jon: i did rent one once to find something i lost. jenna: did you find it. jon: no. tried. that's it for us. jenna: "america live" starts right now. megyn: fox news alert to 72 hours to a key deadline. serious new warnings about what happens if a congressional committee fails to find more than a trillion dollars in budget savings. welcome to "america live," everyone i'm megyn kelly. new fallout today following reports that this super committee may fail to reach a deal. that would automatically trigger massive cuts to the defense department, domestic spending and some economists worry that it could cause turmoil in the financial markets as well. the warnings now are getting dramatic. take a listen to budget experts on capitol hill explaining to the lawmakers how dire the situation is. >> i have great respect for each of you individually, but collectively i'm worried you're going to fail, fail the

country. >> i think we could face a long period of stagnant growth, another recession, which would worse than the one we are slowly climbing out of. >> we don't need charts when we go out, we don't use power points, we just say if you spend more than you earn you lose your butt. if you spend a buck and barrow 42-cents of it you've got to be stupid. >> this is a problem we can't grow our way out of. we could have double-digit growth for decades and not solve this problem. it's not a problem we can solely tax our way out of. and it's also not a problem that we can solely cut our way out of. i think you all have proven that over the last year. >> we have seen dramatically in europe that sovereign debt of quite solid seeming countries can go down very fast, and that

could happen to us. megyn: this morning the top brass from the pentagon showed up to warn that if congress fails it could put, quote, lives at risk on the battlefield. national security correspondent jennifer given picks unthat part of the story live at the pentagon. so if the super committee fails what exactly do the joint chiefs warn will be the impact on the military? >> reporter: this was a highly unusual appearance by all four members -- heeds of the joint chiefs in front of congress and the senate arms services committee. it shows how seriously they are taking these potentially devastating cuts, megyn. leon pan etta warned about doomsday scenarios in meeting with congressman in closed door classified briefings. he said half of the cuts if they are implemented will cut from wepg system, ship building, cutting the ability to build

fighter jets. today the air force chief and army chief warned that without the deterrence of a large military, that these cuts could lead to more wars and would be balanced on the back of the armed forces. >> if we fail to avoid the ill-conceived across the board cuts we again will be left with a military with aging equipment, extremely stressed human resources with less than adequate training, and ultimately declining readiness and effectiveness. >> our ability to win is based on us being decisive and dominant. if we're not decisive and dominant we can still win but we win at the cost of the lives of our men and women. >> reporter: in other words this would cost lives, all four chiefs warned that we have never been in a situation to predict where the next war would come from, megyn. megyn: jennifer griffin, thank you.

big news from america's election headquarters as new hampshire sets the date for america's first primary. it all goes down and january 10th. and here is why that matters. since 1952 only three candidates have lost that primary and then gone onto win the presidency. for 40 years, not one person won the election who had not won new hampshire. interestingly those three candidates that lost the granite state primary and wound up winning the white house are the last three u.s. presidents. new polls out from the campaign trail where we are now about 60 days from the first in the nation caucuses, that happens in iowa. herman cain and mitt romney may be number one and two respectfully, but don't forget ron paul, the texas congressman pulling third place in the latest des moines register poll of likely caucus goers. those are the polls you want to pay attention to of likely caucus goers or sraoeubg lee

voters. finishing in first place in the hawk eye state straw poll. he joins us now. thank you for being back on the program, all the best. >> thank you, good to be with you. megyn: in iowa you win first place in the straw poll and come in third in the des moines register poll at 12% of the vote and you are put in at third in new hampshire as well with 11%. what is the path to victory for you sure. >> to continue to do what weir doing and make sure our people get to the polls. i think these where we excel, our organization, getting people out i think we are in good position, we have a ways to go, we have a couple months. we will continue doing what we have been doing and spend some money my supporters have spent. megyn: you have the right trajectory in those two states but you have a significant lag behind cain and romney who are in the 20 percentiles. how do you close the gap. >> maybe they'll help do that. a lot of people that have been in the lead have fallen.

that hasn't happened with our campaign. the trajectory has always been up and steady and solid. we do need to accelerate it. that's why we're going full force with our advertising campaign and phone banks and the get out the vote efforts. megyn: in particular if you became the nominee, congressman paul, what would you do to convince voters that you would prevail over barack obama? because the latest poll matching the two of you up shows him at 44%, you at 32. it is a significant disadvantage to you in the head-to-head match up with the current president. >> well, of course i've seen similar polls to that that put me almost even, even with him, so, no, i think i have a better chance than some of the other republicans, because my appeal is quite a bit different. it appeals to democrats and independents much more so than those in -- other candidates in the republican primary, because they are all in a stereotype of supporting republican issues

alone. but i happen to have a different viewpoint and protecting civil liberties. i certainly have a different viewpoint and foreign policy which is closer to the democratic base. for that reason the appeal is across the board, it's different, and our polls show that in a general election i would do quite well. megyn: you mentioned how maybe one of the frontrunners at this point, cain and romney will hurt themselves so that your candidacy will propel to the first spot. obviously herman cain is in the news this week, subject to a political report suggesting that a decade or so ago there were sexual harassment am tkpwaeugss against him. your son rand paul is a u.s. senator and he came out critical of that report and said it was unfair because of the and a anytime ma tee granted to the two accusers in that this report and said it was unfair and shouldn't be printed. >> i don't go that far about what should be printed and what shouldn't be, but taking it seriously is another matter.

maybe this is an opportunity to talk about the issues, and that is 9-9-9-and other his policies, but to talk about that i don't think is fair. megyn: do you think this is sufficient for more questioning of mr. cain. >> if it's done properly. conceivably it could be another campaign that has done this for all we know right now. i just don't think it should be the i shall you've the week, that is for sure. megyn: ron paul thank you so much for being here. we appreciate it. all the best, sir. >> thank you. megyn: and folks it looks like minnesota's congresswoman michelle bachmann is taking a shot at herman cain over these sexual harassment allegations that surfaced over the weekend. you know it was more than a decade ago that they were made and the reports of it surfaced over the weekend. miss bachmann telling the

audience in iowa that the gop can't afford a nominee who quote has surprises in his record. he has been under allegations that two of his employees when he was heading up the national restaurant association received settlement pay outs after complaining about alleged sexual harassment back in the 9 90s. we've got bernie goldberg's take on out media is handling this story. if you only see five minutes of television today. make sure thinks it. its at 2:30 this afternoon. >> i don't think it's racism in any traditional sense. i don't believe herman cain's critics in this case don't like him because he's black. but there is no escaping the fact that when black people are also conservative people, that just rubs liberals the wrong way. megyn: i sat down with bernard goldberg just before the show. we will air that interview again

2:15 eastern time. the family of missing baby lisa irwin throwing in the towel on all future interviews with the media. police are now talking to the baby's uncle. we'll find out why when mark fuhrman is here. new details in the tragic story of a new york mother now fighting for her life after a couple of 12 years old threw a shopping carton her head from four flights up. police now say they know why they did it. and was rick perry under the influence during a recent speech in new hampshire? the man who planned the entire event and spent the whole evening with rick perry is here live in three minutes with his answer. >> this is such a cool state. i mean, come on, live free or die, i mean -- you've got to love that, right? [applause]

megyn: fox news alert. moments ago lindsay lohan arrived at a los angeles court to learn whether she will be sent to jail for failing to comply with court-ordered community service requirements. the judge will decide if the 25-year-old actress should serve time behind bars for violating her probation after shy was kicked out of the volunteer program at the downtown women's center in los angeles. as the news happens we will bring it to you here. texas governor rick perry facing some serious accusations after a recent speech in new hampshire. critics say governor perry looked like he was under the influence. but according to the man who invited him, governor perry was stone-cold sober when he made the following remarks. >> this is such a cool state, i mean, come on, live free or die, i mean. [laughter] >> you've got to love that, right? i come from a state where they

have this little place called the alamo, and they declared victory or death. we are kind of in to those slogans, man, live free or die, victory or death, britt. the texas rangers after 50 years are going to win the world series. oops. today has been awesome, girl. that, 20% flat tax, put it on there, take your deductions off, send it in. i grew up -- i grew up on a farm, that little plan that i just shared with you doesn't force the granite state to expand your tax footprint, you know what i mean like 9% exchangs. megyn: here for his first tv interview since that surfaced, the man who invited governor perry tonight and spent the evening with that. the director of cornerstone

action, kevin smith. thank you for being on the program, welcome to you. >> megyn, thanks for having me on. megyn: you have people saying he was drunk, maybe he was on painkillers because he had spinal fusion in july. it's rank speculation. they say his affect in that video was nothing that we saw before. you spent the day with him, what say you. >> it didn't appear to be any of those things to me. the governor was very articulate and engaging the entire evening. i was with him during a pastor's meeting prior to the dinner. he also attended a vip reception that we had. and i sat with him at the head table the entire evening, and i can tell you that he really -- he really hit it off with the crowd that was there that evening and frankly people felt very positive about him after he gave in a speech. megyn: you were with him at the dinner beforehand and then you were there in the audience while

he gave the speech. was he drinking any alcohol at all that night that you saw? >> none at all. megyn in fact the only thing i saw him drinking there that evening was water. i'll tell you, you know, the 8 minute montage that most people have seen i don't think is very representative of that entire speech. if people go online and watch the entire taoef his whole speech i think they will see there were moments are levity, there were moments where he was very serious talking about certain policies, and at other times he was joking around. the crowd ate it up. they were a phraugd at the appropriate times and laughing at his jokes as well. megyn: he was clearly more animated than we've seen him at recent events. he's not this loose and punchy at the debates, for example. when you see the whole thing on balance were people scratching their heads last night? what were they saying? what was the buzz at the event? >> not at all. as a matter of fact, megyn it

caught me by surprise when i heard the video had gone vial and people were speculating had he been drinking beforehand. the reaction was very positive. people were coming up saying they wished they had seen a more animated perry during the debates. they thought he looked stiff during the debates and they were happy to see that side of him. look, i think he was there, it was a friday night after a long week of campaigning, he was relaxed, he was loose an had a good time with the crowd, and i think people really appreciated that. as i said, he connected with them well, he was engaging with them, and people that were there thought that. megyn: kevin i know you haven't yet endorsed any candidate yet. >> you're not all in behind perry, you're still making up your mind. >> that's correct. megyn: some are now comparing this. some critics in particular on the left are comparing this to howard dean's infamous scream which kind of ended his campaign for president. and this is one hard left commentator on another network saying i would argue that rick perry can really no longer be considered a serious contender

for president after this. you'll never look at this guy the same way again. your thoughts and response to that? >> i tell you i think that's just outrage us, and here is why. people are kind of tired of politicians being stiff and very cautious. and i think if people watch the speech in it's entirety. again this isn't an endorsement of governor per raoerbgs i haven't decided who i'm going to support yet i. think people will appreciate the fact he was frank, he was loose, and he just kind of spoke from his heart the entire speech. and i think people are looking for that in their politicians and elected officials. megyn: do you think you're dammed if you do and dammed if you don't if you're a politician. rick perry has been criticized for being too stiff on the campaign traeurblgs needs to connect more, show his personality, and now he does this. and now it's, is he drunk? >> right, yeah, i think megyn that is a very good point. it seems like politicians can't get off the hook no matter what they do these days. certainly again i just think that the entire thing has really

been blown-out of proportion, and i hope to see a more animated perry on the campaign stump after this. i think it worked well with the crowd that was there and again most people that were there had good comments afterwards. megyn: i hope to see it too, because i've got to say, you know, whatever was going on there, everyone got a few laughs out of it, including from the looks of it governor perry. kevin thank you. >> all right, megyn thanks. megyn: after the voter registration chaos back in 2008 a number of states tough end up their voter laws. today there are new reports that the president's election team is starting to challenge and make end runs around those laws. not only that, they have come out and openly admitted that they are, quote, looking for ways to counter them. we'll have that debate in ten minutes. and teen heartthrob justin bieber fashion the music. we'll tell you about one woman who claims the beebs is the father of her baby.

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megyn: he helped end the cold war. now the kreurbgs a is releasing the pwrao*efg tapes from ronald reagan's time in the white house giving us a behind the scenes look at the cold war how it was won by never before. catherine herridge has the story live. >> reporter: one of the kreurbgs a's historians told mow this morning that they started the

video briefings under president reagan because analysts believed it would appeal to him with his acting background. the clips seen are the same shown to the president and his national security team. footage from michael jackson's videos are shown from soviet tv reports. they explain how the soviet government wanted its citizens to believe the u.s. was evil. >> in recent years the soviet media has said much about the american way of life and it's portrait of america is a dark one. it is designed to convince the soviet people that our social system is anything but dedire rabl. >> reporter: what is traoeublging is this briefing on afghanistan and the some of yeeette's failed invasion and many of those points till ring true today as the u.s. pulls out of that region. there is also a new addition to the cia's museum it's a letter on adolf hitler's stationary

written by lieutenant rich affidavit helms who became the cia director during watergate. he wrote to his 3-year-old son. it reads the man who might have written on this card once controls europe, tkae is dead, his memory despised, his country in ruins. that letter was presented to the cia to the helms family one day after bin laud din's death. talk about history making a circle. megyn: is it just me or that guy that does the voice over stuff on the tapes -- didn't he do the stop, drop and cover? well any way. moving on a sick, sick assault on a new york city mother. a shopping cart dropped on her head from four stories above. just ahead police are now telling us why the suspects say they did it. plus revealing moments in the days after 9/11. former secretary of state

condoleezzaa rice speaking for the first time about when she thought that she and president bush had been poisoned, and the exact moments that followed. and many states understandably tightening their voter rules in the wake of voter fraud questions from 2008. so why is the obama campaign reportedly very open right now about finding ways to get around it? a fir ana fair & balanced debate coming up. [ male announcer ] in blind taste tests, even ragu uss chose prego.

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megyn: fox news alert moments ago actress lindsay lohan was sentenced to 30 days in jail. she admitted that she violated her probation by not keeping up with her court-ordered community service requirements. she was originally supposed to help out at a women's center but she didn't keep up with her required shifts there. she missed nine days of service because she said it was not fulfilling. then she was told to help out in the city morgue. that didn't workout too well. she was like 40 minutes late i think it was on her first day. you can see how seriously she takes the judge's orders. we'll see how seriously she takes this one, go back to jail, 30 days. the judge had said earlier that unfortunately in california jail time doesn't mean that much, remember what happened the last time, remember what happened with paris hilton. they get sentenced and don't have to serve that much. it probably won't be a full 30 days she has to sit there. 30 days, see ya.

two 12-year-old boys are accused of a horrific crime, allegedly shoving a steel shopping cart off of a garage roof for fun. that fell on a 40-year-old woman leaving her in a medically induced coma. it's what she was doing at the time of her accident that makes the story even more tragic. trace gallagher is live in l.a. with more. >> reporter: the family of 47-year-old marion hedges is saying really megyn this is all in god's hands. even best case scenario she is facing months and months of rehabilitation. hedges was walking out of a target store in east harlem with her 13-year-old son. she was buying halloween candy for under privileged kids which she does every year. police say she walked out and two 12-year-old boys dropped a shopping cart from four stories up. it landed on her head. she immediately dropped to the ground, went into cardiac arrest. a doctor happened to be nearby, he gave her cpr, he stabilized

her. she is now in a medically induced coma. here is a woman who volunteers with marion hedges at a local community center. listen. >> everybody is just devastated, and so worried that she should recover and pull through and get back to her normal level of activity, and we are just hoping and praying that that is the outcome. >> reporter: police say the two 12-year-old boys were actually turned in by a 14-year-old boy who knew exactly what they did. they, according to police did this all because they thought it would be funny, and the boys reportedly when they were arrested, megyn, were laughing and joking all the while. they will be charged and tried as juveniles in this case. again, she remains in very critical condition. megyn: oh, my god. trace, do we know whether she is expected to pull through? i mean are they saying? >> reporter: you know, she is stable right now. i mean she's on a breathing tube

we understand. right now her condition is critical. the family says it's in god's hand. if she does pull through she will need months and months of rehabilitation. they really won't go much further than that, megyn. megyn: just awful. dr. phil's wife, her sister was driving one time and someone through a vat of acid over the overpass onto her car. he's talked about it on his show. it's the senseless acts that have tragic consequences. people need to think. trace, thank you. >> reporter: okay. megyn: well it is almost a year exactly right now until americans head for the polls for the next presidential election. can you believe? so quickly. there are new reports today suggesting that the obama administration. i should say the obama campaign is quietly challenging nooyi hrebgs laws in key battleground states. a senior white house campaign official reportedly says, quote, we will look at what the state has done, look for ways to

counter it through litigation sometimes, through administration interpretation sometimes. but beyond that you have to have a program that actually goes out and shows voters what they need to do. christopher hahn is a former aid to chuck schumer. chris plant is a radio host of the chris plant show. hey, guys. there is a report in the "wall street journal" that quotes, that quotes a senior am pain adviser to the obama campaign who says we are going to look at what the state has done and look for ways to counter it. we're talking about laws in various states, chris plant that are aimed at stopping voter fraud. why do they want to look for ways to counter that? >> well, because they want to engage in voter fraud, of course. what other possible answer could there be? >> oh, my god. >> i grew up mostly on the north shore of chicago. i come from a long line of chicago democrats who registered tombstones and saw to it that they voted on election day. this is about corruption, plain

and simple. there is no other possibility. you've got to show your driver's license. i had to show my driver's license to get into this building today. i think for voting that is probably pretty reasonable. megyn: christopher, they also say they will be helping advice people of what their rights are. you need to bring feeter id, this is what that requires, make sure you have this. that is obviously not controversial. she should be helping voters under the rules and so on. but to look for ways to get around the law and counter the laws, why would they do that. >> these laws will disinch franchise up to 30 million americans when we have seen through the studies and others that less than .000004% of actual votes cast, perhaps contain some sort of voter fraud. the show your i.d. law, what that will do is prevent you from committing voter fraud than happens less time in america than people getting truck and

killed by lightning. it's a coordinated effort by a group called alex to disinch franchise millions of people who are young, poor and the elderly who may not have government-issued i.d.es. megyn: and who tend to vote democrat. >> absolutely. >> really. isn't that amazing all by itself? megyn: speak to this point. christopher races a good point about the low number of voter fraud. percentagewise it's not that great. it happens but it's not that great a percentage. but the laws are on the books. the laws are on the books. so how do they get away with working to counter them? >> well, how do they get away with it? by making arguments like that, that you're disinch franchising, you know, your grandmother and the poor, and of course minorities. i mean, really? it's the 21 century, this isn't exactly a poll tax. it's show your i.d. because we want our elections to be legitimate. the statistics are based on shakey analysis in the first

place. >> they are based on government records and suits brought. there is less than .00004%. republica >> you're hysterical. it's about showing an i.d., okay? and if that is really such a kerpbgs i mean rile? older people and minorities and young people don't have i.d.es. >> they don't want you to show a student i.d. or social security i.d. or any i.d. that a inner-city democrat would be. >> a student i.d. is not government issued. you don't have to be a u.s. citizen to be a student i.d. why should you accept that? megyn: let me ask you this. christopher hunt. it's so confusing the two chris', we love them, so we keep them together. why would the democrats work to get around laws on the books. why would the work to abide by the laws on the books and work

to change them if you don't like them. >> they are going to work within the law to make sure that the 30 million americans that the republicans across the country are trying to disinch franchise will be able to exercise their right that so many have fought and died for this this country. they should do everything they can to do that. all the republican attention on the department of justice is trying to draw attention away from what they are trying to do is take the unconstitutional laws that the state has passed and get rid of that. megyn: the obama campaign admits apparently that it's going to send quote voter protection teams into the field in the spring earlier than usual to start this effort, voter protection teams. do you see that as having any risks? >> well, are you asking me? they are not voter protection teams, they are get out the vote, they are corrupt the vote. why are they even concerned about this. really if voter fraud is so minuscule as it is why do you object to these laws? there is only one reason, that's

to get people who are not eligible to vote to vote. student i.d.es honestly. >> you have such a libertarian streak. i'd shout thought you'd want to include more people. the stats don't lie there are 10 million persons who do not have a government-issued i.d. >> really? >> you know what else they are doing across the suit. they are say, let's get rid of voting on sunday when most african-american churches go to vote. [laughter] >> the race card, isn't it wonderful. >> you know what they are doing in texas. if you and i went to texas and tried to register as voters. you and i would go to jail because we are not from texas. >> you're supposed to vote in your district. i'm not supposed to go to texas where it's going to do the most good for my voters. you don't vote across state lines, you bring an i.d. to get into this building and do everything else in life. to say you're disinch

franchising 30 million people is laughable. it's about corruption. they want to corrupt the election. >> there is no evidence of wide-spread corruption. megyn: got to go. i have .000000 time left for you. see you. coming up herman cain facing sexual harassment accusations that are coming up now. they were made in the mid 90s. mid to late 90s, now they are coming up again. coming up on this program bernie goldberg weighs in on how the media is handling these allegations. ithe parents of baby lisa irwin cutting off all discussions with the media. this as the police have a two-hour sit down with the brother. why? mark fuhrman is here next. is it really his baby, baby shall -frbgs baby? justin bieber facing accusations he got a 20-year-old girl pregnant. oh, my goodness, say it's not

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megyn: new developments today in the search for missing baby lisa irwin. detectives made a home visit and picked up lisa's uncle phil netts, that is the brother of deborah bradley for what is estimated to be a two hour interview. that is of course the brother of lisa's mother, and he was with deborah bradley as you can see on this tape when she bought a box of wine the night lisa was reported missing. this as the parents of little lisa now say they will be cutting off all contact with the media. joining me now former l.a.p.d. homicide detective and fox news contributor mark fuhrman who has been following this case very closely as have we. mark, thank you very much for being back. >> thank you. megyn: okay. let me talk to you first about the brother, phil netts. thinks the first we've heard they've interviewed him, although they may have done it

before and picked him up for what is estimated to be a two hour interview. what do you make of it? >> first, megyn we have to -- assuming it might be a little bit of a stretch, but we never had deborah bradley tell anybody that she went to get a box of wine, and then she got drowning that night. so initially i think in those first 48 to 72 hours there is a very good chance the detectives didn't know that fact, and i think now they want to go backwards when she changed the timeline from last seeing the baby at 10:30 at night to 6:30 at night, i think they want to go back. a few things i'd want to know is the conversation that she had with her brother. did she have a cellphone? did she use the cellphone? was there a cellphone on her person or in the car? just exactly what was her plans that night? and, you know, just filling in some of the gaps thaebgs is because deborah bradley will not have a one-on-one conversation with the detectives after she changed the timeline.

megyn: my understanding is that she and her boyfriend, jeremy who are the parents of little lisa had been staying with her brother. i think it's this guy. i don't know if she has another brother. they could also i guess, mark, want to talk to him about what's happened since little lisa went missing on october 3rd and in particular on october 8th when the parents cut off contact with the police. >> well certainly, megyn, you kind of have to move mont with the investigation. now deborah bradley and jeremy irwin changed local attorneys. they are cutting off any contact with the media. well, they don't need to talk to the media, they need to talk to the detectives if they believe their child was taken, they need to offer up all their assistance in any way that the police need to have it, and one-on-one is how they need to have it to have the information, period. it doesn't do any good to talk to deborah together with jeremy and expect that they won't have exactly the same thing to offer

later in a courtroom. that's how you pollute the investigation. megyn: why wouldn't they be talking to the media? listen, i mean i understand actually not talking to the media. why not have a press conference. the lawyer is saying no more me, no more investigators, no more family, no more press conferences. no more media, period. if i'm this family, i understand, actually not wanting to talk to the media and i actually understand at this point not wanting to talk to the police, because they are clearly suspects, but why not have press conferences if you really lost your daughter, go out to the microphone, say what you need to say, keep the case in the news, make a plea for your daughter, period, end report. >> well, if i was the attorney i'd see that any time my client goes in front of a camera she creates another problem for me. she changes some statement, something gets massaged, something comes up. she answers a question when she shouldn't and he's cutting off

all media contact because he really can't trust that she is going to have a consistent story, because she hasn't had a consistent story yet. megyn: it's got to be that it's not helping, he's concluded that it's not helping. i want to talk to you about the cell phones. i'm so confused about the latest development. this pink-haired gallon named megan wright, she claims she received a call horn cellphone the night the baby went missing. the time has been reported differently, from 8:15, to 2:30am that same night. it's information what the time was but they don't know for sure. she says the cops are telling her it happened. she said it went to my voice mail. i share the phone with seven other people who are in the house with me, one of which is jersey, a homeless guy arrested and in custody on unrelated charges. the f.b.i. have now confiscate they'd phone. they are clearly interested in the phone. what is going on with that?

>> well, megyn, here is -- let's deal with the facts that we can absolutely say exist. the phone call was made. so the phone was able to make an outbound call. that is a fact. whether deborah bradley didn't think that it was, or not, it doesn't make any difference. it was made. so that's one fact. the second fact is that all the cellphone records, and the phone, and the address book in the phone are going to be looked at. if that phone number for miss wright was in deborah bradley's phone, or any of the phones that came out of the irwin-bradley home, then there has been a personal contact prior and then it makes sense that that phone call could have occurred. megyn: and so it could suggest, what, that the parents -- i need a quick answer, that the parents new this megan wright or jersey, that there might be a connection between those two? >> it could also mean that it was an accidental phone call, because pressure was put on the phone because it was disposed

of, it was placed in a pocket, it was placed in some kind of container, it was thrown away, it was with the baby, or it could have been intentional. there could be an innocent reason, but not going to the police and talking about it doesn't make it innocent. megyn: got to go. that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

megyn: a fast naturing moment in 9/11 history. former secretary of state condoleezzaa rice recalling the day she was led to believe that she and president george w. bush had been lethal lee poisoned, revealing for the first time what really happened during those critical tense moments. trace gallagher has the story. trace. >> reporter: you know it's a frightening story, megyn but it has kind of a funny ending. in the days after 9/11 there were scares about anthrax and small pox and attacks.

condoleezzaa rice was with president bush at a summit in china they are at the summit, during a secure video conference the vice president comes on with an urgent message and he says they have detected botch list eupl in the white house and those exposed were going to die. listen to condi rise. >> i remember everybody just sort of freezing and the president saying, what was that? what was that. >> reporter: the president tells condoleezzaa rice to find out what is going on. her deputy is steven had lee who apparently had kind of a dry sense of humor. and had lee tells condoleezzaa rice, let me put it this way, if the test come back and the mice are feet up we're toast, if the feet are down we're fine. >> we did not know the results of those tests. about noon that day at a lunch in china i got to him on the phone, he says the nice are feet down. i went back to the president and said, the mice are feet down. the president said that is good

thing. i'm sure the chinese who probably got a translation probably got some kind of a code. >> reporter: the chinese are trying to figure out when the national security adviser walks over and says, mr. president the mice are feet down. they are probably like what does that mean. megyn: that is going to catch on i think. thank you. breaking news from the middle east, israel is trying to send a threatening message to iran. a showdown that could get dangerous very quickly. new calls today for the attorney general to resign. up next the latest discoveries in the gun trafficking scandal causing big problems for mr. holder. a pregnant mother and military vet separated from her child and tossed into the slammer all because she forgot to pay for a sandwich in the check out line? a story getting national attention. rérésékérékékéréúékék>

megyn: fox news alert a brand-new poll showing significant developments in the

republican presidential field. welcome to a bland new hour of "america live," everyone, i'm megyn kelly. this quinnipiac survey finds herman cain widening his lead over the republican field. support for newt gingrich also picking up and mitt romney pretty much remained stagnant. tim pawlenty is a former 2012 presidential candidate an supports mitt romney for president. governor, thank you so much for being back on the program. let's talk about momentum. they are calling it hermantum. and the hermanator. the story has been herman cain rising in the polls. mitt romney always seems to be the second best. they referred perry at first, and now they prefer cain to him. why isn't governor romney resonating more? >> good afternoon to you, megyn and thank you for having me on the show. these polls are a snapshot in

time. this is a long road, and steadiness and vision and record matters. when you look at mitt romney's records of ' i think that will prevail. you can't look at any one poll and make any final conclusions. number three there is a steadiness that you have to have to prevail in the republican nomination process as well as the election. what we see is when you look to find out who is the most knowledgeable, most capable, most electable, most steady candidate in the race with the best record it's mitt romney. and i can assure you that over the next six and eight months he'll continue to have the support and gain momentum and be the nominee. megyn: he may be all of those theurpbgs i think you would concede that he's not the most conservative of the picks that the voters have right now in the gop field, and is that proving to be a problem for him? is that why the election threat on the gop side seems to keep

favoring somebody over mitt romney? >> well, again, he's led many of the polls. megyn: he's led many. >> so it's not fair to say that he somehow is lagging. number two if you look at his record and his defining leadership experience in government as government of massachusetts he cut taxes and spending he dropped the unemployment rate, was strongly pro-life, strongly in favor of traditional marriage. so it's not as east i as other parts of the country. that is a conservative rofrd and direction, and the bonus is he can actually get elected and he has the skills and ability to be the president of the united states, so it's the total package. megyn: do you think he needs to be more personable. herman cain seems to be connect towed voters because, i don't know you seem to be having a conversation with him. mitt romney doesn't seem to have the same connection with a lot of voters. does he need to let his hair down a little bit more. >> he's been doing more than that. each candidate has his or her

strengths. we all have limitations as well. i think people in these economic times are looking for that person who is going to get this economy moving, growing jobs, who has the deep private sector experience. when you look at this field the answer to that is mitt romney. i know mitt, as he continues to campaign i think you're going to see that connection develop even further. he and his wife ann are very gracious, warm, wonderful people, great dad, great grandparents, great family members, gracious to their friends. over time that will continue to develop as the campaign unfolds and i think you'll see that side as well, megyn. megyn: what do you think when you see these attacks between governor romney and governor perry, in particular the attacks that governor perry has funded on governor romney which are pretty brutal and what some republicans are saying breaks ronald reagan's 11th commandment, thou shalt not attack fell republicans. >> there is going to be some

inevitable things back and forth. mitt romney is the strongest candidate in the field by far. there is going to be some back and forth. everybody understands that, and i think you'll see when people look at the merits here mitt romney, strongest candidate, best for the economy, and i think somebody who is most electable for the conservative cause. megyn: you debated all of these candidates, you were on the stage and in this race for a white. do you think that mitt romney will be able to hold his home if he becomes the nominee against another very good debater, president obama? >> that is a great point, megyn and the answer is absolutely yes. if you look at debate performance mitt romney versus the rest of this field it's been like the varsity playing the jr. varsity. he has had a number of debates. he has clearly stood out in terms of quality, forcefulness. knowledge, presentation. he's been graded at a levels compared to the rest of the fields in awful the debates. he's demonstrated himself not only to be the strongest leader with the best record when it comes to the economy and jobs

but the strongest debater. that will help against president obama. head-to-head against president obama there is one candidate in this field who is tied or beats president obama, and that is mitt romney. megyn: governor pawlenty we still get emails from some viewers wishing you were still in the race. we appreciate you coming on the program and hope to see you again soon. >> great to be with you megyn. megyn: new headaches for new jersey governor jon corzine. an investigation into mf global. that is a securities firm that filed for bankruptcy with corzine at the helm. they are looking into whether hundreds of millions of clients money went missing. they said it was $700 million yesterday. some say no money is missing. a republican senator calling out president obama. fanny mae and freddie mac were

bailed out. here is harry reid's response to the news. >> well, a gag reflex in front of you would be improper, that's how i feel about it. megyn: i think he was speaking of the bonuses. i'm going to have to clear that for you. i'm not sure he was reacting to the kwr-fd takin idea of taking away the money. 12.8million tkhra*rz much bonus money they are expecting to get. they received $170 billion taxpayer funded bail out. fox news alert on israel test firing a missile earlier today that could hit iran. the test was successful, the missile capable of carrying a nuclear war head and striking israel's arch enemy. now growing debate over whether the countries leaders are preparing for an attack on teheran's nuclear facilities after reports that prime minister knelt net is seekin benjamin netanyahu is speaking authorization for a strike.

leland vittert live. >> reporter: it puts iran's nuclear program back on the stage here. we have saber rattling coming from prime minister benjamin netanyahu's cabinet. it's a threat against iran and an implied threat to the united states and also to europe which is do something about iran's nuclear program or we, israel will. this is amateur video you're looking at right now of the jericho missile test which launched out in the past couple of days. it was a successful test. this puts iran's nuclear program well within reach of israel's nuclear weapons. a few years ago israel's 5-15's struck syria's missiles and that was with the tacit approval of the united states. if hit by israel iran will not only retaliate against i will real but also against the united states. if israel was planning a preemptive raid they would not

be talking about it in the way they are. ahead of this big report on iran's nuclear program it seems as if israel is once again saying, we will not allow iran to get the bomb if it actually comes to push or shove, megyn back to you. megyn: new developments now in america's third war, earlier this week we showed you exclusive video of a dea raid rounding up members of mexico's most notorious drug cartel right her on u.s. soil. wait until you hear what this bust uncovered. a grocery store nightmare, a little girl taken away from her parents over what they call an honest mistake over a $5 sandwich. a major update on the story which has prompted national outrage. bernie goldberg weighs in on the media's handling of sexual allegations that have surfaced against herman cain in the late 90s. that's next. >> who is the source of this story all these years later about herman cain? now, if politico made a deal

with the person not to mention him or her by name, fine, i have no problem with that. but we have the right to know the motive. sure. cake or pie? pie. apple or cherry? cherry. oil or cream? oil or cream? cream. reddi-wip us real dairy crm. nothing's more real than reddi-wip. helps defends against occasional constipation, diarrhea, gas and bloating. with the strains of good bacteria to help balance your colon. you had me at "probiotic." [ female announcer ] phillips' colon health.

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megyn: fox news alert on the economic front as we now await a news conference with federal reserve chair ben bernanke. it will hold its key interest rate steady at the historically range of zero to .25%. the fed sketching a better picture of the economy overall. it is holding off and action to boost the economy because it wants to gauge the impact it has already taken. new reaction now to the media's handling of the sexual harassment allegations made more than ten years ago against herman cain. two top republican sevens are now tearing into this week's coverage and alleging a double standard, insisting this a democrat would not face the same

scrutiny. others insisting that the innocence coverage is a result of mr. cain's race. listen to this exchange between charles krauthammer and herman cain on special ror las report last night. >> do you think that race, being a strong black conservative, has anything to do with the fact that you've been so charged, and if so do you have any evidence to support that? >> i believe the answer is yes, but we do not have any evidence to support it. but because i am an unconventional candidate, running an unconventional campaign, and achieving some unexpected, unconventional results in terms of the poll, we believe that, yes, there are some people who are democrats, liberals who do not want to see me win the nomination.

megyn: joining me now fox news analyst of bernie goldberg of bernard goldberg.com. thanks so much for being here. let's pick up when cain left off. do you believe as he believes that he's being targeted because of his race, and/or because he is not just black, but a black republican, a black conservati conservative? >> yeah, i think that is both a good question and a complicated question. no, i don't believe it's racism in any traditional sense. i don't believe that herman cain's critics in this case don't like him because he's black. but there is no escaping the fact that when black people are also conservative people that just rubs liberals the wrong way. so to that extent i think the fact that he's a black conservative is relevant, but it isn't racism because these people don't like him simply because he's black. it's more complicated than that. but, yeah i do think race is

involved in the way i described it. megyn: why is being a black conservative, you know, something that gins up the desire to have some in the mainstream media attack one? >> it's not just people in the mainstream media, i think it's liberals in general. for whatever reason, and i know i'm going to be criticized for using this term, black people are not allowed to stray from the liberal plantation. as long as they stay in line, as long as they let their liberal politicians tell them how much good they want to do for them and how much they care about them everything is okay. but when you have a black man present his case to america, and it isn't a case for big government, and it isn't a case for being protected by big government, i think it's a little chilling and frightening to the liberal establishment, not just in the media, just liberals in general don't like

that kind of black man. you know what else, they see him as a trader. they see him as a trader. he's a black out who is a conservative, he's a sell out. you know the names they've called him. they have called him an uncle tom, an oreo. it's really reprehensible. megyn: there have been white democratic politicians finding themselves under the media glare with regard to sexual allegations. there was bill clinton. anthony weiner recently. gary hart. none of them are black, they also got scrutinized once evidence came out of their sexual conduct. were those legitimate news stories and is this a legitimate news story? >> two points. yes i guess it is a legitimate news story when somebody running for president is accused of something like this. i tell you

what else is legitimate, and in my view at least is legitimate and may be more so, who is the source of this story all these years later about herman cain? now, if politico made a deal with the person, not to mention him or her by name, fine, i have no problem with that. but we have a right to know the motive, the motive of the person who leaked this story. so politico has anable tkpwaeugs, a journalistic obligation tan obligation, a journalistic obligation, the source asked for anna anytime a tee because he works for somebody else's campaign. or he works for the restaurant association took the documents improperly. we have a right to know, that is also legitimate. here is my latest handy, dandy rule of thumb. reporters will go after their own grandmother in order to get on the air or get in the newspaper, but they will always

salivate more when going after a conservative republican than a dibb ral democrat. yes they went after gary hart years ago as you said, absolutely, and he was a liberal democrat, but they ran as far as they could and as fast as they could from the john edwards story. and even clarence thomas' accusor was treated with much morey specht than bill clinton's accusor. give you one example. paula jones when she was a state employee in arkansas, accused bill clinton who was the governor of summoning her to a motel room an and exposing himself in front of her. given bill clinto her. she was slimed, they said what do you expect from a sleazy woman with big hair.

what has always bothered me, and i know these people intimately. what has always bothered me about them was their elitism. they are describing this accuse tpher the herman cain case as an ivy league graduate. how that is relevant is beyond me, but paula jones, she had big hair, she spoke with a southern accent, she wasn't terribly well educated, she just went to high school. that kind of elitism is disgusting and the permeates the mainstream media. megyn: do you think that the mainstream media or others in the media have been giving too much of a pass to these anonymous allegations. politico chose not to name the women involved in these two cases, which i found interesting. they are not sexual assault victims, at best they are would-be civil litigants, and not even that. they have their anonymity for private reasons. have the media given the women a

pass. having litigate aide lot of the cases, i can tell you some are legitimate and a lot are not legitimate. >> that's right. let's look at it this way. if a man is accused of rape, even if the accusor is a nut, like the woman in the duke rape case, their names -- there is no privacy concern for them by the media. their names are plastered all over the air and all over the newspapers, and then weeks, months, years later it says, oh, sorry, the woman was a little crazy and she made the whole thing up. in this case, this privacy, we're concerned about their privacy? you rightly say, she wasn't a victim of rape or anything like that. but if a man is accused of it, just accused of it there is no concern for privacy. so there is a great big double standard there. can i go back to an earlier question very briefly?

megyn: quickly. >> you asked about the race thing. can you imagine if herman cain were a liberal, and he was accused of this. or if -- and if clarence thomas were a liberal. i tkpwrarpb tee you weed be hearing from alsharpton, and jesse jackson and the editorial board of the "l.a. times," and the word they would be yelling is racism. i am not saying thinks racism, it's much more complex than this. if the shoe was on the other foot you know they'd be yelling racism. because he's a conservative they don't have to look out for his well-being at all. megyn: bernie goldberg, thank you so much, sir. we're take your thoughts on it at kell kelly@foxnews.com. new questions today about the president's re-election calm opinion and whether the call for change has given way to a call for patience. that debate just ahead. a young couple makes a simple mistake in a safe way grocery store and their two-year-old

daughter is taken away from them for some 17 hours. >> has she brushed her teeth? [ wind howling ]

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on a story we told you about at the top of the hour. demanding president obama cancel over $12 million in bonuses approved for ten executives at mortgage giants fanny mae and freddie mac. senate majority leader harry reid also reacting to the news of the bonuses and he is not happy either. >> well, a gag reflex in front of all you would be improper. that's how i feel about it. megyn: new developments today in

a bizarre shoplifting case. a 2-year-old in hawaii taken from her parents by child welfare services after they were accused of stealing from a grocery store. the couple says it was all a misunderstanding over a $5 sandwich. trace gallagher live in l.a. with this one, trace. >> reporter: nicole is 30 weeks pregnant, megyn she was in the safe way store in honolulu with her husband and two-year-old daughter. she said she was feeling lightheaded, kind of hungry. her husband was hungry as well. they grabbed pre made sandwiches and ate them while they shopped. they finished the sandwiches, put the wrappers in the cart. they got to the check-out stand, paid for $50 in groceries, but they say they forgot to pay for the two sandwiches totaling $5. they walked out of the store and were confronted by security. listen. >> as soon as they confronted us i immediately offered to pay. we had cash. >> reporter: ahh, but instead

the store manager came out and he called police. the cops showed up and they arrested mom and dad. now the police policy is if you arrest both mom and dad, well the child has to go with child protective services. so they take the daughter away to foster care, mom and dad go to jail overnight. listen. >> we didn't know where our daughter was. she didn't know what the situation was. she didn't have any clothes. they just took her right from the grocery store. >> reporter: so the daughter was returned 18 hours later. safe way says they conducted a full investigation and they are not going to press charges against the couple, not really good enough for this couple because now they are suing safe way, megyn for damages. cue the kelly court music. i think this lend up at 2:45 at some point in time. megyn: have you ever been walking through the grocery store and you dip your hand into the candy. you just want a sample, see if

that chocolate is something that you might like, gelee beans and like they are gonna couple of aisles later and you don't declare it when you check out. >> reporter: yeah, all the time. i have kids and kids eat stuff. they pick stuff up and eat them, you grab the wrappers and try to throw them on the counter. megyn: do you or do you just slide them in your pocket and say, i'm sorry it's like 5-cent -ts. >> reporter: yeah. megyn: they are going to wrapb me in a second i have to tell you when i was 12 years old i shoplifted. i got caught shoplifting at a k-mart. >> reporter: what? megyn: it was really my then best friend that made me do it. >> reporter: sure. megyn: we completely got busted by her mother who said, where did you get those huge star earrings and huge star plastic necklaces. it was halloween. my friend said, megyn's mother bought them for us. she said i'm going to go call mrs. kelly. you two girls better go down to the basin and hope mrs. kelly said she had two pairs of the

neck class and earrings. we went down to the basin and prayed to god that my mother would lie for us. she did not. the mother came down to the basement and said your father will be over to take you back to k-mart so you can confess after he finishes his meat loaf. we had to go down to the k-mart and confess our crime to the manager of the k-mart. he told us we could have been arrested, and i tell you what, never stole anything again. that was my life of crime. >> reporter: your dad was well justified in doing that, he's a good dad. megyn: i'm reformed now. unlike lindsay lohan i did my penance and i learned. that's it. >> reporter: you did. criminal. megyn: see you, trace. >> reporter: see you megyn. megyn: that's it. now i won't be able to run for president or become a supreme court justice because i confessed my crime on national television. sorry k heart but thanks for not throwing me in the slammer. we returned the jewelry, even

though we got away witness, sort of. moving on, president obama campaigned for the white house in a message of change. some political critics say his new message is 180-degree turn. we are on the campaign trail in three minutes. this is no movie, an update on a dea raid that rounded up members of mexico's most notorious drug cartel. wait until you hear what they found right here on u.s. soil. [ male announcer ] cranberry juice? wake up! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

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megyn: new developments now on the gun running sting tpwopb wrong for the department of justice. we showed exclusive video of the dea rounding up drug cartels on u.s. soil. guess what else they found? guns. the same guns the feds were supposed to be tracking as they were purchased in arizona and then shipped right into the hands of mexican drug lords. william la jeunesse is live in los angeles. william. >> reporter: critics often called the border a revolving door. today stunning evidence of why and what happens when government agents knowingly allow guns to walk or not stop them. last week we joined police for a billion dollar bust of the sinaloa cartel. cops arrested 76 associates and seized $800,000 in cash. on monday police held a news conference announcing their accomplishment. but get this. five hours later they arrested this man, driving 50 miles an hour in a school zone with

1.6 million in heroin and meth in the same county he was arrested. the feds could have prosecuted him for felony re-entry but they did not. it's discouraging police say to execute a year-long investigation and watch the smuggling ring reconstitute in days. also police say along with the 108 weapons seized in last week's bust two belonged to that controversial operation fast and furious. >> the threat from these guns that are in the hands of the most violent criminals that come into our state pose a threat not just to our officers but to our families in arizona. >> reporter: discovery of the weapons under score why unlike drugs typically the atf policy is not to allow guns to walk or disappear. this was basically a pinal county operation with ice. back to you. megyn: william la jeunesse, thank you.

remember the one word president obama used to define his campaign for the white house with? remember this? >> we are choosing hope over fear. [applause] >> we are choosing unin a tee over division and send ago powerful message that change is coming to america. it's been a longtime coming, but tonight because of what we did on this day, in this election, at this defining moment, change has come to america. now if one voice can change the room, it can change a city. and if it can change a city, then it can change a state. and if it can change a state it can change a country. and if it can change a country it can change the world. megyn: now it seems that message is changing, as he campaigns for a second term. >> sometimes the pays of change

is painfully slow. i want you to understand that we've got more work to do. >> these are problems that built up over a decade or more. they won't be solved overnight. it's going to take time to rebuild an america. >> we never said this was going to be easy. we never said that change was going to happen overnight. the problems that we confront didn't happen overnight. we weren't going to solve them overnight. >> the problems that we developed didn't happen overnight, we're not going to solve them overnight either. but we will solve them. megyn: so is president obama's new message patience and does that resonate with voters. joining me now is monica crowley, and tkepl strat i can stratist, tara dowdell. it's interesting to see the shift in mood and message,

monica. >> and tone. a couple of months ago he went on the daily show with jon stewart. and jon stewart who is a big supporter of president obama said what happened to change we could believe in. president obama responded it's change we could believe in but and he went onto say. it became a tag line, change we could believe in but. in 2008 he had a very resonant message of hope and change. he was positioning himself as the transcendent guy who was going to sit above all of it and change the way washington and the country worked. none of that has come to pass. in fact his economic policies did take a bad situation and made it worse. so he's got a very difficult time because what i think his huge challenge is, even more so than the economic news, which continues to be very bad for the united states, his challenge, megyn, is that he built his whole brand, the obama brand, on the up lifting message of optimism, hope and change, change you can believe in. so now to turn around, and he can't run on his record any

more, so now what he has to do is do sort of the fear and loathing message, and a scorched earth campaign against whoever the republicans put up, and that is so jarring to the 2008 brand. megyn: there is no question the message has changed. separate and apart from his economic policies, does this affect him? because there was a ground swell of, maybe this guy is different. you know, maybe he will bring a new kind of politics to washington. and even just hearing his own shift in tone it sort of leads to you believe his shoulders are a little lower, even he feels dejected by what he's seen since he's got even there. >> megyn you're absolutely right. there has been a shift in his tone and message and the president has to face the fact and this is what he's doing. the reality is the economy is getting better. we were losing 750,000 jobs a month when he took office. last month we added 103,000. so it's getting better. for those not touched by the progress they are suffering.

for those people they are not feeling very hopeful. the president understands that. he has to contend with one big issue that will continue to drag him down, the republicans have made a devious and in my opinion shameful decision to block everything that he tries to do. the infrastructure bank, which republicans have supported in the past, the chamber of commerce support it and testified in support of and they are blocking these initiatives. megyn: part son ship, we thought that he could come in, the election threat and change that. he was saying he could work with both parties and he was about country and he's saying that now. is there evidence that that will actually happen under his administration or anybody else's? >> i think the reality is the republicans like i said they made the strategic decision to block him. what they saw was -- megyn: if we get a republican president in are the democrats going to do the same thing? >> probably not, they rolled over, some of them for the iraq war. probably not. we've been compromised a lot as democrats.

>> if the president wants to make that argument good luck with that. the first two years of his administration he had a filibuster majority in the senate, a huge majority in the congress. he was able to get through anything he wanted to. megyn: the big thing he got through there was the healthcare law. that us what the big thing. has there been a more devisive moment in his presidency than that stpwhopb. >> it passed without a single republican vote of support in the congress. we have never experienced this before in the united states where we have passed a piece of major social legislation without by part son support. it was unpopular when it passed. the american people didn't like what it was doing to the greatest healthcare system in the world, even though we did need reform this is not the reform they wanted. you know what, support for repeal has only grown since this thing has passed. when you look at the jobs situation, megyn, what you can actually pin to, because the economy was actually adding jobs until the very moment obamacare was passed. >> no. >> and people backed off, businesses backed off, yes.

>> we were losing 730,000 jobs. megyn: i want you to respond to this. because he came in and then he passed healthcare reform an had no republican support and then he sort of rammed it through because he didn't have the 60 votes an changed the procedural mechanisms and so on. my question to you is can he point the fingers at the republicans saying, they don't work with me, they are obstruction tph*euss on everything when he did that to them. that was not a shared deal. did that poison the well for the two parties to work together? >> absolutely not. and i will tell you why. the president obama's strength as you illustrated in your clip is that he could unite the country. if you're a republican strategist you sit in a room and say how can we take this guy out. you take away the one strength, you take away the thing that you know people resonate to. if you can take that away that's how you make him a one-term president. he has cooperated with extending the bush tax cuts and also in

his jobs bill every single one of those initiatives previously had b bipartisan support. why not now. megyn: the liberal base accuses him of being weak,. >> they literally shutout the republicans from debate from adding amendments even from the internal discussion. megyn: the other thing you notice in all the clips is he looked so much younger. that job is just so stressful. thank you both so much. >> thank you. megyn: oh, baby, new allegations that justin bieber fathered a love child backstage. now the bieber camp is firing back. by the way i was at that concert. the defense rests in the manslaughter trial of michael jackson's doctor, but before the lawyers make their cases for guilty or not guilty, closing arguments from our own defense and prosecution attorneys, next.

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megyn: kelly's court is back in

session. on the docket today the final opportunity to sway jurors in the manslaughter trial of michael jackson's doctor. >> are there any additional witnesses or any additional evidence to be presented by the people, mr. walgren? >> no, urns. >> the people rest their case. >> yes, subject to receipt of exhibits. >> subject to receipt of exhibits mr. kherpb off are there any additional witnesses or evidence on behalf of the defense. >> no, judge. >> and subject to the receipt into evidence of exhibits the defense rests it's case. >> yes. >> thank you. megyn: the freedom of this man dr.~conrad murray hangs in the balance. joining me fox news legal analyst lis wiehl and a defense attorney and former prosecutor mark iglarsh. the judge in this case dealt the defense a major blow yesterday.

he basically ruled, lis, that he's going to issue this jury instruction that even if jackson took the propofol himself that they can find murray guilty of manslaughter is that it? >> absolutely, it's devastating for the defense. all he had to do was give michael jackson access to the propofol, even if you you buy that michael jackson somehow miraculously took the phroep r-rpropofol, if murray let him have it then he is guilty. megyn: the defense argued hard against it. it looks like they lost. the jury is going to hear that. is there any way they can possibly get a defense verdict notwithstanding that instruction? >> absolutely. it's called a jury pardon. it happens all the time. it's when jurors think, all right he might technically be guilty, but because of the facts as presented we're willing to excuse the conduct. i'd also like to seat instruction. i don't think it reads as black or white as you or others are reporting. i don't think a judge can say if you find that propofol was administered on a day end

nothing y he must be guilty. simply that's what it sounds like. megyn: it's not going to be quite that bad. listen, we're going to do it the way we do it in an actual courtroom. the prosecutor will go first. she has the burden of proof. and then mark will go. you tell us how is the prosecution going to close tomorrow. >> your honor this is a case about a doctor who killed his patient. he killed his patient by giving him propofol. he killed his patient by then leaving the room, by leaving his patient in a room alone with a lethal dose of propofol. this doctor did not call 911. this doctor did not tell the paramedics that michael jackson had taken that propofol. this doctor did not tell the treating physician that he had taken this propofol. this doctor then tried to hide the evidence. we saw the bottle of propofol that was left there in michael jackson's room, michael jackson's fingerprints weren't on it, dr. murray's were.

michael jackson you heard from him, his last messages to dr. murray where he said, help me, help me. doctors are meant to help, they are meant to heel. this doctor did not. this doctor may not have set out to kill michael jackson but this doctor did. megyn: good, she's good, mark. >> powerful, sure, guilty, oh, i'm sorry, wrong side. megyn: objection sustained. more with the defense closing argument from mr. mark igarlarsh right after this break. - i volunteered. - i was drafted. - i enlisted. - i was nervous. ,

for all who served and all who serve, we can never thank them enough.

court is the judge in the black robe would then look at mark and say, counsel? >> yes, may it please the court. ladies and gentlemen of the jury, this was a tragic accident for which only one person bears

responsibility, and that's michael jackson himself. for 60 days dr.~conrad murray was treating michael jackson's insomnia the way that michael jackson demanded, and that was with the use of propofol. now conrad murray's plan was to wean him off of the propofol, but michael jackson wouldn't have that. and when he demanded his milk conrad murray wouldn't do it. michael jackson waited till conrad murray left the room, approximately two minutes when he went to relieve himself and michael jackson seized upon that opportunity to take the syringe and inject himself with a fatal dose that ended his life. that was th the intersraoepbg cause of his death. they allege that dr.~conrad murray was insensitive, greedy and selfish. what the attorneys say is not evidence. we saw something completely different. this is a man who loved michael jackson, who never abandoned

michael jackson, and who mourns for this tragic loss. ladies and gentlemen, the only verdict that speaks the truth in this tragedy is not guilty. megyn: not bad. let me just do a studio pull. guiltpoll. guilty or not guilty. >> guilty. megyn: didn't workout for you, mark. >> guilty too i didn't necessarily buy it either. >> good lawyer you can argue out of both sides of your mouth. megyn: we can all agree the defense has an uphill battle here. if they pull out a not guilty here it will be quite the legal maneuvering and legal victory for ep them. >> hung jury is the best they could hope for. he did zoom things terribly wrong. >> that jury instruction is key that we were just talking about. if it is what we think it is that will be very hard to overcome. just leaving that propofol out is enough to get the conviction on involuntary manslaughter. >> if i'm the prosecutor i put up dr. shafer's words, i wrote

this down, i thought it was awesome, that a person from five feet away who isn't being monitored looks the same as if he was about to die as if he was about to live. you've got to monitor somebody. >> i would use white the defense witness who said absolutely not, he would never give propofol in a room like that. megyn: lis, mark thank you so much. see you tomorrow when closing begins. the beebs faces accusations he is having a 20-year-old child wita child with a 20-year-old woman. that is coming up.

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>>megyn: teen girls are on age that justin bieber is a father. a defendant-year-old woman slapping him with a suit saying he is the father of the three-month-old child. the woman has filed a court paper demand he take a test. the two had sex after they met back stage at a concert and a spokesman