listeria or got it from food products. thank you, we'll continue to watch in the. jon: a sad story. thank you for watching us today. jenna: "america live" starts right now. megyn: fox news alert from the campaign trail. we have got brand new national poll numbers on the republican race taken just yesterday. welcome to "america live," i'm megyn kelly. the latest poll from rasmussen reports puts herman cain at the top of the leaderboard. mr. cain with 26%, mitt romney with 23. newt gingrich at 14, perry at 8, ron paul at 7. santorum, bachmann and huntsman all rounding out the bottom with single digits. this is the fourth national poll in two weeks show willing cain at the top of the gop field, but the first since mr. cain found himself the summit of a politico.com story reporting on sexual harassment allegations against the candidate made ten-plus years ago. moments ago i spoke with mark

block, herman cain's chief of staff. mark, thank you very much for being here, and so now we see herman cain leading the republican field. this poll taken yesterday by rasmussen reports which is three, four days into the controversy over this "politico" article. what does it tell you? >> it tells me that if you tell the truth to the american public, and be as kurt anderson said in your earlier piece, that people will listen. if you discuss issues that resonate with the people, you will get their respect. and it's time to move off of this, um, story that we've been embroiled in this week and get on with the campaign. and we're thrilled by the numbers that came out today and look toward to proceeding ahead with our campaign. megyn: do you think that the american people care about that story and the coverage of it? do you think that it's important to them? >> i really don't.

and the reason why is if somebody tells the truth, as mr. cain has done, and is attacked by anonymous sources, um, they just don't think it should be politics as usual. and they're sick and tired of it. and we're glad to see those results, and we're thrilled to be moving on with our campaign. you talk about -- it's not just those poll results, it's the response that mr. cain has gotten across the country for not canceling events, taking these allegations on head on, and it's evidenced by our fundraising, quite frankly, in the last 24 hours. we had the best day ever yesterday since we started this in january. megyn: is that right? the best day ever? >> the best day ever. so we're in a position to move ahead, to campaign harder in iowa, new hampshire, south carolina, florida and the other states, and we're getting to be in a position financially,

again, because mr. cain is running this campaign like a business, to be able to be extremely competitive in all those states. megyn: you mentioned kurt anderson. our viewers may not know who that is. he's a gop strategist who tried to help herman cain get elected to the senate in '03-'04, a bid that was unsuccessful. he now works for the perry campaign, and you were on "special report" last night, and you were explicit about anderson being behind the leak to politico because he suggests herman cain had told anderson there was this allegation years earlier at the time anderson was helping cain. and two weeks ago he went to work for perry, and guess what allegations surfaced in the press? well, mr. anderson came on "happening now" earlier today -- >> yes, he did. megyn: -- and he denied that. i want to play you, in part, what he said. >> they've 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. and the best thing to do in any situation like this is just tell the truth. and i didn't know about any of this stuff, and i didn't peddle it to any reporters. and, quite frankly, i'll also say this, if someone tells you something in confidence and then you go out and you tell other people, that's unethical, and i don't live my life that way. and, you know, i don't think anybody should. i think transparency would be the best thing here for everyone. megyn: mark, he also had only nice things to say about herman cain and said on the airwaves that any reporter to whom he's ever shared anything about herman cain is tree to go ahead -- free to go ahead and report exactly what he said. therefore, if politico is using him as a source, they are now free to report it. they have not done anything like that. so you tell me, do you stand by that accusation you made yesterday? >> all the evidence that we had on what's transpired in the last two weeks led up to mr. anderson as being the source. we were absolutely thrilled that he came on your show and said

that it wasn't because mr. cain has always had the utmost respect for him. i'm going to do the same thing that mr. anderson has done and move on, talk about issues and get off of this silliness as he called it, and let's get on with the campaign. megyn: do you stand down then from your axis that the perry -- accusation that the perry campaign is behind what you have refer today as a smear? >> i will stand behind what we said yesterday and was, again, thrilled that mr. anderson said it didn't come from him. megyn: with apologies, but i think i might be confused. yesterday you accused the perry campaign of being behind it, and today you say what? >> the things that we had been told yesterday as an example, i think that you had also reported it that a lawyer for one of the superpacs supporting perry had had some erroneous intimation on a radio station oklahoma. until we get all the facts, you know, i'm just going to say that

we accept what mr. anderson had said, and we want to move on with the campaign. let's get over these things that don't mean anything to the american public, megyn. megyn: yeah. we'll leave it at that. mark block, thank you so much for coming on. >> thank you. megyn: all the best, sir. well, i also had a chance to ask mr. block about an ap report yesterday suggesting that a third woman has come forward accusing mr. cain of sexually harassing her years ago, this is a woman that was contacted by the associated press who never lodged a formal complaint but who has made certain allegations according to the ap. we will have that discussion for you in our next hour. also from the campaign trail today, a very confident newt gingrich making a bold new prediction on the gop presidential nomination. the former house speaker says this race will come down to speaker gingrich versus governor romney. in recent weeks mr. gingrich has described his campaign as a to

tortoise and the hare situation and now says by december he will have the resources to compete head to head with romney calling the former massachusetts governor a, quote, real competitor. the latest rasmussen report poll has gingrich in third behind herman cain and mitt romney. coming up, speaker gingrich joins us leave with more on that -- live with more on that. and this is a fox news alert, breaking news, now, in the solyndra loan scandal. a house panel voting to subpoena white house documents related to the failed solar company. you may remember that solyndra was raided by the fbi after filing for bankruptcy in september. it defaulted on more than a half billion dollar government loan. the house committee investigating the loan says the subpoena is necessary because, it says, the white house has denied or stonewalled requests for thousands of documents related to solyndra. the white house released a statement a short time ago saying it has cooperated

extensively with this investigation. we've also got breaking news on a financial crisis that could threaten the global economy. greece's prime minister moments ago saying he is now scrapping plans for a vote on whether greece should accept a big bailout from the european union. just days ago he shocked the world saying the plan meant to stabilize greece's massive debt would need to pass muster with greek voters. stock markets around the world dropped on the news because if economy of greece fails, several other european countries could follow, and american banks could take a hit totaling billions of dollars. wendell go -- goler is following all these developments. >> megyn, the greek debt crisis dominating the two-day summit here in cannes, and as you say just moments ago, greek president -- greek prime minister george pap an dray you indicated he was rethinking his decision whether to let voters

decide in exchange for hundreds of billions of dollars in european loans, but his comments in the past few minutes very hard to decipher. i can tell you those budget cuts and austerity measures were very unpopular in greece but so was pa pan dray you's promise to put the matter up for referendum, very unpopular in germany and france. president obama said he hoped the europeans would resolve the crisis in the next couple days, though that seemed unlikely. his aides made clear they'd have to resolve it without contribution. the president also pushing for financial regulations aimed as avoiding a repeat of the 2008 wall street meltdown in europe, but the u.s. and europe differ on how to do that. >> we are now having seen some progress looking forward to working together to figure out how we can implement this in an effective way. to make sure that not only is the euro zone stable, but the

world financial system is stable as well. >> reporter: the greeks are already protesting the budget cuts by the first 100 billion in euros they borrowed, and the second round wouldn't be any more welcome, but the decision to give them the chance to back away led the germans and french to announce greece would not get an eight billion dollar euro for a euro payment they were counting on to pay government salaries and pensions. that's not going to go over well at all. the european debt crisis has already caused the government of ireland to fall earlier this year, greece could be next. u.s. officials believe italy and spain could also be vulnerable. megyn? megyn: wendall, thank you. well, a major story developing out of the state of alabama. the justice department could be about to go after the state's new immigration law in a tough new way. there is serious evidence of that now. we will talk to two people who are watching this case very closely. and brand new developments in the search for missing

missouri baby lisa irwin. we'll tell you what police just told us about a planned interview with little lisa's brothers. plus, they shut down one of the busiest ports in the united states. masked occupy wall street protesters rocking oakland, california. we'll show you just how rough things got when they went ahead -- when they went head to head with riot police. [gunfire] my doctor told me calcium is best absorbed in small continuous amounts. only one calcium supplement does that in one daily dose. citracal slow release... continuously releases calcium plus d for the efficient absorption my body needs. citracal. fiber one. h, forgot jack cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, ts is pretty good. [ male announcer ]alf a day's worth of fiber. fiber one.

megyn: we're learning that the didn't of justice is going after the state of alabama in a significant way after alabama passed a tough new immigration law, and the doj is now targeting the state's schools very directly. joining me now, stephen camarota, director of research at the center for immigration studies and francisco hernandez

alabama requires school districts to check the immigration status of the students. they still give an education even to illegals, but they have to check it. that was blocked by the 11th sir rut court of appeals. in the context of that litigation, the attorney general of the united states writes a letter to all of the school districts in alabama and says give us nine sets of data including the number of students who may have withdrawn from school, their race, their national origin, their immigration status and so on and so forth, and, steven, it looks like the alabama attorney general has intervened and said what are you doing? we're in litigation, you talk to me, and i'm going to tell them to blow you off. forget it. >> yeah, i mean, look, we want to collect information, but the courts have said, no way, you can't do that right now. we're going to have to hash this

out, and yet the attorney general is saying you have to provide us with this information. and as the state of alabama has pointed out, it's not even clear the justice department has the authority to compel this. it's to sort of smack alabama around, you can't do anything that might enforce immigration laws. megyn: francisco, i understand the attorney general trying to make his case because they're going to argue this out. since when do you go directly to the school districts? the attorney general of the state represents, essentially, the school districts and their involved litigations. why, what gives eric holder the right to -- >> they have, they have the right to go because the school districts receive federal money. that's why they have the right to do it. talk about scare tactics, they want a his of all the people that don't have the social security numbers of people because they're wanting to scare the parents. that's the scare tactic, and they're using children at the

heart of this. that's just mean. that's just ugly. the fact of the matter is they, alabama wanted the federal goth to act, and -- federal government to act, and that's why they passed that state immigration law. you know what? they got what they didn't want. megyn: it's a decent point, stephen. the thing is, can eric holder go -- and normally in a litigation you'd have to go through the other lawyer. you'd have to go to the state's lawyer which would be the attorney general, but as francisco points out, the feds have authority in other ways n particular in the school district realm because alabama accepts federal money. so does he have the right? but what is interesting about the federal government, california recently passed a law that said you can't let employers verify the legal status of their workers using this voluntary system called e-verify but did washington, did eric holder, did obama do anything about that? they're clearly undermining

immigration law in california when they don't act. when alabama says, we want to collect information, how much this is costing us, boom the federal government comes down on them like a ton of bricks. it is a clear message from the administration they just don't want immigration laws enforced. they don't want to do it and don't want to states to play any roll. california is undermining rule of law. they do anything about it and don't bring a lawsuit against california. megyn: go ahead. >> your organization can certainly bring the lawsuit but they won't. if these folks attended schools also pay taxes. if you're talking about cost, are we going to refund property taxes these folks are paying through their property taxes and rent because they want to scare their children out of going to school? we're really at the lowest of the low when we're beating up on kids as scare tactics to get the federal government to pass comprehensive immigration law. megyn: to clarify that. what alabama is saying they have to. the law is settled that you have to offer, education at this level. >> yes.

megyn: to -- >> why do --. megyn: you have to do it. we don't want, the, thought is you don't want the students in the united states not getting educated just because their parents came over illegally. >> fair enough. megyn: no question alabama has to do it. they're asking about immigration status but you say that cross as line? >> because what they're doing is, the parents, presumably, the doj feels that the parents pulled their kids out of school because they're having to give out information about the legal status of them being here and by that they're getting the effect that they wanted was to get these kids out of the schools. it is a back doorway the mean thing they were doing passing that immigration law that was blocked. megyn: steven, does he have a point? what happened in this case the state of alabama did pretty well in the first ruling. most of the law was allowed to go forward. then appealed by eric holder to the 11th circuit court of appeals. eric holder did better including asking school kids

about their immigration status. inconcluded in this the department of education came out when law was allowed to go for wafrd, thousands of students did not show up for class the follow being monday. does francisco have a point the law has chilling effect on education and harming children? >> the law is supposed to encourage illegals to go home to their home country and free up jobs for thousands that work outside of agriculture. to take burden of the taxpayers. this is small provision of the law not going into effect anyway. you have to remember what the state trying to do is encourage illegal immigrants to go home. perfectly legitimate and reasonable thing. the courts already ruled that is legitimate for a state to do to help its own workers and help its own taxpayers. that is all they're doing. if illegals leave the state, that is exactly what the state would like. megyn: so our viewers know the attorney general of alabama said to eric holder, show me where you have the

authority to demand this information otherwise i assume you have none and we'll proceed accordingly. so that is where it stands right now. got to go. thank you both so much. good discussion. >> thank you. megyn: well is there a chance that problems for president obama could impact election hopes of all democrats in 201? one pollster suggesting that. we'll show you three reasons why he says that is a very real possibility. after jon corzine, former governor of new jersey leads his company into a multimillion-dollar bankruptcy, he is in line for a multimillion-dollar payout. that story is next. you've never seen a police chase like this one before. cops in hot pursuit of a plane. the dramatic finish just ahead. what's better than gold ? free gold ! we call that hertz gold plus rewards. you earn free days, free weeks and more fast. that's a plus. upgrade your ride.

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megyn: he was a top ally of president obama an was considered for a spot in the cabinet. but now jon corzine is in the middle of a massive financial scan dealing. ms global went bell lip to the tune of $40 billion. there are $600 million of customer cash unaccounted for according to officials. but today we are hearing mr. corzine is in line for a payout of more than $12 million. james rosen is live in washington with the latest. >> reporter: fox news confirmed this week's collapse of the commodities and derivatives broke raj firm has triggered an fbi probe. then they are demanding president obama return $500,000

in campaign contributions. jon corzine the head of mf global has helped raise $500,000 for president obama's reelection campaign. he many expected to receive a $12 million severance package. the fbi is probing why $600 million remain unaccounted for. the closest thing to the so-called good news. the senate testimony this morning about it chairman of the commodities futures trading commission which has been watching mf since before corzine took the helm of the firm 20 months ago. >> is there any risk of a taxpayer bailout in this case? >> this was the situation of a financial institution having the freedom to fail.

>> reporter: president obama has endorsed the occupy wall street protests. he has been silent about the grossing mess involving corzine who president obama has called a great friend. liberal commentators caution against using corzine to quote-unquote smear the president. >> i'm not going to defend jon corzine. but do you want the president to jump in and stop it? then you would have people call him a deck tie or like they do when he does executive orders. >> reporter: the investigation is in its early stages having gotten started earlier this week. megyn: new applications for jobless benefits fell by 9,000 last week. there are new concerns for our economy and job market after the federal reserve slashed its

forecast for economic growth. it's predicting the unemployment rate will not drop significantly for several years. adam? >> reporter: it is a problem. chairman bernanke outlined it in clear terms yesterday. though it just reported initial claims for unemployment fell below that 400,000 mark and you need them lower than that to create jobs. the fed is saying don't expect a big turn around there are the unemployment rate. they thought by the end of next year it would be 7.2 to 8%, off the table. one of the reasons? the economy is not growing fast enough. gdp, they thought that would be around 3.3 per to 3.7%. now they are saying the u.s. economy will grow 2.9%. you need it to be over 3% to put people back to work. even the fed is saying that's not going to happen.

they stand ready to launch qe3. they may start buying mortgage backed securities again to drive down interest rates. megyn: new questions over whether president obama poses a threat to the entire democratic ticket. new developments in the case of missing missouri baby lisa irwin. the attorney for the parents said he would make the baby's two half brothers available or a news interview this week. why are we now learning nothing is scheduled to go forward? plus angry protesters. some masking their faces and setting fires, not to mention talking gasoline bombs and vandalizing businesses. brand-new developments in the occupy wall street protests that shut down one of the nation's busiest ports. a live report is next. [ male annouer ] juice drink too watery?

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san francisco with more. >> reporter: the port of oakland encouraging poem to come to work assuring them they will be safe. demonstrators blocked streets around the busy port for hours yesterday. making good on one of its stated goals of preventing container trucks from getting in or out. the most damage was done downtown after a peaceful day of action turned violent. a group of anarchists took over building setting bon fires and smashing windows. protesters threw molotov cocktails and metal pipes at the police. >> we want to continue to make sure people are here to exercise their first amendment rights and they are not being disrupted by these groups who are bent on

calling damage and confronting the police. >> reporter: many who support the spirit of the occupy protests are angry saying these protests have damaged the movement's credibility. the economic impact of yesterday's general strike not yet known. but with thousands of people missing work and now the loss of this overnight shift at the port of oakland, it's likely to be substantial. megyn: claudia cowan, thank you. a gop pollster is getting a lot of attention for suggesting president obama is failing three critical tests. tests he say may not only cost him a second term but could also hobble the entire democratic party in upcoming races. the first concerns recent polling about whether president obama should be reelected. the second is how the public views his accomplishments and the third is how americans feel

when it comes to the direction of the country. discussing it with us now is simon rosen burg. and rich lowry national review editor and fox news contributor. metric he uses, he said i'm a gop pollster but this is way would do if he hired me about how my reelection chances. number one, what do the polls say, do you deserve reelection. what do the polls say about the public per sepghtss of your plirnlts and what do the polls say about the direction of the nation. and right now rich he says president obama is failing quote on all counts. >> he's failing on all those counts but that doesn't mean he will continue to fail. we have a year left which is a long time. if you look at the history. the two guys about a year out were down as low as president obama is now, if you average out the polls, low 40s, for gerald

ford and lyndon johnson and neither of their reelection campaigns turned out very well. so if you are the white house you have to be scared. you feel the desperation on their part. he has viciously attacking already the guy he thinks is going to be his opponent in the fall mitt romney. megyn: dr. hale point out the third is the most important one. how people feel about the direction of the nation. a "new york times" poll suggests 3/4 of the electorate feel we are going in the wrong direction and feel that strongly. how does president obama combat that with a year to go? >> i think they are trying to take this one day at a time. they have got 12 months to make things better. how the economy can get better and the perception of how well he has done as president. if you look at the quinnipiac poll that came out this week,

president obama's approval rating went up on the issue of the re-elect. it was dead even margin of error. megyn: 42% say deserves reelection. >> the new one this week had it dead even. there was a substantial change to what came out this week. in all the polling right now. president obama is beating mitt romney in all the head-to-heads. the democrats are ahead in a congressional generic by 10 points. so i don't think the democrats are happy with where they are. things could be worse. but if i were the republicans i would be worried given how bad the economy is they haven't been able to do a better job against president obama. and their field seems so weak and in such a mess. megyn: dr. hill said he was relying on a poll taken at the beginning of last month which would be the beginning of october, not the summer.

>> a new quinnipiac poll came out this week which has brand-new numbers which shows a substantial change in a positive direction. >> the new quinn by yak shows an uptick. megyn: let me ask you about that. if that's the case, president obama has decided he can't wait for congress. that's the new mantra. he can't control to much extent what many happening in europe. so he's deciding to do what he can do by executive order. do you think the uptick in the poll is a result of that. president obama is seizing the helm? >> i don't know how significant this poll is. you want to see that replicated in other polls. he made progress just having a jobs program. i think the jobs program is ridiculous but at least he's plugging for a jobs program. fundamentally he's hostage to

fortune and what happens in europe. if europe implodes which isn't difficult to imagine and we take another tick down, that will be the end of him, that's when people quit on him. which they have not quite done yet. they like him personally and they wish the best for him and they want the country to succeed. but they haven't seen that yet. average polls he's at 43%, that's a tough place to be for an incumbent president. megyn: he's still beating the generic nominees in head-to-head matchups. you hear from the other side you can't go by that. that person hasn't emerged as the guy to make his case to the american people. how much stock do you put in those head-to-head matchups? >> this will be a very close election. i don't think the democrats believe this will be a cakewalk. the republicans are never faced in the modern era a candidate

like barack obama. there is no democrat with 53 per of the vote who ran for reelect. bill clinton got 49%. he's facing what no republican has faced before when a democrat is up for reelection. he is regaining some ground he shouldn't have lost in the first place. long the economy stays in tough shape there will be an opening for the right republican. i just don't think the right republican is going to come along and take him out next year. megyn: we have someone coming up to claims he's that man. a serious situation developing overseas. just ahead why iran said it is ready for a war with israel. yesterday we told you how justin bieber was accused of being the

father of a 20-year-old woman's baby. now his fans are threatening to kill her. let am not paint all the fans as would-be assassins. some fans. we'll have that report. the attorney for the parent of missing baby lisa said he would make the half brothers available to police. but we just found out from police nothing has been set up. that's next. at bank of america, we're lending

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megyn: new developments in the search for missing baby lisa irwin. her family abruptly canceled interviews with the baby's half brothers. they said the interviews would take place this week. but police confirmed to fox news no interview has been scheduled and the police are still waiting and want to go speak with those

brothers. not to mention with the parents again. judge, you know, last week it was understandable. the lead lawyer was in rome. he was having a blowup with a local council he's about to fire. i can understand, i'm not going to let it go forward. i don't even have a local counsel. where is the interview? >> last week when we spoke i was inclined to suggest that i didn't think these interviews would happen at all not with the parent or children. i didn't say the, and sure enough it came true. it's a matter of they don't want those kid talking to the police. maybe not until they really have a good idea what they are going to say. and why would that be? in a normal case if you are not involved at all, you want all the information possible. maybe they did hear something that might help the police pin down the person who took the

child. and that's the thing about this case. megyn: the mother told me she is worried about the boys ability to handle the interview. let's play the way she put to it me there then i want to talk to you about it. the police say you have stopped talking to them. is that true? >> no. megyn: why are they saying that. >> because we won't let them interview our children maybe. megyn: have they already interviewed the two boys? >> yes. and i said no more. they would no nothing. megyn: that's how she put to it me. isn't it true that if the police get to sit down these kid they do it in a gentle way. not an interrogator, it's a child specialist. so what would be the harm. >> that's the point. a child specialist who is trained to interview children. nobody likes to ask children difficult questions but it has to be done. i have tried a lot of cases, sex

abuse cases where the children are the victims and they have to testify. this is not one of those cases. they sit down with an investigator who is trained. they ask the questions slowly. you don't want to ask leading questions and you don't want the child to feel pressured. megyn: cops talked to them one time hours after their sister went missing. that's a difficult time for the boys. now a month has passed. a month to the day it was one month ago today in the evening little lisa, something happened to her. >> how toss the mother know to say they don't know what happened. they didn't hear anything. how does she know. she supposedly was passed out drunk. how does she know if they heard something or not. only the police asking them the questions in a good setting that's not too disruptive will get to the bottom of this. why are the parent obstructing that. they cooperate and the kid cooperated. the police ask you questions,

they follow up those lead. if they find something is not right they come back and ask you followups. the parent want to be in a position where we expect to police at the outset, we have done our job. now we don't have to talk to them again. what parent missing their child reacts that way. megyn: i want our viewers to know you are a police officer in addition to being a judge. what effect does the delay have on the interview if it ever now takes place? >> you are always concerned, are they tampering with the children's memory? we don't know the parent are involved. their behavior is so absurd for parents who are just victims of a missing child. number two, the children's memory will fade. that's the crucial part. even if you are not involved. what the kid remember will fade with time and become less reliable and less accurate. so that's critical. number 3, the investigation has real suspects. you have got this jersey buy who

seems like a very viable suspect here. but instead of focusing exclusively on him, the focus keeps getting pulled back to the parents. and realistically we don't know. jersey may be involved. he may have kidnapped the child. it may have been done in cooperation with the parent. there are so many opportunities to opinion the thing down if the parent would come forward and say like any parent would, ask me whatever you want. accuse me of whatever you want, but ask mow whatever you want. megyn: the parent say they are worried about how the boy will be treated. they are stressed out and panicked. but the cops are saying it would be a specialist. judge alex, come back, would you? >> absolutely, any time you want. megyn: breaking news on the solar panel company that collapsed and cost taxpayers a half billion dollars. that story at the tomorrow our

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megyn: it looks like the scene out of a diehard * movie. the pictures are shaky but these are police in brazil in a high-speed chase with a plane. >> reporter: brazilian drug agents have been chasing these drug smugglers. they find them in a dusty air strip. the agents are in the car and the smugglers are in the plane. if this plane gets airborne it's

game over. you will receive it first. the entire video is only 34 seconds. you will see one of the police officers go out the window and start firing on the plane with a sub machine gun. they have got to keep the plane from getting airborne, they pick up the speed and go it. smashing into the left side wing. it turns the planes 180 degrees. you will see the agent get out, snap the wing off and they catch the smugglers. the car actually going after toward the left wing of that airplane. the plane as it's making its way toward the end of the runway. bam, it hits the wing, snaps part of the wing off. the plane turns 180 degrees, the drug smugglers are busted. those brazilian drug agents were not messing around one bit.

megyn: fearless. trace were thank you. a serious situation is developing in the middle east. israel says it is preparing for a preemptive strike on iran's nuclear facility as iran issues a new threat of its own. major developments in the solyndra loan scandal. a house committee has subpoenaed the white house. closing arguments underway in the case against michael jackson's doctor. our legal panel weighs in and we'll have a live report after this break. >> the evidence in this case is overwhelming. the evidence in this case is abundantly clear that conrad murray acted with criminal negligence. that conrad murray caused the death of michael jackson, that conrad murray left prince, paris

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megyn: demanding answers on how a half billion dollars of your money went went up in smoke. brand-new hour of "america live." welcome, i'm megyn kelly. a major showdown over the solar panel company that received government-backed loans and still went bankrupt. the white house insists it is fully cooperating with the probe following solyndra's epic collapse. but one republican says getting access to the white house's internal record is like extracting a tooth without anesthesia. quick review here. this started with a huge loan to what the administration said was a promising green energy

company. but then after that company failed there was a lot of evidence that somebody showed somebody should have known this was a firm with a very bad prospect in front of it that did not look like it was going to get taxpayer's money back. >> one of the things the house republicans are focused on has to do with there was considerable resistance to making this loan inside the administration. the folks in the treasury department fought with the people in the energy department saying you can't make this loan. their economic model isn't viable. it isn't going to happen, and the republicans want to know why. megyn: what is it they want that the white house is not giving? >> the white house dropped 20,000 emails or so on this subcommittee on the house energy committee saying we are doing everything we can to cooperate. but in talking to staffers on

the hill, there were thing that raised more alarm in that document dump than allayed their concerns. one of them being there were communications between administration officials referring to private web based personal email accounts. telling people check your yahoo. what that means is you don't have to keep an official record of what was said. that stoked republican concerns things were being withheld. megyn: that's not good. can they subpoena those records? that is what government officials will do if they want to tell you something off the record. all that is discover fabl they send it from their official email. what is your yahoo i.d. >> that's the thing. the white house find itself in a battle. it will be able to protect the email accounts of the people involved in all this? the big issue is this. for the white house, they have a plausible defense. as long as they can say we thought this would be profitable

because the president's environmental and energy plan was going to make fossil fuels and other traditional efficient source of electricity not cost effective and make solar panels more desirable. the company crashed in august long after the republicans had taken over in the house and any hope for that legislation was gone. were actions taken with the loan made after there was no hope for this alternate plan the white house was pushing? megyn: the showdown takes a legal turn as subpoenas are about to go out. chris stirewalt, thank you. big news from the campaign trail. a brand-new national rasmussen reports poll putting herman cain at the top of the leaderboard with 26 per. this was just taken yesterday. that's ahead of mitt romney 23 per and way out in front of the rest of the gop pack.

it's the first new poll since the allegations of sexual harassment first surfaces again mr. cain. two women report inappropriate behavior when he ran the national restaurant association about a decade ago. now according to the associated press there is a new accusation from another unnamed woman. i asked mr. cain's chief of staff about that. the associated press came out with a report that there is a third woman who they contacted and they refer to her as a third accuser because she allegedly told the ap hat herman cain invited her to a corporate apartment and talked to others about her good looks. she is anonplus. she did not complain to anybody at the time. she is only surfacing now because the associated press contacted her. how are you supposed to respond to these allegations? >> we are done responding to among us in allegations, period

within end of story. the. megyn: the cain camp said it's done with this story. they have been all overt airways this week talking about it. they are done with that. as far as those polls go, they were happy with the latest numbers. in my more extensive interview with mark, i will also speak with newt gingrich about the poll result which has some good news for him. wait until you hear where of is versus where he was a month ago. that interview is five minute away right here. got an alert coming in from the middle east. iran now he it is ready for war with israel. that bold statement in response to reports israel may be planning a preemptive military strike against iran. reports earlier this week says israeli prime minister benjamin netanyahu is asking his cabinet to get behind that idea. adding fuel to that fire israel

tests a ballistic missile. that was yesterday. they insist sit was just a drill and had been in the works for months. all of this ahead of an intelligence report on iran's nuclear capability set to be released next week. whatever happened it's believed israel will wait for the results of that report. a majority of israelis are betting on war and most support. iran insists its nuclear program is strictly for energy production but not many in the international community buy that. president obama says the program continues to pose a threat. a will the to work through. trace gallagher monitoring all of this from our west coast newsroom. >> reporter: if you look at the middle eastern chess board it looks like a clash is coming. rhetorical thermometer has risen the last 24-36 hours. you have the israeli prime minister coming out and saying

iran's nuclear weapons pose i'm quoting here a direct and heavy threat to the jewish state. many believe netanyahu wants to strike iran's nuclear weapons strikes with or without the approval of his cabinet. you mention israel test firing that missile. some experts believe it's a ballistic missile capable of carrying a nuclear war head. israel says it's showing it's repair for possible attack. one of the iranian top generals responded to reports of a possible israeli attack. i'm quoting, we would severely punish them. he goes on to say, quote, in careless attack by the zionist regime the united states would also be hit. there are reports coming out of the united kingdom that brits are stepping up preparations for a military strike on iran. they would send the royal navy to assist any possible u.s.

strike on iranian nuclear sites. for now nato kind of staying on the sidelines saying they are not going to get involved. they are favoring what they say would be a diplomatic solution. and underscoring all of this is that poll you talked about, another aspect of that poll says 80 per of israelis believe an attack on iran will lead to war with hamas. remember hamas is in gaza to the south. and hezbollah in the north and lebanon clearly the signs the experts will tell you do not bode well. megyn: trace, thank you. today israel staged a mass drill simulating a missile attack in the center of the country. but the submit downplays that exercise saying it's not tied to these events with iran. it says civil defense drills happen every times a year. moment from now the former u.s. ambassador to the u.n. john

bolton will weigh in live on the escalating tensions between israel and iran and wait could mean for the united states. jurors could be deciding the fate very soon of michael jackson's personal doctor. closing arguments are underway in conrad murray's manslaughter trial. he's accused of causing the pop star's death with a lethal dose of a powerful sedative. the jury could begin deliberations later today. adam housley is outside the courthouse in l.a. >> reporter: 23 days of testimony. the jury hearing closing arguments. the d.a. began his closing arguments a little over an hour ago. but he has been absolutely compelling so far. he talked about the fact there has been 49 witnesses. he says the evidence is overwhelming. the evidence is about the trust of a doctor and if a doctor has

the duty to do no harm. that doctor being conrad murray. >> the evidence in this case is abundantly clear that conrad murray act with criminal negligence. that conrad murray caused the death of michael jackson. that conrad murray left prince, paris without a father. >> reporter: so far just over an hour. bob massey is joining us. he has been compelling and impressive. he's not sort of going over everything all over again. he's say together jury, you remember the audiotape of michael jackson. you remember wait sounds like. he did not play the tape. he's relying on the jury to

remember that. he hammered home special relationship between the patient and the doctor and causation. he's hammering home causation as to the death of michael jackson. >> reporter: the siren had nothing to to with the case. the judge apologized to the jury for take so long. it seems like the prosecution is moving toward their closing arguments. >> he's giving them 90 months total including the rebuttal by the district attorney. he also gave the jury instructions to the jury while they were reading. >> we'll keep you updated. the defense will have their chance to present their closing arguments after a short break. once the da has finished his closing arguments. we'll keep you updated i that goes. megyn: we'll have the highlights of the prosecution's closing argument. we'll have that rundown for you in half-hour on "kelly's court"

with mark and lis. a few month ago most of his senior campaign staffers quit. today the polls showing newt gingrich fighting his way to the top tier in the gop presidential race. who those was down and out. think again. he joins us after the break. >> the idea congress maine are going to sit our for 12 months while 12 people sit in some room and brilliantly come up with a trillion dollars or force us to choose between gughts our military and accepting a tax increase is irrational. they can say we can shoots you in the head or cut off your right leg. which do you prefer? and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios.

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snowfall last weekend. connecticut was hardest hit. 430,000 customers still in the dark. some of them will have to wait until midnight sunday for relief. >> it's starting to get annoying. not to see any trucks out there is the frustrating part. if you saw them out there working. but i don't see them anywhere. >> it seemed to take them three days just to figure out what is going on and where they need to go and another 3-4 day to get it done. megyn: power was knocked out to 800,000 customers in connecticut alone and 3 million across the northeast. protecting your prosperity. property. all of it. hi getting mississippi getting ready to vote to make sure someone's property isn't seized for some wins's prove it.

>> reporter: people head to the polls. it would protect private property from the state taking it to hand over to a private developer for economic development. opponent of this measure say that will and jobs killer because it won't allow us to get the property we need for mega projects like the toyota plant. the director of the hi -- of the -- the director of the mississippi development authority. >> i have had the opportunity to see what is necessary to attract mega projects and what has to happen. and this totally messes up our ability to compete effectively. >> reporter: this initiative is being pushed about it mississippi farm bureau federation. they say everybody is at rise frct smallest home owner to the

largest farm owner. he says talk about being a jobs killer is scare tactics by people who want voters to vote against it. here is what he said. >> we are only one of 7 states that haven't adopted a stronger domain law. people say it's a job killer. but the other 43 states are still getting jobs and economic development, they are still getting businesses to build in their states. >> reporter: there are 43 states that have reformed their eminent domain law and they have laws as strong as those being proposed in mississippi. they say this is a motherhood and apple pie issue and in an election year it's one politicians likely won't touch with a 10-foot pole.

both candidates for governor have come out i favor of this initial tough. megyn: more drones in the middle east. israel says it many ready when it talks about a preemptive strike on iran's nuclear weapons program. newt gingrich coming up. getting to know. new slow kettle style soups from campbell's. extraordinary taste sensations crafted from premium ingredients. slow kettle. new from campbell's. it's amazing what soup can do. i've tried it. but nothing helped me beat my back pain. then i tried salonpas. it's powerl relief that works at the site of pain and lasts up to 12 hours. salonpas.

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megyn: new questions about why several bills in the house for job creation and economic growth have gone nowhere. they represent a bipartisan effort to get millions of americans back to work, but they all stalled in the senate. why? mike emanuel reports. >> reporter: it could be politics. the so-called forgotten 15 are

essentially bills that passed the house with bipartisan support and they have yet to get an up or down vote in the senate. they would reduce regulations. encourage offshore search and development of oil and gasoline, but the bottom line is senate majority leader harry reid has not brought them up for vote. >> the 15 bills that passed the house of representatives that are dying in the senate have not been picked up or act on by the senate leadership. the president continues to travel around the country on his bus tour using rhetoric that divides americans. >> if the president is serious about putting americans back to work he should take a look at these forgotten 15 and tell harry reid to bring them to the senate floor, pass them in a bipartisan way just like they passed the house and the

president ought to sign these into law. >> reporter: the overwhelming majority of the senate democratic caucus opposes the bill so harry reid is not inclined to bring them up for a vote if they are not destined to get 60 votes. nancy pelosi defended the democrats' record in terms of job creation. >> in president obama and the congressional democrats had not acted we would be at 15 per unemployment. >> reporter: the house today is expected to take up two more jobs related bills that have the support of the white house. now house republicans are asking, will president obama pick up the phone and call senator harry reid to say take these up for an up or down vote in the senate. megyn: we are hoping to have newt gingrich here shortly.

plus ambassador john bolton in three minutes on the growing talk of armed conflict between is rate and iran. remember this several-proclaimed superhero. he came on as our guest in "kelly's court." right after an arrest led to his unmasking. could a brand-new development have phoenix jones playing real life crime fighter more often? perhaps even full time? [ rge ] psst. constated? phillips' caplet use gnesium, an ingredient that works more naturally wityour colon than stimulant xatives, for fective reli of constipation without cramps. thanks. [ professor ] good morning students. today, we're gonna...

megyn: a sunday school teacher taking the stand in the sentencing phase of a man in a deadly home invasion in connecticut. that defendant is facing the death penalty for killing a mother and her two daughters in 2007. mortgage rates dropping again. airlines expect full flights this thanksgiving despite fewer passengers. that's because airlines reduced the number of flights. iran getting aggressive today. flatly saying the country is

united and ready for war after israel tests a ballistic missile. prime minister * is rallying support for a preemptive strike on iran's nuclear facility. john bolton is the former ambassador to the united nations and a fox news contributor. there is always some rhetoric in the middle east in between between these two, but this feels different. >> reporter: i don't know that it necessarily is different. would i be delighted if the israelis were pro pairing for a strike against iran's nuclear weapons program. i think that's the only thing that will stop iran from getting nuclear weapons. but whether there is some move underway i don't know. if the israelis were thinking about it, the fact that there is discussion in the media will sure bring it to a quick halt.

the iranians have strategic warning of the risk of their newer jar weapons program. the. tactical surprise is blown at the moment. megyn: how would this get started? would somebody float such a thing to see what sort of reaction there would be? >> within israel we know there are people who don't think that israel should attack the iranian nuclear weapons program. they have been campaigning against it. it could be there is a leak african side the israeli government. but i think it's generally acknowledged that iran is very, very close to achieving its long held objective of getting a nuclear weapon. so if israel is going to take preemptive action, its time is short. how long it is, nobody knows. megyn: their is a report out of the israeli news that the united states will lean on russia and china to ramp up the sanctions

against iran. the response is to crack down on triewn say they are getting ready to hit you, you better get in line. the world better unite again iran. could it be the goal is to raise the stakes for the obama administration pressuring it to raise the stakes for others? >> there are a lot of possibilities. i don't think russia and china will agree to any more substantial sanctions on iran. we have been doing this sanctions effort for five years during which time iran has gotten five years closer to a nuclear weapon. so i think it's way overplayed. the fact is iran is very close. economic sanctions have had an impact on the regime to be sure, but they haven't slowed the nuclear weapon program down. as iran gets closer and closer the risk of military attack grows since the response from iran could be a nuclear response. megyn: we'll get this iaea

report out in november. and we have had them before and a lost them suggest it's getting closer and nothing happens. but we are expecting another one. could it be? do you believe it's possible when that report comes out if it shows iran getting dangerously close to or having it nuclear arsenal, israel would launch a preemptive strike. >> reporter: i don't think there will be anything in that report that israel does bility already know. it's not a spy agency. it gets most of its information of this sort from what's provided by member governments. about it make it public in a way because the iaea does have credibility that will so what some people are been warning about which is how close iran actually is. but that's not new news to israel or the united states. megyn: there response to this report do you think anything will change? >> probably not. i don't think russia and china

and a lot of iran's chorus in the international community will tolerate strict are sanctions. i wish i were wrong about that. but i think the odd favor iran getting nuclear weapons with all after that entails for other countries in the region also getting nuclear weapons and the risk of an exchange of nuclear salvos. i only the only thing that stands that the way of that is someone attacking their nuclear weapons. it won't be the united states for the next 14 months so that leaves israel. megyn: thank you very much. i always love hearing your perspective. we were expecting to have a live interview with presidential candidate newt gingrich. he agreed to it, but we found out it will not be happening due to a technical problem. apparently the camera at the interview location is broken.

the best laid plans. our apologies to speaker gingrich and our apologies to you telling you it will happen. we hope to have speaker gingrich join us tomorrow or very soon and we'll bring that to you if and when it happens. one step closer to a verdict in the man salute were trial of michael jackson's personal doctor. closing arguments are underway at this moment. it all comes down to this. who is making the stronger argument? "kelly's court" in three minutes. >> for them this case doesn't end today or tomorrow or the next day. for michael's children this case will go on forever because they do not have a father.

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megyn: we have breaking news. one of the women who accused presidential candidate herman cain of sexual harassment a

decade ago may be releasing a statement to the media through her lawyer. doug mcelway has the facts and we'll have them in a moment. they are old allegation but the story is just coming forth publicly now. they are bound by con if -- boud by confidentiality agreement. and they at least one of them has reportedly said she would like to speak about her version what happened but cannot because of that agreement. one of these women's lawyers came out this week and said he was going to try to get a release, if you will from the nra, the national restaurant association to allow her to speak. then he came out and said, she is not going to speak because she doesn't want to become a public figure and she may speak just through me about her

version. that's where doug mcelway will pick it up. >> reporter: the national restaurant association has released this statement. it says our outside counsel was contact tacted today and asked to provide our response to a proposed statement by tomorrow afternoon. we are currently reviewing the document and remand to respond tomorrow. that's the word of the senior vice president for the national restaurant association. so while the perry -- while the cain camp wants this thing to go away and put it to rest and move on with their campaign the drip, drip, drip continues. megyn: doug, thank you. "kelly's court" is back in session. on the docket today, awaiting jury deliberations in the manslaughter trial of michael jackson's doctor. the prosecution wrapping up its closing argument at this moment.

then it will be the defense attorney's turn. they get 90 minutes each. then jurors will decide the fate of conrad murray, accused of causing michael jackson's death by gross criminal negligence. >> michael jackson trusted conrad murray. he trusted him with his life. he trusted him with his own individual life and the future lives of his children. trusting that conrad murray as michael slept would care for him so that in the morning he would awake to share a meal with his children. but conrad murray corrupted that relationship and for that michael jackson paid with his life. megyn: joining me now lis weihl

and defense attorney mark eiglarsh. this is one-sided today because all we have is the prosecution's closing arguments. the pros prosecutor laying out a methodical case talking about how this doctor had an oath to do no harm and did not live up to it. >> that he had a higher standard than a civilian did. a special doctor-patient relationship that conrad murray had. then he went on to talk about consciousness of guilt. that conrad murray tried to get rid of the evidence. that resonates well with a jury. if you think you haven't done anything wrong, then why would you try to get rid of the evidence? also this idea of the intervening factor, it doesn't have to be just conrad murray's actions or omissions that caused the death, but that he was giving michael jackson the

propofol, giving him the means to overdose himself, taking the wind out of the defense argument. megyn: what was propofol doing in the room in the first place. i want to play a sound bite to that effect where the prosecutor was talking about the defense argument that he wanted it, he was pleading for it. here is how the prosecution handled that. >> where a doctor is even rested to provide the best medical care to do no harm to his patient. and that a doctor will use that best medical judgment and provide that best medical care regardless of the requests of the patient. because a doctor has a legal duty, an ethical duty to do no harm. a doctor has a duty to his patient. and from each and every doctor that you heard froth this trial,

whether called by the people or the defense. you heard that if a request was made to provide medical treatment that could cause harm, that dock north end would have to say no and walk away. megyn: they had defense witnesses saying they would not have given michael jackson propofol if he had asked for it and one said i did say no when he asked me for it. >> this case could be that simple. before we get to anything, why was propofol being given in a house setting. and that could do it. i don't think all 12 jurors are going to make that finding. i think it will go deeper than that. he made a lot of errors. the defense will concede he made a heck of a lot of errors. but all that comes up the umbrella of carelessness. but to prove gross negligence they must show recklessness. if you look at the language in the statute. it talks about recklessness. if the jurors want to find him

not guilty because they care about him, could say it fell short of a willful and wanton disregard. megyn: will the jurors believe conrad murray cared about michael jackson or will they believe was motivated by money, $150,000 a month, and doing whatever it was his employer/the addict asked of him. i want to play a little bit more sound top that point from the prosecutor. >> conrad murray sought payment for services rendered. services rendered being the provision of propofol to michael jackson in his bedroom on an almost nightly basis for over two months, according to conrad murray's own word. for services rendered. not for proper medical care, not for the sake of doing no harm, but an employee-employer

relationship for services rendered. >> what they are argue is he cared a lot, he cared about the $150,000 a month he was getting. all the character witnesses that testified for him, they don't stack up to much because those people were in hospitals when they were taking care of him. and conrad murray was mailing to his girlfriend. he knew of he wasn't supposed to have it. >> if they push that argument too hard that would be my only criticism of the prosecution. they don't have to proffer that he was money hungry, insensitive. there is a lot of evidence showing that this guy was otherwise a compassionate guy who gave to the poor, who didn't care about money. now, they don't have to prove that so why go there. >> i think it takes the sting away about character witnesses

that testified for the defense. they were good. i thought they were better than the expert witnesses who testified. megyn: the one guy kissed him on the head after he left the witness stand. he loves dr. murray. >> we heard the judge tell the jury, i never heard this jury instruction. if the character evidence is so compelling you could find reasonable doubt from that. that's what you gather from that instruction. jurors can say there is a reasonable doubt. megyn: that's why the prosecution has to push this, it was all about money. they have to counter that. >> no. i disagree. that's too much. you don't have to go about with the money. megyn: but they have gone there. i want to ask about this. we have been talking about whether they are going to

empathize with conrad murray or michael jackson. we haven't talked that much about michael jackson's children. and how they don't have a father. it was not a point that was lost on the prosecution. >> for them this case doesn't end today or tomorrow or the next day. for michael's children this case will go upon forever because they do not have a father. they to not have a father because of the actions of conrad murray. megyn: do they hold that -- do they hold that against dr. murray or do the jurors hold that against michael jackson. let's face it. the man was an addict. i know the doctor was not supposed to fuel the habit. but might they be in a personal responsibility kind of mind frame? >> the defense is hoping for that. but i think they will hold that against conrad murray. i would have been off my seat and that would have bent only time i objected during the

prosecution's closing. the judge tells them sympathy play no role. you will notice chertoff moves his chair. >> if he had jumped up and objected they would looks like this horrible defense lawyer talking about the kids. you can't do that. he made the right call in staying seated and hopefully the jury will look at the acts of conrad murray and what he did and didn't do. megyn: is there a chance this jury is going say michael jackson was the addict, michael jackson is the one who asked for the propofol. even if he didn'tackson is ultimately responsible. >> not if the jury takes in the jury instructions the judge gave earlier. basically he didn't say it outright. but basically michael jackson even if he was an addict and trying to take the propofol. if conrad murray allowed that

propofol to be in a place where it shouldn't, that makes him guilty. >> the jurors could reach the opposite finding under those instructions. megyn: we'll see you tomorrow. a real life superhero paying the price. who could forget phoenix jones who gears up in full costume to protect seattle streets from danger. wait until you hear what happened after he came on america live when he was forced to reveal his identity. cranberr! ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

megyn: their work have visas are about to expire, so a south african family in the united states is turning to through makers asking they be allowed to stay. they are parked my high-rankle marine officers who say their

work is critical to the troops. heather? >> over the past decade hundreds of private bills have been introduced, only nine have become law. and they hope to become number 10. >> it was with horror we discovered we were no longer suitable even though we continually renewed our visas and qualified under their criteria. all of a sudden to apply for permanent residence we were told we didn't qualify any longer. >> reporter: they moved here from south africa 10 years ago and have a business teaching information management to the u.s. military. >> it has had a massive impact and is saving lives on the battlefield. >> reporter: they say their only hope is a bill through congress.

the representative says the committee's response private legislation sought about it stuart family cannot be considered. >> right now the ins is not the enemy. time is. there is only 30 days. >> reporter: the stuart family entered the united states with l visas to work temporarily and subsequent immigrant petitions were thoroughly reviews but denies. if that option is a private bill it has to pass through committee, congress and the president. so the stewarts are running out of time. megyn: the european financial crisis and a greek bailout both hot topics. why do we care? if they can't figure out their problems, they become ours. we're america's natural gas

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>>megyn: super heroes keep their egos secret for a reason. phoenix jones was fired from his day job after hit identity was revealed. not by us. the self-proclaimed seattle crime fighter had to take off his mask after being add and he was accused of pepper spraying people but he was not charged. and phoenix joined us on america live in kelly's court after that incident. >> you wear the costume. why as a super hero? >>guest: well, you have to draw attention to the fact that crime is not okay and that there are people running and who are out-of-control. and the only way to draw, to draw attention to the fact and not look like i would do something bad, like a ski mask, i took the, an image that meant something to me, and made the