autistic children. washington state told him added a list of people put themselves in dangerous situations. all because he used pepper spray to break up a crowd. sound like he is doing good work. bill: we're here friday, right? martha: of course we are. bill: see you then. martha: see you here tomorrow we hope. have a great day, everybody. jon: we begin "happening now" with this fox news alert on your bottom line. right now the dow is up about 91 points. the markets climbing after new reports that a greek vote on the european bailout plan has now been scrapped. investors seem to be breathing a bit easier. greece is the reason your 401(k) has been on a roller coaster ride the past few days and even months. in just moments we'll go live to athens for the latest developments on that vote question there. jenna: we probably have a little responsibility as

well for some of that market volatility with our debt situation. jon: a little bit. there was the mf holdings thing. jenna: a lot going on in the markets today, everybody. we'll cover all the economy news for you. we have politics to get to as well. we're glad you're with us. i'm jenna lee. jon: i'm jon scott. we're here in the fox newsroom. "happening now." another woman coming forward with accusation of inappropriate behavior by herman cain. all the campaigns seem to point fingers at each other who brought this up. jenna: a lot of different reports. chief political correspondent carl cameron in washington. >> reporter: there is report upon report upon report. start with this report though. the cain campaign blaming the texas governor starting all of this? >> reporter: yeah, it happened last night on "special report". on that third woman briefly, mr. cain interacted with her at national restaurant association outings. they were always in a group

and never alone. this third woman who emerged via associated press. as for the circular firing squad become this aspect of the cain campaign and controversy over these years old sexual harrassment allegations last night on "special report" the chief of staff for the cain campaign pointed squarely at the texas governor rick perry's campaign. listen. >> the actions of the perry campaign are despicable. rick perry and his campaign owe herman cain and his family an apology. both the rick perry campaign and "politico" did the wrong thing by reporting something that wasn't true. >> reporter: now, the person mr. block specifically, and mr. cain specifically have identified is a former cain 2004 senate campaign gop consultant who is now working for perry. that individual will be on our air in just a little while to explain why he had nothing to do with this.

in the meantime, just moments ago here in washington, in georgetown as a matter of fact, the lawyer for the first accuser in this long-standing story has said she has decided not to come forward. the lawyer, joel bennett, has said that he is going to try to get a statement, agreed to by the restaurant association allowing the woman whose name has not been released to offer up her version of what happened to contrast cain's denials. very clear she doesn't want to come forward. that is what the lawyer said. listen. >> she had nothing to do with this becoming public and with, is anxious for it to go away. >> reporter: and so bennett will not seek to have the confidentiality agreement waived but will instead propose a statement from the woman that would be in direct contrast to cain's accounts of the story. it is not clear whether or not that will be approved. it could take a day or so before it is actually decided. jenna: a lot of allegations and different reports. we'll have to use a die great many to explain them

all. we have our next guest who is very good that. breaking news as it happens. keep it here on "happening now." as carl mentioned at the bottom of the hour we'll talk to curt anderson he is advisor to rick perry's campaign and worked with herman cain on the 2004 senate run. got that. he is connected to both. those allegations moments from now. in the meantime jon has more on this. jon: we are joined by karl rove. a former senior advisor to president george w. bush and a fox news contributor. not a good week for the cain campaign. >> no. and the week is not over and we're likely to see a second week. jon: the "rasmussen poll" came out yesterday taken after two days of this drumbeat of media stories about these harrassment allegations indicated he was not hurt very much by the allegations or reaction to it. >> that's normal. there is a rally around the candidate phenemenon that goes on, particularly since it looked like he was being

so unfairly attacked over the weekend that was the first reaction. we'll see how it plays out over the long haul. it has been a bad week because he had shifting stories. first this waser. he didn't know anything about. about involvement with one person and turns out to be 2 1/3 person. we have another person coming forward in the form of assistant to a very popular radio show host in iowa who apparently, something mysterious unpleasant inappropriate went on. this is not a good week for herman cain. jon: getting the stories straight would have been the first order of business? >> absolutely. not only that, they apparently knew for for 10 days to two weeks this was coming. what you do in crisis communications you sit down say, what do we know. get the lawyers in the room. figure out what the facts are. how will we respond to this? and get all the facts and all the story ready at beginning. the worse thing is to have a shifting story which is what we saw here. jon: he is running for

president obviously. wants to replace barack obama. 74% of americans say this country is on the wrong track right now. in the past that has basically, i mean, numbers like that have basically automatically denied a president re-election. is that going to happen this time? >> i wrote this in my column in the "wall street journal" about this. you're right. 74% of the american people told nbc saying they think the country is going wrong direction. no president has ever been reelected. jon: suggests a shoe inn for republicans. >> no it isn't. no president has ever been reelected. consumer sent mapt. even presidents who left have had better consumer sentiment numbers obama has had year out. it is folly to think any republican will beat president obama. it will require a disciplined campaign because president obama will have a disciplined effort to undercut the republican nominee. jon: real quickly, republican dissatisfaction

with the field widely thought to be true. you say it is not. >> it is not. if you look at polls. the republicans have, gone from, in the 40s to the 60's in terms of their enthusiasm from the field. comfortable with the field. i remind you at this point in 1991 only in the teenses democrats, 18% were comfortable with the democratic field. bill clinton went on to win election. republicans are far more enthusiastic about their field than democrats then and far more enthusiastic than we might know at this point. jon: history lesson from a guy who knows the numbers. karl rove. jenna. jenna: closing arguments about to get underway in the manslaughter trial of michael jackson's personal doctor, conrad murray. he is accused causing jackson's death by giving him a powerful drug to help him sleep. house has been there since the beginning. he is live in los angeles. what do we expect today? >> reporter: jenna the attorneys will be in the courtroom with the defendant in about 20 minutes or some closing arguments will begin

30 minutes after that. 50 minutes from now closing arguments begin in the case against conrad murray. he is accused involuntary manslaughter, one count in the case of michael jackson's death in 2009. there has been 22 days of testimony so far. today will be 23. spread out over the course of six weeks. today closing arguments from both sides will take place. depending who you talk to in the courtroom it could be a shorter version or coulding a longer version. no one knows how long the closing arguments will take. once they are completed then that jury will have a chance to contemplate whether or not dr. murray is guilty and whether or not he should potentially go to jail for that. we know the jackson family is here yet again, joe and catherine are arriving 10 minutes ago. they're inside the courtroom. we belief latoya is here as well. they have been here pretty much every day since the outset unless they have gone to a special event for commemoration of michael jackson. there are more people out here protesting, jenna as we

expected. we the had to first couple days of trial and most went home. now they have come back. jenna: there can be a circus outside but inside there is one jury. what do weigh know about this jury? >> reporter: there are seven men and five woman. according to, we were in there the first couple weeks. we have a court observer. one of our producers has been there every single day. and he and a couple other people friend with, we talk to every day, they say that this jury was, they were very focused, i mean from the outset. they took notes. they paid attention. they were watching every witness. but the last few days, when somebody, some of the more expert witnesses took the stand, you might remember dr. paul white for the defense went back on the stand. dr. schaeffer, those two main experts everyone has been talking about. they tell us the jury was not nearly as focused. they weren't paying attention as much. they were over it. you can see yuri mouth i want to case to get over. that is something both sides have to take into account,

jenna as they begin closing arguments. do you risk upsetting jury? we know dr. murray didn't testify. that is something you take into account also. it is curious if the jury find him guilty afterwards. if they decide to talked to media, what their decision will be and whether that played any part and whether the judge allowed that to play any part, jenna. jenna: lots of different sides to the story, jenna. thanks for your coverage. we'll be back to l.a. as news warrants. meantime we go around the world, jon. jon: greece, jenna is at the center of the financial world. hard to believe such a small country. all eyes are on athens. a new report on a vote on that european bailout plan is now off the table. president obama joining leaders in france for the g20 meetings today but, the gathering is overshadowed by the political developments in greece. all of this having a huge impact on our markets here. our markets seem to like the fact that that vote is off. ashley webster of the fox business network is in athens.

what's the latest on all this, ashley? >> well, jon, i've got to tell you the headlines here seem to be changing every five minutes or so. yes, we understand that the referendum is off the table. but don't hold your breath. it could be back on the table. it all depends on greek prime minister george papandreou who was reportedly going to resign this afternoon as call for a coalition government that would rule greece, scrap the referendum and call for new elections at the start of next year. that apparently is not happening even though cabinet ministers in the greek parliament build having urged mr. papandreou to quit, call it quits and resign but he apparently will not do that. he is scheduled to have a confidence vote in the greek parliament building behind me tomorrow night. already members of his own party have turned their back on him. this means he does not have a mart. lori: in parliament which

means he would lose that vote of confidence. sparked by his call for a referendum. he says the greek people should have a right to decide on their future. but for the rest of the eurozone that announcement came as a huge shock. they were very angry. greece needs another $11 billion in bailout money to help pay its bills. the european union says you're not getting that money until you get your own act together. it has been a remarkable day. there is long way to go until we have the confidence vote late tomorrow night we understand. but in the meantime the political play and jockeying for positions and issues continues to go on, jon. jon: all right. that small country for all its historic contributions to mankind rocking the world right now. ashley webster. thank you. jenna: we're going to stay overseas for a moment now and talk a little bit about nuclear war with iran. could it actually happen in our lifetime? is it on the horizon? israel's latest missile test

uping the ant teen -- ante. we'll see what it means for the region and us as well. new information on a millionaire girlfriend's death in california. geraldo rivera with the latest on the bizarre mystery. herman cain blames a former staffer that now works for rick perry for leaking allegations about sexual harrassment that man joins us live with his side of the story. ♪ more, more, more... get more with honey bunches of oats 4 nutritious grains come together for more taste, more healthy satisfaction. get more with honey bunches of oats. the world needs more energy. where's it going to come from?

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jenna: nuclear war in the middle east, reports out of israel warn it could happen if the prime minister gets his way. again only reports and this one comes just as israel tests a missile believed capable of carrying a nuclear warhead to iran. israeli military leaders say the drill was planned months in advance. it had nothing to do with recent speculation about a possible strike on iran. let's work through some of this this is very important, israel being our major ally in the middle east. jim walsh, research associate at mit securities

studies program join us now. jim, a lot of different reports, a lot of conflicting reports. what is going on here? >> what really triggered this, jenna are the reports that you referred to that suggest the prime minister and other important cabinet members are trying to persuade other cabinet members to sign off on a military strike against iran's nuclear reactor. there were developments today, further press accounts that suggest that the israeli military is pushing back as well as former officials in their intelligence agencies saying this would be a terrible idea. that is all in the newspapers. now, if i try never to say never but, i am a little skeptical about this. we've seen this sort of stuff before where israel makes, claims that iran is close to having a bomb, it is going to strike but it would be a big risk and would be a big slap to the united states if they went off and did this. so i'm going to remain skeptical even though the reports are growing every day. jenna: here is what an

israeli official said on a radio program and i'm just going to read this quote because it really struck me. quote, the military option against iran is not a an empty threat but israel should not leap to lead it. the whole thing should be led by the united states and as a last resort. what do you make of that comment? >> well i think that really puts the finger on a key point here which is a lot of people are interpreting this controversy as really an attempt to put pressure on the united states and on the international community to take a tougher stand against iran. israel does not want to be the one that carries out the strike alone against iran. they can do it. it would be militarily little challenging but they could probably pull it off. they're living in a region which is in turmoil. the arab spring makes it uncertain where they live. they just as soon have the united states do it. by threatening to do it that puts pressure on the u.s. to step up and do more about iran. jenna: why would israel come out of these comments now whatever the strategy is and

we're still debating what that is? why now, with everything we've seen from the arab spring why now would israel want to put more pressure on anyone in the international community? >> jenna, that's a great question and i think it is question to ask. frankly not much has changed fundamentally with iran's nuclear program. it is steady as she goes, two steps forward and one step back. there is no major break through. it is not closer to a bomb this week than it was last week or will be next week. why, people speculate important meetings in vienna with the international atomic energy agency and p5 plus one that group of countries meet with the united states to talk about what to do about iran that they may be meeting soon. there is speculation that this is intended to pressure them. it is hard to look at the situation to say anything has really changed. iran has an enrichment program. they continue to work away at it. it is not substantially closer to a bomb than it was anytime recently. jenna: i only have 30

seconds about this. we spend so much time about israel strategy. what about the strategy with iran? if you could break it down real quick, jim. what is the key components to make it successful strategy. >> i think the key strategy is sanctions, sanctions sanctions particularly as we go into election year. it is hard politically to have the space to negotiate. in at the end of the day negotiation will have to be part. unless we invade iran, iran will have to sign something where they get something out of it and we get something out of it. but i don't see that happening anytime soon. >> jim, we haven't seen you on your program in a long time. nice to have you with us again, sir. >> good to be back. jenna: thank you. jon: no lights, no heat, for about a million people days after a freak october snowstorm. why is it taking so long to get the lights back on? plus she was found bound, naked and hanging from a balcony at her boyfriend's california mansion. there are some new developments in the mysterious death of rebecca

zahau this summer. geraldo rivera has been speaking with those close to the case. he joins us coming next. as a home, there are things i'm supposed to do. like, keep one of these over your head. well, i wasn't "supposed" to need flood insurance, but i have it.

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jenna: welcome back, everyone. new developments in the bizarre death of a millionaire's girlfriend at a california mansion. police say suicide. rick has new information. >> reporter: we've been following the case of rebecca zahau. we want to update you on a few things that came to our attention. this woman was found hanging naked and bound and gagged from a balcony. it was ruled suicide. the family doesn't believe it. as we told you last week the

body was recently exhumed. a second autopsy was performed. the results of that will be announced on the dr. fill show. apparently he helped to pay for some of this stuff. the beachfront mansion where zahau died has been sold. her boyfriend, pharmaceutical executive jonas shacknai not interested in keeping the place especially where his 6-year-old son fell in an accident that resulted in his death two days before rebecca's body was found. the lawyer representing the zahau family, anne bremmer reportedly shopping a book and movie deal based on the case. she said the suicide ruling by the sheriff's department doesn't pass the smell test. bremer has been apparently been working for rebecca's family pro bono and has history of taking high-profile cases that later get turned into movies or books. jenna: rick, thank you very much for that. jon you have more on this now? jon: for a more on this very strange case a guy who has

been talking to some of the principles involved. geraldo rivera. he is anchor of "geraldo at large". you spoken to cyril wecht that notable medical examiner who just did an autopsy on zahau. >> the got off the phone with dr. cyril wecht who i known for many years and i spoke before that with anne bremmer the reporter rick was talking about. the attorney who is shopping a book purportedly. but dr. wecht does confirm that he believes after performing a second autopsy that a suicide is highly unlikely. that is a quote from dr. wecht and quite improbable. so that is fairly dramatic, that dr. wecht is making that statement. he says the cause of death in the case of rebecca zahau should have been listed as undetermined. he believes there was a rush to judgement by the san diego sheriff's department and that the investigation was incomplete. so that's relatively dramatic although does now tip the hand, the program that "dr. phil" program is

scheduled to air next tuesday, the 8th of november. insofar as anne bremmer, the attorney in seattle who most recently was noted by being the head of the friends of amanda knox movement to keep amanda knox, the accused american student abroad in the news on the headlines. anne bremer told me an hour ago, quote, i'm not shopping a book. i'm trying to solve a murder. that's why she is explaining the lunch shown she had with ann rule, the 80-year-old dean of true crime story writers. she hopes to get, she was picking ann rule's brain. hopes to get ann rule involved in the case because ann rule, the author, has a great investigator and i, anne bremer can use all the help i can get. jon:. jon: but even though cyril wecht is apparently suspicious about the autopsy results or suspicious about the cause of death here that doesn't amount to a hill of beenls. coroner in san diego already

made his ruling right? >> the coroner made its ruling. it is very high functioning office. most forensic experts who checked the case out at least tangentially believe the official ruling is probably correct. what they hope to do, jon give enough facts and circumstances -- let me give you one. there is the official story at 12:30 in the morning, rebecca zahau received a call from the hospital suggesting that little max, the 6-year-old who fell on her watch, she was in charge of the child at the time, had turned for the worse. so it is presumed that that 12:30 call is why rebecca al-sawahiri -- zahau was so despondent conducted a bizarre suicide with her hands behind her back and everything else. there is no call, anne bremer says that call was ever made from the hospital. more importantly they say two witnesses between the hours of 11 and 11:30 heard a woman screaming inside that mansion.

11, 11:30 an hour supposedly before the call that precipitated suicide. jon: that is why there are some questions. geraldo you will be with us next hour. >> i'll be here. jenna: buying you flowers can land you in jail. apparently a federal crime violating a little-known law on the books. we'll have a live report on that coming up. our top story. the sexual harassment accusations plaguing the cain campaign. his campaign claims the allegations were leaked by a former staffer who now works for rick perry. that staffer, curt anderson, joins us live moments from now. so who ordered the cereal that can help lower olesterol

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get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. jon: a fox news alert and some breaking developments now on our top story the fingerpointing over the herman cain sexual harassment allegations. herman cain's camp is now blaming a gop strategist, curt anderson, for leaking the story. anderson, now a member of the perry team but back in 2004 he also advised cain on his unsuccessful senate campaign. kurtland anderson joins us now. -- curt anderson. back in 2004 did he speak to you about these allegations? >> no, he didn't. let me start off when i say sound odd in these circumstances. i really like herman. i have great reguard for him. i have great respect for him and great conservative leader and genuinely good

guy in my experience but this is not something he ever mentioned to me. jon: you're doing this interview why? >> well, because, they have gone out and said, you know, some things about me that are not true. and you know, i think in these situations this is exactly why people hate politics all this foolishness. the best thing to do in any situation like this is just tell the truth. i didn't know about any of this stuff. i didn't peddle it to any reporters. quite frankly i will also say this. if someone tells you something in confidence and you go out and you tell other people, that is unethical. i don't live my life that way. and, you know, i don't think anybody should. i think transparency would be best thing here for everyone. jon: but by saying that you, by accusing you in effect. leaking this information, that you say you never even heard about, isn't mr. cain basically acknowledging that he was aware of the charges back in 2004, these charges that he, initially said he basically had no memory of? >> well, i have no way of

unpacking what he was aware of or you know, when or any of that. i mean, i think people need to understand one thing about this these campaigns are very difficult on candidates and this last week has been really tough i'm sure on herman and people get under a lot of pressure and, sometimes they crack and get a little unraveled. i think when herman cain is talking about his vision and his goals and his convictions for america, i think he is in a good place. he really ought to get back to doing just that. jon: but it raises a lot of questions about veracity and trust if the story keeps changing and it has been changing. >> yeah. it's unfortunate. i don't think that they have handled it well but again, the only way, my dad told me something a long time ago. when it doubt, tell the truth. so that is only reason i came on today. you know, you only have one reputation, and you know, i think a person's character and integrity are about only

things they have in this life and i wanted to come on and say -- let me say one other thing. all this stuff about who leaked whatever, any reporter in the free world is free to anything to anybody that i ever said to them about can herman cain. i give them carte blanche to do that because i have absolutely nothing to hide. i have genuine affinity for the guy. jon: final question, nobody working for the perry campaign told you or as far as you know, let out this information about herman cain? >> absolutely not. jon: all right. thanks very much, curt anderson, who was an advisor to herman cain in 2004. now working for rick perry. thank you. >> thank you. jon: keeping it fair of balance, herman cain's chief of staff mark block will be on fox later today. will sit down with the megyn kelly on "america live", about an hour and a half from now. jenna: well you could end up in jail for breaking a law you didn't even know existed

how about that? happening to lot of americans, apparently. that led to more than 4500 federal crimes on the books. some recently created offenses include things like not using a proper mailing label. i bet jon scott has done that one. jon: i'm a violator, yes. jenna: selling orchid also on the books. shannon bream live in washington. how serious, we're making light of it, but 4500 federal crimes is a lot. how serious is this problem? >> reporter: jenna, you're right. to give it some context and look at numbers and where we came from. way back in 1790 congress created roughly 20 federal crimes. fast forward today, we should mention there are 4500 federal crimes is but interesting thing a lot of federal officials can't even get around exactly how many there are. it has grown so quickly. real life example. bartender, jason works in the d.c. area. used to do a fire-breathing trick in the bar at midnights. it was about attention to bringing attention to fallen firefighters and soldiers, his friends.

he was doing it 15 years until a fire marshal showed up and waited until him to do the trick and arrested him. took him away in cuffs. faced felony bomb-making charges but was later cleared. he had no idea it was a felony offense that almost landed him in jail, jenna. jenna: felony is serious. what is driving this enormous growth rate of crimes? >> reporter: researchers say it starts on capitol hill. somebody proposes a law has to do with cracking down on a particular crime. that sound good. no lawmaker wants to be seen soft on crime. we talked to brian walsh who wrote a book on this topic. here is bit what he told us. >> one of the way he told us because we lost the fundamental principles what criminal law is supposed to do and understanding that it needs to be limited because it is such a great power we are now in a state where nobody wants to be seen as being quote, soft on crime. >> reporter: so they vote for these laws. they pile up on the books. now there are folks saying some of them need to be repealed, jenna. jenna: politicians on the

hill, they're a little busy these days. what are the odds that lawmakers actually start repealing laws like, selling orchid for example? >> yeah. it is really touchy because some of them are so specific but a lot of folks who say, don't count on it because once a law is on the books it doesn't look good for a lawmaker to say, hey, get rid of crimes. they run into the problem looking like they're too soft on crime. i talked to roscoe howard who used to be the u.s. attorney here in d.c. you have to think about this because what it means if you start repealing the laws. it means less options for prosecutors going after legit criminals. here is his side of the argument. >> as a prosecutor you want access to lots of statutes. you want to have some flexibility when you're dealing with individuals that you think are breaking the law and you're trying to come up with options, sometimes creative because of the nature of it. >> reporter: so one of the main objections folks have with these laws a lot are passed without intent requirement. you saw that with the bartender. he didn't know he was choosing to do something

wrong. without intent in the law a lot of people think it shouldn't be a crime in the first place. jenna: make a great point. you want to be balanced. you want criminals off the streets. bartenders breathing fire. >> not so much. jenna: shannon. thank you. >> reporter: thank you. jon: up next in these days of hue unemployment we'll take you to a place that has so many good-paying jobs they can't find enough housing for everybody. up next we'll talk to the mayor of one of america's biggest boom towns. we'll tell you where the economy is so good, people from across the country and around the world are pouring in there. also this is not athens. you're looking at oakland, folks. occupy wall street protesters, the west coast version, clashing with police there. it's a movement getting out of control in that city. how demonstrators shut down a vital economic hub there. [shouting] [ male announcer ] there are only so many foods

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jon: big changes may be in the works for the u.s. military in afghanistan. a report that the white house is considering a new strategy that would scale back u.s. combat duties way ahead of the planned withdrawal but is this what military commanders on the battlefield believe to be the right move? jennifer griffin at the pentagon for us. what do we make of this leaked report, jennifer? does it have something to do with the bump in approval ratings the president saw when he announced the troops would leave iraq by christmas? >> reporter: it's certainly possible. i'm hearing from multiple sources that these reports in fact are true. that the white house is considering, is considering how to transition faster in afghanistan before that the 2014 deadline handing over more areas to the afghans. they're asking the pentagon to come up with plans even though we're hearing from white house officials and the official word from the pentagon they are still denying these reports in

public. take a listen to ben rhodes, the national security advisor who was in cannes with the president today. >> if there is any specific timeline beyond what the president has already laid out which is we are going to bring 10,000 troops out of afghanistan by the end of this year. we're going to bring 33,000, the full west point surge in afghanistan by the end of next summer. >> reporter: the bottom line is that these recommendations are not coming from the pentagon. they are not coming from field commanders. they are not working their way through the normal system going through centcom and the pentagon over to the white house. the recommendations are being requested from the white house and the white house is pleased because don't forget they still feel a bit stung from 2009 when they felt like president obama was backed into a corner and had no option but to approve the surge, the surge troops. this is what you're seeing is the beginning of the campaign season and the white house pushing back saying this is

commander-in-chief who is in charge and he wants to fulfill a campaign promise and end the iraq and afghan wars. jon? jon: we will keep an eye on that juan. that's interesting stuff. jennifer griffin at the pentagon. thank you. jenna: right now we're awaiting tomorrow's big jobs report and that will give us updated unemployment rate. right now our unemployment rate is 9.1% and it's been there the past three months. one american town has so many good-paying jobs there is actually not enough housing. williston, north dakota, is boom because of massive oil reserves. averageage annual salary for oil workers is $57,000. not unusual for some to earn up to $100,000 per year. truck drivers can earn $80,000. a lot of support teams to this. what about fast-food restaurants. if you're working in fast-food in this town, some of these joints are paying between 15 and 18 bucks an hour. that sounds pretty good. joining us on the phone the mayor of will lesson, --

williston. mr. mayor i understand you're looking for six new policemen. maybe by the end of the segment you will find them? >> i appreciate that. yes, we are. we're looking for a lot of people. the city voted to add on six new policemen. the challenge we have with everybody. there is lots of great-paying jobs. the challenge is to find housing. that's what we're working on right now. jenna: tell us a little bit about that. how can you keep up with the job boom that you're experiencing? >> well, we just work diligently. we have between two and 3,000 job openings we believe in williston right now. we're a town of 20,000 people. so that is substantial. we get people coming here all the time to find jobs. we appreciate that. the challenge we have is finding housing. we have about 1,000 housing units that will be completed in the next six months that will help us. but it seems like for every job that we fill about 1 1/2 jobs open up. jenna: wow. >> our unemployment rate in the city of williston is .of 1%. jenna: no kidding .of 1%?

basically everybody has a job? >> right. if you want a job and you're healthy and pass a drug test you've got a job. jenna: we are seeing mobile homes and campers on the screen. obviously some need temporary housing in the meantime as they wait for permanent ones. tell us mr. mayor, what it has been like over past couple years and changes you've seen? >> we use term wild and crazy. we just have had, tremendous growth. as a city we've probably grown 50% in the last four years. a lot of that has come in the last year. there's a great oil play here. so there is some great jobs being created. they are really good jobs and they pay well. what we're challenging with as a city how do we find housing for people that want to come here? we find people coming from i'm sure all 50 states looking for a chance to start over. a chance for hope. they have been without work in many case as long time. they're great workers. they come here and they will find a job. that is not the problem. but we just really caution people, especially this time of year. jenna: right, because it is

cold. >> it is not so bad yet but it will get cold. we definitely have winter here. they need to make arrangements for housing before they come. jenna: that is good warning. real quick before we let you go. so nice to hear a story where there are jobs and people are able to start overseeing what we've been through the last couple years but are you worried about the boom and bust cycle? just as quickly things go up, things come down? have people talked to you when the oil boom may end? >> right, there is a certain concern for that. the oil play here that is really quite unique. in fact in the year 2010 there were 1213 wells drilled and no dry holes. the oil is everywhere here. it's a huge resource play. so most people in the industry believe that it should be very busy here for 10 to 20 years, maybe even longer than that we have about 6,000 wells that have been drilled. they want to drill anywhere between 45 and 48,000. so it will take a while. jenna: it is unbelievable story, mr. mayor. we appreciate you joining us. your website, is that the

best place for people to check out open jobs? >> sure i would say it is. with www.willistonnd.com. jenna: we'll put that up on our website. >> thank you. jon: great to hear about a place that has jobs. jenna: refreshing isn't it? jon: a woman buying halloween candy for kids is now clinging to life. a manhattan mother who was hit with a shopping cart, pushed from a railing four stories above her. police say a pair of 12-year-old boys did it. geraldo joins us to talk about what those boys could face. plus, six days after a rare october snowstorm hundreds of thousands of people still have no power. what in the world is going on? [ technician ] are you busy? management jt sent over these new technical manuals.

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jon: right now the hardship continues for hundreds of thousands of people who have no electricity. this six days after a freak october snowstorm knocked out power across wide sections of the northeast. wet, heavy snow combined with the weight of leaves sent trees crashing down on utility lines. the weekend storm affected millions from west virgina all the way to maine but the misery could last the longest in connecticut. eric shawn has the latest developments. eric? >> reporter: jon, the sun may be shining but the power is still cut for about 700,000 people in the northeast. their anger and frustration only growing. many stunned that the power companies have not been able to completely restore service yet. connecticut as you said is the hardest hit. that is where power is not expected to be fully restored until sunday. that more than a week after the storm hit last saturday. so far about 428,000 customers in that state remain without power right now. here is the tallies around the northeast.

new jersey, about 70,000 don't have juice. massachusetts they were hard hit there. 140,000 still lacking power. in new hampshire there are 30 now,000 unlucky ones. utilities say they are doing the best they can to restore power but some believe can't believe it. >> it is starting to get really annoying. it is, not to see any trucks out there is frustrating part. if you saw them out there working but i don't see them anywhere. >> i couldn't believe it happened again. honestly think it wouldn't be a week or i thought maybe a day or two. >> reporter: that is something else about not having any power. authorities are warning about dangers, deaths from carbon monoxide poisoning. at least four people in connecticut have died. one victim after using a charcoal grill indin her kitchen died. one using a lawn mower.

others died from using generators inside their houses. do not use a generator ever indoors and if you have one make sure it is properly ventilated outside. carbon monoxide is silent deadly killer. you could get a alarm. they work like smoke alarms for carbon monoxide. plug it in and that could be a life-saver. jon: people in connecticut trying to use stoves to heat houses that. is not a good idea either. eric shawn, thank you. >> reporter: right. jenna: a vote to subpoena the white house. lawmakers calling it the last resort in the solyndra loan scandal. what they want to see only some people have access to. plus, jon, is bacon burning a hole in your wallet? it is, i love my bacon in the morning. jenna: the price of pork and beef is going up. what you can do with all these higher food prices just ahead. ♪ . welcome idaho,

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>> hi, everybody, i'm rick folbaum at the fox newsdesk. some of the stories we're following for you. there is a water main break in the bronx. this is new york city, not far from yankee stadium. you see the water rushing through an area here as the police and other emergency personnel try to stop that. this is the seal of the courtroom in los angeles, california, with the dr. conrad murray trial, michael jackson's attorney. they're set to hear closing arguments set to begin in that trial. as we get ready, say hello to guests with us in our studios. they have come all the way from west point. lady and gentlemen. some cadets thank you very much for being here. as we get set to start the second hour of "happening now", happening right now. jon: go army, right?. jenna: oh, come on? i'm a navy girl. what can i say. fair and balanced. don't you feel safer in the newsroom about now?

jon: long gray line is here. jenna: nice to have guests in the newsroom and to have you join us on our second hour of "happening now." dozens of anti-wall street protesters have been arrested in oakland, california, of all places. we're glad you're with us, everybody. i'm jenna lee. jon: i'm jon scott. demonstrators massing at the entrance to that city's very busy port which was just reopened for business. after last night's occupy oakland protest turned violent. demonstrators going on rampage clashing with riot police. claudia cowan live on the west coast for us right now. what sparked all the violence, claudia? >> reporter: jon this seemed to start after midnight after a group of demonstrators split off and occupied, literally occupied a foreclosed building right near city hall. smashing windows and setting bonfires along the way. that is when riot police moved in. wearing the full gear there. you can see from these pictures and mostly peaceful day of action turned into a night of anarchy. protesters threw molotov

cocktails, metal pipes and bricks at cops. they responded with tear gas and nonlethal bullets making dozens of arrests. many protesters hoping to bring their attention to fight for political and economic justice are angry. saying anarchists who vandalized buildings including a couple of angst pa and gave the movement a black eye and caused more suffering for a number of merchants who say they are part of this 99% as well. jon, early damage estimates are in the hundreds of thousands of dollars. jon: what about the port of oakland, what's happening there? >> well as you mentioned the port just now reopening within the last few minutes. port officials saying they're hoping to resume full operations there later today but what a scene outside the port yesterday. of course port officials wanting to make sure everyone can get to their jobs safely. take a look at these pictures from outside the port yesterday. several thousand demonstrators jumped on top of container trucks. this is the march to the port that was also quite massive as you can see.

but several thousand demonstrators blocked streets from around the port for several hours, preventing anything or anyone from getting in or out. big-rigs are still backed up this morning outside the nation's fifth busiest shipping hub. got to tell you during this march to the port a couple of protesters were hit by a car. happened after an angry mob surrounded a mercedes bends and started banging on the hood. the panicked driver hit the gas, injuring a man and a woman. a squad car was needed to get the ambulance out of there. we understand a small group of protesters is just now leaving the port of oakland. they have taken down a chain-link fence. they had set up to block one of the entrances. so the situation, appearing to be over for now but in downtown oakland, it is still a pretty tense situation there. back to you. jon: sound like it. claudia cowan. thanks, claudia. jenna: what a contrast to our next story. the president in the south of france this hour meeting with world leaders at the g20 economic summit.

topping agenda is european financial crisis and a greek bailout. if the situation is not resolved when it comes to greece our economy could suffer more serious consequences at least that is the warning. senior white house foreign affairs correspondent wendell goler is traveling with the president. wendell? >> reporter: usually at these sum mitsz in the u.s., pardon me, in europe and asia, the president's advisors stress his large amount of influence but not here at the summit in cannes, france the greek financial crisis really dominating this two-day gathering. and officials are saying it is pretty much europe's problem to solve. the president met with the french president sarkozy before the official start of this summit and sarkozy briefed mr. obama that talks he and german chancellor angela merkel had with the greek prime minister yesterday at a separate meeting with merkel, mr. obama said resolving the crisis, the greek crisis is the goal of the summit. >> this is going to be a very busy two days.

central to our discussions with the g20 how do we achieve greater global growth and put people back to work. that means we're going to have to resolve the situation here in europe. >> reporter: but that's unlikely to happen in the next two days or even the next two months. prime minister papandreou's decision to let voters decide whether to go through with the budget cuts he actually agreed to in exchange for continued loans from the e.u. led the europeans to cut off the loans which are being used to pay greek government workers and pensions. the prime minister wouldn't back down. >> we need to have a wide consensus because the program we are facing is difficult, it is difficult in implementation and but i believe the greek people want us to be a strong partner in the euro and the eurozone and a strong partner in europe. >> reporter: meanwhile u.s. officials believe greece may be the most immediate problem but not necessarily

the most serious. italy and spain may face similar crises. u.s. officials say the europeans will have to use their own money to get them out of it. the u.s. sees this as europe's version of the 2008 wall street meltdown though this time it's governments facing bankruptcy, not commercial banks and that means the remedies are a lot different. you can't just close greece like the u.s. did lehman brothers and you can't have the germans buy them out like the u.s. did, had bank of america buy out merrill lynch. jenna? jenna: make some good points there, wend dole. wendell goler traveling with the president. thank you. jon: now this fox news alert. closing arguments set to get underway in the manslaughter trial of michael jackson's physician in los angeles. jurors could begin deciding the fate of dr. conrad murray today. the fox news legal analyst bob massi live from superior court in los angeles. bob, he decided not to testify. a wise move? >> yeah, for sure. it is not unusual. most jurors understand, jon,

that defendants are not required to testify. so in reference to this case i don't think it will necessarily make a difference and probably was the right decision in a case like this. jon: we see the judge in a live shot right now. he appears to be reading jury instructions. those can often be confusing for jurors. >> yeah, except this is a very straightforward, one count, involuntary manslaughter, jon. most of these jury instructions will be common stock jury instructions. both sides had to agree on specific words for involuntary manslaughter. defense to involuntary manslaughter. the judge apparently said, jon, each side will have 90 minutes to argue. which means, other than maybe having a break for lunch, this case probably will go to the jury sometime this afternoon pacific time. jon: the defense argument seemed to boil down to the fact that michael jackson liked his propofol so much he turned it on himself and may have overdosed himself

but did they prove that? >> you know what, jon? remember, and i know you do know this. it is not their burden of proof it but they put it out there. they didn't have much to work with, they truly didn't. because when you have a setting like this where a physician is put in this particular physician for a lot of money every month, the question becomes, cause of death. that's what you're going to hear on arguments. you're going to hear the issue from the defense that was this the proximate cause of his death the propofol? they will do as best as they can with what they have which is not much, to punch holes in the cause of death. they're never going to win the issue of standard of care, jon? they will never win the issue that the doctor really did the right thing by administering propofol. that issue's gone. cause of death is where they're going to go. jon: bob massi, glad you're there to watch it for us. again the jury could get the case today the. bob, thanks. jenna: next a troubling case. a many move four disappears just down the road from her home.

what cops are doing right now to find her. we're going to bring you those details. plus, spending all our money will it just stop here? we'll talk to a former co-chair of the president's debt commission. with alan simpson says the super-committee has to do to reach a deal on the deficit. >> 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 and if you spend a buck and borrow 42 cents of it, you've got to be stupid. really, head & shoulders is for more than dandruff? yeah, it does seven great things like ving me a healthy scalp and great looking hair. you should make that eight things. dude, why don't you just use the stuff? [ male announcer ] head & shoulders: seven benefits. every bottle. your doctor will say get smart about your weight. that's why there's new glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes.

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jon: stories we are following for you right now. emergency crews on the scene of a train derailment in suburban chicago, causing a fire and blocking commuter rail traffic. no word yet on injuries. what a mess there. get those skies out. heavy snow falling on oregon's mount hood. forecasters say snow totals could reach four feet. arson is suspected in

several fires raging through missouri's mark twain forest a park ranger locals with a history of using arson might have intentionally set those fires. jenna: the deadline to cut $1.2 trillion from the deficit now in a critical do-or-die phase. some political heavyweights appearing before the super-committee this week saying it is time to put aside politics and reach a deal. >> 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. and if you spend a buck and borrow 42 cents of it you've got to be stupid. jenna: pretty straightforward, right? that was former senator alan simpson, republican from wyoming. also former co-chair of the president's debt commission. he joins us live once again on the phone. senator simpson, what was the reaction to those words? >> well, probably shock in the back of the room with the aarp. i notice they were there in

the red coats. looked like the british were getting ready to charge again. let me tell you. i was there when you used to grab hold of an issue. you didn't care whether you were a democrat or republican. you were an american. and i had a hearing on the aarp when i was an active senator. they were furious. they said why would you do this? i want to know what you make? what do you do with your money what you pay your people? you say you're not advocacy group and running ads all over and their ads are just vicious. we know who you are. we follow this thing. we vote and, pointing beady eyed bald headed gray haired coot pointing his finger like i do too. it is and grover norquist, if he is the most powerful man in america, let him run for president. but i tell people look, grover, the only thing grover can do to you. he can't murder you.

he can't burn your house. the only thing he can do to prevent you from winning a primary or defeating you for re-election. if that means more to you than your country than you shouldn't be in congress. >> talk a little bit more that last point, whether or not you should be in politics, not you, but some of the people in office right now. you talked in the past having to face some very serious issues yourself as a politician and you say that you've drawn upon political courage to get the job done because it is about the country, not necessarily about the party. do you think that political courage is absent from d.c. right now? >> i think that the interest groups and the power of campaign contributions money has just dulled their senses. when you have been, you received, maxed out, maxed out in your primary and maxed out in the general and you have never ever had them where they weren't there for you and they say we're never bother you. we don't put pressure. let me tell you, they're in their offices right now saying hey, pal, this is it.

they're going to take away our tax expenditure. they're going to mess with the tax code. they're taking this, realtors and we're here to tell you now, we want your vote. and boy, that's tough. and i have had that. it is tough. and i've chickened out on about eight or ten of them in my 18 years. won't even describes the ones, where the pressure from your constituents or from the special interests groups. so i'm not, i'm not saying i haven't fallen frey to that but this is different. this is it. if we don't do something, the markets are going to respond. the tippingpoint will come. interest will go up and inflation will go up. guess who gets hurt the worst? the little guy. the vulnerable. the people everybody talks about all day long. it's nuts. jenna: we were joined on the screen leadership from both parties and obviously both parties have different ideas on maybe the way that we should approach the deficit. if you could give advice to republicans and give advice

to democrats, either side, what would be the one thing that you told either party to give up or to do to get the job done here? >> well, for one thing, you can give up the phrase, that if you, learn how to compromise, that you're a wimp and let me tell you. if you can't learn to compromise an issue without compromising yourself you shouldn't be in congress. i would say to them, remember, if you have forgotten that you're an american first, not a member of the afl-cio or the nra or the aarp or the unions or the nonunions or righties and lefties and cooks all over this country in the special interest groups, if you can't take them on as an american instead of isolating yourself as a party person that just makes, people know what is going on. you can't believe, erskine and i go all over this country. people are tired of mush and bs. and when these guys get on their behind legs and say we'll do this without touching medicare medicaid,

social security or defense, just stick your finger down your throat. get out of the room. jenna: sometimes i think i get more life advice in our three-minute conversations than most conversations i have every day, senator. i really appreciate it. i know our viewers do too. just common sense when we talk about up such big issues. >> let me just tell you the congresswoman from wyoming who has nod said anything too vocally said yesterday, grover norquist is not in my district and i think we have to consider revenue. that's courage. that woman is cynthia lummis. she has a lot of guts. she said that yesterday. i'm sure grover will now have some seance over her office and try to sender had to the retched depths --. jenna: have her guest on our show tomorrow to talk a little bit why you think she has political courage and how she is standing up for thing. more support people like that better for all of us. >> you should interview this woman. she is very bright. she was a member of legislature. state officeholder.

cynthia lummis. yesterday, boy it was power, power. >> we'll book her. senator simpson, thank you again. always appreciate your time. >> a treat as always. jon: we are a year away from the election but president obama is already making some moves, keeping his hand clean as the 2012 campaign gets dirty. we'll look at the president's split call -- political strategy and his campaign options. plus a new york city woman clings to live after two boys allegedly drop a shopping carton her from four stories up. geraldo joins us to talk about the legal consequences of a couple of not even teenaged suspects. hey, did you ever finish last month's invoices?

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jenna: right now a ballot america sure in mississippi would prohibit state and local governments from seizing private property by eminent domain and not everyone is happy about that. john roberts live from jackson, mississippi, with more. >> reporter: good afternoon to you, jenna. big election come up up tuesday in mississippi, one of the measures, initiative 31 would prohibit the state from taking private property and transfert it to another person. where a city in connecticut was allowed to take private property to turn it over to a developer that wanted to turn it into hotels and condos and shopping complex. randall knight is a dairy farmer here in mississippi. he is also president of the mississippi farm bureau federation. he is leading the campaign in favor of initiative 31 saying he has seen what happens in other states. he wants to do everything he can to make sure it doesn't happen here in mississippi. >> initiative 31 is protecting our private property rights. this is private property rights issue completely.

we don't think the government has power and authority to take your private land and turn it over to someone else for economic development that is the cold hard facts about it. protecting your private property rights. >> reporter: billboards up across the state that say, stop eminent domain abuse but opponents say, hey, wait a second, when has that happened in the state of mississippi? only thing similar to the supreme court case that happened here was a toyota plant built in blue springs, north of tupelo. the state had to take property that belonged to a church for that development but that church closed down in 1927. there was nobody around to sell the property. leland speed is the head of the mississippi development authority. he says if passed this initiative could be a jobs killer. >> they run billboards that say stop eminent domain abuse. what abuse? show me a victim. the system we have works and it allows us to assemble these megaproject sites like the toyota plant. >> reporter: you know, 43

states in this nation have eminent domain reform. 22 of those have very strong laws like the one proposed in mississippi. but leland speed feels he is will be on the losing end of this. he says this is very emotional issue. it is in his words, motherhood and apple pie. it is an election year. these people are politicians. no one, jenna, is going to touch this thing with a 10-foot pole. so he is expecting come wednesday morning initiative 31 will have passed. jenna: quite a warning there. two interesting sides to one story, john. thank you very much for that. jon: the road to the white house is starting to look a little muddy. some of the candidates going negative as president obama for the most part is staying above the fray allowing his aides to beat up on republicans who want his job. let's talk about it with david drucker, a staff writer with rollcall. the word is that the white house pretty much decided that mitt romney is the guy to prepare for.

do you see it that way, david? >> i think it is far too early to tell who will win the primary. clearly mitt romney has a good chance of winning and polls show in general election he might be the candidate that can do the most damage to president obama. i don't blame the president's campaign for planning on mitt romney and trying to prevent him from being the nominee. they're sort of throwing in their hat with the rest of the republican field. other than mitt romney trying to get the former massachusetts governor out of the race. jon: but the suggestion is that the campaign that the president has run and won in the past including essentially that long and sometimes bitter primary campaign against hillary clinton involved a lot of negative attacks but never uttered by mr. obama himself. >> well that is the way you do it. negative campaigning works and candidates who refuse to go negative usually lose. the key is to allow the candidate himself or herself to look a little bit more positive and forward-thinking than the actual campaign on the ground. so you want, you want your operatives, you want your

surrogates, you want them to say all the mean, negative nasty things everybody says they hate. in fact looking for a vice-presidential nominee, regard lis whether democrat or republican look for somebody who can play the role of attack dog because it is not something voters want out of presidential candidate or incumbent officeholder. what you want to do as incumbent or candidate say a few things that contrast yourself, clearly show the differences but leave the real dirty stuff to people working for you. jon: it is interesting what is going on in the country right now because as you mentioned to karl rove last hour, we have 74% of americans believe this country is on the wrong track. we have unemployment above 9% which the president said we would never reach in his administration and yet people personally like him. they don't seem to think much of his policies but they like him. >> that's true. and that's something that republicans have to watch for in the coming campaign. when voters like you personally, they give,

they're less receptive to personal attacks on character. now what i would watch for if i was president and all the polling we've seen over past couple months some surveys began to show a diminishment of his personal favorability, for the first time, august and september we saw some polls where he was below 50% in personal favorability. if that were to continue, then republicans would have more leeway to go after him in terms of his character and who he is as a person. but if he can stay in the high 40s, low 50s, then they have got to focus on his policies. of course there is plenty there for them to go after in terms of policy. jon: david drucker who watches politics very closely at "roll call." david, thanks. >> thank you. jenna: speaking of policy the growing controversy over a failed solar company burning through a half billion of your tax dollars. the documents congressional investigators want the white house to hand over and the white house's reaction to that. plus a woman clinging to her life, following a

senseless crime. so many of you have reacted to this story. a shopping cart thrown down at her from four stories above. geraldo rivera on what to make of the children and they are children, arrested in this horrible crime. >> everybody is just devastated and so worried that she should recover and pull through and get back to normal. her normal level of activity and we're hoping and praying that that is the outcome just one phillips' colon health probiotic cap a day 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. ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

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jenna: well ark crime that happened in new york city but really is shocking the entire country, manhattan mother is fighting for her life after she was struck by a shopping cart thrown from four stories above her head. the perps, as we would call them in custody, two 12-year-old boys, and the shocking irony here, marian hedges devotes herself to helping the kind of kids accused in this crime. geraldo rivera, we put together a graph for our viewers so you can see what the four stories look like at this target. you've been to this shopping center. i mean, what do you make -- it's almost senseless. >> there's a walkway between the costco and the target. the walkway had surveillance cameras and often has guards there, but the guards are either assigned to the target or the costco, so there wasn't anyone on the walkway itself. so you have these kids range anything age from 12 to 14, a gang of them really.

first, they started throwing their slurpees over the balcony of the four-story walkway going down to the street and exploding with all of the, you know, the messy, gooey stuff inside. then they escalated, jenna, and they threw -- they were, two of them, the roughest, toughest, the kids with the worst reputation according to their neighbors took the shopping cart, a target shopping cart, and actually pushed it over the railing. you can imagine the velocity of that thing. and here comes marian hedges, this philanthropist, a graduate of the school where my three girls either attended or are attending right now. that's how i heard about it, from the head mistress on monday. she's walking, she's going into the store to buy halloween candy to give to the kids sunday evening, whack, that shopping cart hits her right on the head. she's walking alongside her own 13-year-old. she falls down in a pool of blood. you know, the kids then scatter. some of the older, 14-year-olds,

turn in the two 12-year-olds, but it is a pathetic tragedy and how ironic that this woman working so hard to help these underprivileged children is victimized by one. jenna: according to one new york paper, one of the 14-year-olds tried to stop the 12-year-olds from doing this, obviously, didn't succeed. the charge is felony assault and misdemeanor criminal possession of a weapon, this is what these two 12-year-olds are facing. you mentioned they have tough reputations in their tough neighborhoods. but what do you think about those charges? >> i think the charges are appropriate, but the big caveat, and this is the great frustration and the understandable trus frustration of people, as 12-year-olds they will definitely be tried as juveniles in family court. what does that mean? even if convicted of felony assault, the worst charge -- god forbid, if marian does not survive and now i don't hesitate to add that she is now suspected to survive but with neurological impairment perhaps, they don't

know yet. even if convicted, how much do they serve? 18 months. jenna: 18 months. >> but what are you going to do with a 12-year-old anyway? jenna: if life was fair, which it isn't all the time, i mean, what is the other option for this? these kids are so young, maybe they're misbehaving, but a lot of 12-year-old boys do. the father-in-law says throw the book at them, but what does that mean? >> interesting you mentioned that. when these two boys appear in family court, who are not present? their fathers. that's the problem in inner city america. where are the fathers? the fathers are irresponsible, they're good at procreation, very bad at parenting. so here are two 12-year-olds who were raised as wild things, basically, and they perpetrate this awful crime, but they are 12 year years old. what are you going to do with them? in the most severe jurisdictions, they might be kept until 21, then they graduate as what? as seasoned criminals? they are just the years old, and

i really fault the apartments. there's going to be a massive civil lawsuit, i'm sure, against the operators of the east side mall. there were complaints. but, again, you go back to the fact that marian hedges, she's often been described as a successful real estate broker. she's much more than that. she gives her heart and soul to helping the community. they were buying candy for a big block party held every year on halloween, and it was just so pathetic that this woman of all the random victims of this horrible, negligent act is this person who's a saint in the neighborhood. jenna: we'll continue to think of her family and hope for the best progress at this time. still in a medically induced coma, critical condition -- >> but expect today survive. jenna: geraldo, thank you very much. always nice to have you. geraldo at large every sunday night, you don't want to miss that, 10 p.m. eastern time. jon: just in, the white house now facing a congressional subpoena to hand over documents

in the solyndra solar scandal. doug mckelway is on that story live from washington. doug? >> reporter: good afternoon, jon. this 14-9 vote in the house energy and commerce committee this morning straight along party lines means that the republicans will seek to subpoena internal white house documents, potentially even including correspondence contained in the president's personal blackberry. republicans maintain this is necessary. while they say they've gotten thousands of documents from doe, the treasury didn't and omb, the white house has been slow to cooperate, they say. here's committee chairman fred upton. >> it is a tool that we use sparingly and only as a last resort. >> reporter: the subpoena is a method of last resort, one that a former democratic chair of the committee says under his tenure was always used sparingly. >> i never served a subpoena on the white house. two, the subpoenas were always discussed with the minority. we had a policy that we would

always discuss them before we issued them. i did that with the gentleman from texas, and i did it with every other ranking republican member when i was the chairman either of the subcommittee or the full committee. none of those things are being complied with here. this is a vast fishing expedition. >> reporter: in reaction to the vote for subpoena, the white house issued a statement moments after the vote. it reads in part: >> reporter: now, there are many questions, jon, about where the oversight investigation goes from here. the white house has not claimed executive privilege thus far, but committee democrats said that may very well be forthcoming. but from experts i've spoken with, any e-mails that stay within the white house would, indeed, be considered privileged information. so we'll see where this goes,

jon. jon: a lot of digging yet to do. doug mckelway in washington, thanks. jenna: a stunning new report on u.s. secrets being stolen in cyberspace and then sold. intelligence experts saying china and russia are accessing sensitive data, jeopardizing millions of dollars worth of our research right here, and our government isn't be the only victim. catherine herridge is live in washington with this story. so, catherine, a new report. what's so remarkable about it this time around? >> reporter: well, thank you, jenna, good morning. this report was sanctioned by the u.s.

>> demand they put a stop to this piracy. >> reporter: the congressman and other lawmakers are calling on the white house to confront beijing publicly because back channel everetts have largely been ignored. attacks against the u.s. government, military contractors on the rise. but perhaps one of the most

worrying trends is the growing number of attacks on buzzes that are -- businesses that are less capable of dealing with them. jenna: interesting. catherine, thank you. >> reporter: you're welcome. jon: i'm getting ready to barbecue a steak for my birthday coming up. jenna: when is your birth day? jon: i'm not going to tell you. shoppers in the meat aisle are finding that the favorite cuts are costing a lot more these days. why prices are rising and how dedicated meat lovers are trying to trim their budgets. let me tell you about a very important phone call i made.

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when they told me these plans were endorsed by aarp... i had only one thing to say... sign me up. call the number on your screen now... and find out about an aarp medicare supplement insurance plan. you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. jon: in west tennessee police are searching by air and ground for a missing mother of four. karen johnson swift last seen early sunday. rick has some new information on the search. rick? >> reporter: this is a tough one, jon. police have a ri on their hands in tennessee. it's a little over an hour northeast of memphis. they found karen's car, they just can't find her.

her car was found with a flat tire about a mile from her home, she was last seen with her husband at her home around 1:30 in the morning. swift and her husband are in the process of getting a divorce can, though police say he is not considered a suspect here. the couple has four kids, two in college, two younger girls 7 and 9. the local sheriff's office is aggressively investigating her disappearance, and here's a description. she has blond hair and green eyes, 5-5, 138 pounds. if you are from that area and you have any information at all, you're asked to call the dyer county sheriff's office, the number on the screen: 731-285-2802. that's it. we'll bring you more when we get it, jon, back to you. jon: rick, thanks. jenna: well, right now consumers with a taste for pork or beef or meat of any kind are paying a lot more to put it on the table, and as prices keep rising, many are choosing cheaper cuts. the bigger story really is about these food prices. charles payne is a fox business

network contributor. what caught my eye in "the wall street journal" today is seeing that sliced bacon has gone up 34% in two years. i love my bacon. >> oh, yeah. you guys must have had the morning meetings today. bacon is through the roof, who can we call? charles! [laughter] jenna: what's going on with these meat prices? >> there are so many reasons for this. first of all, american demand has never waned. people love their pork, their beef, but also global demand is amazing. you know, the notion where we had this world, most of the planet lived off rice and sweet potatoes is gone. as they get richer, believe me, 75 million more people on the planet every single year, they want the stuff that we already love. jenna: some vegetarians might be a little upset at that last comment, charles, but we'll move on. is there something we could take away there -- from this? our exports are relatively good, the dollar is cheap, so it's affordable overseas, is there a lesson at looking at this industry? >> you know, we saw meat prices

really start to spike a few years ago when we started using corn for fuel, things like that. so we've got to be careful with the policies that we have in place and connecting the dots. i will tell you, jenna, over the next 20 years the countries that will really control the world will be the ones with a lot of fossil fuels and a lot of food like beef and pork, so that's the lesson to be learned. jenna: it makes you wonder about the huge drop we had in texas, for example -- >> that shows you how fragile it is, drought here, diseases in south korea, all kinds of things. but overall it's demand, and demand is growing. jenna: quick final question. you can actually buy cattle when you look at futures, right? like the gold market, you can look at this type of commodity as well. is there any investor play -- >> absolutely. live cattle's up 13% year to date, you just don't ever want to take delivery unless you know what you're doing. [laughter] jenna: that's a good point, charles. a burger sounds pretty good right now. jon: that food is making me

hungry, jenna, that's for sure. this is no clapping matter, why a mayor banned applause at city council meetings. ♪ ♪ if i should fall from grace with god ♪ ♪ where no doctor can relieve me ♪ ♪ if i'm buried 'neath the sod

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megyn: hey, everyone, i'm megyn kelly. the cain camp blaming the perry camp for pushing this story about women accusing mr. cain of sexual harassment. that guy, kurt anderson, denied it on "happening now" today, so will the cain camp backtrack? the chief of staff for herman cain is here. plus, the attorney for the participants of missing baby lisa said he would make the baby's brothers available for a police interview week, so why hasn't it happened, and nothing

is scheduled? are the parents hiding something? and newt gingrich now predicts it will all come down to gingrich versus romney for the gop nomination. mr. gingrich here live to explain. see you shortly. ♪ muck. jon: right now a story that made us do a double take. a mayor in one town so upset over council meetings getting out of hand has banned clapping. yes, clapping. and it has a lot of folks fuming. douglas kennedy live from our newsroom with that. [laughter] >> reporter: yeah, jon. if someone told you you couldn't clap, the question is, could you control it? some people say they can't. [applause] >> reporter: everyone claps from crowds to presidents. and to daryl davis, clapping is a fundamental human expression. why is clapping so important? >> it's human nature. i mean, if you agree with something or you approve, you

clap. it's like laughing. a lot of times it's involuntary. >> reporter: residents in new york have been clapping loudly and proudly. [applause] many times in opposition to the city's mayor. in late september mary foster responded by banning clapping at all city council meetings. davis and other residents are outraged. so to you, this is a basic human right. >> it is. i mean, it's like, it's free speech as far as i'm concerned. it's freedom of expression. you can't legislate how people feel, what they agree with. and she's trying to be very heavy-handed towards political dissent. >> reporter: this constitutional attorney agrees. >> no, i do not think that the ban could be upheld. it smacks in the face of unconstitutionality. >> reporter: the mayor did not return repeated calls from fox news but in the past has described the no-clapping rule as a politeness policy. designed, she says, to maintain

deroar couple at the -- decorum at the public meetings. now, the may or your says you are simply too loud and your clapping disrupts the meeting. >> it's absurd. people clap. i mean, it's a political forum, and you have differences of opinions, they're going to be expressed. that's the place to do it. [applause] >> reporter: davis says he will continue to clap, and he's now considering a lawsuit that will allow him to do so legally. that's it from here, jon, back to you. jon: applaud you, douglas kennedy. thanks. [laughter] be right back. [ 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.

but don't just listen to me. listen to these happy progressive customers. i plugged in snapshot, and 30 days later, i was saving big on car insurance. i was worried it would be hard to install. but it's really easy. the better i drive, the more i save. i wish our company had something this cool. yeah. you're not... filming this, are you? aw! camera shy. snapshot from progressive. plug into the savings you deserve with snapshot from progressive. jenna: well, we've talked a lot about this listeria outbreak over the last few weeks, and we wanted to bring it to your attention again because turns out another death was just linked to it. rick has more details. >> reporter: this is now officially one of the deadliest food-borne outbreaks in u.s. history. 29 people have died after being exposed to cantaloupes contaminated with the bacteria, listeria.

139 people in 28 different states around the country have gotten sick, and the cdc is now saying that a pregnant woman who was exposed to the bad melons had a miscarriage as a result. the elderly, pregnant women and anyone with a weakened immune system are the people who are most at risk here. the bad melons have been trace today a farm in colorado called generalson farms. they are whole or precut rocky ford brand cantaloupes, and the reason people are still getting sick now is because the disease has a long incubation period. some people don't get symptoms until a couple of months after eating or being exposed to foods that are tainted with it. again, the death toll now up to 29 on this very, very popular brand of captain lopes that people have been enjoying for years and years. when we get more information, jenna, we'll let you know. jenna: one of the das that was on our program said a lot of miscarriages happen because pregnant women are so