jon: have yourself a great monday, thanks for joining us. jenna: "america live" starts right now. megyn: fox news alert, president obama today facing tough new questions on iran and the growing nuclear threat in the middle east. welcome to "america live," i'm megyn kelly. the president earlier today saying every option is on the table for handling the islamic republic's pursuit of nuclear weapons. and defending his push for sanctions to crack down on iran, despite a lack of support from both china and russia. those two nations already providing nuclear technology and know-how to iran, and now there are growing suggestions that we could soon see an atomic weapons race in the arab world. our chief white house correspondent ed henry is traveling with the president. he's live in honolulu right now. ed? >> reporter: well, megyn, the stakes could not be any higher. that iaea report made clear that iran is edging closer and closer to nuclear weapons.

israel already contemplating whether or not to take unilateral military action to take out those facilities, as you mentioned, potential to spark a full-scale nuclear arms race in the mideast right now. this is a big topic at that republican presidential debate on saturday night. republicans like mitt romney saying that the military option should be a much stronger option, shouldn't just be one on the table, but should be one looked at very closely. romney suggesting flat out in this debate charging that if president obama is reelected, iran will get nuclear weapons. i can tell you at a news conference here in hawaii last night, the president after initially saying he really didn't want to engage these republican presidential candidates directly made the case for how his approach has worked and, basically, fired back at romney by saying it's not quite as simplistic as these candidates think. take a listen. >> now, is this an easy issue? no. anybody who claims it is is

either politicking or doesn't know what they're talking about. >> reporter: now, on the positive side what the president does have going for him as he pushes back against these republicans attacks is that the sanctions he's helped put together through various channels whether it's the u.n., whether it's the e.u. that's also moved forward with sanctions against iran, they have had a very tough impact on tehran's economy. however, as the iaea report spelled out and what's on the negative side for this president is those sanctions have done very little to stop iran's nuclear ambitions. and as you suggested, megyn, the president's had one-on-one meetings on the sidelines of this apec summit here in honolulu over the weekend with the leaders of russia and china and so far they've shown no inclination to support a new round of sanctions. and they're critical because they've got those perm innocent seat -- permanent seats on the u.n. security council. without them, he's not going to get tough new sanctions against

iran. megyn: yeah. they've been the problem, in the part, all along. well, no comment is the official response from president obama to his own controversial comments about israel's prime minister. mr. obama was having what he thought was a private conversation with president sarkozy, but a hot mic caught president obama saying, you're fed up with him, but i have to deal with him more often than you do or every day, depends on the translation -- i don't know, not the translation, the report that you read. here's how the president responded to questions about those remarks earlier today. >> with respect to the hot mic in france, i'm not going to comment on conversation that i had with individual leaders. but what i will say is this: the primary conversation i had with president sarkozy in that

meeting revolved around my significant disappointment that france had voted in favor of the palestinians joining unesco. megyn: unesco is the u.n. agency on education, science and culture. president obama says the only solution to the situation is for the israelis and palestinians to sit down together at the negotiating table. fox news alert, breaking news in the penn state child sex abuse scandal. assistant coach mike mcqueary now reaching out to an attorney after being named as an eyewitness in the case. he is the one who first walked in on this man, jerry sandusky, raping a child according to coach mcqueary. and there is more fallout. we are learning that the judge who released former coach jerry sandusky on bail, $100,000 bail for the rape of eight boys at least, was a volunteer in the second mile charity which was founded by this man, sandusky.

david lee miller is live at university park, pennsylvania, with the details. david lee? >> reporter: megyn, the judge that set that $100,000 bail is coming under fire from a number of sources including the governor. the governor is saying he would have liked to have seen the bail much higher, he also would have liked to see electronic monitoring. the attorney general in this case did seek half a million in bail as well as an ankle bracelet, but the judge set the bail at $100,000 unsecured. initially what that means is he was free to go with nothing more than a signature on a piece of paper that said if he failed to show up in the future, it would cost him $100,000. it has now been revealed that the judge did volunteer for the second mile foundation in 2008 and 2009, but that is after sandusky resigned from that charity. she also contributed money to the charity, but apparently -- and this is being reported here now -- she never at any time met jerry sandusky.

meanwhile, as for jerry sandusky, he is now free on that $100,000 bail, he is at his home which is next door to an elementary school, and now there are reports that the principal of that elementary school is taking what he has described as measures to protect the children. sandusky, meanwhile, also continues to collect his $60,000-a-year pension. and lastly, another resignation today, this one jay reykjavik, he is the ceo and president of the second mile foundation. he stepped down over the weekend saying the focus should be on the children, the healing, the young families that have been impacted. his wife, megyn, nevertheless, still has a job at that charity, and the couple since 1998 together collected over $2 million in salary. megyn? megyn: dade lee miller, thank you. we will have much more on the growing fallout from the scandal. penn state now facing a number of potential civil lawsuits from the alleged victims of this coach, jerry sandusky. we will have that and more on

this judgement for you just a little later on "america live." well, focus today on the mysterious new figure in the case of missing baby lisa irwin. a man now claims that he knows who may have been at the err end -- other end of a bizarre phone call that was made or at least attempted from deborah bradley's cell phone the night her baby disappeared. the phone belonged -- the phone that was called, i should say, belonged to this woman, megan wright. she says she didn't take the call, she didn't have her phone at the time, but it appears more and more investigators are looking at the phone records in the case of this missing baby for clues as to what may have happened to her. trace gallagher just spoke to an investigator at the center of the case. >> reporter: that investigator's from kansas city, and he is actively looking for that mystery man. megan wright says the reason she didn't take that call was because she was living with accept other roommates, and she

was kind of sharing the phone among them. well, now one of those roommates who does not want to be identified has now told our kansas city fox affiliate that the man's name was dane and that he's the mystery man, that he had a relationship with megan wright, and he was on the phone during the night in question. listen. >> every time i was up, i saw him on the phone hunched in the corner, being very secretive. it could have been because someone was with asleep in the other room, it could have been because he was hiding something. he looked very nervous. >> reporter: the roommate claims that dane had very easy access to drugs and weapons and trouble and that three day after baby lisa disappeared that dane also disappeared. now, police will not confirm to us whether or not they're looking for this dane man, but we spoke with a local private investigator who definitely wants to speak with him because he wants more information. listen. >> we don't know what dane knows

or what he doesn't know. he may have no, you know, involvement at all in this thing. he may have been, again, just an unlucky person that used the phone that got a call that wasn't intended for him. >> reporter: but that private investigator says that add midnight, remember, this call came at 11:57 on the night that baby lisa went missing, and at midnight this dane guy was on the phone. we should just note, also, megyn, that the day after police spoke with the half brothers of lisa irwin, they went back out and searched near that chicken restaurant in the area there. they won't tell us if they found anything, but that was the latest search in the past eight or nine days. megyn: this is all very confusing because that woman, megan wright, originally said she didn't have the phone at 8:30 but that she did have it at 11:30. we here at "america live" first reported that, in fact, the call wasn't at 8, it was at 11:57 a time at which even megan wright

claims she had the phone, now we hear some guy dame had the phone, and meantime, we don't know if phone call went through, only that it was attempted. what a mess. >> reporter: yeah, it's a mess. megyn: trace, thank you. listen, we're going to sort all of this out with mark fuhrman at 1:45, and this'll be the first chance to talk to him about the big news we broke on the show on friday, not only was there an 11:57 attempt call made on deborah bradley's phone, but another call at 3:18 a.m. and 3:22 a.m. both of those attempted to call deborah bradley's voicemail. and we learned for the first time that the phones according to the feds, never left a one-third to one-fifth of a mile radius from deborah bradley's home. detective mark fuhrman says this does not confirm there was an intruder. it'll be here, half an hour away. just days after a key

decision was diverted, canada's prime minister accuses president obama of playing politics here, something the administration has denied. so what happens to all that oil and the thousands of jobs that the project would have created here? lou dobbs after the break. plus, now, 39 lawmakers are calling for attorney general eric holder to resign over operation fast and furious, the botched gun-running sting that sent guns into the hands of the bad guys in mexico. tomorrow could be a major turning point in that push, we'll tell you why. and president obama says americans have gotten crazy about attracting foreign investment. that comes just weeks after he suggested we've gotten soft, we've lost our imagination and ambition. we'll look at what's behind this message. >> we've been a little bit lazy, i think, over the past couple of decades. we've kind of taken for granted that people want to come here, and we haven't been trying to attract new businesses into america. [ male announcer ] how do you trade?

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megyn: well, they said they were going to do it, and now the department of transportation issuing its first-ever fine against an airline for violating the three-hour limit on tarmac delays. the culprit? american eagle airlines fined 900,000 beans -- that's dollars for folks at home -- that's a record fine for a consumer-related case. it stems from an incident back in may when more than 600 passengers were stranded on 15 different american eagle flights at o'hare airport. those passengers were left there 45 minutes beyond the limit. canada is now shopping it oil ec ports overseas. after the obama administration essentially killed, for now, a deal for a new pipeline. they've postponed the decision until after the 2012 elections. our neighbors to the north say they are now going to look at the asian markets to sell their crude reserves, something they

had been offering to us. canada doing that is a possibility we discussed in detail right here on "america live" when we brought you the keystone pipeline story on friday. this thing was supposed to connect western canada to the gulf of mexico through the u.s. heartland, but some farmers and environmentalists objected saying it would cut through a key aquifer, and they were worried about water contamination. so the state department, which had given a preliminary okay to the project, then delayed a review of it until, as i say, after the next presidential election. critics said it's politics, the administration denied it, and now you've got lou dobbs here to weigh in on it who's host of "lou dobbs tonight" and a syndicated radio host. you've got the canadian prime minister saying, and i quote, this is still my the political season in the united states, and decisions are being made for political reasons. >> and stephen harper's a big buddy of barack obama on a host of issues. but even he has to acknowledge that this president had lying before him a great opportunity

politically to be decisive, to create jobs which he is always, it seems, talking about at least in the abstract, and mr. obama looking opportunity straight in the face chose to avert his eyes and to absolutely throw away an opportunity to create 50,000 direct jobs, as many as 50,000 direct jobs, 200,000 jobs indirectly. it is mindless, it is just mindless cowardice on the part of this white house to not make a decision and to move ahead. megyn: a concern by many americans now is that we're going to lose this oil, we're going to lose it because canada's going to go to asia, to china, and this is a president who campaigned on freeing us from our tyranny on foreign oil. this is canada, and the labor unions love this because they think it'll create jobs. it's the environmentalists and some hollywood folks, not to mention some farmers, who really

don't. >> and this president, i'm afraid, megyn, is unaware that the chinese are represented in canada, in alberta working with the canadians on the oil sands, on the oil shale trying to work with investing money where the united states is playing beggar thy neighbor. instead of being a leader and at least within the terms of nafta actually bringing greater coordination together amongst canada, mexico and the united states. it was an absolute -- what is the cliche, no-brainer? win/win? megyn: that's what prime minister harper called it. in fact, it did not end up being such. now what we're worried about near the united states is, okay, they're going to delay this, but what folks were worried about is will that delay cause canada to look at something else, basically say, hey, lady, i'm

going to go dance with somebody else. and now we learn that, indeed, canada is looking to sell its oil and gas to asian companies and, quote, following american delays in approving the keystone pipeline. >> absolutely. and the canadians have already served notice that they're going to do a lot of business with china irrespective of the dig here. this is a country, china, that is already encroaching upon u.s. influence in this hemisphere. they basically own both ends of the panama canal. they are the primary investor in south america outside of the united states. they are challenging u.s. influence in this hemisphere. this president has just acquiesced to their ambition. megyn: and the president defends himself by say, look, we're all for increasing american dependence on canada as opposed to saudi arabia, but on the other hand we don't want to pollute our aquifer that runs through this key part of the united states if that's a risk to this thing. >> this president has a rationalization for every time

he votes present. he has just voted present again. this goes back to his days in the illinois state senate. here are the facts. there is not a single instance of an aquifer being polluted by a pipeline anywhere in north america, period. and we've got 50, 60 years' experience in international pipelines in this hemisphere. this is nonsense. it is time for this -- you know, the president said to china, it's time to behave like a grown-up economy. it is time for this president to behave like a grown-up president, to take tough decisions and stand up on principle and move this country forward instead of lamenting, lamenting the difficulty choices that befall any president, but particularly one in this time of immense challenges. megyn: lou dobbs, thank you, sir. >> thank you. megyn: well, president obama once again criticizing america calling us lazy, this weeks after he called us soft, unambitious and unimaginative.

what is this about? we debate. plus, a new push for eric holder to step down after the operation sting fast ask furious. the attorney general, however, now pushing back. and is the tide turning against occupy protesters? why a growing number of cities are saying, they've had enough.

megyn: we've got new video coming in from oakland, california, right now where police are cleaning out an occupy wall street camp after warning the protesters to leave. remember, this is the city where full-on riots broke out between the police and the protesters, but the crackdown against these groups is not limited to oakland. it is starting to play out in cities around the country.

casey steegal live from los angeles with more. >> reporter: yeah, megyn, a growing number of city leaders say enough is enough when it comes to some of the violence that has been reported at some of these movements in the last couple of days. a woman was raped over the weekend not far there the occupy camp in philadelphia. police say that the 23-year-old victim was from atlantic city, and a suspect has been arrested. over to salt lake city, utah, now, where some 19 people were arrested for refusing to leave a park. man was found dead inside his tent there last week, you may remember, police say from a mixture of drugs and carbon monoxide poisoning from his heater. a deadly week in oakland, california, where a man was shot and killed near the encampment last thursday, and that prompted authorities to issue evacuation orders for the crowds in the name of public safety. about 32 arrested there over the weekend. and two police officers were also hurt in san francisco while

trying to clear the crowds. one was injured after being shoved, another reportedly cut on the hand with a knife. >> police did do a lot to try to force us off the street, and maybe someone had something sharp on them, but that's just a conjecture. >> i think it's horrible. it's a squalid mess, and as my husband said, they've been stealing from us, they've been defecating, urinating and vomiting all over the plaza. >> reporter: about 50 people arrested in portland after thousands took to the streets defying an eviction deadline set for saturday at midnight. some of the demonstrators using old furniture and junk to create a makeshift barrier in the road to block traffic. now, many say that they understand these folks do certainly have the right to assemble and have their voices heard, but clearly the violence detracts from the message they're trying to send, megyn. megyn: casey steegal, thank you. well, we are getting new warnings today from the federal

reserve bank worried about what happens to america's economy if europe's money problems get worse. we'll show you what the fed is now saying. and if you were with us on friday, you saw a lawyer for the irwin family say he has proof, he believes, that the parents are innocent in connection with the disappearance of baby lisa based on the timeline of the phone records which we were the first to break to you on friday afternoon. detective mark fuhrman with a different view just ahead. and fallout from operation fast and furious, the botched gun-running sting into mexico, causing new problems for attorney general eric holder. the family of murdered border patrol officer brian terry who was killed with a gun from that operation wants mr. holder fired. we will debate. >> i'd like the see holder step down, i'd like to see him step down because they're liars, and they sat right there, and they never apologized to us or

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megyn: fox news alert, brand new reaction to the supreme court announcing it will take up legal challenges to president obama's national health care law. the white house saying it is pleased the court has agreed to hear the case. both sides have been asking it to. and that it thinks the law is constitutional. georgia's attorney general who first was -- whose first act after taking office was to join the lawsuit also backing the

decision. the timing could be tricky for the white house because the justices will hear the case next year, right in the middle of the presidential election. a major focus for the nation's high court is the so-called individual mandate. this would require people to buy health insurance or face a penalty, so as expected, once and for all it will be the united states supreme court that tells us whether this thing is constitutional or not. well, there's a lot of attention today on new remarks from president obama about the u.s. economy as he suggests that america has gotten lazy about trying to attract foreign investment. remember, just a few weeks ago president obama said, quote, this is, you know, a great, great country that had gotten a little soft and, you know, we didn't have the same competitive edge that we needed over the last couple of decades. then a few weeks later he said, quote, we've lost our ambition, our imagination and our willingness to do the things that built the golden gate bridge and hoover dam and

unleashed all the potential in this country. and then just this past saturday, this was the message: >> we've been a little bit lazy, i think, over the last couple of decades. we've kind of taken for granted that people will want to come here. we aren't out there hungry selling america and trying to attract new businesses into america. megyn: brad blakeman is former deputy assistant to president bush, and dick harpootlian is chairman of the south carolina democratic party. brad, what's going on here? why the triple message? do you think it's an accident, or is it calculated? and if it is, then why? >> no, i think this is part of obama's apology. he apologizes for america, and then he scolds america. america's a great country, and the problem is we don't have great leadership. our leaders are mow mentarians, they live for the moment, but great societies provide for the moment and plan for the future. our presidents should be the greatest cheerleader, and instead he scolds america as being lazy. the 20 million people out of

jobs in america are not lazy, mr. president, it's because of your failed leadership to create the opportunity and unleash the ingenuity that is so great in our country both past and could be present and future but for your leadership. megyn: dick, the last time he said something like this, it led to a fair amount of outrage in conservative circles including this retort from conservative limbaugh. listen to this. >> people in this country have their imagination. the people in this country still have their dreams and their willingness to do things. you stand in the way. the federal government stands in the way. mountainous regulations. we did build the golden gate bridge, the bay bridge, the hoover dam and the empire state build anything ten years, and we did it in the middle of the great depression. you couldn't do it today. megyn: what do you do you think? >> well, i think rush needs to remember a lot of the things he just mentioned were built using

government money, stimulus programs, just the kind of programs that he opposes and brad opposes. and brad, by the way, you know, this president is trying to get us out of the ditch that your president -- >> oh, come on, stop blaming bush. >> no, no, no, come on. now, come on. >> that's exactly the problem. you blame bush. it's crazy. >> no, no. i blame bush because he created the economy. you blame obama because he can't get us out in three years what george bush took eight years to get us into. but more importantly this, rush limbaugh's criticism, i mean, this guy's talking about the american dream. the last dream he had, he was taking ox si codone. megyn: oh, come on, enough with that. >> analysis of where this country is and what this is saying to the congress and to the country is we face serious threats, and you can't face those serious threats if you're not focused -- which this

country is not. anybody dispute that? if this congress is not focused -- >> i dispute it. the american people are focused. megyn: brad, let me ask you because is it wrong for the president of the united states to identify genuine problems with america? now, you can debate whether he's got, whether he's identified a genuine problem. are we lazy? unambitious? unimaginative? we can talk about that. but if he genuinely believes that, is it wrong? should the president of the united states not be saying those things publicly? >> the american people are not lazy. we have great ingenuity. as a matter of fact, in the last 135 years the greatest inventions came from america. they didn't com from asia, europe or from south america, they came from right here. and we can continue that but for the policies of this administration. if they'd get out of our way, this economy would take off. it's because of this president's failed leadership. dick, by the way, he said if he was unable to improve the economy, that he deserves to be

a one-term president, and he will be. megyn: what about, dick, in the context of the latest remarks where he was saying we've gotten lazy not so much in terms of the hoover dam and so on, that was last time. but we've kind of taken for granted, well, people would want to come here, and we respect out there hungry trying to sell america and trying to attract new businesses into america. is in the way to do that, say we're lazy and unimaginative? is that going to help? >> and that is not what he's saying. what he's saying that we as a country, the government and the people, need to focus -- and business. when you see the head of ge on "60 minutes" a few weeks ago saying he felt a higher allegiance to his stockholders by shipping jobs to china than he does to the united states, that's what's wrong. >> but the head of ge is head of the -- >> whoa, whoa, whoa, let me finish, brad. i understand that. megyn: you always wind up at this point. this is one thing i think you agree on is that you decent like

jeffrey immelt, the chairman of ge. dick, you always rip on him and brad jumps in and says, you're right. >> we don't like him. barack, take him off that panel. [laughter] i think what is important to understand is he's representative of the rest of of the business community that would rather take jobs overseas. >> no, you're wrong. they want to keep -- >> i'm wrong? megyn: all right. >> they want to keep jobs here. >> mitt romney shipped 10,000 jobs overseas. >> the kind of job creation, so where are they going to go? is they look overseas because they have no other choice. megyn: all right, guys. >> two trillion in assets are not being used because of your failure to regulate our economy. megyn: president obama and his critics have been represented here adequately. jeffrey immelt, i don't know. all right, guys, see ya. [laughter] >> thanks. megyn: breaking news from the campaign trail as a new poll shows big news on the gop leaderboard. wait until you hear who's now in the number one and number two spots. plus, the first on what could be a number of civil lawsuits coming to penn state.

but an odd twist in pennsylvania law could limit where these cases go if they go anywhere. there are we'll have that in kelly's court. and next, new developments in the investigation into the disappearance of missouri baby lisa irwin. the family's attorney saying phone logs from the night she went missing prove her parents are innocent. detective mark fuhrman has some other thoughts right after the break. so the cell phones never got more than one-third of a mile away from ther wynn home? -- the irwin home? >> not according to the powerpoint presentation that the fbi showed to both mr. tacopina and myself on november 1st when we met with them for approximately three hours. last throw, prce.

and last chance at medicare open enrollment, too. what do yean? it ends december 7th. if you haven't reviewed your medicare plan oices yet, well, it's getting late. medicare gives you free cancer screenings and wellness visits, and 50% o brand name prescription drugs when you're in e donut hole... it's all part of the health care law. december 7th? i better get goin'! [ male announcer ] medicare open enrollment ends soon. cal1-800-medice or visit medica.gov to learn re. megyn: well, if you were with us on friday, you heard big news directly from the mouth of the i win family attorney in the case of missing baby lisa irwin. new detail emerged on the cell

phone records of this baby's mother. deborah bradley, the mother, and her fiance, jeremy irwin, claim that three cell phones were stolen from their home the night their baby disappeared. they said their phone's outgoing service had been restricted on that day due to nonpayment. now the attorney telling me and "america live" that the cell phone records here are critical. he says that they prove his clients' innocence saying there were three phone call made that night, one at 11:57 p.m. from deborah bradley's phone to the phone of a woman named megan wright, and two more at 3:17 and 3:22 a.m. checking deborah bradley's cell phone or at least attempting to do so. moreover, he shared a critical detail on how far those cell phones went from the irwins' home on the night the baby disappeared. >> we actually saw the phone records, we saw the ping records as well, and that part was not discussed. megyn: and the ping records,

where do they show -- how far away from the home did the cell phones get? >> anywhere from one-fifth of a mile up to one-third of a mile in a sort of a if you can visualize a baseball field from their house, and that's in the wooded area behind their house all the way down to the banks of the missouri river. megyn: so the cell phones never got more than one-third of a mile away there the irwin home. >> not according to the powerpoint presentation that the fbi showed to both mr. tacopina and myself on november 1st when we met with them for approximately three hours. megyn: well, mark fuhrman is a former lapd homicide detective and a fox news contributor. mark, i've really been looking forward to talking to you about this because the irwin family thinks this information, the phone calls and the location information on the pings somehow exonerates the irwins suggesting it supports an intruder theory. you don't see it that way.

>> i don't see that at all. i'm so glad that this information came out, i'm so glad that there was a call at 23:57 hours that evening and, remember, this attorney cannot even talk to his client because she was, she was blacked out, wasn't she? megyn: possibly. >> so he can't confirm any of this information. so when you look at this 23423:-- 23:57, that means the baby and the cell phone one hour and 20 minutes after she was done drinking and she was drunk, possibly blacked out, the suspect came into the house, got the baby, turned on the lights, found the cell phones, left the light off in the baby's room, exited out the front door and then hung around within about 600 yards to 350 yards of the house for the next four hours for what? and then one other thing, megyn, most people's voicemails have a

number code to get into it. you can have a number that you just push one number, or you can have four numbers or three numbers, whatever the code is. but you have to know the code. megyn: well, i don't know whether they successfully accessed the voicemail or if just an attempt was made. they dialed star 82 to try to access the voice voicemail, and i don't know what happened after that, mark. here's the thing. i thought in the discussion with him, you tell me whether i'm wrong, that fact was critical, the cell phones never left more than one-fifth of a mile to one-third of a mile, and the reason that seems so relevant is because if you've got the alleged perpetrator whether it's deborah bradley or an intruder having her phone at 11:57 p.m. and then having it again at 3:17 and 3:22 a.m., right? because those are the three phone calls, and never leaving the vicinity of th irwin house. why would an intruder break in, take the phone and then stay? it could be as close to one-fifth of a mile from the

irwin house for so long when you've got all these witnesses citing an intruder with the baby three miles away? so does that put to rest the thought that at least one of these witnesses that says he saw this baby at 4 a.m.? >> well, let's look at this first, megyn. everybody that we have been brought up in the media and every person that's been brought up by the police department has been cleared or they've moved on from including meg michigan wright, including dane, shane, whoever is in that house. so it doesn't make any difference. the one person who has not been interrogated since she changed the timeline, since this information was actually discovered and found is deborah bradley. megyn: mark, let me just jump in. how would it have gone down? 11:57, she makes a call to megan wright, why? never before has had her cell phone called that number. what do you think would have happened? >> i don't know what happened. i don't know if she dialed,

misdialed a number. we must remember she admits she was drunk. you're not going to get sober in one hour. she was drunk, blind drunk, blackout drunk. so we don't know what she was doing. but she was dialing her phone. if she was dialing her phone and she dialed the wrong number, then who tries to get a stolen cell phone's voicemail? we have a suspect, and he's trying to get the voicemail of the person that he just stole the baby and the phone from? for what purpose? megyn: well, what if it was this guy jersey who dated megan wrieg, and he breaks into the house and steals the baby, steals the cell phone, tries to call megan wright, sitting in a nearby abandoned house with the baby, and he decides to try to check the voicemail that megan wright called back? >> that's a quantum leap. let's just remember this, jersey

has been cleared. i would suspect he has taken a polygraph or had a hard alibi. and a hard alibi, he's in jail, he's under video surveillance with a time clock on it, he is in some place that a hard alibi or they gave him a poll -- polygraph. we can move on from him, he's not involved. megyn: the other possibility against the mother is at 11:57 she either accidentally or intentionally calls megan wright and then she decides to check her own voicemail. the theory could be she's out, she's doing something with her baby's remains, and she realizes jeremy could come home at any minute, she's got to see if he called the voicemail. but is it plausible within ten minutes she's doing something with her baby, and within ten minutes she's in bed and he sees her asleep with the stray cat and her sons sleeping quietly next to her? >> well, you have to do something when you've made a mistake. there's an accident or something intentional happens and you don't want to be caught, you

have to start playing. and certainly, we've seen her change everything several times. this is just another indication. now, look, you have a 6-year-old and an 8-year-old in the house that they didn't want interviewed. there's no doubt in my mind that a defense expert had them interviewed before they let them be interviewed before the fbi. how do you know what they heard? you don't. is she awake from the home? did they hear her come in? did they hear her leave? she is going to get away from the home so she can actually do something without the boys waking up, hearing or seeing anything. so this all fits in kind of nicely to not that she's exonerated, she is more -- she's deepened herself into this investigation even farther. and, megyn, you know, she has, in essence, already invoked her miranda privilege by not speaking to the police, by having an attorney represent her -- megyn: yeah. and we'll see. >> so she is basically saying, i don't want to talk to you, i want to stand on the fifth.

megyn: mark fuhrman, thank you. coming up, brian terry was murdered by a suspected cartel member carrying a gun supposedly under surveillance from the atfr now more than three dozen lawmakers want attorney generale holder to answer for his death. ? you enjoy that. i am. [ male announcer ] fiber beyond recognition. fiber one. but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the cold truth! try smart balance buttery sead. 's heart-healthier than butter.

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megyn: we are getting reports that tomorrow could be a big day in the growing fight between attorney general eric holder and the dozens of lawmakers on capitol hill who are now calling for him to resign. 39 republican house members, upset over mr. holder's handling of the gun-running sting fast and furious, are holding a news conference tomorrow afternoon demanding, quote, answers and accountability from the attorney general. trace gallagher has more from the breaking news desk. trace? >> reporter: yeah. the news conference is being organized by arizona republican congressman paul gosser. he and 38 of his republican congress members, his colleagues will actually call for holder to

step down. they also, megyn, want information about and furious, about when holder knew about it and what he knew about it. now, fast and furious, of course, allowed guns to cross into mexico with the hopes that they would lead to the cartel bosses. instead, the guns ended up in the hands of criminals and at crime scenes, including the scene of murdered border agent brian terry. and last week holder was asked if he apologized to terry's family. he said this. >> it pains me whenever there is the death of a law enforcement official, especially under the circumstances that this occurred. it is not fair, however, to assume that, um, the mistakes that happened in fast and furious directly led to the death of agent terry. >> reporter: not apologize then, but later did issue a letter of apology to the terry family. we asked for the doj to respond, they said they would not. instead, they sent us to

democratic members who supported eric holder, and we got a response from representative adam shiv who said, and i'm quoting here: >> reporter: he calls in the a political attack, the news conference tomorrow, 1 p.m. eastern time. megyn: trace gallagher, we'll be watching that, thank you. critics say uncle sam cannot force americans to buy health insurance if they don't want it. today the u.s. supreme court made a decision that could reshape the president's overhaul of health care just in time for the 2012 presidential election. plus, former penn state coach jerry sandusky charged with 40 counts of child sex abuse, and the civil lawsuits already starting to pile up. but there may be some bad news for the victims of this guy because of where the crimes took place. [ male announcer ] drinking a smoothie with no vegetable nutrition?

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megyn: fox news alert on the supreme court showdown that will most likely affect your h and who wins the white house in 2012. the supreme court saying it will hear arguments this spring over mr. obama's signature healthcare law. it aimed to reshape 1/6 of the american economy. it could come in june as we gear up to the peak of the presidential race, possibly shaking up the political landscape. shannon? >> reporter: this issue could be decide in the heat of the battle for the white house. one of the key issues is about that individual mandate. whether the government can require every american to have healthcare or pay a penalty.

if that mandate is struck down it will be problematic for both sides of the political ticket. >> even president obama if you go back if you are back when he was a candidate was not officially embracing a mandate. but it became part of the fabric of putting this law together and now saying it's necessary to do so. >> reporter: the justices will also consider the issue of severability, whether the law could stand on its own if the mandate was struck down. it's the funding stream for the entire healthcare law. one of the opponents believes they will win on the issue of severability. >> i was in the courtroom during

the 11th court of appeals where the obama lawyers said fit is struck down it will mean the end to obama-care as we know it because the funding mechanism will be cut out from under the program. >> reporter: but the white house is saying it's glad the court is taking up this issue and deciding promptly, and is feeling confident the mandate will be upheld. megyn: what about all the cases percolating up, most of which came down in favor of the administration, but not all of which. obviously the 11th circuit among them. >> reporter: one of the cases appears to be on hold. another one of the cases is not going to be taken. but we have a case that came out last week from the d.c. circuit it was in favor of upholding the mandate. that wasn't right yet. it wasn't here for the justices

to consider. but apparently they felt they had enough of the key issues at hand and it seems to be unprecedented they will hear four different issues on this law spread over 5 1/2 hours of arguments. normally you get one hour. we can't find a case in recent history where this happened. megyn: i think they gave extended argument during the texas redistricting case and that's when justice ginsberg fell asleep at the bench. shannon, thank you. on the same day we get this supreme court news, which is not unexpected, the obama administration announces it is moving forward with another part of the healthcare law, one it says will create new jobs. the white house unveiling a $1 billion grant program to train new healthcare workers. it's part of the president's we can't wait campaign.

designed to pressure the congress on the jobs program. a fox news alert. a republican candidates showing newt gingrich now tied with mitt romney for first place. mr. gingrich and mitt romney are tied at 24% for romney. 22% for gingrich and 14% for are herman cain. so romney and gingrich tied for first within the margin of error after the republican presidential candidates took a break from blasting each other and setting their sights on president obama instead. mitt romney warning that the president's stance on iran in particular could be putting america at risk. >> the president should have built credible threats of military action and made it clear the united states of america is willing in the final analysis if necessary to take military action to keep iran

from having a nuclear weapon. one thing you can know. if we re-elect barack obama. iran will have a nuclear weapon. if you elect me as your next president they will not have a nuclear weapon. larry sabato. from the university of virginia. we have heard so much of the republicans sniping at one another. and this saturday night temperatures debate seemed uniquely focused on one person and that was barack obama. smart of these candidates? >> very smart, particularly in foreign policy, megyn. that's an advantage for the incumbent president, it always is. he can say i have been there, i have taken those 3:00 a.m. telephone calls night after night for the four years of my term. and the challenger always has to contend with that perception among the electorate. i think it was good for the republicans in the sense that republicans and others tuning in

got a sense of where they stand on foreign policy. this will continue with other debates on foreign policy and the eventual nominee will be in a better position come the fall to stand toe to toe with president obama on issues they may not have dealt with. megyn: we get this cnn poll that gingrich and romney are running neck and neck. it's almost like the tale of two newts. what does he do on the debate stage and behind the debate stage. major garrett questioned him about it. watch this. >> mr. speaker, you said yesterday governor rosm any was a competent manager but you were unsure if he was capable of changing washington. you said you were the change agent. would you care to evaluate governor romney's ability to

think outside the box and change united states foreign policy? >> no. >> you said so last night. >> what was the point of bringing its up yesterday on a national radio show. >> i brought it up yesterday because it was a national radio show. we are here talking to the american people about why every single one of us is better than barack obama. megyn: you could say that's discipline. he won't go there. >> a tale of two newts. that's what each candidate should do. gingrich and romney are going to to it better than others. if you are going to make distinctions between yourself and others don't do it in the national debates. republicans want their party to be unified. they know it will be tough to defeat president obama next november. it's always tough to beat an

incumbent president. if you are unified you have a chance. megyn:er. >> seeing mr. cain move down in the polls since the sexual harassment allegations came out. he's down 11 points since last month. how do you see this panning out in terms of cain, gingrich, romney. >> romney has had a problem getting over 30. there have only been a few polls where he got over 30. his chances of winning depend on keeping all these people afloat. one challenger to romney will move up and another challenger moves down. it's gone with bachmann, perry, cain, now it's gingrich's turn. but the key is to keep them all in the race, to keep the anti-romney vote divided. megyn: it's his benefit to keep somebody like cane there are the

race taking votes away from gingrich, and not so much romney. mr. gingrich who was counted out in the summer has seen a resurgence. the average price of gas is trending up at a time of year when gas prices are typically going down. gas is up at 53 cents a gallon over what it was last year. some analysts are pointing to this financial crisis gripping europe. saying the price of crude could continue to skyrocket. just in time for thanksgiving. speaking of europe's debt crisis, the federal reserve in america is issuing new warnings that u.s. banks could take a major hit if european economies continue to father. elizabeth mcdonald of the fox business network has that.

does anyone know what our exposure is depending on what happens in europe? >> reporter: no one really knows. they are worried european contagion could wash on our shores near the united states. the estimates are wide ranging. they range from $100 billion to almost $800 billion in terms of u.s. banks' total exposure to the european debt crisis. the fear is that the u.s. banks will take a hit, they will need more government taxpayer money. they will be back in the government emergency room. this new round of stress tests is an indication they are more worried than previously thought about the zone * debt crisis. megyn: you get lloyds of london and hook it up to the man towards and they run on the

treadmills. it's like bern man key looking at the numbers? bad, bad, cut out the steak and butter? >> reporter: no sub trial zone * bond debt. megyn: my eyes are glazing over. >> reporter: we had sub prime mort gauges and bond debt. we have bad sovereign debt that maybe banks will have to take a haircut. greece is calling for a 50% haircut on its bonds which means they are essentiallily worthless. they don't want the banks back in the emergency room. you know how many pundits in the media criticized the banks for sitting on $2.5 trillion in cash? occupy wall street. well, there is a reason for that because the exposure to possible really exposure to problems in

europe and our housing crisis in the u.s. back to you, may dan. megyn: they don't want to lend that money out. it's kind of impossible right now. the child sex abuse sandal rocking penn state university. and the loophole that could prevent many of this man's alleged victims from seeing justice in civil court. the middle east nuclear arms race. iran stand on the brink of building a nuclear weapon. is washington letting you down? if so you are not alone. frank luntz in an eye opening focus group just ahead. >> incompetent, corrupt. >> bickering. >> scary. >> status. >> ineffective. >> arrogant. >> out of touch. >> complicated. >> they forget they are working for us. >> our tax dollars are being wasted. that's the biggest thing with me. [ artis brown ] america is facing some tough challenges right now.

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>> i pledge allegiance to the flag of the united states of america. and to the republic for which it stands ... megyn: one nebraska state senator taking a stand for the united states pledge of ashe against. he has introduced a bill requiring the students to say the pledge and have a flag in every classroom. nebraska is one of six states that does not have a law on the books that deals with this issue. president obama says every option is on the table as he defends his strategy of using sanctions to keep tehran from

use bailgtd nuclear bomb. but that could be tough to push through without backing from countries like russia and china. >> the iranians, if they develop a nuclear weapon, the whole region will want a nuclear weapon. then you march count road of armageddon. that's the world we live in. but now their capability is so redundant you would have to do more than go after the nuclear program. you would have to destroy the regime. sing their navy, and -- sink their navy and destroy the national guard. megyn: walid, thank you very much for being here. you have some bombastic language

from lindsey graham. but does he have a point? >> the senator has a point and that's pure logic. what we are dealing with here is not an iranian regime thinking about it, looking at the measurement of those sanctions and thinking about whether they are going to go about it. they are determined. they want to establish a balance of power with saudi arabia and the united states and they have a program. and for them to have this expansionist program they need to have delivery systems. there where i think is the problem of the iranians. megyn: what do we need russia and china to do? there are already sanctions in place. these two have been dragging their feet because they do business with iran. what can we expect from these

two countries. president bush wasn't successful with them getting on board and neither has president obama. >> remember the position of the russians when we started to escalate in libya to help nuts security council? when did they change positions? when the libyans surged. when there was a revolt in libya. that is a real answer. it would be difficult for russia and china to say i'm going to, the regime only. megyn: have we missed that opportunity? it was back in '0. and we did nothing -- it was back in '09. >> that's true. not only we didn't do anything. we sort of signaled to the regime that it's okay to continue to suppress your own people is fine. that encouraged the regime to go after the movement and suppress

them. we have to support the movement in iran and continue the escalation with economic sanctions and be ready for any other eventuality. megyn: increased sanctions, more and more, will we get to the point where regime change happens because the people will get so fed up with life inside iran they will insist on a leader who is more western? >> sanctions alone won't do it. you have to have activities against their security and intelligence. make sure to support the opposition even without waiting for the re zwreem suppress them. and at last if the iranian regime does any venture in the gulf, stand with our allies against the regime. megyn: it's easier to cite six

to say his greatest feeling from a foreign policy standpoint has been iran. if we re-elect barack obama iran will have a new weapon mr. romney said. isn't the same political reality with russia and china face any american president? will it be any different if we have a president who at least in language is willing to threaten that we would bomb iran. >> if reagan was here in 2009 he would have supported the revolution. he would have said tear down that wall. that would have given us four years into the process. megyn: thank you so much. new developments today in the search for a missing toddler in state. we are live on the scene of the latest search. police say their investigation is about to take a big turn.

there was an emotional gathering for a murdered border patrol agent.

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megyn: an emotional weekend for friends and family of murdered border agent brian terry. the former u.s. marine and police officer was killed when his unit was am burden by mexican drug cartel workers. the weapons were traced to the botched gun running scheme. mr. terry's family was honored by the show of support.

>> it many a brotherhood. any law enforcement officer would tell you it's a brotherhood. it's an honor for them to come here and tell the truth. what they are doing is very brave. megyn: the proceeds from the event will be used by brian's mother for travel-related expenses. police in washington state are questioning a mother's story about her missing son. the 2-year-old disappeared last weekend after his mother said she left him alone and went to get help claiming her car ran out of gas. but police say her story does not add up. for one thing it wasn't out of gas they say. they are considering turning this case into a criminal investigation. dan springer is live in washington with more. >> reporter: bellevue police are still looking for that big break in this case. we asked if they were close to shifting this from a missing person's case to a criminal

investigation. they say they are not quite ready yet. >> all theories are still viable and we are pressing forward with nothing ruled out at this point. >> reporter: over the weekend there were two large-skill searches. one saturday involving 140 officers. sky's mother has been the focus of this investigation because police easily poked holes in her story about the disappearance and she is refusing to do a followup interview. her estranged husband spent the weekend passion out 800 flyers. the last time he saw sky was 11 months ago because of an ugly divorce and custody battle. sky went missing a few days after he got visitation rights in a settlement the mother wanted to back out. police say there are only 150 members of law enforcement

working this case. we have learned one country is ukraine where the mother was born and still has family. the hope is sky is still alive and that she has somehow gotten somebody to take him and hide him from the father. an ugly divorce and custody battle. and the hope is she is hiding him somewhere. but the alternative is something terrible happened to him and she is trying to hide the facts from the police by lying to them. back to you, megyn. megyn: more lawyers getting involved in the child sexual sea intriews scandal. the man at the center facing criminal charges is now facing criminal charges. but there could be bad news for the alleged victims because of where these crimes allegedly happened. are the lawmakers on capitol hill letting you down? frank luntz and his eye-opening focus group next. >> the latest national numbers

have congress at a 9% job approval rating. moammar qaddafi had a 50% approval rating and that was among people who killed him. let, find out word or phrase to describe congress. [ male announcer ] just how many appliances

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megyn: making history in mississippi. republicans winning a majority in the state house of representatives. that hasn't happened since reconstruction 140 years ago.

new video capturing scenes of violence in syria. so far the u.n. estimates 3,500 people have been killed since the government began its bloody crackdown 8 months ago. a band of heavy snow covering parts of north dakota making road constrictions extra slippery there. as the date deadline moves, the bipartisan super committee has less man 10 days before the automatic cuts kick in. how do americans feel about the job our congress is doing? >> a word or phrase to describe congress. >> antagonistic.

>> pass. >> you have no opinion about congress? >> inflated egos. >> gangsters. >> dysfunctional. >> incompetent. >> you have got people that can't make decisions. they keep saying i have got republicans holding me up. look at them, don't look what i do. don't look at me, don't look at my hands, look at the next guy, i'm doing better than him. >> you are one of the youngest people here, do they represent you? >> no, they do not. ultimately it goes to special interests. congress has conflicted views whether foreign or domestic. they are not really for us. the more and more government gets involved in our lives the more we'll see lobbies and unions and organizations and such and it will get worse. >> how many of you think congress overall represents you, raise your hands. one person. defend congress. >> i think we are fortunate with

ohio with our congressmen and i think they are working hard. but they are conflicted hearing different views from those sides. >> you said congress, not our congressmen. i like our senator jeff davis and rand paul. i like both of them. they are caring people and i support their issues and they support mine. but some of these other people, nancy pelosi, i wouldn't help her change a flat tire. >> d.c. is like vatican city. once they go there it's world where they don't realize what goes on in the rest of the country. >> congress' job is to represent us and they are not doing their job. >> how many days have they been in office, over 900 and they haven't passed a budget yet? my household would be in dire straits without a budget. >> they encourage division. the executive branch encourages

division. they make it like a sports team. who can get more people to cheer for them. >> this is really a sporting contest. >> it is, it's a game. >> we heard it before that people love their congressmen and hate congress. i think that's not going to change. i have been voting for 30 years and i have never seen congress more broken than it is now. >> do you agree with that? >> broken? there is not enough pieces of the puzzle to put the picture back together. >> basically we are in a situation where we are fighting for the life of our country. left versus right, liberal versus conservative. we have a republican congress and senate of democrats. they aren't going move until we tell them to do it. >> are cowan if i dent with if the future? yes or no. >> no. megyn: wow, that last q and a

tells the story. >> when i walked away from think was depressed. i say to those people you have no idea how many people tune in to fox. you have got to understand just because people watching to you and tell you they like you and pat you on the back, doesn't mean the silent majority of people out there aren't frustrated with what's happening. they blame it republicans, they blame the democrats. they are suffering. 9% unemployment. the average household has 2 people withinr. which means 18% of americans have sun employment their household. a third of americans are afraid they will lose their jobs in the next year. and all they sighs the politics and posturing. they are saying, hell no. megyn: disconnected, income tent. gangsters were some of the words the panel used. is it partisan? do they feel this way about both the republicans and the

democrats? >> we only put the words on the air that we are allowed to based on the fcc. you should have heard what they said when the cameras weren't rolling. they actually credit the republicans -- they believe in the republican position on the debt and deficit and taxes and wasteful washington spending, but they don't like what they see as republican intransagainst and unwillingness to cooperate. they question the motives it's an issue of communication. i don't think the people in washington understand that. while these people are fighting for principle, what the public hear is is they are fighting for politics. megyn: you talked to folks -- do you feel let down. do you feel like washington is letting you down. how and why. i want to play some of that here. >> give me a word or phrase to describe washington. >> incompetent. >> corrupt. >> bickering.

>> scary. >> status. >> ineffective. >> arrogant. >> out of touch. >> complicated. >> arrogant is a pretty strong word to use. they think they are trying hard. both the white house and congress, yet you say they are arrogant. >> that's not what i see. megyn: well, just some technical iys there. but the bottom line is they do feel let down by washington. what do they plan on doing about it? >> i would say they feel abandoned and betrayed and what they plan on doing. they are paying attention, they are watching cable news programs. they are planning to vote. i think we'll have a high voter turnout. hell hath no fury like voter scorn. i think we'll see a huge influx of voters in this campaign cycle. megyn: huge influx of interest in the next voting cycle. but what specifically, frank?

when we were leading up to the mid-term elections in 2010, they were ready for a change. this time they got the same congress that they just voted in a year and a half ago when they go to the voting booth it will be two years ago. do they punish anybody who is an incumbent and is that true of the new tea party house republicans all the way up to the white house or do they seem more focused than that? >> we had a wave election in 2006, 2008, and 2010. you can't show me any time in the last 100 years where you had four straight election whereas they threw out incumbents. i think that's going to happen again as well. they expect openness, say what you mean and mean what you have say. megyn: you are going to be doing this this saturday night when you ... >> when i moderate --

megyn: i'm doing this with my 2-year-old son to get him to use words. i'm practicing on the air. >> it's nice to know my language is after of a 2-year-old. 6 presidential candidates will be at a special candidate forum. and it's going to be a values debate. it's 5:00 p.m. east coast time, 4:00 p.m. central time in iowa, in des moines. we are e expecting 2,000 voterso be in attendance. i have two hours with them to ask them some poignant questions. the first one will be, you hope a year from now to take the oath of office which end with so help me god. when you utter those four words, what do those words mean to you. those are the kinds of questions we'll be doing. megyn: how can people watch it? >> they can tune in through the family leader. they can actually attend. it will be a dramatic evening. then on fox we'll have the best clips of it the following week.

so saturday, 5:00 p.m., des moines, family leaders. and hopefully i won't mess it up. megyn: it was good seeing ... >> me. you. you know what? i have got to go back to being 2 years old again. megyn: thanks, frank. it works. yesterday you were only the subway. he said downtown train. i said no we took the downtown train. now we are going, you know, go ahead and say it. moving on. well were first solyndra, now smallpox? new questions over a multi million dollar government contract to develop a smallpox drug some say we don't even need. coming up next in "kelly's court," why a loan hole in the pennsylvania legal system may

prevent some victims from ever seeing justice in a civil court. >> i feel so horrible for those victims. and what he -- what he did is just despicable. and i hope that, you know, the extent of the law, you know, takes care of him.

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juice is. joining me, mark eiglarsh and aidala. what we are seeing is criminal charges and already the attorney for the first abuse victim is saying we are going to sue and there will be many lawsuits against penn state. jerry sandusky and other individuals who knew and did nothing. but there is a question about whether these lawsuits can be brought because they may not be timely. tell us. >> there are two issues. one has to do with the statute of limitations and one has to do with sovereign immunity. in every state we give special consideration to victims of sexual abuse when they are

children because they can't appreciate when the crime took place. but pennsylvania has a law that gifts 50 years for them to outcry. which in my experience is the longest of any state. megyn: i thought it was a total of 30, to age 30. >> i thought it was 18. >> it won't adversely affect the victims in this case. megyn: the deal is, you have to bring the suit by the time you are 18. but there is a tolling so they have to file by the time they are 30. so all the victims will be able to sue here, mark? >> that's my understanding based on the age of the victims. i want to talk about whether these kids are too old or too young. the law as i understand it in pennsylvania says you have got until 12 years after your 18th

birthday but only if the abuse results from forcible compulsion and there is a question about whether -- whether they can prove that these children were forcibly come pulsed to submit to the abuse? >> i looked at all the facts and the law. i think under this issue they will prevail. i don't think that will be a problem. >> i got confused. the oldest statute in the country allows victims to be almost 50 years old it wasn't pennsylvania. but pennsylvania does give victims a very good time frame to figure these things out. and it's basically with the exception of murder where there is no statute of limitation it's the greatest statute of limitations out there. megyn: let's talk about sovereign immunity. they don't want taxpayers to

have to be paying over and over. penn state, if it's a state university, so does that make it a government university for purposes of getting immunity from these lawsuits? >> it's not. what i read is they are considering it a state-related university. and as sumpt sovereign immunity doctrine does not apply. they are not protected. megyn: do you agree with that arthur? >> that's been prove in the court. that's settled law. megyn: we think the victims will be able to sue. now i want to talk about whether they can bring the lawsuit in particular the administrator hospital covered it up. if sandusky did this, he can get sued. but. [ rge ] psst. constated? phillips' caplet use gnesium,

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megyn: curly and schultz have been charged with lie together grand jury and criminally charged with failing to report. because they were informed of his alleged conduct and didn't call the cops. can they be sued civilly? >> absolutely and i hope they are. this goes back to 1990. he admitted i showered with victim number 6 and the description of we did to that child didn't go any further criminally, but school administrators knew. i don't think it was a coincidence months later sandusky retires and they allow him on the campus. march 1, 2002. mcqueary, the 28-year-old

gentleman who sees sandusky performing a sex act on the child, he then doesn't break up what's going on, he doesn't call 911. he's not a 14-year-old child who is stunned. he goes to his daddy and he tells his daddy, his daddy says talk to joe. the joe the next day is informed. joe doesn't do anything until the next day march 3, and then it wasn't until the end of the month these two guys, schultz and curly are told of what happened, and they don't do anything. will a jury find this is reasonable conduct? the answer is no. megyn: arthur? >> if i'm placed in the untenable position of representing the insurance company representing them or representing the school regarding these two individuals, my argument would be regarding the first victim who mark speaks of that they had no idea this

was happening. and what sandusky was doing was not in the scope of his employment. it's not like while he was coaching he did something wreck last that hurt them. so they should not be liable for those acts. megyn: some of these guys pet their duty to inform and some did not. this guy mcqueary reported it to his superiors but he didn't report it to the cops. is he immunized from a civil suit? >> he has to do with the employee handbook tells him to do. joe paterno is in the same position. it may not be admissible in public opinion, but in terms of the law. >> i say there is 131 million reasons why they didn't let this go public. that's how much they made in

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