safe in your mind if you're after me, you're in big trouble. >> you go, helen. martha: she whacked the two teenagers who tried to grab her bag. >> have a great day. jenna: this fox news alert. hundreds of police officers forcing protesters out of a new york city park where the "occupy wall street" movement began. we're glad you're with us. i'm jenna lee. jon: might be the beginning of the end. we're here "happening now.". police move into zuccotti park. about 70 protesters were arrested including a group that chained themselves together. the eviction spawning legal fight this hour between the city and protesters. our jewel banderas is live in lower manhattan where the protesters are on the move at least for now, julie? >> reporter: they moved

north from here to foley square tonight and this morning. just moments ago in fact they marched back here to zuccotti park and where they occupied and literally parked here overnight and camping out here for just about two months now. we have video to show you what that looked like. all is calm. no arrests since they returned but they're not being allowed to get back in. moments ago, these protesters started marching back here. some tried to get back into zuccotti park where they have been camping out. the nypd is still here in large force. keeping them contained to the perimeter. they're marching outside the perimeter in circles chanting they have the right to reoccupy the park. several actually jumped over one of the barricades set up on the sidewalk but was unable to get in. you have can hear them chanting and asking for the police to. police have gotten strict orders from the mayor michael bloomberg to basically keep them out. in an overnight raid

green-lighted by new york's mayor, hundreds of, sorry, apologize. i just had a photographer try to run me over. hundreds of new york city police officers cleared zuccotti park, the birthplace of the "occupy wall street" movement for nearly two months. at least 100 people were arrested overnight. including several of them literally chaining themselves to one another. some teenagers actually chained themselves by the neck on to trees using bike chains. the police had to break those to get them out. city officials did warn the demonstrators the park would be cleaned and restored of the those who did not leave would face arrest. officers moved in. they began tearing down the tents and according to mayor bloomberg, they're not allowed back in with those tents. the park will reopen but that is where this now legal court hearing which will occur at 11:30 to come up exactly answer the question whether or not they will be allowed back in with those tents. here is mayor michael

bloomberg just moments ago. >> the first amendment protects speech. it does not protect the use of tents and sleeping bags to take over a public space. protesters have had two months to occupy the park with tents and sleeping bags. now they will have to occupy the space with the power of their arguments. >> reporter: and so that court hear something scheduled for 11:30 this morning. lawyers representing "occupy wall street" essentially asking for a court order to get these people allowed to go back in with their tents. the mayor says it is unsafe. it is unsanitary. these people have been living here almost two months now he has allowed it. now there will be new rules according to the mayor. we'll wait and see what a judge decides regarding that. back to you. jon: will be interesting to watch what rebuilding because you know they will try it. thanks very much, julie banderas. jenna: a new twist in the sex abuse scandal rocking penn state and really the entire country at this time. former coach jerry sandusky

is defending himself saying in a new interview he quote, only horsed around with his alleged victims. david lee miller live in the university park, pennsylvania. he has been covering this since it broke. david lee? >> reporter: jenna, it appears jerry sandusky didn't do himself any favors appearing on nbc in a telephone interview. it made the front page here on the college newspaper. you see the headline, sandusky claims innocence. despite his claims of innocence, few here at penn state believe him. listen. >> pretty clearly i think he's guilty. the stories are not necessarily convoluted. i think they're pretty straightforward. seems like he is guilty. >> he is absolutely guilty i think. the interview said i think it is even gross that he says he is innocent. >> if i was told he was killing people and burying them in his basement, it is that horrendous. >> reporter: there is another report this morning that says more victims have come forward. this one from "the new york times" citing unnamed

sources. the attorney general's office here says it will not comment on an ongoing investigation and lastly nbc news yesterday released what it says was an e-mail written by mike mcqueary. he is the witness cited by the grand jury who claims in 2002 to have witnessed alleged abuse between sandusky and a young boy. the e-mail that they say mcqueary gave to friend read, and i quote, i didn't just turn and run. i made sure it stopped, talking about the abuse. now if you look at the grand jury's pre-sentment it clearly states that the witness, who is mcqueary, told the grand jury, quote, the graduate student left immediately distraught. so there is a very clear discrepancy here. either mcqueary was lying to the grand jury or he was lying to his friend in the e-mail. both accounts can't be the truth. jenna? jenna: different parts of the story to work out. we'll run part of the

interview sandusky had last night with nbc and working through it with a panel. david lee, thank you. we'll get back to you as news warrants. jon: the so-called super-committee is meeting behind closed doors in washington. this bipartisan group of 12 is tasked with our nation's growing deficit but tensions are mounting as members head into their final work to come up with a plan. chief congressional correspondent mike emanuel live for us on capitol hill. what do we know about the meeting this morning and where things stand, mike? >> reporter: jon, we've been told super-committee republicans are going to meet at this hour to discuss where things stand. we've been also told to expect one or more of the democrats may offer a proposal of their own but it is not clear if you will a the democrats are on board with that. they heard they are not necessarily unified on all points. as for the calendar situation we're looking at we go the update from super-committee democrat javier becerra. >> in terms of time, i don't

think there is any doubt that the clock is ticking and if we don't, if we don't move fairly soon, we're not going to get to take a good shot at the basket to beat the buzzer and i believe that, this could be a magical week. >> reporter: basketball reference there. on the republican side we heard republican leader in the senate mitch mcconnell talk about finding common ground. take a listen to this. >> this is how divided government works through real cooperation and a search for common ground and solutions. this is what republicans on the joint committee have been trying to do for the past several weeks. it is what house republicans have been doing all year. >> reporter: of course finding that common ground has been elusive so far but everybody recognizes the calendar, the clock are winding down, jon. jon: despite that there is

some expression of cautious optimism i guess you'd call it from a key member of the administration. tell us about that. >> reporter: it was fascinating. the budget director, jack lew was talking about where things stand with the super-committee and he did sound rather upbeat. take a listen. >> i have never seen something complicated done before the last anyone in washington. so this week, the next few days are critical. i'm not going to sit here and say i think it is 90% likely a big deal comes out of the super-committee but i think it has been written off prematurely. >> reporter: so the task at hand is coming up with at least $1.2 trillion in savings by november 23rd. thanksgiving deadline. some lawmakers on capitol hill don't think that is nearly enough so there is going to be a bipartisan push today calling on the super-committee to go much, much bigger, in the range of $4 trillion. jon. >> the go big plan. we'll keep an eye on that one as well. mike emanuel. thanks. jenna: twist and turnses.

enough through our first block of show. seems to be a theme. we'll talk about the twists and turns in the hunt for baby lisa. the latest as her parents get ready to move back into the family home, again searched by police. we'll find out the latest there. a brand new investigation into operation "fast and furious". that is the botched government sting that sent guns into mexico and in some cases right into the hands of criminals. that new investigation is not without new questions. congressman darrell issa will be here live with his take next. the best approach to food is tkeep it whole for better nutrition. that's what they do with great grains cereal. they steam and bake the actual whole grain while the otr guy's flake is more processed. mmm.

great grains. the whole whole grain cereal.

jon: right now some new information about that mysterious phone call we've told but made the night that the baby lisa irwin disappeared in kansas city. rick folbaum live with more on that. >> reporter: jon, we told you last week about the phone call. it was made from a cell phone lisa's parents say was taken from their house the same night their daughter disappeared t was placed to

a woman named meagan wright. wright claims she never got the call. she says one of her house mates got it. investigators working for lisa's parents, an investigator bill stanton, says that call, who placed it and why is the key to proving that the parents had nothing to do with their daughter's disappearance. now investigators actually working on the case have spoken to wright and they are now saying that they would like to talk to the housemate who allegedly took the call, a man described as a drifter. but they say that neither one of them is a suspect at this point. meantime lisa's parents, jeremy irwin and deborah bradley, set to move back in their house. they haven't been living in the house for the past seven weeks or so, their now 1-year-old daughter was taken in her crib in the middle of the night october fourth. more than 1,000 leads in this case. so far, jon, no break. back to you. jon: no closer to solving it would seem, rick, thank you. jenna: well the office of the inspector general for the department of justice is

continuing its on going investigation into the "fast and furious" gun-running scandal but the scope of that investigation is raising some concerns for some lawmakers including our next guest, republican congressman darrell issa. chairman of the house committee on oversight and government reform and obviously been very involved with looking at this operation, "fast and furious" from the beginning. congressman, why do you have concerns about the investigation headed up by the inspector general? >> well, from the beginning this inspector general has shown signs of working for the attorney general rather than for the american people. she has been guilty of leaking information that has interfered with our investigation. so we have concerns. moreover, if this delays the investigation by trying to look backward to see if the bush administration did equally or similarly bad things, it really doesn't accomplish much at all when in fact what we're trying to do is get a policy change in this administration and quite candidly we'd like to

get the kind of sincere apology for the terry family that really hasn't come yet. jenna: what would you like instead of this inspector general investigating? would you like another investigation going on simultaneously? what are the alternatives? >> i think you hit it on the head, operation wide receiver a seemingly flawed and closed and announced to be a failure program that occurred under the bush administration certainly needs to be looked at to be fully vetted and we are also looking at it. this was a program done with the mexican government. it was done in comparatively plain sight and it was closed before eric holder and the obama administration came to office. so i think it is separate. certainly we want to look at it. we want to look at misconduct done by this government that affects the american people because that's what we're charge to do but in the case of "fast and furious" we still have thousands of weapons in place. eric holder just a week ago tried to say that the connection between brian terry's death and the two weapons from "fast and furious" found at the scene was tenuous. he wouldn't even admit that

in fact fast and furious led directly to the death of brian terry. he seemed to want to obfuscate that. that shows we really need to get some sort of change at the department of justice and in the ag's office or we're not going to get the kind of change american people can believe in. jenna: you're still calling for the resignation of eric holder? >> never called for the resignation. unlike the president i don't have full confidence with eric holder but i want to work with whoever the president has confidence in to make real change. yes, i believe eric holder should have taken responsibility for failures on his watch as lanny breuer to a certain extent has. more importantly should have made a sincere apology to the terry family for his justice department's actions led to the death of their son, or cousin various family members. he didn't do that. i'm deeply disappointed of that, that is kind of change, the sign of change that american people believe this

is admission this was wrong and wouldn't happen again. jenna: if i play the other side the american people want a system that works. that is the argument of the other side. regardless who you have in office what "fast and furious" shows is a dysfunctional department. people not talking to each other. things happening that shouldn't be happening and no one really held accountable for an operation that goes wrong. that is why some are suggesting you look back and see a pattern going back to the bush administration. that is systemic problem no one is touching on. how do we address that, congressman? >> i think first of all there are some big differences. we have in our preliminary look at operation wide receiver we determined that they were coordinating with the mexican people. they tried to intercept weapons. allowed them to walk, if you will and then intercept them on the mexican side of the border. after failed attempts to coordinate that, they abandoned the program. was it a failed program? yes. would i like to see this kind of loose, attempt to follow weapons never done in the future? of course. but it was very different.

under "fast and furious" they refused to let the ambassador in mexico city or their own agents in the mexico city know about it, much less the mexican government. these weapons, they didn't try to track them. they simply let them walk, in hopes they find them at crime scenes south of the border. what happened they found them at crime scenes, both south and north of the border. jenna: let me be clear. do you think there should be any gun walking operation at all moving forward? >> never. jenna: never ever. >> never. jenna: no matter what administration is in place, the bush american station was also wrong having this type of project although different, the bush administration is also wrong for having that type of operation happen? >> if a weapon is allowed to leave a gun store, it has to be in a way in which it is constantly tracked and there is a high, high likelihood that it can not be lost and put into wrong people's hand permanently. if those safeguard are not sufficient, then a weapon should never be allowed to move one foot. if you can have absolute

tracking and safety of course we understand why they may want to follow a gun purchaser to his next stop. but it is very clear that the systems that you and i think of, the sort of james bond systems of absolutely knowing where the weapon is and tracking it, although they exist, they haven't been used and not using them is inexcusable. jenna: still a lot of questions about this operation and we're going to continue to follow the investigation, congressman. always nice to have you. thanks for spending time today. >> you're most welcome. jon: the supreme court paves the way for what is sure to be a battle royale over president obama's health care plan the final word expected to come snack dab in the middle of election season. so how will that shape the future of the 2012 race? plus as police in washington state step up the search for this missing toddler, new details coming to light about his mother's past.

jenna: welcome backs, new information on crime stories we're keeping an eye on for you today. starting off at the university of north carolina and wilmington, students are now free to move around on campus. that was not the case earlier today following an armed robbery at a nearby restaurant. that robbery happened late last night. school officials have added extra security as police search for the alleged gunman we still understand still on the loose at this time. the mother of a missing toddler in new york state, seen on a dating website listing her as a quote sugar baby. the bellview, washington says her son disappeared after she left him alone in a car after looking for a gas station. a connecticut judge has decided to allow a jury to view videotape ofed a testimony of a 9-year-old girl.

that girl's father is convicted after murdering a woman and her two young daughters during a home invasion. attorneys for josh waa komisarjevsky are hoping her testimony will persuade the jury not to sentence him to death. jon: new information on the supreme court taking up the centerpiece of the president's domestic agenda. that massive health care overhaul passed into law. the big issue, whether the individual mandate which essentially forces each and every american to buy health insurance, whether that is constitutional. the american center for law and justice, or aclj, is now getting ready for the high court battle as it prepares to represent more than 100 members of congress who oppose the controversial law. jay sekulow, is the chief counsel for aclj your argument, we should point out you've argued in front of the supreme court before, your argument to the court why the individual mandate is unconstitutional in your

view boils down to what? >> basically that there is no authority under the constitution that would require, or allow the government to mandate or require that an individual citizen buy something as basically the cost of sis set shin. what you've got here, if you don't participate in this program and the government insurance program, with the government health care program you suffer an penalty enforced by internal revenue service. we never had a case, even judges that said this law is constitutional have acknowledged there has never been a case where this kind of situation has ever developed and been allowed. that is, requiring someone to acquire something simply as a cost of being a citizen of the united states. there is no return benefit here. not like if you get a driver's license you have to have drivers insurance. that makes sense. you're getting something. here it is the cost of citizenship. the question is there congressional authority, jon, for congress to do this? our position is no. our position is one thing. it will be what the supreme court of the united states decides.

jon: comparisons have been made to things like seatbelts. if you want to get a drivers been or keep your driver's license the state says you have to wear a seatbelt these days. not a fair comparison? >> you're getting a driver's license. the question i ask what are you getting here? this is really cost of citizenship in the united states. tough participate in this program or you're penalized that raises a whole host of issues not the least of which is there constitutional authority that allows congress to do this? the courts have been split. it is not falling on idealogical lines the 11th circuit for instance held the law was unconstitutional in the main part. it was clinton appointee joined ma majority opinion. most recently in the court of appeals it was republican appointee thought it was constitutional. it is not following along idealogical lines. this is what congressional power and that's what they will deal with in five hours of oral argument. jon: you have 100 members of

congress who you're representing. they don't like the way the thing passed. hey, they are the elected representatives of the people and they got shot down when this thing got voted into law. >> right. but that's why we have judicial system in the united states. congress certainly has the right to weigh in, especially those dissenting members of the united states congress, those that opposed the bill. they have the right to go to court, file a brief with the court expressing their view. that is about 106 members of congress made the increase. they have the right to do that. clearly that is what is being done here. this was very controversial bill. nancy pelosi says we'll not know what is in it until it is passed. we know what is in it. they're requiring cutbackses in the bill, the law. we're given exemptions to various groups. a lot of labor groups, that were supporting the bill being exempt from its requirements there is all kind of mechanical problems with it. what the supreme court is dealing with not the mechanical issues but constitutional issues. they have accepted here, jon, every single issue raised

challenging it from both sides. it is a comprehensive review where the law will be here. jon: people will hear a lot about the serm severability as the argument proceeds. can you give us a layman's explanation of severability. >> you're right. what severability means a portion of held unconstitutional doesn't mean the rest of the law is unconstitutional. congress will often times put a several rablt clause. if the statement is it declared unconstitutional the rest survives. they didn't do that here. the supreme court asked for argument on severability. if the court decides the individual mandate is in fact unconstitutional violates the commerce clause what is the effect of the rest of the law? that question will be argued. i think over an hour of oral argument dealing with that issue. severability issues will be a very significant aspect of this case. jon: your argument will be, the president says everybody has to have health insurance.

your argument will be if you can't make everybody buy it the whole argument goes out the window? >> the administration honestly said without the individual mandate the law doesn't work. from a practical consequence the law wouldn't work if you take the individual mandate out. that not the same as legal consequence. what the cord will be dealing with if you don't have severability clause in the legislation. congress could have put it in there. if one portion goes down the rest is unconstitutional. that will be our argument. jon: jay sekulow from the aclj. >> thanks, jon. jenna: lot of things when it comes to that argument. jon: this is a barn-burner. jenna: big story for the next year or so. june is when we should hear some sort of decision, next june. jon: remember all the arguing during the first 18 months of obama administration and it is not over yet. jenna: a little deja vu. how about deja vu on this? they received two of the largest bailouts during the financial crisis.

mortgage giants fannie mae and freddie mac in the spotlight over big bonuses to their ceos. we'll have the latest on that. all eyes on washington on the so-called super-committee. how super can they be? can they get a deal done in time? new calls from their fellow lawmakers to go big as time ticks away. [ male announcer ] you love the taste of 2% milk. but think about your heart. 2% has over half the saturated fat of whole milk. want to cut back on fat and not compromisen taste? try smart balance fat free milk. it's what you'd expect from the folks at smart balance. and started earning loads of points. you got a weather balloon with points? yes, i did. [ man ] points i could use for just about anything. ♪

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government-backed companies continue to lose billions of dollars, their ceos are set to receive millions in bonuses. that has some in congress and many more across the country seeing red in more ways than one. rich edson from the fox business network joining us live from capitol hill, rich? >> good morning, jenna. fannie mae and freddie mac need 14 billion from the government, bringing the total to $170 billion. meanwhile the government-run mortgage companies okayed about $13 million in bonuses for 10 executives. the congressional panel is considering whether to move executives from fannie mae and freddie to the regular government pay scale. meaning they get much less. a wide partisan group of senators said executive compensation seems wildly imprudent. we are sincerely concerned about the message this sends to millions of americans when the unemployment rate stands at 9%. this morning at a congressional hearing the

regulator defended the packages. >> taxpayers providing financial support to the enterprises and guaranties on $5 trillion of mortgages would not be better off if we provoke a rapid turnover the senior management by further slashing compensation. indeed, such pay cuts would increase the risk of higher losses in the future. >> reporter: he says these executives are cleaning up a mess they inherited and those losses are from investments made well before they got there and before the housing crisis. advocates of reforming executive pay usually push for bonuses to come as stock options tied to longer term performance of companies. in the case of fannie and freddie there is very little value in the stock and congress will likely reorganize the companies in the future. jenna? jenna: we'll continue to watch and see if the bonuses stay at least in the future because we know the current ones probably will. rich, thank you very much. jon: sounds like a nice pay package. jenna: you get a pay package like that don't you john? jon: i wish. a brand new poll out of iowa,

the state that holds the first in the nation caucus and this one is good news for newt gingrich as he surge into a virtual four-way tie for first place. shannon bream is looking at the numbers live from washington. break it down for us, shannon. what's the latest? >> reporter: jon, technically herman cain is in first place in the new poll out of iowa at 20%. it is jammed up at top of the poll. paul follows at 19%. romney at 18% and gingrich at 17% that is good bounce for him. paul's campaign sent out a press release he had polled in first place. secondly he finished second to cain. paul says the the results are within the margin of error. it would be too close to call if the caucuses were held today, jon. jon: rick perry not doing particularly well in the poll. he is in iowa today. he is trying to turn things around. what is hoping for? >> reporter: he polled at a

distant 5th, 7%. he wrapped up a speech in iowa. his message is this. time to rip apart washington and send a message to the establishment. here is a portion of his remarks. >> i happen to believe it is time to create a part-time congress where their pay is cut in half, their office budgets are cut in half and their time in washington is cut in half. [applause] and if they don't develop and bring forward a balanced budget by the year 202, they need to cut that salary in half again. >> reporter: perry will have company today in iowa. herman cain is going to be there and he has a tough day trying to explain his flub on the issue of libya that he suffered yesterday. his campaign says he was too tired when he fumbled that question but gives his critics who say he is not strong on foreign policy a little more fuel for their allegations. jon? jon: being tired is not always an excuse that is

acceptable to the voters, that's for sure. shannon breen. thank you. jenna: we are awaiting a major announcement from the so-called go big coalition. we're more than a week until the bipartisan super-committee's deadline for a deal to rein in spending and help solve the debt crisis. now you have this large group of senators and house members who are urging the super-committee to go big and pass a major deal that has tax increases and big cuts and they say go big coalition, they say they will back whatever happens here. congressman mike simpson joining us, republican from idaho. michael bennet a democrat from colorado. nice to have both of your perspectives. senator bennet, this is your first term. congressman, i believe this is your 7th term. don't mean to make you feel old. you're the veteran, maybe i start with you, congressman. what is the major announcement we're going to hear in a couple of hours? >> we'll get together with the senators. this is the first time the house go big coalition, 103 representatives that we've got that signed this letter

encouraging the super-committee to go big. the 46 senators and we're going to continue to push even though we've got about a week left, that we need to go big. every organization that looked at this has said we've got to get to the $4 trillion savings with this plan if we're going to affect the long-term deficit of this country, the debt of this country. we want to do everything we can to encourage them to go big and that all options have to be on the table. that includes mandatory spending, discretionary spending and revenue. and so we're just adding we're let lending support to that committee. jenna: you said revenue. that means taxes in some parts. i will get back to you on that, congressman in a moment. senator bennet, your perspective on this. you seem to be gathering some momentum, this go big coalition. do you think you're being heard by the super-committee? >> i hope we're being heard and i wish them all the luck in the world but all i'm trying to do is represent and reflect voices i hear in

my state of colorado, republicans, democrats and independents who for months have been saying to me, michael, we want it to be a comprehensive plan that materially addresses the problem. we want to know we're all in it together and we want it to be bipartisan because we don't believe in either party's go it alone approach. i think it is very important, there are more than 100 house members, about 45 senators that have signed onto a document that merely states the obvious which is, we can not address the issue that we face from a fiscal standpoint. we can't satisfy the capital markets unless we're looking as the congressman said, discretionary spending entitlement reform and tax reform. the math compels that answer and people in my state are demanding it. jenna: senator bennet on that, just as someone new, new to the game i'm just curious if this legislation or this legislating in general is as tough as it looks? i'm curious as your observations. what do you see that maybe your party could be doing better in the efforts to

reach compromise? >> i think that, i think that we need to make sure that people understand that we, that there are people that realize in our party that the current path on our entitlements is not sustainable. that for the sake of preserving those and also dealing with our fiscal house that we need to seriously look at it and that's what people in my state understand. but i think it is going to take everybody working together to get this on do. you mentioned its difficult. it is difficult because this is a town that makes things much harder than they need to be. at home there is not a mayor in my state, tea party member, republican or democrat that would ever threaten the credit rating of their own community for politics. it would never happen. what we've got to stop doing is coloring outside the lines in washington. actually do a deal that makes sense for the american people going forward and that's what congressman simpson, where he tried to lead us. jenna: sure. congressman simpson, talk a little bit about that

leadership, you mentioned revenue being on the table. at least from the outside looking in, tough to know what is happening within the super-committee was a line that wasn't going to be crossed by republicans. no new taxes, no revenue-raising of any sort. seems like a there is little bit of a different tune. i'm curious what specifically you would support when it comes to revenue being part of a debt deal of any type? >> jenna, that is one of the issues that actually scared off some of the republicans from signing the letter that believe this is the right thing to do. in fact i think an overwhelming number of members of congress know this is the right thing to do. there is no credible plan out there, i sacredable plan to addressing this, that gets us to the 4 trillion dollar mark without including revenue. some people think that means increasing tax rates. i don't think that is necessary. i think that you can actually get additional revenue by decreasing tax rates and eliminating exemptions underneath, broadening base. you get more revenue in and you can use that to reduce the debt of the country. so that is what i'm looking

at. i think that is what a lot of members are looking at. but fundamental tax reform that makes it fair. that, you know, we've got so many loopholes where. ge can make such a profit and not pay any taxes that is just not right. they're not cheating. they're taking advantage of loopholes that exist, some we need to go after. jenna: we'll be looking forward to this announcement coming up as you mentioned 2:30 this afternoon. we have the "gang of six". the super-committee. go big coalition. we're ready for something that will work. >> all we need to do is get our work done. jenna: amen to that that is true for the newsroom as well as congress as well. thanks for joining us and we look forward to having you back. >> thank you, jenna, there are major changes coming to an airport near you just in time for the thanksgiving holiday rush. going through security, that unpleasant process is about to change. we'll have a live report on what's coming. two people lost in a jungle in colombia, their

dramatic rescue caught on camera, next.

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you save. jenna: probably don't need to tell you this but the busiest travel season is kicking off in a few days. this season marks beginning of the thanksgiving holiday surge. we're here already. millions of passengers will be flocking to our nation's busy airports and make travel a little less hectic and safe, the tsa is showcasing major changes to airline security some of which they can tell us about. chief correspondent catherine herridge is live at reagan national airport with that. >> reporter: thanks, jenna. good morning. what tsa will tell you privately. passengers have two major complaints, ticket prices which they can not control and taking off shoes at airport. one of the major changes this year versus last year, kids, 12 years of age and under will not be required to take their shoes off when they go through the security check point. tsa officials say this is example of intelligence

driven security. kids this age are not high security risks in part because they have small shoes. they can't carry enough explosives to damage or bring down an aircraft. here is a tsa administrator from this morning. >> children themselves of course are not terrorists but we also know they can be used by terrorists to do bad things we've seen overseas. fortunately we haven't seen that here. >> reporter: one of the other big thanks you will see is with the body scanning images. half of the machines in the nation's airports now us updated technology. it looks a little bit like a gingerbread man or doughboy. you see the yellow mark on images a, that would require additional screening. compare and contrast that to the images of the old back scatter. what you see there are far more details and critics of system argued it was really undue invasion of a traveler's privacy. given bin laden is dead and american cleric, anwar al with lucky was cleared

killed in gem men. he said based on the -- yemen. he sees says the daily groups are trying to reconstitute if they're able and intent to hit the united states is still there. the question is whether they have that capability, jenna are you taking a few spins through the security lines just for fun while you're at the airport, catherine? >> reporter: i am not. anyone with small children are relieved children won't have to take their shoes off. we hope that extend next year to some adults as well. >> thank you very much, catherine. appreciate it as always. >> reporter: you're welcome. jon: strange new images coming out of china. the most popular theories of what these mysterious structures or markings in the dessert might actually be. that's next.  

jon: right now some new info on stories we're watching across the u.s. and around the world all from inside our control room. two polish kayakers rescued by helicopter after they were stranded for five days in the colombian rainforest. both men reportedly in good condition. a train hauling thousands of tons of coal derails in kansas. crews are working to repair the rails and reopen the lines. no reports of though of any injuries. how would you like to live like a king for a day? the royal family will be renting rooms at st. james palace during the london olympics. but the fun will not come cheap, jenna. rooms start at a cost of owe about, $50,000 a day. jenna: better get room service with that. jon: i hope so and your own butler. jenna: a series of satellite images to some unidentified structures in china baffling scientists and conspiracy theorists alike.

china is staying quiet as is their m.o. usually. there is now all kind of speculation as to what these bizarre structures might actually be. rick, do you have any idea? >> reporter: nope, i have no idea, i must admit. some are calling this, jenna's, china's area 51 named for the military base in nevada where some believe the u.s. government is hiding proof of ufos. the china area is getting knew look after google either. this is the gobi desert on the side with mongolia. there are two sets of pictures. they are strange i must say. one shows an area with a clear grid. that is what you're looking at there. it is bluish too. some say the grid looks a lot like the layout of washington, d.c. another picture shows a spiral pattern. there is more of the grid there. these spiral pictures and all of these pictures you can zoom in and see what looks like perhaps military

planes and vehicles on the ground. of course no one knows for sure what these areas really are and the chinese are, what they might be using them for, maybe military training sites, who knows. maybe they're laid out to mimic possible military targets. as i said you can go look for yourself. good luck to trying to get the chinese to talk about it, jenna. i called chinese embassies in new york or d.c., neither place even answers the phone. jenna: a mystery. we'll continue to investigate rick, thank you. jon: there are some new details on the future of the keystone pipeline. kelly wright is live at the white house with a look at that kelly? >> reporter: hey, jon. transcanada says they can reroute the keystone pipeline now to go around the sand hills and the giant aquifer in nebraska. that being said and while proponents of the cross-country pipeline say the new route through nebraska should clear the way for the deal to get federal approval, the obama

administration indicates nothing changed in the process. the state department says the new proposed route will be subject to a supplement environmental impact statement. mark toner stating says give the process we can not provide a specific end-date other than to say that based on the total mileage of potential alternative routes that would need to be reviewed we anticipate the evaluation could concludes early as first quarter 2013. now during a break from meetings with the apac, president obama and canadian prime minister stephen harper met to discuss the keystone pipeline. prime minister harper pushing for the pipeline to be approved. if president obama continues to delay the project, the prime minister says they will look at the possibility of selling canada's oil and gas to asian countries. on capitol hill in washington nebraska republican congressman lee terry says it is time to get the deal done because it will create the one thing america really needs. jobs. jon: kelly wright live for us in washington.

thank you. >> reporter: you're welcome. jon: and we'll be right back. [ male announcer ] are you considering a new medicare plan?

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don't wait. call now. jenna: nearly high noon here on the east coast, 9 a.m. out west, and rapid developments in several ongoing protests against wall street. rick, you've been watching them, what's going on? >> reporter: the police came in the overnight hours arresting hundreds of protesters trying to clear them out of the park. these are live pictures from our affiliate, wnyw, that shows you zucati market right now. there are barricades up, the occupy wall street protesters have returned to park having been cleared out, and they're now circling the park as officers are trying to keep them from getting back inside the park. again, the city trying to clear everybody out, and the national lawyers' guild obtain ago court order allowing the protesters to return. this is now a legal issue, and as we get more information, jenna, we'll pass it along. jenna: that's where it all

began, more than 330 protests since that all began about 60 days ago. is that what we're going to see across the country in all these other places? we'll continue to watch that story for you. in the meantime, we'll turn to politics. why not, right? new poll numbers shaking up the race for 201. 2012. i'm jenna lee. jon: i'm jon scott. newt gingrich surges to the top. a bloomberg poll now puts gingrich in a dead heat in iowa, just seven weeks before the gop caucuses. joining us now, senior political analyst brit hume. brit, especially gingrich has been on sort of a slow, steady rise in the polls ever since last summer when pretty much his campaign was left for dead by a lot of analysts. why? >> well, what's happened, jon, is his campaign was given a

lifeline after its near collapse last summer by the debates. his debates have been about all there's been to the campaign so far, and a great deal of interest in them. lots of people see them. if you're in the debate, you're on equal footing with the front runner or front runners, and if you're good at it, you have a shot. and there's a development within the republican base that wants someone it can trust as a conservative more than mitt romney, and it has settled on a series of different candidates, and now it appears to be settling on gingrich. that's the good news. the bad news is everybody that's been settled on so far has almost immediately declined, and i think that part of that's a function of the scrutiny that comes with making a strong showing in the polls. jon: yeah. and there was a point written about that in today's washington post. i'm sure you saw it. the article was talking about gingrich's favorable ratings. we have a quote we can put on screen, i think, to share with

our viewers. do we have that, guys? we're having a little trouble with your graphics, so maybe not. okay, here it goes from. "the washington post" today the poll shows 57% rate gingrich favorly, 25% unfavorably n march those numbers were 25 and 26% respect ily. that suggests that gingrich suddenly seems like a more attractive candidate given the dynamics of the race. sounds the way like you have assessed it, brit. >> it does. and i think that gingrich who has one really major accomplishment in his career that should not be overlooked, and that was rallying the republicans and leading them to power in the house of representatives for the first time in a very long time back in 1994, has also had a rather turbulent time since then. he had a tush leapt speakership -- tush leapt speakership in which he was basically ousted by his own

party, and his past, i think, will be found to those looking into it will be a fairly target-rich environment. but he takes care of himself effectively in debates, and he's found a sort of per son that that's important to a lot of people. he's not criticizing his fellow candidates, he's rate ciezing the -- criticizing and president, and that has its appeal. jon: there's also this ppp national poll that shows him, um, in the lead, actually, 28% for newt gingrich, 25% for herman cain, 18% for mitt romney , and the others, ron paul, jon huntsman, gary johnson, michele bachmann, rick perry, all of them well back. again, something seems to be working for the former speaker, it's just a question of, i guess, how long it sticks. >> that's right. and i don't, by the way, i personally don't buy that poll. i think the smart thing to do

when you have a bunch of polls like this with relatively small samples, relatively large margins of error is to look to an average. the real clear politics average as of this morning still has romney slightly ahead, but bing rich is now clearly in second place in that average, and that's a realistic reflection of where the race stands. i think the former speaker has definitely moved up, and now we'll see whether he can turn this opportunity -- he'll have a lot more attention paid to him -- turn that opportunity into real momentum and will help him to organize in the places like iowa and new hampshire where you need to be organized and have people available to you to get people out to the polls and so on. that's easier said than done, and, you know, gingrich has conducted a fairly unorthodox, low-budget campaign. we're fast approaching the time when you need resources, and whether he'll have them is an open question, i think. jon: brit hume, always good to

have you on. thanks for coming in. jenna: another big story today, a news conference set to begin a short time from now. lawmakers demanding more answers from the justice department on the federal gun-walking program called fast and furious that, basically, put weapons in the hands of criminals because of a lack of control and oversight. william la jeunesse is live in los angeles with more on this. william, what is this all about today? >> reporter: well, about a dozen conservative republicans including paul go czar from will again go after attorney general holder. they're part of the group of 39 lawmakers calling for his resignation. they're demanding more accountability and transparency from the department of justice. now, sources tell us this investigation into fast and furious and the murder of border argument brian terry is at a near standstill with doj stalling and starving investigators of the documents needed to answer who knew what when. now, this as we await an office

of inspector general report that is expected to come out in a few months that could clear the attorney general and may or may not assess blame. others want answers now. >> how can we not demand justice and to hold as people tried to run and hide and resign and dismiss and to not tell the full and complete truth? >> reporter: that came from a very emotional memorial for brian terry this weekend in phoenix. now, the two most damning pieces of information, possibly, that we will likely see, eric holder's e-mail to and from him and other cases where guns have been used in the crimes in the u.s. and mexico. if that information was to come out, it could be very damaging. jenna: it sounds like it. william, we spoke with congressman issa just last hour,

and he stopped short of calling for holder's resignation. who exactly is calling for the attorney general to step down here? >> reporter: well, as you know, in washington it isn't always what is said but who says it. in this case we have no democrats, you also don't see any committee chairmen or republicans with a lot of seniority. >> america's top prosecutor commit percentage before congress? >> reporter: what you do have, however s the nra with its four million members running this ad calling for holder's resignation. some say there needs to be a tipping point for this movement to gain more traction. >> it's got to go beyond the base of the republican party. it's got to start inching up so that you get bigger names, people who have more credibility in the public mind, especially in the senate. to jump onboard. >> reporter: for instance, if senator charles grassley, for instance, was to come out for holder's resignation, we'd

expect a lot of other republicans to fall into line, the same with chairman issa. the democrats call this a witch hunt, a distraction, they claim fast and furious is about a lack of gun control, not a lack of confidence or judgment. jenna: we'll see if that tipping point happens. william, thank you so much. we're going to be talking to some of our viewers about this. what do you think about all of what will yam had to say? are the feds doing enough? go ahead and vote in our poll, weigh in in our chat room. go to foxnews.com/happeningnow. jon: the senate armed services committee is can taking a closer look at president obama's decision to withdraw troops from iraq. leon panetta and general martin dempsey are both facing some very tough questions. national correspondent steve centanni live at the pentagon with more on what's going on there and some fireworks. steve. >> reporter: that's right. yeah, a lot of opposition expressed by republicans at this

senate hearing against president obama's moon to pull all the u.s. troops out of iraq by the end of next month. right now there are 24,000 u.s. troops in iraq compared to 34,000 just three weeks ago. so the pullout rapidly underway. the u.s. and iraq were negotiating to keep troops there after the end of december, b those talks broke down over immunity for u.s. troops from iraqi prosecution. and today a tense exchange when senator john mccain said he thinks the administration never meant to leave any troops there. >> the truth is that this administration was committed to the complete withdrawal of u.s. troops from iraq, and they made it happen. >> senator mccain, that's just simply not true. i guess you can believe that, and i respect your beliefs. >> that's your opinion. >> but that's not true. >> and the outcome is exactly as predicted. >> but that's not -- that's not how it happened. >> it is how it happened.

>> reporter: and there was disagreement over the threat posed by iran after troops pull out. everybody agrees there is a concern, but secretary panetta says iran is not about to compromise its nationalism and independence in the face of iranian influence while senator john mccain said he thinks iran is already makes accommodations to an emboldened iraq -- iran. >> the week after the president's announcement, kurdistan's president went to iran. next week the chief commander of the iraqi army plans to visit iran. it is hard to see the withdrawal of u.s. forces from iraq as anything but a win for iran. >> reporter: so no agreement on that either. meantime, there is talk of leaf ago residual u.s. force of troops in kuwait, right next door to iraq, but no decision's been made on that. jon? jon: steve seven centanni at the pentagon for us, steve, thank you. jenna: steve was just touching on this a little bit, there's some serious concerns about iran. not only about what's happening in iraq, but the nuclear threat

from iran's leaders. what are we going to do? we're going to talk to south carolina senator lindsey graham about his warning on all of this. >> the iranians f they develop a nuclear weapon, bob, the whole region is going to want a nuclear weapon. then you march down the road of armageddon. if you open pandora's box, if you attack iran, if they get a nuclear weapon, they empty pandora's box. jon: plus the bizarre search for a 2-year-old boy in washington state. dan springer live from bellevue, washington. >> reporter: yeah, jon, it keeps getting stranger. now appears as if mother of this missing boy was looking for a sugar daddy.coug that story coming up after the break. truth is, most sinus fos don't treat a cough. really? [ male announcer ] alka-seltzer plus sinus liquid gels fights sinus symptoms plus cough. you're good. [ male announcer ] thanks. that's the cold truth!

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jenna: right now 150 investigators are working the case of a missing washington state toddler. he's 2-year-old sky metalwala, he vanished more than a week

ago. his picture, i'm sure, familiar to you now. his mother claimed she ran out of gas, left him alone in her car but brought her 4-year-old with her as she went to a gas station. today we're learning more about the mother in this case and maybe some bizarre internet profiles linked to her. dan springer's in bellevue, washington, with more on this. where is this case at this point? >> reporter: well, it's at a standstill because julia biryukova continues to stonewall police. she's not talked to them since she made the report nine days ago. because she's not been forthcoming with information, she's been the focus of this investigation from the very beginning. so we are learning more and more about her, and, jenna, it's bizarre. you're right. apparently, bier biryukova was seeking a sugar daddy, no other way to put it. she went on this web site that bills itself as a site that brings sugar daddies and sugar

babies together. she was looking for a man who would give her $3,000 to $5,000 a month. she described herself as happy, single and a mommy of two beautiful babies. the or account was opened in july and last used october 26th. we've talked to the web site owner, she's -- he's cooperated with police. that owner has turned the names and information over to the police. we've also learned that there are federal authorities working this case in ukraine. biryukova was born there, and her father and other relatives are still there. investigators have, basically, run out of places to physically search, so they are expanding their search areas. over the weekend they included a big park not far from the mother's apartment, they found nothing. tips keep coming in, over 900 now, but still no break. despite not believing the mother's story, police said yesterday they are not at the point of calling her a suspect or charging her with something

else like child endangerment. wethey are still hoping she will come clean. it has now been, as i said, nine days since she made that initial report a week ago sunday and since then she's had a lawyer and done all of her communicating through that lawyer. jenna? jenna: but still not a person of interest, still not a suspect officially. >> reporter: not officially, and they're still hoping that by doining that they will entice hr to, at some point, come in and tell them everything she knows. jenna: we'll see what happens. dan springer with the latest. lots of questions, including that web site. jon a lot of holes in that woman's story, that's for sure. there is fresh fall in the battle over union rights in wisconsin. could it cost the governor there his job long before the next scheduled election? also, brand new insight on the casey anthony murder trial what the prosecutor who lost his battle to put her behind bars is saying now. that's coming up. >> we, the jury, find the

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jon: right now a new effort to force a recall election in wisconsin. the target? the governor there. folks upset with republican scott walker's efforts to effectively end collective bargaining rights for most workers in the public sector. rick is keeping an eye on that for us. >> reporter: well, jon, 9,000 signatures a day, that's what opponents of wisconsin governor scott walker need. they need to collect that if they want to force that recall election. organizers of the effort, as you mentioned in the intro, still angry over walker's proposal to, basically, end all collective bargaining rights for most public workers in the state.

and as you know, voters in ohio shot down a similar law last week in their state. so this is really an effort to jump on that bandwagon and recalling walker is the only mechanism that the organizers in wisconsin have. they can't put it to a referendum as they did in ohio as we take a look at some of the file footage, and we remember these protests outside the state capitol in madison, wisconsin, over the governor's proposals. three gop state senators are also being targeted in this recall effort. governor walker himself says he's not really paying a lot of attention to it all, he's focused on his job and his promise to create jobs in wisconsin, but the governor's political team has begun to run ads in the state urging people to not support the recall efforts. only two governors have ever been recalled in this country, once in north dakota back in 1921 and more recently people may remember in california, 2003, when governor gray dais was recalled. -- gray davis was recalled. if the effort succeeds, there would be an election next year.

organizers have until march 27th to get 540,000 signatures if they want to force that recall election. back to you. jon: we'll keep an eye on that, let you know the -- the viewers know how it's going. jenna: well, he tried to send casey anthony to death row but failed, and now jeff ashton is offering a behind the scenes look at this trial. his new book we're learning how he feels about anthony, her attorneys, juicy stuff. phil keating. >> reporter: much of the nation still remains perplexed at the jury's verdict in the casey anthony trial, that certainly includes jeff ashton whose book is the first insider account of this summer's sensational murder trial. you'll remember ashton with the gray hair as being one of the most aggressive cross-examiners seen in the courtroom in a long time. he was scathing and very powerful as he destroyed many of the defense witnesses.

but he raked up what probably gave -- he writes of casey anthony's clear lie. sealed depositions of two mental health experts revealed casey's new story about caylee accidentally drowning and that her father, george, molesting her, casey, when she was a child. and that, ashton says, probably won anthony acquittal of murder. >> they wanted, you know, to up root, irrefutable proof, and we just couldn't give them that. >> reporter: casey anthony remains in florida somewhere, hiding, fill owing the state -- still owing the state more than $200,000. ashton also strongly faults casey's mother cindy, remember her crying on the stand. how on the stand she took credit for the chloroform searches on the anthony home computer and,

basically, he says, was in colossal denial. >> i think cindy sort of denial and refusal to be candid about her relationship with casey was, actually, made it very difficult for us to give the jury the motive that they seemed to want. so i think, if anything, that was probably the part that hurt the most. >> reporter: ashton still remains convinced that what really caused the death of caylee anthony was her mother, casey, using chloroform to make her pass out, then using the duct tape the suffocate her and then dumping her out in those woods. and one of the colossal screw-ups of this investigation was that all of the investigative entities never actually searched that wooded area just a quarter of a mile from the anthony home until, of course, that meter reader, roy kronk, discovered it six months later. part of that problem was tropical storm faye put a lot of it underwater, but he says the

other part was that even just assumed an obvious place such as that had already been searched, so they really lost a lot of that critical forensic evidence. jenna? jenna: so interesting to hear the opinion of this one attorney and also to have perspective on the case, so thank you very much. >> reporter: all right. jon: we've been telling you about syria's violent crackdown on dissidents there. scores more are dead now sparking new calls to end the bloodshed. plus a growing nuclear threat from iran. could the united states end up going to war to try to prevent nuclear armageddon? is [ artis brown ] america is facing some tough challenges right now.

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jon: right now world leaders are considering tough new sangs to help contain iran's nuclear program. but our next guest says he would back this country going to war as a last resort to prevent iran from getting nuclear weapons. south carolina senator lindsey graham is a republican on the armed services committee. it sounds pretty ominous at a time when we are just wrapping up the war in iraq and we've still got the war in afghanistan underway. but you say it might be necessary? >> yeah, most definitely. the iaea report about iran's nuclear program is chilling, and the question you have to ask yourself, where does the most dangerous scenario we could face in the 21st century. i think it would be the iranian, the ayatollahs with a nuclear

weapon. they may give it to terrorists, use it against israel. blackmail the region. i don't think there is any doubt in my mind that is a nonstarter. sanctions could work. you'd have to cut off the rye find petroleum. the russians and the chinese would have to play harder than they are today. i'm willing to try another round of sanctions but i would use military force as the last option, not relish it, be resolved to do it, because if they do get a nuclear weapon the whole mideast goes into a nuclear arms race and the israelis will never know freedom and security if iran has a nuclear weapon. jon: what about the estimate in 2003 that estimated they had given up? >> it was wrong. in a closed dictatorship you really don't know. i'm afraid time is not on our side. i think it's universally believed they are trying to develop a nuclear weapon not nuclear power. the iaea report was chilling. they are further down the road

than i thought. the administration needs to get the russians and chinese on board quickly. if that doesn't work israel has to make a decision. it would be better for the united states to use military force than israel if it was ever used because we have more capability. the iranee military program is too redundant in my view to hit it with one strike. you'd have to go after their army, navy and air force, and neuter this regime. that is what is left of this because we waited so long. jon: you bring up an interesting point that ties to things on capitol hill. what happens if the soup ircommittee can't reach any agreement on cutting the amount necessary. you say you're very concerned about our military if the pentagon has to bear the cuts. >> i asked leon panetta, he said it would be shooting ourselves in the head. he responded by letter to a

request that senator mccain and i made in writing, the effect it would have on the military. please read that letter or parts of it to your listeners. it is the most chilling account, a 23% across the board cut in defense. we'd have the smallest navy since 1915, have the smallest army since 1940. the sequestration of 600 bill iodod would destroy our national defense. that is not me saying it that's leon panetta, and i'm certainly not going to let that happen. jon: please get that letter up on the web side. you and john mccain stand shoulder to shoulder. he had a testy exchange with defense secretary leon panetta essentially suggesting that the administration dragged its feet in negotiating with iran to the point that iran said, okay -- >> iraq. jon: i'm sorry, iraq.

iraq said essentially get your troops out now. and we said okay. the senator said that's what the administration wanted. do you agree? >> there is a heck of a case to be made that we were not enthusiastic about it. i was there with senator lieberman and mccain and i was talking legal protections to our troops. and they say how many troops do you want to have here. i turned to our ambassador and commander and said, well we haven't decided that yet. we've never given the iraqis a number. here is my concern. based on what the president did in afghanistan, recovering the surge forces in september of this year, and not and option given to our commander's given two months before hisee hrefpblt he promised to have all the troops out before 22008. the sunni speaker of the house says iran is emboldened by us

leaving and is afraid of outside influences with us leaving. in the kurds and the sunnies want troops and anwar al-awlaki said he would do it if we ever hraoefd, i think frankly this administration has been playing politics with troop levels in iraq and afghanistan. there is a good case to be made for that in afghanistan. i don't think the iraqi military advised their civilian leaders that they needed u.s. help post 2011. it's just suspicious to me that we couldn't deliver when everybody else was embracing the idea of a follow on force. jon: iffy ran is emboldened by our departure we do not want that count three with a nuclear weapon. >> iran is threatened by democracy in iraq and with us not being there to do anything undermines any type of success.

jenna: in the meantime iran's neighbor syria is also in the spotlight as a deadly new outbreak of violence raeupbls on inside that country. they are reporting at least 70 dead and new calls across the region for syria's embattled president to step down. rina ninan is live. jordan's king abdullah has called on the president of syria bashar al-assad to step down saying he has an expiration date but no one knows exactly when that will happen. the violence is continuing between pro-assad forces and the opposition. there is a tank that was blown-out by the opposition. ammunition was inside the vehicle, all of this happening in the town of daraa. as many as 90 people were cleared in clashes throughout syria on monday. many believe bashar al-assad is fighting his last battle.

if he loses his minority is likely to be cut out. this is a foyt for their survival too. the arab league in a particularly unanimous vote decided to suspend syria as the violence continues. it's a passionate topic in the arab route. there were two politicians that actually exchanged blows when one sawed bashar al-assad a liar. it was all shown on live lebanese tv. to give you a sense of how passionate this topic of syria is in the arab world. one senior u.s. administration owe fist tells us there are ways to bring down bashar al-assad's end faster. among them is international isolation. the arab league is trying to do just that this week. by putting pressure on bashar al-assad it shows his days are likely numbered. jenna: what a video of that interview. a lot of passion there, as you mentioned, rina. thank you very much. jon: we are yet to throw any

chairs on this set, you and i. jenna: live on television. commercial breaks all bets off. jon: there are new developments to tell you about in the solyndra scandal. why investigators are zeroing in on the email of a key member of president obama's cabinet. secretary of state hillary clinton gets a big surprise. we'll tell you what happened during her visit to hawaii. [laughter] [ male announcer ] butter. love the taste, but want to cut back on f? try smart balance buttery sead. 's heart-healthier than butter. with omega-3s. 64% less saturated fat.

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when diet and exercise alone aren't enough, i prescribe crestor. adding crestor lowers bad cholesterol by up to 52%. and is also proven to slow plaque buildup. [ female announcer ] crestor is not right for everyone. like people with liver disease... or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. tell your doctor about other medicines you're taking. or if you have muscle pain or weakness. that could be a sign of a rare but serious side effect. is your cholesterol where your doctor wants? ask your doctor if crestor is right for you. [ female announcer ] if you can't afford your medication, astra zeneca may be able to help. megyn: the governor of bam requires under attack by "the new york times" about alabama as new tough immigration law, which "the new york times" calls racist. the governor is here live to respond. plus, the republican lawmakers calling for attorney general eric holder's resignation are holding a press conference

today. are they upping the ante? you will see it here live. and judge alex ferrer on the custody battle that is now unfolding in the baby lisa case. i'm megyn kelly and i'll see you in just about 15 minutes right here. jon: energy secretary steven chew at the center of a new development in the solyndra scandal. investigators are focusing on hundred -fs his emails and there could be some fireworks when he gives testimony later this week on capitol hill. molly henneberg is live in washington with more. >> reporter: fox news has learned that the 200 emails were provided this morning with a couple of caveats, they could only be red in camera, a legal term meaning in private. so committee staffers could read over them but only while secretary chu' aides were present and they could make no copies of the email. they said they are trying to find out why the obama administration approved the loan

even with a number of red financial flags regarding solyndra. investigators will be looking through chu's emails and questioning him on thursday in part to determine where he overrode objections from department of energy staffers who were concerned about the loan, and how or if white house officials were involved in pushing for the loan to be approved. the white house and department of energy have already turned over 150,000 documents related to the solyndra loan, although gop representatives have said that many of these are technical and repetitive. the obama administration has maintained that it was not a political decision to go forward with the solyndra loan. also today a memo from that house committee includes information from an email from solyndra's largest investor. that email says the department of energy urged solyndra to hold off on announcing a round of layoffs in 2010, to hold off from late october 2010 until november 3rd 2010. no reason was given for choosing

that date in the email, but the committee notes that november 3rd was one day after the midterm election. jon. jon: interesting coincidence there. molly henneberg, thanks. jenna: secretary of state hillary clinton is in the philippines right now. she is there to commemorate the 60th anniversary of the mutual defense treaty with the united states. before leaving for the philippines secretary clinton stopped in honolulu for the apex summit. they got more than they bargained for with hong kong's chief executive. take a look. [laughter] >> i hope you all captured that. jenna: we might need to slow it down. there he goes. someone running with a torch. jon: someone needed a little vitamin d.

jenna: looked like secretary clinton handled that with grace and a sense of humor as we all would hope to. we'll be right back with more "happening now."

jenna: another big story gets bigger. jerry sandusky facing a 40-count indictment much child se sex-abuse. proclaiming his innocence with a sportscaster, bob costas. he asked sandusky about specific details in the grand jury report. >> i am innocent of those charges. >> innocent? completely innocent and falsely accused in every aspect? >> well, i could say that, you know, i have done some of those things. i have horsed around with kids.

i have showered after workouts. i have hugged them, and i have touched their leg, without intent of sexual contact. jenna: thinks the first time we're hearing from sandusky. we have a lot of questions. here to tackle some of those questions with us, ellis cannon public i shaller of the pittsburgh courts reports, and our medical a team, a psychiatrist dr. keith ablow. welcome to you both. what an interesting interview to listen to. starting off with you, ellis, why even do this interview. >> absolutely clueless. you do it for one of two reasons. one is for pr and two is legal. the reality is from the pr standpoint it's totally unwinnable. anything that jerry says is going to be basically funneled through the prism of what people already haoefrpltd it is literally unwinnable. the win if it should be able to

happen should be in the courtroom. this isn't the place for it. any one-tkepbgs tphal statements that you heard last night could be turned on their head once you get into a three-tkepbgs alsetting in the courtroom, where you have evidence to challenge it, courtroom testimony and so forth. the reality is by going on last night and saying the things he said, and he would never have anybody do anything like that, the fact -- that he has done is he's in some ways made it easier for the prosecution. he's made it so that now we are talking about a different shade of gray. we are not talking in absolutes at all. jenna: dr. ablow take a listen to the key part of the interview. there were a lot of great questions and a lot of interesting responses. listen to the response by sandusky when he was asked this question. >> are you sexually attracted to young boys, to underage boys. >> many aeu sexually attracted to underage boys? >> yes. >> sexually attracted? you know, i enjoy young people.

i love to be around them i -- no, no i'm not sexually attracted to young boys. jenna: dr. ablow in your professional opinion, how do you make sense of that answer? >> reporter: here is the king, jenna, the bottom line is when you deliver an answer like that, and you do it in a monotone, and you stumble through it, when most of us would be either enraged, or issuing denial after denial saying, listen, you tell me where to show up for 20 pol 20 polygraphs and i'll be there. this man either doesn't register emotion or he's down-playing his emotion to such an extent that he hopes we won't notice this eased ited all such things out of his response. remember, people who do these thins to kids, and i'm not declaring him guilty. but if he could do this to

tkpweudz he has no epl path thaoerbgs so he can't tell what we would think of what he say. he can't get an emotional barometer of it. that's why he would say things that are patently things that take us aback without knowing he's doing it. jenna: this is exactly what you say could be used against sandusky in a court of law. >> absolutely. the fact is what he'd like to be able too do, just like penn state would like to do is pivot out of this moment to a better place. that is not practical right now. it may not be the type of thing that a defendant wants to hear or tpa matter potentially an attorney, but the best place and only place for this to take place and to defend it is in the courtroom. anything you do in this context only makes it that much more difficult when you ultimately get to where it really counts. jenna: ellis let's play another quick part of this interview as well. this was a execution of a particular incident that has got even a lot of attention. take a listen to this part of the interview. >> what did happen in the shower

the night mike mccreary happened upon you and the young boy. >> okay, we were showering and horsing around. an actually turned the showers on and was actually sliding across the floor, and as we were as i recall possibly snapping a towel and horseplay. jenna: ellis. >> again, this is what i meant earlier. against he had something absolute to say in terms of where he was and why, you can't go on and offer something that basically helps build the case against you. and that's what he did. by offering a different shade of gray you leave it this much now to a jury to accept, as opposed to all of this. and that really -- look, we understand that there has to always be set the legal caveat. all of us were reminded of it last night. when you see and hear what you saw last night to some respects it place into the fait

accompli. from the president of the united states all the way down we seemingly have embraced the fact that this occurred and to a certain extent this plays into it. jenna: dr. ablow go ahead. >> reporter: keep in this mind, and i just posted a blowing about this on foxnews.com. jerry sandusky may think of all of us if he's guilty as ten-year-old prey. jenna: how so? >> reporter: because if he sees people as easily manipulated. if he thinks of his needs that those that should rule the day he may not be able to think of the filter we're passing his words through. and so it may be that a tall tale told to a ten-year-old boy to get into the shower with him is the same kind of story he thinks will pass muster with us or a jury, if he's guilty it's a rude awakening. jenna: in a sense we are all trying sandusky in the court of public opinion. we have to wait for the legal courts to get underway.

>> reporter: absolutely. jenna: i can't help but think about the victims listening to this, the alleged victims of course in this case. what is in it for anybody to come forward? you see this guy talking about this case in the way that he is, and, again, we don't know what the truth is, but i can't help but think about the victims. what is in it for them to come forward if there are indeed other victims? it would be incredibly intimidating. >> reporter: it is only this. when you stair down a perpetrator, if this man is a perpetrator, when you stair them down you are greater than he is , though you may have been a victim in the past you are no longer. jenna: dr. ablow and ellis thank you. we like to cover this with your prospective. we'll be right back on "happening now." hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

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jenna: we're hearing a lot from you about the sandusky story, penn state sex scandal. there are so many different questions that remain and we are hearing you. at this point these are all still