jon: have a great tuesday. thanks for being here. jenna: "america live" starts right now. megyn: europe's debt crisis taking a turn for the worse 24 hours before the president heads to europe. welcome to megyn kelly. a little hoarse with a little cold but we'll get through it together. greece has been seen inch kraoeging levi length proceed helps in recent months over the bail out deal. what it means for that country. now 24 hours before press heads to europe greece may be taking the deal and that could result in ugly fallout for the global me, the american economy and the president. wendell goler is live at the white house with reaction there. we begin with stu varney live in our new york city newsroom. stu this is a big deal you say.

>> reporter: what a story, one man in a foreign bankrupt country makes a political decision. europe goes back into chaos. we take a hit and the dow tanks 315 points. that is the circular rotation of this story. last week euphoria, the europeans have a bail out deal. today that deal could be falling apart because of that referendum in greece. result banks likely to take huge losses both over there and here, our economy take a hit if europe goes into recession and we have the dow industrial average down 311 points. that is the situation that president obama is flying into. i into. he was expecting to celebrate the bail out deal. now it's falling to pieces and that may put pressure on his re-election chances next year when the fallout reaches us in the form of a slower economy. megyn: greece is a mess it's

trying to kline its economy so it can get bailed out by europe. it will cleanup the economy if they put it to the people of greece. they don't want the austerity measures. the prime minister has decided to let the people of greece decide, we we will we know how that will workout. what happens, then europe is face wed a choice about whether to bail out greece or not. why should the average american care? well in the immediate future europe nice limbo. we don't know how the greeks are going to vote. will they accept the pain and the bail out or reject it. we simply don't know. megyn: it doesn't look like they are in favor of austerity measures. >> reporter: it doesn't look like. let's suppose they say, no, we don't want the bail out money. greece absolutely crashes because they have no money at all. they can't pay their vast government workforce. their economy truly crashes, then you feel real pain. the outcome of the referendum is not secure. we are in limbo for two months

before we know the outcome. borrowing costs for all the countries are going straight up, that means bank losses go great up, that ripples over here, slows down our faltering economy. the dow is down 313 points, it's tanking. megyn: it seems so far away and yet it's really not economically. stu thank you. jay carney holding a briefing right now with the dow jones industrial average down over 300 points as you can see so far today. there is the european debt crisis, the president's overseas trip expected to go up. wendell goler live at the white house with that. >> reporter: the euro debt crisis is always going to dominate the g-20 summette any way. greece'jay carney says it's important to implement the austerity measures that were agreed to last week quickly, but that clearly is not going to

happen as we heard stewart varney said it will be a couple of months before they hold the referendum any way. that has rattled european markets, came has a complete surprise. pappa draeo didn't even tell his finance minister about this. he was admitted to a hospital shortly afterwards. a lot of drama here. a role of the dice that will leave a mess. here is one greek economists take. >> we are entering uncharted territory. what is certain is that we are actually helping europe, getting rid of greece, and we will see the greek economy going back many decades. >> reporter: meanwhile there are protests today up the coast from caan. the white house has been optimistic about the european

plan undersecretary of the treasury. he said yesterday before the greek announcement about the referendum it had all the right elements, it chartered the right path forward to support greece and it's fiscal and structural reforms and she said u.s. officials were looking forward to getting more details about implementing the plan at the summit over the next couple of days. now with the greek referendum not likely to happen for a couple of months it's unclear how much detail will be provided at the g-20 summit. europe's slow down is in fact slowing down the u.s. economic recovery because the europeans not buying as many u.s. products as they used to. megyn: thank you. how bad could it get for u.s. banks, the financial markets and the job market here if this european deal goes down in flames? and what exactly is at stake here for the president's political future? we'll look at all of that in our next hour.

fox news is america's election headquarters. new polls just out offer new evidence that press will have his work come out for him come 2012. 43% of voters supported the commander-in-chief with a potential match up with herman cain. cain is only trailing by 5 points at 38%. when you factor in a 3% margin of error things are really neck-and-neck there. another poll shows that mr. cain and mitt romney are leading the pack in iowa, perhaps not for long. the des moines register showing cain with 23% of voter support, romney one point behind. now both candidates have turned down an invite to present their jobs plans there. many are wondering whether they gave one of the other candidates and opening with that decision. joining me now managing editor of the hill, bob cusack. thanks for being here. this is something that michelle bachmann or rick santorum are

dreaming up, the two top candidates saying they are going to bail on this invitation. they are hinkey turning down invites. >> this will not sit well with a lot of people in iowa. this is a huge opening for someone like rick santorum who spent a ton of time on iowa. rick santorum is basing his whole campaign on iowa. newt gingrich perhaps to rise. having the two frontrunners out it also raises the question of how hard is mitt romney trying in iowa? i think herman cain may get somewhat of a pass because of the controversy he's dealing with now, but mitt romney has this dance with iowa. he's kind of playing there but in the really, but he's doing well in the polls. megyn: why would mitt romney not be gearing up? he's either in the one or two position in most of these polls. i understand he didn't win iowa the last time and it really sung him in his quest, they went with huckabee. why would mitt romney not be putting metal to the pedals in

eye what, his poll numbers are pretty good. >> reporter: that's a good question. expectations would rise, that's what he's concerned about. he finished second in iowa and second in new hampshire to john mccain and then he lost. but the question is, listen, if you're not even trying that hard, and you're right there with herman cain, why not go all in? because he's probably going to win new hampshire. if he could win iowa and then new hampshire he's going to have so much momentum going into the later states into south carolina he would be really tough to both. he'll have to make that decision, am i in or not. megyn: it's all about saving face, if he doesn't win iowa and he doesn't campaign there he can say, i didn't campaign in iowa. there is an interesting piece out today that talks about the iowa demographic. i think this is by the ap and they -- i'm sorry the des moines register writes this piece and they say look it is undeniable, this is a quote, that iowa is

older, whiter and fatter than the american average. why is herman cain leading newt gingrich in the caucus campaign. iowa is 92% white. it goes on from there. barack obama won there as well. does newt gingrich have a chance or what do you make you have the gingrich v cain drama in iowa. >> reporter: politics has changed dramatically over the last 10 or 15 years. herman cain, an african-american is doing so well. gingrich is very good in the debates. he's taken back an said list wean can't attack each other we have to attack president obama. that has resonate wed a lot of voters on the republican side but he has not got even over that 10% figure. he's got to start to make traction. but the debate having so many debates clearly favors gingrich. megyn: it's changing the dynamics this year. herman cain is a debate

candidate. newt gingrich is a debate candidate are they not? >> reporter: that's right and rick perry is not a debate candidate, that's why he has sung so low. he says he's in the a great debater. he better improve or he's not going to do real well in iowa. he's at 7% in the latest poll he's got to step it up in the next several weeks or his campaign is probably going to implode. he's going to do well in iowa. megyn: i want to leave the viewers with that, iowa is known of being the state that will weed out some of the weaker candidates. they believe that could include perhaps rick santorum, bachmann, gingrich according to the political gu rurbgs s. thank you. at 2:00pm herein brand-new polls on how things are stacking up in new hampshire the first in the nation primary state. there are new moves in the gop field in this critical primary straight. scott ra rasmussen and chris stirewalt join us at the top of our next hour. south carolina is the latest

state to be challenged by the feds over its immigration law. south carolina's attorney general joins me live in three minutes, his very first interview since being hit by the lawsuit 0 buyer i can holder. developments in the missing baby lisa case. there is allegedly a phone call being made on one of the parents' missing cell phones. the parents told me their outgoing service was canceled because they didn't pay their bill, is that true or not. wait until you hear what big plans the chinese have in the works and how they could leave us in the dust with regard to launch space rockets. apple or cherry? cherry. oil or cream? oil or cream? cream.

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megyn: fox news alert. live pictures coming into us here of o'hare international

airport in chicago where police say there has been a small explosion in a baggage handling area of terminal one. hazmat teams on the scene there. no evacuations there according to the chicago department of aviation. we are learning at least one baggage handler has been injured. no flights have been affected. we'll keep you updated on the developments as we get them right here. less than 24 hours ago the department of justice filed suit against a new law designed to crackdown on illegal immigration. this time in south carolina. it is similar to recent bills, laws i said say in arizona, alabama, utah, indiana and georgia. the justice department says the south carolina law is targeting illegal immigrants and it is unconstitutional, and it's asking a judge to prevent the state from being able to enforce its own law. speaking out for the first time since the lawsuit was filed against south carolina that state's attorney general, alan wilson. thank you for being with us,

sir, we appreciate it. >> thank you for having me. megyn: your reaction to eric holder and the department of justice putting south carolina in what is becoming a long list of state whose attempt to crackdown on illegal immigration they are challenging as unconstitutional. >> we were not surprised by this. i find myself in good company. we've looked and followed the track of many of the other states that the federal government has attempted to have their immigration laws ruled unconstitutional. we in south carolina believe that we have a duty to protect our state and to assist the federal government, and that's what this law does. it doesn't attempt to take away from the federal government or preempt the federal government, it attempts to assist the federal government in enforcing immigration. we want to do our part. that's what the law does, it gives local law enforcement the tools necessary to help the feds do their job. megyn: they don't seem to want your assistance. i know the south carolina law requires that police officers call federal immigration officials if they suspect

someone nice the country illegally. let me read to you what the department of justice says in response to that. this law will place significant burdens on federal agencies diverting them away from criminal activity and those with criminal records. they seem to think they will have a lot of criminal illegal immigrants referred to them by you. they can't handle the volume so you're interfering with their enforcement authorities. >> that is an interesting argument they make. here is the situation. the federal government is either failing or refusing to address the immigration problem. the states are trying their best to assist the federal government. i find it interesting on one hand they don't want the help that the states are offering. the question i'm asking the federal government is why don't you want local law enforcement to support you? they even have a program under the 287g that allows for this. we are creating a mechanism at

the state level that will give them more resources. i don't understand the argument on how it takes away from the resources when we are actually giving them boots on the ground in the respective states. megyn: they've said very openly that they are prioritizing illegal immigrants who have a criminal history, committed crimes once they got into the country. could it work that officers in south carolina stop somebody, believe that they may be an illegal immigrants. they ask for papers. it's not like they look at your skin color and say you might be an illegal, they have to have ground for it, if they refer toes people to the department of justice the doj doesn't have to do anything about the case if it doesn't want to, does it? it can make the priorities that it wants to make, no? >> that's right they can prioritize regardless of what we do down here in south carolina. what this basically does is it gives local law enforcement a mechanism, a framework, a body of law which to follow. it's no different than if an officer stops you for running through a stop sign or speeding, subsequently smells marijuana in

the car, suspects some other illegal activity and then from that reasonable suspicion makes -- takes the extra moment necessary to determine if any illicit conducts being taken place in the automobile. the same thing determining your status as an illegal ale lee and. informing our enforcement in south carolina or ice or another federal agency. if they want to prioritize whether or not they want to take illegal aliens that are being detained in south carolina that is something they can prioritize themselves. megyn: mr. wilson the department of justice and eric holder also contend with that the problem with their law as they argued in arizona and alabama is that it will result in and i quote harassment and detention not only of foreign visitors and legal immigrants, but u.s. citizens as well who cannot readily prove their lawful status. they seem to be suggesting the regular, old american citizens who reside in south carolina could be harassed and detained under this new law.

>> that is an unreasonable thing to think or even say. i think when i travel abroad in other countries. think about as americans when you travel abroad and you're stopped or detained for commit ago minor offense, whether it's speeding or driving on the wong side of the road. imagine what would happen to you if you didn't have a passport or some type of identification. we are the greatest country in the world, and we protect everyone's freedoms, whether you're here -- whether you're a natural citizen, whether you're born here or visiting. the thing is we have to draw a line in the sand. in south carolina we have drawn a line in the sand and we are prepared to defend this law to the support court if necessary. megyn: alan wilson, thank you so much for being here, sir, all the better to you. >> thank you. megyn: remember captain sully and the u.s. airways miracle on the hudson? today we have the miracle in poland. in three minutes see how 300 people managed to survive a crash landing as a plane with no

landing gear hits the runway at more than a hundred miles an hour. a new twist in the search for missing baby lisa irwin, why a mysterious phone call allegedly made from one of her parents' phones is getting a lot of new attention. they told me there was no outgoing service. two parents pleading for a judge's mercy after refusing that their baby get the medical care authorities say could have saved his life. >> for my childrens' sake. i am with them 24 hours a day, seven days a week. just one phillips' colon health probiotic cap a day

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die dale and sh-pb on hickman said their faith prevented them from getting medical treatment for their son after he was born me mature reback in 2009. he died hours after birth from pneumonia. the doctors said he would have lived if they had got even him to a hospital. the hickmans in court begged the judge to have mercy on them. >> have mercy. for my children's sake. i am with them 24 hours a day, seven days a week. i'm terrified what they might have to go through. megyn: obviously pneumonia is very treatable with drugs. but the hickmans are the fourth

family from their church tpaeupblfailing to get medical treatment for their child. a boeing 767 that took off from new jersey made an incredible, incredible death defying landing overseas. trace gallagher has the story with incredible video to match. >> reporter: it's a polish airline. a boeing 767 came from newark landing in warsaw. minutes before it was supposed to touchdown the pilot can't get the landing gear down. what does he do, he circles the airport, dumps some fuel. finally he has to land this thing. take a look at this. he's coming in at 125 miles per hour and the belly of this thing. you see it looks like fog in the background that is the fire retardant that was put down on the runway by the fire department. this thing scooting along now and look at how perfectly right in the middle line of the runway it finally comes to a very gentle stop. 231 people on board.

you can see the fire hoses there, there was a small fire because of the friction caused by the landing. the passengers all using the slides to get out, an emergency evacuation here, but, wow -- i just talked to a pilot who said this thing could have been disastrous. think about it if a wing had dipped and caught on that runway it could have ripped off a wing, those were the fuel tanks. the pilot's name is tad tkerbgs us rona. this may not be the miracle on the hudson, but none of the 231 passengers on board that plane were injured. we are waiting to get sound in from the passengers and when we get that in there we will play it for you. i'm sure they had very, very tense moments before they landed. megyn: i'm sure they did. trace, polish people when planes land they clap. that's what they do in poland,

just on a regular landing. can you imagine the applause on that lot flight? looking forward to the sound. >> reporter: he deserves it. megyn: incredible. picture perfect. days to go on a critical deadline before the nation could face painful and mandatory spending cuts. are they going to make it? can the so-called super committee reach a deal and prevent it from happening? a live hearing in three minutes may have some answers. liftoff to a 21st century space race. straight ahead the troubling plans that china has up its sleeve. and a wild high-speed chase caught on camera, and it ends with a twist you might not suspect. can you see what kind of car that is that is being pulled over? in. >> put your hands out the window. turn around. turn around. turn around right now. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice.

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megyn: fox news alert. a critical hearing is just about to get started on capitol hill. the congressional super committee trying to come up with a deal to slash more than a trillion dollars in spending before a friday deadline that was set by the congressional budget office. with the committee looking stalled should president obama be getting more involved? joining me now leslie marshal. syndicated radio host and fox news contributor. and lars larson also a

syndicated radio host. we will see 600 billion to unspecified domestic spending, and other cuts, the stakes are high on each side. the question today is should president obama not be flying overseas to stay here and get the deal done by friday. if it doesn't get done they say the markets will tank even further than they have and we will have more instability. lars you first. >> with any other president i'd say the president should get involved. this guy has shown himself to be such a nonleader i'm not sure he'd do much good. the bunch that is on the committee, at least the democrats, do you think they will come up with spending cuts? they've come up with new spending while they've been on the committee. megyn: they came up with spending cuts, lars. they submitted -- this is -- these are the super committee members. they came up with a grand bargain of $3 trillion in

deficit reduction, these are the democrats i'm talking about. 1.3trillion in tax hikes on wealth year households. and cuts to federal programs, medicare and medicaid. >> theoretic. megyn: what do you mean theoretical? >> not only is she right, you guys have pledged your loyalty to grovernorqest and not the people. the american people have shown poll after poll that they want a balanced approach. it's the only way anything is going to get done. you know what is really sad here is the american people are going to be punished for the politicizing specifically by the republicans in this instance, lars. >> they are going to be punished by not raising taxes? the american people don't want taxes raised in the middle of a bad economy. it will crush the economy further. what we need is straight ahead tax cuts and a balanced budget amendment now, not more taxes.

megyn: would you rather see this $1.2 trillion of automatic cuts, including 600 billion cuts to defense than see taxes go up for some americans? >> no,. >> no. >> but it's a hobson's choice. megyn: that's what we are down to, lars. you guys agree with me. if they don't reach a deal thinks going to happen, these cuts. >> exactly. >> yes, i agree with you and i have to say. megyn: go ahead, leslie. >> i told you so. i don't mean you, megyn, i'm just saying to the american people. i didn't think this would work and the two sides could reach an agreement. i'm sorry, lars, the republican toss me in my opinion look bad. when the democrats, the president said hey here is over 4 trillion in cuts and end up with a deal where you get about 50 percent, come on. the bottom line is you have to care about what is going to happen to the economy and the american people and have you to compromise. the american people have said we want balance and compromise. if we listen to the republicans

right now, lars, and you say the tax hikes that the democrats want are going to screw the american people, you're talking about medicare recipients, beneficiaries having to pay more in a bad economy when they can't pay now the premiums they have many of them. megyn: to be fair, lars to be fair the republicans also offered a plan which was a $2.2 trillion proposal that does not have new taxes but has a lot of cuts. they've got cuts in taxes and they've got cuts in spending. deep cuts in spending. the democrats called is a joke. now we get reports, lars that there is a group of six. we had the gang of 14 when they were talking about judicial co confirmations. now we have the gang of 6, 6 members of the 12 members committee. you need seven to get a deal, fyi. 3 republicans, three democrats according to reuters that are out on their own and are trying to strike a deal that would include some increase in revenues that doesn't necessarily mean tax hikes but perhaps closing of tax loop homes. is that where you think this

winds up, lars? >> i think that's where it does wind up. the draconian cuts i agree with you leslie it's a bad idea to simply have the automatic cuts rol roll through. the fact is, though, this economy can't take more tax increases. we need government to cutback. and that is not just being a knee-jerk, it's saying this is the sensible solution. why do you think that herman cain's plan on taxes and perry's flat tax proposal have been so popular? why has the tea party been so popular? the american people are not begging for more government. we've had more government under this president it doesn't work. and the government stimulus doesn't work. megyn: i'll give you the last word on whether president obama needs to stay domestic this week and shepard this thing through. >> absolutely, no. i just feel that the president has his job to do, this committee has their job to do. even though i didn't agree with

the committee it is in their hands. the fate of the american people is in their hands, and quite frankly that's what they were elected to do. that is their job. he's not supposed to be their baby sitter he's commander-in-chief. megyn: they are running out of time. >> you agree he's a bad leader. megyn: we'll see what the gang of six does. they need seven. we'll see if they can persuade another one over. we'll are watching it, thank you. new signs that china may be setting the stage for a new space race. a race that we are not in right now. china eld its second unmanned rocket launch as it moves forward with building its own space station. their ambitions do not end there. >> this rocket launch just before midnight, megyn this was broadcast national on every channel in china this is a very big step for the chinese space program, because it's the first time they will ever attempt to dock one space ship with another. the chinese will probably give

live coverage of the space docking as well. of koerbs the docking is the first key step in building a space station. tomorrow night around 11:00 at night that rocket will dock with another that has been orbiting earth for the better part of a month. the chinese space program is moving at break neck speed. they sent their first astronaut into space in 2003. their first probe to the moon was in 2006, and now they are about to go on and build a space station. they hope to actually go to the moon some time in the 2020s. by the 2020s, we on the other hand hope to have another vehicle that with carry people up to the space station and beyond. we are in the process, megyn, getting behind in the space race, as you mentioned. we dominated it now for 50 years, we are on the side lines, in fact we have to hitch rides with the soviets, or with the russians just to get up to the international space station as it stands right now. megyn: we all know what our

parents told us about the dangers of hitching ride, it's fraught with peril. the next thing you know you've got, i don't know buzz aldren out there with the thumb out. >> and soyz is not the most reliable program either. megyn: thank you. the little search fo the new search for baby lisa irwin. a mysterious call made from cell phones that they told me had restricted service, continue make outgoing calls on the night they reported their baby missing. with more than three dozen members of congress now calling on eric holder our attorney general to resign, woul one of his top lieutenants today took the hot seat on capitol hill and then admitted to misstating the facts to congress. we've got that testimony for you. they are the fairytale couple that never was. more on kim kardashian and chris

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insured by unitedhealthcare insurance company. megyn: new developments in the case of missing missouri baby lisa irwin. a woman saying that investigators have now questioned her at least four times about a phone call made to her cellphone from one of the family phones of missing baby lisa. the call was allegedly made just a few hours before the baby was reported missing, around 8, 8:30 that night. remember, lisa's family told investigators, and me for that matter that their phones were stolen along with the baby and were not working, could not make outgoing phone calls. police say that all these leads are being pursued. bill daley is a former f.b.i. investigator. bill, what we have here is a situation where the parents say they took our baby and they took our cell phones. we didn't see the baby after 6:40 on the night in question. she was discovered missing at 4:00am. the police go to this woman,

megan wright. they say a phone call was made from jeremy or deborah bradley's phone to you at 8 or 8:30 on the night in question. this megan wright says i don't know them. i don't know why they'd be calling me, but i have a community phone, i live in a house with seven other random people and it could have been made to any one of them. what is going on here? >> you know, megyn you talk about a bizarre twist, already a very bizarre story. a lot of stuff is discernible through electronics. put aside what people say and act. the fact of the matter is that either phones are working or not working. sometimes phones can allow you to call out for a 911 call for an emergency. they are not going to let you squeeze out a 50-second call to some member of the community. megyn: they will not allow that. >> that's very easily discernible. the other thing this woman receiving, or someone in her home, one of the eight people, including her, receiving the call, you know, it could also be

the police can identify where that phone was. maybe not in the house but they could say was it in the house or down the street because of the cell towers. the same thing with the call that was made from one of the missing phones. they can say was it made from the vicinity of the home, from the bradley home or was it made some other place? that's one of the techniques they use with missing peep. even though your phone is off it's sending a signal to the tower. those towers can do some interpretation and let you know generally where people are. there is a lot of electronics here that start to suggest that in fact the phone wall cause made. the f.b.i. apparently had called this woman shall mrs. wright under the pretext of buying some electronics she had for sale because she had that posted and that number posted and they connected with her. that's why they were drawn to her after they apparently saw this call. megyn: they saw the number on some bill, perhaps, somehow they saw the number. >> probably a very interactive process. they can look at phone calls. megyn: that's the first thing you will do is subpoena the

cellphone numbers of jeremy and deb rafplt they see the number, they call this megan wright and start talking. here shys, here is a sound byte from the one we're talking about. megan wright. >> i received a phone call the night that baby lisa went missing, apparently a 50 second phone call. i don't know who answered it or what was said or who was on the other end of the phone. megyn: she doesn't know because it's a community phone. listen to the parents when i ask them about their phone service. you tell me are they lying here? >> i hadn't paid the cellphone bill when it was due, so our phones were restricted. megyn: so you continue have called her on the cellphone if you wanted to. >> right. megyn: they told mow they continue make outgoing calls. would they be so bold? they are not stupid. they know their phone records are tractable. >> they would also know i assume

as a cellphone owner whether or not your phone is operable. whether or not they could take calls. could they have assumed it was turned off or the phone company told them it was going to be turned off? i don't know that. from an investigative standpoint i can't rule out the fact maybe they were under the assumption it was turned off but wasn't tried. megyn: does this support an intruder theory? if you accept them at their word that their phones continue make outgoing phone calls does it mean that the investigators are making this up when they go to megan wright and say we have somebody from these two phones calling you, that they are making this up because maybe they think thinks involved, keep in mind this is a critical piece, that megan wright dated the homeless guy jersey who was around the house and got arrested on unrelated charges. >> is it possible? i don't think, with all the leads they are tracking down, indianapolis there was really some reason to drill in on this woman and that home that they would go through some kind of ruse. i think this was a way to kind

of, because the f.b.i. called that number because it was posted. i assume the f.b.i. knowing that the call had been made from one of the missing phones decided, well let's just see what happens when we call, let's see who picks up and how it's handled. megyn: so that's what happened, they called that number and it leads them to this pink-haired woman who happens to be the ex-girlfriend, recently broken up, of this guy named jersey, who was around the neighborhood, who the police were looking at for a while. he wound up being arrested on unrelated charges. our understanding is he's in jail right now. they are not saying he's been cleared, but they said we moved on. would they tell us if they were still looking at him? >> i would expect that a good investigation is not going to tell everything that they are doing. in fact there may be some disinformation and some point to throw people off the trail a bit. i have to take everything a bit suspect. the fact is that by calling that

number, and there are seven other people in the home, this miss wright claims that she got the phone back later that night, that she didn't have it at the time. there are dangling par particip hrerbgs s. the parents haven't helped the case, in many of the statements they have not been clear, correct, perhaps sometimes misleading. megyn: she said she last saw the baby at 6:40. according to her at 8:40 p.m. she would have been on her porch drinking with her neighborhood. she said she didn't think anybody would have got even in the house between that time period. >> if somebody is going to go steal a baby, and say let me grab these couple of cell phones on the way out. why, because they won't be able to call the police? that is not going to stop them from calling the police. megyn: i don't think we understand it any better. >> i think there are technical aspects here that police are working on, and at least they will will understand it. we may not know right eye way.

megyn: president obama flying into a potential firestorm. he heads to france as a deal to rescue greece's economy is suddenly in serious trouble. how this problem is threatening america's finances. stay tuned.

megyn: it was supposed to be a routine traffic stop. a female state trooper pulling over a reckless driver for speeding on a florida highway. except the person behind the wheel of the car pulled over is actually an off-duty cop. what happens next? trace gallagher it's not exactly nepotism, whatever the word would be. not exactly, no. >> reporter: you don't see the cops chasing cops that often. this was an extreme high-speed chase. the miami off-duty officer was still in his uniform and still driving his kraoeurz, an was flying down the florida turnpike

going 120 miles per hour. you see him weaving in and out of traffic. well the state trooper gave chase because she thought that was a stolen police car. it wasn't. the trooper, this thing went on for seven minutes after she put on her lights and her siren, seven minutes down the florida turnpike. finally the miami police officer pulls over and the state trooper cause all business. listen to this exchange. >> turn around. turn around right now. >> aeu apologize i was on my way. >> don't try anything else. >> you were going over 120 miles an hour. you don't respect me, sir. >> ma'am -- ma'am. >> you don't respect the people out here.

>> that is not the first occurrence. she's had run ins with the miami police department before. the cop says i was on the way to a meeting. i was in a hurry. i respect you, with all due respect, ma'am. megyn: she is tough. >> reporter: the police chief said i don't know what the guy was thinking. the whole thing is under investigation. the cop right now still has his job, megyn. megyn: i like her, she is tough and wasn't taking any guff from anybody do we know her name? >> reporter: i knew you were going to ask that. i'll find out. megyn: see you, trace. with more than three dozen members of congress now calling on the attorney general to resign one of eric holder's top lieutenants today took the hot seat on capitol hill and

admitted to misstating the facts in congress earlier. the taxpayer went nuts when they found out the city manager was billing them for more than a million a year. wait until you see what he is doing now. [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8.

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megyn: fox news alert. proof today that the justice department knew high-powered weapons were walking into mexico near low a year before they denied it was going onto congress. brand-new hour here of "america live." welcome, everyone, i'm megyn kelly. 28 members of congress now calling on attorney general eric holder to resign. today an assistant attorney general, lani brewer testifying on capitol hill saying the justice department was aware back in april of last year that guns had been allowed to flow freely into mexico as of 2006, part of operation wide receiver, a precusors to fast and furious started by the bush administration. >> if i'd known then what i know

now i of course would have told the deputy and the attorney general. megyn: william la jeunesse is live with the developments in los angeles. >> reporter: is lani brewer the new fall guy for operation fast and furious? and did the justice department mislead congress months ago when it says the atf makes every effort to stop guns from going to mexico, when memos show many at the ag's office knew it wasn't true. how did they know, because of a previous case called operation wide receiver. the atf recruited a tucson gun dealer to sell 450 assault rifles to known straw buyers, paid him $16,000 as an informant, then watched those guns cross the border repeatedly into mexico. assistant attorney general lani brewer and several deputies learned this of april in 2010, yes, less than a year later in february of this year when asked directly by congress the justice department said this in ao

letter to senator charles grass re. quote the fta makes every effort to interdict weapons that have been purchased illegally and prevent their transportation to mexico. today brewer appeared before senator grassley to explain why he never spoke up, never admitted the agency ever walked guns even when atf whistle blowers went public and insisted that in fast and furious they were told to walk guns, and instead of supporting them the atf and justice officials said they were lying. today brewer said he made a mistake. >> i regret that in april of 2010 that i did not draw the connection between wide receiver and fast and furious. and moreover i regret that even in early -- earlier this year that i didn't draw that connection. >> reporter: many in congress find brewer's story implausible. here is why, in april 2010 when he learned about operation wide serve he was also being briefed on fast and furious, and

operation run by the same agents and by the same u.s. attorney's office. so if you were told that some 1800 illegal guns were going to mexico supposedly while under surveillance, won't you at least ask if agents were again using this. quote, reckless and acceptable practice? the bottom line is, megyn both atf and doj wanted the big fish, the big headline, the big bust and they let fast and furious go on longer than they should have. back to you. megyn: congress is objecting to this. in particular senator grassley and congressman issa saying they are only learning this bit by bit as they get more documents more doj officials are forced to admit a little bit more that contradicts earlier denials. we'll talk about it in about ten minutes right here. william la jeunesse, great reporting. thank you so much s. again, folks, there are increasing calls today for attorney general eric holder to resign. what today's testimony, thinks by one of his top lieutenants, means for his future.

peter johnson jr. joins us live in ten minutes on that. we are are you ever flee two months out now from the first gop presidential nominating contest. by this time tomorrow we should have a firm date for the first in the nation primary in new hampshire. meantime we've got brand-new numbers from rasmussen reports showing former massachusetts governor mitt romney with a commanding lead in the granite state, 41%, followed by herman cain at 17%. ron paul is third at 11%. take a look at, well rick perry down at 4%. and jon huntsman at 7%. he's depending on new hampshire as well. joining me now is independent dent pollster and president of rasmussen reports.com scott rasmussen. and chris stirewalt host of power play. scott, let me start with you

since you did the poll. it looks like a runaway for romney right noise it not. >> absolutely. this is in his backyard. i can't even imagine the circumstances in which he won't win. it's very important who comes in second, even if it's a distant second. that candidate will then be seen as potentially the remaining rival to mitt romney in south carolina, florida and other places. megyn: he didn't win new hampshire the last time, chris an didn't win the nomination, romney. >> well this is true. but he governed the neighboring state and he has a summer house there, and most importantly john mccain is not running this time around, they sure loved john mccain in new hampshire and they've learned to love or at least substantially like mitt romney. but to scott's point, what really counts up there, romney has to win. if for some reason he were not to win new hampshire it would be all over for him. he's going to win, the question is who comes in second? you know who is moving here, the number that i see that i find interesting, newt gingrich. he's a guy from the south showing up ahead of rick per lee

with a respectable number. things are shaping up pretty well for him. megyn: there is a lot of talk about what happens. will the cain presidential run implode because of the latest allegations against him by two women who worked for him at the nra or some other reason, does cain implode, and if he implodes who benefits from that? chris i'll go to you and back to scott for a poll. >> newt gingrich, herman cain and rick perry are involved in a primary within a primary, a three way challenge to be the person who is not mitt romney. gingrich said it is going to go down the stretch, hammer and thongs and fight it out. moderate republican versus conservative republican, north versus south and gingrich as herman cain has struggled and has rick perry has stumbled he is very much in the mix. megyn: scott you asked the voters if you had a choice to

today to pick between romney, perry and cain. they used to be the frontrunners. you asked who would you vote, romney overwhelming here getting the nod there as well. what does that tell us? >> again, in the state of new hampshire, mitt romney is the choice. it's an election that he has to win that battle for second-place very fluid. only 37% of new hampshire voters say that they have made up their mind right now. they could go to any of the potential, i'm not mitt romney candidates. but at the end of the day this is a race that mitt romney will win handily and then the second-place finisher will say, i'm the person, whether it's newt gingrich, herman cain or somebody else, they'll say i'm the person to take the fight to south carolina and beyond. >> if huntsman doesn't come in at least third in new hampshire is he done? his whole run is based on new hampshire. i mean that's what he told me. >> maybe he's just mad at mitt romney. maybe that's the reason he keeps running, because he's not getting anywhere an staked everything.

he pulled out of florida. he staked a hundred percent of his campaign on defeating mitt romney in new hampshire. it doesn't look like it's happening. unless there is serious trouble for romney at some point it won't. megyn: one way or the other, january is going to significantly narcotic oath fielnarrow the field of gop choices. they have a lot of contests coming up in that month. thank you so much. context for you on the significance of the new hampshire primary. since 1952 only three candidates have lost the new hampshire primary and gone onto win the presidency. for 40 years from 52 to 92 no one what's elected president without winning the granite state primary. the last three presidents are the exception to the rule. they all lost in new hampshire before going onto win the white house. interesting. brand-new developments in the bell, california salary scandal. a year ago folks in bell were furious when they found out their city manager was making a

whooping $1.5 million a year in pay and benefits. the revelation sparking protests. and the uproar turned that city manager, robert rizzo into a poster child for government corruption and greed. he was forced out, slapped with charges, but now he's fighting back filing suit against the city and demanding to be paid. trace gallagher tracking this one from the west coast newsroom. trace. >> reporter: to bring you up to speed, megyn, bell, california was always one of the poorest cities in california. now because of this embezzlement scandals, it's millions and millions and millions of dollars in debt, they may lose their city charter, police department, fire department because they simply cannot pay their bills. the tax base isn't high enough. the former city manager robert rizzo who is facing charges of fraud and misappropriation of funds, prosecutors say he bilked the city for $6 million is suing bell for not only wages and benefits, but interest. he says the money is owed to him because he has not been convicted of a felony, an did

not resign. he was making $787,000 a year plus benefits and pension. $1.5million total. now he wants $2.2 million all told. the new mayor of bell says, and i'm quoting, rizzo's lawsuit is just another example of the gross disregard he has towards all the working families in bell and is just another distraction from the injustices bell residents suffered under rizzo. rizzo's defense attorney by the way who is not involved in this lawsuit says, yep, he is owed that money. rizzo is facing 58 years in jail if he is convicted on these charges, megyn. megyn: trace, thank you. meantime a growing list of lawmakers calling for attorney general eric holder to resign, and the list has more than doubled again in recent days. peter johnson jr. on what today's senate testimony means nor america's chief law enforcer. remember we told you the doj now

r reversing its story a bit. he was the governor of new jersey for four years, once considered a candidate for the secretary of the treasury. today john corsyn could be facing time behind bars. president obama heading to the economic summit. greece made a move that could threaten the world economy. may not be a photo op for the president. 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: they say lightning doesn't strike twice. this is one bizarre could he west dense. this gulf stream private jet skidded off the runway while attempting to land at key west interest nation until airport last night. investigators say the aircraft had braking issues. on board two pilots along with nascar team owner rick hendrick and his wife linda. hendrick ended up with a broken rib and collarbone.

back in 2004 his team's plane crashed en route to a nascar race killing all ten passengers, including his son, his brother, and two nieces. back now to our top story today, a top official at the department of justice today admitting at a senate hearing that he misstated the facts about federal gun running sting operations or at least the department of justice did. back in february the justice department told congress that the bureau of alcohol, tobacco and firearms, or atf does not let guns walk into mexico, period, it doesn't happen. now assistant attorney general lani brewer admitting to the u.s. senate that he knew that was not true, and he knew it nearly a year before that representation was made to congress when he learned about a gun-walking program, not fast and furious, but a different one called operation wide receiver. watch this.

>> on february the 4th 2011 the department sent me a letter also assuring me that allegations of gun walking were untrue. it reads, quote, atf makes every effort to interdict weapons that have been purchased illegally and prevent their transportation to mexico, end of quote. that statement is absolutely false, and you admitted as much last night that you knew by april 2010 that the atf walked guns in operation wide receiver. that's correct, yes? >> yes, senator, what i -- >> that's all i need to know. is that's correct. did you review the letter before it was sent to me. >> i want to be clear as i told you a moment ago i regret in april of 2010 that i did not draw the connection between wide receiver and if's and furious. moreover i regret that even in early -- earlier this year that i didn't draw that connection. in direct answer to your question, senator, i cannot say

for sure whether i saw a draft of the letter that was sent to you. megyn: joining me now is paoert johnson jr., a fox news analyst. peter, thinks just a continuing development now. this is an important man at the doj who you just heard him admit that he had misstated the facts to congress when it was vetting whether we let guns walk across the border. >> he is the assistant attorney general in charge of the criminal division, and so, he is now falling on his sword and becoming the fall guy for the attorney general, a, on the allegation that perhaps the attorney general didn't tell the truth to congress earlier about what he knew and when he knew it, and secondly, about their understanding of the program. senator grassley's questioning was incredibly strong, and what he got out of this witness was the fact that the witness was aware, mr. brewer was aware in

april 2010 with regard to 400 weapons that had crossed the border into mexico under the bush program, operation wide receiver. megyn: that guy we just saw, lani brewer knew in april of 2010 knew that we did let guns walk. >> in february of 2011 the justice department wrote the letter to congress saying just the opposite. megyn: we don't let guns walk. >> correct. we also have testimony from the attorney general talking about what he knew -- megyn: separate operation. >> -- in 2010, yes about this topic generally and the interconnection. it's all interconnected. and he gave testimony that everyone is up in arms about and said how could you give that testimony. so what brewer is saying is, you know, the real reason the attorney general didn't know about this stuff is because i, as the head of the criminal division didn't make it clear. so it has two effects, it puts

the focusn mr. brewer and about what he was doing. he then attacks the atf and the u.s. attorney who is now out of arizona for what they didn't do, but at the same time tries to relieve the pressure on mr. holder as to the fact as to why he didn't know. megyn: here is the dynamics, folks. senator grassley not happy in that exchange. >> absolutely not jo he's been looking into the operation if's and furious, where we let guns walk into mexico. we thought that would track us to the bad guys. it didn't happen. we gave guns away. he was asking questions this year. they tell him in february of 11, we don't let guns walk, senator. we don't do it. it doesn't happen. now he find out that the head of the criminal division knew better, we did let guns walk in wide receiver which started under the bush administration, but which this guy knew about but didn't mention to it

grassley. grassley also said, didn't your information about that, wide receiver clue you in because you were talking to people about a similar operation in arizona. you didn't officially know that guns were walking. you were assigning someone from your department to help them, the gang unit and so on. didn't you put the two and two together. >> who else had the opportunity to put it together? a lot of folks there at the justice department. so what the assistant attorney general is saying, i had this awareness of these guns in this operation, but the light didn't go off in my head, and my fault, i throw myself at the mercy of the united states senate, please excuse us for not understanding this for more than a year. but at the same time, incredibly, and i find this to be absolutely incredible, then says with regard to this whole incident, that even if it didn't occur as a result of these guns walking in operation fast and

furious, atf agent terry would have died any way. i find that to be an incredible assertion, and it goes against all the efforts that we've made for so many years to interdict guns between the united states and mexico. megyn: under president bush it was wide serve, now under barack obama if's and furious. i need to go, i need a quick answer. does held der survive this? you have a deputy insulating him. >> don't know he testifies november 8th and testifies again december 8th. he's looking for a more tphaeufrbl hearing in the united states senate. he will face questions on this very topic from senator grassley and from darrell issa on december 8th. it's a long road and there is more than 600 pages that they've just dumped out there that we haven't seen yet. and let's see what that holds in terms of who knew what, when and what they did about it. megyn: a deadly epidemic killing

thousands every year, many of them children. the source can be found right in your bathroom. the numbers are staggering and we've got them in a live report next. plus the number of people without power in the northeast is staggering. an update coming up

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megyn: a new and alarming report from the centers for disease control exposing a growing problem in the u.s. prescription painkiller abuse. the prort showing that as many as 15,000 people die every year from prescription drug overdoses. that number is three times more than it was just a decade ago. last year one in 20 people reported abusing prescription drugs, some of the polled were as young as 12 years old. john roberts has more live in atlanta, john. >> reporter: the news on this just keeps on getting worse. you might remember on friday we brought you the story of the

explosion of babies who were being born aeu tkeubgted to prescription drugs. take a look at the headline from today's center for disease report. it found more people die from overdoses of prescription painkillers than die from heroin and cocaine overdoses combined. here is the statistics on who is most at risk. people between the ages of 35 and 54. nonhispanic whites. the lowest rates are among blacks and asians. the overdose death rate approaches four times what it was a decade ago. that seems to track with an increase in prescribing of these narcotic painkillers in the past decade. how much of these drugs are prescribed every year? look at this statistic, enough to immediate indicate each and every person in america every day for an entire month. experts say the problem is absolutely out of control.

the director for the center of disease control says there is an epidemic of overdoses in america but he says there are possible solutions. >> there is a lot that states can do to reduce narcotic abuse. they can crackdown on pill mills, crackdown on doctor shopping. monitor who is prescribing too much, who is receiving too much. they can then work to change the practice of those doctors, maybe it's an innocent mistake, maybe it's breaking the law. >> reporter: he mentioned the pill mills, the bogus pain clinics for a fee from anywhere of a hundred dollars to a few hundred dollars will doll out huge amounts of pain medications. they said 3% ever the doctors in america are responsible for prescribing 62% of the painkillers every year. here is where the highest raeurts. take a loohighest rates are. new mexico number one, west virginia, number two, nevada

number three. utah number four and ask coming in at number five. remarkably there is no correlation between the deaths and the rate of abuse of these drugs, because take a look here contrasting, megyn the rate of abuse, the top five states, oklahoma number one, oregon, washington, rhode islandd and kentucky. centers for disease control broke it down in a community level and found the most number of deaths in rural and impoverished counties probably because of a lack of access to adequate medical care. megyn: the numbers are staggering. thank you. john roberts, everybody. the deal to bail out greece has led to riots in athens. now we hear the deal could collapse. why that could lead to furious problems right here in america. is the former governor of new jersey now facing jail time? see why john corsyn is skr-pl blin scrambling to complain

what happened to $700 million. anna chapman back in the headlines. how they took down the at with the super model lux and her entire spy ring, just ahead.

megyn: he's a former governor who at one point was considered for a cabinet position. today he's looking at possible jail time. a wall street investment fund run by john corzine the former governor of new jersey yesterday went bankrupt to the tune of $40 billion. now regulators are asking about missing money, 700 million to be exact. fox business network's elizabeth mcdonald in our new york studios. liz what is going on here. >> reporter: megyn this story is get morgue serious by the hour. what is going on here is mf global, john corzine's firm was warned by market regulators within the past few months that it did not have enough capital on hand and it was asked to bolster its capital. regulators stepped in to look at the company as books. they tried to move the customers accounts to another broker/dealer. that broker/dealer found a whole of $700 million. it was $700 million in customer funds gone missing.

the potential here is there could have been fraudulent misuse of customer funds, megyn, meaning the customer funds were possibly comingled with other accounts at the firm to bolster the firm's own capital or cover up losses at mf global. we are seeing now this is a very fluid situation. the dollar amount in question is a moving target. it was one billion, now it's 700 bill dollars, back to you. megyn: what does it mean there is a hole of $700 million. where could the money be and how serious could this be? >> it's really serious. it means they can't find the 700 million. we've spoken with the fcc, the cfcc and the chicago mercantile exchange. market regulators have borrowe barred the traders from entering, they deactivated their security guards giving them access to training. hong kong, london, singapore, japan, all scrutinizing mf

global change. what is also under review on the radar screen is john corzine's own staeupblts to the market and mf global's statements to the market about the liquidity of the firm and whether they were risk free. the rumor is they were making statement they were risk free. john corzine under the gun and we'll be watching this one closely. megyn: thank you. right now, folks europe's debt deal is very much in jeopardy. why do we care? i'll get to that that in a minute. greece's prime minister making a surprise call putting the european bail deal up for a vote. there is a lot of public opposition to the plan. it is not at all insured that this will go through. how and why should we worry about this in the united states? our economic power panel is here. leland miller, lori rothman, and

matthew mccall. i see them rioting in grease, i think it's bad, you know, i'm told it's because the socialist measures in that country are falling apart, they are not working, people will have to pay more, they are upset. okay it's interesting. why do we actually care, laurie? europe was going to bail them out, and our markets liked it, and now they may not and our markets don't like it why. >> markets are extremely volatile, that's for sure. your previous story mf global run by john corzine going belly-up because ever its exposure to the european sovereign debt crisis. again that is what it is. megyn: we buy in the european economies. >> exactly and mf had a whole bunch of it. there are a lot of firms similar to mf. it's considered a medium sized firm. there are a lot of other firms that size and you have what you call systemic risks. if mf global goes under on a bad trade with europe maybe some other u.s. based cop companies

will as well. megyn: europe is stepping into save greece, it overspent, it can't make its balance sheet. europe got together and said we'll help you. greece may be rejecting the deal because they have to eupl proceeds austerity pwhes yourself in order to get the help. >> it's more complicated of that. megyn: give us the fox news channel version not the fox business news channel version. >> one of the options for the greeks has been to accept extremely severe austerity measures in return for what the europeans had promised which had been bail outs, getting the debt to gdp ratio down lower and lower and lower. what you're seeing is an unwillingness by the greeks to make the cuts. the greek prime minister understands that he doesn't have the support in parliament to push these through. it's a desperation push to the populous to try to get the people's support in favor of this referendum. even though they are very against a debt deal what the prime minister is trying to do is phrase this as a, do you want to leave the euro zone or not, as opposed to do you want to

accept austerity in a debt deal. megyn: if it falls through it has a direct a effect on the european economy and on our economy here. >> absolutely. there was good news that maybe the referendum and the market rallied mid day you can see the direct correlation between what is going on there and here. my big issue with the entire situation is the greek people do not want austerity. basically higher taxes and lessen title -plts. so, okay, europe said, hey we'll bail you out for that. the greek people said we don't want that right now. what they do not understand is they do not take this european deal, then suddenly greek probably leaves the euro zone, they go back to their own currency and eventually nobody lends them money and things are worse than if they take this deal from europe. in my mind they have to take this deal. hopefully they do, otherwise it will move from there, to italy and who knows where it moves. megyn: one greek survey showed 60% of those questioned took a negative view of the agreement.

they don't seem to like it. i mean, do they not see what they said, that the alternative is even worse. >> some people think the alternative might be better, so greek goes back to it's own currency. doesn't use the euro as current see any more. this bail out deal ace understand it goes through limited quality of life through 2020. so if they feel optimistic and in control that they can go at it alone and be independent -- megyn: what is the bottom line? i think most of our vires they are watching it anecdotally they care, but really do we care that much -- if the griebs choose to live beyond that their means that's their problem until it becomes our problem. how will it impact our bottom line in america. >> it impacts our problem here in the united states if it happens to greece and they decide to leave the euro zone and italy blows up as well and they leave the euro zone, we don't have the euro zone any

more. megyn: why do we care? >> all the bonds that the major u.s. banks own will not be worth anything. price of the stobgt market falls, hurts our economy. unemployment goes through the room. it has systematic risk. it will make its way to the united states. megyn: people vin vest -plts in the you're owe in that currency. >> a lot of european banks do business in the united states. they need to maintain their branches and do business here as well. megyn: if it falls a part in greece, people don't want it there is a standoff between european countries and greece, is there any chance the u.s. steps in to back stop the deal, to make sure greece gets its act in order and we save the day so none of this happens. >> what president obama should be doing right now is saying absolutely not, that there is no chance of doing that. you have a situation, how exactly would the u.s. step in? i mean some people are calling for the imf to take a larger role. if the united states put that kind of debt on our balance

sheet we would be downgraded. megyn: you guys are telling me we'll have a lot of market problems and financial problems here if we let it happen, so which is worse? >> what needs to happen is for the germ answer and europeans to understand that they have to anyplace -- they didn't anyplace this in the bud. they have to stop this now as opposed to letting this dragon. the germ answer could have written a check, it could have been 200 billion, later 350 billion they could have stopped the bleeding. there is a consensus in germany that we are not bailing out greece. >> greece is such a small economy, it's not a greece story it's a contagion, about what could happen, first greece, italy, portugal and spain. we have to stop it in the bud so it does not make its way over to the united states. >> there is this bail out fund. so far the u.s. has not tapped to contribute to it. the big question mark is will china and some of the others. that's part of the problem with the entire bail out plan is who is going to fund it and back

stop it. megyn: we need our own bail outs, domestic bail outs. >> that's why it's political for the united states. megyn: thank you very much panel. interesting as we watch the president go over for the summit. if looks could kill she would be a convicted felon. new video of russian tphoebg out anna chapman before she was busted for being a spy. plus the defense rests in the trial of michael jackson's personal doctor without testimony from one very key witness. a blockbuster in the trial of dr.~conrad murray today, and it's next in kelly's court. >> if anyone contacts you or tries to contact you in any way either in person, in writing -- . ♪ as we're living longer than ever before, prudential's challenge is to help everyone have the retirement income they'll ed

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megyn: fox news alert and the defense has rested. both sides in the conrad murray trial are now done presenting their evidence. the judge is giving lawyers the day tomorrow to prepare their closing arguments, and the jurors have been excused until thursday at 9:00am, that is when

we expect closings, jury instructions and then depending on how long the closings are the start of deliberations. that's where kelly's court today. no testimony from michael jackson's personal doctor. conrad murray will not take the stand in his own defense. yesterday he told the judge he was still undecided. apparently he made up his mind. the defense regs its case a short time ago and now -- shortly after that one expert witness was back on the stand being questioned by the prosecution for one final rebuttal before the defense said, it had enough, the prosecution is done as well. joining me now fox news legal analyst lis wiehl and mark iglarsh. they had a couple of character witnesses and not the star witness dr. conrad murray. lis are you surprised and was it

the right move. >> i think it was the right move. dr. murray testified very early on in the trial. that two hour audiotape played for the jury, a few days after he spoke with the police about what he had done. if he had taken the stand and looked at the jury and had this impassioned plea i did the right thing i was a good doctor they would have played snippets of that audiotape back at him. isn't it true that you gave michael jackson propofol. isn't it true that you left the room. isn't it true that you were on your cellphone with all the girlfriends we saw there in the courtroom. isn't it true you didn't tell the emt and the treating doctors about the propofol. he would have been murdered on that kind of pros kphaeupbgs. megyn: mark, do you agree and believe him yesterday when he said he was still deciding whether or not to testify or do you think that was baloney? >> i one hundred percent today for the first time agree with lis, no question this was the right decision. we have the ability to look at the prosecutor and see does he have skills, does he have cross-examination skills? many do not.

this guy is in an a-plus class. he is very good. he would have crucified conrad murray. was conrad murray vacillating deciding yesterday stpheu don't know. maybe yesterday? i don't know. maybe. he thinks he may be able to charge the jurors the same way he charmed aupl the ladies he dated. ultimately he made the right decision skwraoeut seems to me this i decision. megyn: it seems to me the jury kind of knows what happened here. they don't know the critical fact of who gave him the propofol. they seem to know what happened. it seemed to me less important that he take the stand than in a who done it case. let's talk about the medical testimony that. wound up being the most important thing in this trial. the defense put up this dr. paul white who is like the number two propofol expert in the country. the prosecution had number one, and the consensus was that he did not do very well. >> he did well last week, megyn on direct. in cross-examination this week no he did not. he fell kind of apart. he had to admit on the stand

under grueling cross-examination that he would never have used propofol like that. you couldn't have paid him enough to ever use propofol like that. what it's going to come down to for the jury and i really hope that both sides, especially the prosecution make this strong in their closing argument is that dr. shafer has an image of the propofol, that's the prosecution dr.~, was injected very slowly over a three-hour period of time that's what led to michael jackson's death. dr. white is saying, michael jackson somehow magically tkpwoupt with the catheter on and was able to get the propofol very quickly and these what killed hill. they've gone to hone that in on closing. >> liz is way too bright. these jurors didn't write books and go to harvard law. they are hearing from dr. shafer's the state's own expert that they can't rule out the possibility that michael jackson injected himself, and that is huge. if they define the cause of

death, not as who set up the propofol and who left the room, but who administered the fatal doz dose there could be a finding of reasonable doubt as to whether it was michael or dr.~conrad murray. megyn: i know what you're going to say, he should have been there monitoring. you know as well ace do that sometimes jurors ignore the back up arguments. they want to get to the crux of it. who gave him the fatal dose. well that guy said -- the prosecution's guy said i can't rule out that michael jackson released the regulator and the propofol went flowing. if it comes down to that there is some wiggle room. to me there is some drama in this verdict. i'm not sure how it's going to go. >> absolutely there is. i'm not sure either. both sides will argue reasonable doubt. reasonable doubt is not doubt beyond anything. bring your common-sense and i would hope that both sides bring that in. bring your common-sense in that scenario. megyn: wharbg, what do you think, do you think the jury comes back guilty? do you think there is room for a not guilty to.

>> there is room for it but if they use the common-sense they see all the violations of standard of care. what it will make it close is that he's not a money-hungry guy. megyn: see you guys. we'll be right back.

megyn: bank of america doing an about face, dropping its plan to add a $5 monthly fee for debit card purchases. the reversal follows a huge backlash from customers. it comes on the heels of other banks announcing their decision to scrap similar fees. bank of america's plan would have gone into effect early next year. getting a new look inside a russian spy ring right here in the u.s. the f.b.i. releasing new video showing the now famous russian spy anna chapman and nine other spies right before the big bust which happened last year. senior correspondent eric shawn

live in our new york newsroom. >> reporter: it looks like a hollywood spy thriller but it's real. the f.b.i. has released the tapes of the alleged russian sleeper spies in action showing how they passed messages, cash and information among the videos they have released this one. it shows the most familiar us of the accused spies, anna chapman, remember her? sitting down with the person who she thinks is a russian handler who really is an undercover f.b.i. agent. they are sitting in lower manhattan allegedly discussing how to slip a fake passport to another russian by using a secret code phrase. aod video was released showing a spy digging up secret buried cash. can you imagine they put one of those sneaky cams in a tree looking down. another shows chapman browsing in a department store where they say she was secretly giving information to a russian official who was using wireless networks outside.

the ten alleged spies were exchanged in a cold war swap last year. miss chapman is the daughter of a russian eupl phra manslaughter who became an international sensation as a model and tv personality. she grazed the cover of maxim. her social life at nightclubs slashed along the tabloids, she still has her facebook page that has quite a provocative pose on that facebook page right now. when the spies got back to moscow they were given russia's highest honors. vladimir putin said they sacrificed their lives for the mother land. megyn: i'm sure he wanted to pin the medal on her himself. eric, thank you. we'll be right back with an important update on kim card. mym is best absorbed in small continuous amounts. only one calcium supplement does that in one daily dose. kim kardashian

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megyn: this is a fox news -- no it's not, no. new details on the