jon: we'll have more of the discussion about what the new presidents had to say on saturday. jenna: our mike is on, be careful. jon: bye-bye. megyn: fox news alert on a key senate hearing now underway, a hearing that could have a big impact on the future of attorney general eric holder. welcome to "america live," i'm megyn kelly. the attorney general facing his critics today in what has been a tense and fiery hearing on the botched federal gun running sting, known as operation fast and furious, run out of the phoenix, arizona atf office. senate republicans grilling mr. holder on what he knew about the program and when he knew it and whether he misled congress. the operation as we now know put deadly weapons into the hands of mexico's most notorious criminals. they thought they would track those weapons back to the big drug cartels. these not how it worked out at least one of the guns was used

to murder an american border control agent named brian terry. here is part of an exchange between holder and john cornine. >> you're not suggesting, general holder that it's not your responsibility to have known about this operation, is it? >> well, there are 115,000 employees in the united states department of justice, there are -- >> and the buck stops with you. >> i have ultimate responsibility for that which happens in the department, but i cannot be expected to know the details of every operation that is on going in the justice department on a day-to-day basis. i did not know about fast and furious, as is indicated in the chart that you now have up there until i guess -- well, until -- it became public. >> there were memos with your name on it addressed to you referring to the fast and furious operation. are you just saying you didn't read them in. >> i didn't receive them. >> have you apologized to the

family of brian terry? >> i have not apologized to them but i certainly regret what happened. >> have you even talked to them? >> i have not. megyn: the senators also wanted to know if the attorney general intentionally lied to congress in testimony he gave about exactly when he learned of this scandal. >> when did you first learn of 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 in the beginning of this year, i think when it became a matter of i guess public controversy. in my testimony before the house committee i did say a few weeks, i probably could have said, a couple of months. i don't think that what i said, in terms of using the term a few weeks was inaccurate, based on what happened. megyn: senator charles grassley is the ranking member of the

senate jew dish aeurb recommittee and the man who led the questioning this morning. senator grassley thank you so much for being on. we appreciate it. let me ask you first what is on the minds of so many in watching this scandal day-by-day and week by week and month-by-month unfold. do you believe as 32 members of the house on the republican side of the house believe that it is time for attorney general holder to resign. >> not yet nil get to the bottom of it. i have said this. if this applies to him it would be his resignation i ask for. the person at the top who approved fast and furious has to go. if heads don't roll nothing changes. megyn: how high do you believe based on the evidence you have so far this reaches into the doj? >> at least the assistant attorney general, lani brewer. also, i think what you had on

there that holder was being asked isn't entirely accurate, from the standpoint that he had a lot of memos going across his desk in the summer 2010, and if he didn't read those, why wasn't he reading the memos? he should have known about it way back then. megyn: he said he told the senator as we played in part in that sound byte. i have ultimate responsibility here, but i cannot be expected to know details of ever operation going on on a day-to-day basis. that is his response to you. do you not find that adequate. >> i do not find it adequate. i believe we get too much information that is conflicting. i'll give you an example. right here we asked a lot about the february 4th letters today, and we got answers that were a week ago, they admitted had false information. megyn: i want to get our viewers up to speed on what you're

referring to. back in january of 2011 you presented eric holder with letters detailing this operation, wanting to know the truth about what the doj knew and when it knew it. >> yeah. megyn: then they wrote back to you and said, look, what these whistle blowess are telling you is not true, this didn't happen, we didn't authorize it and that was in february and you asked them about those letters which now you know were not accurate at least. >> that's right. they admitted last week that there is false information in it. they should have known it a longtime before but they never admitted it until last week. because we followed up in february with additional letters and we sent them memos and information that we got from whistle blowers that proved that there was false information in that february 4th letter, and yet last winter they wrote back to us still denying that there was anything false in that letter. megyn: he has suggested that this is about a, quote, headline-grabbing washington

gotch-game and cynical political point scoring on i presume the part of you, congressman issa over on the house side and other republicans that continue to beat this dream. your response to that, senator? >> i recent that. i have a reputation for the 30 years that i've been in the senate doing oversight work, of asking just as tough of questions, investigating just as strongly republican presidents as democratic presidents. now what really irritates me is that today the democrats are bringing up, we ought to be investigating what went on in the bush administration. if they'd been helping me with this investigation nine months ago we'd be to the bottom of it now, but they are just getting interested when there is maybe a republican connection. i'll investigate everything. in fact on september the 30th i was denied a briefing on what went on in the bush administration that was scheduled and they never came and briefed me on it. megyn: senator charles grassley,

thank you so much for being here, sir, we'll continue to follow it. all the best. >> sure, thank you. megyn: as i said earlier this is a key hearing that could determine eric holder's future potentially as attorney general. what he says before congress winds upcoming up again and again and again and you heard him having to explain his testimony before the house in today's hearing. coming up we will talk to two men who have followed this case from the very beginning and we will debate the possible follow out from mr. holder's testimony and today's hearing. that is at 2:30 today. another fox news alert, administrators at penn state university abruptly cons link a news conference an hour ago that was supposed to address a growing sex-abuse scandal. this as we learn of a possible ninth victim coming forward to police. police had put out the call for other victims to identify themselves. it aeu fear appears that call was heard. head football coach joe paterno was supposed to talk about his upcoming game against nebraska today. he has weekly news conferences. he was supposed to take

questions about his former assistant coach, this man here, jerry sandusky, he worked with paterno for 30 years and was t the heir apparent to the thrown. he is out on bail and denies the charges and says he is innocent. coach paterno has been cleared of legal wrongdoing by the state's attorney general but not necessarily cleared of moral wrongdoing. he's been widely criticized for failing to alert the authorities to what an eyewitness to the abuse told him. instead he reported it up the line to his superiors at the university. was that enough? why didn't he call the police? why didn't others at penn state call police? the chief investigator on this case joins me live today with his thoughts on that. a case of he said, she said, and a shot at the oval office maybe

at stake. herman cain is set to address new allegations that he sexually harassed a woman back in the 1990s. he has a news conference scheduled for 5:00pm eastern time today. first his team coming out with a news release about the accusor the latest one, sharon bialek, outlining what they say is her long and troubled history. it's actually bialek. it's a tough last name. sheetsee been on a media blitz with her high-powered attorney gloria allred, and she is claiming mr. cain groped her while she was asking him for help finding a job and denying that the reason she's come forward now is to cash in. molly henneberg is live in washington. is it bialek. >> reporter: let's call her bialek. herman cain's campaign is going on offense sending out a press release listing six civil lawsuits in which sharon bialek was reportedly a defendant. two times she's filed for

bankruptcy and a paternity matter in which she was sued in 1999. asking why she would make such reprehensible statements about cain now. she is sticking by her story that he groped her 13 years ago. she says she is doing this for her 13-year-old son to show him that quote this is not appropriate behavior. she insists that her goal is to quote, get cain to admit to this. >> i want him to acknowledge that at points in time in his life he's 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. that's what i want him to do is say, hey, i made some mistakes. >> reporter: cain said there is not a quote, ounce of truth in what she is saying and he's hold thag press conference later today to set the record straight he says. today one of cain's volunteer advisers called bialek's allegations part of a powerful

political weapon being used against certain candidates. >> it is a warning for those who will disregard herman cain from those who would throw her 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. >> reporter: cain has also said he is not discouraged by these sexual harassment allegations, there are now four women making such claims, only one publicly. and that he's in the presidential race to win it. megyn. megyn: molly henneberg thank you. no doubt these are serious accusations that threaten to derail the cain campaign and the story gets even more complicated. it turns out that cain and bialek had a very public run in just a few weeks ago at a convention in illinois. coming up we will speak to someone who witnessed that encounter, and what she has to say may surprise you. well with less than a year until the election a new shakeup in the white house staff is raising

new questions about the president's re-election campaign, plus, new questions today about what happened at the occupied d.c. protest on friday night. did someone in this protest group push this woman down a flight of stairs? we'll investigate. i habe a cohd. yeah, i toog nyguil bud i'm stild stubbed up. [ male announcer ] truth is, nyquil doesn't un-stuff your nose. really? [ male announcer ] alka-seltzer plus liquid gels fights your worst cold symptoms, plus it relieves your stuffy nose. [ deep breath ] thank you! that's the cold truth!

megyn: someone upstairs must not be a sooners fan, first the largest earthquake in oklahoma's history, and then this. >> i promise it's not as close as you think. it never is. >> get past these trees. get past these trees. oh, my god. megyn: a tornado caught on tape rolling through rural cattle county oklahoma yesterday.

the twister sent people running for their cellars, other people running for their cameras. no reports of any major damage. a major shakeup inside the white house. president obama's chief of staff bill daley giving up a number of his day-to-day duties with less and year to go until the 2012 election. what does this mean for the administration, and for the president's re-election campaign? we are not exactly getting the straight skinny out of the white house. chris stirewalt is our fox news political digital editor. they are saying all sorts of things. he's shifting some of the duties, he shifted other duties weeks ago even though we didn't tell anybody about it. we know we brought him on ten months earlier. this is no big deal. what is the truth? >> reporter: well if it was a demotion then the reason for it would be the fact that the administration has struggled in its relations with congress, both in opposition to republicans and getting along with senate democrats, but that is a problem that predates

daily's arrival. that's something that has been a stumbling block for this president since he took office. what you really see here is the circling of the weighing opbs inside the obama administration. daly is an outsider, a clinton democrat, a business guy who came in after the republicans swept the midterms in a bid to sort of move obama to the center to mitigate some of these problems, to reach out to the business community and in fact moderate democrats on the hill, disaffected senate democrats who thought the president was going too far left. what you can infer from this is that the obama team is closing ranks, and now the president is surrounded by longtime loyalists, people who have been among those like david pluff his longtime political adviser, 2008 campaign manager who have urged the president to take a much tougher line with republicans and be more partisan and rally liberals and democrats around his cause. megyn: to that end, there was a report in the "wall street journal" which first broke this

story last night that suggested one of the problems for mr. daily is he doesn't get along with mr. reid. harry reid over in the senate, the senate majority leader doesn't like bill daley according to the reports and things like the interview daley gave to politico last month help explain why. in particular they site one of his comments, this is daily who is getting some of his duties shifted, not a demotion, that he told both democrats and republicans have made it very difficult for mr. obama to govern, "wall street journal" reporting mr. reid was livid. is that not just true that the president has had a tough time with both sides of the aisle, you get fired, demoted and duties shifted over that? >> reporter: you get your duties shifted because you're echoing the same line you read from bill clinton in his new book, other centrist democrats, saying what

the president needs to do is reach out to the middle, and instead they are going the other direction. it's worth pointing out here harry reid is about the only really valuable ally that president obama has in congress. he's about the only guy this he's got, because it's factshus democratic caucus. he's been there for obama all along, and if he didn't like what daley was doing sure that would be a strike against him. deep down i think this is a rejection, a repudiation of a very brief idea of moving to the center, and embracing a more clintonian attitude for the re-election, instead of what we're seeing, which is very harsh and partisan. megyn: thank you. as the white house and leading democrats try tole kha edge voter id rules across the country one state is pushing back. that story in three minutes. plus, we will hear from the radio reporter who is raising new questions about the sexual harassment allegations just

raised against herman cain yesterday. what amy jacobson says she saw happen between the presidential candidate and his latest accusor at a tea party meeting in october. >> i went up to him and asked him, do y remember me? i guess i wanted to see if he was going to be man enough to own up to what he had done from 14 years ago. he acknowledged that he remembered me from the foundation but he kind of looked uncomfortable. akes scottrade yor smartphone's 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. at scottrade, seven-dollar trades are just the start. try our powerful mobile app. it's another reason more investors are saying... i'm with scottrade.

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megyn: it's november 8th, everybody, that means it's voting day in several states. in mississippi several controversial issues on the ballot today. among them an initiative that would require voters to show a

government-issued id at the polls. supporters claim it will plea convenient fraud. critics argue it's about disinch franchising voters who tend to lean democratic. john roberts is live in jackson, mississippi with more. hey, john. >> reporter: good afternoon to you, megyn. if this measure passes mississippi would become the 15th state in the nation to require some sort of photo i.d. for people to go into the voting booth. the argument is that it disproportionately affects democratic voters who are poor, immigrants who might not have access to a photo i.d. and democratic voters that wait until the last minute to vote. delbert hoseseman is one of the sponsors of this. he wants to protect the integrity of the votes. he rejects claims by democrats that this would disinch franchise their voting. he says aupl you have to do is look at the experience of other states like georgia.

>> georgia is ahead of us five years on this. we've had african-american and minority participation go up 40% after they passed a voter id. same with hispanic voting there. this is not a detefrpblt this is to make people believe that their vote counts just once, you're eligible to cast it and you're alive when you cast it. >> reporter: we checked with georgia on that increase. the secretary of state's office in georgia agrees with that number of 40%, but other organizations like the brennan sent ten for justice at new york university say it's nowhere near that high when you compare it to other states like north carolina who don't have a voter photo i.d. report, it would appear that there is some sort of an affect here on not getting out the vote in the same type of numbers that you would. that measure, though, is expected to pass today as well as a measure limiting the government's powers of eminent domain. one of the big controversies here in the state of mississippi is the initiative 26, which would declare that life begins at the moment of for the ta liization and a single-celled

egg that's been fertilized has all the protections under the constitution as a person. we'll see which way that goes. it's a razor-thin margin. they're atlanticing a new governor, haley barbour is term limited. will republicans take control of the house, megyn? if they do it will be the first time since reconstruction that many people say they'll come close but they won't quite get there. megyn: thank you, we will have a debate in that personhood issue in the next hour. the woman who claims herman cain sexually harassed her, coming up we will talk to a woman who was at a meeting with both of them with a very different story. megyn: wait until you hear what we just learned about the woman on the other end of deborah

bradley's cellphone. new questions today about what happened at an occupy d.c. protest on friday night. did someone in this protest push this woman down? we'll investigate. there's a big reason to lower your high cholesterol... dangerous plaque that can build up in arteries over time... high cholesterol is a major factor. but these other health factors can also contribute to plaque buildup.

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attempted from the cellphone of deborah bradley, reportedly, just hours before her then tenmonth-old daughter was reported missing. the call apparently was made to a woman who claims she didn't even know this family at all, but now we are learning much, much more. trace gallagher live in l.a. with more. trace. >> reporter: megyn, we keep going back to these cell phones because they are playing a bigger role in the investigation. remember, the night that baby lisa went missing or the morning and that deborah bradley claims that three cell phones were also missing and she never tried to call those cell phones. but on the night that lisa went missing a phone call was made from deborah bradley's cellphone to the cellphone of a woman named megan wright. megan wright told police she never got the call because she didn't have the phone because she shares the phone with seven other people who live there this group house or flophouse which is about a half mile or quarter of a mile from the irrain house. now we have spoken with others who live inside that house right there, a two bedroom house, and they say that megan wright is not telling the truth, that

megan wright didn't share her phone because they all have their own phones, and that she allegedly is a known drug abuser in the area, and that megan rite has a relationship, or a friendship with jersey. remember, jersey is the handyman who is often seen in the irwin neighborhood, in fact the man directly across the street from the irwins has hired him for odd jobs. now the others who live in that house with megan wright say that she and jersey do a lot of drugs and they also fight a lot, and contact no indication that or kw the irwin family or deborah bradley. so the question becomes here, megyn why would deborah bradley's phone make a phone call to megan wright at some point during that questionable night when baby lisa went missing. police still will not comment any more. we tried again the past couple of days about the cellphone

investigation and exactly where it's going. megyn: trace, thank you. coming up in about ten minutes judge alex ferrer will join us live and weigh in on this latest breaking information that "america live" has just obtain obtained. back now to one of our top stories in afternoon, presidential candidate herman cain accused of sexual harassment. he is expected to speak out to the latest allegations this afternoon. meantime his team is going on oven offense lashing out at his latest accusor, saying sharon bialek has a long and storied history from the courts to finances. she is defending herself coming forward denying she is doing it for money. in a news conference with her attorney gloria allred she said this about running into mr. cain at an event about a month ago. >> the last time that i saw mr. cain, actually was about a month ago. i had been invited to the tea party conference sponsored by

wind chicago radio in chicago. i actually didn't know he was going to be there until the night before when my girlfriend told me. i went up to him and asked him, do you remember me? i guess i wanted to see if he was going to be man enough to own up to what he had done from 14 years ago. he acknowledged that he remembered me from the foundation, but he kind of looked uncomfortable and he said nothing as he was whisked away for his speech by his handlers. megyn: my next guest witnessed that encounter. amy jacobson is a radio host with am560wind. amy thank you so much for being here. you were there at this conservative conference and saw this woman go up to herman cain. first of all how do you remember that, and second of all tell us what you saw. >> i remember it because we were with her prior to his arrival and he kept asking her, is he here yet, will you tell me when

he's here. she worked at radio stations in the chicago area. we knew who she was. when we went backstage she kind of bump rushed me, megyn. ways trying to get a picture with him for our website, and twitter and facebook and she hugged him for a few seconds and then grabbed his arm and started whispering in his ear, and it became very tense i took a few steps back and went okay and looked at other people, like what is going on here? and she talked to him for a while an didn't say anything, he was going, uh-huh, uh-huh, uh-huh. and then she walked out, an walked up on stage. megyn: did she look upset or did he look upset? >> no she's got a very bubbly personality and flirtatious by nature. she looked determined, megyn, she was very determined to talk to him and she was hell bent on making sure she had private time with him, and that was a perfect place because nobody else was around and we weren't going to interrupt their conversation. i didn't know -- megyn: could you tell whether he looked jarred by whatever it was

she was whispering in his ear. >> he didn't react at all he was stone faced. he just went, uh-huh, uh-huh, for some reason -- she told me prior to this that she and her boyfriend had met him in 1977 at an after part fee for a national restaurant association event and they went upstairs to his hotel room with a group of people. she never made any disparaging remarks about him, or anything like, i need to talk to him. she really wanted to know when he was going to arrive. megyn: when she was done with that exchange did she say anything about the exchange to you and how did her demeanor appear to that point. >> she rushed off and went into the crowd to listen to him speak. she didn't say a word. she seemed -- she was determined, she seemed a little agitated but she went off into the crowd. megyn: that is the first she heard that when she greeted she gave them a hug. i think she said earlier she shook his hand. it seemed like a cordial greeting before the ear whisper

took place. >> she needed to corner him when we weren't around so she would could have her moment with him. megyn: amy jacobson thank you for coming on. >> thanks for having me, megyn. megyn: joining me more, kiss tin powers, a fox news contributor and david webb host of the david webb show on serious kph-rbgs m patriot and co-founder of tea party 365. no sooner does this woman come out with gloria all read. you know, the rooers rip on gloria. she's represented some questionable characters but she's also done a lot of good. take her out of it. she comes out with gloria allred and now the cain campaign is unleashing on this woman, what i said before about her money problems and that she is lying. kirstin, what is the bottom line? what are we to make of this? >> it's hard to know. there were only two people involved in this. some people look at this and they say, you know, i don't know what you would do, megyn but if i was in that situation if somebody did put their hand up my skirt and push my head down,

you know, someone would be in the hospital and it won't be me, you know. and also, everyone would know about it. you know, the idea that only a couple people were told, it's the type of thing that i think, you know, i would have told a lot of people about it, because it's basically an assault. you know, and so i think that that raises -- some people think, this doesn't quite sound right. martha was asking a lot of questions as well. wait, so you got on the train u went out to dinner. this isn't really what you do when you're looking for a job. so i think there is that. at the same time i think what we just heard from the radio host does corroborate what she said in terms of going up and talking to him. i mean to me it sounds like she was perhaps confronting him about it. megyn: yeah and was determined -- david before i bring you in, i want to follow-up with kristen on this while we're sort of on this women's issue. don't you think kristen to play devil's advocate for her, a lot of women have been put in the uncomfortable position. forget putting the head down,

but he upgraded a suite according to her, said let's meet at the hotel and bought drinks. sometimes women are put in uncomfortable situations and they try to sort of just deal witness, you know, they try to sort of put on a smile and deal witness, because she was looking for a job, you know, she is going to play the game to try to get the job, and then obviously according to her he took it too far. >> i think if there is any teachable moment in this, and we never talk about it is that women shouldn't put themselves tph-s these situations. look, he's a married man. what is she doing? what is he doing going out to dinner, going for drinks, going back to his office, why are they in the car taogt? yo together? i think people have to be much more careful in these situations. that doesn't justify his behavior if he did this. these not what i'm saying. i think if something does happen you need to let it be known tefplt otherwise it puts us in a position where we really don't know what happened and it's not

inconceivable that somebody would make something up. megyn: we can't recreate the events all these years late. that's the problem for cain, whether it's true or not. it's getting more attention because she is the fourth of four to make reports. how can we know now so much tomorrow has passed, it's so much more helpful if you have a contemporaneous report. >> i'll go back to kristen's point. if she described a sexual assault why wasn't this brought out. i understand the embarrassment factor, there are women who say coming out of that, how do i deal with it? but something doesn't add up. so i look at it forensic lee megyn, put it all out in the open, if you upgraded her hotel put that record out. my suggestion to her and cain is, if you are what you said, having never sexually assaulted a woman, since it's not an admissibility issue into court have a lie detector challenge. megyn: oh, boy. >> go to her,. megyn: he can kiss his presidential candidates goodbye

if he has a lie detector test with this woman. >> here is my point, megyn it's about challenging for the truth not necessarily attacking her. don't go out and attack her and talk about her financial problems. megyn: he has to come out and say it's false or it's not false as she claims it is. if he said after doing this to her, the actions you described, you want a job, right, i mean that is blatant quid pro quo sexual harassment. if he did that to this woman th-s its. you can't be the president of the united states if you did in a. >> no, he'd absolutely be finished, an should be finished and it's despicable behavior if it in fact happened. like i said it's very difficult in these situations. even the idea people will say, well other people said things, other people said things that actually honestly some of them don't add up either, you know, and so you start to say like, oh, so now is this what we do we just have people come out and make accusations and never really know. megyn: i need a quick answer on this. by the way there was paula

jones, maybe you can be president after you do that. there is a report today that a fifth accusor comes out and says, he stiffed me with the bill at dinner. how far can you take this? >> that is the problem. america is becoming inch objecting ooh lated to this. we've had foley, clinton, kennedy and many more. how many of these things -- trite as -- let's get all the records out, let's get the nra records out about the earlier accusers, they've opened up the idea of taking off the penalty. let's put this all out there and how cain handles this is going to affect what happens down the line. it will affect his favor pweults, his untpaeufrblability. he has to handle this. megyn: he will at 5:00pm today. we have obtained a copy of a controversial report on iran's nuclear weapons program and it hats has some dramatic

evidence. we hope to have that for you in ten minutes right here in a live report. new questions today about what happened at an occupy d.c. process friday night. someondid someone in this group push this woman down? we will investigate. and right after this break, baby lisa, with alec.

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megyn: update on the investigation in the missing baby of lisa irwin. megan wright came forward last week saying that police told her that son using baby lisa's mother cellphone tried to call miss wright on the night baby lisa went missing. she said there were seven other people in the house and she didn't have the cellphone that night. another person is coming forward with disturbing facts about that. judge alex ferrer is here. we spoke with another member of

the household. he said number one it's not true. she said somebody else had her cellphone at this time. that's not true it wasn't one of these housemates. number two he says it's a drug house, a meth house and this woman has been seen many times taking meth. it is an allegation. we haven't been able to reach her so she can confirm or deny. it is an allegation coming from another house mate and it's one we've heard from other sources on the ground in kansas city. you tell me what does it mean when the police, the police say that deborah bradley's phone attempted to contact this woman in this so-called flophouse meth house, what have you on the night the baby went missing. >> well, you know, as you know megyn that was suspicious to begin w. the phone call apparently about 8, 8:30 when lisa's mother was supposedly pounding drinks on the porch with her neighbor. during the gap of time during which baby lisa could have disappeared. megyn: i want to caution you and our viewers we are not sure about the timing on that. we are not sure. it could have been later in the evening. go ahead. >> okay. the initial report was somewhere around 8, 8:30, but you're right

that could be wrong. but the bottom line is a call from lisa's phone to this woman who she claims she doesn't know, highly suspicious. the woman claiming she never took the call even though the call lasted 50 seconds, highly suspicious. the fact that the woman's boyfriend is jersey, a hand deman in the neighborhood who was seen around lisa's house that night. highly suspicious. now her claiming that all the people in the house share her phone as some kind of explanation for why a call could have lasted 50 seconds even though she spoke to nobody and then the occupants of the house coming forward and saying, that is a flat out lie, her and her boyfriend just made it to the top of the suspect list. megyn: the other side of this is, if in fact let's say it was deborah bradley who place thed phone call or attempted to place this phone call. we don't know if the phone call went through. the phone records could show just an attempt that was 50 seconds maybe she tried to get through, maybe she got a voice mail, maybe it just rang and rang and rang and the attempt took 50 seconds, we don't know. but why would deborah bradley be trying to call this woman in

this meth house? >> well, i mean, you know, being suspicious by nature as an excop the obvious answer to that is maybe she is involved in some way the way that deborah bradley can eliminate that is what you and i have been saying for day one. she need to sit down with the police, let them interview her and let them interview her children, that gets her completely out of the picture. there is no reason for her not to. at the beginning she could say i was badgered by the police i don't feel safe being interviewed by them. now you have a lawyer, that lawyer will go in and sit with you. you're going to answer the questions and if they become aggressive, if they become accusatory over the top the lawyer is going to stop the interview. so why not sit down and do it? because probably the lawyer is saying, this is not in your best interests to do. why aren't your children doing it, these it. megyn: the information could cast doubt on both theories, because you could have deborah bradley there, drug seeking or connected to reported drug eyes are, we can't confirm that they are, it's just an allegation by those in the house, or it could

be more evidence that this so-called guy jersey may be got into the house, maybe got the phone and maybe decided to call his ex-girlfriend megan wright on that very night in question. >> it's a variety of options. but neither one of them is good for megan wright or jersey. the bottom line is it ties them in closer to bradley, to bradley and her daughter, or -- either in a drug scenario, or missing child scenario, or in some way, shape or form. none of it is good, but it certainly makes them the top suspects at this point. megyn: yeah, you've you've go you've got some ask yourself, why would megan wright say she didn't have her phone, when the roommate said, of course we did, we didn't share phones. why would she say it's a shared phone if it wasn't. >> suspicious behavior, the same as the mom, it makes you wonder what is going on behind the

scenes. megyn: we are no closer to answer answers today. >> i think we are closer. megyn: i hope you're right. joe paterno canceled a press conference, the heat is being turned up and the lead investigator is here. a video

that is going viral online. it shows an older woman who fell or was knocked to the ground during a rowdy occupy d.c. protest on last friday night. you can clearly see there is a scuffle but you can't really make out how the woman ended up on the sidewalk. trace gallagher picks up the story now. trace. >> reporter: and there is no question at all, megyn the occupy d.c. protesters are in fact getting more violent. we have the video to show you that. there is a very big question as to whether or not they assaulted that 78-year-old conservative woman. i'm going to show you this video and you can see this. this is outside the d.c.

convention center. you've got the occupy d.c. protestors outside, they are clearly block being the entrances. inside americans for prosperity is a conservative group holding their conference, right? they said they felt unsafe, they called 911 a number of times, they called police. now i want to go back because you've got a 70-year-old delores broderson, you can see her in the red jacket. the camera swings away. the next time it goes back you see her on the ground there. she was doing down the steps, that much we know. we do not know if somebody pushed her or if she simply just fell. in fact you can see there is an occupy d.c. medic who is actually helping her. not even broderson knows how she fell down the stairs. she said, quote, all of a sudden somebody broke through the human chain of people and i went falling down the stairs. i don't know if i was pushed or if i fell because of everything going on around me but i couldn't stop myself, i went

down. either way the cops had had enough. the d.c. cops now releasing a statement saying, and again i'm quoting, five people that we are aware of were injured, that is no longer a peaceful protest. demonstrators have become increasingly confrontational and violent toward uninvolved bystanders and motorists and d.c. police are vowing to become very vigilant, much more vigilant against these occupy d.c. protestors. very unclear if she fell or if she was pushed and it's a big difference, megyn. megyn: trace, thank you. breaking news next on a new nuclear threat. fox news has oblte obtained a copy of a controversial report due out tomorrow on iran's nuclear program. if has been making news all week. now we've got it. three minutes to the details. a big vote today that could have big consess tomorrow. mississippi deciding whether life begins upon fertilization of an egg. not even implantation but

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megyn: fox news alert. new details just in on iran standing at the brink of having a nuclear weapon. we are getting new details about the u.n.'s report on iran's nuclear ambitions. the report is set to be released tomorrow. we are learning about the secret nuclear work the rogue nation has done when it comes to developing a nuclear weapon, including one that could be fifthed onto the end of a missile. >> reporter: it's a dense report and it just leaked out. it's saying iran has conducted experiments that can only mean it's working on a nuclear weapon

and i gathered a to do so. it's apparently got a design for a war head that could fit onto a missile iran has in its arsenal. it has done explosives testing. it has prepared the ground to do nuclear testing down the road. it goes into details about the clandestine procurement networks. it really has an awful lot of detail. some of it not all together new. some of it corroborating what has already been in the iaea's arsenal of information. i think what's important is that the iaea says it's getting this information from so many different intelligent sources that it make its case stronger and stronger and it does give a strong warning to those people who want to negotiate with iran.

if it's not answering questions about this possible military dimension of its program, then the issue of enriching uranium is almost a moot point. answers are being demanded about this nuclear weapons work. it says it's collecting all the information it needs to do so and has a lot of technology, megyn. megyn: we have been detailing reports about how israel has been considering military action. president obama may have just driven a major wedge between us and our closest ally in the middle east. he was having a private conversation with french president sarkozy. sarkozy saying i can't stand him anymore. he's a liar. president obama respond you may be sick of him, but i have to deal with him every day. leland vittert live from

jerusalem with this. >> reporter: the timing on this could not be any worse as israel and the united states have been discussing the possibility of a strike on the iranian nuclear program. you would think they would be trying to have the most honest and frank conversations they could. but that doesn't seem to be the case based on what president obama told the french prime minister what he feels about netanyahu. they have not had the warmest relationship of all times. but these talks at g20 summit and what was supposed to be a private conversation doesn't make those icy relationships any warmer. this comes at a time when israel is increasingly isolated around the world. the french and europeans have been critical of israel building more settlements on the west bank. you have the peace talks that have broken down with the palestinians. israel's ambassador to turkey

and israel's relationship to egypt has been kicked out. this public kind of trash talking even though it was supposed to be off the record is embarrassing to israel. it comes as a time when the israelis were having a visit with the german chancellor. she canceled saying she didn't want to meet with prime minister netanyahu. it could be things get worse between jerusalem and washington. the prime minister's office are not giving any goodwill to the americans. they said simply, we have no comment. megyn: lee land mentioned how this there have been bumps in the road for this president in his relationship with israel. march of last year the president reportedly walked out of a meeting with israeli prime minister benjamin netanyahu.

susan rice was critical of the same settlement building in high-profile remarks at the u.n. and last may president obama created a stir when he called for an independent palestinian state based on the 1967 israeli borders. it's election day across the country and some brand-new insights into how voters may be feeling as they go to the polls today. a rasmussen reports poll shows 40% of those surveys say they are quote very angry at the current policies of the federal government. 32% say they are at least somewhat angry. the rest mostly in their happy place. scott rasmussen is an independent pollster and president of rasmussen reports.com. what are they so mad about? >> people are always sceptical about government and politics and politicians.

when things are good, they look at politics as good for a laugh. when things are going back, we have had four years straight of tough economic news, that humor doesn't cut it anymore. people get angry. they look at jobs situation. they look at the economy. they look at deficits and say these people aren't listening to reason. they are not following a rational path. megyn: it's not just angry. it's very angry. think about your own life in the course of a week or month. how many times would you count yourself as being very angry? it's not a good way to live. yet you have 40% saying they feel that way about the current policies, and 62% saying they are very angry at congress. >> democrats more angry at congress than they are at the federal government in general. republicans in the other direction. you have to remember the scepticism by a 3-1 margin the american people believe no matter how bad something is,

congress can make it worse. but in the current context we are seeing anger that has been boiling over. last time government spending went down in america was 1954. politicians have been promising to cut spending ever since then and it hasn't happened. megyn: let me ask you about this, the heartfelt feeling. very, very, very angry, whether it's the banks, congress or the current policies of the federal government. what does that mean in terms of voting day november 2012. that people are entrenched in their positions? >> it means there is an intense problem for incumbent politicians. right now it is a little more directed at the democrats because they are the party in power. they control the white house and one branch of congress. but it's bad news for anybody seeking to run for reelection. and people are set in stone in

their attitudes. the number who strongly disapprove of president obama has been over the 40% mark consistently for a number of years. er in not budging. megyn: thank you, sir. one issue that made a lot of people angry and divided many voters may be headed to the u.s. supreme court. a u.s. appeals court in d.c. today upheld part of the president's healthcare overhaul as constitutional. the appellate court dismissing a lawsuit filed by a christian legal group which claims the law violates religious freedom because it requires all americans to get health insurance. of course, this constitutional -- this healthcare law has been the subject of numerous legal challenges, and is indeed expected to head up to the u.s. supreme court. new signs of maybe some progress

from the congressional super committee. the panel charged with slashing 1.2 trillion dollars from the federal debt meeting in small groups within considering a number of options. one of them a new plan that would include revenue hikes, but it's unclear whether that means tax hikes, and it's unclear whether they are going to meet this looming thanksgiving deadline. mike emanuel live on capitol hill. i love that people find promise in the fact there have been more meetings and they are smaller. >> reporter: exactly, megyn. democrats seem cool to the latest offering from the republicans on the super committee. the republicans argue you can raise $300 million in revenue if you modify the tax code, lower the rates and close up some of the deductions a lot of people make their taxes. but the democrats seem cool to that. the co-chair patty murray says there has to be real tax revenue

to get to a decision. john kerry expressed a bit of optimism but a lot of the democratic aides seem pessimistic. one telling fox what a lot of republicans consider ref knew of is not what we consider revenue. a key negotiator acknowledged the november 23 deadline out there and offered this assessment earlier today. >> it many late in the game, but it's not too late and we are working hard to try to reach an agreement. if we can reach a good agreement that would be better than the sequestration. >> reporter: that means the automatic cuts that would go in if the super committee fails. half domestic spending, half defense spending. white house aides say the president believes the law makers should take a balanced approach to long term and medium term deficit and debt reduction. today new york city mayor

michael bloomberg says mr. barack obama deserves credit for pushing the deficit reduction plan but suggested the president should be more involved now. >> the executive branch must do more than present a plan to the committee then step aside and hope the members take action. that's not how any ceo would run a business. >> reporter: both parties seem to be in their respective corners. you have got 12, 6 and 6 on each side. so it takes more than 6 republicans liking a plan or 6 democrats liking a plan. you need buy-in from the other side which is why people have been pes miss africa this whole process. megyn: a few hours from now mississippi could be the first state to say that life begins at

fertilization. a coach charged with sexually abusing young boys he met through his charity. we'll speak with the lead investigator on the case after this break about the claims by these administrators that they did enough. with 34 gop lawmakers calling for him to resign. attorney general eric holder today grilled about operation "operation fast & furious." did he put the questions to rest or dig the whole deeper? >> there are 115,000 employees in the yates department -- in the united states department of justice. i cannot be expected to know deal tails of every popration that is ongoing in the justice department on a day-to-day basis. i did not know about "operation fast & furious" as was indicate in the charts you have up there until well, until it became public. [ male announcer ] tom's discovering that living healthy can be fun.

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megyn: a wild stunt on a new york bridge snarling traffic for hours. a man damaging for three hours from the bridge before plunging into the river below. he says he did it to protest his local lawmakers. he says this was the only way he could get anyone to pay attention to him. police say he has been pestering politicians since was fired from his substance abuse counseling job three years ago believing he was let go because of some sort of coverup.

allegations of child abuse. penn state university allegedly discussion an exit strategy for their head coach joe paterno. this as the school struggles to contain a runaway scandal involving horrific allegations of abiewferls little boys. jerry sandusky once considered an heir to paterno, now there are questions about what officials at this university did or did not do to put an end to this. frank noonan is the police commissioner. he's leading this investigation. you said you have never seen anything like the alleged sexual

abuse allegation in this case and you want to know why the police were not called because there was a grad student who saw sandusky, he says, abusing a little boy in the shower in 2003 and he reported it to paterno. paterno sold school administrators, but no one called the cops. >> that's correct, megyn. no one did call police. what concerns me about this case that we can show it went on for apparently 15 years, there were certain points in this when it could have come to the police attention or did come to police attention. but nothing was able to be done. so the laws of the state of pennsylvania i believe by the grad student and joe paterno were followed. mr. curly and shultz were charged. but with not reporting to it law enforcement authorities.

this went on for a long time. megyn: you you are a grad student who saw the incident in the shower. he's so disturbed he tells his far it. his far it says tell paterno. he goes to paterno's home an tells paterno. paterno talks to the athletic director. he's now under arrest. he tells mr. curly the graduate assistant had seen and dozen -- had seen sandusky in the hour fonding or doing something to the little boif a -- boy of a sexual nature. then you have that athletic director going before the grand jury saying well, i wasn't really told by the graduate assistant there was any sexual conduct in the showers. >> not that he recalled. that resulted in him being

charged with perjury and failure to report. megyn: the same thing with this other guy gary shultz house vice president. you have got the graduate going going to paterno at his house. he says i understand there is no legal obligation. he was retired. he's no longer the guy's boss. but in your view does paterno have some sort of moral obligation to do more than pass its off on his colleague? >> i don't want to criticize joe paterno. but any human being who had this information, you have an obligation to call the police. it's not a legal requirement. but i think any human being would agree that this is something you should do. this is why these types of activities can continue for so

long because people look the other way. megyn: this was '03. the abuse according to the attorney general went on until '09. i want to ask whether you think -- why these guys didn't. the grand jury believes the athletic director and the university vice president lied to the grand jury. >> why they did these things i can't tell you because that's what's in their mind i don't know. but what their actions are speak louder than words. megyn: the authorities are still looking for little boys who may have been abused in this case and they need to know they are not to blame, that they are victims, and that's how they will be perceived as victims who deserve some help and are courageous for coming forward. we hope that that is a short list. commissioner thank you for all your good work. all three men involved.

sandusky and the other two maintain their innocence. a wisconsin teacher taking kids where you tell me, should they have been? [ male annouer ] juice drink too watery? ♪ feel the power my young friend. mmm! [ male announcer ] for unsurpassed fru and veggie nutrition... v8 v-fusion. could've had a v8. but when they come home, they don't want a parade; they want a job. the postal service employs more veterans than any other civilian employer. but congress is debating a bill that would force the postal service to fire tens of thousands of vets, close post offices, shut mail processing plants, and disrupt mail delivery. drastic cuts won't fix the postal service

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megyn: remember the protests at wisconsin state capitol? it turns out there were fifth graders it's a field trip some wisconsin leaders are calling despicable. trace gallagher has more. >> reporter: these protests have been going on at the capital for nine months. these 4th graders went to the capitol for a field trip. you can see them in the capitol

rotunda, listening to these solidarity singers. at first the kid were in the background kind of listening to the song. you are either with the workers or with the billionaires. then you will see one of the protesters seen talking with the 4th grade teacher. they talk for a while. the protester then goes and talks with the leader of the solidarity singers. and the next thing you know, the kids are led out into the rotunda and the kids begin singing with the solidarity singers. listen to this. ♪ >> reporter: it was kind of blurry at top.

but they were singing a song against the governor scott walker. the school superintendent didn't want to seat video. he said he had no problem with the kids joining in there. well 22 days later when the video did surface, a lot of parents were outraged. listen. >> it would be my right to take my child down there and protest. but for the teachers to have allowed the children to join in is wrong. >> i'm sure they knew what was going on. they chose to let the kids join in. >> reporter: after first review the school district decided it might not have been the best choice of the 4th grade teacher. he was give and reprimand and a letter was put into his official file. the 4th graders will not be going back to join the protest anytime soon. megyn: back in my day our field trip was to pick the fall leaves. >> reporter: we went to milk

cows. we didn't sing. but we milked. megyn: we went offsite to bowl for gym. that counted as gym in my public school. >> reporter: know and californians are different. you guys are lucky. megyn: that's why i can now break 100 when i bowl. trace, thank you. we have breaking news next on a scandal at dover air base involving the handling of servicemen killed on the battlefield. attorney general eric holder is in the spotlight facing fire from senate republicans over what he knew and when about the failed gun running scheme operation fast and furious. should he step down over the scandal and where was the apology to brian terry's family? we'll have a fair and balanced debright next. >> have you apologized to the family of brian terry. >> i have not apologized to them

but i certainly regret what happened. >> have you talked to hem? >> i have not.

megyn: developing stories coming back from our d.c. bureau. federal investigators say they have discovered gross mismanagement at the dover mortuary that cares for our war

dead. >> reporter: there were four pilots and a marine and army private who were killed by ieds. from that crash or explosion it's difficult to recover all the remains and not all the remains were recovered at the time due to the catastrophic nature of the injuries. the bodies were sent back to dover but some of the remains were not sent back to dover until later when they were recovered after the bodies had been sent back. that has become the subject of this disciplinary action. what happened here, and it's difficult to talk about in detail because it is gruesome. but in one case the family of a marine, for instance, they wanted to see him in full uniform. those in charge had to do some things to get the remains in the uniform that the family was not told about.

that is -- seems to be the crux of the problem. the families were not notified there were additional remains that came back and how they were handled. all the families have now been notified. there was a year-long investigation and there will be an independent investigation are you the former surgeon general. that investigation will review and assess corrective measures already taken and make recommendations for the future. when the air force learned about this officials did interviews with 50 professionals in the mortuary field about proper practices, searching for the correct thing to do. all that has taken place and today we have a statement from secretary by -- secretary panetta, saying he, aware of the disreply nary actions and the steps taken to strengthen oversight and management of our mortuary operations.

the bodies were returned to their families, they were interred. this is about other remains recovered after these catastrophic injuries in both the plane crash and i.e.d. explosions. megyn: attorney general eric holder taking heat from senate lawmakers over the failed gun running operation known as "operation fast & furious" that put guns in the handing of mexican drug lords while we stat by and watched. one of those guns found at the scene of the shooting of border agent brian terry. the committee is trying to get to the bottom of whether attorney general eric holder misled congress. >> when did you first learn the operational tactics being used in "operation fast & furious" and what did you do about it? >> i first learned about the tactics and the phrase

"operation fast & furious" the beginning of this year i think when it became a matter of public controversy. in my testimony before the house committee, i did say a few weeks. i probably could have said a couple of months. i don't think what i said in terms of using the term a few weeks was inaccurate based on what happened. megyn: julian epstein is a democratic campaign consultant. welcome back. we debate this issue when he first gave that testimony saying i only learned about it a few weeks ago back in april. you had some republicans saying that was a lie. and we debated whether we should believe eric holder. now you have him saying it was more like a few months. >> he admitted that he knew months before. and but -- the caveat was he

said he admitted it to the senate when asked about it in his statement the response to senator leahy. megyn: why is it relevant? >> under the previous time frame it was outray just that the attorney general didn't know this major project was going on until two weeks before it blew up on the national scene. then he tried to say weeks, months, what's the difference. when you testify before congress tell the truth at the outset and you avoid this. the damage has been done. how significant that damage will be we'll see in the weeks ahead. he clearly knew of he had to correct the record because he made a big misstatement. you can call it whatever you want, but the statement he made previously was wrong. megyn: he made an admission about -- grassy was upset because in january of 2011 he gave up eric holder documents

generated from this operation. holder wrote back to him in february and sit am not happening, it's not true, we don't do it. grassley has been upset ever since. he asked hold birth and holder said, yeah, we answered the best we could at the time, about it turns out what we wrote in that letter was also not accurate. how many inaccuracies does he get? >> again i think jay's point and i take your point. but i think it misses the big picture. this is a program that started under the bush administration. when eric holder fowrnld out about the guns walking he stopped the policy. he called for the interest investigation and he removed -- he saw that officials involved in this in the phoenix office and u.s. attorney were removed from their office. as to this distinction megyn: they weren't fired. they still have jobs with the federal government. >> but they were removed from their position of responsibility. and the u.s. attorney resigned.

as to the point about the discrepancy between a couple weeks and a couple months. he was asked in april when he learned about it. he learned about it the end of january, beginning of february. when all the questions had been going back. i think what he was saying he just learned about this at the time he called for an independent investigation which was at the end of february. 8 weeks, a couple months. what you are doing there is parsing words and looking for gotcha moment. there is no significance to his answer whether -- megyn: i want to get this point in as well. eric holder spoke to the fact that -- john cornyn, a republican from texas questioned him. why didn't you know? you are the head guy. why didn't you know? wasn't it your responsibility to know? here is eric holder's response. >> there are 115,000 employees in the united states department

of justice >> and the buck stops with you >> i have ultimate responsibility for that which happens in the department. but i cannot be expected to know the details of every operation ongoing the justice department on a day-to-day basis. i did not know about "operation fast & furious" as indicated in the chart you now have up there until i guess -- well, until it became public. megyn: is that a fair point? >> i tell what you the problem is. this is a mea culpa that the attorney general entered into. and the time line still doesn't make any sense. he's the attorney general of the united states. this was a big operation and he should have known what was going on. senator cornyn asked if he apologized to the border agent who was killed. he said he has had no contact with the family. regardless of when it started the fact of the matter is,

whoever created it, it was ill performed in its execution and the attorney general still won't take responsibility for this. he needs to say this was a lousy program executed under my watch. we shouldn't have don't. i apologize to congress for giving incorrect dates and sending a letter that was incorrect. he put this in written to senator grassley and it was completely inaccurate. how many inaccuracies do we have here until you finally say enough? that's the question the congressmen opposing the attorney general, that the question they are asking themselves. how much rope do you give before you say enough. >> there are three points. first of it's unreasonable to expect he co-would know the details of thousands of investigation. secondly with respect to the question about the inaccuracy in the grassley letter. what he said the end of january is it's the policy we'll not

allow guns to run and we'll not do that. the implication is going forward -- was the person who sit was incorrect and he was the person to stop this policy from moving forward. but it started under the bush administration. i think it third point on the apology is, i kind of take exception to the implication that eric holder who i have know and a lot of people around town who know him would say, the implication he is somehow uncare being this, there is nothing that is farther from the truth. he could have made it -- megyn: let julian go. >> the matter is under investigation. i expect at conclusion of this eric holder will have a full conversation. i think an apology is due to the family. now that you and megyn responded to the fact if you want to hold eric holder, why aren't you

holding the bush administration. megyn: i have to say, i'm asking the tough questions. thanks to boampt you. we'll be right back. no? okay. we have time. sorry, guys. very confused about the time. coming up, it is the size of an aircraft carrier and it's traveling at 29,000-mile-an-hour. what you might see if you look up at the moon tonight. mississippi could be the first state to declare life begins at for thelization. we call that hertz gold plus rewards. you earn free days, free weeks and more fast. that's a plus. upgrade your ride. that's a plus. rewards with no blackout dates so you can redeem anytime. and it's easy to redeem your points online. already a gold member ? just select gold plus rewards in your profile

and start rewarding yourself now. just go to hertzgoldplusrewards.com to join. hertz gold plus rewards. journey on. for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america for the last 71 years.

megyn: defining human life at the ballot box. voters in mississippi deciding on proposition 26 known as the personhood amendment. in addition to the state constitution that would declare

that life begins at fertilization, it would ban all abortions. but much, much more potentially. now critics and supporters are wondering how this would change life in mississippi tomorrow if it is passed today. joining me now mercedes colwin and joey jackson. the question is should the term person be defined to include every human being from the moment of fertilization, cloning or the equivalent thereof. as soon as the sperm penetrates the egg. that embryo is a person that has full rights under the constitution. mercedes what as a practical matter would that do? >> it's so problematic. even the doctors in mississippi are saying we have two life-saving procedures at risk.

women with ectopic presenting man is won't be able to have that removed. or where it becomes a tumor and have to be removed. those are life-threatening to women. doctors are saying now we can't do that. what else would we ban? certain times of birth control would be band. megyn: -- the i.u.d. prevents a fertilized egg from i am flajt flajt -- from implanting in the uterine wall. >> there is a two-week window from fertilization to implantation. now she may be facing a criminal charge of endangering a minor because it's a person? megyn: they are talking about whether this amendment is clear

on whether an abortion would be allowed to save the life of a mother. that hasn't been as controversial even among pro lifers and pro-choicers. the health of the mother has been controversial. but to save the life of the mother? that makes no sense. if you don't save the life of the mother the little embryo is going to die, too. >> there is no question this would be proper mat nickel respects. but legislators will do what they always do. mississippi has states rights and they can do what the voters decide. interestingly it's split down the middle with half the population wanting it, half not. we'll see at end of the day what end upping. megyn: take -- i now it's divide, we are talking legally, how will they enforce this? it will ban all i.v.f. presenting man is. when the egg and unite and they i am plant it in the mother. the embryo in the petri dish,

they all have constitutional rights. >> what i think would happen is there would be a task force. and in every law there are exceptions to every rule. so of course i don't see that people who are pregnant -- the baby can't vote. i don't think they would be considered for redistricting purposes. megyn: that's one of the questions they are asking. do you count the week-old embryo inside the mother as a resident of that city for purposes of redistricting? are you kidding me? >> that's the absurdity of the law. frankly enforcing this law would be almost impossible. the 2-woke window when you don't even know if you are pregnant. it will affect the politics and medical care. it will affect birth control measures. megyn: john roberts reported

earlier this could pass. it's close. and i want to talk about as a practical matter right after the break how this would set up other states who are anti-abortion with their legislation next. ,

megyn: if this passes in mississippi as a constitution agricultural amendment, is it -- as a constitutional amendment, is it likely to be passed in other states as well? >> other states are looking at this particular proposal. florida is one of them. there will certainly be a lot of legal challenges. many are saying it will go up to the u.s. supreme court to challenge roe versus wade. megyn: how do you get up to the supreme court on this? >> there will be other states

that follow suit that may think this is an idea they can put forth with the voters and if the voters pass it you deal with the enforcement issues. this implicates the most basic constitutional right, right to privacy. megyn: the state supreme courts are the a -- are the arbiters of the state constitution. >> thought it's a state issue, ultimately it would go to the united states supreme court because its affects -- megyn: will people be able to challenge this for vagueness? whether you are for or against this law, it's vague. can it be challenges even thought it's a constitutional amendment on vague news grounds? >> it can be challenges saying it is unconstitutional to the

federal rights given to folks under roe versus wade which said life began at the third trimester. so they can bring that case under that. megyn: is this the wave of the future. folks who have not been able to get satisfaction at the federal level? >> i see it. you could amall jiets it to d you could analogize it to immigration. every state is a sovereignty. megyn: let's say this gets passed tomorrow. with a legal challenge to postpone it -- >> they will go to court right away to talk about vagueness. megyn: it will never kick in until it's ultimately resolved. we have a "kelly's court"

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