jenna: jon, i was hoping you left your wallet down in the newsroom, but it turns out it's just your blackberry case, so i'm holding it hostage. done, next week. megyn: fox news alert, a critical new challenge for the president's re-election campaign. a brand new poll indicating he could face a tough struggle if mitt romney is the republican nominee. welcome to "america live," everyone, i'm megyn kelly. new numbers just out showing president obama is now in a dead heat with mitt romney, finishing just behind if november 2012 presidential election were held today. look at that, romney at 44, the president at 43% of the vote. technically, it's a dead heat, but it is also a six-point jump for governor romney sense september. -- since september. bret baier live in washington on in the breaking news. this is the first time in the

head to head matchup golf romney pass -- governor romney pass the president. what does it tell us? >> well, it tells us that governor romney is, right now, the candidate potentially who matches up best with the president. but we should point out that rick perry is four, five points back in this head to head matchup, and herman cain is three points back. so while mitt romney may be up a point, it's all really within the margin of error on the top three candidates in the gop field right now according to the polls. so what it means for the administration is that in these key swing states the president has lost some ground particularly with ip dependents. megyn: but why? because the polls also show the president's approval number has gone up, and yet he seems to be going down at least versus mitt romney. so what are we to glean from that? >> largely, basically, the economy and the fact that we're

at 9% unemployment as of today. the situation more than 14 million unemployed. if you look at the unemployment and underemployment rate, you're at about 15, 16%. and in these swing states, it is key. we saw an election, megyn, earlier this week, a ballot initiative in colorado, which is the swing of swing states in 2008. you'll remember, of course, the convention, democratic convention was in denver, and president obama carried that state. they voted not to increase taxes in colorado for an education ballot initiative. and even on the local level there were a lot of votes that, essentially, indicated that people are not into raising taxes. if that translates beyond colorado to other swing states, that would not bode exactly with what the administration and democrats in congress would like to see. megyn: you know, president obama, obviously, doesn't want to see himself losing in these

polls to mitt romney who's not even the nominee yet. democrats have talked about how the president continues to beat all of the republicans in these hypothetical, head to head matchups, this is one of the first polls i can remember showing that not to be the case. but how significant is it that some of these head to head matchups in several of the swing states now are starting to tighten, bret, and not just between president obama and mitt romney, but we're seeing some tightening between a hypothetical matchup between president obama and herman cain, even preen president obama and rick perry who is lagging on the gop side but at least according to "usa today"/gallup when you look at the swing states, romney himself is within five points of the president. i'm sorry, perry. >> yeah, and we point out in these polls the margin of error, plus or minus three. so, essentially, they're tied. listen, we read a lot into polls. sometimes people criticize us for reading too much into polls too early.

a lot can happen between now, obviously, and november 2012. and if economy, it looks like most economists will say the unemployment situation is not going to improve dramatically, and this president is going to have to run a re-election bid with the highest unemployment of any president since world war ii. that's an uphill battle for the administration. but if it's on a trajectory where it's running in the right direction, they're betting they can swing some of these key states their way. megyn: yeah. that's already been the message we've been hearing from president obama out not on the campaign trail, but as he promotes his jobs package. see you tonight at 6 p.m.. >> okay, megyn. megyn: we are waiting right now for herman cain to address the defending american dream summit in washington d.c. it's run by the conservative american prosperity organization. this smut designed to help -- submit designed to help educate people about education policies. you can watch it streaming live on our web site, foxnews.com.

well, democrats launching new attacks in their campaign against mitt romney. they are now using a new web video featuring an exchange between former governor mike huckabee who now has a show on fox news channel and governor romney to blast romney's stance on a very sensitive issue. coming up in our next hour, we will show you the ad that takes aim at governor romney and his exchange he had with governor huckabee, and mike he can wee will be -- huckabee will be here live to speak about whether he thinks they went too far. iranian protesters taking to the streets of tehran chanting, "down with america," and holding their usual signs as they mark the 1979 takeover of the u.s. embassy in tehran. it was 32 years ago when iranian students stormed the embassy holding american hostage for agonizing days. amid rising tensions between

iran and israel, we have seen several reports of suggestions that israel could be considering a military strike as we get word of fresh evidence that iran could be close to having a nuclear weapon. think those two things are related? reena ninan live in jerusalem. >> reporter: hi, megyn. a source close to benjamin netanyahu says he doesn't believe he'll ever get a green light from the u.s. to strike nuclear facilities, so some here are wondering if they can settle for a yellow light. there are senior cabinet officials who were opposed who are now for it, and they cite the 1981 attack on iraq's nuclear facility as a key point. they said the reagan administration was against it at the time, but after the administration said it was the right thing to do. they believe here in israel that the white house, the current white house might follow the same scenario. but skeptical analysts say that the situation in iraq 20 years ago is not the situation in iran, that the facilities there

are much more technologically advanced, they're harder to strike and spread out. but in israel there seems to be almost on a regular basis emergency preparedness drills taking place here. but we do know that the former head of the mossad has publicly said it's one of the stupidest ideas he's ever heard, and a new poll cites this week 80% of israelis believe that a strike on iran would mean a war here in israel with iran's proxies, hezbollah in the north and lebanon, and hamas in the south. but the question is among israeli leadership, if a strike were to take place, the timing is key. and would it happen before elections in the u.s. or after? some believe that president obama won't be able to criticize israel for an iranian strike before the elections in november because of the jewish vote. megyn? megyn: reena ninan, thank you. folk news alert, new

developments in the disappearance of missouri baby lisa. after going all out in a comprehensive search since she vanished one month ago, we are now hearing reports that the kansas city police are sort of reversing course. a local television station reporting that police are no longer actively searching for this beautiful missing baby girl. trace gallagher has the details live in our west coast newsroom. trace, what is the report, and then what are the police telling fox news? >> reporter: well, we just, we just contacted the police, megyn. they told us the very same thing. they have called off all the searches because they've got nothing to go on. and as soon as they get something to go on, they'll go back, and they'll redo the search. so really this is becoming a case of more what they're not doing than what they are doing. police have now called off the searches unless they get more information. you have no interviews with baby lisa's brothers, and police desperately need that. they have not reinterviewed the parents, and they're not scheduled toed to do so, and

they believe that might be the key to the case. and ask on top of that, we just contacted the new lawyer for this case, his name is john, and he just told us, and i'm quoting here, no comment until the end of next week. remember, the old attorney, cindy short, was fired because she spoke too much to the media. this is interesting, though, megyn because remember deborah bradley says she was out on the night in question drinking wine with a neighbor, in fact, she told you she had anywhere between five and ten glasses of wine. bradley says she went to bed at 10:30 that night. well, the neighbor stayed up drinking until 11:30 chatting with another neighbor. that neighbor reportedly just separated with her husband on the very same night. the husband now says that he was given and passed a polygraph test by the kansas city police didn't, so clearly you've got the kansas city police still going through that process of elimination. but the lawyers, both in new york and kansas city, are not talking. the parents are no longer

talking. the cops have nothing else to add, and one month ago today you had an 11-month-old or a 10-month-old at that time went missing. and by our count, megyn, nobody is searching for this baby anymore. megyn: yeah. and that -- the neighr, samantha, is the one who was drinking with deborah bradley, and it's her husband who reportedly passed this polygraph. i'm also told he's got a very good alibi even though he was, you know, living next door to them. the police talked to him, looks like they're ruling him out. i want to focus as we go forward, trace, thank you, on this report now, that the police have stopped actively looking for the baby. what does that mean? mark fuhrman, who's been covering this case with us, tells us he believes that it means the police think baby lisa is dead. that's not what they're saying, but mac fuhrman was a homicide detective for 20 years. that is what he says the conclusion you can draw from this latest information. we're going to have more on it

in if 30 minutes from right now. new battle over alabama's controversial immigration law. that state's attorney general up in arms after the federal department of justice requested school data on hispanic students, and the state attorney general doesn't think the feds have any business doing this. we'll have that for you, three minutes away. and police releasing for the first time surveillance video of a deadly shooting at an ihop in carson city, nevada. the chilling details police say they are uncovering about this gunman. and american doctors could soon be seeing major cuts to their paychecks. why and what that means for you and your family. >> in the proposal makes medicare stronger -- this proposal makes medicare stronger, the coverage better and the finances more secure. and anybody who says otherwise is either misinformed, or they're trying to misinform you. [ male announcer ] cranberry juice? wake up! ♪

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megyn: well, brand new numbers today on the millions of americans looking for a job. the u.s. economy adding 80,000 jobs in the month of october, the unemployment rate in this country dropping to 9% from 9.1%. this is the first time that number has gone down since july according to the feds. it take, however, a gain of about 125,000 jobs a month to bring the unemployment rate down senately. significantly. a growing showdown over alabama's tough new immigration law stemming from the didn't -- department of justice's request for information about student enrollment in the schools. at that state. alabama's attorney general drawing a line in the sand saying he wants to know exactly what authority eric holder and the doj have for such a request to the states, to the schools in his state. gregg jarrett live in our new york city newsroom with the details on this. >> reporter: megyn, alabama is telling the feds to butt out, you've got no legal right to

demand information from our schools about our kids. well, this began on monday when thomas perez, the assistant u.s. attorney general, sent letters to all the schools in alabama demanding that they turn over enrollment info including how many kids quit school or just fulled a no show after the state passed that tougher new immigration law. part of it requires schools to collect info on the immigration status of students although, and this is important, it does not exclude undocumented aliens from the classroom. doj says it's worried it, quote, may discourage student participation and/or lead to the exclusion of children from public education based on their parents' actual or perceived immigration status. well, that prompted luther strange, alabama's attorney general, to fire off a response that said, hey, none of your business. show me your legal authority for demanding that kind of data about our kids. quote, otherwise i will assume

you have none and will proceed accordingly. well, when i asked a few hours ago what that vague and ambiguous phrase means, the ag's office refused to elaborate which may mean they don't know what they're going to do. remember, department of justice already sued alabama to stop the immigration law, and a federal court of appeals has blocked enforcement of the provision, alabama is repealing that. you know, meg, it's debatable whether eric holder and his gang have a right to get their hands on student info. the litigants have to get a court-approved subpoena to get anything from the other side. that's not what doj did here, and they got caught red-handed. megyn: you know, it's interesting, because even in the course of a normal litigation if i'm the state attorney general and you're the federal attorney general and you want something from me that'll help prove your case, you've got to go through me. i'm the lawyer for the state, i'm representing, essentially, these school districts. but that's not what happened here. >> reporter: and a judge will

normally spank that individual, here the doj, for directly trying to contact the other side without counsel. megyn: you know, but yesterday we talked about this, and the lawyer -- or the advocate who was making the doj's case said it's different here because the doj, the federal government, i should say, oversees certain education initiatives and, therefore, does have direct communications with these state departments of education. the wrinkle here is there happens to be a litigation. >> reporter: right. you've got to go to the judge first and ask for this information, that's the right way to do it, and they didn't do that. megyn: seems someone has thumbed his nose at the federal government, we'll see how that pans out. new developments in the raging debate over voter id laws. house democrats lashing out against all 50 states warning them to drop the laws that were designed to protect the integrity of the polls, but democrats say they, basically, lead to voter

disenfranchisement. will this lead to a free-for-all at the voting booth? our panel weighs in. plus, a dramatic about face in the search for lisa irwin. kansas city police at first left no stone unturned, now this search has apparently come to a screeching halt. what does it mean that they now say they're no longer looking for the baby? and then, it is the police versus the police. one cop stops another at gun point. the details and now the fallout for this trooper coming up. >> turn around, right now! put your hands out that window right now! put your hands out the window! ♪ i'm making my money do more. i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start.

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e.g. meg fox news alert, the lawyer for one of the women who

accused presidential candidate herman cain years ago of sexual harassment is now expected to hold a live news conference very shortly regarding the allegations. the woman's lawyer, joel bennett, expected to come on camera and speak on her behalf is what we're being told. now, this woman, we're told, was an employee at the national restaurant association while mr. cain was head of the group. at the time of the alleged incident back in the late 19 t 0s. he has been seeking permission to release her side of the story, but she doesn't want to come out. she says she doesn't want to be the next anita hill. he wants to tell her side, and he's sought permission from the national restaurant association to let him do that because she's bound by a confidentiality agreement. now he says he's coming on camera to speak on her behalf. we'll take you there live when with it happens. well, america's doctors are steeping a steep 27% cut to their medicare payments.

congress has usually reversed these mandated cuts under past budget acts, but our dr. siegel thinks his fellow physicians should not expect a lifeline this time armed. dr. marc siegel's with me now. doc, they always pass this. a decade ago or more they put this in place and said cut the doctors' pay to pay for medicare. >> and medicare services are beyond what are expected for physicians. we get penalized every year. megyn: but every year they do the so-called doctor fix so you don't get your payments cut so elderly patients don't have to worry. why do you think it's going to be different this time around? is. >> every year it accumulates, now they're saying 27% which is an incredibly high number. i worry this year because you know what they usually do? they hide this cut in some other bill. last year it was the unemployment bill. but with the supercommittee there, and can they're looking so carefully at the deficit, what are they going to do? they're going to let this o can

you are? the american college of physicians is going to the supercommittee ask -- and saying, yet rid of this altogether. megyn: wait a minute, they're advocating on behalf of the physicians. >> the permanent doctor fix. megyn: take this off the table, stop doing this to us. >> the reason i think this suspect going to get kicked down the road is because right now the supercommittee is not looking at increases, they're looking at cuts. so the american college of physicians is saying give us a $300 billion increase by getting rid of these cuts permanently. megyn: you're part of the 1%. who wants to help you? >> not only that, there's no recognition, megyn, about what really comes on here. if nana comes here to see me at 96, i'm sorry, it takes her longer to get into the office than a 40-year-old. she may have more medical problems, more medications, it's harder for me to take care of her, medicare is not increasing my payments.

the ama found out a year ago that 17% of doctors are already restricting their medicare practices with a 27% cut on top of that, we're going to run away from medicare. megyn: it's not going to incentivize you to take care of the more senior parents on medicare versus younger patients who have private insurance, that's what you're saying. >> exactly. there's a study out that says at least 15% of family practitioners are going to drop medicare if there's at least a 25% cut. we can't work. megyn: if that happens and we have less and less doctors willing to take patients who are on medicare, where do they go? if you're nana's doctor and, obviously, this is all hypothetical, nan, don't you worry, dr. siegel will see you -- [laughter] but if you were nana's doctor, where would nana go? where would they go? >> well, the first thing is they would have longer and longer waits for procedures, for any kind of medical treatments they need. and, obviously, they would have to go to the emergency room when

they get really sick. so more and more health costs for that and bad medical outcomes. we're going to see medicare turned into medicaid if this continues. 50% of doctors are already restricting their medicaid practices. we see that with medicare, and elderly people are going to be in big trouble at a time when technology's improving. one of the reasons i can take care of nana is because i have better tests, better treatments. i want to use that on the elderly. megyn: you i know, i joke you'rn the 1%, most doctors are not rolling in the dough at all. a lot of them make, you know, 90, $100,000 a year, but they've got medical school loans and so on and a lot of overhead and a lot of malpractice insurance, so it's tough. >> and you can't take care of an elderly person in five minutes and look into the waiting room and say, oh, boy, i don't want to see another elderly patient. that is bad medicine. megyn: and the good news is they expect it to pass although more and more doctors are saying

don't count on it. >> i'm worried about it in the we're year. megyn: thank you, sir. >> thanks, megyn. megyn: the obama campaign is reportedly working to get around new voter id laws in various states, working actively to counter them. now top democrats in congress are trying to roll back new rules with an ominous warning to the secretaries of state across the union. we'll look at what's at stake in if three minutes. and baby, baby. justin bieber, the woman who with claims the pop star is her child's father, why she may now have some explaining to do to the police. ♪ so who ordered the cereal that can help lower olesterol

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megyn: nevada police release the horrific surveillance video showing a crazed gunman opening fire in a carson city i hop. a mexican national who told his demons. among the dead, three members of our national guard. >> reporter: this was 85 seconds of terror. for the first time we are seeing these images as it was happening. we have surveillance video and

still pictures. he actually went over and shot some woman outside the restaurant after the shooting inside. he shot a woman as she was on her motorcycle trying to flee. her helmet saved her life. then he turned to continue shooting. he fires off several more round. then he goes to his car and grabs a handgun an shoots and kills himself. there are still pictures inside the restaurant showing blood. we are not going to show you those other bodies. but look at chaos inside this i hop. you can see the bullet holes in the windows and stuff strewn all over as people tried to flee out of there. he brought in 500-plus round to shoot. he told a priest before the shooting that he needed help because voices were telling him to do bad things. that's the motorcycle helmet that was shot point blank that

saved that woman many life, even though three national guard member were shot and killed, there is no evidence he was targeting the military in any way at all. megyn: trace, thank you. just days after the president's reelect team said city would challenge new voting rules that are popping up in various states, top house democrats sent letter to all 50 secretaries of state urging them to fight, quote the disturbing trend of new voting laws, that, for example, require voter i.d. the letter read in part, quote, whether its is an elderly woman unable to locate her birth certificate or a college student whose school-issues identification is not among the i. acceptable for voting, or discabled vote rans, public

official on all levels of government should be striving to facilitate their right to vote, not make it more difficult. alan coal manies, host of the alan coal manies show. the democrats in the house view this as a disturbing trend that more and more states are requiring things like photo i.d. to vote. they did something upheld by the u.s. supreme court as constitutional including an opinion by the most liberal justice john paul stevens. and yet the democrats don't seem to like these laws. >> many states have had these laws on the books for years. i swear as a yaid radio talk show host i don't go to work every day for reasons to denounce democrats. i promise i don't. alan won't believe that. but i swear to you i'm becoming slowly convinced that the official democratic party

establishment does prefer to be on the side of lawnessness,d -- lawlessness, an oy and chaos. went support of the occupy wall street anarchists to this issue where steny hoyer is saying we don't want -- we think it's unreasonable to have somebody identify themselves officially before they cast a vote. your side and the democratic party are just a bunch of people who are lawless. >> you are painting with so broad a brush you want to smear the entire party and every liberal and demonstrator. let's talk about what this is about. historically democrats have fought for enfranchisement. republicans have fought for

disenfranchisement. if you are a college skewed you can't use your college i.d. this is very important. the fact that this is not a real issue, between 2002 and 2008. 140 people were charged with voter fraud. between 2002 and 2008, 100 people were convicted. this is not a real problem. >> the more people, the various groups who vote worse you do. that's what this is about. >> it many democrats making this an issue. if it's not an issue steny hoyer shouldn't bully all 50 seconds of state. megyn: here is what he said. steny hoyer joined by these democrats said it's a form of voter profiling that makes it difficult for certain groups to vote. voter i.d. laws, citizenship requirements. purging the voter rolls of

people who paid their debt to society are stealing access to the ballot. >> the republicans continue to fight to have fewer people vote. the democrats want to increase the vote. megyn: the democrats always say it's about diseven franchise and the republicans say it's about voter fraud. >> we don't have enough voter fraud to make this an issue. megyn: is it fair, mike gallagher, you have representative cleaver, the chairman of the congressional black caucus. he spoke about how his grandfather had to face literacy tests. how many bubbles are in a bar of soap. what cleaver says is quote we are doing things that are just as dastardly wrong as what were done to my grandfather and

that's why they wrote this letter. >> no one with an ounce of sense equates what emanuel cleaver is say being this granddaughter to showing your i.d. to cast a vote. these are scare tactics. alan's moral relativeism -- there is only a little bit of fraud going on. it's not that big a deal. moral relativeism. >> explain why i.d.s are not acceptable. why is that? you can't use a student i.d. in wisconsin. megyn: when the supreme court upheld the voter i.d. laws, this is a case that came down in 2008. it happened in indiana. they passed a photo i.d. requirement. the supreme court said it's constitutional despite there was the fact there was no evidence of any voter impersonation at

the voting box. >> if it's constitutional why deny certain kind of i.d.? why tell student you can't use your i.d. in the constitutional framework you describe. >> why don't you belly ache about people who aren't allowed to fly because they don't have i.d. you can't get into the building at fox news without showing i.d. megyn: thank you both. thank you, alan, mike. coming up. a significant development in the search for baby lisa. her disappearance sparked a massachusetts massive dragnet. were hearing reports the kansas city police have called off their search for this child. we'll speak with a former fbi investigator about what this means for the case. the occupy protests in oakland turned into riots. new questions about whether oakland's mayor helped open the

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megyn: police are no longer actively searching for missing baby lisa irwin. the 11-month-old vanished one month ago. we contacted police there who said they will search for the baby when they have another idea or reason to. but they maintain they are following up on lead. joining me now, former fbi investigator bill davies. mark fuhrman says he believes the police believe she i dead. >> i don't think that's the case at all. it's a case that has gone on intensively for a month. from local police to the fbi, the national guard.

people doing volunteer work looking for the baby. but at this point i would think over 1,100 leads which the police department checked out 1,000 of those, they feel as though they don't have anything substantial enough to have the same contingent of investigators assigned to it. we are compassionate and concern about the baby. it's a natural process. it's not a vine -- it's not a vine deckive -- it's not a vindictive one. megyn: they told us the parent are still not cooperating in the investigation meaning they will not sit down with the police and answer the questions police say they need answered. i want to talk more about the search. they did a lot of searching. but we are only a month into it. if they believe the baby was possibly killed, and then her

body was dumped someplace. why wouldn't they continue to search in does this in any way suggest the police are looking for at an intruder theory? that somebody took her and ran as opposed to we need to find the body of this missing baby? >> i'm sure the police executed an intensive search around the area. you have to try to look at things and rule them out. you can't just dismiss them off the bat. that they looked at that. beyond that where else in there are countless places where someone could dispose if you are thinking of a child being killed either by people they know or by an intruder. where are they going to look? megyn: the fbi is in on this case. when do you -- i'm not saying the police have given up. i know they are working hard. but at what point do you abandon the shoulder to shoulder * land

searches. going back to where the river meets, not far from that house. they did that a lot during the first couple weeks after the baby went missing. it's 30 days to the day today that they reported her missing. it seems early. forensic evidence could be lost. it's possible that baby is out there or her remains are out there and they could have critical evidence. >> i would suggest to you the police are keeping a contingent of officers working on this case. it doesn't mean they are rolling up their pup tents and leaving town. i would hope they are revisiting sites like in the caylee anthony case. i would hope they are revisiting some of these sites. about it is a matter of manpower and priorities and they have to say what do we need to do what we have to do and what do we have to do for other citizens. megyn: we watch too much law and

order. we know that. it should be easy for the police to find something to solve these cases. if this child has been killed and discarded. how hard would it be a find a body. an adult human body? it's not as easy as we think. it's like finding a needle in a haystack even when it's an adult. >> we have had cases where someone suspects a person was put into a barrel when looking for possible remains and they haven't found them. so for a small file it would and lot easier. we go back to the point in the investigation. i don't want to suggest in any way the police are going to back away. without active lead they can research some of the same areas they looked in before from a physical standpoint. but from an investigator's standpoint. we know about the cell phone call the evening the baby

disappeared. we have had a number of steps. it doesn't seem that they are as forthcoming as you would expect. misstatement to the police about time lines. we have a cadaver dog. then the cell phone incident where they said they were turned off, they weren't in use. but a call was made from one of those phones that evening. there are a lot of things i wouldn't say -- they are not helping themselves. megyn: the amber alert was canceled after 24 hours. the folks in charge of amber alerts say it's unusual. i don't know what it means. but it doesn't bode well for this child. let's continue to hope. bill daly, thank you. most americans may be focused on the dismal economy and the jobs market. but the democrats are trying to change the focus featuring mitt romney. will the strategy pay off?

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megyn: fallout after a highway patrol officer arrests a miami cop for reckless driving. a state trooper draws her gun cuffing a miami cop who was reportedly going over 120 miles an hour. now the fight is getting nasty. >> reporter: that video with the gun drawn and the than cuffing of the miami cop on the turnpike has triggered bad blood in florida and the country. the miami police union so angry they posted this letter including the trooper's photo, calling her reckless and out of line. >> all i can see is a white patrol car with blue. it would be a miami or -- >> back off. >> reporter: but she did not back off.

she went ahead and pulled the car over. no explanation. it's under review. the 7-minute chase down the florida turnpike happened at 6:30 in the morning. the cop said he was on his way to an event at a school. the trooper's gun was pulled from the holster. >> her pulling a gun and pointing it at his head and putting handcuffs on him i couldn't believe after a minor traffic stop. >> reporter: the incident is under internal review. but this videotape is something the police chief told me he has never seen before. one officer chasing a big city cop handcuffing and screaming at the officer is triggering

serious antagonism between two of florida's law enforcement departments. >> i would have loved for watts to try and pull me over and draw her gun on me. she would have had a rude awaging. . >> we are enforcing the laws of the state of florida regardless of who's driving the vehicle. >> reporter: the leadership of both of departments are trying to get their troopers and officers to cool down. megyn: the state trooper was going to a second job. he said he was late for his second job so he had to go 122 miles an hour on the streets. the trooper said he scared her because she had been chasing him

for several minutes. we'll watch it. the occupy protest in oakland turned into riots, attack on police and vandalism. today new questions about whether oakland's mayor helped open the door to this. map [ male announcer ] how are we going to make this season better than the last?

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so don't wait another minute. be sure to call today. call now for your free medicare guide and information kit about aarp medicare supplement insurance plans, insured by unitedhealthcare insurance company. megyn: fox news alert. right before we get big news on iran's nuclear program. we get word from the pentagon that iran just moved into the top slot as the biggest threat to the united states in the middle east. i'm megyn kelly. a senior u.s. military official saying the islamic republic is more dangerous to our national security than al qaeda. this less than a week before the world's nuclear watchdog releases a key report on iran's nuclear weapons research. this as israel considers a military strike on iran's

nuclear facility. >> reporter: there is real concern at the top levels of the pentagon that israel will act alone and strike against iran. i was speaking with one senior u.s. defense official involved in national security discussions about this, and he told me that if israel does decide to act, the u.s. will not stop its war planes. israel's defense minister has made repeated trips to the pentagon in recent months. pentagon sources say the u.s. is concerned because six months ago the israeli prime minister netanyahu purged his military of generals who did not support a strike on iran. the u.s. also heard netanyahu's wife sarah is pushing him to act. they have f-16 fighter jets be, bunkers busting bombs and an air

refueling capability. the planes would be able to fly over iraqi air space with greater ease. even though the israelis don't have stealth technology and would likely take losses, prime minister netanyahu is willing to accept those losses. september 28 iran tests a cruise missile capable of hitting naval and coastal targets within a range of 124 miles. is reallies would have to gird themselves with hundreds:not thousands of missiles. but also what's interesting, the u.s. defense force i spoke to says that the u.s. warned israel fit used a cyberattack against iran's nuclear program as we saw, it may be premature and they could wait for a larger cyberattack down the road. now that that cyber attack has occurred. some generals near the pentagon

are worried that the likelihood of a conventional attack is more likely. megyn? megyn: in california the mayor of oakland coming under fire following violent protests. demonstrators setting fires, hurling move to cocktails. the aftermath of what was originally a peaceful demonstration wednesday. it's all connected to the occupy wall street movement. after dark it became police in riot gear battling anarchists. now officers are turning their attention to the city's mayor who gave city workers the green light to participate in these protests while telling the police to beef up. the president of the oakland police officers association is with me now. so this mayor has said to the city workers go on out there and join the crowd wednesday if you like. then said to the police, beef up your presence and make sure you

keep law and order. in the meantime we wind up with three officers injured. another one bitten. protesters pelting the police with rocks and bottles and other items including a sledgehammer, a bike lock and a chisel. to all of this you say what? >> the messaging was incorrect. we were told to -- the city was told they could take the day off. every city employee except the email to the police officers that the days off were canceled and we would be watching this protest. and that's what we were told to do. megyn: do you feel you were thrown to the wolves a bit by the mayor? while this protest started off as peaceful and many of the occupy protesters say they wanted it to be peaceful. but some were not. >> absolutely. we were made out to be the bad guys. we were sit for failure and

that's why we wrote a letter to our citizens of oakland letting them know what our position was. you can see later in the evening on the day of the protests, the whole day was pretty much peaceful. but at night it got violent. not only were they taking rocks and bottles. they were taking m-80s, utilizing some kind of projectile device to launch these things at our officers. megyn: who are these people? i have read conflicting reports about whether these are the occupy wall street protesters or if this was a print splinter group that hijacked them. if you know. they came out and said one meeting facilitator said it was not just outsiders. it was also occupy protesters. >> they are not oakland residents. these are people from the outside from all over the country. i gather. and from what i hear. and they are just coming here

for one reason and that's to destroy the city. they did a pretty good job of doing that. they halted a lot of business downtown. oakland is a humble town and it doesn't have the money nor the time to deal with this type of issue. we need our police officers out in the street. this is one of the more violent cities in the nation. we need our officers out in the area and not just dealing with these kids from out of town. megyn: it was the "oakland tribune" that reported that. do you believe the police are in dane gler trying to corral this group? >> we are trained very well here. this is not the first protest we have had. we have a lot of experience in protests. but, you know, the officers are able to handle the situation. our chief today, the interim chief is doing a good job organizing our response. we'll sustain some injury. when you throw rocks and bottles

and mol of cocktails we took, you will take some injuries as we did. megyn: let's hope that stops. all the best to you, sir. >> thank you. megyn: we are hearing about one man with a hand on approach in orangeland when masked protesters armed with hammers and sticks burst into his building he scared them off with a shotgun. >> those who say it's peaceful are aiding and abetting by not turning in those who are not. megyn: that man is a big-time developer who oversaw a renovation on the building. he calls the shotgun approach a universal "don't come any further" sign. now he's getting hate mail. the oakland city council held a special meeting to address the occupy movement. one guy trying to take police to

task over the injuring of a vietnam war veteran. >> i would like to see them bankrupt the city and when it does, i know a lovely park where you can park your tents. >> the police officers showed restraint. >> your time is up unless someone wants to cede your time. >> could someone call a police officer. you are all under citizen's arrest. megyn: that woman is still waiting to make her arrest and drag away the city council. a fox news alert. wore awaiting a verdict in one of the most publicized trials in years. these are live pictures outside the courtroom where dr. conrad murray is waiting to hear his fate as the jury deliberates the

charges against him. adam housley is live in the mix of all this outside of the courthouse in l.a. adam? >> reporter: two hours and 40 minutes ago the jury began to decide whether dr. murray is criminally negligent for the death of michael jackson. we know they have take and 15-minute break. but the 7 men and five women are going through the processes of going over one count. that's all they have to decide is one count. after hearing 23 days of argument. and 49 witnesses. as we hear the guilty chants behind us, bob massey is going to join us. i know they picked a foreman. but what are some of the decisions that have to be made by this jury. >> the standard of care was obvious. the way that the setting was, the defense experts said he would never have allowed this. we talk about causation.

did the breach of that standard of care cause michael jackson's death? that's the argument that has to be made. standard of care is quite obvious. you don't use propofol in that setting. but did it cause his death? >> reporter: when it's just one count, does that make it easier or quicker? >> instead of having to go through 10 counts, they have the one count. but they have 330 pieces of evidence. they have used ohio tapes to listen to, and they were there for four or five weeks. they want to pay attention and make sure they get the right outcome. sometimes you can have one count that can take days. oap any they will do their j as a trier of fact. >> reporter: i want to show you one more look across the street. it was big the first couple days of the trial. for the next five weeks it dwindled down to a couple of people. but you can see now they have come back and they have come

back in force and with horns this time. if we couldn't hear them before we know they are there now. megyn? megyn: latin americans for justice planes still flying overhead? >> reporter: every day there is a different plane. latin america for justice. now they have got flags over there. they are covered by this new banner. yesterday i saw malaysia is demanding justice. so that's good to know. meg there are future it would help them if they would be more specific what justice is. you are seeking to influence the jury pool. it's important to be specific about what justice would be. >> reporter: the prosecution and the defense team have handled the situation well. each day the defense team has to walk through this, and we mark the same area three blocks away from here. some of these people will follow them and verbally abuse hem all

the way to their car every day. that takes a toll on to be. i don't care how strong a person is. after six weeks of having someone blow horns and tell you you are a murderer because you are defending somebody, that can be difficult i'm sure. megyn: everybody hates the lawyer until they need him. adam housley, thank you. the race for the white house largely centered on the economy. but there appears to be a new attempt to shift the focus by the dnc. mike huckabee joins me live next. plus a subpoena set to be served to woot white house for document related to the solyndra loan scandal. wait until you heart possible move about it admin surprised avoid turning over that information. and nearly one week after the freak october snowstorm, you

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megyn: frustration is growing in connecticut nearly a week after a storm knocked out power to hundreds of thousands of people. 300,000 of them are still in the dark with no heat. the governor says he assigned the national guard to oversee the cleanup. but patience is running thin. >> we have won the lottery for the most outages and i think it's criminal. megyn: the president of connecticut light and power says he expects 99 per of customers in have their power back sunday. i was in connecticut when this

happened. i was getting what massage. and you get this thing over your eyes it was like blaring lights would come on, then you would in the dark. but they have it much worse than that. so i'm not complaining. so part 2012 presidential campaign has focused on high unemployment and the ailing economy. but a new effort by the democratic national committee is trying to change that. their new ad centers on a ballot initiative in mississippi that would declare abortion illegal. it would say life begins at conception and the ad uses presidential candidate mitt romney and mike huckabee to introduce the highly sensitive issue into this campaign. watch this.

>> would you have support of a constitutional amendment that would establish life at conception? >> absolutely. >> voters will not only vote for candidate on key positions but also one figure issue is that personhood amendment. megyn: joining me now host of "huckabee," governor mike huckabee. bet you never expected to be in an ad for the dnc. >> who would have ever thunk it. megyn: this is a ballot initiative in mississippi and it's a hotly contested election. but it's the dnc and debbie wasserman shuttle going after who appears to be one of the top gop frontrunners.

>> the trend are that people are more pro life than they have ever been since 1973 and the row-wade decision. for the first time in 40 years we swung back in the direction of pro life. the most interesting thing if you look at the poll, young women are more pro life than their mothers and grandmothers. it's because of science. we have the opportunity to realize this is a life because of sonagrams. megyn: this is saying you can't use certain forms of birth control. >> the bill doesn't say that. megyn: life begins at conception. you couldn't have the morning after pill. >> it's not a dolphin, it's not

a stalk of broccoli. it's human. the dna schedule is set at that moment. the personhood amendment simply says that we value life from the point at which it becomes human life. that would be at the point conception. megyn: what about this attack on mitt romney. he said he would support this. not this particular one, but a constitutional amendment. then the same group of people are pointing out that romney is a flip-flopper because he used to be pro-choice. >> mitt romney himself will point out that ronald reagan was pro-choice at one point in this life, then became pro life. as was george w. bush it's a problem for romney. he will have to explain why he moved in that direction. but there is flattery for mitt romney. he can take comfort. we are getting near deer season.

you never shoot at a deer that's dead. the fact that the dnc has targeted mitt romney means they are concerned he's beating barack obama in polls. megyn: will they be able to make aboring an issue? we haven't heard that much about it. do you think this is a calculated attempt to shift the discussion? >> it's a desperate attempt. they need anything to shift the attention away from the economy. this is a president who said let me spend all those billions of dollars and we won't see unemployment go above 8%. he can't get the support of his own party for pork spending. they need anything they to be distract from the issues people care about. i don't think it will be effective. megyn: governor mike huckabee, thank you for being here. coming up, an update on the michael jackson trial. we are getting word on that.

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melling * a new video from the campaign trail. presidential candidate herman cain speaking to the defendant american dream summit. he got a rousing standing ovation. that prompted him to take a shot at president obama and his teleprompter. >> before i get started i want to know who's teleprompters are these? because i don't need them.

[cheers and applause] >> maybe they are for somebody else. megyn: the summit where cain is speaking is designed to help educate people about economic policies. a fox news alert. we are getting word the subpoena issued against the white house in connection with the solyndra scandal has been posted on the internet. the committee authorized the subpoena to look into half a billion dollars worth of loans to the failed solar firm. doug? >> reporter: the subpoena has been issued. the next step is to see how the white house respond to the subpoena. it has been filed and we are told received by the without house. they have until next thursday to comply with it. but based upon what chris stearns said on "america live." the white house may not be too eager to comply. investors may have been given

first consideration for loan repayments ahead of taxpayers. >> in fact my argument that it's illegal has been buttressed by the chief financial officer for the treasury under testimony under oath indicated in his 28 years experience working at the treasury he has never seen a subject bored nation of taxpayer loans to outside loans like the department of energy did with solyndra. >> reporter: democrats maintain the subpoena amounts to a fishing expedition. >> we never under any circumstances with democratic or republican presidents resorted to a subpoena when we could get the information we wanted without disrupting the balance between the executive and legislative branch. >> reporter: the democrats suggested yesterday the white house may make a claim of executive privilege. if the white house refuses to release the solyndra document

committee members could hold the white house in contempt of congress. emails kept within the white house might benefit from executive privilege if they involve national security or law enforcement matters. but emails about simple domestic spending issues like solyndra may not qualify. but they may be heading toward a serious constitutional showdown. megyn: typically you have got to go to alaska to get this close to a monster of the deep. but this is less than a mile from a major american city. now it may be a public safety issue. we'll tell you why. verdict watch in the manslaughter case of michael jackson's personal doctor.

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megyn: "kelly's court" is back in session. 42 witnesses. we are awaiting a verdict right now in the conrad murray manslaughter trial. we are officially on verdict watch. jurors are deliberating at this moment. holding dr. murray many freedom in their hand. 7 men, five women considering

whether dr. murray's negligence according to the prosecution caused the death of king of patch. defense attorneys say michael jackson gave himself a lethal dose of the sedative that killed him. here we are. officially done and it's in the hands of the jury. these are the classic moajt of american justice. the system works. each side has adequate representation. and they will be the final a -- the final arbiters. we played some of the prosecution's closing argument. we heard more from the defense. late yesterday. and i want to tee that you have and show the viewers how the prosecution responded. the prosecution closes, prosecution gets a rebuttal. the prosecution -- the

defense -- we'll start with the defense got up there and said, this is what you need to ask yourselves, members of the jury. forget it's michael jackson. pretint wasn't michael jackson and watch what the defense says. >> i want you to take this case out of michael jackson. take it away from michael jackson. think about that. take it away. put it somewhere else. let's put it in a psych hospital. some patient killed himself. put it in a hospital where some patient breaks into a cabinet. put it in a family situation where somebody overdoses. put it anywhere you like. but at least if you make -- you are going to hold dr. murray responsible, don't do it because it's michael jackson. this is not a reality show. it's reality, it's how it

affects real human beings and people that love them. i hope you find dr. murray not guilty. megyn: did you think that was in any way offensive telling the jurors it's not a reality show. >> i did. i thought it was effective to a point. but i think it can book fire. trying to put it on the jury's hand, russo silly you will think this is a reality show. it's demeaning to say we think you think it's going to be a reality show. taking it away from michael jackson. i'm not sure that works either. look, i think in some ways if the jurors say it's just a regular guy, they can think about whether it was one of their family members and a doctor behaved that way. wouldn't they want to see this

doctor on trial? megyn: they need to erase michael jackson's fame and the extent to which he was beloved by so many of these people including some of these jurors. >> correct. but they can't do it. imagine a pink bear on a unicycle with a nazi helmet. think about that. it's there. so you do address it. but you get in and out. this isn't about michael jackson. this is about. i think he spent way too much time and it was not effective. megyn: he seemed to be reminding them that this was an addict. this is what addicts do, sometimes they take too much medication and kill themselves. they spoke to an issue you have been racing, lis. even if michael jackson gave himself the medication, the prosecution is saying he's still guilty because he should have been monitoring him.

the defense took that issue on squarely in part as follows. >> was dr. murray supposed to watch michael jackson to save him from himself at all times? was he never leave. should there be an alarm in the bed? sat what point do you draw the line about dr. murray's responsibility for a grownup. if you are going that far. now you know from dr. schaeffer and dr. white. he didn't just die of propofol. he died from a combination of follow and a load of lorazepam. the propofol wouldn't have killed him. so now are we going to hold dr. murray responsible for that as well? >> two problems. first take the propofol out of michael jackson's room. don't let him have the propofol if you know he's an addict. second of all why did he have it in the first place?

it was never suppose to be in the home. the third point is the autopsy report shows that he died of follow very overdose. that's what the autopsy report says. a completely neutral person. megyn: why was he mentioning lorazepam, mark? >> i'm still not clear what they are saying except the general concept that he repeated almost at beginning of his closing argument, they want you to convict conrad murray based on the actions of michael jackson. the concept that michael jackson did something while went outside -- when conrad murray went outside the room and that something caused his own death. >> the jury instruction was key for the prosecution. even if moij ingested the propofol within the fact that dr. murray left it there in plain sight to take. >> it doesn't matter.

megyn: hold that thought, mark. the prosecution got and tried to rebut this notion that it was michael's fault as follows. >> michael jackson, it's his fault. it's his fault that conrad murray left him alone in the room. it's his fault. did michael jackson as i stated earlier seek the propofol to help him sleep? no doubt about it. but there is a list of doctors that said no, because that would be dangerous and harmful. and there is one doctor that said yes. for $150,000 a month, yes. poor conrad murray. megyn: mark, that was effective. >> doesn't resonate with me. it does resonate with me. the defense argument doesn't. however, jurors can easily find him walk out of the room was careless. it wasn't reckless and didn't cause the death.

he had been giving him propofol in the same manner for 60 days and michael jackson never died. they will argue that one action taken by michael jackson ernlgded his own life. and that was not what conrad murray -- megyn: it's like they are saying you take the addict and put them in a room fl of hair win. the testimony was -- the roomful of heroin. so you surround the addict with his drug of choice, then you leave. >> you give hip the means to die. don't forget dr. shafer said it's like leaving a baby on a countertop alone. you don't leave a baby that's going to roll off the countertop. >> what if they find this to be negligent? >> don't forget. >> couldn't they use that to find him not guilty?

>> he has a higher standard. a higher standard of a doctor. you are supposed to have that standard of care. and i think the prosecution is going to be resonating in their mind about, you know, wait a second, you wouldn't leave a baby on the top of a plane that they could roll off and you wouldn't leave a child with propofol. an addict with propofol. megyn: don't we tend to like our doctors and hold them you have on a pedestal? >> generally we do like them except when they leave us in their waiting rooms for two hours for the privilege to see them. that aside, i think they like this particular doctor. i think you had five character witnesses to say what a wonderful man he was. how he gives to the poor. i started to believe it. other than this gross deviation.

incompetent not as a heart doctor, but incompetent in maintaining michael jackson's health. >> if he was so wonderful. why the consciousness of guilt? why did he stick around to hide the propofol. why didn't he tell the paramedics about the propofol. megyn: he waited to call 11. that's bizarre. lying to the paramedics in the hospital about the propofol is bizarre. we continue to await the verdict. as soon as we have it on fox news we'll give it to you. we are supposed to get a two-hour notice. he achieved a milestone no other presidential candidate can claim. he held an event in all of the counties of the election state of iowa. are we about to see an iowa surprise for rick santorum? he's here live next. so who ordered the cereal that can help lower olesterol

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megyn: former senator rick santorum making a stand in iowa. he has spent more time in iowa than any other contenders. he held an event in each one of iowa's 99 counties. is he on the verge of an iowa surprise come january? senator, thank you so much for being here. you worked so hard. i think it looks like you worked at least more extensively than any other candidate. but the polls just aren't showing you anywhere near the top. what do you make of it? >> we just keeping working hard. we feel good about the response we are getting as we cross iowa. we are building. a lot of these races don't break until late. even the polls that you most recently alluded to said that 75 per of the people in the poll

hadn't made up their mind. we are finding the same thing. it's a fluid situation. the fact that we are building strong grassroots support among activist in the state. they will come to the caucuses and speak on our behalf. a polls said a third of the people went to caucus undecided. so the fact that we are going to have activists there, community leaders that i have met in all these counties and the communities i have been to, these are thing that put us in a great position for a late surge. megyn: do you think it's odd that you according to the latest "des moines register" poll tied governor romney for support among born between christians? >> we are building -- i call our campaign the field of dreams campaign. if you build it they will come.

and we are building it. wore the most consistent conservative candidate in this race. and i have also got the best track record of winning tough elections in swing states. we keep pounding that message out talking about what we are going to do to turn this country around. i gave a policy address in des moines about the lessons i learned. those things are resonating and they will begin to show themselves as we get closer to the caucus. megyn: there was some controversy about herman cain and nasty back and forth between campaigns pointing the finger at one another. and there was a wisdom emerging on conservative blogs saying stop that. this is not helping the gop presidential field. your thoughts on it. >> it's been an ugly woke. i feel blessed to be out her in iowa hitting 20 county this woke. and talking to average voters. i have got to tell you i didn't

get one question front any voter. they wanted to know why my plan was to get the economy going. what we were going to do to help strengthen the american family be this atomic energy agency report on iran is a frightening thing, and what this may be a complete game changer for our country and the world if iran is close to getting nuclear weapon. they want to know what kind of leader you are going to be. i'm facing the music and i'm taking the questions. megyn: there seems to be a shift by the dnc coming out and attacking mitt romney for backing a would-be constitutional amendment defining life as at conception. in connection with this mississippi ballot initiative. do you believe the dnc is making a mistake by trying to inject the issue of abortion on a more prom snant scale in this -- on a more prominent scale in this

election? >> i don't think that hurts mitt romney at all. i support that constitutional initiative, i think most republicans do. i would make the argument they are helping mitt romney by attacking him, certainly among republican primary voters. i don't know what their objective is. but if it's to help mitt romney win the nomination they are doing it. fit was to hurt him, they are making a mistake. megyn: i don't know what their motivation is. >> one of the things i learned a lot time ago. careful what you wish for. so we just go out and between try to do the best job you can and lay out what you want to accomplish, and go from there. megyn: you must be exhausted. all 99 counties. thanks so much for being on. >> i'm energized and loving it. i'm looking forward to another day of campaigning. then it's off to florida and new

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♪ megyn: rocking out to the who on "america live." one of america's best selling band. the who also has a long history of giving back to young fans. today they announced a new cancer charity near the u.s. >> reporter: the rock legend have been putting the spotlight on teens and young adults

battling cancer for decades in the u.k. and they are launching an effort in the u.s. with the help of their fundraising friend. the mikes swing. the lead singer of the who is passionate about teens and young people with cancer. >> it's a win, win, win situation. and it's something that's dear to my heart. >> roger daltrey and his group are lending their support to the cancer program modeled after the u.k. teenaged cancer trust. a special unit will allow young people to be housed together with a common lounge to gain support from each other while receiving treatment. >> we found putting teens

together as a unit in an environmentally friendly place, we let them live the life a teenager, not next to a 4-year-old or a 2-year-old or baby or even in some cases a geriatric. >> reporter: he hopes this will be the start of programs like this one. robert plant will be on hand at ucla for the launch. he and daltrey will be holding fundraisers this weekend. the director's cut, we know there will and tour as part of it, too. megyn: i'm going to guess this is a story you suggested interviewing the who. nice. nice. >> reporter: it might have been. megyn: well done, my friend. coming up, a fall from tbrails for former new jersey governor

jon corzine. he's resigning from mf global. now he's under investigation -- they are by the fbi. >>

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