jon: kicking back, all this space. jenna: i will see you tomorrow back in new york, jon, a little special assignment but i'll be back there with you. thank you to everybody for joining us today. jon: "america live" starts right now. megyn: fox news alert the growing fiscal crisis in our nation's capitol taking a turn for the worse. the stock market reeling and questions growing about whether america's credit takes a hit as congress appears unable to do anything about the spending and debt crisis in washington. welcome to "america live." i'm megyn kelly, a little hoarse. we'll see how it goes. it's 1:00, we'll check in back at 3 and see what the progression is on the voice. the bipartisan group of 12, their progression, it doesn't look good. pointing fingers at each other for to the coming up with a compromise to fine at least $1.2 trillion in savings by this wednesday. the s&p warned, quote we could lower the long-term rating to

double a within the next two years if we see less reduction in spending than we agreed to. all we've got is a super fail. moody's chief economist says "deal or no deal," a downgrade is unlikely, because it expected it to fail from the start. >> i don't think it will i have impact on the credit rating no. megyn: stu varney is host of varney & co. i guess that's a good mood, moody's said there is not going to be a downgrade, we knew they couldn't get anything done. >> reporter: hold on a second. it's not just that the super committee has done nothing. there is talk that the automatic spending cuts will not be in allowed to kick in when they are supposed to kick in. we may not get anything from the super committee and no automatic

eithers. that increases the possibility of the second downgrade indeed. it makes it perhaps a likelihood. remeer the rating agencies, they want america to cut its debt by about $3 trillion. the super committee and these automatic cuts were only talking about 1.2 trillion. if you get absolutely nothing you have again raised the possibility of a downgrade at some point in the future. megyn: once again we may in fact be looking at a downgrade if they decide to kick the can down the road and put off these cuts that they had agreed to that we thought would be automatic. what else will happen, stu? >> reporter: okay, you're in for a period, a short, sharp intense period of what i'm going to call financial chaos in washington t. c. the inaction of the super committee means that all kinds of financial issues must be resolved before the end of the year. you've got the extension of the unemployment benefits, the extension of the payroll tax holiday, a new spending plan, the old continuing resolution ends on december the 16th.

the alternative minimum tax patch. if they don't get that tense of millions of middle americans will pay more tax. and you have a decrease in the amount of money that doctors will receive for treating medicare patients. you've got to do all of that by the end of the year, and you've got the thanksgiving recess, and the end of the year holiday recess, basically you've got three weeks of financial chaos where washington has to deal with every single one of those issues. megyn: is that all just housekeeping, stu? it sounds like a lot, it sounds like a pain in the neck, frankly, but is that all just housekeeping that congress is going to be able to take care of easily, or are we really looking with problems with unemployment benefits and getting doctors payments for medicare services and so on. >> reporter: it's been an easy housekeeping task in the past. this time it's different. it goes to the heart of the matter, how do you cut the debt and stimulate the economy.

are are you going to continue the tax holiday which messes up funding. are we going to give extension of unemployment benefits that is $160 billion a year, that is extra spending. the issues of tax and spending come up all over again in the next three weeks in what is now a very fraught atmosphere. that is why the dow is down 300 points as we speak, megyn. megyn: it's one of those things where you look at the super committee and you say, there is good news and bad news. the good news is you haven't disappointed the american people, the bad news is because congress is unable to further disappoint the american people. >> reporter: people have had it with politicians and with the stock market, they want out. megyn: stuff the money in the mattress if you've got it. thank you, sir. >> reporter: sure. megyn: if story will be developing over the next two hours. a white house media briefing -- began about 20 minutes ago and actually this very first question had to do with the collapse of negotiations on spending and debt, and why president obama did not get more

involved with the so-called super committee. he was very hands-off on this. according to most, and now with the laps of this thing folks want to know why. spokesman jay carney said he did not want to comment on the successor failure of the committee, but he went onto lay the blame on the republicans for a lack of progress. here are his remarks moments ago. >> given the dire consequences, why did the house not become more engaged to the degree that the president did with speaker boehner back in the summer? >> the president of the united states, as you noted, throughout the summer was engaged directly and personally in extensive negotiations with congress, with the speaker of the house, on what would have been a broad and balanced and substantial proposal to reduce our deficit and debts over the long term. the vice president also was engaged, as you know, with house

majority leader eric cantor. and those efforts, unfortunately, despite the willingness of the president to take extraordinary steps, and to bring his party along with him in their willingness to go along with the kind of balanced approach that he felt was necessary and right for the country, in the end republicans walked away from that deal. megyn: so, is that a fair point? and where is president obama in all of this? should he have been more involved? we'll have that fair & balanced debate coming up. presidential hopeful newt gingrich promoting private retirement accounts as an alternative to social security. you're looking live at gingrich unveiling his plan in manchester, new hampshire right now. he's urging younger americans to stop thinking of even times as their only option for retirement. he did not pull any punches during a gop forum this weekend with regard to the occupy forums.

>> all the occupy movement starts with a premise that we all owe them everything. they take over a public park they didn't pay for to go nearby to use bathrooms they didn't pay for, to beg for food from places that they don't want to pay for. that is a pretty good symptom of how much the left has collapsed as a moral system in this country and why you need to reinsert something as similar people as saying to them, go get a job right after you take a bath. [applause] [cheering] megyn: that comment is getting a lot of reaction in the media, online today criticizing gingrich for his criticism of the occupy wall street folks. we'll talk about it in our 2:00 hour. meantime speaker gingrich is making several campaign stops around new hampshire today i a disturbing trend following a foiled terror plot in new york city. the allegations against 27-year-old jose pimental

shedding light on the alarming number of u.s. citizens being recruit eud b recruited by islamist extremists. >> reporter: jose pimental is a u.s. citizen that has no formal ties to al-qaida. he is a sympathizer to the terror group. he is charged with support for active terrorism, and conspiracy. he was moa motivated by tereist propaganda, and recent of u.s. troops in afghanistan and iraq, and they moved in on him this weekend because he was ready to carry out his plan. >> he talks about bombing post offices in and around washington heights and police cars in new york city, as well as a police station in bayonne, new jersey. as in other cases his behavior morphed from simply talking about such acts, to action,

namely bomb building. >> reporter: police released this video at the news conference announcing his arrest, demonstrating the damage the pipe bombs i was building coulbombs he was building could have done. he had been under surveillance since 2009. vetters say he jacked up his speed of building bombs when muslim cleric anwar al-awlaki was taken out by a drone attack earlier this year. his mother and others are expressing shock that he had such a devious plan. she talked to reporters about her son calling him, quote, a normal guy, even apologizing for the situation. she says she noticed a change in him about a year ago and didn't like the way he was heading, but couldn't stop him. the nypd tried several times to involve the f.b.i. in this case. the f.b.i. concluded he didn't have the predisposition or the ability to carry out the plot. he's been held without bail and will be back in for the november 25th. megyn: swing state poll -rs outputting the president up against the gop candidates in

the hose critical corners of the u.s. in three minutes see what the new numbers mean for the president's campaign in some must-win states. new questions in the search for missing baby lisa. new information regarding cellphone calls made the night she disappeared. penn state taking new steps in the investigation of the sex-abuse scandal involving coach jerry sandusky. we will show you what they are planning to do and what a very famous law man is now doing joining this investigation. >> our mandate is clear. we have been tasked to investigate the matter, fully, fairly and completely. we have been asked to do this with a commitment to show no favorite a advertise eupl toward any of the parties whose action we will be reviewing, including the board of trustees. all energy development comes with some risk,

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megyn: we've got some new 2012 poll numbers for the president today in some must-win swing states. the latest numbers showing president obama facing some challenges when it comes to those critical independent voters. larry sabato is the director of the center of politics at the university of virginia. thank you for being here. obviously president obama would like to motivate his base. the republicans would like to motivate theirs. so often we look at indianas as sort of a gauge of where the country is and who might prevail in the next presidential election. according to our information, in states that are swing states in the presidential elections like colorado, nevada, new mexico, ohio pennsylvania, florida, those states, president obama has an approval rating it's a net minus 19 among independents, meaning 37% approve, 56% disapprove, which suggests to you what?

>> it suggests to me that the president has to make a lot of progress among independents or he's not going to get a second term. an incumbent cannot win re-election with a 37% approval level among independents in swing states. this was a survey that focused on 12 swing states. i would argue that minnesota should not northbound there. let's say eleven of the 12 are truly swing states. 37% approval among independents is terrible. remember, obama carried independents back in 2008. so, you can afford to lose them by a little bit. george bush lost independents by a bit in 2004, as long as your base is really behind you, but you can't have a 37% approval level and win. megyn: what does it say to you that then when they ask these independents, well how do you feel about a head-to-head match up between president obama and mitt romney or president obama and newt gingrich and they seem to come out about the same, romney wins with the

independents 45-42. obama would lead newt gingrich 46-44, but it's very tight is the point, it's very tight between this head-to-head match up and the romney head-to-head match up. what does that tell us? >> what it tells me is that right now a year ahead of the election, when people in swing states hear obama vs. fill in the blancepublican it becomes purely a partisan race, that is a matter of accept obama for a second term or picking the republican. obviously in a year's time the republican nominee, and all the republican candidates will become better defined, and my guess is that some will end up doing better against obama and some will end up doing worse. but right now it's obama versus himself. it's really about whether or not the incumbent should be reee hrebted. jon reelected. megyn: what should president obama be doing? he is appealing to his base more

and more. do you think he's making a play for these independents or is he at the point now where he has realized he's not going to get the economy turned around in a year and short of that he's not going to get these independents, he's got to motivate the base. how does he do that? what do you think the political calculation is there? >> megyn, you put your finger on it. this is going to be for obama a re-election campaign much like the one that president bush ran in 2004. it's going to be about pumping up the base, getting a giant turn out among, in this case, the democratic base, and hoping, maybe against hope, that the economy improves enough to win over some of those swing independents. you're exactly right. those independents are not coming back to obama unless they see steady improvement in the economy. megyn: how is he going to rally this base? because there is such high dissatisfaction even in some democratic circles with the economy and with the right track wrong track when you ask them about the country. the independents, the polling

shows they are unhappy too. they think overwhelmingly we are on the wrong track. what can you do? we saw sort of some attacks on the tea party, and saying how bad they are. we saw sort of which is r-r and thwisconsin and the unions go on for a while. does he need something really big where he can point to the republicans and say, they are scary? >> it's probably the latter. the super committee defeat hrupb doubted lee be usewill undoubtedly be used by both sides. president obama will say, you see, i told you all along, this do something congress, these do nothing republicans are responsible. he's going to run against the do nothing congress via harry truman. truman had a good economy, that

is the difference. megyn: the other problem he has -- does that save him in retain the white house? they may hate congress but they may also not like what is happening from the white house. the question is whether he can tkepl money ice hi demon ize his republican opponent. the attacks on mitt romney have been he's a flip-flopper, he has no soul, where is his core. that may speak to the republican base. does that speak to the general election threat? do you need something with more meat on the bones. >> if i were to judge what obama would do to romney versus what he would do to beginning reurb, to be blunt about it he has a lot more material with newt gingrich. undoubtedly given gingrich's past as much more partisan in some ways and romney, obama would be able to motivate that democratic base to a greater

degree. with romney because he was a blue state republican and he governed massachusetts, what causes him problems with republicans is that he edged towards the democrats on a number of issues. my guess is that is going to help romney if he's the republican nominee against obama. he can move back, he can flip back a little bit towards the democrats in a way that he learned to do as massachusetts governor. megyn: the independents may like it because they tend to be more open-minded on a lot of these issues and aren't partisan eye deow ideologs. we'll have to wait and see what happens. thousands of protestors storming back into egypt's tahrir square. why this is happening. police officers at uc davis suspended for pepper spraying

protestors. are some too quick to condemn these police officers? we have a much closer look at the tape in "kelly's court." plus, black friday is supposed to be on friday, the one after thanksgiving to be specific, but now some retailers have moved the sales up to thursday night. now angry shoppers who would really prefer to have some family time are pushing back. we'll shove our way to the register to see what is really going on.

megyn: several u.s. spies overseas why reportedly been captured and may already have been execute ned lebanon. the spies were paid informants recruited by the cia for distinct espionage rings. hezbollah is considered to be a terror group backed by iran. now the cia is reportedly working to protect their remaining agents before their entire operation is jeopardized. a dramatic new video out of egypt. a third day of bloodshed as political protests there turn violent. didn't we just go through this? at least 24 are dead, more than 1700 wounded. the protest coming days ahead of the country's first post revolution election. rina ninan live in jerusalem. what is going on? >> reporter: i know it's hard to believe, these are scenes that look very much like the revolution when it started in

february. we are getting a sense of what these protestors want. they are calling for the prime minister to resign. they also want to see presidential elections take place in egypt by april. right now there is no date set, and the military council controls the power. they have presidential power through 2012, and possibly 2013. the young protesters you see here are upset that democratic reform hasn't taken place sooner. in three days of clashes more than 30 people have been killed. the focus really taking place in tahrir square, but these protests are happening all through egypt. they tried to clear the square but that didn't work. they expect monday's elections to be an absolute disaster. we won't get results until march, that's part of the problem. the protestors believe that the military is really dragging their feet on this and they are calling for the head of the military council to be killed. the military council says

regardless of this latest round of violence there will be elections on monday, the white house came out just a short time ago calling on all sides to end the violence and for the elections to move forward. we are expecting some one million protesters to try and come to tahrir square tomorrow, at least that is what they are aiming for, megyn. megyn: breaking news in washington a meeting of the congressional debt committee just ended. none of the republican members said anything to the media on the way out of the meeting room. now that a congressional debt panel has failed to meet a critical deadline to plea dues an agreement, many of asking if there is more president obama could or should have done. where has he been in this? remember how actively involved he was in getting healthcare passed, the healthcare law, why not as much on this? is it less important? should it be? we'll have a fir and balanced debate from our political panel next. penn state university holding a news conference today. we will be joined by a noted

sports writer and whether the school is trying to move on or if more people are on their way out. >> he has complete reign to follow any lead, look into every corner of the university, to get to the bottom of what happened, and then to make recommendations that will help insure that it never happens again. woman: my father came to america selling fishcakes from the back of his truck, and in 1942, of course, they were sent away. after the war, as a japanese coming back from camp, he started a little store on main street in seattle. of course they needed some money, and bank of america was the only bank who would talk to my father. and we've stayed with bank of america. we have four stores now, three in the pacific northwest and one in oregon. my parents would not believe how popular it is now.

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megyn: breaking news on penn state as the school announced new investigations into jerry sandusky and news that he molests boys as far back as the 1970s. and perhaps more university officials believed to be responsible for not stopping what was happening. many are pointing to what they are doing now and asking whether this is real or whether this is stop the bleeding. >> reporter: the man heading up this investigation is louie freed. he will see exactly how the always school handled things. he wants a sense of the school's culture, the protocol and

oversight and see why this alleged abuse was allowed to go on for so long. the judge made it clear that nobody at the university would be exempt. >> i'm committed to insuring our independent investigation be conducted in a her thorough, fa, come pro hencive manner, leaving no stone unturned and without any fear for favor. we'll examine all the relevant records, evidence, information and circumstances. >> reporter: penn state set up a hotline for anyone with information to call. one of jerry sandusky's victims has withdrawn from his pennsylvania high school because he says was bullied. his mom says his other students said he was fired for joe paterno getting fired.

paterno's lawyer says he's condemning this bullying. there is another allegation of abuse that happened at a pool in 2000. they will not say hot accusations is about. they will say it's a quote known individual. megyn: a meeting of the congressional super committee broke up without reports of a deal. they reported this morning that they had reached a stalemate. now some are questioning where president obama is in all of this. >> unfortunately despite the willingness of the president to take extraordinary steps and bring his party along with him to go along with the balanced approach he thought was

necessary for the country. in the end republicans walked away from that deal. megyn: joining my now is brad blakeman. i'll let you take it first since jay carney seems to be laying this at the feet of these congressional republicans. dose have a point? >> surprise surprise, there is no more bush to blame so you blame republicans in congress for a committee that was destined to fail. i blame republicans because they should have never been members of this committee. they should have had transparent hearings so the public could seat negotiations and witnesses could be called. he wanted to it fail so he would have somebody to blame. he was at the apec i am it and other countries when our country needed him the most to move

these negotiations to an actual bill. it's his responsibility. megyn: it' not just brad who feels that way. west virginia senator joe man -- joe manchin said we want to see him take leaderships and question be where the leadership was when it comes to this super committee. does joe manchin have a point? >> this committee isn't the end of it. president obama supported a comprehensive bill that would have this committee do things by deadlines or a 20% cut will take place on domestic and military programs. you know they are not going ahead with those cuts. >> brad, the republicans have

the majority of the house. the cuts go into effect unless the republicans agree they shouldn't go into effect. >> and you have control of the senate. >> tom coburn, a respected conservative senator points out there were $21 billion in tax writeoffs for gambling losses. and yet we can't get anybody republican on that super committee to agree to do away with that $21 billion writeoff. >> the problem is the democrats never wanted this committee to be successful. so that the president -- megyn: let's talk about that. i want to ask you about it. >> the grover-norquist wing of the republican party says no tax increase and no loopholes. megyn: let me jump in please.

president obama we all watched and we debated it. he was very hand none the healthcare debate and there is a lot you can do from the oval office using the power of that microphone. he did not do as much on super committee negotiations. some are seeing the contrast in that particular instance as evidence that the president wasn't invested in seeing the super committee do well. >> it's very simple. healthcare was passed and democrats had both the house and the senate. now they don't have the house. so for him -- john boehner can't convince the majority of the republicans in his own party to go-in his direction. who the hell believes they will listen to president obama. you have got a right-wing extreme position in the house with these tea party people that won't pass -- >> they have become a convenient

scapegoat for you guys. they are a minority and you know that. you want to know something? the tea party are not holding up the house bill. there isn't good faith negotiation, it's all held behind closed doors, and the president who promised us transparency is nowhere to be found. he's not calling the congress up to the white house, the leadership to talk about it because it twients fail so he can blame the congress for his own leadership failures. the american people see there is no presidential leadership or desire by this president to do what must be done now. he goes off to other countries when his requirement is to be here and solve america's problems first and foremost in the economy. >> do i have a minute here? megyn: go ahead.

>> i'm surprised you could deliver that without strong take a breath. it's important to understand this president has exercise leadership. they gave congress a chance to do something in this committee. 20% cuts will go into effect automatically. that will have a dramatic effect on the deficit. we'll get revenue enhancement and deficit reduction. joe manchin and several republican senators proposed a vote on the simpson-bowles bill. >> if the president exercised presidential leadership when simpson-bowles was presented he wouldn't have shelved it. >> the republicans would not

pass it. megyn: thank you both so much. a pleasure as always. big news on the bankruptcy a investment firm run by jon corzine. there may be double what they said was missing just last week. we'll see what that means for the man who was almost our treasury secretary under president obama. we are learning more about the cell phone calls the night little lisa irwin disappeared in missouri. stores that once closed their doors on thanksgiving day are pushing mega deals. a new push to stop the shopping madness.

megyn: cell phones playing a key part in the search for missing baby lisa irwin. investigators look into who used the mother's cell phone on the night the baby disappeared. first and foremost, we have been told tt at 11:57 p.m., the day the baby went missing, a phone call was made from deborah bradley's phone to the name after woman named megyn wright. both women blame don't know each other. the mother says her phone service was restrict, they hadn't paid their bill. the tells us verizon confirmed

the family could not shake outgoing phone calls that night. so you tell me why are they showing according to the fbi a 50-second phone call attempted at least at 3 minutes before midnight on the night the baby disappeared? >> first thing we'll have to look at is -- there is many different ways to explain this, megyn. you could have had someone call in via a spoof card using their number. the point self thought it was disconnected from service, the person could have dialed in listening to a message telling them they needed to re-up their contract. megyn: let me stop you there. let's just go with it's the mother calling, she is trying to make scene outgoing call at

11:57 p.m. she she picks up the phone and dials the number of megyn write, what does she hear? >> here i the thing with cell phones. they can be unpredictable. the call could have gone to an automated service that tells her you need to pay your bill to get your first back up. then that recording goes on and they hold on there hoping that the recording will stop and that they will put them through anyway. second he their cocould be we have seen in the past where a cell phone that was suppose to be disconnected from the service got one last call out of it before the network kind of caught up with it and shut it down. megyn: so you don't rule out the possibility that the phone call was actually made and received. >> i cannot rule that out based on what i know right now. i would have to have more

information. megyn: the feds have the information, right? they broke to deborah bradley and megyn wright's record, wouldn't they show a received call? our understanding it may have been a prepaid phone like you get at the store. would there be a record showing an incoming call? >> there is always a road of a call. megyn: even if you buy one at walgreens and walmart and you get the prepaid phone calls, the feds can see if you got an incoming call? >> sure. because all these companies keep detailed record of all the calls for billing purposes. megyn: what about if megyn wright had changed her phone? what we learned last week is from one reporter -- a p.i. on the scene, megyn wright who was on the receiving end of this

phone call, maybe not her, but her phone was. she told somebody she only bought that phone a month and a half before. that was a new phone according to some reports. if that's true, then is it also true that perhaps she -- does it throw doubt on the parent' story they never met megyn wright? we never called her before. she transferred her phone number from her old phone her new, fun it's a prepaid phone. >> with many of the prepaid phones they -- they allow you to port your old number over. megyn: apparently the person attempted to call deborah bradley's voicemail as well. according to our information

they dialed star 82. do you know whether the person dialed in a pass code? >> if you are have been cut off most of the time you are going to get that verizon or whatever the provider saying you have been cut off. no amount of pushing buttons is going to get you in. when you are cut off, you are cut off. megyn: the last thing i want to ask you is when they say the pings show the cell phone never left 1/3 mile radius around the house, that means literally 1/3 radius. >> the phone did not leave from the radius from around that house. megyn: that's what we are hearing. thank you very much. we would move to talk to you

again. a new look into the so fall "operation fast & furious" investigation. some critics claim attorney general eric holder used ama federal investigation to dodgeed responsibility for this. and hundreds of volunteer hours, into a real difference for over 100,000 people. what's next? tell us on facebook.

megyn: black friday chaos getting trampled by confusion as retailers rush to open not on friday as the name black friday imply, but thursday. angry shoppers pushing back at retail giant target about a decision to open midnight thursday. but walmart may open even earlier. >> reporter: angry shoppers and angry retail workers pushing back after what they call black

midnight. 200,000 signed this position trying to get target to return the sanctity of the holiday and not open at midnight. one worker says now a lot of retail workers have to go to bed at 3:00 in the afternoon. they can't even have thanksgiving dinner with their parents. here is the man who started the petition drive. >> the petition is not about me. it's about everybody i work with. this just an opportunity for us all of us to stand up and say, come on, leave us one day to spend with our family. >> reporter: target has respond by saying, the team member you are referencing is not now has has never been scheduled to work on thanksgiving or black friday at target. target does the best to work around the schedules of all of our team members. shoppers are somewhat split on

this black midnight idea. >> i think it's one of a few holidays left in this country that are pretty much universally observed. >> it many an opportunity to make money, to stay in the black. the employees should be gung-ho and say we are there. >> reporter: the other stores that are open at midnight or sooner the night before black friday, target, macy's and kohl's, those are the big ones. if the voice goes all together, i have got the tea ready and i'll start talking. megyn: you are on standby. things could go south. it happened last year. trace, thank you. coming up. the congressional debt reduction committee failing to reach a deal. what's next for the president and both parties.

a young mother disappeared an hour after appearing on the people's court. the investigation leaving her family desperate and fearful for answers. that's after this break.

megyn: a fox news alert. a high-speed car chase is underway in los angeles. trace, you and i joked before the break but taking over. you are the car chase expert. >> reporter: this one is going north of los angeles up independent state 14 as you drive through the mojave desert. this is a park ranger car. and we are told somebody who may be armed and dangerous took this from a park ranger. there was a suspect in the back of his car who had been detained by the park ranger. now you have a suspect driving this park ranger car with another suspect in the back of

the car. the car chase has been in effect for 15-20 minutes and he already crashed through a couple cars as he got to a stoplight. you can see on the right-hand side of this park ranger vehicle, that bumper in the back is ripped up. that bummer got ripped off as was making his way through the cars. this is the california highway patrol that's in pursuit. if you got a wide shout would see a number of patrol cars back there because this guy is posing a major danger. the way they approach these is how much of a risk is he posing to other drivers? is he not a high risk. this guy has somehow wiggled away this park ranger vehicle from a park ranger and there hay be another suspect handcuffed in the back. we haven't gone the any cell phone contact.

this guy has been in contact with the authorities for might be a 3 striker. california is a 3-strike law. if he's charged a felony he could go away for a long time an could go away for life. that's a park ranger car being chased up interstate 14 -- we don't know if we are on interstate 14 yet. but he's going north, leaving los angeles. >> it many tough to get away from the chp officers. we saw through the saugus area where he clipped a couple cars. it looks like the front end of his car sustained some damage as well. we did not see how that happened. kttv is also up there. you can see the front damage. this thing is moving. it's 11:00 in the morning near the west.

this thing is going very fast. 105 miles an hour. not on is he peegs risk to other drivers but to whoever might in the back of that car as well as himself. we do not know if he injured that park ranger. but at some point in time you can bet these highway patrol officers will want to do some kind of maneuver to stop him. now, you see him there. megyn: kttv is reporting they don't know whether the suspect is armed. the pursuit started at 10:27 a.m. they reported shots were fired by state park rangers at the beginning of this pursuit. you will see none of these cops will get out of the car. they will stand behind these doors. we don't know why he stopped. sometimes the many a cat and

mouse game. but you can see authorities bracing, getting behind, all weapons are drawn, you may have one, maybe two people inside this car. they will make sure this guy gets out of the car before they go up to that because they don't know if he's armed. we don't know why he stopped, if he ran out of gas or some problem with the car. very possible. this is on the 210 free way. north of los angeles here. and why this guy stopped is very unclear because he has clear open road in front of him. the offered them running out of gas are probably slim to none. megyn: this can be the most dangerous part obviously because now they are within a couple yards from the guy, and you never know, you mention the three-strike rule in california. one of the reasons we see so

many high-speed chases. it's three strikes and you are out. if somebody thinks they are going to get arrested on a third strike, they don't want to waste time. >> reporter: they will ask this go to get out. find out what's going on. right now it's unclear and a lot of local stations debated this for years and years. you can see him waving authorities back up here. this guy is giving up or something else happened inside that car. but a lot of stations will go on delay because you don't know the mental state of the person who might be inside. you can see them pulling some person out of the back. we believe that may have bent suspect in the car when it was stole from the park ranger. but that's unknown was this is such a fluid situation. there he is being placed on the ground. he will be turned face down. it appears this thing is over, megyn, but wow.

megyn: his legs are moving. it seems he might be hurt. i don't see anybody being pulled out of the back, do you? >> another guy was pulled out of the back of the car, the passenger side right door of the car, then that's when they got this which we believe might be the driver out and he's face down now. so unless -- i think there were two people -- i don't believe there is more than two people in the car, but i believe there were two people inside this park ranger vehicle, a passenger who we believe was detained by the park ranger before the car was carjacked away from the park ranger and this high speed chase ensued and you see it looks like we have come to closure on this thing. megyn: you never hear about the followup. what happens when this person gets arraigned in a criminal court? the list of charges against

them. they don't just drop this stuff. it ups the ante. >> reporter: they never get away and when they get caught they get prosecuted and they end up spending years in jail. we are getting information that the park ranger stopped someone for a stolen car. the officer shot at the vehicle and that's how this began. when you alluded to shots being fired, that was accurate. shots in some capacity were fired at some point in the stealing of this car. megyn: fox news alert. deadline day and still no deal on reducing the soaring national

debt. brand-new hour of "america live." welcome, i'm megyn kelly. the bipartisan super committee not so super. they are set to announce that they have failed, we are told. clearing the way for a series of sweeping automatic cuts or will there be? they were suppose to be divide. 50-50 between domestic spending and defense spending. something presidential candidate newt begin grish predicted would happen, the failure from day one. >> i think this super committee is about as dumb a idea as washington has couple with. i used to run the house of representatives. the idea that 523 senators and congressmen with going to sit around while 12 brilliant people mostly picked for political reasons are going to brilliantly couple with a trillion dollars

or force us to choose between gutting our military or accepting a tax increase. they can say we can shoot you in the head or cut off your right leg. which could you prefer? megyn: neither appears to be the answer. chris, i not wasn't a surprise. it's not a surprise that they failed. by it does seem to have some veal consequences. stu varney was on earlier saying not so fast with the oh, it's not going to lead to another downgrade. and he had some -- he's a business guy, he had some warnings for the politics people saying just because it what is expected it's not a big deal. but you are one of those people? >> one of those not a big deal people? in terms of what happens at midnight thursday 8, not a big deal because certainly you have got 300 or 400 days in which congress can figure out what to

do about these cuts. to stu's point of what it does to the credit worthiness of the united states, that's an ongoing factor that we have seen -- we have beening the same discussion since december of 2010 when the president and the minority leader mitch mcconnell agreed to kick the can on the bush tax cuts until after the election. we'll continue to see this play out in every facet and discussion we have until we have an election to settle this hash. megyn: our capitol hill producer said max baucus, democrat on the committee said, we are still working. somebody else said we are still work and baucus said that's because we are trying to quote find a solution. do we believe this stuff, chris? >> on this one here is what i

think is possible. there are some easy cuts that you can easily come up with. megyn: do the american people know that's not real? do they think americans are stupid? >> there is not a politically good outcome to any of this. this was a blame avoidance machine they constructed in august when they granted the president the largest debt increase in american history. they can fail but keep it compartmentalized so it doesn't spread to everybody else. the american people are deeply frustrated and fed up with a washington hat is head toward the cliff at rapid pace and nobody is going to do anything about anything until after the next election.

megyn: there is no political will or courage on capitol hill. she was featured in an episode of "people's court" thursday, trying to settle a $5,000 dispute over an engagement ring with a fiance. we have new information on the search to find her. he was the democratic governor of knowledge. considered a candidate to be treasury secretary under president obama. penn state vowing to get to the bottom of the child abuse scandal and they brought in a big gun to investigate. >> the allegation that have been raised and the charges are extraordinarily serious. crimes against children have a devastating impact on the victims and their families. what makes scottrade your smartphone's

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megyn: breaking news on a brand-new rally planned at the california university davis. the demonstration sparked by outrage over u.c. davis police pepper spraying a group of college student taking part in the occupy wall street protests. a closer look at the actions of police just ahead in "kelly's court." attorney general eric holder facing questions on the botched operation known as "operation fast & furious." specifically he told lawmakers he could not fully answer their questions until after the d.o.j.'s inspector general completes her investigation. now some are questioning whether the mere appoint of that inspector general -- having her investigate this case is just another stall tactic. william lajeunesse examines that live in the west coast newsroom.

>> republicans believe this is a veal scandal. that accountability begins and ends in washington. democrats believe the investigation by the house is a witch hunt designed to discredit the attorney general, which explains why hethis. 13 times in november, 8 times in may attorney general eric holder told congress the inspector general would answer all the questions he couldn't. >> i asked the inspector general to investigate. report. >> to deny us access to people who have first-hand knowledge under the ruse that we can't do it because therein an i.g. investigation going on coincidental at best. >> reporter: i.g. reports can be scathing and thorough or

white whitewashed. >> the conclusions were nothing but a paper tiger. >> reporter: an investigation exonerated dobyns of burning down his home with his family inside. >> the atf commit disregarded the conclusions and the findings of the oig. did nothing, held nobody accountable. >> i'm comfortable this attorney general will take decisive action. >> they are throw oh, they leave no stone unturned. they are hard hitting. >> i.g. reports do not compel people to act. this one could be different because so much is riding on it, but again we are months away. megyn: big news breaking on the brufnls an investment fund run by former new jersey governor

oncore sign. there may be $1.2 billion miss fringe vestor fund. we'll see what that means from a man who was almost our treasury secretary. newt gingrich taking aim at the occupy wall street protesters. could the backlash help him? >> the occupy movement starts with a premise that we owe them everything. they take over a public park they didn't pay for to use bathrooms they didn't pay for. ♪

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megyn: a question on occupy wall stre. presidential candidate newt gingrich answering questions at a forum on faith when the conversation turned to entitlement on some. frank luntz was asking for personal responsibility and what the candidates' feelings are. in a remark getting a lot of attention mr. gingrich said he believes some including these folks in connection with the occupied movement are more focused on personal freedom than personal responsibility. >> all the occupy movement starts with the premise that we owe them everything. they take over a public work they didn't pay for, to go nearby to use bathrooms they didn't pay for, to beg for food they don't want to pay for, to instruct those going to work to pay the taxes to sustain the bathroom and park so theying explain they are the pair gonts of virtue to which we owe everything. that is a pretty good symptom of

how much the left has collapsed as a moral system this country and why you need to reassert something as simple as say to they will go get a job right after you take a bath. megyn: you heard the applause. but there is outrage on the left in response to those comments. joining me to discuss it. the director of the rural outreach for the mccain campaign and dan gerstein, a democratic strategist. do you see a problem in gingrich's remarks? >> let many set asighted politics of this and focus on the historical context. this is the bug-a-boo of the baby boom generation. the culture war getting played out throughout the 60s, 70s, 80s. there is a group of people who believe that the biggest problem

is government is in the way and as long as you get government out of the way, american ingenuity will take over and we'll be the america we always were. another group of people believe our system is rigged against the middle class. and that's what is at the heart of occupy wall street. what newt gingrich is focusing on is the excesses we saw at zucotti park. that will play well in the primary, but once you get into a general election discussion gets a lot more complicated. megyn: there are some folks out there infiltrating this movement. but does the movement itself have a sense of entitlement? does it clash with our fundamental capitalistic ideas? is that aoint that's fair for gingrich or does he deserve to be criticized for what he said. >> occupy wall street is a destructive farce with no real

end game. independents are ouring on the movement because of the violence and mayhem. it goes against the center right values of hard work and personal responsibility. republican primary voters wanted a bold leader who will keep one eye on the economy and one eye on government reforms. megyn: dan, do you see a danger the message by some of the young folks associated with the movement when it comes to income inequality? yes it's bigger now, but do you see danger in complaining about it as opposed to doing more to get the income yourself? >> the excesses we saw in zucotti park i had a lot of problem with because i thought it was damaging to the larger fundamental point that's are making which is the income inequality in this country is out of control and obscene. it's not a question of fairness

and class warfare, this is about our economy degree tilted. the playing field we always thought as capitalistic. you rise on your talent and hard work. funding amount alley that's not true anymore. it leaves people with controlling special interests have the government under their thumb. and i think what's going to be fascinating past this election is how those two views, the different price i -- the prisms. megyn: gingrich has no problem saying this. is he espousing something most republicans believer, and that's dan's wrong, some people work harder and others and play the system better than on the

others. >> hard work and responsibility will get threw. occupy wall street is failing propaganda 101. no one is saying there are not economic inequalities in this country, but violence and mayhem is not the best way to go about it. as long as president obama continues to be a leader and stokes the embers of class warfare ... >> violence -- here is the thing. what's really problematic about what newt said is the idea, just go get a job. there are no jobs. if you are a young person coming out of college strapped with debt you are screwed in this economy. megyn: it's not the take a bath part? >> it's go get a job. it's that tone deafness, the fundamental economic problems, the middle class in this country is disintegrating.

the playing field is tilted and that's just the truth. >> i keep hitting occupy wall wall street. as long as they keep making fools of themselves, keep doing it. thank you, megyn. megyn: some university of california police are getting hammered for pepper spraying a bunch of college protesters sympathetic to the movement. but are the police being condemned too quickly? we'll take a closer look in "kelly's court." we have a closer look at jon corzine and $2 billion said to be missing from an investor account corzine was managing. a young mother disappears after appearing on "people's court. ".

>> every dumpster, michelle, i hope you are not in here. you get up and crawl on top of stuff. okay, this one -- you are not here.

megyn: fox news alert on a bernie madoff side scandal. well not quite, a big scandal growing for the former governor of new jersey. the wall street firm mf global was headed by former new jersey governor john corzine until

filing for bankruptcy last month. a little more than an hour ago a port appointed trusty testified that more than $1.2 billion in customer funds may be missing, that is double the previous estimates. fox business network's elizabeth mcdonald joins us. this guy was going to be president obama's treasury secretary, a national lee known figure. then he goes off to run this mf global. great, make a bunch of money, that is all american. stealing money isn't. is that the allegation that $1.2 billion is missing because someone stole it or someone did something with it that they weren't allowed to do. >> reporter: john corzine sat on the budget committee too. this case is taking a serious turn here. the bankruptcy trusty is saying now at least $1.2 billion could be missing, that is a shortfall this customer accounts. what they are basically probing

is whether or not the money was used to cover trading losses. the trusty who worked on the lehman bros. collapse, he is looking into the dollar amounts that have been allegedly comingled. this is an important issue because mf global appears to have broken the cardinal rule on wall street and that is you don't comingle customer funds at all. the market regulators who oversaw his company said they had never seen this on the floor of the exchange where mf global operated. the issue now is whether the money was used for the traders' own trading losses. if that is the case that money is gone. megyn: thank you very much. >> reporter: sure, delighted. megyn: big developments in the penn state child sex-abuse scandal. they are tapping former federal f.b.i. director and a federal judge to head the investigation. here he is speaking earlier today. >> i assembled a team of

professionals with investigative, law enforcement, prosecutorial and judicial experience, who are all completely independent of penn state university. we have already begun our work. we have established a toll-free hotline for people who call if they wish to provide information to us. megyn: dean ocosta is a talk show host on the mad dog radio show. they were going to have two guys connected with the university investigate the university. i think we've had enough of self-dealing inside penn state university. >> all of the judicial mechanisms so far have failed the victims, specifically, failed penn state university, the people of the great commonwealth of pennsylvania. they need to have an independent investigation. when we get into a court of law i don't believe because nepotism

rules a lot in this case. paterno is a legendary figure, penn state is hallowed down. even with sandusky being out on a hundred thousand dollars bail, this is nuts in a lot of people's minds. i've been taking calls for the last two weeks and people are expressing outrage at the fact that he's out on one hundred thousand dollars bail. megyn: without an ankle monitor. >> i don't even know if his passport has been taken away. the judge that gave him that bail had previous dealings with sandusky. megyn: and had campaign contributions from his second mile charity. >> exactly. the federal government has to get i solve get involved in this. megyn: the penn state president is gone, the athletic director and the vice president who allegedly knew about this. they've been add least temporarily gone, one of them permanently, obviously paterno gone, sandusky has been gone for a while. you raise an interesting point before the show, what about the fact that sandusky was allowed

to retire in the late 1990s? who did that? why? how many people would have known? wouldn't the university have said what, that guy is leaving, why? how deep do you think this goes? >> i think the rabbit hole goes a lot deeper than people realize. as the information continues to come out it's going to become even more sorted. let me go back. i think that the two guys that were arrested and arraigned i thought that that should have happened, but i said on my show the monday after this story broke, this story broke over the weekend on a saturday, i got on my monday night show. i said paterno needed to be not only fired but arrested as well. as to your point about sandusky it was a great point. he was a young man, he was 55 years old at the time he resigned, retired. he at one time was going to be the heir apparent. he interviewed at maryland forehead coaching positions e didn't get those jobs. very, very suspicious. his final game as the head coach

of penn state, they shutout the fiestaowl that season, there was no reason for him to go anywhere. when everybody comes out in the end, in the wash i think what you'll see here is that sandusky was given a deal to leave, told to leave in lieu of not going forward with information that they knew. megyn: it's even worse than that. that would be bad enough, if they did that, if they covered up what they knew at that point, which allegedly had included at least one reported incident of child rape when he retired, that was before. then they let him back on campus. then they let a charity he founded that was meant to help little boys, disadvantaged boys, but they knew it put him in contact with little boys, they allowed him to bring those little boys onto penn state university and use campus facilities for his crimes, for what they had reason to believe what would be crimes. >> unfettered access to the facilities, the locker room. the one question that wasn't

asked a few nights ago on television was when he admitted he was wrong for taking showers with little boys i want to know why the interviewer didn't say, what was the motive for even taking showers? should a man your age be taking showers with little boys? megyn: he admitted that was wrong, he shouldn't have showered with little boys. >> understood. what was compelling him to do that to begin with? and the last thing, megyn, he was recruiting for penn state as early as this past summer. megyn: as late as this past summer. >> as late as this past summer, correct. megyn: let's quack abou talk about mcqueary, the guy who said he walked in on sandusky committing a child rape, and according to the indictment left immediately. he's an important prosecution witness because he said he saw it and reported it to the two guys that didn't do too much if anything about it. he's coming out in the wake of criticism about this. great, finally all these years later you're talking to the cops, you didn't talk to the

cops back then, you didn't stop it. he sent out an email to his friend saying, you know me, i did stop it, not physically, but i did stop it. and i did talk to the police. the campus police say you didn't talk to us. the local police say you didn't talk to us. this guy has been put on administrative leave. he is not yet fired. >> he's gone. he'll never be on campus again with penn state. he's as culpable for this happening and who knows how many future rapes or molestations of young children happened because he failed to take the right path. megyn: he walked in on it in 02. >> now he sends out the email saying, no, he stopped it. i don't believe it. i think when this comes out, when the smoke settles and the dust clears in the end this is a major cover up that is going to involve many individuals at penn state. and i think again paterno is won't that is being let off the hook more than anyone else. because joe paterno himself goes without question he should have

been fired, but he should have been arrested as well. megyn: it was amazing when you saw those penn state students proceed helping his firing. >> unbelievable. brain-dead dumbed down kids at that university. continue believe what i saw. megyn: not all of them, they were a little confused. all the best sir. >> thank you. megyn: pepper sprayed at the university of california. crowd control for an illegal tkrepl straeug demonstration, or police brutality? we'll take a closer look at the tape next in "kelly's court." [ male announcer ] how are we going to make this season better than the last?

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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: "kelly's court" is back in session. on the docket today a face full of pepper spray at a peaceful protest. the chief of police at the university of california's davis campus now on leave, and the school's chancellor is rejecting calls for her to step down. look at this. it all started on friday, demonstrators staging a sit-in

when two officers emptied the tank on them. many were then arrested for unlawful assembly and failure to disperse. critics are crying police brutality, and then investigation is now underway. joining me now to discuss it former prosecutor, now defense attorney arthur ey aidala, and mar. one lieutenant, charles kelly arthur has come out and said i see no trouble here. this is fair lie standard police procedure, a compliance tool. even the head of the uc davis police said, look they were posing a threat, they had the officers surrounded. is the tape as clear as it appears. >> i'm in the middle of doing a study on cameras in the courtroom in the supreme court. justices say they don't want it

because people will only look at ten or 15 seconds of what they want to see or what the media chooses to show them and make their decision based on that. it's the same exact principle here. do we know what happened beforehand. do you think that cop woke up that morning and said, let me pepper spray some can i at davis. or is what happened here, is they were given an order, a direct order. there was a letter that went out to earlier that day to the protestors. you have to pack up your tents, literally your tents and move them out by 3:00pm or you will be forced to move out. a police officer in that position to do his job is doing what he is trained to do. now you could say, well he should have used teargas as opposed to pepper spray. that is above my pay grade. that's what he was told to do. megyn: you are allowed under the california penal code to use reasonable force to affect an arrest. they were telling the students to get out. they wound up arresting them and charging them with unlawful

assembly and failure to disperse. will this police officer successfully argue he was using reasonable force rather than laying hands on them or using batons on them which is also at times legal to affect that arrest? >> no, not if i'm on that jury and i have anything to do witness. listen, i'm not indicting police officers, i wouldn't want their job, they've got a tough job especially dealing with people who don't particularly like them. but in this instance contrary to what arthur is talking about, when he had his cheerios in the morning somehow he didn't have the intent to do this. that is not the issue. if we're doing the legal test of excessive force is whether the abgs he implemented were necessary to achieve the legitimate police purpose. was it necessary? one would argue it was just the opposite. if you want to physically remove the people you don't incapacitate them. i also take exception to handling as a who he. each one is come with me sir, then you can decide what you want to do. megyn: i think the tape looks bad, arthur.

what is a law enforcement officer supposed to do when you show up and you say disperse, you've been given the order, you're not agreeing, i'm about to place you under arrest. you're all under arrest for failure to abide by the order, what are they allowed to do? what should he have done? >> you correctly articulated the law. they are allowed to use what they deem to be reasonable force. reasonable force varies by the situation they are in. what should be noted here is that the police were significantly outnumbered. i understand these are peaceful protestors, but they were significantly outnumbered. had the t ide turned in any way now the police are put in a position where they have to use deadly physical force. takeout rubber bullets. don't phaser me, dude, don't taser me. >> these people as you can see on the video are passively sitting down, arms locked in a peaceful protest. what should they do? megyn: according to the woman that oversees the police, she is the police chief on the campus

she says the students had encircled the officers. they were looking for an exit, they were looking to leave but unable to get out. does that tpaoeu, mark? >> i don't see it. i want all the facts available. from the videotapes it seems to belie what they are alleging is the situation. what are they supposed to do? you go up and ask someone to comply with you. asking ask them to leave and if you don't then you do what police officers do. arthur, they are trained to physically restrain them. >> let's go with your hypothetical. they go, mr. smith i have a memo from the school's chancellor that says you need to move, please move, and he spits in the cop's face or he doesn't he just sits there like this. , i take it back, he just says i'm not moving. now what does he do, mark, hit him with a baton, taser him? >> you don't hit him with a baton. >> what do you do. megyn: you'll have to lay hands on him. these why this police chief out in baltimore, the former guy kelly saying pepper spray is better than using a baton or

laying hands on him. megyn: megyn you've got to physically take them, pepper spray or not. you have to physically arrest them. you don't have to use the pepper spray. megyn: that is the final word. good job to both of you. think again. and take aleve. it's the one doctors recommend most for arthritis pain... two pills can last all day. ♪ you noticed! these clothes are too big, so i'm donating them. how'd you do it? eating right, whole grain. [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios... five whole grains, 110 calories.

megyn: michelle parker appeared on the people's court facing off against her e fiance over her engagement ring. hours after the episode aired the young mother from orlando disappeared. trace gallagher has more. >> reporter: 33-year-old michelle parker and her exfiance did have a pair of twins together and michelle parker was last seen dropping the twins off at his house short lee after that people's court episode aired. a short time later she sent a text to one of her friends and then vanished, nothing. the next day her hummer suv was

found in an apartment complex that was near a very busy mall. the e fiance has been investigated and police now say there is no evidence that he was involved in any foul play, but on the people's court she did accuse that exfiance of being abusive and leaving her two or three times over the past year. police first began searching the area where that cellphone text came from, did not find the cellphone, did not find her, now they've kind ofidened the search, really encompassing all of orlando. her family believes she is in grave danger. listen. >> every dumpster you're like, oh, michelle i hope you're not in here, baby i hope you're not in here. and you get up and you crawl on top of stuff, and you look and you're like, okay, this one is eliminated. you're not here. >> reporter: they are now in the process of checking surveillance cameras in and around the area where her suv was found, megyn but so far they have very little

to go on in the disappearance of michelle parker. she has three kids, twins and another baby. megyn: oh, my god you listen to that mother and you really -- i mean what a place that must be for her. trace, thank you. >> reporter: okay. megyn: she is used to a lot of a tense in hollywood but this weekend my louisiana kuni mila kunis was the bell of the ma reason core ball. wait until you hear what the marine whoess cored her is saying about the hollywood starlet today today i

megyn better bring your dancing shoes if you are taking a hollywood heartthrob to the dance. actress mila kunis making good on her promise. the sergeant made a youtube video asking her to the event. he said she was down-to-earth and interested to learn about the history of the marines and their traditions. good for her. last week justin timberlake attended after an invitation from a female