to say about republicans but that is not news coming from carville. should the president be taking him seriously. >> as you mentioned a couple of months ago carville said the white house should panic, the

president should start firing people and of course obama did not do that. clinton went on letterman and said, you don't raise tax necessary this kind of environment. there seems to be some coordination. it's about a couple of things. get the base motivated, get the base rallied this obama could lose next year, let's get our act together. what it's really pointing to is that car villain clinton were mainstream democrats, they were practicing matisses. bill clinton tacked to the center to win re-election. he had a republican house that was putting constraints on him after 94. this president is a pure ey ideolog. when they say dude it's a good idea to think about changing course. barack obama won't change course. megyn: is this about a clinton

obama rivalry for carville to be saying this or is it just fact, you've got to be worried with these numbers? >> it's fact. i think we love carville because he's honest and doesn't sugar coat it. when you get past the raging caj u.n. part of it he is right. the economy sucks, it's clear the republicans don't want to do anything about it. he's right about romney, whether it's his short term memory or reliability -- megyn: just so the viewers know he didn't only rip on obama's chances he talked about romney e talked about all the gop field and said i'd be humiliated by this field. >> romney's short time memory is worse than a college student who takes bon hits all day. herman cain, in 2012 the only thing herman cain will be doing is making a heck of a lot of money on the speaker circuit. and good for him. the reality of the numbers he's pointing to, the economy numbers, yes no president has been elected with unemployment

this high. the reality is this won't be a conventional election. barack obama is going to be reelected with probably unemployment close to 9% but that is because the republicans refuse to act. the most important thing about these trends is that presidents can get reelected with high unemployment if the numbers are going down. hence, why the republicans in congress don't want to pass the jobs act, don't want to see progress, because they know that the trend is going down -- >> i feel that is very unfair. the president put forward a jobs bill that cost half a trillion dollars, and then he said, i want to pay for it by sticking a surcharge on those making over a million dollars. i mean he keeps putting out more and more spending. if this president were so concerned about jobs, because unemployment is the most politically toxic element to anybody's re-election. if he were so concerned we hav had this problem two and a half years ago. instead of dealing with jobs and the economy at the outset he went on a joyride to do socialized medicine, cap and

trade and do everything but focus on jobs. all of a sudden he's panicked because his re-election is coming up in a year. megyn: carville told him to panic. perhaps he's listening. if you think barack obama is going to be reelected: i want to show the viewers the latest polls. even though the president is not doing great in the latest polls he's beat all of the gop potential rivals according to the polls. obama versus perry. obama 8%. obama versus romney, 1% easy head. obama versus cain he's up by 6%. these are the latest polls by rasmussen. does carville know something you don't know. does carville believe he's going to get reelected, and if he does plea that why is he saying this? >> i think what monica said, this is about getting the base excited and he connects with independent dent voters. it's important for a strategist of his expertise to be out there

saying that we are in trouble, we have to get riled up and exactly what is happening with occupied wall street. thinks the time for this grass roots ground swell to be most effective for barack obama. unfortunately for the tea party, their peak is not going to be as important in the presidential as it was in the 2010 midterm. >> don't dismiss the tea party, i think occupied wall street has breathed new life into the tea party movement. i don't think we've seen the last of the tea party movement. the momentum is going to continue to go through the presidential election, because the guy at the top is on the ballot this time. megyn: time will tell. gemu, monica, thank you so much. if you can't find president obama's books on the store shelves this may be a reason why. the state department buying $70,000 worth of copies. we are getting new details this hour on just what they are being used for. and missouri police searching for new clues in the miss appearance of little lisa irwin. we'll show you why they now are going to interview lisa's two

older half brothers. and why mark fuhrman thinks this is a big deal. right after this break. >> have they already interviewed the two boys? >> yeah. >> yeah. >> yeah, of course. >> and you just said no more. >> yeah, no more. when you have diabetes... your doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes.

america's fastest and most reliable 4g network in over 140 cities. verizon. built so you can rule the air. megyn: after weeks of refusing the parents of missing 11-month-old baby lisa irwin are now agreeing to let police reinterview their two sons. these boys were in the home on the night they say their little girl went missing. the police have given -- the parents have given police several interviews of themselves, but their relationship with law enforcement soon started to go south. >> the police now say that you have stopped talking to them. is that true? >> no. >> no. >> why are they saying that? >> because we won't let them interview our children, maybe. >> have they already interviewed the two boys? >> yeah. >> yeah.

>> yeah, of course. >> and you've just said no more. >> yeah, no more. >> right. >> that they would know nothing to waste their time and energy. it would be heartbreak for them. i don't find any reason for them to continue to talk to my kids. they have been through enough. >> did they give you a reason? >> no. we don't have anywhere else to go. well the kids aren't the answer. >> they just said that they want to reinterview them because it's been some time and maybe they might remember something. >> yeah they did say that. >> they were sleeping, and it's been hard enough for them. megyn: the parents have now changed their minds, and for our next guest this could be a critical step in the case. joining me now a former l.a.p.d. homicide detective who has worked a number of high profile cases, mark fuhrman. mark, thanks so much for being back with us. the parents you heard them there saying, no it would be a waste of time, we are not going to let it happen, and now the police continuing to say, we need it, we need it, we need it, the

parents are allowing it. so what does that tell you? >> well it tells me that somebody is getting some legal advice, and why create a situation that might be more problematic by not giving access. it's been over two weeks since the police have wanted to interview these two young boys, six and eight years old, and they are certainly old enough to communicate effectively, and you'd be able to do it quite easily, but the reason is, just exactly why have they prevented it? what could it possibly harm? they believe this little baby is still alive and these boys might have heard something or be able to maybe even see something. megyn: they told me that their sons in particular the younger one was -- is suffering anxiety in school, that he was getting knots in his throat and they just didn't want to subject him to any more stress. the police told me, look the time we interviewed them was through a child specialist.

it wasn't a detective, it was in a controlled setting, somebody who understands children. that's how it will be we are told this friday when they sit down with the boys again. why are they so critical? >> megyn, look in your interview, which is really packed with little tidbits are information, inconsistencies and contradictions, she -- in your interview, she changes the timeline from last seeing the baby at 10:30 at night to 6:40 in the late afternoon-early evening. now in that same interview she says that she blacked out after a certain point that evening, yet in your interview she remembers bringing the six and the eight-year-old little boys to her room to go to bed with her. now you just can't have this in the same interview, you can't have it in the same moment in time, claim a black out, change the timeframe. so these little boys in your interview she said they were watching a movie while she was across the street drinking with

the neighbor. so, little boys don't have a wristwatch or a phone, they don't live in that world, but they do remember, did you finish watching the movie? were you in your room when deborah came in? were you not in your room? did you finish the movie and she take you to her bedroom? they need to know the path of the household that evening, and these are the only two witnesses, other than deborah bradley, which hasn't been very cooperative. megyn: i know now the mother claims that she went to bed that night and, you know, she was drunk, she had more than five glasses of wine but less than ten, she possibly blacked out. and i asked her did you check on little lisa, what did you do before you went to bed. you say one of the critical things they need to learn is did she ask the boys to come in the bed with her. when her husband came home at 4:00am and discovered the baby was missing he said the six-year-old was in bed with debra. how did they get there.

what about the older boy. the police want to know that. let me show the viewers what she told me on this score. when you went in at 10:30 after the neighbor left, what did you do? >> probably went right to my room. megyn: why only problem below? >> sometimes i check on her. most of the time i check on her. and then the boys, they are right next to each other, i sneak in and make sure, the boys had been awake, and i add went in there and told them they could come sleep in my bed. so i'm assuming that i went and checked on her too, but i don't know. megyn: what does that tell you, mark? >> well, megyn, i want to know when exactly she realized she blacked out. if this is a point when she's done drinking. she admitted in front of millions of people that she was drunk, she blacked out, yet she can remember going to the boys' room. the interesting part about this megyn is if she's going to go to a six and eight-year-old boys'

room and ask them to come to her room, but she's not going to check on a 10-month-old baby, a helpless infant that still needs her for food and care. megyn: and she can remember that. she can remember going into the boys' rooms and asking them that, but she cannot remember whether she khepbgd on the baby. i mea checked on the baby. it's possible. i mean it's possible that you remember one but not the other. >> no, the possible and probable are two different words. let's look at the obvious. everything that she wants us to believe is to an advantage of her in her defense of her actions that night, and everything that we want to declare is a possibility is something that would be something that she's distancing herself from. there is another thing, megyn, the baby had on by the mother's admission, purple shorts and a purple shirt. so if the baby is already a sleep and gone to bed, and she went to the boys' room, and she's going to go to bed

wouldn't the baby be prepared for bed, put into a sleeper, taken out of the clothes that she was in at 6:30 that evening? megyn: it's interesting you should raise that. one of the things i've been wondering myself is why wasn't the baby in sort of a normal onsie, night tee. that wasn't unusual the mother said, it was 80 degrees that day and went down to 50. i've got to run. thanks for your insights on this. there are worries about christians coming under attack in egypt. women losing their rights in libya. who knows what happens in syria, yemen or even iraq. ambassador john bolton with a warning five minutes away. wait until you see what we found about occupied wall street. some folks actually may be paid to be there by a political group you know very well. a five-year-old girl arrives home from school alone. she decides to find her mom the only way she can, by taking the family car.

we'll show you how that worked out. >> you get off the bus and your mom wasn't there? >> i miss her so much. [ male announcer ] tom's discovering that living healthy can be fun. see? he's taking his vitamins. new one a day vitacraves plus omega-3 dha 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. ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. you noticed! these clothes are too big, so i'm donating them.

how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories.

megyn: the state department is apparently quite a fan of president barack obama the author. government records show that the state department purchased more than $70,000 worth of history books for use in embassies around the world. peter doosy following this one from washington. >> reporter: president obama writes in his books, dreams from my father that when he was nine he spent some time at the u.s. embassy in indonesia and was board by the reading material. now visitors to that embassy and a handful of others around the world can read books by the

president him s*efl. this books and the audacity of home and letters to my daughter were purchased, over 79,000 tax dollars worth to stack up key libraries and send out christmas gratuities in places like egypt where 41,000 tax dollars paid for the books. south korea bought $6,000 worth and jakarta stocked up with $4,800 worth and those are just the english language copies. turkish language copies 3700 plus. french copies over 20,000. indonesia copies almost $4,000. the watchdog group citizens against government waste thinks the become by comes way too soon since it comes before barack obama did anything as president. >> at some point when he writes a book which he will do after his presidency it would be appropriate. if they are going to maintain these libraries at all which is questionable we ought to look at whether or not that is worth doing in the fiscal climate we are in.

>> reporter: the state department defends buying books with taxpayer money saying quote for tkepl aids our embassies overseas have used books to engage key audiences in our political system and foreign policy. every library has a budget to buy books. the embassies themselves make decisions on what to buy based on interests in their host countries. president lynn con tons book and president bush's books are also part of the collection. republicans are not left out. there is no evidence the white house knew about the become buys, the president collects loyalties on some of the titles. he likely made a few thousand dollars here, megyn. megyn: thank you. just news breaking on janet napolitano taking new heat over a gun running sting gone bad. we'll show you what just happened on capitol hill between the homeland security chief and a congressman upset with how the administration has handled the

botched gun running sting. the president says he understood the frustration of the wall street protestors. he may want to watch our next report about how some of them are on the payroll of a left wing political group. don't miss this one three minutes away. 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. rewards with no blackout dates so you can redeem anytime. and it's easy to redeem your points online. already a gold member ? just select gold plus rewards in your profile and start rewarding yourself now. just go to hertzgoldplusrewards.com to join. hertz gold plus rewards. journey on.

megyn: fox news alert, despite the gaffe without the staff it is still full steam ahead for the cain train in a brand new hour of "america live." welcome, everybody, i'm megyn kelly. latest poll out from quinnipiac describing herman cain's rise to the top as, quote, meteoricment the former ceo of a pizza empire now sporting 28% support in the key battleground state of ohio, and that puts him at the top of the gop field leading massachusetts governor mitt romney by a solid five points and the let's of the field by double digits. bret baier is a anchor of "special report" right here on

fnc. this is ohio with cain at the top, we looked at the national basis, cain's at the top according to cbs/new york times. florida he's one point behind romney, south carolina cain's on top with 31% aaccording to an nbc news poll. despite what all the media types are saying are gaffes and missteps and misstatements. what does it tell us? >> reporter: it tells us herman cain is for real, and he's competing, and he's doing so in a way that is reaching people especially in the conservative base of the gop electorate, that he is identifiable as someone that they like, that they're buying what he's saying and that they are forgiving him when he has missteps. this is a candidate who has surpassed the ability to say something and then apologize for it right away saying he got it wrong or he misspoke and to be forgiven. and it seems like the

electorate, at least at this point, is giving him a few mulligans. he's not a candidate who's been in the colleague lights of a national campaign, and they seem to appreciate the fact that he kind of talks like they do. in other words -- megyn: but can -- >> reporter: -- sometimes missteps. megyn: but can he do it? what the political types are telling us is you need the ground game on the ground in places like iowa to mobilize the folks to get out to the caucuses and vote for you. is that true? can he win without doing that? >> reporter: well, it is true, and we don't know that the cain campaign is not going to ramp up to that. iowa and new hampshire historically break late. really the week before the iowa caucuses and the new hampshire primary is really when all of those two states particularly decide. there are large percentages in both those states who are undecided, and they are strictly undecided, and they stay that way until the last week.

now, if this campaign turns around, ramps up, gets some, some people on the ground before then, could he turn around as far as an organization? that's yet to be seen. we have some new polls out at fox news today, they'll be released at 6 p.m. eastern on "special report," and we'll see if cain's trajectory continues in our national poll. megyn: yeah. one person whose trajectory has not been good is rick perry who started out as the front runner, i mean, our viewers may remember he was the front runner when he first entered the race, and now he is down in the single digits in the states i just mentioned behind ron paul, newt gingrich in several of these states, down in the low single digits, in ohio he only has 4%, he was at 20%. and here he is with mr. bill o'reilly on fox speaking to that last night. watch this. >> well, i think anytime you have these races, they're going to go up, they're going to go down. you're going to have all kinds

of movement on the races, so this thing is a long way from being over with, and we're just now laying out our economic plans. and as you know, bill, what people care about is who's going to lay out a plan to get this country working. >> do you think you made any mistakes out of the gate here? look, you started out as the leader, thousand you're down to 6%. i think you're going to go back up, just my opinion, i could be wrong. but i do think you made some mistakes, and i'm just curious to know whether you do. >> well, i don't think anybody's ever run the perfect campaign, and actually these debates are set up for nothing more than to tear down the candidates. it's pretty hard to be able to sit and lay out your ideas and your concepts with a one minute response. megyn: fair point? >> reporter: fair point. it's a point that newt gingrich has made out there. however, these debates are moments to distinguish each candidate from the other. and they're also a moment to say whether those candidates can compete in a general election

against president obama because, as you know, the biggest factor for a lot of gop voters is to pick someone who is going to beat president obama in the general election. and to be able to debate effectively is one way those voters measure. so i think the debates have had a big impact, especially this year. you know, governor perry could go up in the polls. he has a lot of money, $15 million cash on hand. he's going to be running a lot of ads. we'll see how he does in the next debate and going forward. i think speaker gingrich is another one to look at. megyn: he's got good momentum as well. thank you, bret baier, see you tonight at 6. fox news alert on a hearing on capitol hill over the botched government program that sent thousands of guns into mexico and right into the hands of the drug cartels. we thought we were going to follow them and make big arrests, that's not the way it worked out. the attorney general's department of justice was

subpoenaed earlier this month, and just a short while ago, homeland security secretary janet napolitano had a testy back and forth with congressman jason chaffetz. >> how is it that you can make a claim that the border is now more than secure than ever, and yet the obama administration purposely allows 2,000 guns to be released knowing they're going to go to mexico with hundreds of people killed by those weapons, two dead u.s. agents, and yet you don't even know if we've detected one of those guns. on january 14th you did detect somebody in new new mexico, you department even run a trace on them. and for you to have two dead agents and never had a conversation with eric holder about fast and furious about this is totally unacceptable. totally unacceptable. >> gentleman's time has expired. >> mr. chairman -- >> the gentleman's time has expired. >> mr. chairman, i know

mr. chaffetz has questions, but i simply would suggest that no one takes the deaths of agents more seriously than i and, also, that one of the reasons that we have not directly dealt with the attorney general on this is he very quickly and appropriately put this matter in the hands of the inspector general. megyn: well, border agent brian terry was gunned down in arizona near the border last year in december. at least two weapons were found near his body, and they were linked to operation fast and furious. congress' investigation into that operation and who exactly approved it at what level of government goes on. also on capitol hill, doug elmendorf addressing the bipartisan supercommittee today. what he had to say scared some folks. the 12-member group is comprised of six republicans and six democrats, and it is charged with slashing more than a trillion dollars from the federal deficit in less than four weeks. got to do it by thanksgiving. mr. elmendorf reminded lawmakers

that time is running out. chief washington correspondent jim angle has that report. >> reporter: hello, megyn. well, although the supercommittee has less than a month to find spending cuts, director elmendorf, as you said, made it clear today it needs to happen somewhere near the first of november which would be next week. and if committee doesn't find $1.2 trillion in savings, then automatic cuts go into effect, half in domestic spending and half in defense which many lawmakers hope to avoid. meanwhile, lawmakers of both parties were making their arguments about what to cut with democrats suggesting too much has already been cut from domestic spending. >> congress has gone to this relatively small pot with cuts and spending caps again and again while leaving many other pieces of the budget essentially untouched. >> reporter: but the republican co-chair pointed to massive growth in government over the last two years even as the recession dragged on.

>> epa has grown 130.8%, the energy department has grown 170.7% with the stimulus, education has grown 180.6% at a time when the economy has actually seen negative economic growth, and family paychecks have shrunk. >> reporter: and republicans along with many democrats argue defense cannot bear any more cuts. director elmendorf made clear whatever the committee does to cut defense or nondefense spending, the bigger threat is unsustainable spending in into it elements such as medicare. >> mandatory spending is a growing share of federal outlays, in some cases growing rather rapidly. and without addressing that path to spending, it would be extremely difficult to put the budget on a sustainable path. >> reporter: but liberal democrats held a rally today, megyn, to say they won't support any plan that includes any cuts in entitlements whether they

come from democrats or republicans. megyn: and you wonder why we get these reports that steny hoyer and others don't have a lot of confidence in the process. [laughter] >> reporter: yeah, big surprise. megyn: thanks, jim. we promised you that story on how we learned that some wall street protesters are being paid to be there. that's still ahead, roughly ten minutes away. plus, a border agent out there putting his life on the line to secure our southern border with mexico. now he is going to prison with a longer sentence than some killers get. for what he did to a guy caught smuggling drugs. wait until you hear this one. plus, egypt's new government standing by as an entire faith comes under attack. up next, concerns that canceled a massive christian rally and why this could be a frightening sign of things to come in the arab world. [gunfire] when you have diabetes...

your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have 6 grams of sugars. with 15 grams of protein to help manage hunger...

look who's getting smart about her weight. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. you really want to be careful, you can't use something as abrasive as a toothpaste because it will cause scratches. as a result of those scratches, bacteria will get lodged in that denture and as they multiply in the mouth the odor can get stronger. i always advise my patients to use polident. it has specific agents in it that can kill bacteria. using polident daily,

you definitely will not be creating the scratches. you're going to have a fresh bright smile, and you're going to feel confident.

megyn: well, christians in egypt canceling a big march in cairo today over concerns about safety, perhaps for good reason. the march was scheduled toed after a church was burned this past weekend but then canceled after the head of the church said there were new safety concernses. leland visit earth is streaming live to us from cairo. >> reporter: megyn, it is certainly bad here in cairo for christians, it's even worse up north where these muslim extremist grouped operate without impunity. a 17-year-old boy was beat to death by a gang because he was wearing a christian cross. in the past eight months, 100,000 christians have fled their homeland was there's nobody to protect them. more than two dozen coptics died when the egyptian army opened fire as christians protested the

burning of yet another church. but the fear extends beyond destroying their building. just ask coptic politicians. >> christians are worried every second you walk out, every chance you go to a church, every place you have your daughter go unprotected, you have a chance of somebody grabbing her, and then you don't know where she's gone. >> reporter: the priest knows why his flock are being attacked, but for the people who fill these pews, some things are worth fighting for. >> because they believe, because they believe in jesus. >> reporter: since the egyptian revolution, violence against coptics has spiraled out of control. they blame groups of hard-line muslims who want to bring sharia law to the country. >> in many ways, the rule of law has been put aside for the rule of the sheikhs, and this is where, this is the new reality of egypt, this is where the problems are going to start happening. >> reporter: the army is either overwhelmed, unable or

doesn't care about stopping the sectarian violence. >> probably if they don't catch the people who do that, if you don't bring them to trial, you're sending a message that it's okay to burn a church and go home and sleep. you can do it the next day and the next day. >> reporter: things do not look like they have a bright future here for the christians. you kind of have a double whammy set up. not only l are elections coming up in one month, but the muslim brotherhood and the sal face are well organized. the christians have been unable to organize, and with the current level of violence and the lack of protection from the army, many of them are already scared to think about going out to vote. back to you. megyn: thank you. egypt is just one hot spot of major concern for the u.s. right now. in libya islamic fundamentalists are on the rise after gadhafi's death, there are new questions about the government in tunisia, protesters trying to bring down the governments in syria and yemen, and who knows what will happen in iraq when the united states' troops leave in ten

weeks. former u.s. ambassador to the united nations john bolton joins me now. since the beginning of the so-called arab spring you have been warning about what democracy would mean and look like in the middle east, and some of your concerns appear to be materializing. >> well, unfortunately, you know, i think there was excessive optimism about what opposition to authoritarian governments throughout the middle east would mean. you can be against a particular dictator without necessarily wanting to replace him with a fully democratic government, and for many of the activists that we saw opposing governments around the region, i think the hidden agenda is not bringing sweetness and light and representative government, but it is a radical islamist agenda where elections are really one person, one vote, one time. megyn: talk about what's happening in libya, for example. we heard something, you know, we heard from leland about what's happening in egypt, but in libya you have the interim leading saying he hoped it would become

an islamic state, that polygamy was going to be legal again consistent with sharia law, and there are real concerns about what's going to happen in that country now. >> interestingly, i heard from inside the state department that the original text of that speech which had been cleared by the rebel leadership did not include references to sharia law, that they were added by temporary prime minister ya brill because he thought it would be appealing to the crowd. now, if that's true, that' really very disturbing. but i think we've seen in the past several months the rebel leadership is, obviously, not united. they've got a difficult task in front of them. but the divisions are beginning to show and, i think, will be exacerbated now that gadhafi is dead once and for all. this task of national reconciliation's going to be hard enough, but if there are outside agendas, funds and arms and other support coming from outside libya itself, this could get very difficult very quickly. megyn: so that's libya, you've got uprisings in yemen, in

syria. you heard leland talk about the situation in egypt particularly in respect to the christians which we're told to make up 910% of -- 9-10% of egypt's population, and he's reporting over 100,000 christians have had to flee their homeland to avoid persecution. when we watched the arab spring unfold and we talked about the 30-year, you know, rule of hosni mubarak and how jubilant folks were in the streets -- this is actually pictures from last week -- but, you know, then when you hear in real terms that 100,000 christians have had to flee and the changes that are actually happening in terms of the muslim brotherhood expected to take real power in that country, a lot of folks in this country get worried. what does it mean? where is this going to go? >> well, i don't think people know. that's why 100,000 coptic christians left. what's important about those people voting with their feet, this is not an abstract discussion about whether the muslim brotherhood is a moderate

islamist party or not. these are people who fear for their lives, their families, their well being. coptics have played an important role in egyptian history ever since the church was founded almost 2,000 years ago. so for these folks to be leaving is a very significant statement. they were against early elections, they were against the amendments to the constitution because they feared the organized power, the muslim brotherhood, being allowed to contest elections too soon. so i think that's an early warning sign that there's real potential trouble ahead here in egypt. megyn: talk about what the future looks like in these country for women. >> well, if sharia law, moderate or otherwise, is imposed, i think there's going to be a significant change for women in a lot of countries. remember, the rulers who were replaced -- authoritarians, dictators whatever you want to call them -- were largely arab nationalists, they were largely secular. and although women were certainly discriminated against, they had opportunities that they

certainly department have in places -- didn't have in places like afghanistan where a very harsh form of sharia law was imposed. so we'll have to see how this develops, and it's very hard to predict when somebody says this is a moderate islamic party as the party apparently victorious in sunday's tunisia elections is, what it means once they actually start governing. megyn: time will tell. ambassador bolton, thank you, sir. >> thank you. megyn: well, treasury secretary tim geithner is now defending his boss saying the administration has been relentlessly focused on the economy and jobs since president obama took office. is that true? we'll have a fair and balanced debate just ahead. plus, a u.s. border patrol agent heading to jail for two years because he allegedly roughed up an illegal immigrant caught smuggling drugs. the new fight to win this man's freedom, next. [gunfire] [ male announcer ] this is lara.

her morng begins with arthritis pain.

that's a coffee and two pills. the afternoon tour begins with more pain and more pills. the evening guests arrive. back to sore knees. back to more pills. the day is done but hang on... her doctor recommended aleve. just 2 pills can keep arthritis pain away all day with fewer pills than tylenol. this is lara who chose 2 aleve and fewer pills for a day free of pain. [ female announcer ] get money saving coupons at aleve.com.

megyn: well, he is a pro at running races, and now he's running for office. meet 58-year-old frank. he's vying for a seat on the city council in stuart, florida, counts himself as an experienced leader and a hard working problem solver. why are we covering a city council race down in florida? because this man apparently strips down to run in the nude when he competes in these marathons. he's competed in about a dozen competitions. he says it is perfectly legal, and it is not appropriate for the conversation about what he is trying to accomplish as a civic leader. he claims that his ex is the one trying to sell this story to sabotage his campaign. why on earth would anyone think twice about electing him just because of that?

[laughter] good luck, frank. a border patrol agent going to the slammer has critics up in arms. jesus diaz receiving a two-year prison sentence accused of roughing up an illegal immigrant who was caught smuggling drugs. he was prosecuted on civil rights violations, and some are now accusing this sentencing of being too harsh. we asked gregg jarrett here in our new york newsroom. >> reporter: hey, megyn. a mexican drug smuggler goes absolutely free, the american border patrol agent who captured him will spend two years behind bars. his crime? he mishandled the handcuffs depriving the mexican drug smuggler of his u.s. ns american border agent, ap rehelped an american teenager carrying 75 pounds of marijuana as he crossed the rio grande in the dark of the night. diaz says the suspect resisted, so he put his knee on the teen's back and pulled back on the handcuffs to force him to the

ground. he denies physically abusing the teen who complained of soreness in his shoulders. but instead of prosecuting the drug smuggler, the u.s. attorney for western texas gave him immunity so he could testify against the agent even though that agent had already been cleared of any wrongdoing by the dhs inspector general and inspectors at i'm sorry c.e.. -- i.c.e.. defense attorneys argue their client used a technique to subdue that suspect, photos showed no visible injuries or bruises, only marks on the shoulders caused by the straps of the his heavy drug-filled backpack. the government alleged the teenager had been beaten, and there were probationary officers who claimed to have witness an assault. i spoke with the head of a group supporting diaz. the law enforcement officers' council, they told me the following: it was very dark, so those at the scene could see very little. the agent, standing right next to diaz, testified he saw no

abuse, and some of the witnesses included the smuggler admitted in court to having lied to investigators and the grand jury. i tried reaching the u.s. attorney who prosecuted this case, haven't heard back as yet. i'll let you know, megyn. megyn: gregg, thank you. >> reporter: sure. megyn: treasury secretary tim geithner fiercely defending the boss saying the president and his administration are relentlessly focusing on jobs and have been. is that true? we'll have a fair and balanced debate on it right after this break. and she was a rising tv star until she admitted making up an attempted rape. now weather forecaster heidi jones learns her fate in court. and listen to this one. a 5-year-old girl couldn't find her mom when she got home from school, so she went out to look for her and used the family car. her unbelievable story and this tape, next. >> is the car -- >> and the car's staying on running out. >> the car is -- >> gotta get here quick. what makes scottrade your smartphone's

most powerful trading app ? total access - to everything. from idea to research to trade. including financials, indicators and real-time streaming quotes. whether you check your investments every day or every minute, our app can take them from thought to trade. at scottrade, seven-dollar trades are just the start. try our powerful mobile app. it's another reason more investors are saying... i'm with scottrade.

megyn: well, new questions today about the occupy wall street demonstrations. it turns out some of this movement may be more organized than many think with ties to the now defunct community activist group, acorn. eric shawn has the latest on a foxnews.com exclusive.

>> reporter: the protesters, well, apparently they have some professional help. veteran activists who worked for acorn it can disbanded community group that shut down last year. former acorn officials are now playing key roles behind the movement, in part planning related demonstrations and strategy. the former acorn office in brooklyn, new york, is now the headquarters for a group called new york communities for changement its director, john kest, is a former acorn official. he recently wrote on the group's blog, quote: the levels of inequity in this country and in new york especially are out of hand, and no one knows that more than the working families that make up the members of new york communities for change. >> reporter: foxnews.com also reports they helped organize protests including the october 11th millionaires march where

protesters went to the homes of the wealthy at a web site they call occupy the boardroom. and there are also questions being raised about fund raising. foxnews.com reports members of new york communities for change solicited donations for a teachers' union project, but some of that money allegedly went to help the protesters, they say. the union, the united federation of teachers, says the group did not raise funds for its project, and all repeated requests for a comment from the new york communities for change have so far gone unanswered. well, an occupy wall street spokesman did tell us, quote, he has no understanding if former acorn officials are involved in their movement, and be he called such claims, quote, unsubstantiated accusations. for more on the story, go to foxnews.com. it's right there right now on the foxnews.com front page. megyn: eric shawn, thank you. well, the economy will be front and center in the 2012 campaign, and treasury secretary timothy geithner now mount ago

strong defense for the job president obama is doing and taking aim at the gop house in the process. take a listen here. >> did the president take his eye off the ball -- >> absolutely not. absolutely not. he was relentlessly focused on it, and, in fact, he was doing things that were deeply difficult politically for him. >> but people say he was focused on health care, not on jobs and the economy. >> we were passing the recovery act. it made huge investments in getting americans back to work, helped restart economic growth. he was rescuing and restructuring the american auto industry, he was fixing a terribly damaged and broken financial system, and now economy can grow without a funking financial system -- functioning financial system. those were all about jobs and about trying to protect the economy from a devastating crisis. >> what do you expect unemployment will be on election day? >> depends what washington does in the next three months, six months. it depends overwhelmingly on whether people in washington, republicans are willing to join democrats in doing things to help economic growth get stronger.

>> will it likely be more than 9%? >> if they act, growth will be stronger and you'll see more americans back to work. if they don't ask, we risk a weaker economy and higher unemployment. >> are you just using this to blame republicans? >> no, it's just a basic reality. the president has some authority, you heard him yesterday, but there are limits to what he can do, and he cannot compensate for a failure of congress to act. megyn: well, christopher hahn is a former aide to senator chuck schumer, and chris plant is the host of the chris plant show on radio. all right, dual chriss, thank you so much for being back on the program. i thought this was interesting because geithner came out swinging and, i think, gave sort of the full-throated defense we're going to hear from the administration going forward until november which is that he relentlessly focused on the economy, chris plant, and never took his eye off the ball. and to the extent we're in this boat right now it's because he cannot compensate for a failure of congress to act. >> yeah, the buck passer in

chief, the victim president. look, if this is the best he can do, i guess weaver going to need -- we're going to need a new president. democrats controlled both houses of congress for the first two years. the president pushed the health care bill, the president pushed wall street regulations. none of that helped jobs. they weren't focused on jobs. twice as many speeches if you break down the numbers, more than twice as many speeches in that time frame on the health care bill than on jobs. look, canada went into a recession in 2008. they took conservative, responsible fiscal measures. in 2010 they came out of their recession. this is the best they can do, it's their policies that have failed. >> i guess you want us to be more like canada, chris, now? so that means socialized medicine for everyone. megyn: is it fair for him to say that president obama has relentlessly focused on jobs? you heard the cbs correspondent suggest, well, what was all that focus on health care? >> well, listen, i think health care's a huge part of our economy, and it's a huge burden on a lot of businesses who want

to give health care to their employees, and people who want to make sure that their families have health care. if you want to be a entrepreneur in america, one of the things that holds you back is the fact you might get sick and need health care. this frees people up to pursue the american dream. yes, we have focused on the economy. the president can walk and chew gum at the same time. he's done much to save this economy. we could have been in a depression right now, we are not. we've seen growth in our economy. he saved the auto industry single-handedly. the stimulus is much too small. we need to be building roads, bridges, tunnels, airports, things that make great countries great. megyn: chris plant is rolling his eyes, and i'm sure he means no disrespect at that, christopher. the two examples that geithner cited were the recovery act and the stimulus of '09 and the auto bailouts, you know, saying that's really -- the president did all those things, and he did it to try to save jobs. >> yeah.

well, it didn't work, did it? ford didn't take money, and ford returned to profitability ahead of gm and chrysler, so scratch that one. >> we wouldn't have an auto industry. megyn: the administration estimates that the recovery act saved or created somewhere near three million jobs. >> it's not the administration, megyn, it's the congressional budget office which is nonpartisan. they estimate that. megyn: how about that? >> unemployment is at 9.1%. they said it would keep unemployment below 8%. it failed. their policies have failed. and now they have got no place to go. you go to jobs.gov, you'll see what the republicans have been offering. >> more of the same. >> and this president would prefer to call names and hurl insults than actually get legislation through. the democrats won't support it in the senate, they had to twist nancy pelosi and steny hoyer's arms. >> there's some fear among dems in the senate, and fear's a bad

thing when you're fighting the people who brought us into this mess to begin with. megyn: president obama's approval ratings are low, you know that. >> they are. megyn: surpassed only by the approval of republicans in congress and congress in general. those are low too. here's what we don't know: how do the american people feel about herman cain, mitt romney, rick perry and how they might do if they were given the reins at the white house. you know, does the congressional approval rating of republicans in the congress speak to what american think about a republican taking over in the white house? >> well, the beautiful thing about this election cycle from what i've seen of republican candidates, with the exception of mitt romney who republicans don't want, all the other candidates seem to be vying for a spot on the tonight show to be the funniest candidates. herman cain's ad yesterday was very entertaining, aye got to tell you. i love that guy. but it's not somebody who we're going to vote for for president of the united states, a guy whose finger is going to be on the button. america wants a serious person, and the republicans are not

going to nominate the one serious candidate they've got. megyn: chris plant? >> americans will vote against barack obama, they'll vote against his failed policies. we could run me and you, chris, as the ticket, and americans would vote against barack obama and his failed policies. >> we're definitely going to be in trouble. >> we've got a landslide of support around i -- across this country. >> wait a minute, i would be president, i worked in the senate. megyn: i was going to say, he dumped you right into the second spot there, chris. >> well, obviously. megyn: all right, guys -- >> the jobs, the economic policies have failed. you compared him to socialists in canada -- megyn: we get it. >> they pulled out of the nose dive -- megyn: typical radio guy. they just don't stop talking. [laughter] thank you both so much. >> thanks for having us, megyn. megyn: we're getting a whole new look at the man accused of killing michael jackson. the man just started crying in

court. defense attorneys making their case, and emotional patients next in kelly's court. >> the reason i decided to help or to come and help dr. murray if i can is because i've known him, i know him, i know his love, compassion, his feelings for his patients. you can ask every one of them, and they will say exactly the same thing. verizon 4g lte.

america's fastest and most reliable 4g network in over 140 cities. verizon. built so you can rule the air. or creates another laptop bag or hires another employee, it's notust good for business. it's good for the entire community. at bank of america, we know the impact that local businesses have on communities. that's why we extended $7.8 billion to small businesses across the country so far this year. because the more we help them, the more we help make opportunity possible. 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. rewards with no blackout dates so you can redeem anytime. and it's easy to redeem your points online. already a gold member ? just select gold plus rewards in your profile and start rewarding yourself now. just go to hertzgoldplusrewards.com to join. hertz gold plus rewards. journey on. megyn: kelly's court is back in session. on the docket today, the dynamic and devoted dr. conrad murray. defense attorneys in the manslaughter of michael jackson's personal doctor calling some of dr. murray's former patients to the stand. painting a picture today of a caring and accomplished physician with a long track record of saving lives. >> if i were to ask you, mr. guest, whether or not dr. murray was a reckless doctor or whether he shared -- or

whether he has care and treats patients with care and caution, would you have an opinion about that? >> yes, sir, i would. >> what would that opinion be? >> that man sitting there is the best doctor i've ever seen. he also explains everything he's going to do. he makes sure you're okay during the procedure. during the procedure, after the procedure, um, he's actually called me at home on a weekend and asked me how i was doingment doingment -- doing. and he's a great guy. i mean, he follows up with everything, makes sure everything's explained. megyn: so is that going to get it done for the defense which is expected to rest its case as early as tomorrow? joining me now, fox news legal analyst lis wiehl and defense attorney mark eye dollar,. lis, they plan to call threens five character witnesses, i expect to hear more testimonials

along those lines. does that convince the jury this was a good doctor a who wouldn't intentionally hurt a patient? >> no. completely irrelevant. these patients are offering their lay opinions on a doctor. they don't know what the standard of care is for a doctor. and by the way, the defense put on the nurse that was already on that made the prosecution's case even stronger. you know, said he wasn't living up to that standard of care. so they really, they don't have that expert opinion. secondly, those patients were treated at a hospital, megyn, where michael jackson probably should have been certainly if he was being given this propofol that conrad murray anytimes to giving him -- admits to giving him at his home. maybe he's a nice guy, i'm sure he is -- megyn: but does it play on the heart strings of the doctor, because we're told dr. murray broke down this tears as some of these witnesses were giving today. now they hear these witnesses saying, he's a very devoted doctor, calling me on the

weekends. are they to believe he was less devote today a man who was paying $150,000 a month for care? >> today was a compelling day. i thoroughly disagree with lis. personally, i don't necessarily disagree with her, i think it's like bernie madoff walking somebody across the street. [laughter] so what? i'm with you, lis. but let's talk about a jury pardon here. all of a sudden now you have compassion, potentially, from jurors to him. he really was an extraordinary heart doctor if you believe the five people who testified today, and they seemed to be very believable. he also took the time -- not minutes, hours. he never abandoned patients like the prosecution's alleging. and greed? on the contrary. he wouldn't even take money from some people. he set up shop in a place where he wouldn't make much money. so let me tell you something, today was an extraordinary day for the defense. megyn: and not only that, lis, because i want our viewers to remember where the defense is going with this. he's a caring doctor, he really looks after his patients, he's not motivated by greed.

michael jackson was willing to pay that dough, who would say no to it? and then the critical admission on monday that the defense got when cross-examining the prosecution's witness who was the expert -- >> shafer. megyn: who admitted that michael jackson could have allowed the regulator to give him the medication himself once dr. murray left the room. watch it, here it is again. >> one of the things you said on your, in your testimony was that you could not discount the possibility be that michael jackson reached up, woke up, reached up and turned on or turned off the limiter on the iv site. is that right? is. >> correct. megyn: does the defense have enough to create reasonable doubt now, lis? >> i don't see it there, megyn. again, that's irrelevant. the fact to his gross negligence. propofol should never have been there. if it was in the house, if it was to be in the house, which it shouldn't have been, then dr. murray never should have left.

we have the cell phone records to show he left. he's admitted that he left on the audio. we know he left, so he did not monitor even michael jack szob, as drug addled as he may have been, said i need to be monitored. he was not monitored by this caring doctor. megyn: by the way, we have the videotape, i guess, of conrad murray getting very emotional today. but they may feel empathy after hearing these stories. do you know who else they're going to feel empathy for? michael jackson. he's an enormous star who really meant a lot to americans around the world. and the question is whether they are going to hold this doctor, as caring as he may be, responsible for causing the king of pop's death. >> probably. and they probably should. however, let's make the argument. lis knows the only thing you know about juries is you never know what they're going to do. and in this case if they ever had a reason, they could find it now. thai got compassion. -- they've got compassion. they see the tears flowing down. before they paymented him as a

greedy -- painted him as a greedy ladies' man. [inaudible conversations] megyn: ladies -- exotic dancing names. i've got to go. >> well, today he looks different. megyn: see ya. we'll be right back. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios. ,

megyn: unbelievable story now out of ohio. a 5-year-old girl cannot find her mother when she gets home from school, so she takes the family car, this 5-year-old does, and tries to look for her mom. the little girl even calls 911 for help, and trace gallagher picks up that story. hey, t.g. >> reporter: it turns out, megyn, the mom apparently had to be rushed to the hospital by ambulance. she called the father and said you've got to pick up the little girl from school. the dad says he never got the message, so she gets home, there's nobody there.

she's in the house for three hours alone, she finally decides to grab the car keys of the lincoln navigator and go look for mom. she gets in the car, she can't quite turn it on, but she does get it into reverse. she can't reach the pedals, and the car goes down that driveway into the neighbor's yard. and then she runs back into the house and calls 913. listen. -- 911. listen. >> reporter: yeah, and now the first part of this statement, i believe, was trying to say somebody else took out the car. now you get the dispatcher, she's 20 years old, she's trying to keep the girl on the phone. she's got a car in the neighbor's yard, and now the little girl's starting to realize she's in a bit of trouble. listen.

>> reporter: and we're proud of her too. she did the wrong thing, but adorable. megyn: aw. my mom's car rolled into the neighbor's lawn. passive voice. i have no idea. >> reporter: yeah. it wasn't me. she started by saying, you know, the car's out there, i don't know how it got out there, and the dispatcher says -- megyn: and she had some choice words. trace, have your children ever repeated some choice words that you have drop inside a casual moment much to your horror? >> >> reporter: yeah. they're just adjectives in our house. >> reporter: our 2-year-old just did that, and i have to say, honestly, it was all my husband's fault. and we had to change a certain exclamation to, oh, my goodness

which now he says, oh, my goodness gracious! [laughter] all right, trace, see you soon. >> reporter: thanks, megyn. megyn: we'll be right back.