jon: that's not going to be good, i can tell you that. [laughter] thank you for joining us today. jenna: "america live" starts right now. megyn: fox news alert on an increasingly bleak forecast for the nation's economy. welcome to "america live," everyone, i'm megyn kelly. the director of the congressional budget office was back in front of congress just about three hours ago facing tough new questions after an economic forecast that was a lot groomier than some of the headlines and speeches we have heard of late. doug elmendorf warning that economic growth is about to get worse. >> as you know, the pace of the recovery has been slow since the recession ended about two-and-a-half years ago, and we project it will continue to slow. according to our projections, we're only about halfway through the recession and aftermath. >> are there more people today

or fewer people working today than on inauguration day of 2009? >> i believe the answer to that is there are fewer people, congressman. megyn: joining us now, charles payne with the fox business network. this guy had piece of bad news after piece of bad news as he testified before congress. economic growth is only going to be 2% this year and an anemia 1.1% next year. that's what he's saying. he says that the cbo estimates unemployment will not get above 8% in 2012 or 2013, and he says in 2012 they believe it's folk to be at 9.2% the whole year. i mean, you tell us, how pad is this? >> it's really bad. this takes us back to the summer of last year. you remember when everyone was talking about, megyn, about a double-dip recession. when you start talking 1%gdp, will be, we just had a number for december that came in below estimates, and everyone said that was a great period, everyone was shopping, the country was back.

when we start getting to these levels, it's extraordinarily dangerous, and some of the contributing factors i worry about, you know, more taxes on investment, more taxes on people out there. 30 million americans going to get hit with that, some people that make as little as $35,000 a year -- $75,000 a year are going to be paying more taxes. certainly tough business regulations and business environment. it's a very tough, tough mix that puts us back in that vulnerable place where one small hiccup, and we're in a lot of trouble. megyn: he's talking -- i mean, economic growth 1.1% next year. that's what he's saying, 1.1%. now, they put out a report earlier this week talking about how the debt, you know, the astronomical right now and, you know, we -- it's going to be over a trillion dollars this year, it's been over a trillion for the past four years, and they said, you know, we could largely solve the yearly

deficits if we get rid of the bush tax cuts. but this same group said if we do that, then people aren't going to spend as much, and we're going to hit growth. so numbers that we want to be big, like the nation's growth of, you know, let's say 3% in a break-even year would fall down. if you're talking about a 1.1% growth rate next year, right? economic growth, 1.1%, then you basically impose tax hikes on large portions of americans. even americans who make $250,000 a year, what's it going to do to that number? >> it's going to make the number a lot worse. it's going to be a harsh situation. listen, we want to grow out of this. this is the point. we want to grow out of in the. we're looking at an environment where you're going to disincentivize anyone that's thinking about investing and encourage anyone who may be on the tip of finding a job. because we're already spending almost $700 billion on welfare and unemployment programs. you know, we're going to pass an extension of the payroll tax

cut, of unlimited unemployment, so you've got two with thing here that really hurt the economy. we have nobody investing, and look at all the hoopla over facebook. imagine if we had a series of companies like that, things we could be excited about, things that could ignite this country. instead, megyn, investors are going to go into a shell, and a lot of people who might consider going to work are going to say, why should i? that's a terrible mix for an economy that, obviously, is going to be vulnerable. megyn: it looks like they projeg these numbers under current law. current law would have the bush tax cuts expiring at the end of the year, so that could explain why for 2012 it's going to be a 2% growth rate but for 2013 it's going to be 1.1%. >> by the way, the cbo also admits that all of these things going into effect probably means 750,000 fewer jobs next year. megyn: wow. they say we need at least 3% just to sort of maintain where we are, never mind really grow

and recreate job. charles, thank you. >> you got it. megyn: again, if you read the full report from the congressional budget office, you will see they expect unemployment to rise and economic growth to slow down over the next 18 months. however, if you were watching this show a few days ago, you heard president obama paint a very different picture. listen here as he spoke to a democratic leadership group late last week. >> we did not tip into a great depression. the auto industry was saved. credit started flowing to small businesses again. and over the last 22 months we have seen three million jobs created, the most jobs last year since 2005, more jobs in manufacturing than we've seen since the '90s. megyn: and the president went on to say, quote, we have righted the ship. so how do these two men, elmendorf at the cbo and president obama, wind up with such different views from the same set of numbers? what's really going on with the

forecast here? we will try to get you some answers with economist matt mccall and political analyst rich lowry later in the broadcast. the u.s. conference of catholic bishops is now reaching out to congregations across the country recruiting parishioners in a campaign to turn back part of the president's health care overhaul. the administration has issued a rule that will force nearly all private health plans to include coverage of contraceptive drugs and devices as well as sterilization. the church says this will effect the vast majority of faith-based organizations including catholic hospitals and universities, and they are not happy. the president today had his first chance to address this controversy at the national prayer breakfast. lauren green was there, and she joins us live from washington. >> reporter: hi, megyn. health and human services says the obama administration doesn't want to get into a battle with the catholic church, but official bees i've talked with says, you know what? the battle is raging. at the 60th annual national

prayer breakfast this morning the president did not mention the hot button issue but instead talked about the need in a pluralistic society to be mindful of other people's beliefs and practices. now, catholic church official bees, as you've said, have begun a major pushback against the federal health care bill that would require church institutions like universities, schools and hospitals to provide contraceptives and other benefits that would violate church teaching. house speaker boehner this morning joined the chorus saying the bill oversteps legal boundaries. >> i think this mandate violates our constitution, i think it violates the rights of these religious organizations, and i would hope that the administration would back up and take another look at this. >> reporter: now, earlier this week press secretary jay carney responded to the catholic church's accusations. >> we will work with religious groups during a transitional period to discuss their concerns.

but this decision was made after careful consideration by secretary sebelius, um, and we believe that the proposal strikes the appropriate balance between religious beliefs on the one hand and the need to increase access to important preventive services for women. >> reporter: he talked about that transitional period. catholic institutions have a one-year grace period to figure out how best to abide by the law and their faith. megyn? megyn: lauren green, thank you. well, our focus group had something to say about this yesterday. log on to foxnews.com/"america live." you can watch the whole back and forth there and get updates on the other stories that we are following right here on "america live." well, presidential hopeful mitt romney doing a little back pedaling today after saying this in an interview yesterday. >> i'm in this race because i care about americans. i'm not concerned about the very poor, we have a safety net there -- megyn: but are these comments being taken out of context? we'll show you the full answer, and we'll tell you how this is

now being spun by some folks in the media and have a fair and balanced debate right here. plus, nightmare on the slopes. a boy slipping off of the ski lift. the only thing keeping him from a dangerous fall, his father's grip. just ahead, how fellow skiers saved the day. and many of you have taken part in their walks, raising money in hopes of finding a cure for breast cancer. but now susan g. komen pulling funding from one organization, and that decision has set off a firestorm of criticism. >> the accusations being hurled at this organization are profoundly hurtful to so many of us who have put our heart, soul and lives into this organization. but more importantly, they are a dangerous distraction from the work that still remains to be done in ridding the world of breast cancer. [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d.

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megyn: well, new efforts underway to abolish the dollar bill. it's an ongoing battle in washington. proponents say it's wasteful to print dollar bills because they wear out, insisting metal coins can stay in circulation undamaged and useful for decades. remember, we talked about this. senators john mccain and tom harkin introduced a new bipartisan bill on tuesday stating that discontinuing one dollar bills will save the government a load of cash in the long run. a fierce political battle has exploded over the last 24 hours between the country's leading breast cancer group and planned parenthood. the susan g. komen foundation for the cure which is the charity behind the pink ribbons you see all over the place raises $365 million a year for breast cancer research. planned parenthood will not be seeing a dime on that on a go-forward basis. planned parenthood claims that is because there is a new pro-life executive at komen who doesn't like their abortion

services. but the komen foundation has released this video statement from its founder and the sister of susan g. komen about their decision. >> some might argue that our standards are too exacting, but over the past three decades people have given us more than just their money. they've given us their trust. and we take that very seriously. regret regrettably, this strategic shift will effect any number of longstanding partners. but we have always done what is right for our organization, for our donors and volunteers. we will never bow to political pressure. we will always stand firm in our goal to end breast cancer forever. we will never turn our backs on the women who need us the most. megyn: what she's saying is that the organization is now barring support for organizations who are under government investigation no matter who those organizations are. and in this case that includes planned parenthood. joining me now to discuss it,

sandy can rios, vice president of family pac federal and a fox news contribute e and also here jeff knew green, a fox news contributor. thank you so much for being here. you know, this raises a lot of tough issues, and the susan g. komen foundation is getting slammed for doing this because while they say it's because they no longer want to give money to any group that's under goth investigation, it turns out that out of the 2,000 groups they donate to, this new edict effects one group, and that's planned parenthood. let me start with you, sandy, your reaction to the decision. >> i think it's a fabulous decision. it doesn't make any sense at all for an organization dedicate today save women's lives to give money to an organization that takes the lives of so many little ones. they do nothing to prevent breast cancer. they don't even do mammograms. in fact, in an undercover

investigation which is the reason congress is investigating, one of the reasons, 30 planned parenthoods were contacted for mammograms and breast cancer screening, and they don't do it. they refer you to another entity. they're taking money from susan g. komen under false pretechs. that's not all -- pretensions. that's not all. they have a web site called teen wire where they instruct kids on sexual instruction, and yet they have the good housekeeping stamp of approval by the nation because people don't really understand what they're doing. they get tax dollars, they call themselves a charity. planned parenthood has some very serious ethical problems. susan g. komen made a grease decision -- great decision, and i hope women listening to me will donate to susan g. komen. this is a courageous decision, and it's the right decision. megyn: i know you see it very differently. >> absolutely. and i start at it from a personal place. my mother was diagnosed with breast cancer in 2009.

thank goodness she had great health insurance, and it was caught early, and i applaud her as a breast cancer survivor every day. but i also know that there are countless numbers of women who do not have health insurance, who do not have the resources that my mom did to have their cancer detected early x the only place that they can turn to has been planned parenthood. so when i hear sandy say that they don't do breast cancer screenings, i can only say let's ask the 750,000 women who have gotten breast cancer screenings at planned parenthood. megyn: is it that -- if i could just jump in, jehmu, they do palpations, you know, they check breasts to see if there's a tumor or a lump or something, correct? >> they absolutely check the breast to find tumors or lumps, and they counsel the women and

provide the absolute direction in which to take care of their needs in that time when you get that diagnosis. and having been there with my mom when she got the diagnosis, it was the worst day of my life. and at the end of the today, megyn, cancer doesn't care about politics. any family, any person in america who has dealt with cancer knows it doesn't care about politics. and the fight for the cure should not either. so it is, it's, um, it's -- i just can't even understand how groups that claim to be pro-life would put on the, you know, chopping block countless numbers of women, poor women who -- >> oh, come on, jehmu. [inaudible conversations] megyn: let sandy respond. >> this is not politicizing -- megyn: let sandy respond. >> jehmu, i'm sorry about your mother, but do you really think you were the only person in the

world who had a mother or sister die of breast cancer? do you think that millions of us who believe life is precious have not suffered from breast cancer? planned parenthood examines breasts and sends people out for a mammogram. it's a hoax. what they really do in the back room is abortions, and you know that. so this is all a scam, and it's a deception for women to think that i'm going to pay all this money to go to planned parenthood and feel a lump -- i can do that. then i can -- >> one out of five women in america have visited a planned participant hood center. >> that's too bad. yeah, nine out of ten get abortions. >> their only option for health care. >> oh, come on. >> this is not about abortion, sandy. >> really? >> this is not about abortion. let's talk about breast cancer. >> i'm glad to do that. >> let's talk about early detection. and cancer cannot be politicized because at the end of a day if -- megyn: hold on, hold on. let me jump in.

>> you can be diagnosed with cancer. >> of course. megyn: let me jump in. >> it is the only place you can jump in -- megyn: i'm jumping in. i'm jumping in. the organization as you heard says this is not about planned parenthood's abortion services. they say the komen foundation that we have to restrict our process because there's too many people who want money and too little money to give, and the new rules say if you're under investigation, you can't get the dough. that's what we heard the founders say. the detractors say a woman named karen handle was hired as vice president of public policy at komen last year. she has been very open about not supporting the mission of planned parenthood, and when she ran for office in georgia last year, she said she would eliminate state funding to planned parenthood when she got there. do you believe, sandy, that the decision is as the komen foundation claims unrelated to the abortion services? at planned parenthood? >> you know, i wouldn't have any way of knowing.

i have to take them at their word. if i had to say what i think, i think susan g. komen has been like many other organizations and the sister who runs it, they have been deceived. they think plan t parenthood is this wonderful organization, and they're just trying to help. they didn't understand, they were being deceived. planned parenthood does zero. they do breast exams and send you out. they do nothing to prevent breast cancer. that's what susan g. komen is about. they should be applauded for this, and their money should be better spent. megyn: people have been inspired to donate to fill the gap. why isn't that the answer, people who support planned parenthood can donate directly? >> there has been a tremendous groundswell of support to planned parenthood's breast cancer health emergency fund, and everyone should go. women who care about this, women who have health insurance but also understand that our fellow women, many of them do not -- should go to planned

parenthood.org and should continue to support this organization that is the last line for many low-income women -- >> oh, sure. megyn: i thank both of you. sandy and jehmu, all the best. we'll be right -- you always have homework, okay? i don't have homework today. it's what's right here is what is most important to me. it's beautiful. ♪ ♪

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megyn: fox news alert, the fallout escalating from a deadly soccer riot in egypt. police firing tear gas at thousands of demonstrators in the center of cairo in just the last couple of hours for failing to prevent a massive brawl that left more than 70 people dead. some of the victims were stabbed, ohs suffocated trying to escape through a narrow corridor. leland vittert live from our jerusalem bureau with more. leland? >> reporter: megyn, there is a feeling of here we go again in

egypt. the latest video out of cairo shows police and riot military police firing tear gas at protesters who are trying to break into the interior ministry. in response, the protesters are throwing molotov cocktails. this all began yesterday when a team and more importantly fans of a team that were behind the revolution a year ago were attacked. at least 70 people were killed, and the two incidents put together -- what's going on in tahrir square right now and the incident yesterday -- certainly has the possibility of sending egypt down the path of uncontrollable violence once again. seen on egyptian state tv, the players and fans ran for their lives as a crowd took over the soccer field. they ran, however, into a locked gate where witnesses say fans faced certain death either by suffocation as they were crushed in the narrow exit tunnel or at the hands of an enraged crowd armed with knives and spears. >> translator: i swear to god, i

saw people being thrown off the stadium steps, says this fan who attended the game in port said. local fans rushed the field when their team won against visitor from cairo. at some point stadium officials turned off the lights. witnesses say police either stood by overwhelmed or joined in. as survivors of the melee returned home to cairo via train, fellow fans greeted them chanting, we will get their rights or die like them. as many vowed to avenge the more than 70 killed. for others it was more perm. [speaking in native tongue] >> translator: my son has not answered his phone since yesterday, said this woman begging for help at the train station, please, please, help me look for him. >> reporter: in trying to pacify some of the protesters there in egypt, the government has fired two high-ranking officials, and they promise an investigation into the police force who did nothing. many people are now saying that it was intentional that they allowed all these people to be

killed. it may not be enough, though, megyn. we are told there are new mass demonstrations planned for tahrir square for tomorrow, friday, afternoon prayers and very rarely do those go peacefully. back to you. megyn: leland vittert, thank you. well, a poor choice of words for mitt romney playing everywhere today. >> i'm in this race because i care about americans. i'm not concerned about the very poor. we have a safety net there. megyn: does mitt romney really not care about the poor? or do some of the folks quoting this line have it out for mitt romney? we'll have a fair and balanced debate on that coming up. plus, occupy open protesters enrage police in some fierce fights over the last week. and now they say they're going to sue those police. but in five minutes we've got some new video suggesting their case could be in some trouble. and the food police are on the rampage, this time trying to take down your twipg keys! the war on sugar just ahead. ♪

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megyn: well, new developments on a story we've been following all week involving the violent occupy oakland protests last weekend. they were some of the worst since the demonstrations

started, protesters smashing into city hall, vandalizing the lobby and burning american flags. now the occupy groups say they will sue police for unlawful detention and using unnecessary force, but we've got some new video today that may not help their case. trace is live in our west coast newsroom. trace? >> reporter: and i'm going to show you that video in just a second, megyn, but it's very important to point out a couple of things. the protesters say they were the ones who were peaceful, and it was the police who created the violence. two, remember, all of the arrests or almost all of them happened at the convention center in downtown oakland as well as the ymca. that's where all the police were. there were few, if any, police at city hall, and take a look at this. these are the occupy protesters storming city hall. they actually broke in the front door. you can see them pry the door open, and in they come. as they walk in the front door, they'll begin kind of trashing the place, dumping over the trash cans. the camera is focused on the

entrance, but when police got there, they had broken into an elevator electrical shaft, they had tried to set off the sprinkler system, they had busted a 100-year-old model of city hall, vandalized a number of offices and, as you see there, dumped trash and threw trash cans all over the place. and then in the next video they actually took a flag from inside the building, carried it outside, and they set the flag on fire. and this is when police began arriving and arrests were made there. inside to outside the flag then set on fire. the police chief in oakland says it's the protesters, not the police, who controlled the tempo. the protesters disagree. listen. >> they're peaceful, and we have no reason to, um, do anything different than what we've been doing. they are intent on causing damages and breaking out windows and assaulting people, then our job is to respond to those things. >> when you put people in uniform with tear gas and flash

grenades and you're throwing it at innocent people that you know don't have the same weapons that you do, that's called military tactics. >> reporter: by the way, the occupy protesters have cost the city of oakland almost $10 million over the past three months. now they're going to sue. this videotape may be exhibit one for the city. megyn? megyn: trace, thank you. well, mitt romney taking some heat for what some view as a very poor choice of words. headlines screaming that the republican presidential candidate doesn't care about the poor. but were his comments taken out of context, and are the criticisms fair? here's a good part of the original interview. >> i'm in this race because i care about americans. i'm not concerned about the very poor, we have a safety net this. if it needs repair, i'll fix it. i'm not concerned about the very rich, they're doing just find. i'm concerned about the very heart of america, the 90-95% of

americans who right now are struggling, and i'll continue to take that message throughout the nation. >> i've got to ask you, you just said i'm not concerned about the very poor because they have a safety net, and i think there are lots of very poor americans who are struggling who would say that sounds odd. can you explain that? >> well, you had to finish the sentence, soledad. i said i'm not very concerned about the very poor that has a safety net, but if it has holes in it, i will repair them. we will hear from the democrat party the plight of the poor, and there's no question it's not good being poor, and we have a safety net to help those that are very poor. but my campaign is focused on middle income americans. megyn: joining me now, simon rosenberg, the director of the new democrat network, and a former campaign adviser to president clinton. and mark thiessen. mark, let me start with you. the piece that's being pulled out and played over and over

again is i'm not concerned about the very poor. already the democrats have made an ad out of it, newt gingrich has gone after him about it. as you can see in that clip, that's not the full context of the remark. but what was he trying to say? >> well, he was trying to say the poor are taken care of by the nanny state. i mean, i think that the wrong focus is to say that he doesn't care about the poor. what i'm concerned about as a conservative is he doesn't seem to care about the nanny state. we as conservatives are the party of the opportunity society and upward mobility, and under barack obama's economy two million people have gone from the middle class into poverty. and so we should not be okay with two million people going into poverty. we should not be okay with a permanent underclass that lives off of -- on welfare and vouchers and the rest. as romney said, what we should -- the message he should be articulating is we don't accept a permanent underclass. we believe in upward mobility, not the downward mobility of

barack obama. megyn: simon, obviously, you can take that sound bite and make hay of it, right? but there's a piece, there's an interesting op-ed in the "wall street journal" today that talks about how there's a reason he's not that concerned with the underclass and, you know, is satisfied with their safety net. marc doesn't like that, but there's a reason, and they talk about how the social problems associate with the the so-called underclass have their origins in deep cultural changes that are beyond the capability of any president to undo. what say you? >> well, i think the other thick that mitt said that was a little disturbing was that it's only 5 or 10% of the public that is deeply poor. it's actually 20%, by some measures it can be much be higher. and i just think all of this is reinforcing -- it's just, what makes this odd, megyn, i really agree with a lot of what marc said. what makes this odd is the guy running for president basically said, i don't care about 20% of the country -- megyn: because he thinks they're

already taken care of. >> you know, that's silly. it's a silly statement. he could have said i'm fighting for the middle class without saying, oh, by the way, i don't care about one in five americans, they're doing just fine. this is where marc is concerned and rush limbaugh is correct. we shouldn't be satisfied with 20% of the country in poverty right now. and i think it was a bizarre, out of touch statement reflective of other things that have stumbled out of mitt romney's mouth. what we, remember, all this reminds us that mitt romney's only won one election in his career, he's not a deeply experienced politician, he's made an incredible number of mistakes on the campaign trail, and if i were a republican, i would be worried about his basic competency to conduct himself against barack obama in the fall election. megyn: he has said this thing repeatedly on the campaign trail. here's one from a town hall meeting in october. this is a quote. the people we need to help most are not the poor who have a safety net, but the middle class.

then there was a debate in october where he said almost exactly the same thing. you hear him on the stump, the phraseology was inept this time around, marc, but that's politics in today's day and age. >> yeah. i wish simon wouldn't agree with me so much because i don't think he's right to say mitt romney doesn't care about 20% of the country that's in poverty. he does care about them, and he thinks it's perfectly fine for them to be part of the nanny state. what he should be doing is saying what ronald reagan said in his 1992 convention speech, his parting address to the republican party where we should not be satisfy with the the fact that millions of our citizens live in poverty and fear of violence and won't leave their homes and live in this abject poverty. we should dedicate ourselves to a new beginning for that. we don't accept as conservatives the downward mobility society of barack obama. we don't accept as conservatives the permanent welfare state. we want to help poor people become middle class, get jobs and opportunity in education. i think that's the message mitt romney needs to be articulating.

megyn: some of our viewers have pointed out of all the candidates on the gop side including president obama on the democratic side, mitt romney's the one who gave most to charity to help disadvantaged folks. does that, you know, does that move you at all? >> no. it's a percentage of his income. look, i think the challenge for republicans right now if mitt romney's the nominee, if they go into the election looking like they're the party who are protecting people who are wealthy and have privilege against a party that's fighting for everyday americans, they're going to lose. it's one of the reasons why the republican party's numbers are down, mitt romney's one of the most unpopular potential nominees. republican party numbers are 15, 20 points below democrats, barack obama's winning by six points last week, and so part of this is what i think the fear and even rush limbaugh, i'm just going to paraphrase rush limbaugh, right? this fear that these kind of words can be made into a caricature -- megyn: he says everybody knows

what he's trying to say, but he didn't say it, and he makes himself a target with this stuff. coming across as the typical rich republican. >> i agree with marc, and i agree with rush today. megyn: and we'll leave it at that! those words will never be spoken again. thanks so much. lisa irwin's parents are speaking out to dr. phil. next, hear from someone who was in the room at that interview and, also, met with dr. phil. bill stanton's here at the break. and capitol hill grill. the attorney general goes before congress to answer questions about a botched gun-walking program that armed dangerous criminals. >> have you, to your knowledge, disciplined anyone from wide receiver? >> no, i have not. um -- >> have you dispalinned anyone from fast and furious? >> no, i've not as yet. as yet.

megyn: little baby lisa irwin missing now since october, and now her parents are speaking out again in an interview that is scheduled to air tomorrow on the dr. phil show. here's a promo. >> an all-new dr. phil. missing since october -- >> i want to know why baby lisa hasn't been found. >> the parents under suspicion. >> you thought they did it. >> yes. >> now, the exclusive interview. >> her parents have not spoken out in three months. >> to answer all the accusations. >> you think they jumped to conclusions about you -- >> there was just people making outright lies. >> were you told that you failed a lie detector test? >> i was told that. >> what happened that night? >> you did not mention that you had been drinking. >> no, because it has absolutely nothing to do with her being missing. >> that hasn't been revealed. >> you reported that the lights in the house were turned off, and you went to bed. jeremy comes home at 4 a.m., and all the lights are on. were you just wrong about that? megyn: bill stanton, you saw him there in the promo, he is part

of that special promo. he is a private investigator, and he has been working to find the truth in this case including very closely with the family. bill, you've said all along your client is the truth f it turns out the parents did it, you'll investigate that. you go out with them to the dr. phil taping, and i'm interested in that part where he asks them about failing the polygraph. what have we learned? >> well, joe says on -- >> joe, their lawyer. >> says on national tv that he was told by law enforcement they did not, she did not fail the lie detector test. megyn: that she did not fail the test. >> she did not fail the test. megyn: but the news all along according to her has been that police told her she did fail the polygraph. >> right. and as we all know, sometimes in interviews and interrogations police will lie, they are allowed to be deceitful and maybe that's what they said to her. megyn: so now the news is that the police told joe tacopina, their lawyer, that she did not fail the polygraph test?

>> that's correct. megyn: wow. of that's a significant shift. >> right. and as we've seen, megyn, throughout this whole case there will be people, talking heads, on all the networks. they'll go on and say one thing they hear as gospel, and it's not necessarily true. megyn: yeah. this case has been full of items like that. >> that's correct. megyn: we talked about why would they be doing this, talking to dr. phil, and does it suggest anything about their guilt or they innocence in her disappearance? you raised a good point. >> well, think about this. joe tacopina, why in god's name -- let's entertain the fact if they were guilty -- would he want them going on tv, you know? the case is, essentially, cold. you don't hear much about it. the only reason, in my opinion, they're on and why i'm on here is to keep it in public awareness. someone looking to collect that $100,000 reward, and let's find baby lisa. megyn: so if you're the parents and you did something to your daughter, the case has gone

cold, you got away with it. why go back on -- why generate more attention? >> why attempt to prosecute, press charges? just let it fade away. we've seen this where they have no proof and whether it be the parent or the main suspect, they let it fade away. these parents want their child, they want resolution. megyn: other than the polygraph item, is there big news coming out tomorrow in this dr. phil interview? >> not really, but we do have, we will be holding a press conference soon. we do have some information, and i, obviously, will be giving it to you as well that will -- it's just going to make you think. i mean, we don't know what to make of this. it's mind-boggling. megyn: right now we still don't know where that baby girl is, what happened to her. are we any closer to knowing, bill? >> the main thing i keep going back to at 11:57, there was a phone call made from one of their phones, deborah and jeremy, and it was made to a megan wright. that number was never dialed in

before or never dialed out. whoever made that call committed this crime. megyn: how are deborah and jeremy doing? we saw her, she dyed her hair. >> can you imagine if a ten-month-old of your child was taken from the home? i don't know. i don't know. megyn: i mean, how's their demeanor? are they trying to get back to life? >> well, it's very tough. megyn: somewhat normal? >> you'll talk, and you'll make a joke, and you're a human being, you'll laugh. and then there's all this internal guilt that's going on. i mean, i will tell you i do get phone calls, have you found my baby yet? do we know anything yet? i mean, if you're guilty, i'm not here to be their spokesperson, but if you're guilty, why are you calling me? why are you even letting me in your home? why would you take that chance? megyn: there still is a $100,000 reward -- >> by the benefactor who you spoke with. megyn: bill, thank you so much for all the hard work you've been doing on this. >> thank you. megyn: again, it airs tomorrow on dr. phil, so that ought to be interesting. coming up, a manufacturing

mix-up by the world's largest drug maker leads to a massive birth control recall. who's at risk and what do you need to know? who's been taking those pills, and how long and what are the results of this? we'll check in with our fox news medical a-team.

megyn: food police are on the march again with a new push for the government to regulate candy and cupcakes the same way it does cigarettes and liquor. an article in the journal "nature" claims sugar is just as dangerous. trace gallagher has more. trace? >> reporter: study comes out of the university of california at san francisco, megyn, and the big theme here is they're saying sugar is fueling this obesity epidemic around the world, contributing to some 35 million deaths through things like diabetes and cancer and heart disease. the major argument is that sugar is not just empty calories that

make you fat, it actually changes your metabolism, raises blood pressure and destroys your liver. it mirrors the effects of alcohol, they say, so, therefore, it should be regulated like alcohol. special tacks, tighter licensing -- taxes, tighter licensing requirements and banning sales of sugar during school hours. these researchers point out they're not talking about prohibition exactly. listen. >> isn't that the government meddling in people's choice? and we told you, no, that's not the, that is not what works, and that's not what people want. what works is gentle, moderate ways of shaping the availability of the substance so that everywhere you go it isn't the only choice. >> reporter: they gently want to take away your cupcakes, so instead of the atf, it'd be sugar, alcohol, tobacco and firearms. by the way, the sugar association -- yes, there is such a thing -- says, and i'm quoting, we consider it

unprofessional when health officials use words like diabetes, cancer and even death without so much as one disclaimer about the fact that the incomplete science being referenced is inconclusive at best. they go on to say people should be allowed to do as they want without government intervention. megyn: it's amazing that we've existed this long without that government intervention. wow. look at nana, 96, and nobody was there to protect her all these years. trace, thank you. >> reporter: sure. megyn: a massive recall of birth control pills underway today. we're talking of millions of packages that women have been taking for months. what you need to know, coming up. plus, attorney general eric holder taking on angry questions on capitol hill today about why no one has been fired in the wake of fast and furious. not even after the murder of a u.s. border patrol agent. his explanation next. and an american couple found murdered in mexico. what their family thinks happened to them and what people

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megyn: a fierce hearing just wrapped up after congress made new demands over operation fast and furious and the issues behind it. they also gave new warnings about possible contempt charges for the attorney general of the united states. i'm megyn kelly. attorney general eric holder just left the hearing room a short time ago. lawmakers threatening to hold him in contempt of congress for failure to turn over hundreds of thousands of documents. >> there is 93,000 documents

that you are not giving this committee. and you are saying the separation of powers prohibits you from doing that. that's just baloney. i have worked for six years when you were the deputy attorney general. so why don't you give us those document? the conclusion i come to is there are things in there that are hidden that you don't want us to see. >> reporter: despite that exchange the committee did not lay a glove on the attorney general. while the investigation has shown poor judgment, a lack of oversight and indifference, if this is the best the committee has, the investigation is more likely to end in a draw than a knockout. the republicans claim the department is covering up and are not sharing documents. but they need to profit. many chided holder for not

firing those who screwed up. >> how many more border patrol agents would have had to die as part of operation fast and furious for to you take responsibility. >> as a member of congress, really, is that the way in which you want to be seen you want to be known? i should be held accountable for my role in whatever i did or didn't do in connection with the supervision of fast and furious. i'm attorney general of the united states, and i should be held accountable and perhaps even given some credit. >> reporter: an idaho congressman called him incompetent and a texas congressman questioned his integrity. >> do you believe you are capable of running the top law enforcement agency in this country and can you tell the

taxpayers you are the most qualified person to run the department of justice? >> if you are going to ask me to design, you asked a broad question. how you judge that? you look at everything i have done in this department for the past three years and you look at department and the state it was in when i got here. a disspirited department that had gone through scandals. >> reporter: the democrats took aim at chairman issa. democrats say there is no evidence the a.g. knew about illegal gun running. the identity be the top three targets, cartel moneymen, they did not arrest them, continued to build this case, it never happened.

brian terry would likely not have been shot had this been stoppedder to people arrested early on. megyn: brian terry's family demanding a hefty settlement from the feds. he was killed by two mexican bandits carrying ak-47 rifles that had been part of "operation fast & furious." his family said they had to struggle to learn just what happened to him. >> brian did ultimately come home that christmas. we buried him not far from the house that he was raised in just prior to christmas day. megyn: terry's relatives are demanding of the government $25 million. government attorneys have six months to respond. if the claim is not settled within that time the family can

use the bureau much alcohol, tobacco and firearms for wrongful death. threats within our borders from iran. the director of intelligence james clapper says with died on the run, iran may be more willing to launch terror attacks on american soil. catherine herridge has more. >> reporter: iran senior intelligence officials warn that the iranian regime is more willing to carry out attacks within the u.s. in response to pressure or strikes on its news jar program. the attempt on the saudi ambassador. witness after witness said it was the real deal. >> it's something we need to be

vigilant about. given the aggressiveness and credible boldness in such an audacious plot which they intended to effectuate in this city. >> reporter: another example what he cording to testimony this morning was the use a proxy. this man is accused of trying to launch plots against u.s. and israeli interests. they have reached out in other places in world and done something similar. maybe not the exact model. but they have done something similar, have they not? >> there have been other instances of outreach to proxies in attempts to plot -- thailand is a case in point. >> reporter: the top

intelligence advisor said iran seize the u.s. pullout from iraq as an opportunity as a favorable condition for them and one where they want to assert their influence. megyn: . an american missionary couple murdered in mexico. family members believe they were the victims of drug violence. the texas couple moved to members in 1979 and ran a church right across the border. their family is speak and it's really powerful. >> reporter: they built that church and the local residents said they did amazing things for the poor. they had been separated about it suspects, because wanda had been strangled and beaten in her

bedroom and john's body was in a shed outside. the home was ransacked. a safe was stolen. the house, all the electronics were taken out and stolen. the surf was also missing. the family says the couple loved living there but they were well aware of the growing drug violence. >> they knew how dangerous it was. but you wouldn't find more loving or stubborn people in your life. we knew we couldn't talk them out of it. >> it's very shocking. you can't think how inhumane people can be towards another human life. especially someone in another country spreading the gospel. >> reporter: they had 10 children and several grandchildren. this is the second attack on missionaries in one year. in 2011 a couple were ambushed by what we believe to be cartel

members. nancy and sam davis. nancy was shot in the head and killed allegedly by cartel members. since the drug war began in mexico back in 2006, the new numbers have just come out. 48,000 murders. 12,000 just in the first 9 months of last year. if you do the math, that's one murder in mexico every 30 minutes. now two more american missionaries. megyn: trace, thank you. the manufacturing mixup has the world's largest drug company scrambling. pfizer recalling 1 million packages of potentially defective birth control pills. now concerns the mistake could cause unwanted pregnancies. coming up, what worried women can do. looking for angtss after an american nuclear power plant is taken offliner.

did it leak radiation? if they are look at the same numbers how do they draw such totally different conclusions? we'll investigate after the break. >> the good news is that we are moving in the right direction.

megyn: the dark economic forecast just released about it congressional budget office. we showed you last hour the latest remarks from the director of the cbo. >> the pace of the recovery has been slow since the recession ended 2 1/2 years ago and we projected it will continue to be slow for the next two years. unemployment rate remains above 8% this year and next. megyn: compare that to president obama's assessment of the

economic progress. >> the good news is that we are moving in the right direction. we righted the ship, we did not tip into a great depression, the auto industry was saved, credit started flowing to small businesses again, and over the last 22 months we have seen 3 million jobs created. the most jobs last year since 2005. more jobs in manufacturing that we have seen since the 90s. a lot of that has to do with tough decisions you took. megyn: joining me is matt mccall and rich lowry. they are not technically inconsistent. but you hear the differences in tone. the president saying we righted the ship, we are heading in the right direction. he thanks the leadership of

nancy pelosi. it sounds -- you tell me. it sounded bad what the cbo was saying. >> the cbo is right. we are in trouble. you look at 1.1% growth two years from now is barely staving off another recession. but if you think about what president obama is saying, he comes coming out with an optimistic view. we are better than we were two years ago. but look together future, we are not getting better. he's in a complete state of denial. he believes the economy is getting better with unemployment above 8%. megyn: they are saying in 2012 it will be 9.2%. >> as long as things are getting better, even more slowly but steadably then he has a --

steadily, then he has a chance. it's also ben bernanke saying we are going to be flat so we'll keep interest rates down to zero. megyn: brit hume was saying the way elections are decided, maybe a month before the election the american people will make a decision. are things going well and do i want a damage in leadership owe don't i. do i trust this guy to keep it rolling or do i think i need to change the up. that's where your point comes up. if things get worse, it can affect people psychologically. >> it's not a jimmy carter stagflation where everybody will be eeg store kick the incumbent out. but it's not a reagan recovery where reagan put crooked numbers up on the board for a long period. we are seeing nothing like that. i think that the headline

unemployment number is important. if it's down near 8 or below it's a good number. if you are going in the wrong direction and back above 9 that's horrific. megyn: the 1.1% growth rate sounds low. what was it during the bush years and when things were good during the clinton years. what .we want it to be? >> if i was a sitting president i would want growth between 4% to 5%. particularly coming out of a recession we see robust growth. typically the government will throw a lot of money at a problem. we see people start experiencing and there is confidence in the consumer. we'll see growth jump up to 6%, 7%. so i'll take 4 per any day. but 1% -- after the amount of money the government threw at

this economy, we are going from 3%, 2%, down to 1%. we are going in the opposite direction. megyn: why is this? we talked about this at top of our 1:00 hour. we had the extension of the bush tax cuts. if you cut tax rates low, we'll have more growth in the economy, if you raise them maybe we'll have less deficit you we'll have slower growth. why are we seeing slower growth when the bush tax cuts are still in place? >> i think the whole keynesian theory is fundamentally flawed. i don't think you kree at more growth through government spending. you have had new regulations. i think a president coming into office in that kind of recession his entire focus should be how do i liberate american business. and that's what we didn't see from this president.

>> i think big business is taking a step back. on experiencing being common in this country is by the government. we have seen the self-employed go to 14.5 million in five years. megyn: there are incentives from this government for people who want to start their own business. >> we don't have confidence. if i want to start a new business, there are so many regulations, we don't know where the tax code or health code is going. it's hard to start a business. the government is not behind us. megyn: all right. guys, thank you. it might be an understatement to say there are a lot of worries following the recall of millions of birth control pills. how does that make you feel if you are three weeks into your cycle of them. the drug company that makes them

says it could put women at a higher risk of getting pregnant. attorney general eric holder caught up in a heated exchange. we'll show what happened when he was asked why no one has been fired, no one. more than a year after the botched operation fast and furious and the murder of bored patrol agent brian terry. >> i made personnel changes with regard to leadership positions. we instituted a series of policies now that are designed to make sure that doesn't happen again. >> an agent was murdered and your actions to move people around. that seems to me to simply inconvenience people, not to rid them of federal employment.

control pill. megyn: you think you are taking

three weeks of estrogen but it turns out maybe you only took two. >> in the middle of the week you were supposed to be taking the birth control pill. birth control pills are the most trusted type of medication women have. 99.8% if you take it as indicated and people rely on it. this is not the first recall. i went back and looked at the data. 1.4 million birth control pills were recalled in september of last year. not from pfizer but from another company. this is a big issue. megyn: in may of this past year many more babies? >> i'm already getting phone calls because we have to tell women, listen -- i'm an ob-gyn. get a new pack.

if you have two packs, throw them out. megyn: this is a popular brand of birth control? >> very, very popular. megyn: can you imagine the lawsuits? i predict people are going to sue pfizer for the cost of raising the children they wind up with. >> absolutely. megyn: how did it happen? they have been around forever. >> patients began to call fires and said, by the way, all my pills are pink for the first and second week and now there is a couple of blue pills in the middle of the pack. is this normal. they went back and found everything was not properly packed. megyn: they had machine checked and hand checked. so there would have been two failures. >> the manufacturing practices have not met standards.

we see quality control issues. inspectors are down because i guess budget cuts. so this is something that really is taking away the confidence that patients have towards their medication. which never happened before, by the way. megyn: in this instance it looks like women are saying i usually have three rows of pink pills and one row of blue pills and there are too many blues this month. >> what i tell a spay hint, open the pill, see what they look like, counts them. even the numbers of pills are missing. megyn: philip of georgia says this reminds him of the old george carlin joke. >> they will be popular in some

parts of the country. megyn: i predict what will help pfizer will help the pregnancy tests like e.p.t. >> i think women are the ones who will be -- i think a lot of anxiety will be created. a lot of anxiety. and i feel bad. megyn: it's one thing if it's through your own negligence. next thing you know -- >> we have a chat live every wednesday and a lot of questions came up yesterday, women saying i'm on the pill for 50 years, what should i do now? this is something that will be around for a while. megyn: it will help the contraception makers and help e.p.t. >> more babies. megyn: thanks, dr. manny. he's accused of driving drunk and killing a 23-year-old man who had a bright future.

this polo tycoon just adopted his girlfriend in the wake of the controversy and we'll explain why in "kelly's court." call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. that's good morning, veggie style. hmmm. for half the calories plus veggie nutrition. could've had a v8. i have a cold. and i took nyquil, but i'm still stubbed up. [ male announcer ] sorry buddy. truth is, nyquil doesn't un-stuff your nose. what? it doesn't have a decongestant. really? [ male announcer ] you need a more complete cold and flu formula, like alka-seltzer plus liquid gels. it's specially formulated to fight your worst cold and flu symptoms, plus relieve your stuffy nose. [ deep breath ] thank you! [ male announcer ] you're welcome. that's the cold truth!

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megyn: new information on the gop presidential race. donald trump confirming that he will endorse mitt romney for president. fox news confirmed the information earlier today. but not you donald is speaking directly with reporters.

truck has said negative things about romney in the past. but he says his comments were a reflection of not knowing him well enough. he will make it official endorsement in las vegas. nevada hold its presidential caucuses saturday. many angry questions for attorney general eric holder. he's testifying about the botched gun running operation known as "operation fast & furious." two guns were founding near the body of murdered border agent brian terry. the feds let the guns walk act border to mexico and attorney neral eric holder was asked why no one has been health accountable for his death. >> we find out you have not fired a single individual. we find out that you have not

rebuked any staffembers. heck, you haven't even put a letter in people's personnel files saying on their watch, an agent was murdered. that is absolutely absurd from this side of the dais. and so i ask you, why have you not taken steps to make sure this doesn't happen again? >> we are still in the process of trying to determine -- the inspector general is trying to determine where this policy originate. we know it started probably in the atf office in phoenix. it was pea proved about it u.s. attorneys office in phoenix. exactly who the people were who actually approved the technique we are in the process of trying to work through. but that's not all that i have done. i have made personnel changes with regard to leadership positions. we moved people around. we instituted a series of

policies now that i think are designed to make sure that doesn't happen again. >> an agent was murdered and your actions to move people around. that seems to simply inconvenience people, not to rid them of federal employment. >> to the extent that we find out who precisely was involved in this or who gave that order i can assure you unless there is some compelling circumstance those people will be removed from federal service. but that not all we have done. we are in the process of investigating that murder and the people responsible for it will be held accountable and i expect you will hear something about that relatively soon. >> relatively soon, 13 months later. >> these matters. >> it's 13 months after the facts. that's what i'm saying. at what point are you going to take action? megyn: joining me now, julian epstein.

and chief crown for the center for american law and justice. the attorney general's refusal to hand over certain documents that congress is now demanding and again this failure to hold anyone directly accountable by firing somebody. let me start with you, jay. not one person has been fired and the attorney general -- his answer today -- even julian has been critical of him. his answer was we moved people around. is that going to do it? >> no, it's not. the fact of the matter is not only have people not been fired. when they are moved around you and i are still paying for it. this is a 13-month-old problem that keeps getting worse. the more information we get the deeper the attorney general is getting i believe into serious trouble. we have the emails that were dumped that show the call came in and the person responded in email, he said he notified the

a.g. he notified the deputy a.g. then we had the situation where the initial testimony had to be retracted by letter. i don't understand how it many this come bring kaitd, i worked for the government to be to find out who authorized this and hold people accountable. i have been hesitant to call for the attorney general's resignation. at this point don't get it. i think the longer this goes on, the more delay, the worse it's getting. i think the attorney general has created a pandora's box he can't get out of. megyn: wouldn't it be less on him if he just fired somebody? if you were advising him, wouldn't you say fire someone, anyone connected with this program so it at least looks like you are taking this seriously? >> well, i have not criticized the attorney general, i think he has act appropriately.

megyn: you and i talked about whether somebody should be held accountable. >> he removed the head of atf and changed him to another position. the u.s. attorney who authorized this. megyn: he transferred to the office of legal policies still working for the government on our dime. >> the u.s. attorney that authorized this action had to resign under considerable pressure. megyn: he resigned, he wasn't fired. >> the reason other personal actions have not been taken is because this is under investigation. this is a program, guns running it started under the bush administration. the attorney general holder was the first person to stop it. megyn: george bush did have an operation called operation wide receiver that was controversial. but with this operation, the

attorney general is saying we are trying to determine where it originated, who originated it and who approved it. why are they still trying to do that? how hard is that? >> it's not atypical for an inspector general investigation to take this amount of time. >> unless this was getting the media attention that frankly megyn you brought to this, i don't think there would be anything going on here. but what happened now is the agent's family filed a lawsuit which i'm glad they did. the attorney general had to retract his testimony previously. now we know he was notified of the agent's death and it was at the hands of guns that were part of this "operation fast & furious" operation and he was denying this. this was either gross incompetence, malfeasance or someone is lying. you can't let this keep going for another 14 months.

megyn: go ahead. >> this is a plan that the begun-running plan was inherited by the obama administration. they stopped it, called for an investigation. responsible officials were removed. there will be more action at end of the investigation. there are only two things under dispute which is how much information the attorney general actually knew between december 15, 2010 and february 15, 2011 when it was found the guns used in the terry murder were from fast and furious. and the second is the provision of documents to the committee by the department of justice. megyn: our focus is not on the attorney general. what he knew or didn't know they will continue to investigate that. it's on these other guys. they do know had some role in

this operation. just so our viewers know, the operation fast and furious started under president obama under attorney general eric holder. and we need to be honest about when it started and why it was controversial and who authorized it. isn't that what the american people want to know? ultimately somebody signed off on it. >> simple question and simple answer. but what you have got is the department of justice right now is not releasing the documents because it's going to show things that are even i think more damage than what has been shown. this idea of claiming executive privilege. i agree with the congressman is what throwny. megyn, you asked the right question. who authorized it, who's responsible. that should not take 13 months of an inspector general's investigation. it should have been decided a long time ago. the attorney general had to retract his previous testimony and previous statements.

>> the fact of the matter is we learned there was a memo to attorney general mccasey about expanding the guns walking program that existed under the bush administration. why is the committee giving the bush administration a total pass. why is there no investigation into the fact that the bush administration. are you saying this is an acceptable policy? if nobody is killed to let guns walk? >> no. megyn: what they say -- what the critics say is this one is different. in operation wide receiver we cooperate with mexico. >> that's not the debate because the debate is guns walking was a

bad idea, period, end of conversation. that occurred under the bush administration. the obama administration holder stopped it. removed officials. there will be more actions after the inspector general's investigation. megyn: a millionaire accused of manslaughter but he may preserve his fortune due to a legal maneuver. why his girlfriend is now his daughter. when i grow up, i want to fix up old houses. ♪ [ woman ] when i grow up, i want to take him on his first flight. i want to run a marathon.

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but when she got asthma, all i could do was worry ! specialists, lots of doctors, lots of advice... and my hands were full. i couldn't sort through it all. with unitedhealthcare, it's different. we have access to great specialists, and our pediatrician gets all the information. everyone works as a team. and i only need to talk to one person abouter care. we're more than 78,000 people looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: "kelly's court" is back in session. adopting a lover to protect the

family fortune. john goodman make his 42-year-old girlfriend heather his daughter. facing 35 years behind bars and a massive civil suit he's accused of killing scott wilson while he the polo mag that was behind the wheel drunk. the victim's family claims goodman used a legal loophole to keep them away from his estate in a civil suit. i have never seen anything like this in all my lovein life. the civil suit is going to trial and the criminal case is going forward. they tried to say can we tap into his children's trust in a civil suit and the judge said no, you may not. suddenly he gets the brilliant idea to adopt his girlfriend.

how does that work? >> what he's trying to do -- it's such a blatant fraud on the court to divert his assets. he's trying to say my daughter/girlfriend is entitled to one-third of that trust. by the way, it was set up for his minor children. so she can start taking that money out right now. ergo i get that money. this is not going to fly it's an absolute fraud on the court. megyn: the court says this borders on the surreal and takes the court into a legal twilight zone. the court ruled those trust funds for the children could not be touched in a civil suit. does this maneuver making her a child with the trust fund work? >> i think it does work. the point is this. what he did was legal, proper and appropriate.

here is why. adult adoptions in florida are legal. you just have to file certain formalities. the person you are seek adopt have to consent and birth parents have to consents. he's facing a civil lawsuit. so his interest is not just to protect assets but he's facing the prospect of 30 years in jail. therefore you have to do's state planning. you have to do's state planning. megyn: lirks circumstances, the -- lis, the guy said -- the adoiption unrelated to any of this. he just really thought she was adoashable. >> the adoption should never happen. it goes against policy in florida. megyn: it's a sham. >> then you move onto the trust. it was set up as a minor's

trust, not for a 40-year-old woman. a judge in a civil case would say it's unconscionable. i'm going to go back on my ruling. you can do that. this judge should do it. megyn: adult adoption is legal, but is it legal with it's used like this to avoid paying a judgment? >> we have a legislature. and what legislatures don't like they create exemptions to. megyn: you can do this in every case. just adopt your spouse. >> what happens is if we think it's improper and inappropriate we change the rules. but to change it now is not the way to do it. >> you are asking this judge to enforce a fraudulent contract. that is wrong. the judge cannot do that. the judge can say this is fraud,

against public policy, it's out. megyn: it smells like fraud to me. if anybody wants to adopt me it should be that guy sheldon in vegas who keeps donating all the millions. you've felt like this before, right? 2:30 in the afternoon, a lot to do, and you've hit the wall. but you got to get stuff done. so take 5-hour energy. just open it up, knock it back, and roll up your sleeves. 5-hour energy is faster and easier than coffee. man, does it work.

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♪ i'm flying. megyn: a superhuman spectacle in the skies over new york. did you see this? are those actually people? trace gallagher has more. >> reporter: you favorite away with the video clip. you have got to see it again. these things at first plans looks like they are crucial over new york city. just what they need more weird

objects flying over the hudson. you grab your camera and you a take pictures of it and it on the internet and it goes viral. what does it turn out to be? it is of course a stunt for a new movie coming out called "chronicle" from 20th century fox. the story is of three high school friends who get super powers, including the ability to fly. they thought wouldn't it be cool to get remote control objects that look like humans. they flew around new jersey as well, and the statue of liberty. kind of cool. the movie come out friday. "chronicle" is the name it and it's all over the internet. megyn: it worked. they must be loving it. coming up, is one state going

too far to get childhood obesity under control. colorado going after junk food in the cafeterias and the vending machine. what ever happened to everything in moderation? okay, team! after age 40, we can start losing muscle --

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>>megyn: there were calls from two different states about this right here. check out this little white light moving across your tv screen. see it? it is slow. it was captured by police on a camera and the f.a.a. confirms it was a meteor. people from oklahoma city to austin, texas, reported seeing the flash in the sky at 8:00 p.m. central time. and i hear it led to a bonding moment teen the police officer and the man he pulled aside. isn't it beautiful? thanks for being with us,