unfolds. so many millions of americans voting in various states. we'll have that for you. martha: happy election day folks. "happening now" starts right now. jon: a fox news alert on this tuesday. attorney general eric holder on capitol hill right now. he is facing tough questions from republicans in a senate judiciary committee hearing. lawmakers are focusing on "fast and furious", the failed gun-running sting which allowed weapons into the hands of mexican drug cartels. many of those guns later turning up at crime scenes in the u.s. and mexico including the shootout that killed u.s. border agent brian terry. holder is urging lawmakers to focus on solving the problem of rampant gun trafficking rather than politics. take a listen. >> i am determined to insure that our shared concerns about operation "fast and furious" lead to more than headline-grabbing washington gotcha games and cynical

political point-scoring. jon: holder says he did not know about the tactics used in "fast and furious". republicans accuse him providing misleading and incomplete information about the operation. we'll have more on this developing story just ahead. breaking developments as well in the herman cain story. good morning to you, i'm jon scott. jenna: the hits keep on coming in general with breaking news. we're glad you're with us for that. i'm jenna lee. we're in the fox newsroom. "happening now", the republican presidential candidate is getting ready to set set the record straight as he put it in a news conference hours from now. after a woman claimed he made unwanted sexual advances to her in the late '90s. called the them a

fabrication without an ounce of truth. jon: sharon bialek is standing by her claims that is the blond following gloria allred. an hour ago she sat down with our own martha maccallum what she would like to hear from herman cain. >> i want to acknowledge at points in time in his life he has been inappropriate with women. i don't know what the others allegations are. i know what mine are. i know i'm speaking the truth and that's what i want him to do. is just say, hey, i've made some mistakes. jon: so what should herman cain dot? karl rove is a former senior advisor to president george w. bush, a fox news contributor. karl, you're not advising herman cain as far as i know, but, if you were what would you tell him to do about this latest accusation? >> well, let's set the frame here. there's a new gallop poll out says 53% of republicans believe these charges are not true. however, most of those people say it is probably not true as opposed to

definitely not true. and 35% say these charges are true. and again most of them saying probably rather than definitely. so we've got a very fluid situation here. we've got roughly one out of every six people saying these are definitely true. and one out of every four saying they're definitely not true and everybody else up for grabs. so, look i wish he could get in the a way-back machine and go back to last week and come out when the first two charges came out about women who had worked at the national restaurant association where he said there were reports that exonerate me. if they could have gotten, if he urged the national restaurant association to get those reports out because that were have given him a firewall. if the reports exonerate him as he said they do, he will say i know these charges will proliferate in a campaign. these charges were filed by women at the time and at the time found investigated and found not to be true. it is difficult. we have four women.

with we may have a fifth woman making these kinds of accusations. he is will have news conference today. he has to be very straightforward as to what happened and why and i think he's got to call on the national restaurant association to release the reports, redact the whme made, e these complaints originally but get them out so he has something he can point to besides simply standing up there and say believe me. over time this will only get worse for him until he gets something that allows him to have a backstop to say, don't just trust me, trust other people that looked into this. jon: a lot of the evidence in these cases though is a little thin. this woman, sharon bialek, only worked for the restaurant association for six months and apparently was already out of that job when she had this meeting with herman cain that she says resulted in him behaving in inappropriately. i guess it's the constant drip, drip, drip of accusations rather than the evidence behind them that is hurting him so much. >> well, as martha maccallum

made an interesting point in the previous hour, look, credibility matters here and gloria allred, while she is democrat and liberal democrat and openly so, nonetheless have been involved in number of high-profile cases like tiger woods and others where the charges have been borne out. this gives miss bialek's charge, accusation as little bit of credibility. that's what we're talking about here, credibility. how does herman cain, who right now is, maintains majority support, 53% of the republicans say these are not true, but 35% say they are true. that is not a good place to be. the question how does you staunch the decline and what kind of firewall does he create that gives people confidence if there are other charges like these that they are not true? i hate to be a john any one-note i think the best thing to do is ask for release of these national restaurant association reports that he says exonerate him. if they do, that will give him credibility to say i

know i'm in a campaign. i know i'm a high-profile person. but you can have confidence that other people, third parties looked a original charges and found them to be wonting and these charges are not true. jon: look at numbers and nobody dissects them better than you do. "usa today" took a poll of republican voters found herman cain is still tied with mitt romney 21% among republicans and republican-leaning independents does that surprise you?. >> well, as gallop pointed out his image surged to record high levels in the middle of october. if you go back and look at the middle of the month, he hit 29 in one poll, 31 poll. since declined, 26, 25. most are mid 20s and now we have 21. look, people want to give him the benefit of the doubt. he is a charismatic, exciting energetic conservative speaker and people want to give him the benefit of the doubt but he can't take a lot of

confidence from these polls because what they do show about the 10th to the 16th of october he sort of plateaued and began to decline. over the last week my suspicion we'll look back in week or two see the decline has been, has continued, become pretty significant. jon: another aspect of that poll indicated i believe 45% of the people believe he has done a bad job handling the chars. we'll see what he has to say in that news conference when he has later. we'll carry it live on fox. karl rove, thanks. jenna: right now our nation's financial crisis is front and center on capitol hill. with the a deadline a bit more than two weeks away the 12-member super committee must come up with a plan to chop $1.2 trillion from our ballooning deficit over the next 10 years or else more cuts will come. michael bloomberg is sharing his ideas with lawmakers. >> the best economic stimulus is fiscally responsible, long-term

deficit reduction that sends a clear signal to the private sector about washington's commitment to economic stability. real deficit reduction means more jobs today and more jobs tomorrow. jenna: it is about jobs isn't it? mike emanuel live on capitol hill with more on this mike, any progress as far as what is happening with the super-committee right now? >> reporter: jenna, it is hard to read exactly where things stand. we know super-committee republicans are meeting this morning for the second day in a row. it feels like more of the activity is on the republican side of things but it is hard to figure out exactly what that means. we know to get a deal done you can't just have six republican members voting for it. you also need to pick off some of the democrats. we know there have been negotiations, small group discussions with some of the key democrats and a bunch of the republicans but it is not clear exactly how close they are to a deal. we talked to one of the key negotiators on the republican side this morning. here's what he had to say. >> the best thing we can do

and the way to reach an agreement that is pro-growth and will create jobs is to reform the tax code, get rid the loopholes and write off some of the special interest, special favors lower marginal rates and have strong economic growth. that generates more revenue. it puts people back to work. i really think that is the key to success. >> reporter: so that's where things stand from senator toomey's perspective. to recap we know that six republican members on that super-committee are meeting at this hour but it's not clear, the clock is running. senator mccain said we would know by the end of this week whether the super-committee would be getting it done to meet its prethanksgiving deadline. jenna? jenna: tax reform is not an easy task in a little bit over two weeks that could be a tough road, well, a tough road to go down. nevertheless like you said, super committee republicans are meeting at this moment. what about the democrats, are they also meeting? what are they saying at this point? >> reporter: they are not meeting. i should note there is not

currently a full super-committee meeting scheduled at this point so it's hard to know what exactly that means. whether they think some members will not go alongwith a deal. bottom line we heard the democrats tweaking the republicans on the idea of revenue. a lot of times that means raising taxes which republicans are against. we know that some of the republican members are in favor of giving up some spending in terms of on current existing industries such as money for farm subsidies. money for the oil industry. that sort of thing. give up some of that money spending. in exchange they would like to lower tax rates, lower the bush tax rates and make them permanent. it is not clear if some democrats will buy that deal or not, jenna. jenna: we'll see what they come up with. mike, thank you very much. >> reporter: thank you. jon: our financial crisis in this country deeply affected by a problem in europe that in spots is far worse than ours. take a live look at the big board at the new york stock exchange, down about 33 points.

investors concerned right now that italy's economy could be the next to collapse and a vote today in the italian parliament shows prime minister silvio berlusconi no longer has a majority. his key political allies are asking him to step down. greg burke is joining us live from rome right now. greg? >> reporter: jon, that's right. a very big day in rome. it was just about an hour ago. there was a vote on a budget matter. it was not a confidence vote yet in a way it was, a vote on berlusconi's government. he needed 316 votes to show he has an absolute majority in the lower house. he did not get those. he had 308. it is really a tough day for him. this is all about silvio berlusconi today. he is a billionaire businessman. he is a tenacious fighter. he won most of his fights as he has gone through politics in italy but some of his strongest allies here telling him to step aside. that is a sign really that they are dealing with new reality.

berlusconi's popularity has declined and also especially in this time of crisis. italians are watching but so is the rest of the world. starting with europe, how things proceed from here. berlusconi is expected to go see the president. he is not forced to step down because this was not a confidence vote but it's pretty clear that that's going to happen. it is just going to be a matter of time whether it is today, tomorrow or early next week. finally, jon it is interesting, there are a lot of factors that went into this. several months ago we thought it would be the sex scandals, the bonga that would bring berlusconi down. more plain ol' economics this country having a really hard time with growth. jon: nobody likes to see their country slide that bad economically. greg burke, thanks. jenna: while this is happening we're awaiting a major news conference from penn state university. head football coach, joe paterno whether the focus or answer any comments or about

this horrific sex abuse case that involved his former colleagues. we have breaking details on this story just ahead. jon: also iran's president is doing some major sabre-rattling right now, railing against the u.n. nuclear watchdog agency and the u.s. over a new report about to come out on iran's nuclear program. ambassador john bolton weighs in next. jenna: oklahoma, the state, slammed by mother nature fresh on the heels of a major earthquake, a tornado rips through one unlucky town. we have the details on that. >> it's awesome. >> look how close they are. >> oh, my goodness. >> still coming straight at us, right? >> we'll have to jump in the car. looking good! you lost some weight. you noticed!

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to make sure you get the medicare coverage you need. call unitedhealthcare to learn about medicare plans that may be right for you. with some plans, you can enroll right over the phone. don't wait. call now. jenna: welcome back, everyone. as the u.n. nuclear watchdog group prepareses to release a brand new report on iran's nuclear program the islamic republic's leader is raging against us and the united states and the west in

general. mahmoud ahmadinejad saying his country doesn't need nukes to take on the united states. he calls the international atomic energy agency a puppet of america, that is the u.n. watchdog group. this is all happening as israel's foreign minister denies reports that his country is planning a military strike on iran's nuclear facilities. a lot is going on in the middle east at this time. here with his take, u.s. ambassador john bolton, former ambassador to the u.n. obviously you know something about this watchdog group. is it a puppet of the united states? >> if only. its director, has been much more forthright in iaea documents exactly what iran is up to and i think that's helpful because it shows the rest of the world that iran's progress towards nuclear weapons is very serious. jenna: where do you think they are in that pursuit right now, iran? >> i think they're very close to it. it is hard to give an exact estimate because we have to be honest, there's a lot going on inside iran we do

not have intelligence on. when you hear people confidently predict it is 18 months away i'm not that confident. i think this speculation about a potential israeli strike is real because i don't think there is much time left. jenna: let's talk about what you say are two alternatives. you see at this time regardless what the report is saying based on the information we're getting from that part of the what are the two alternatives? >> the most likely outcome iran gets nuclear weapons. they have been at it for 20 years despite the famous 2007 national intelligence estimate that our intelligence agency said they stopped weaponization program. clearly they did not. right now they're close and getting closer. the only alternative now is the potential for preemptive military strike against their nuclear weapons program either by the united states or by israel. diplomacy has failed. sanctions have failed. other steps like the the net virus have failed. we're down to two unattractive options. jenna: why do you see now or not maybe six to 12 months

ago or six to 12 months in the future? >> i prefer to avoid the risk iran actually getting nuclear weapons from preemptive strike. jenna: from israel? >> from israel or the united states. it will not happen from the united states which is why the spotlight is on israel. jenna: you're talking about prepreemptive strike, talking about full war in israel? >> no talking about airstrikes against key fa sits uranium facilities. the facility in natanz. we know where they are. natanz is buried but we know exactly what its dimensions r the israelis could destroy the two facilities. honestly the united states could do a better job why i think we should help the israelis. in any event risky proposition for israel if they have to go it alone. jenna: i talked to jim walsh, mit professor, studies middle east extensively. there is old addage in the middle east once you worry when israel is quiet, not when it is talking.

this is posturing by israel or do you think this is really happening that they are actively planning a strategy to preemptively strike iran? >> i think they are planning a strategy but i don't think it is israeli government that is trying to do the talking. i think this flurry of news reports has come from leaks inside the israeli government by people opposed to the strike who are trying to create an environment where it is not possible to go forward. to an extent they have succeeded. russian foreign minister saying military solution is unacceptable. the french foreign minister the same thing putting pressure on israel not to take military action. jenna: you think they should? >> i don't think they have any choice unless they're prepared to siahnouk clear iran. jenna: in the future we would like to talk about what our policy should be in the united states. you're critical of the president what they have done so far obviously there is more to the story. nice to have you. >> thank you. jenna: nice to see you on set. jon? jon: did you know big brother is at least watching at least for now? the supreme court

considering whether police can track your move without your knowledge using gps devices? we'll get you a live report on that. new information about the sexual abuse case at penn state university. we are awaiting a news conference any minute now from legendary head football coach joe paterno. will he address allegations involving former members of his staff, some of which were allegedly seen by current members of his staff? that's coming up.

jon: a fox news alert. we are awaiting a news conference from penn state legendary football coach. lori: paterno as we get information about the sexual abuse charges against a former penn state assistant coach. rick has latest for us. >> reporter: we're talking

about one of the top five college football programs in the country and one of the most-beloved coaches in the history of the sport. joe paterno not accused of doing anything illegally wrong in this case. it is one of his former assistant coaches as you mentioned. a guy named jerry sandusky who was arrested on charges abusing eight young boys over 15 years. some on the campus known as happy valley are not at all happy about the fact that coach paterno didn't do more when he was told abuse was taking place. paterno reported it to the school's athletic director, tim curley and said he never knew any specifics about the alleged abuse. curley was indicted yesterday on charges of lying to a grand jury in the case and students on campus say the whole thing is pretty bad. >> pretty annoying no one stepped up and said something. kind of disgusting when you read about it. disappointed that a program doesn't have any blemishes on his record. has one now.

>> reporter: we're learning even after sandusky was relieved of his duties as defensive coordinator he was allowed to run youth football camps on penn state-owned facilities. joe paterno will hold his regular tuesday press conference. these briefing are only about the upcoming game. he may wish he could only talk about the upcoming game against nebraska. i'm sure reporters will talk about other topicses including news out that sandusky a had access to penn state weight room facilities as late as last week long after the grand jury investigated charges against sandusky. we'll talk about the scandal engulfing penn state coming up a little later in the show. we'll bring you coach paterno's news conference scheduled for 12:30 p.m. eastern time, jon. jon: in an hour we'll find out whether he will take any questions or offer any answers about this case? >> there are some local reports he is not planning to take any questions. so whether or not he comes out and offers some kind of a statement at the top

remains to be seen but we'll be watching. jon: good thing. rick folbaum, thanks very much. jenna: right now a landmark case before the supreme court involving the government's right to track your every move, using a gps device on your car without a warrant. critics are calling it an invasion of privacy. shannon bream is live at the supreme court with or on this? >> reporter: jenna i just stepped out of the arguments here. it will be a tough balancing act for justice. on one hand you have government agencies, law enforcement agencies saying they should be able to position a gps tracking device on a car for weeks at a time possibly without that person knowing tracking and monitoring all their movements even if they don't have proper warrant for that. the government argued that technology helps them become more efficient something that would take a team of investigators tracking someone 24/7. you can do it much more easily with just a little bit of technology. on the other side you have privacy advocates saying no american should have to wonder whether their movements are private. if they're innocent, if they

haven't been proven guilty of anything, they argue if this procedure was allowed to stand, every american citizen could be monitored 24/7 by any law enforcement agency at any time. a tough balancing act the justice have to weigh here. there was heated, spirited argument today, several weeks, even months before we get a final decision on that, jenna. jenna: very interesting case and interesting arguments from both sides. shannon, we got breaking news moments ago i like to get your thoughts on. we heard an appeals court on the president's health care law. another ruling on that. can you tell us what it is and what it means? >> reporter: i can tell you basics. what i understand they're upholding president's health care law as it now stand at least key portions of it. another decision that comes from one of the appeals courts. interestingly enough, on thursday, behind closed doors the justice will consider a number of appeals are already ripe, decisions from lower courts that have been appealed here specifically on the health care law. they have a private conference. they have a discussion. they have a vote.

we know within hours, within days after that meeting which of the cases if any of them they decided to take up the case decided today is too recent. it wouldn't be in that pile of decisions that they will consider on thursday. but again that's a big day here at the court. it is the first time these nine justice will have a vote. they will discuss whether or not they will weigh in on the particular fight over the president's health care law. jenna: that would be interesting timing because then they could maybe take arguments on the case going into 2012 and maybe a decision before the election. so some implications there at least politically as well was just really for the -- really for the country. shannon, thank you for your reporting and analysis of breaking news, thank you. jon: potentially ruinous. that is what our defense secretary is saying about the automatic budget cuts proposed for the military. those could happen if the so-called super-committee misses a deadline that is coming up very quickly. we'll talk with the ranking member of the house armed services committee about all this and what's ahead for

our forces next. plus dr. conrad murray found guilty of manslaughter in the death of michael jackson but the case is far from over. a live report next. [ horn honks ] hey, it's sandra -- from accounting. peter. i can see that you're busy... but you were gonna help us crunch the numbers for accounts receivable today. i mean i know that this is important. well, both are important. let's be clear. they are but this is important too.

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>> the jury in the above entitled action find the defendant, conrad robert murray, guilty at the crime of involuntary manslaughter in violation of penal code section 192, subsection b,

alleged victim --. jon: that is how it came down late yesterday. dr. conrad murray found guilty of manslaughter in the death of the king of pop. he now faces up to four years behind bars but he is expected to appeal. casey stiegel live in los angeles. so give us the timeline? when does this appeal begin? >> reporter: well, jon as you know this appeal can not happen until after the sentencing. the sentencing date set for the 29th of this month at 8:30 in the morning. in the meantime dr. conrad murray is being held in the los angeles county jail without bail, something that surprised his defense team but judge michael pastor yesterday classifying him as a flight risk now that he is convicted felon. he also said that the 58-year-old physician poses a danger to the public. as for the reports that murray is being held on suicide watch? >> he is in the medical ward. that might be a way that they have of keeping him away from the general population. there could be some michael

jackson fans there might want to get their claim to fame by taking a shot at the doctor. >> reporter: a lost speculation now about this sentence. of course we've been talking a lot about the overcrowding situation here in the california criminal justice system. many legal analysts have said from the beginning that it is entirely possible murray could just be sentenced to house arrest because he had no prior criminal record, jon. to be continued. jon: so he has now been convicted in criminal court but there are civil cases pending against him as well. >> reporter: yes, there are. michael jackson's parents in fact have filed different civil suits naming dr. murray in the wrongful death of their son. joe and katherine jackson have pending suits. joe's civil suit targeting murray as well as his businesses seeking unspecified damages. katherine is going after murray and aeg, of course the music giant promoting m.j. east, this is it concerts in london.

you remember murray was hired by aeg and aeg was paying him $150,000 a month to serve as michael jackson's personal physician. therefore katherine says it is important that they too be held responsible here. jon? jon: casey stiegel, live for us from los angeles. thanks. jenna: we're just speculating here but we think the sound of a ticking clock is echoing through the hauls of cap capitol hill right now. we're two weeks from a deadline to be reached by super-committee facing $1.2 trillion budgets cuts is the goal, is the baseline. the full joint committee hasn't met since last monday. if legislators fail to come up with a deal, severe cuts are supposed to automatically happen to folks like defense. that's why we're talking with congressman adam smith right now. he is democrat from washington state. he is ranking member of house armed services

committee which knows where all the money goes when it comes to defense. >> yes. jenna: we like to talk about the specifics on defense cuts, starting off broadly now, your observation, is there any true leadership when it comes to the issue of these massive budget cuts that have to happen whether on the republican side, democrat side or even from the executive branch? >> well there's leadership but there is massive disagreement about what to do. we have to confront our deficit. this is about more than just the 1.2 trillion goal that was set by the debt ceiling agreement. this is about getting our budget deficit under control over the course of 10 years. the problem is to do that you have to look at all spending and you have to look at revenue. and there are people on both side who are unwilling to look at either or both in some instances. then what happens is, it all gets pushed down onto the so-called discretionary portion of the budget that is defense, education, infrastructure. a lot of very important stuff wind up being cut. jenna: just in general do you have a sense of how it is going? do you think there will be

an agreement before the deadline of november 23rd? >> i have been skeptical from the day this super-committee was put in place. jenna: why? >> the fundamental issues are the fundamental issues. we were staring at the brink of the debt ceiling, of not paying our bills and we couldn't get an agreement on revenue and on broad spending cuts. so the super-committee is facing that same intranssy ends. that same opinion. i wasn't optimistic then and i'm hot optimistic now. jenna: are you preparing in any way? with your position as part of the armed services committee, ranking member of, that are you preparing for what could be the inevitable, that some of these serious cuts are going to happen in defense and they're just going to happen because we're going to pass the deadline? >> well, first of all, keep in mind the defense budget has already faced 450 to $500 billion in cuts passed as part of the debt ceiling agreement over the course of the next 10 years. jenna: right. >> secretary panetta, those on the committee, we've been preparing for those cuts

from day one. preparing for sequestration, no. really not beyond the numbers about. once you get beyond those numbers you are talking about a fundamental alteration of our national security. jenna: like what? >> we would dramatically reduce the size of our force. we would dramatically reduce our global reach. i mean to combat al qaeda, for instance, they are in a lot of different places. we need the intelligence and surveillance and reconnaissance to know where they're at. a lot of people talking about we got bin laden. two zeal teams went in there and did it. -- seal teams. the fact that we had a base from afghanistan at that take off from. all of that becomes more difficult. keep in mind sequestration doesn't actually happen until january of 2013. it is triggered in january of 2012 but the cuts don't start until january of 2013. jenna: let me asking about really important to our military viewers. that is ben its if. medical benefits, retirement

benefits for veterans. panetta said in an interview recently those could be targeted if sequestration happens. >> right. jenna: is that a reality? >> keep in mind we have all volunteer military. we have the best military the world has ever known without question. part of equation how well we take care of those that is serve and their families and when they retire. that impacts our ability to have all volunteer military to get the people we need to sign up and fight for their country. all of that is big issue. if you go to sequestration it is a number beyond what anyone has imagined. so everything is on the table at that point. jenna: will be interesting two weeks, congressman. >> yes. jenna: we appreciate the time today. >> thank you. lori:. jenna: thank you for visiting us in new york and always great to have you. jon? jon: jenna, a fox news alert. we've been promising you joe paterno's news conference from penn state university, the legendary football coach, hold as weekly news conference. we had been led to believe

he would not address any of these allegations of sexual child abuse that have been leveled at former members of his team. now we are told in a one-line bulletin from the associated press that news conference has been canceled. apparently by the university. we don't absolutely know that yet but the news conference will not take place as scheduled you would 50 minutes from now. there is new fallout from the botched government sting, government operation "fast and furious" where guns ended up in the hands of mexican drug cartels. attorney general eric holder faces tough questioning on capitol hill. what did know and when did know it? who should be held responsible? we'll go in depth. nasa like you never seen it as the kennedy space center gets ready to open up a brand new tour. in a fox news exclusive we're bringing you as close as can be, a closest a live news crew gotten to a shuttle in the vehicle assembly building.

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jenna: the president is just now speaking in pennsylvania and going to be waiting for some comments on this program, the head start rules. the changes to the head start rules having to do with education. the president as you can see been using in the past executive powers to deal with a whole host of different programs from student loans to housing. apparently that is what he is going to do to change some rules or introduce new rules when comes to the head start program. the president is speaking in pennsylvania. we'll keep an eye on it and bring you any headlines and also check it out at foxnews.com. jon: well the president's attorney general, eric holder is facing tough questioning right now on capitol hill. the senate judiciary committee is trying to get to the bottom of who is ultimately responsible for the failed gun-running scheme, operation "fast and furious". take a listen to this heated exchange. >> this document was supposed to be so sensitive

that you refused to provide it to congress but then someone provided it to the press. the name of the criminal suspect in the document was deleted but the name of the atf agent was not. this looks like a clear and intentional violation of the privacy act as well as an attempt at whistle-blower retaliation. >> in response to your question, -- >> you understand that i told you over the phone conversation, if you wanted me not to ask this question that i said, have your staff inform my staff because i work very closely with my staff, and, and give the details so that i would know that this would be an inappropriate question to ask at this hearing? jon: eric holder there, taking some heat. joining us now one of the attorney general's critics on this issue, arizona sheriff paul babeu of pinal county. you said that the attorney general should resign. that this is a scandal worse than watergate.

anything you heard from him this morning change your mind? >> no. they started to walk out some of his testimony that was written early and with an acknowledgement finally that there were things that have gone wrong. acknowledgement to the point where there is an apology. why has it taken it nearly a year to apologize for the murder of one of our heroes in the border patrol where two of these guns, he says, well it is not known? well, this is what we call evidence in law enforcement. the two guns that were used to murder this hero in the border patrol were from "fast and furious", a program that was a part of his agency of the department of justice through atf. he's the boss. where's the accountability in washington? there's consequences for what they have done and they're not owning up to them, according to his --. jon: according to his prepared remarks he was to say this morning that the operation was flawed in concept as well as execution. you were talking about an apology.

he was asked whether he would apologize to agent terry's family. listen to this exchange. >> i certainly regret what happened. >> have you even talked to them? >> i have not. >> would you like to apologize today for this, this program that went so wrong that took the life of a united states law enforcement agent? >> before you answer, that would have to be your last question. yield back time. >> i certainly regret what happened to agent brian terry. i can only imagine the pain that his family has had to deal with in particular his mother. i am the father of three children myselfs. we are not programmed to bury our kids. jon: paul babeu, what do you make of that, i don't know -- >> unacceptable. well, no. he says, i regret, that is not an apology. there is no honor here. this is a direct result of what leaders in our government did. this is a betrayal of law enforcement. the fact that they never even told -- this happened

in arizona. they never told the sheriffs of arizona, this is our jurisdiction. 2,000 guns into the hands of the most violent criminals in north america. flawed in concept? how could this ever end well? to give guns to the most violent criminals who cut people's heads off for a living down in mexico? 43,000 people have been murdered. the attorney general of their country is demanding accountability, that the leaders in america who are responsible for this should be extradited to mexico to face criminal charges in mexico because two, 300 people have been murdered in a foreign country pause of the actions of our government. jon: you say they didn't run this program by any of you arizona sheriffs. if they had, what would you have told them? >> are you crazy? this is insanity. that there is no way 2,000 weapons -- these are guns we don't even have. only our s.w.a.t. teams have. .50 caliber sniper rifles. semiautomatic ak-47's that

can be easily converted to fully automatic. here's just what happened. last week we announced a major body blow to the sina low awe cartel. we're fighting local cartels, local law enforcement. arrested 76 open this. confiscated 108 weapons. at least two guns were confirmed from his program "fast and furious". not only were they brought to mexico to be used in crimes in killing people. now they're coming back into the united states in the commission of serious felonies, drug trafficking, and murder here in america. this is outrageous. this is larger than watergate because nobody died in watergate. jon: yeah. >> the subsequent follow-on cover-up is the larger scandal. jon: paul babeu, the sheriff of pinal county, arizona, where i guess some of those guns are still out there unaccounted for and possibly could be trained against some of your people. sheriff babeu. thank you. >> absolutely. thank you. jenna: wow, another big story today, not necessarily what you would expect from

world leaders. french president sarkozy and president obama caught talking about another world leader behind his back and they weren't alone. what the two tap apparently had to say about israel's prime minister

jenna: breaking news really rocking the entire sports world at this time. we're just getting word a press conference at penn state university. this man was going to be at the press conference, joe paterno, the head coach of penn state. he normally holds weekly pressers to talk about the week ahead. there is a big game against nebraska this weekend that is not what the questions were going to be today. there is sex scandal really rocking the entire penn state university along with the sports world as i mentioned in general because a former coach at penn state has been accused of sexually abusing young boys and it just keeps getting bigger

and bigger, with the resignations of several top officials at the school and indictmentments of them as well. we'll keep you posting. we have more on this story next hour on "happening now". jon: well the next entertainment blockbuster is not a movie. it is activision's, call of duty "modern warfare 3". it hit store shelves at midnight. it could break records set by its previous installment that sold nearly five million copies in 24 hours. it is spawning new social network which players from around the world meet online in a battle to the death. we have pried dennis kneale away from his videogame console. he is from the fox business network and he joins us now. >> reporter: that is verdict wall death. "modern warfare 3" is out today. the newest billion dollar blockbuster in entertainment franchise that hollywood would kill for. since call of duty debutted in 2003 it sold $100 million

copies at more than 50 bucks a piece. hauled in $5 billion, 30 million people play call of duty online. "modern warfare 3" is bigger better, more explosive. you get to fight the russians while blowing up new york city. mw3 that is what we gameboys call it. it will launch with a $100 million marketing blitz. it could hit. 100 million mark in three weeks. it hopes to sign up millions of fans to pay $50 a year for membership in a new elite online social network. you get that by buying 100 special hardened edition and even 400 special edition of the microsoft xbox expressing designed for mw3. it will be huge. it will probably outdo its prid sefrs. that is something hollywood has to sit back and envy. jon: they will be making movies out of that.

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jenna: attorney general eric holder is on the hot seat today on capitol hill answering a lot of questions about fast and furious. hi, everybody, i'm jenna lee. jon: yeah. got pretty point inside that hearing. i'm jon scott. a senate oversight committee is demanding answers about the flawed operation that put guns into the hands of mexican drug lords. the attorney general telling the committee gun trafficking remains a serious problem that needs to be tackled, but fast and furious never should have happened. >> fast and furious was a flawed response to and not the cause of the flow of illegal guns from the united states into mexico. yp jon nobody knows this controversy better than william la jeunesse. he is live in los angeles. the attorney general was asked to clear up exactly when he first learned about fast and

furious. what did he say? is. >> reporter: well, jon, number one, holder basically blamed congress for the operation by, number one, not passing a gun trafficking statute, number two, that requirement that gun source report anyone who buys two or more rifles. republicans attacked holder on three points. number one, the murder of brian terry. though top doj officials knew within 48 hours those guns belonged to the atf investigation, holder said no one told him, and he did not learn of it until two months later from the press, so today holder attempted to clarify what he said earlier to congressman darrell issa. >> when did you first learn the operational tactics being used in operation fast and furious, and what did you do about it? >> i first learned about the tactics and the phrase operation fast and furious the beginning of this year, i think, when it became a matter of, i guess, public controversy. um, in my testimony before the

house committee, i did say a few weeks i probably could have said a couple of months. >> reporter: well, this hearing was extremely partisan. democrats went back to 2007 to blame gun walking on president bush first, and they failed to say, however, that operation wide receiver was similar to fast and furious but were told agents tried but failed to stop the operation. there was no attempt to stop it, only with the death of brian terry did they, and we did not tell mexico. jon? jon: we heard senator grassley who's been the senate's point man on this controversy. senator grassley was quizzing the attorney general about discrepancies in a letter that was sent to him. can you explain that? >> reporter: sure. you know, republicans feel holder's department has lied to them for nine months when it claim inside that february 4th letter that whistleblower operations that the atf knowingly allowed guns to be sold and smugglinged into --

something led into mexico was false. today, again, holder attempted to clarify. >> let me clear something up. the information that was shared with you on february the 4th in that response, um, there was information in that letter that was inaccurate. the letter could have been better crafted. we were relying in the crafting of that letter, people were relying on information provided to them by people who were, we thought, in the best position to know what was accurate, people in the u.s. attorney's office, people at atf, people who themselves have now indicated in their congressional testimony before the house that they were not aware of the tactics that were employed. >> reporter: senator cornyn from texas tried to pin down holder on exactly what he knew and when he knew it. holder said even though documents may show that he was informed of fast and furious like briefing papers and weekly reports, holder said stuff is addressed to him, jon, all the

time, but it is actually read by staff who then brief him on what's important in it, so again, he insists even though there's a paper trail showing he may have known about it, he claims he did not especially know about the tactics used in the operation. back to you. jon: william la jeunesse in l.a. for us, thanks, william. and for full coverage on fast and furious, because some of the details can get a little hard to follow, also more of today's testimony by attorney general eric holder, go to our web site, foxnews.com. we have it for you there. right now presidential candidate herman cain will hold a formal news conference later today. he says he'll respond to the latest allegation of sexual harassment, a fourth woman who claims cain made unwanted advances. she came forward yesterday. sharon bialek is the first woman to go public. she describes an incident she says happened 14 years ago. earlier on "america's newsroom," she told martha maccallum why she finally decided to come

forward. >> when i saw him running for president and i actually heard him speak and i was sitting in the audience, the thought kept running through any mind as, oh, boy, i hope this man, i hope that nobody else had to have what happened to me, and i really did. i was going to keep mum, and i wasn't going to say a word, i just was going to keep it inside me, the other two people, and then when the other women came forward which they sort of did, really didn't, and they couldn't speak or doesn't want to speak -- didn't want to speak, i had to do it. jon: joining us now is a caib -- cain campaign adviser. these allegations, what is the campaign's response to them? >> well, i'm not speaking for the campaign. i'm a friend of herman cain, he's a good friend of mine, and i'm a volunteer adviser to the campaign, but i'm not speaking on behalf of the campaign. i am speaking on behalf of the

congress of racial equality, and i'm very disturbed by what i see as nothing more than an attempted character assassination using one to have more vicious charges -- one of the more vicious charges and stereotypes which i call the mendingo stereotypes, that being the overly sexed black-skinned, black man that has been used unfairly for a couple of centuries in our country. and i think what these attempted character assassins don't realize is they underestimate the decency of the american people, and they underestimate the ability of the american people to read past this bs. jon: well, but -- >> that's exactly what i think it is. jon: about an hour ago we had karl rove on our air who says he believes these allegations are going to take a serious toll unless the bloodletting is staunched right away. >> i would caution karl, i would

caution members of the conservative elite that sexual harassment today is being used as a powerful political weapon the same way that the race card today is used as a powerful political weapon. and i would caution these elites in the conservative media as well as the liberal media, do you really think it's just going to end, this political tool is just going to end with herman cain? i caution them to be careful about what they say. jon: your candidate, herman cain, and by the way, we were told that you are speaking on behalf of the campaign, so i'll just leave it at that. >> well, i can't. i can't because i'm not paid by the campaign. herman cain is my friend, but i'm a volunteer adviser, jon. jon: all right. the campaign, it is quite clear that herman cain didn't exactly have the story straight the

first time he addressed the first couple of accusations that came out revolving around his time at the nra. he changed his story. what do you think about the job that he did in addressing to the first round of accusations? >> i will quote mark block who said that they could have done a better job coming out of the gate in dealing with those charges. i think there's no question in that, some mistakes were made in handling of it. but that does not take away from the lack of credibility that ms. bialek has in her presentation where she giggled and smiled several times during the presentation. jon: yep. >> it doesn't take away from her lack of credibility, of credible story. jon: why did it take her 14 years to come forward with these charges? >> that's exactly the kinds of questions that i would hope that the media would start demanding. i think they need to start looking at the fact that she's had a couple of bankruptcies, that she's been unemployed for several years. i'm not saying that that

undermines her credibility, but it might go to what her financial motives may be. she has not, she has not said that she will not take a dollar for coming out here. and she looks at a case like anita hill who has become the patron saint of sexual harassment and has gotten quite wealthy from being the patron saint for sexual harassment, essentially doing the same type of last minute, 12 hour character assassination that ms. bialek is doing here. jon: you think your friend, herman cain s the victim here of these attacks simply because he is a public figure, because he's running for president? >> i think there's no question that he is a victim of these unfair, unfounded, anonymous in many cases attacks. and by the way, i don't think it's just going to stop here. i think it's now like an episode of "dancing with the stars" or "who wants to be a millionaire." you now have folk who are trying to attack him to get their 15

minutes of fame and maybe get $15 of fortune along with the 15 minutes of fame. and i think he is a victim, and i would caution those within the conservative movement that are discarding herman cain, do you really believe that this new political weapon or revived political weapon of sexual harassment is just going to end with herman cain? jon: is that, that sounds almost like a threat directed at conservatives. is it? >> it is a threat. absolutely. it's a threat and -- jon: but is it a threat from you? >> no, it's not a threat from -- no, no, no. it's not a threat from me. i don't play those games. but what i am saying is it is a warning from those who would disregard herman cain from those who would just throw him to the wolves. it's not going to end there. you are empowering these people that just like you have a race industry, a race card industry, you now have a sexual harassment

industry. and what is tragic about this, of course, is that there are truly victims, female victims of sexual harassment. but it's going to become a point where the american people are going to say this is like the boy who cried wolf. jon: niger ennis is a friend of herman cain's. thank you. >> thank you, jon. jenna: and this fox news alert. we're following a fast-moving story out of penn state university. just moments ago we're learning of potentially another victim in this child sexual abuse case against former penn state assistant coach jerry sandusky. investigators saying another man has come forward bringing the number of victims that we know of now to nine. allegedly. this as penn state canceled a news conference we were expecting with head coach joe paterno. david lee miller is following this live from university park, pennsylvania. david lee? >> reporter: jenna, that news conference was supposed to take place in just about 20 minutes' time in the stadium behind me. very abruptly a few moments ago,

in the news release was handed out to reporters. look at the size of the font, very large, and that sort of is symbolic of the size scandal this is on the campus. very simply, it says: >> reporter: this was released by the information director of the sports didn't. you can see he was surrounded by as many as 100-plus reporters as he fled from the stadium not wanting to elaborate, answer any questions. according to the associated press, joe paterno's son said that this decision was made by the office of the president here at penn state and that his father, joe a paterno, did, in fact, want to have the news conference, he did want to talk about the nebraska game this weekend, but he also wanted to talk about this ongoing sex scandal. questions are being asked louder and louder; should joe paterno have done more to inform authorities about the alleged

sexual abuse taking place on campus? the attorney general said yesterday after a graduate student told paterno that the former coach, jerry sandusky, was in the shower with a young boy, paterno did the right thing telling his superior who was the athletic director, tim curly. curly note notified the vice president for buzz and finance, gary schulz. both of those men were charged with failing to report the abuse to authorities and charged with perjury to the grand jury. but at no time was the abuse reported to a child welfare agency, and the victim's name has never been released, never been identified s what i should say. so many people now asking, should paterno have made a call to the authorities to notify them that some type of sexual abuse was taking place? he said in a statement earlier that he never knew the specific actions taking place in the sures, so he's attempting to say that he did not understand the

seriousness of the allegations. what he was going to elaborate on in this news conference we do not know. he has effectively, if you believe his son, been muzzled by penn state. when, if ever, is he going to talk about this before it goes to trial? additionally, it is expected tomorrow that jerry sandusky is going to be in court for a preliminary hearing, and it is very possible, jenna, that we could learn more about this alleged ninth victim that you mentioned. not a great deal of information is known about this ninth victim. we were told that he is now an adult, that he came forward on sunday after seeing news reports about the scandal here on campus and that at no time did he tell anyone about what happened including his parents. again, the news conference canceled, the next significant development here will be jerry sandusky scheduled to appear in court in a preliminary hearing as soon as tomorrow. jon that? jenna: and what will he say, obviously, going to be the headline for tomorrow. david lee miller following this very serious story out of penn

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jon: pretty strange and scary weather for early november, a tornado watch in effect until 6 p.m. central time for northeast texas. extreme southeast oklahoma where they've just had a tornado, northwest louisiana and parts of central and southwest arkansas. you can see in the red box there the area of heightened concern. that tornado watch in effect there if you've, if you're live anything that area, keep an ear tuned to those weather radios. jenna: well, right now both sides are playing the blame game on capitol hill as the supercommittee struggles to come up with a plan to cut the deficit. >> if you don't do any revenues, you won't get the grand bargain that gets the deficit down, just as if you didn't do spend, you couldn't come to a grand bargain that gets the deficit down.

>> the sequestration is not engraved on golden tablets. it is, it is a notional aspiration, and those of us -- and i think we have sufficient support to prevent those kinds of cuts being enacted because of the impact it would have on national security. jenna: sequestration, of course, being what happens if there's not an agreement reached for the supercommittee. chris niedermayer served as deputy direct director at the u.s. securities and exchange commission, certainly you've seen some interesting things in the past. >> absolutely. jenna: chris, what's the game plan here? high stakes, but either side what's in it for the posturing on both sides at this moment? >> well, there's only two weeks left, as you know, for the supercommittee to reach a conclusion if they're going to meet the deadline. it seems president obama set a new tone when he went out on the campaign trail recently on his jobs program trying to paint congress as a do-nothing congress, so there is some fear that given the fact that the

full committee hasn't met recently and that chuck schumer is saying they may not reach a conclusion, that both sides will try to point fingers at each other and wait until next year's election to resolve the matter. jenna: does it help obama if we go into this stage of sequestration? >> i don't think it helps either side. he's the commander in chief, and he news to get this -- he needs to get this economy moving again. the options are the credit rating of the country could go down, the markets could take a dive. already there's an international economic crisis, people are out of work to the tune of 9%, so if those circumstances don't change between now and next november, i think both members of congress and the president will be in the tank. jenna: as far as what the timeline looks like, you mentioned two weeks, but are we going down to the very wire to see if they can come up with 1.2 trillion in cuts, never mind the 10-plus more they're going to need to make eventually? >> you're right. there are a few options.

one is they could vote themselves an extension, and there is some view on the hill they might do that. the committee would have to have seven of the 12 members do that. the good news about that is if they do extend the deadline which i think they're likely to do, the vote itself in congress would not be summit to debate or filibuster or amendment, so it would be an up or down vote. the other option that some in the administration have been talking about is perhaps the committee will come up with some package they can agree on such as $400 billion in cuts because they seem to be so far apart on the tax revenue part of the package. jenna: that's on the table, we're in it for a while. chris, thank you very much for your perspective. we appreciate it and nice to have you on set with us. >> thank you. jenna: jon? jon: late breaking developments in the child sexual abuse allegations rocking penn state university. one prominent newspaper is now calling for resignations. an update just ahead.

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>> normally you don't hear about penn state in a negative matter in any way. it kind of came as a surprise to everybody, i think. >> at this point nobody -- pretty disappointed nobody stepped up and said something. kind of disgusting when you read about it, and disappointed that our program doesn't have any smudges on its record has up with. jenna: just a short time ago we learned of another potential victim against former assistant coach jerry sandusky. you can see him on the left-hand side of your screen. since this first emerged, two other former high-ranking university officials have been charged with covering up allegations, lying under oath about this that sandusky

sexually abused young boys and they knew about it. here now, ellis cannon, former trial attorney. and, ellis, nice to have you with us to work through this story that seems to be getting bigger and bigger at every moment. >> my pleasure. jenna: full disclaimer, i read the grand jury report, 23 pages. to describe these allegations as serious is an understatement. it goes into quite a bit of detail of what sandusky is charged of. again, innocent until proven guilty, but the question becomes what scale, i mean, what happens next? how big does this go? how many more victims come forward? do you have any first impressions on that? >> yes, i do. thanks so much, jenna, pleasure to be with you and everybody at fox again. you know, when you look at this, and you really hit it on the head. right off the bat we have to acknowledge and, of course, as a trial lawyer you have all the caveats associate with the that type of dialogue and the setting and all the rights and be privileges that come with it including defense of what you

rightly refer to as something that, obviously, gets to your stomach at the very least, and it's terrified people in some respects. we have all that out there, everything we talk about now. but there are a lot of different ways for us to put the scale in perspective. in a very narrow way, forgive me, i'm not trying to make this any type of light analogy, but in pittsburgh where 70% of the television sets were on the other night to watch the steelers lose in a key game, yet that story has been thoroughly overwhelmed by this one. and in pittsburgh that's a big deal. it certainly has been regionally throughout the state, the newspapers are now getting involved, the entire narrative is changing. the story has been fast breaking and moving all along, but now the narrative is change anything a big time way. i sent a link to fox earlier today, and it was the patriot news in harrisburg which is very much centered in the center of penn state country for a lot of people, and it's a very dramatic, bold headline.

i'll read it very quickly. there are the obligations we all have to uphold the law, there are then the obligations we all have to do what is right. and it goes on to demand the resignation of graham spaniard, the president, and says that joe paterno, who's in his last year, must be. that, perhaps, gives you a sense of the scale. in a legal sense, this has already begun, it will continue to unfold. it's now in that process -- jenna: ellis, let me stop you there as we work through this process. obviously, the name that now is coming up today is joe paterno, head coach at penn state, an icon in college sports and in the sports world in general. according to the grand jury report, he knew or had -- one of the graduate assistants tell him of an event between sandusky and a young boy in penn state university, in the locker rooms, and he turned over that information to the athletic director at the time, to the higher ups, to his supervisors.

now, the question becomes what happens to joe paterno. we're getting some report that is penn state is planning his exit from the university because of this, and these are just initial reports coming to us by way of "the new york times" web site. what do you think ant that? will have to step down because of this? >> i think there'll be a clean slate when this is all said and done, jenna, and the reality is the focus of most people right now is less on the legal aspect. for instance, the legal aspect of those that are now charged, they're the ones who are entitled to the minutiae, all that comes with defending themselves from these claims and allegations. but most people watching right now think on a much broader scale. we don't have the time to drill very deep into the legal nuances. we don't particularly care. we think in terms of bigger picture. when you think in that term, you think in terms of the morality of all of this. and the sense of seemingly out there that penn state and some of the people that you mentioned might have done just enough to satisfy legal protocol or just

enough to be able to do what they were required to do but not more. the expectations simply are much high in most people's minds. don't accept my opinion, accept penn state's. they've portrayed themselves that way for decades, and joe paterno has been that way for many teem. i host a nightly television show in pittsburgh, it's a news magazine type of show, and last night i had e-mails that included number of victories, 409. number of children protected, 0. i had other people writing me, well, if this was their son they saw in the shower, would they have reacted the same way? that, in their mind, triggers all the moral and legal liability necessary. this is where people are. it's now at the moral level, it's now at a scale and scope that's much broader. the legal part will play out, but right now the way people are judging it, it almost reminds me in some respects of the watergate era, the nixon era and

specifically what did he know, when did he know it and what did he do or fail to do about it. and the sense is very real here that there could have been a lot more. and, again, the state police commissioner attests to that. i think most people on the street would as well. jenna: ellis, we appreciate that perspective, as we mentioned at the top, potentially a ninth victim coming out. all of these young men in their mid 20s now, so this went on, according to again to the grand jury report, for more than a decade. and so the chance, potentially, of more victims coming out is a very real one. ellis, we'll continue to check in with you. i know you're going to be following this closely. >> very much. jenna: we appreciate that insight. of course, on "happening now" we're going to continue to watch this, and you can just go to our web site for the latest information on penn state. be again, to say that these allegations are serious is an understatement, and we will continue to follow this story closely for all of you today. jon: right now in alaska a u.s. army soldier is under arrest, charged with espionage.

what the army is accusing him of doing for an outfit, well, for someone he believed was a foreign agent. plus, they thought no one[ was listening. there've that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. most powerful trading app ? total access - to everything. from idea to research to trade. including financials, indicators and real-time streaming quotes. whether you check your investments every day or every minute, our app can take them from thought to trade.

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jon: right now there's international fallout over some embarrassing remarks thought to be private, but they went public about israeli prime minister benjamin netanyahu. reporters who covered the g20 summit last week are coming forward now saying they overheard french president

nicolas sarkozy and president obama making some candid and not very flattering comments about the israeli leader. let's get some reaction from jerusalem, our own leland vittert is there now. leland? >> reporter: jon, it is so rare when you get to hear what world leaders really think after the cameras stop snapping all those formal pictures and actually get down to talking about everybody. french president sarkozy called the israeli prime minister a liar, and president obama said, well, if you think it's tiring to deal with him and you're fed up with dealing with him, i have to deal with him every day. obviously, that is not what they wanted to have broadcast to the world. it's been a legendary icy relationship between president obama and prime minister netanyahu, but that icy relationship after these comments, you might say could go to the temperature of dry ice right now. and this is a horrible, horrible time for a situation like this to happen as israel has

continued to get more and more isolated around the world. french president sarkozy has been very critical of prime minister netanyahu over the building of settlements in the west bank, the breakdown of the peace talks, and israel is also becoming more isolated even within the european union. the german chancellor canceled a visit here saying that prime minister netanyahu was untrustworthy as someone to deal with in this kind of situation. where do we go from here? remember, the past week, jon, we've been talking about the possibility of an israeli strike on iran. what you need to have in that kind of situation is a coordination where world leaders -- the prime minister of israel, the president of the united states, the president of france -- can all talk candidly, openly and, hopefully, at least trust each other to tell the truth. and from this situation you get the feeling they don't trust each other. as for the israeli prime minister, i talked to his office earlier today, they're not extending any olive branches, they're also not adding fuel to

the fire. they're simply saying no comment and let the chips fall where they may. jon: those unvarnished comments pretty interesting to hear. leland vittert, thank you. we're going to be having much more on this with our news watch panel a little later on in the hour. jenna: right now a u.s. soldier is behind bars after allegedly trying to give information to someone he thought was a foreign agent, not our friend, not a good guy. rick folbaum has more on the story. >> reporter: we're learning some of the details, the army says this young specialist was trying to help a foreign nation. officials not saying which country though. we have a picture of him, 22-year-old william colton malay. he's from owens borrow, kentucky. he has been based in alaska since may, and he was arrested in october on the 28th of last month. he's being held without bail right now. the army says that malay attempted to pass along information that he had learned while on active duty that, while unclassified, he believed could be used to the advantage of this

foreign country. the army says that it was investigating malay while he was carrying out these alleged crimes and that no damage to the country occurred. malay's lawyer says that his client claims that he's knelt. he is being charged and tried through the military justice system and, jenna, as we learn more, we'll pass it along. jenna: what a mystery, indeed. hopefully, we learn more about that, rick. thank you. jon: hey, i don't want to alarm you, but we are about to have a close encounter with an asteroid. it is keeping astronomers on high alert. this thing is a quarter mile wide, it is expected to zip past the earth around 6:30 eastern time today, just about six hours from now. if you have a six-inch or larger telescope, you might be able to see the thing for yourself. we are told we don't need to worry about this one, it's not going to hit us, but scientists do warn of a global catastrophe if something this big were to impact earth. jenna: do you have a telescope? jon: i used to.

jenna: i'd imagine that jon scott would have a telescope, right? jon: just a happy thought for your tuesday afternoon. the thing's a quarter mile wide, but it's not going to hit. jenna: we wish you well. for the first time ever we're getting a look inside the massive assembly building at nasa's kennedy space center. it's a bit of a farewell tour that our very own phil keating is on joining us live from cape canaveral. hi, phil. >> reporter: hi, jenna. this is actually the first-ever live television broadcast inside the vehicle assembly building with the real, true space shuttle just 100 feet here in the background. that's endeavor still being decommissioned before it heads to los angeles sometime next year. but this is the tour group, and for the first time since 1978, people with the general public are allowed to come inside the vab, as it's called, which happens to be the largest single structure story building in the entire world. it's absolutely enormous.

this is where they stack all the shuttles and the rockets. as everyone comes in, they just drop their jaws wide open, look up and take it all in. >> ladies and gentlemen, good morning and welcome to the kennedy space center. you guys are in for a treat today. this is really special. 525 feet tall. >> this is incredible. just -- it's just, it takes your breath away. there's just, it's so huge. >> reporter: everyone's looking up. for the first time in 30 years, the general public can get inside nasa's legendary vehicle assembly building. >> it's very cool and amazing. >> reporter: every space shuttle stack with the a fuel tank and booster rockets. >> zero and liftoff, the final liftoff -- >> reporter: but with the fleet retired and nasa's space shuttle replacement at least five years away -- >> that is launch pad 39a. >> -- previously off-limit areas

on the space coast with a sweeping view of famed launch pad 39a are open. and, sure, seeing an 8-footal gater and a bald eagle along the way is cool. >> are you ready? do you want to see endeavour? let's go take a look. >> reporter: but the endeavour this close? >> i'm going to jump in there. >> reporter: and a photo that says "tours: space history." now, it is a dlosh 30 million -- $30 million project to decommission the three shuttles. discovery, endeavour and atlantis will be on public display starting next spring with the discovery at the smithsonian and the enterprise which is currently there but never flew up to the space station, it goes to new york city. so all of that happening next year. everyone is just absolutely awe struck when they come in here, but they are space tourists. back to you, jenna. jenna: it's nice to feel their

awe, too, for those of us who can't be there, phil. it's extraordinary. thank you for that look inside, well, the space center. jon, you'd be hop anything that thing. jon: i am envious of phil keating. phil, get up here, we'll trade places. hey, there's an international uproar over comments that were supposed to be private, but guess what? reporters at the g20 gathering say they heard them. the u.s. and french presidents making some candid remarks about israel's prime minister, remarks they might now regret. our news watch panel takes a look at what they said and world reaction. ♪ so who ordered the cereal that can help lower olesterol

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years ago had a very friendly exchange with him just up with month ago. a reporter who was there brings us a twist this this story. plus, three top spen state employees said they did all they needed to. really? the chief investigator on that case is here and has some thoughts on that claim. plus, attorney general eric holder getting grilled by senators on operation fast and furious. senator chuck grassley leading the charge, he's here along with our legal panel. is it time for mr. holder to go? and the cell phone belonging to deborah bradly, the mother of baby lisa, reportedly called the woman's phone at a critical hour that night. what we just learned about the woman on the other end of that call will shock and disturb you. see you in 13413 minutes. 13 minutes. jon: a fox news alert and some ominous news out of iran. we are told that the iaea report, the international atomic energy agency, is supposed to be out tomorrow, but we're getting

an early look. and according to that report, the associated press says, some of the work that iran is doing with nuclear materials is specific to nuclear weapons. of course, iran has been claiming all along that it is only working on peaceful uses of nuclear energy; electricity generation and the like. but according to this iaea report which is being leaked in drabs to agencies like the associated press, some of the work iran has been doing is specific to nuclear weapons including trying to fit those weapons onto ballistic missiles. we'll have more details as they become available and that full report scheduled toed to be out tomorrow, although russia and china have been trying to block it. we'll keep you updated as best we can. jenna: in the meantime, we are continuing to get new developments out of penn state university, horrific accusations of sex abuse against a former assistant football coach. rick -- i'll get it out, sorry,

rick, it's moving so fast, i can hardly keep up with it. you have new developments. >> reporter: we wanted to give you a couple of the bullet points because so much has been happening since we've been on the air, and this all comes after the indictment of a former assistant coach, jerry sandusky, who is now accused of sexually abused eight young boys over a 15-year time period. two university officials have also been indicted on charges of lying to the grand jury investigating the alleged abuse, and ledge jemed dare coach joe paterno under fire for not doing more when he first learned that abuse was taking place. at the time sandusky had retired from paterno's staff, he was not a coach working for paterno at the time, and paterno did go to his boss, the athletic director, to inform him of the charges, but he did not go to the police, and that's why some people are so upset with joe paterno. first there are reports of a possible ninth victim coming forward, also "the new york

times" is reporting the university is right now working on the details of a plan, jenna, that would bring to an end the illustrious career of one of the most beloved coaches in the history of college sports, joe paterno. a news conference canceled bankruptly, the university -- abruptly, the university behind that move, and a newspaper is calling for everyone to step down as a result of all of this. a very sad story all around. jenna: can't forget the victims. we'll be right back with more "happening "happening now."

jon: well, they say if you don't have anything nice to say, maybe you should keep quiet. well, it looks like the french and u.s. presidents should heed that advice. an open microphone at the g20 summit apparently picking up some private comments they made

about israel's prime minister, and it sounds like they both might wind up regretting them. let's talk about it with our news watch panel, fox news contributor, former pulitzer prize-winning reporter judith miller is with us as well as the alan colmes show host, alan colmes. judy, let's set the stage here. not everybody speaks the same languages, so these world leaders wear these translation earphones -- >> right. jon: -- and they have translators working. >> yes. jon: in cannes, in france, the french president was speaking to our president, and he said something like this: netanyahu, i can't stand him, he's a liar. and then according to the french press, obama, mr. obama responded: you are sick of him, but i have to work with him every day. does it sound like these two, like the two leaders you've been covering? [laughter] >> it sounds like the two leaders that i know in terms of what they think about netanyahu,

the prime minister of israel. look, he's enormously unpopular. this exchange should surprise no one. the only surprising element of it at all is that it was finally reported by one french newspaper that said we're not going to play by these old fudty fuddy-duddy rules. this happened, they said it, we're going the play it, and it has caused a firestorm in france and in israel. jon: well, i guess there dose -- there goes the jewish vote, alan. >> oh, come on. the rnc has put out a press release trying to make political hay of this. why are we surprised? here's netanyahu who has been a problem. by the way -- jon: he's the elected leader of his country, alan. >> the context -- yes, he disobeyed international wishes to continue to build on the west bank. but the context of this conversation was how can we get the palestinians to not go to the u.n. to ask for state

recognition. this is actually favoring israel. that was the context of their conversation. they were taking a pro-israel stance in the context of what they were talking about. jon: we do hear, judy, that there were only fragments of the conversation reported. are we jumping to conclusions here? >> well, we could be, but it's kind of hard to consider, think about the context in which such statements would have been made. look, i don't think it should be any surprise that netanyahu is unpopular. the context we should be looking at, however, is the fact that sarkozy, the french president, has worked very hard to improve france's relations with israel. and, in fact, just last week sarkozy was quoted as saying if israel were in danger, he would not stand idly by with his arms crossed and do nothing. this is a man whose maternal grandfather was jewish, so to think of him as anti-israel is

taking it out of context. jon: we'll be back with more in a moment. [ male announcer ] there are only so many foods that make kids happy. and even fewer that make moms happy too. with wholesome noodles and bite sized chicken, nothing brings you together like chicken noodle soup from campbell's. it's amazing what soup can do.