white house hopefuls as they fight for survival with the first caucus just weeks away. what is at stake tonight for the seven men and one woman hoping to beat president obama in 2012? bret baier live in washington with more on this. and bret that headline from politico captures it rather way, gop debates enter elimination round. it's not so much about one winner emerging tonight, it's about who could potentially leave the race after tonight's debate and the ones that are about to come up. >> reporter: sure megyn, it's a different dynamic now, you enter a time where gop voters primarily have a sense of where the candidates are, where they stand on the issues. they may not have all the specifics down to their specific web sites, but think ofee don thinbut they've done some homework. they've see one debate, probably. there's one a number of viewers, millions and millions who have tkaoupbd into all these debates

and we've been having them in succession. we are having a debate tonight. our next fox debate is in seiu city, iowa on december 15th. this is the time in which the winnowing process begins. megyn: who has the most to lose. we've been watching among others rick perry in each of these debates and they have not been good for his campaign. his campaign has ticked up a two notches as he has gone with ads on the airways. >> reporter: he needs to have another performance in which he steps up. the last one arguably his supporters will say he performed well and he got on the board, and he was aggressive, but he'll have to have a performance that people come away saying, this guy has changed my opinion of him, at least in iowa, because he's looking to pick up possibly voters who may be leaving herman cain. again, we haven't seen that yet in the polls, but as these

stories continue, and as his campaign has had to deal with all these allegations, the tkpwoeg bet and analysis is that eventually that will show up in the polls. so far it hasn't. perry is one of the candidates that could pick up steam. megyn: this debate was supposed to focus on the economy. now they will address the issues of the accusers against cain, bret. the other candidates have been really loathe to comment on this. they don't want to get down into this mix. do you think that they will be forced to? >> reporter: i don't know how they going to structure the questions, whether they are just going to ask herman cain to deal witness, or how they are going to address it in the debate itself, but it obviously will be a topic because it sucked up so much oxygen in the coverage of this race. you know, the other person who really needs to have a big night is michelle bachmann, because her polls in iowa after winning

the a.m.' the ames straw poll have been soft. and while they say she is doing well on the ground and with supporters that is not showing up even in the des moines register poll in iowa. megyn: i will ask her about that when she joins me live in one hour. herman cain facing new pressure from the sexual harassment over shadowing his campaign in recent days. just hours he shot down claims of sexual harassment with regard to these women, one says she wants to hold a news one fence with all of the people involved in the accusations. that client is karen karen kraushaar. this woman along with sharon

bialek, so far the only two women make thaeurg identitie their identities known. we will investigate this at the pwofplt hour. we are tracking a big story involving a new report involving iran's nuclear program. inspectors found evidence that the islamic republican is on the brink of building a nuclear war head. russia now criticizing that report saying it provides, quote no fundamentally new information on iranian nukes. amy kellogg live with the latest here. >> reporter: there are even some people in the west that are saying there is nothing new in this report and it doesn't amount to a smoking gun. but the top experts are saying that the facts laid out, taken collectively give a very compelling picture. now you have to bear in mind that russia and china have business interests in iran which may be motivating some of their statements.

even before this report came out, megyn, they were saying that they were against the release of so much information, they were against tighter new sanctions, and at a conference in russia just days ago prime minister putin was heard saying something to the iranian foreign minister about sticking up to arrogant powers. those who want something to be done and quickly about stopping iran's progress towards either building a bomb or just having the capacity to do so, such as western countries and israel are discussing how best to up the pressure. sanctions have really hurt iran but have not stopped its spinning it's centrifuges. there are ways to tighten up the sanctions in place, the sanctions that would stop iran dead in its traction would involve embargoing its oil and that could backfire on oil needing nations. it could lead to a war and might make israel more isolated than ever before. the question today remains what

exactly should be done. a lot of people are talking about how cyber warfare looks like it might be a way to go forward, iran pushing the west into a cold war, as more and more nations come on board with concerns about what eye rains up to santabout what iran's up to sabotage may become more bold. megyn: there is new fallout from eric holder's testimony on fast and furious, the botched gun running sting that led to guns ending up in the hands of the bad guys and drug cartels and reportedly led to the death of one border control agent, brian terry. mr. holder was grilled yesterday about his knowledge of this program, and whether he had ever apologized to the family of that border patrol agent, brian terry.

here was holder's response. >> 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: general holder twice asked if he had apologized. as you just heard he did not. next hour, we expect to be joined by brian terry's brother, and a close family friend of the terries, about what the attorney general said and did not say on capitol hill yesterday. fox news alert, stunning new details on the events from the night baby lisa disappeared in missouri. a source close to the case now confirming exclusively to america live a major change to the timeline on the night baby lisa went missing. it has to do with a bizarre phone call that was made or attempted from the cellphone of lisa's mom, deborah bradley to a woman made megan wright on the night in question. miss wright has been claiming publicly that the call was made

at 8:30 p.m. to her phone. now "america live" learning that call was in fact placed much later that night, at 11:57 p.m., just hours before baby lisa was discovered missing. trace gallagher reports now from the breaking news desk. trace. >> reporter: and remember that is the breaking news, megyn because the timeline here is so crucial you have to remember that time, 11:57pm on the night in question, because megan wright, who her roommates say that she is a drug user and that she is a liar, megan wright is the one who has publicly said now she believes the phone call came in between 8 and 8:30 but that she never got that phone call because she didn't have her phone, that the phone was shared among her seven roommates. the roommates say that is a lie, they all had their own phones and didn't share. but listen now to megan wright talking about that phone call. >> apparently there was a 50 second phone call made from one of the family's phones to my

cellphone. that 50 seconds in length i don't know what was said or who called or who answered my phone. >> reporter: doesn't know any of that thing. look at the timeline here. i want to lay it out for you. deb bradley tolls you between five and ten glasses of wine later she went to bed at 10:30 p.m. now we know the call came at 11:57 from deb bradley's phone. at 12:15 p.m. a neighbor sees a bald man with a baby, the handyman, a man called jersey, right, exactly, man called jersey, he's the handyman who has been seen in the irwin neighborhood, many, many times, allegedly a drug eyes are. he is bald, you see him there in court. we just talked to cops. cops say he has a little hair in the back but bald on the top, right? cops also say they have questioned jersey and they have moved on from jersey, right? now let's go back to that phone call. deb bradley says her phone was only on partial service, she could only get incoming texts

and incoming calls. here is her talking to you about the phone, megyn, listen. >> when your phone is restricted you cannot make outgoing calls or send outgoing texts, it has to be sent to you, and then the way of telling you, pay your bills. >> reporter: so we just called verizon to check this out and in fact they do have something called partial service. you can only get incoming texts and incoming calls. if you try to make an outgoing call when you're service has been cut the number is rerouted, the recipient doesn't get it, it goes right to the customer care unit and customer care picks up the phone call, but customer care would also have a full record of the phone number called and the length of the call. that's crucial as this investigation plays out, because if the record was from her phone, a call was made at 11:57 which the record shows it would go directly to customer care and

verizon would have the exact details about that phone call. megyn: verizon would know. even if it doesn't appear on the bill verizon would know that a call was attempted and you can assume that the feds would know as well by this point. trace gallagher thank you. >> reporter: okay. megyn: this is significant, folks. this changes a lot in this investigation. coming up this hour former l.a.p.d. homicide detective mark fuhrman joins me live with these thoughts on these major changes to the timeline. could they help support the intruder theory or do they point more toward the other theory which is that baby lisa's mother deborah bradley had something to do with her disappearance. that is coming up. new charges today in the high stakes battle between the justice department and the state of alabama over a new immigration law in that state. the federal department of justice asking schools in alabama to hand over attendance records and other records to prove that alabama's new immigration law is not keeping children out of the classroom. coming up, alabama's latest response and the increasing

legal fallout. customers at a fast-food restaurant in georgia getting a side order of shock. we'll show you why these folks looked so panicked, and a growing number of republican lawmakers calling for president obama to apologize for his remarks about israel's prime minister. up next ambassador john bolton on why the u.s. needs to be concerned about this. >> israel is under more pressure, and probably in more danger than they've been since the 67 war, and that kind of comment is not only not helpful but indicative of some of the policies towards israel that this administration has been part of. cessity. i find investments with e-trade's top 5 lists and use pre-defined screeners to work smarter. not harder. i depend on myself to take charge of my financial future. [ bell dinging ] how about the beat of a healthy heart? campbell's healthy request soup is delicious,

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megyn: check out this surveillance rid kwroe from a wild animal even counter at a fast foot restaurant in georgia. you can see customers standing around visibly frantic and scared. look at them running. trying to get out of the way moments before this happened. an adult deer, woe, charging through the front door, narrowly

missing customers watching a football game on sunday. luckily the deer escaped through the patio door. onlookers said the animal was in the restaurant for only 30 seconds. incredibly no one was hurt. president obama is today facing calls to apologize over remarks he made about israeli prime minister benjamin netanyahu. the president was over heard having this conversation with french president nicholas sarkozy during the g-20 summit. nicholas sarkozy said, quote i cannot bear him, meaning benjamin netanyahu. he is a liar. president obama responding with quote, you're fed up with him? i have to deal with him every day. now several republican congressmen, including michael graham and bob turner are demanding and apology. and those are not the only ones. john bolton is the former u.s. ambassador to the united nations. ambassador bolton why is this a big deal, fit is at all. >> two things, one it's very

unpresidential. you need to be careful in an open environment not just with an open mike, who might be standing near and what not. it's indiscreet behavior. this comment reflects exactly what president obama thinks about not only prime minister benjamin netanyahu but about the state of israel as well. it's a reflex of just how negative his attitude is about israel and its leadership jew don't think it was a piecing nicholas sarkozy who was the one who made the harsher comments, you think president obama shares the sentiment, but why? >> well i think that president obama shares the general european view that israel is the cause of the problem in the middle east and that if only you could make progress between israel and the palestinians that you could make progress on everything else in the middle east. i think that a tpha analysis is like looking through the wrong end of the telescope and we have a dramatic confrontation now between that view and the view

that actually it might be iran's nuclear weapons program that is the real issue. i don't think that is president obama's view. i think he and president nicholas sarkozy see the middle east the same way and they see the problem as israel. megyn: given that we're learning this week about eye r-pb and its nuclear program and the iaea report is there some reason for press t president obama to do something, to take back these remarks, temper them, because his critics are saying especially at a time like this we can't allow even a shade of sunlight to be shown to the outside world between the ooh knighted states and it's allay israel. >> i think a private apology to benjamin netanyahu. if in fact he could say look i was with sarbg r i didn't want to get in an argument with him or continue tkeubt him, but bear in mind i do have israel's interests at heart would be a good thing. more important would be the president of the united states acknowledging that after three

years his policy or lack thereof has utterly not slowed the quest for iran's weapons down. it shows why people have been concerned about just how close iran is getting. that is the problem in the region, not israel building apartment buildings in east jerusalem. megyn: has the president in your view been too tough on israel and too easy on the palestinians? >> yes, i think his vice that israel is the problem, it's israel's population of the west bank that has caused the confrontation between israel and the larger arab world. he said this really not only in his most recent speech, going back to his speech in september of 20009 to the united nations where he basically called on israel to give up all of the so-called occupied territories. and i think his tilt towards the palestinians has actually

hindered peace negotiations, because the palestinians thought the u.s. would put the thumb on the scale on their side. i think it was there misreading of president obama that led the palestinians to press for membership in the u.n. system and oo u.n. esco, leading to a funding cut off by the united states. i blame that on obama's poor handling of the overall situation. megyn: ambassador john bolton, thank you so much sir for being here. >> thank you. megyn: coming up minnesota congresswoman and presidential candidate michelle bachmann is also issuing a new call today for the president to apologize in this instance. coming up congresswoman bachmann joins us live to talk about that incident, and why she is calling the president's comments, quote, tragic. a bump in the road, or is the so-called super committee at a dead-end? democrats shooting down a republican proposal that actually included more revenues. a live report on that coming up from d.c. plus new details as we mentioned in the disappearance of baby

lisa irwin. a big shift in the timeline of what happened on that fateful night. what it could all mean for the parents as possible suspects, and theories about an intruder. and a big ba humbug just in time for christmas. washington now taxing your tree. [ male announcer ] you love the taste of 2% milk.

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christmas new taxes on trees. the department of agriculture announcing this week a new tax on all fresh cut christmas

trees. growers will be shelling out 15-cents per tree to fund the new christmas tree promotion board. the board is responsible for promoting the merits of real live trees as opposed to artificial ones. can you imagine you get a call from your government, we want you to serve, your country needs you right now. we want you to be on the official christmas tree board. [laughter] megyn: all right. elsewhere in washington they are working on this. a new road block is appearing now in the context of trying to reach a compromise on the nation's mounting debts. democratic members on the so-called super committee striking down a deal proposed by the gop that would cut the u.s. deficit by nearly $1.5 trillion over the next decade. that move raising new questions as to whether this committee will be able to meet its deadline on november 23rd. if it doesn't we'll see massive automatic cuts, 600 billion to domestic spending and another 600 to defense spending.

mike emanuel live on capitol hill with more. >> reporter: we are waiting to see if democratic members of the super committee make a counter offer or precisely where things go from here. the republican offer made by pennsylvania senator pat toome yes, of a $1.5 trillion package was rejected. meetings continue in smaller groups. but the november 23rd deadline still exists. massachusetts senator john kerry told fox, quote, they are meeting, we are meeting, this is not complicated. they've got to put real revenue on the table that helps us get the job done but republicans feel like they've come off their starting point, they've offered revenue and that they have shown a willingness to negotiate. a leading senate republican told reporters today, well he offered this assessment. >> failure is not an option. it will send a terrible message that congress is unable to solve the nation's biggest problems

and this is indeed not a solution but just a start. >> reporter: senator kerry says there is a very real gap in terms of revenue. republicans are saying, hey we've offered revenue. now the only question is whether or not democrats are going to insist on essentially taxing job creators. so, here we are two weeks from the deadline. the congressional budget office says it actually needs time to measure whether any possible deal delivers the cuts that are required by law. it feels we may be a long way away even though we are only two weeks out. mechanic meg. megyn: thank you. a showdown intensifies between a state attorney general and the u.s. justice department. a new immigration law in alabama has the country's top cops investigating alabama's classrooms. that controversy next. plus a fearless surfer catches the wave of his life. would you look at this? it may be the biggest wave ever ridden. nine stories high, and he's

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school system. the u.s. attorney pressuring schools -- no, the u.s. attorney general is pressuring schools to turn over student records direct leak to the feds to see whether a strict new immigration law in alabama is discouraging enrollment of latinos. trace gallagher has the details. it popped up a week or so ago and it's got even worse. >> reporter: it's become a verbal tug of war between alabama and the feds here. the alabama law which is on hold now, megyn requires the states, the public schools to check the immigration status of the public students, right? even if thee are here illegally they can still go to school and i said the law is now on hold. but the department of justice believes the law would discourage them from going to school, so the doj went to the alabama superintendent and said, give us your enrollment numbers so we can see if enrollment was in fact affected. well the alabama attorney general, luther strange fired back questioning the feds legal

authority to acquire the information about enrollment, and then the feds fired back saying this. that we do have express authority, because we believe you may be in violation of the civil rights act of 1974. luther strange the ag again fired back saying, well i guess that means that you don't have the legal authority, here is what he said today on "america's newsroom." listen. >> when we requested information we want to know authority they have to get it is so we can then advise our client and we are doing that, we are working with them, we want the justice department to have the information they are entitled to, we want to protect the rights of all of our children. it's set up to be a system by where we cooperate with each other. unfortunately we are not getting any cooperation from the justice department at this time. >> reporter: did you hear the key phrase there, we want the justice department to have the information they are entitled to. but attorney general strange does not believe they are

entitled to that. the superintendent of the alabama schools says we are not giving the department of justice any of that information until this matter is settled between the department of justice and the attorney general. stalemate. very big time in alabama right now. megyn: and the one side is looking to convert it into check mate. >> reporter: exactly. megyn: thanks for foray piecinfor appeasing. that is on the docket next hour, does the alabama school system have the right to bypass the attorney general. new questions involving the sexual harassment allegations facing presidential candidate herman cain. mr. cain shooting down every claim during a news conference yesterday saying it's just not true. new information is coming to light raising questions about the credibility of a couple of his accusers, the ones whose identities have been revealed.

karen kraushaar and sharon bialek. monica crowley is a fox news contributor. any time you come out you're going to have your record croute niced. now we know who she is and people are looking at her credibility. let's start with karen kraushaar, because this is the one who was sort of reluctantly revealed, politico first treated her as anonymous, she didn't want to come out, she finally got identified, she cameout and said fine let's talk about it. she as it turns out according to the associated press not only did she complain against herman cain and got a settlement at the restaurant association she complained three years later saying she should have been allowed to work from home and accused of manager of circulating a sexually charged email. according to the associated press the sexually charged email was based on an email which went around which was supposed to be funny, it was a joke that was

widely circumstance late owned the internet, and had some sexual innuendo like talked about how the reason men and women are like computers is that men in order to get their attention you have to turn them on, and women, because even your smallest mistakes are stored in the long term memory for later retrieval. >> this is offensive? megyn: thinks the basis of another complaint that she filed against her next employer. what does that tell you? >> well it tells me that this woman in addition to sharon bialek who is the first woman who came out publicly and accused herman cain of sexual assault, sexual harassment, low 15 years ago tells me both of these women have serious credibility issues. i'll tell you this megyn, to me this is the bigger point. if all these women are coming out with the intent of truth, but also with the intent of trying to prove that herman cain has a certain pattern of behavior toward women, then i think it's absolutely fair game to look at their background and try to understand if they have a pattern of doing this kind of

thing. now from what we know of sharon bialek that may not necessarily be the case, but in this woman's case, karen kraushaar it does seem that from job to job, or at least in these two instances of jobs that she has sort of presented a complaint with very limited basis to what she was alleging against her boss. megyn: her employer told the associated press that as far as wanting to stay people after the car accident she wanted to stay home even before she had the car accident. they said no. she sued them and said that was wrong mentioning this email. they initially demanded thousands of dollars in tpaeupltd, a reeven statement of leave she already used, promotion on the federal pay schedule and a one year fellowship alternate the harvard school of government according to a former supervisor who is nam with her complaint. karen kraushaar when asked about that said she didn't remember the details of her complaint or remember asking for all of that. >> megyn i'm sorry how can you not remember the details of a

sexual harassment complaint against a boss. if a boss is engaging in sexual harassment is a serious issue and does exist, if you've been subjected to this kind of behavior tow the point where you felt compelled to file a formal complaint against that boss and had to go through this whole process, then yes you should be remembering the details. by the way a lot of herman cain's critics, including some of these women are criticizing him for not being able to remember, he says, i don't remember that i even met this woman. they are jumping all over him but i think that these women alleging these things should be subjected to the same standards. megyn: the fact is it would be irresponsible to justly completely analyze cain and not the person making the accusations, that's how it works unfortunately or fortunately. okay the other woman, bialek, the gloria allred client, now it's come out that she's had a couple of bankruptcies, that she says her fiance is her primary source of financial report but it turns out he is unemployed and preparing to file for

bankruptcy according to lake city, illinois court documents. the income stream is not there according to these reports, from the chicago tribune. they say the irs filed a tax lien against her for 5200 bucks in 2009. the illinois department of revenue did for 4300. she had lawsuits in which she owed 4 grand, almost 7 ground, almost a thousand. it's not clear whether any of those have been resolved. on and on it goes. the point is, is she financially motivated to come out now and pile on. she says no, she says she hasn't been paid for the allegations. i mean, the problem for herman cain is, even though this may raise questions about some of these accusers, monica, people see the number of women coming forward and i think they jump to conclusion about what kind of a man he is. is that fair? >> it's not fair. and again in none of these situations, megyn nobody was there except for herman cain and these women. megyn: it keeps happening over and over. when it doesn't keep happening over and over for mitt romney,

or rick perry, or ron paul, or -- >> that is the danger. it creates an impression that there has been a pattern of behavior. are these women financially motivated because they are in bankruptcy or unemployed, or you name it. now the situation is that herman cain is forced to beat back the impression that he is engaged in a pattern of behavior. as serious as sexual harassment is and as serious as it is in america and around the world, i think thins anita hill and her charges against clearance thomas, too often we have seen sexual harassment be used as a political weapon. whether or not it's true i think it dilutes the real cases of sexual harassment that can be proven ab i think it generally overall hurts women. megyn: we will see. i feel like the facts are going to come out on this. now this latest woman karen kraushaar saying she would have a joint news conference with the other accusers if they are so willing. monica thank you.

much more breaking news on the baby lisa investigation up next. a shift in the timeline that night that could potentially change everything. mark fuhrman is here to tell us what it means three minutes away. after the murder of american sailors, the mastermind is going to go on trial. we will retell the uss cole story. why it took so long. >> it was like someone had taken their fist and literally punched a 40-foot hole in the side of the ship.

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and don't stop taking pradaxa without your doctors approval, as stopping may increase your stroke risk. other side effects include indigestion,stomach pain, upset, or burning. if you have afib not caused by a heart valve problem, ask your doctor if pradaxa can reduce your risk of a stroke. for more information or help paying for pradaxa, visit pradaxa.com. megyn: exclusive new developments in the case of missing missouri baby lisa irwin today. a source close to the case now confirming to "america live" a big shift in the timeline regarding a strange phone call made from the cellphone of little lisa's mom, deborah

bradley to a woman named megan wright. deborah bradley -- i'm sorry, the woman, megan wright had been claiming that this call came into her at 8:30 p.m. now we are learning that the call actually occurred more than three hours later at 11:57 p.m. what does it mean? mark fuhrman is a former l.a.p.d. homicide detective and a fox news contributor. thank you so much for being back. you have deborah bradley she says she drank, she went to bed. the last time she saw the baby was 6:40 that evening. now you have the police to tell the one with the pink air, megan wright you got a phone call from deb bradley's phone on the night in question and megan wright tells us that phone call came into her phone at 8 o*sz 3 8:30 in the evening. deborah bradley was sitting on her porch drinking at the time. now we learn it was almost midnight that deborah bradley's

phone called megan wright's phone. what does it tell us. >> it's actually information that starts fitting into the timeline a little tighter. as we saw when deborah actually changed her timeline on your interview from 10:30, or 2230 at night to 1840, or 6:40 in the evening when she last saw the baby, now she's showing that she wants to distance herself from that 10:30 known call. now deborah's phone, it made a phone call. i don't care what deborah bradley, or jeremy irwin says that you continue make phone calls. it made a phone call. let's just get beyond that. megyn: it either made one or attempted one. >> either way it actually reached out to another cellphone and made contact. so at that point here we have that as being a fact. now if it was at 11:57, or 2357 hours that night, just before midnight, that means that this is the period of time that

deborah bradley now says that she was blacked out. so she doesn't remember what she does. she doesn't remember what she did. so there is a very good chance that she made the phone call because somebody did, and i think there is some irony here that all three phones were taken in the wake of this. you know, failure to admit you made a phone call, but she's drunk, and by her claim blacked out. megyn: could it support the intruder theory? she says she was drunk, passed out, a sleep in the bedroom at 12:00 according to her. this guy jersey, this homeless guy who the police say looked at and moved on from but won't say he's been cleared, a homeless guy in the area, here he is in court arrested on other charges. maybe he comes through. maybe at 12 he finds the cellphone he takes a call to his ex-girlfriend megan wright, it was her phone. a neighbor spots a bald guy with a baby or so they claimed just a couple doors down from the irwin

house. >> well, look it, megyn we've got to look at this for the players that we're dealing with. we've got a house full of seven people who are drug addicts. there's something real constant with drug addicts. they have a 24-hour cycle. they lie and they steal to get high and then the whole cycle starts again. so nothing they say really means anything. but one thing is is the police have cleared all those characters. they've cleared them all. and they say, moving on because there is a possibility they could intersect the investigation on the periphery later. but think ofee moved on. the only person they can't move on from is the mother, and this is something that everybody should see as the most obvious part of this investigation, the only person that can say the baby was there in the home, and alive at a certain time is deborah bradley. they cannot clear her, and look it, everything keeps changing. now we have a cellphone call

that is within that window of possibly accident, discovery, panic, she's drunk, she doesn't remember what she does, according to your interview she was blacked out, so she doesn't know if she did make the phone call, she doesn't know what she did. megyn: here is the question, did deborah bradley make the attempted call or did the intrude leer make the call. all these reports is that a call with us attempted from deborah bradley's phone to megan wright, to somebody. where are the reports that the next minute a phone call was attempted from jeremy irwin's phone which had also hr-pb stolen? it's only deborah brad leave. my question to you, mark, does it suggest that the person who tried to make the call, and was denied or it didn't go through didn't then use the husband's phone because she knew they were both on the same plan and if the bill wasn't paid on one it wasn't paid on the other, and does that suggest that the person trying to make that phone call was deborah bradley? >> it certainly shows knowledge,

megyn. it also shows that if this was her phone she used her phone. she's under the influence, way beyond under the influence, but i agree with you, but just remember, this phone call went to somebody that has been cleared. nobody actually said anything on this phone call from the information that i'm hearing. so the phone call was made, i believe it was deborah bradley, because she is the one that is trying to make the excuse right from the on set that the kidnappers took the call so they couldn't call 911, that is an absurd, ridiculous assertion. and she said this and inserted this into the investigation. it was not timely, it's not something a mother would be worried about when their child has been kidnapped and missing. this is not what she would be doing. megyn: and now we know from the trace reporting at the top of the hour while your phone records might not show a call if you're on restricted service and you attempt to call verizon still has those records. think still have those records and that could be what happened

here. mark fuhrman, thank you as always, sir. the white house is staying quiet on president obama's remarks about israeli prime minister benjamin netanyahu. but michelle bachmann is not. she is here live. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios. ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. try smart balance buttery sead.

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megyn: a fearless sur offer breaks a world record. the video is unbelievable. would you look at your screens, riding this 90-not wave, nine stories of pure adrenaline and lives to tell the story. trace gallagher has this one. >> reporter: the experts say he lived to tell the story because he didn't fall. it's kind of that wave that if you fall you likely die. this was in portugal p. look at this wave again, the reason these wave are so big there is because they have this

huge beneath the sea canyon when the weather is perfect and the winds are right the waves can get up to as you see 90 feet. i mean that is from a camera on the tip of the board, it's just amazing. the guy's name is garrett mcn mcnamarea. from masses. he's out there surfing. that is crazy, right. he's ridden na tsunamis, the north shore of hawaii. at 11 months old we are owe told he launched himself out of a baby seat on a kitchen counter and lived to tell the story now he's serving the biggest wave ever. by the way apparently he was towed into that by a jet ski and then they let him go. the jet ski runs for cover. that is an awesome picture. megyn: how do they film it? >> reporter: the one guy is in a helicopter, right, just like car chases, then there is a camera on the front of his board, i mean you know. megyn: okay i see. unbelievable.

crazy. >> reporter: i wouldn't even ride a 90-foot roller coaster without being strapped in. megyn: you're a california boy, you must be a surfer. >> reporter: i'm a stand up paddle surfer with the dolphins and stuff out there. i'm not big on the waves. megyn: thanks, trace, see you. you were about to see another first here on "america live," the first ever nation-wide test of the emergency alert system. uh-hum, that's three minutes away. and u.s. attorney general eric holder gets grilled about what he knew and when surrounding a gun running operation that may have led to the death of u.s. border agent brian terry. next hour we will have a terry-family friend about what she thinks about this admission by eric holder. >> 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. there's a big reason to lower your high cholesterol...

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a test. this is only a test. that was only a test. and this is "america live." fox news alert iran vowing no retreat in the face of a report that suggests it is secretly trying to build atomic weapons. i'm megyn kelly. the u.n.'s nuclear watchdog saying iran has developed the technology needed to build a nuclear bomb and it's work on developing a warhead that fits on a missile. rwanda still insisting its

nuclear program is for energy production. now reports that israel was considering a preemptive military strike against iran's atomic facility. reena ninan is live in jerusalem with more. >> reporter: the israel write government took their time in giving a response to this report. they believe for years they have been trying to tell the interest national community iran does have a nuclear weapons program and they are working towards a bomb. and this is the official response that came out a short while ago. they said by the prime minister's office, the international community must bring by the cress -- the says sayings of iran's nuclear weapons. israel said they won't launch a

unilateral strike. they are trying get crippling sanctions against iran. but china and russia do a lot of business with iran and they don't want to see sanctions put in place. israeli diplomats say they will try to get the international community to move forward on these sanctions. there would have to be a vote of the u.n. security council. the problem is china and russia have a vote there. megyn: this iaea report on iran sparking a flashback to the cold war with russia. russia

>> the comment made by the president further weaken the relationship with israel. this has been the problem all along. the president put daylight between the united states and israel. that message has not gone lost on the hostile neighbors that surround israel. it only makes a situation worse.

what specifically do you think he should do? >> i think the president should be apologizing to benjamin netanyahu and the jewish state of israel. the united states historically has been israel's best friend. the united states recognizing israel strengthened israel yams stance. president obama has demonstrated he is no friend to the state much israel or the jewish people. this has profound implications for world safety and peace in the region. now with a report coming out this week from the iaea, this is bad news. no wonder benjamin netanyahu needs to speak to the united states. who else will have israel's back if we don't.

president obama has revealed his true intent. he has been no friend to the state of israel. megyn: you are running for the republican nomination for president of the united states. bret baier was on at the top and mentioned some polling in iowa according to the register putting you you at 8%. mr. cain at 23%, romney 22%. back in june, you were in the lead at 22% -- almost in the lead, you were behind romney by 1 point. what do you think explains that? >> i think what this shows is we have the capacity to be number one again. and clear live we can. if there is anything that's a hallmark of this presidential race it's the political fortunes that go up and down like wall street goes up and down. we have a pathway to success.

caucuses are january 3. we have a strong ground game and a strong group of support in iowa. so we look forward going back and building that. again, day by day we see the candidates coming forward. one thing people know with me, we are seeing all the candidates up close and personal. they won't find any policy surprises with me. i have been consistent. i have a core of conviction. people know that and they are looking for the candidate that they can count on whenner in the white house. megyn: i think our viewers know that that's true. they don't see a lot of flip-flops from you. and yet the polls are not going in the right way for you. it doesn't seem like you have got momentum behind your campaign like someone like mr. cain had though the polls are still good for him, or for that matter romney. why haven't you within able to turn that iowa thank you poll win around into something with

more momentum? >> we'll be able to turn that around and we are in the process of doing that. the voters have been doing a lot of shopping. if you look at the number of people who are undecided, they have gone from one candidate to another to another. but when it counted. when the iowa voters went into the booth, i'm the candidate they chose. we believe i'll be that candidate again january 3. as they look around they see candidate go up to the top of the charts and fall pretty hard. i think we'll continue to see that right up until january 3. i think they will choose the candidate that is the true conservative in the race. that's what i demonstrated on every area whether it's fiscal, social, national security or the true tea party candidate, i represent all of the above. megyn: do you think that you come across as to sort of robotic, that's the word some

critics use online. your messaging is almost too good and too perfect. when i speak with you in person you are much less formal as any of the candidates would be. do you think people are failing to see that so there may and disconnect? >> well, there is a difference between 60 seconds on a debate and being able to hear a candidate over 5, 10, 15 minutes. i would love to do a sitdown with anyone on fox news. i would be delighted to do that. i think that is important for candidates to be able to see a person's heart. they will find out i have been married for 33 years and raised 5 wonderful children and 23 foster children. i started a business from scratch and it's been wildly successful. i have been a tax hour for 40 years. i'm the real deal on every one of the issues the republican primarily voter cares about. we need to get that message out

and the more time we can spend with conservative media to tell the story the better the numbers will be. megyn: tonight is the big debate. they are saying even though it's supposed to focus on the economy, they are going to ask about the allegations against herman cain. do you think this is an important story? >> it's certainly one that captured the public's attention. i don't have special information about this story. what i have been focused on quite literally is what people are talking to me on the ground about it's a lot of mothers out there that are absolutely scared to death. about 69% of the people, it crosses party lines believe this nation is in a steep decline. my good news story is we have a chance to be able to pull the whole country together, sacrifice together and do what countries do to succeed, not what countries do that fail. greece was the picture of

failure. the united states was historically the picture of success. by know what to do. megyn: more than 11 years ago terrorists killed 17 sailors onboard u.s.s. cole. the matter mind of that attack is in a courtroom. will justice be served? we go live to guantanamo bay. attorney general eric holder had the opportunity to apologize for the death of border agent brian terry. he was killed with a gun from the botched gun running scheme "operation fast & furious." mr. holder declined to do so. how brian terry's family is reacting. >> have you apologized to the family of brian terry? >> i have not apologized to them, but i regret what happened. >> have you talked to them? >> i have not. ♪

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megyn: should attorney general eric holder apologize for the tragic murder of u.s. border patrol agent brian terry? he died from a gun from "operation fast & furious." that sting operation that allowed thousands of guns to walk into mexico. during a senate hearing mr. holder was asked whether he apologized to the terry family. here is how he responded. >> have you apologize to the family of brian terry? >> i have not apologized but i certainly regret what happened. >> would you like to apologize for that program that went so long it took the life of a u.s. border patrol sergeant. >> i certainly regret what happened to the family of brian terry. i can only imagine the pain they had to deal with. wore not programmed to bury our

kids. it pains me whatever there is -- the death after law enforcement official, especially understood the circumstances that this occurred. it is not fair, however, to assume the mistakes that happened in fast and furious directly led to the death of agent terry. >> it wasn't an apology. the mother feels that brian served his country as a marine. the motto for the marines is you never leave a man behind. the government has left her son behind. police week, napolitano and eric holder were attending, they were

there. he had another opportunity to give his condolences and sympathies to brian's mother an didn't make an attempt even at that point. so his insincerity and the only thing he regrets is this program through brian's death has come to light and in turn brian will save lives because this program stopped because of it, that's the only thing i see that he regrets. megyn: he said it's not fair to assert that the operation fast and furious different was run about it atf in the phoenix offers. atf is overseen by justice. eric holder is the head of justice. he claims he didn't know about the operation. guns walked and one of them was used to kill border agent brian terry. >> the -- he will not accept responsibility that the program

should have never been created. the conception of the program in general was a fatal error. he made statement to -- let am not lose sight of the focal point that guns are walking and we have a problem and need to implement gun laws. that was the reason why this program was developed so they could implement gun laws. brian terry when you find "operation fast & furious" guns at the death scene an was killed with them, how could you not say it has nothing to do with the program? to say that he is the father of three children an has pain for the terry family? he has no idea the pain they are going through. their grieving process was stolen from them. they have no closure. they have coverups and stonewalling. they have no answers to their son's death. megyn: do you think he needs to take responsibility? what he said yesterday was that, look, memos were sent to me on

this operation. but i cannot read every single memo that comes across the desk of the attorney general of the united states. i need my lower staff to advise me of the things i need to pay attention to. so far there is no proof that he's wrong about that. but do you think that he in this circumstance needs to take responsibility? >> yes, he's the head of the doj. he's responsible for the people under him and what transpires. he stated he learned about "operation fast & furious" in may of 2011 he was asked when did you know about operation fast and furious. this statement was a few weeks ago. that was perjury. they have memos that indicated that he knew as early as july of 2010. that's been proven. if you or i were to perjure ourselves we would be

prosecuted. megyn: that is still a question mark in this case. this terry family, who do they opinion this on? at the end of the day brian terry was killed by some bad guys from mexico who got their hand on these guns. but are they focused more on the bad guys who actually committed the murder or are they focused more on the federal government. >> i wouldn't say they are focused on -- they want answers. they want to know the details of brian's death. they want accountability. they want somebody to take accountability and responsibility. for the guy that they already have in custody, he should be prosecuted to the fullest extent of the law. but are they -- they want answers and accountability. this program has not only taken brian terry, it has taken j air, me zapata and 200 citizens in

mexico. with the government doing this, he's a true american hero. no one can take that away. but with the government turning their backs on him, it doesn't look good for the government as far as having respect for those who serve and protect our freedoms every day. if they would take responsibility the family would be much happier. megyn: thank you for being here. we appreciate it. >> we have an upcoming benefit november 12. megyn: ad ifer for the terry family in scottsdale, arizona. the money raised will allow brian's mother to travel to any hearings and court dates involving her son's death. they are planning to file a lawsuit again the federal government in troords this operation. we'll be right back. [ male announcer ] tom's discovering that living healthy can be fun.

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megyn: major victory for union flaibt buckeye state. voters voted down restrictions on union bargaining rights. this deals a serious blow to governor kasich and other republicans. some say it's a rejection of republican policy in a heavily unionized state. fox news alert on a toddler gone missing in washington state.

the little boy's mother said he disappeared when she left him sleeping alone in an unlocked car and went to get gas. now police say she is refusing to take a lie detector test. >> reporter: the boy mission for three days. mom won't take a polygraph. mom says she was driving her 2-year-old to the hospital because he was feeling ill. but instead of going to a hospital in her hometown she drove a couple towns over. ran out of gas. in 37 degree temperatures she took her 4-year-old daughter and walked to a gas station but left her ill 2-year-old son in an unlocked car. she didn't make it to the gas station. about it time they got back to the car the 2-year-old was gone. the 4-year-old said her brother was in the car. but listen to police minutes

ago. >> indications are last time anyone saw him was a couple weeks ago. there is a neighbor at the apartment home that saw her with her two children two weeks ago. we haven't been able to find anyone who has seen him since them. armed with that piece of information we were suspicious whether he was in the car to begin with. >> reporter: when cops got on scene, the car that ran out of gas did start. mom and dad are in a nasty divorce. dad says mom has threatened to kill their children. child protective services were called out to the house on several occasions. the social worker says there was bruising that showed dad beat both the daughter and the son. mom and dad were arrested once for leaving their son in the parking lot of a target shopping

center sub freezing temperatures for the better part of an hour, megyn. megyn: trace, thank you. sailors are lining up for lunch onboard a navy destroyer. in a flash 17 of them are killed by a guy in a raft packed with explosives. today their families are seeing the wheels of justice turn for the first time in 10 years. alabama's tough new i am facing law requiring schools to check the immigration status of students. the feds say that may violate federal law. eric holder is going directly to the alabama schools demanding they fork over information. >> we want to make sure no child in alabama can be denied an education based on hisin immigration status or any other criteria.

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megyn: fox news alert. the dow dropping at this hour as investors grow increasingly concerned that italy will be the next domino to fall on the zone *'s massive debt crisis. down 413. we'll continue to follow this unfortunate development. more than a decade after a terror attack took the lives of

17 american sailors, finally their families may see justice. a saudi national accused of planning and carrying out an attack on the u.s.s. cole in 2000 is now facing a judge. the navy destroyer was anchored off the coast of the yemen. a small boat pulled alongside the ship and there was an explosion. 17 sailors were killed, 39 injured. attack, the deadliest against the u.s. navy vessel since 1987. al qaeda claimed responsibility. the bombing bringing osama bin laden and the terror net tworkt attention of many americans for the first time. now the man believed to be behind the blast making his first court appearance since was caught 9 years ago. our chief intelligence correspondent catherine herridge is streaming live from guantanamo bay *, cuba. >> reporter: the high security

courthouse is behind me. half a dozen members of the u.s.s. cole families -- this is the first time anybody has seen the suspect abd al-rahim al-nashiri. we are familiar with his mugshot. he has dramatically changed. he is girl or stockier. he gained about 20 pounds. in court today he was unshackled. he seemed relaxed and smiling. even joking with the judge about the quality of his english skills. the attack in 2000 was the seminal attack before 9/11, the final warning that al qaeda was determined to hit the united states. what many important when you see these pictures is context on the damage. that hole you see in the side of the cole is the size of a 3-story building. the force of that explosion was so great that's of the cole families told me they had to bury their thinner two or three times because the navy kept finding more of their remains.

>> are we ever going to get any kind of closure on it? kent was tore up like so bad because he was the first one. and we had to bury him three different times now. that should not be. we couldn't even see him because he was so tore up at the funeral. >> reporter: one of the big headlines is the defense is going to put the cia and the secret prisons and interrogation by the cia on trial even more so than the alleged guilt of their client. in a series of questions put to the judge, he was asked specifically how he saw the death penalty should be used, how he would define torture. if he found evidence offer to newer this case would he notify international shorts about u.s. officials who may be responsible, megyn. megyn: with the final deadline less than two weeks away there are growing concerns that the so-called super committee will

be a colossal failure. these are the six democrats and six republicans who have to find more than a trillion dollars in budget cuts and tax hikes or automatic triggers will slash spending. automatic if they don't atbre on something else. as the committee struggles, senate minority leader mitch mcconnell is raising questions about the role of the white house in this process. >> it's pretty clear when chuck schumer speaks he's speaking for the most partisan democratic position and it does raise your suspicion that the folks at the white house are pulling for failure. if the committee succeeds it steps on the story line that they have been peddling which is you can't do anything with the republicans in congress. megyn: joining me chris plant of the chris plant show and christopher hahn. chuck schumer came out and said

this panel is going to end in failure. then the buzz was, chuck schumer said that for a reason. what is the reason? you heard mitch mcconnell saying the reason is they want it to fail because then it works to the president's narrative of we can't do anything, these republicans on capitol hill. you have got to get rid of them and leave me in the white house. >> the only person i have seen root for this country to fail is mitch mcconnell himself. i think of shouldn't be throwing that stone. chuck schumer calls it like he sees it. if he was in that room he would work to have an agreement both sides could live with. that's why 70% of new yorkers approve of his job performance in the state of new york. when he says he thinks it's going to fail, he's concerned about republicans not want to go

giver an inch on tax reform. they don't want to do that. grover is saying don't close those loopholes. megyn: he's the anti-tax guy. chris plant, does mcconnell have a point that there may be some benefit to the white house in seeing the super committee fail? >> it's not some benefit it's essential. mitch mcconnell has never rooted for the united states to fail and you know perfectly well that's the case. secondly the republicans in the super committee came up with a proposal yesterday with $1.2 trillion in cuts and $300 billion in revenue enhancers as we now refer to them. and it was immediately spiked and dismissed by the democrats on the so called super committee. if the congress appears

functional, the entire obama reelection campaign comes off israels. you can't run against a do-nothing congress if the congress isn't a do-nothing congress. the republicans passed 16 or 17 bills through the house of representatives and moved them relong to the senate and harry reid will not even take them up even though he knows they had bipartisan support. >> if this super committee succeeds, that's a victory for the president as well. i think he would rather see the country move forward. megyn: speak to plant's point about the republicans did propose revenue enhancers, they were going to limit tax breaks in exchange for making the bush tax cuts permanent and the democrats said none-starter.

>> i don't think this country can afford to make the bush tax cuts permanent. they are what cause the great debt we have. they created it. two wars and tax cuts we didn't pay for an a prescription drug bailout which was a sellout to big pharma. and we can't afford it. >> that's so many amazing things in one bag, ted kennedy's drug benefit reform bill. president obama has added $15 trillion in debt. $1 trillion. $15 trillion within the watch ticking here on barack obama's watch. and you can't keep blaming bush. we have to grow up. we are through almost the end of his term as president. it's time to stop blaming somebody else. it's time to start growing the

economy instead of pursuing policies that lead greece and italy and portugal to where they are now. it's something the republicans have been trying desperately to do but the president of the united states won't work across the aisle, and we are just going to hear attacks between now and election day and that's catastrophic for all of us. >> tell me the tax increase they are going to accept in the republican party. tell me the one they are going to accept. megyn: we'll have to make that rhetorical. double chris, thank you. coming up, alabama's tough immigration law requires schools to check the immigration status of its student.ny but that's been put on hold. 'cause this season, the ming couldn't be better. right now, we can get those black friday prices without fighting through all those black friday crowds,

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megyn: brand-new numbers on the housing fronts show home prices

fell in most major cities. 111 of 150 metro areas posted drops. the prices in mobile, alabama, dropping 18%. uncle sam demanding detailed data on school attend chance the heart of dixie. requiring school officials check students' legal status. justice department says federal law prohibits states from checking immigration status. so it has sued to stop the law and has demand of the school systems directly a list of student even rolled at the beginning of the school year. a list of students who have withdrawn in the past two months and a list of student with one unexplained absence. but the attorney general of

alabama said to eric holder, you are overstepping your authority. you are not getting the information. who is right? joining me now, mercedes colwin and jonna spilbor. we have a snowdown between the attorney general of alabama and the attorney general of the united states. >> i think alabama is taking a smart approach to this. what the attorney general of the state is saying, we ain't playing. we aren't doing anything wrong. we are not denying access. so back off. i think it's a smart approach. megyn: eric holder, the doj, the federal government didn't like this law so they challenged it and they won in the 11th circuit court of appeals saying you can't enforce that law with the schools check immigration status. at least it's on hold for now.

so why are they going to the schools in the meantime and say give us the data how this is discriminating against students. >> they are looking for subject stan yaition for their allegations. they need to prove that it had a chilling effect. that students when they were asked about their immigration status, suddenly they dropped out of school. suddenly they didn't enroll. what they are looking for are hispanics if they are being unfairly targeted by this law. megyn: normally in the course of litigation, it could be different when it's federal government versus state government. you want document you have to go through her. and that didn't happen here. eric holder didn't go to the attorney general of alabama. he went directly to the schools of alabama and said fork over all the information and the attorney general of alabama was saying what are you doing? why are you going directly to

the schools? you can't do that. >> that's an interesting point. if we were litigating you would have the right to get information from me through the discovery process. but alabama is taking one step in front of that saying no one has complained about anything we are doing so why do you have a right to interfere at all. >> the reason why it's not purely litigants it's an enforcement agency. we are entitled under the federal law to enforce the civil rights laws and we believe that the schools were discrime nateing against hispanics we need to stop that. so that's why i believe they were so forceful. megyn: the state attorney general has written back to the attorney general and said don't want to it happen either. the doj is saying that's what's going to happen. the attorney general of alabama said i don't want that to happen. but what is your evidence.

what have you got that's leading you believe we are kick can hispanic students out or leading them to a place where they believe they can't show up to school. what is that evidence? >> that's where this case has stopped. it's sort of at a standstill. i don't think the doj provided evidence there is an actual problem. megyn: but there are news reports. >> i think the doj is trying to talk out of both sides its mouth. they are saying we don't want you to gather this information but we want you to give it to us so we can see if there is a problem. megyn: is this a slippery slope for the federal government and state governments to be involved in a battle like this and for the feds to start poking directly into the state administrative system? given the constitutional separation of powers, the feds and the states. the states rights. for them to be able to do this to poke you directly in your

state administrative agencies in the context of litigation. >> i think they are so encumbered already to start tackling this issue and do it on such a widespread basis it will burden us even more so. the courts have decided the -- it's on hold. so it's on hold. the enforcement agency should let the process continue. if they are going to take it on they have the right to do so. megyn: can you imagine the number of hours and noneo money this will cost the school systems of alabama to fork over to the federal government and the lawyers they will have to employ and it's confidential data. so it raises a host of problems. you can see why there is a bit after stalemate between the two. we'll leave it at that and pick it back up when we know more about the case. thousands of people left without for more than a week. some people think they have an answer to make sure connecticut does not go dark in the next big

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megyn: in connecticut 2,000 people are still in the dark after a rare october snowstorm. that's an improvement from the 800,000 who lost power during the height of the storm. as crews still work to fix the lines, some are now asking fit would be better to put those lines underground where fallen trees cannot bring them down. laura ingle is live in connecticut. a lot of us have been thinking about that for years in terms of the aesthetics. there are other benefits as well. >> reporter: it's been a raging debate in connecticut for a long time. many people wondering why isn't

the back on. look at what weiss crews are dealing with. power lines dangerously damaging from poles across driveways and homes. customers are demanding answers. after hurricane irene the governor of connecticut appointed a special task force to evaluate power options for the state. putting power lines underground is an option. it's the commissioner of the department energy and environmental protection says there need to be tough questions asked of connecticut's utility. >> we need to think about how we is tribute electricity it's a 100-year-old technology stringing wires across poles. we have a team digging in very hard exploring all the options. >> reporter: while the above-ground lines are up

acceptable to wind and heavy snow. but the underground are susceptible to flooding. as you look down the street and see all these crews working here, that crew that you see in front of you is repairing a broadband line. that's another big problem. nobody has had phones or cable or internet for the duration of the storms well. so the debate is about this stuff, too. megyn: this will be joe paterno's last season as head of the nittany lions.

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