down the aisle and jumping on the field. rick: you can't go on the field no matter how little you are. jenna: what a fan. thanks for joining us, everyone. rick: "america live" starts right now. megyn: fox news alert. the man charged with killing florida teenager trayvon martin will be released from jail to aeu sraeut his trial. await his trial. the judge setting his bond at $150,000 with conditions. that is one of major developments we are tracking this hour in the case that has gripped the nation. welcome to "america live," shall everybody, i'm megyn kelly. just before the judge granted pond over the objection of the prosecutor zimmerman himself stunned on lockers when he took the witness stand and publicly apologized to trayvon martin's parents, watch. >> i wanted to say i am sorry

for the loss of your son. i did not know how old he was, i thought he was a little bit young err than ae younger than aeu many and i did not know if he was armed or not. megyn: zimmerman will not be released today but eventually he will be allowed to return home or possibly even leave the state amid concerns for his safety. that needs to be worked out among counsel. a short time ago we got reaction from trayvon martin's family, from their attorney who say they are devastated. gregg jarrett begins our live team coverage in our new york city newsroom. >> reporter: zimmerman will go free, his whereabouts will be closely monitored, an electronic ankle device. curfew, no firearms or alcohol or any contact with the family of trayvon martin. the defendant did talk to trayvon martin's parents in a surprising move. he took the witness stand as you just heard. it was a risky move because it then opened it up to a vigorous

cross-examination. there is part of it. >> i'm sorry, sir. >> you're not really addressing that to the court, you're doing it here to the victim's family, is that correct in. >> they are here in the court yes. >> i understand. but i thought you were going to address your honor, judge lester, not -- that is really addressed to the family and fo where the media happens to be, correct mr. stkeupler santa ana. >> no, to the mother and the father. >> tell me, after you commit thed crime and spoke to the police, did you ever make that statement to the police, sir? that you were sorry for what you'd done, or their loss? >> no, sir. >> reporter: at one point the prosecutor seemed to suggest that zimmerman lied to police. >> when you were questioned and you were questioned about the continu contradictions in your statements that the police didn't believe it that you would say i don't remember. [inaudible] >> thank you your honor. >> would you agree that you'd change your story as you go

along. >> absolutely not. >> reporter: zimmerman's mother and father testified by telephone under scoring that they live in fear and numerous threats. the father testified about the various injuries he saw on his son the day of the shooting. the most critical witness of all is the state investigator who helped craft the second-degree murder charge he wanted, he admitted the defendant told police, that he, zimmerman was the victim, and that it was martin who confronted and then assaulted him. martin's parents were inside that courtroom. obviously they heard zimmerman's apology afterwards. their attorney called itself serving and say they pray that his freedom is only temporary. to begin, meg, taking the witness stand, highly dangerous, zimmerman, though, may have got even away witness, helped out by a prosecutor who seemed utterly surprised and not prepared for it. megyn: he did, you're absolutely

right. i think the prosecutor was stunned as were a lot of us that zimmerman took the stand and he did not appear to have a cross-examination ready. i just want to round back to something you just said. you're telling us that the investigator, because we didn't air this live on fox all of this. we only took parts of it, the investigator, who is the guy behind the state's case testified that he does not know, that they do not have a conclusion about who started the fight as between trayvon martin and george zimmerman? >> reporter: that is correct. i have in fact the transcript, and i looked at it over and over and over again of what this investigator said, and he was asked, do you have any information to suggest who started this? no, i do not. now there may be some other witnesses out there, but in terms of crafting that affidavit in support of second-degree murder, none of it was in there, and he says he doesn't have any evidence to the contrary. megyn: how are they getting to

second-degree murder? how are they getting to second degree? a killing took place, there is no question. there is a question of whether they should have charged manslaughter, which could be an accidental shooting, but, you know, reckless shooting. they are alleging malice,. >> reporter: depraved indifference. >> depraved indifferent convenience, and now they are saying they don't even know, they can't essentially disprove whether tray son jumped zimmerman. >> reporter: none of it is in the probable cause affidavit in support of second-degree murder. in fact there is no probable cause stated within that affidavit. there are no elements of the crime, no intent to kill, no depraved indifference, no malice. it is a bit baffling now at the very end, megyn, the prosecutor says we do have other evidence, but everybody is waiting to see and hear what it is. megyn: it seems right now to come down to the theory that they believe he stalked trayvon martin as this night watchman,

or neighborhood watchman, and sort of brought any trouble that followed after that point, but we just don't know, that is a stunning admission. >> reporter: it's not in the police report either, meg, you're right. megyn: thank you. we are getting our first look at a photo to was reportedly tak taken three minutes after the shooting took place. this picture could shed some new light on zimmerman's claims of self-defense. trace gallagher has more live from our west coast newsroom. >> reporter: in fact it goes to what you and greg are talking about here. this photo the gps that is embedded in the photo reportedly shows that it was taken by an iphone three minutes after trayvon martin was shot. be advised you see there this is kind of gruesome but it shows that zimmerman's head was cut in two places and there is a wealth at the top of his head. the person who took this says he did not see the scuffle but he did hear it. remember there are several people who heard the scuffle but only one that saw part of it,

and here again is that eyewitness, police even. >> the guy on the bottom who i believe had a red swart sweate sweater to me help, help, i told him to stop and i was calling 911. when i got downstairs and looked down the person on top beating the other guy was the one laying in the grass, and i believe he was dead a at that point. >> reporter: zimmerman asked the man who took the picture to contact his wife. he said what do i tell her. he said, just till her i shot someone. he had blood on the back of his head, his nose, his back was wet and covered with grass. he was treat - treated by paramedics and then arrested. when he arrived at the police station you can clearly see a police officer checking out the back of his head. an attorney for the trayvon martin family said about this. and i'm quoting, how bad could it have been if they didn't take him to the hospital and didn't stitch him up? the special prosecutor has seen

all the evidence and still believes that george zimmerman murdered trayvon martin. they say the pheur doe picture does give probable credence to zimmerman's claim that martin bashed his head into the cement and was on top of him at the time. megyn: there was a confrontation, clearly between the two that preceded the shooting. exactly what happened and how goes to the very heart of this case. that's why it's so stunning to hear the investigator that he does not know who started it with whom in the moments before the shooting. trace, thank you. a lot happened in that courtroom this morning. and you will hear george zimmerman's testimony in its entirety coming up later in this show. you will hear the direct examination, in which he apologized to the family, and you will hear the entire cross-examination that the prosecutor attempted, probably shocked as we were here that zimmerman took the stand at all.

then "kelly's court" will take up the case, we will look at that photo, and we will talk about that investigator's admission, and discuss what this means for the second-degree murder charge, and for what this case is likely -- how it's likely to be resolved now that we know what we know. there are new details today on the secret service scandal. attorneys now coming to the defense of two agents who are accused of hiring high priced escorts while on business in columbia. doug mche will wear with more. >> reporter: a attorney srepting two of the removed secret service agents are speaking out in defense of hiswo clients. lawrence burger told reuters that nobody has been involuntarily separated from the agency. he's lamb bass ters the leakers of the two names. he says his client, 48-year-old

david randal cheney was allowed to retire he was not fired. his other client, greg stokes has been notified he will be fired but he has 30 days notice and the right to legal representation. his lawyers says, quoting now mr. stokes is vigorously depending himself from these accusations and will take advantage of administrative processes. in addition fox news has learned exclusively that the polygraph test that the implicated acts have been required to take are broken down into flee components. the first one involves national security, the second polygraph involves integrity and the third criminal behavior. the failure to pass the personal integrity component event may result in a lesser punishment, a reprimand for example, than distroyed passing the criminal behavior. some of the implicated agents

involved stems from little more than being awakened by a income on their door by other agents at the hotel as the commotion overpayment to a prostitutione a pros erupted in the hallway. jay carney was asked if he was positive there were no white house employees involved. he supplied, i have not heard otherwise. fox has confirmed that the military has now got an investigator on the ground in cartagena and that secretary panetta plans an unrelated visit to south america and to columbia, next week all unrelated to the present investigation. megyn: thank you, sir. an epic battle shaping up in the race for the white house with exactly 200 days to go. brand-new poll numbers just in, and we'll tell you exactly where these two candidates stand with the voters. plus, a stunning report on the number of americans now receiving food stamps. and that number we're told is

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megyn: brand-new polls show a very tight race right now shaping up between president obama and mitt romney. the latest numbers from the "wall street journal" and nbc

show the president with a 6 point edge over mitt romney, but is that good news for the president? joining me now for some perspectives, mark thiesen a fellow with the american even tere surprise institute. josh block a former spokesman for both the clinton and gore presidential campaigns. thank you so much for being here. according to our numbers the president has this 6-point edge over mitt romney which is exactly where he was back in february of this year, 6 points ahead. he's maintaining a 6 point edge, a 6 point edge, january, february, march, and now mark, what does that tell us? >> well, it tells us that polls in april are not very good predict teres of what the final outcome will be. josh's old boss bill clinton in april 1992 was 20 points behind george h.w. bush and we know how that election turned out. if you look at the "real clear

politics" average they are in a statistical dead heat. that is pretty good since romney went through six months of negative attacks and a kraoulg primary campaign while obama was being presidential in the white house. there is good news for romney. a "washington post" polls shows that 80% of conservatives now strongly favor him. he had trouble consolidating the conservative vote and he seems to be doing that. he's doing very well with independents, evangelicals are coming around to romney, there was a big question whether evangelicals would vote for the mormon candidate. there is good news for romney and ominous news for obama. megyn: romney havingee merged from this bruising primary fight, what is this karl rove said. >> let's look at all the polls that have appeared since april 11th since rick santorum suspended his campaign.

there have been 11 polls. obama has led in 6, romney has led in 4 and one of them cause tied. if you average those together 46.8 for obama, 45% for romney that is an awful close start to this campaign, particularly given that romney has come through a tough primary that has left him a little battered and bruised. megyn: your thoughts on that, josh? >> i find myself in remarkable agreement in what mark and karl are saying. the president has a tough road ahead. it's not a slam dunk for either candidate. there are problems for romney going forward. most of the states he won in the primary are blue states. he has a lot of time to make up. how much time does he have to stepbd in georgia? who knows. the presidential election is not a phrapbgt, it's a quilt, a tappess tree. the new swing states out there the democrats will compete for where the president appears to be doing very well are

traditionally republican states. in ohio the polls are reversed in february. megyn: we have a poll from ohio showing the president up six points over mitt romney. >> that reverse from february. the fight for fairness seems to do a lot better with both core republican voters and core democrat voters than do the republican messages, romney's messages on just the economy. megyn: they are neck in neck in florida, another critical state. why is that? why are they neck in neck if as the republicans keep telling us the president is doing a terrible job, the nation has had enough, we've got record unemployment and so on and so forth, why aren't these numbers stronger for the republican? >> well, part of the roeupbs because romney hasn't picked his vice-presidental nominee which i suspect will be either marco rubio or portman paced on the numbers you just recited. it's a 45-45 country, we are a very deeply divided country. ultimately this election will

get decided on the economy. the polls have very bad news for the president when it comes to the economy. first the recovery is slowing down. but second a third cbs news poll shows only a third of americans think the economy is headed in the right tkrefpblgts 16% say that their personal situation is eupl pro*fg, economic situation is improving and 38% say that their situation will grow worst if owe bottom a is reelected, while 26% say it will improve. those are ominous numbers on the economy. a lot of this tkpepdz on does the recover retake off or does it slow or falter? if it slows or falter the president will have a rile, really hard time getting reelected. megyn: as somebody who has worked for campaigns before do they look at the overall numbers. the president is six points ahead of romney on a national basis, or are they looking at the individual polls like we just did, florida, ohio, colorado, other critical states? >> i'm pretty sure that they are telling their staff not to lock at any polls, mean while they

are closing the doors and pouring over every single number they can find. there is no question they are looking at the state-by-state breakdowns and how they are with key constituent sees. it requires 60% plus one vote. they are trying to build the con sit uni constituencies. mark is right, we are a divided country. you're really talking to the middle. i think that is where the fight will be had. and that advantages the president i think going forward. megyn: that's why we hear the president talking about fair shot, fair share, got to go, thank you so much. coming up, the senate approving a bill that could put big brother in your back seat, hum. okay. we'll take a closer look at the growing controversy surrounding the push to install black box necessary all new cars. that would record exactly what

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megyn: 1:25 hear in the east. now jobs numbers show a slow down in thaoeurg. hiring. 29 states saw jobs increase last month, down from 42 in february. 20 states lost jobs in march, with ohio and new jersey seeing some of the steepest drops. across the country the economy added just 120,000 jobs, that is half the pace of the previous three months.

privacy advocates calling it big brother on a whole new level. the senate passing a bill requiring black box data recorders in all new cars, a device that will be able to track your every movement. gregg jarrett is back with us live from rain shower newsroom. this is interesting, gregg. >> reporter: it is, it's called an event data recorder, megyn. it could become a part of every new vehicle produced beginning in 2015. the bill has already sailed through the u.s. senate. it may well pass the house. although the legislation states that the data is the property of the owner of the vehicle, here is the catch, the government would have the power to access it in a number of circumstances, including by court order. the data could reveal how an automobile malfunctioned, or not, and how accidents occurred. the push for this new technology is a decade in the making, then six years ago the highway traffic safety administration decided to encourage but not demand it in new cars.

in february of last year because of all of the recall of millions of toyota vehicles due to those mysterious unexplained accidents the same agency began moving in the direction of mandatory technology. not everybody is okay with this. as you can imagine, the alleged privacy protections notwithstanding, well it's a about it orwellian for those who worry it will eventually be used in some way to spy or surveil on citizens who cherish their privacy. it doesn't have a transmitter or gps device connected to it to track somebody's movements yet, yet, megyn, just wait. megyn: and wait until the lawyers get wind of the fact that now there is a black box recorder in every car, right? >> reporter: oh, yeah. megyn: it's going to come up in divorce agreements. >> reporter: the personal injuries plaintiffs attorneys are going to love it. megyn: thank you, sir. class warfare now front and center on the campaign trail according to some. >> i wasn't born with a silver spoon in my mouth.

michelle wasn't, but somebody gave us a chance. >> i'm certainly not going to apologize for my tk-d and his success imy dad and his success in life. megyn: what was that about? a fair & balanced debate after the break. a boy turns the tables on a bully and now he's sitting at home suspended. can you punish someone for granding up for themselves? we'll take a look. a graphic new photo of george zimmerman showing injuries he sustained on the day of tra money'trayvon martin's case. >> i want to say i'm sorry nor the loss of your son. i did not know how old he was. i thought he was a little bit younger than ae than i am, and i didn't know if he was armed or not.

megyn: class warfare appears to be a hot topic in the race for the white house now. the debate sparked again after president obama said this on wednesday. >> we created a foundation for those of us to prosper. somebody gave me an education. i wasn't born with a silver spoon in my mouth. michelle wasn't. but somebody gave us a chance.

megyn: mitt romney came out and responded, but the house now insists that was not a job at the presumed republican nominee. many, however, took it that way, as i mentioned, even romney himself. >> i'm certainly not going to apologize for my dad and his success in life. he was born poor. he worked his way to become very successful, despite the fact that he didn't have a college degree, and one of the things he wanted to do was provide for me and for my brother and sisters. i'm not going to apologize for my dad's success. i know the president likes to attack fellow americans. he's always looking for a scapegoat, especially those successful like my dad. megyn: joining us now alan colmes, host of the alan colmes show. arcarol graham. he came out and said, look the president has made that comment many times and mitt romney

presumes that it's about him. the media has run with this saying it's obviously a shot at mitt romney and not a good one according to one "l.a. times" columnist says that look, it's trite and even middle income americans hope their kids will be better off than they are and are not going to hold mitt romney's or his dad's success against them. do they have a point, mike snell. >> president obama certainly wasn't born with a silver spoon in his mouth, it was actually a golden retriever. megyn: you had to go there. >> of course, how can you not? have we ever had a president who ate dog before. megyn: how do we know? do we have that of any president? [laughter] >> this is the essence of it. most elections are referendums on incumbents, i ran campaigns for six years. if this is a referendum on the incumbent he'll probably not too very well. polls have shown that consistently for the past 18 months. he's trying to turn the view to mitt romney.

we have two kwaoeus who don't have a lot in common with anybody i know who are running for president of the united states. megyn: if people take this as a remark about mitt romney. none of us know what is in the president's head, whether it was or it wasn't. jay carney said it wasn't, he's been making this reference for three years. if people take this as a shot by president obama against mitt romney's success, his family's success, does that get turned around on him? you have people coming out and saying you've got jfk, fdr, john kerry, hundreds of millions of dollars on that side. rick: it's a phone owe eufrb ooh and one for media attention. if you google it you'll see that president obama has used that phrase over and over and over. and mitt romney also known as chatsworth as born jr. protests too much. megyn: the president didn't mean it dew you do. rick >> i mean, i'm just suggesting that there is nothing wrong with being rich it's just that romney is trying to be something he's not. he's trying to reinvent his past

an says my father only started having money when he became president of american motors, before that we were really poor. he's trying to be something he's not. and then he overreacts to something which is not about him. not everything is about you. so, you know, this is an invention to try to tag the president with not liking the rich which is absolutely false. >> at and is getting one thing right, president obama has been saying this for a longtime. he has been playing the class envy class warfare card from the beginning. he likes -- remember those college kids you hung out with who thought no one should be allowed to earn more money than they did and they knew how to make all people equal and had far left socialist theories. >> has he been governing as a social lis? you want to keep painting him as a wide-eyed radical marksist. he's done nothing along those lines. this didn't work the last time four years ago when you tried to

not get him elected. it's not going to work this time. >> he talks about raising people's taxes because they are successful, it's not going to work, you're right. >> he's note raised taxes he's reduced taxes. >> he's tries to raise taxes. he can't even get democrats to go with him he's such an extremist. >> he has done nothing to raise taxes. >> because he can't. megyn: let me jump in and ask you this. does the president deserve the benefit of the doubt on this. when as michael points out he has made attempts to divide the rich from the middle class. you can argue whether he did that appropriate or or in appropriately e has made attempts to divide the two, you could say pitting each other against each other or pointing out a divide that already exists. >> i would he say that he has fought for is for example tax fairness. what he has fought for is reversing the tax reductions that push had on the very wealthy and have everybody pay their fair share, including corporations and closing the loopholes that republicans won't

do. that is not class what are fair, it's the class warfare the republicans pay when they should have known years ago the trickle down doesn't work, didn't work under reagan, hasn't worked under bush, bush left us with a terrible economy. it does not work. look at the historical record. megyn: he seems to be saying, the president in his remarks, somebody gave me an indication, i wasn't born with a silver sphaopb in my mouth, neither was michelle. , he says but somebody gave us a chance. this is one of his mantras, we have to help up lift those americans who don't have advantages that some of us do have. what is controversial about that. >> nothing is controversial about giving people a chance. president obama says, what we've never had from a president before, this is a direct quote. it is the gulf in incomes that is dragging down the middle class. the fact that your neighbor succeeds doesn't stop your son

from going to college. your successful neighbor pays lots of taxes to subsidize the system. nowhere before we are told that because your neighbor has a nicer car than you he must have stolen it outs of your drive way it's the kind of garbage you hear in europe all the time. >> there it is, he's not one of us, he's european, he's not really and american. obama has a european kwrad about stuff. what enables people to go to college are pell grants pushed by liberal republicans and democrats. what enable people to go to college are tax incentives and pay back loans easier, that's what obama has done in this country. megyn: good debate. thank you both. a stunning increase in the number of americans now on food stamps, on the number is only expected to go up. stu varney is here with the disturbing new record. a new book promises to blow the lid off of fast and furious,

including claims in the book that the white house and the justice department were very much behind this operation, and then conspired to cover it up. we'll press the author on those claims in three minutes. and why should our viewers believe that a 23-year-old was able to blow the lid of a case that darrell issa and senator grassley have not been able to blow the lid off. >> i've been to every hearing on capitol hill with the exception of one. i've developed relationships with the very people that said we've been walking guns into mexico. okay, team! after age 40, we can start losing muscle --

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megyn: a pakistani passenger jet carrying more than 120 people crashes, apparently killing all on board. the plane slamming into the ground in a village near the capitol of islamabad, only a few miles from the event national

airport. officials say the jet was landing in bad weather, it was hit by lightning and caught fire. 118 bodies were recovered from the debris. it's not clear if anyone on the ground was also hurt. congressional investigators continue to probe who authorized the program known as fast and furious. a botched gun tracking operation linked to the deaths of at least one, perhaps two federal agents. a new book promises to blow the lid off the case saying the white house and the doj were behind the operation and conspired tow cover up what was an effort to advance an antigun agenda. two days ago i sat down with pavlich news editor at town hall.com and she is the author of this new book, fast and furious obama's bloodiest scandal and the shamless cover up. watch. i want to start with you. you're 23 years old, you look young, how much life experience can you have?

how deep into this scandal are you? and why should our viewers believe that a 23-year-old was able to blow the lid of a case that darrell is sa and senator grassley were not able to blow the lid off. >> i've been to every hearing on capitol hill with the exception of one. i have developed relationships with the whistle blowers. i've been on this case from every turn, i've listened to all the deal tails, talked to people on the ground, i know what is going on. megyn: you claim that they know who is behind this operation and that it goes up to the highest levels of the department of justice and that the white house was participating in this? >> absolutely. i mean from the beginning the white house, the justice department, they've been acting guilty not innocent in providing documentation about this. we still have no answers about brian terry's murder, they haven't complied with congressional subpoenas, not to mention the evidence points towards they were doing this in an effort to show that guns from america were ending up at

violent crime scenes in mexico in order to regulate the gun shops. megyn: what evidence do you have that that was the purpose? the administration says they didn't know about it, it was a local operation out of atf in phoenix. one eric holder found out about it he put a stop to it. what evidence do you have that in fact it was sanctioned, if not run and conceived of at the doj and the white house? >> there is emails, more importantly i have an interview in the book with an insider, atf insider saying look we set these gun shops up. there was an idea from the justice department to show and push this false nare tiff that mom and pop shops are selling to straw purchasers, and they are taking the guns and murdering people in mexico to push gun regulationses. i go back to the obama administration, the heeds, janet napolitano, eric holder, barack obama. dennis burke former us attorney for arizona worked for janet napolitano when she was attorney general of arizona, worked at

her chief of staff when she was governor of arizona, followed her into the white house when she was appointed to homeland security secretary, was her senior adviser in homeland security. turns out he actually helped craft and write up the clinton era assault weapons ban with rob emanuel who of course served as barack obama's chief of staff. not to mention dennis burke, while he was the u.s. attorney in arizona was on attorney general eric holder's attorney general's advisory board giving him advice as to what was going on on the border, the gun trafficking policies that they were implementing. he was in charge of this coming out of arizona, he was in touched withhold hold, in touch with homeland security. emails between atf officials in phoenix and the white house also show that the white house's national security team knew all about this including barack obama's latin american senior adviser on the national security team.

megyn: they claim they knew a bit about fast and furious but not the controversial aspects of it, because of course president bush had an operation called wide receiver that was done in cooperation with the mexican government, which is not the case with fast and furious. but the administration this time around has said that's what we new, there was something akin to what was done under the busch administration, not that there were nefarious goals and purposes of letting guns walk and letting them go into the hands of bad guys without tracing them. >> you go back once again and i detailed this exclusively in the book, you go back to the beginning of the obama administration, early 2009, president obama gave direct orders to eric holder to rea assess the policies of gun trafficking on the southwestern border. janet napolitano was on board with that. it was a top priority to make sure guns weren't going into 4 mexico. they were pushing this false narrative that the 90% of guns that cartels were using was coming from mom and pop shows.

that was proven false. they wanted to continue to push the narrative so they could say, look, all these guns are ending up at violent gun shops in mexico, we have to do something about that providing them to the cartels. at the very same time the atf officials are saying you're helping your country by selling to straw purchasers. we are going to track these guns, which they had no intention of doing. megyn: have you reached out to the white house and the department of justic justice with regard to the book. >> they never returned our phone calls. never gave us any information. said they would get back to us. never got back to me. we tried, it's a cover up top to bottom. white house is covering it up, homeland security is koeufrgt up and the justice department is covering it up. megyn: darrell issa and senator

chuck grassley are continuing to look into this. and the answers are in your book. katy, all the best to you. megyn: thank you so much. coming up it has happened again, just like the miracle on the hudson, birds striking a delta flight shortly after take off here in new york city. the terrifying moment caught on video, and now new details about the heroic crew. >> well, i feel very happy and very fortunate that they are all here right now, because it was really scary for a minute.

megyn: a bird strike forcing the pie loft an l.a. bound delta tpwhraoeut to quickly tur

flight to quickly turn around and make an imagine room in new york. an iphone user caught it outside of a window. it panicked the nearly 180 people on board. david lee miller is live with the latest. >> reporter: delta flight 1036 from jfk to l.a. lasted only 25 minute. they were white-nuclear eld for flyinknuckled minutes. they credit the crew for keeping everyone calm and landing that boeing 747. >> delta 1063 has had an engine flail you are on the right engine due to a bird stripe. >> you're just going to go in visually. >> delta 1063 that would be great. just to to let you know our

stats, we have 179 souls on board. >> reporter: the majority of bird strikes take place at a low altitude of 500 feet or less. since 198 219 people have been killed because of birds hitting planes. the problem is getting worse because of a number of reasons, among them an increase in the bird population caused by conservation. aircraft today are less noisy and they simply aren't scaring bird away. we are hearing more about the problem because of better reporting. every since a u.s. airways plane hit a flock of geese and they made an emergency landing in the hudson river bird strikes ignored are now reported. it has really raised awareness about a very serious problem. megyn: is there no precautionary

tool available to the planes, screaming the engines, doing something to prevent this? >> reporter: the preventative measures are being done on the ground to control the bird population. one expert i talked with today told me his company provides, this is very interesting, border colleagues to control the bird population, that doesn't cause a problem with the environment, but it's still simply not enough, we have 10,000 if not more of these incidents a year. megyn: the stats are quite telling. thank you seurb. 45million americans collected food stamps in 2011. 45million, that is a ne huge increase from a few years ago. the number is expected to grow for a couple more years. could this affect the november november elections? we'll take a look. a major twist, major twist in the tr tra von martin case on the same day george zimmerman makes a stung appearance on the witness stand. would are could a photo change

everything? what did an investigator stay on the stand in morning that might undermine his own prosecutor's case in we'll talk about it. he vanished nearly 33 years ago. investigators digging up a basement in his neighborhood. clues in the disappearance of a first child ever to be put on a milk carton.

megyn: troubling numbers painting a bleak picture of the american dream. one in seven americans collecting food stamps. dependence on food stamps is at an all-time lie. the congressional budget office releasing data that shows 45 million people received foot stamps in 2011. that's a 70% increase from swef.

we are up $30 billion from four years earlier. stuart varney joins us with some perspective on this. this is not the kind of record we want to be setting. >> reporter: there are two views of what's going on. one side says we are a compassionate society. in hard times we feed the hung fly and these are hard times and we are feeding millions of people who are hungry. the other side of the fence says we have become an entitlement society. cradle to grave we give you everything you could possibly need. we create independence, we cannot afford it and we cannot back off. once you have those programs in place you can't get rid of them. particularly troubling is the escalation and rapidy with which we adopted so many people on the

food stamp program. to go up 70% in four years. very, very suddenly, that is the shocker here, meg. megyn: what does that tell us about the state of the country? what is the income level at which you can get food stamps? how many millions of american are at that income level and taking advantage of this? >> reporter: i don't know the precise income levels because they shift. it depends on your dependents and other disability factors. i can't give you a raw income number. what i will say is that this is costing a great deal of money and the cost goes up again more over the next couple years. these numbers are from the congressional budget office. they are congressional bean counters. they looked out into the future. they see this food stamp program continuing to expand through 2014 and it will keep on

expanding if the economy does not improve. that means within the next couple years we may well see one in five americans on food stamps at a cost of $100 billion a year. we can't afford it. and you can't withdraw it. if you cut become on a program like this, you face intense political opposition and you are judged to be harsh, cruel, harming people. hurting the hungry. megyn: this country has had hard times before, never when we had as big a population as we do now. you tell me whether these numbers are relevant to the perspective we are looking for on today's numbers. in the early 90s, 27 million on food stamps. in the mid 70s, 8.5 million. so 18, 21, 27 in the early 90s and now we are at 46.2 million.

>> reporter: president obama expanded the eligibility. more people became eligible for food stamps. it was at that points that we took off. from a personal perspective i think we look a lot more like europe. that the continent i come from, that's where food stamps or equivalent forms of welfare have been available for several generations. we look increasingly like them. megyn: we are getting details on another report. the report finding president obama's proposed 2013 budget would hurt, not help the economy in the long term. it estimates the budget could add $3.9 trillion in deficits by 2022. it did not look into effects on economic growth. >> * growing support for the

keystone oil pipeline. the house passing legislation to advance the project from canada to the texas give coast. 69 democrats voted for it. that could put new pressure on the white house to drop its opposition to this project. james rosen picks up the story from there. >> reporter: jay carney just moments ago saying the president is together right thing by withholding his approval of the keystone pipeline. in january he announced he was rejecting the application of the transcanada corporation to build a 1,700 mile pipeline. labor unions say this project would create 20,000 direct american jobs and bring online 830,000 barrels of crude oil a day. a congressman confided to me what what his democratic colleagues are saying privately.

>> i'm hearing a lot of them say they wish they didn't have to take a stand on this. they are ready to get the keystone pipeline built and they are ready to move on. i think we are getting to where we have a veto proof majority and i think we'll get that keystone built finally. >> reporter: last year his voting record drew him an 18% rating. >> the transcanada pipeline filed their permit and they are working with nebraska on that part the president said was a problem in nebraska. i disagree with the president. there are already 6 pipelines over that sensitive area. they are working to get around it. >> reporter: the 69 democrats who defected from the vote, 47

democrats broke ranks. a trend the white house has to view with concern. megyn: major new developments in the case of a missing boy whose story glipped the nation four decades ago. they are serving for the remains of etan patz. he was just 6 years old when he vanished in 1979. he became the face of missing children in america. so why now? all this investigation and all this searching. rick? >> reporter: the nypd and fbi are on scene for the second consecutive day. we are told the jackhammering of the basement has been completed but the work is far from over. they moved two construction-style dumpsterred

behind me. they also put up blue tents and tarps to block the view of cameras and the public. a bucket brigade has been moving the rubble of the concrete floor from the basement hand-to-hand, chunk by chunk to the dumpsters so the material can be hauled off and analyzed in an fbi laboratory. then they can dmight oil below the concrete. at the time of his disappearance the basement was the workshop of a local handyman who is 75 and lives in brooklyn. investigators questioned miller. at one point he reportedly blurted out, what if the body was moved. the fbi will not confirm this. but i did have a conversation with an fbi spokesman. >> i can't discuss who is a

subject and who isn't a subject because of the fact that this is an ongoing investigation and those sensitivities. i ask people not draw conclusions from that. we are continuing to execute a search and we'll follow leads logically wherever they take us. >> reporter: can we report you do have suspects? >> we have people of interest, i think that's a fair statement. >> reporter: he said the digging and searching will go on through the weekend possibly into next week. we can hear the rumble of more chunks of concrete as they are thrown i to those metal dumpsters. if they finds anything it's still possible that this nearly 33-year-old case could be solved but it could be quite some time before that happens. megyn: barbara boxer says whether you are a man or woman, red or blue or a real-respecting human, you have to vote for president obama.

really? we'll have a fair and balanced debate on that. a graphic photo of george zimmerman's injuries igniting a fierce debate. plus we'll play you not only the testimony of george zimmerman himself, but the testimony of the key investigator whose affidavit was crucial to the second degree murder charge in this case. did that investigator completely undermine the state's theory when he took the stand today? "kelly's court" will take a look. >> after you committed this crime and spoke to the police, did you ever make that statement to the police? that you were sorry for what you had done? ietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection,

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megyn: new fallout from bold

remarks by california senator democrat barbara boxer. listen to her advice for voters. >> the women whether you are republican, democrat or independent, if you are a self-respecting human being, please, vote for president obama and the men who care about women, do the same thing. megyn: joining me now, david webb, fan cofounder of tea party 365. and jehmu greene, a fox news contributor. if you vote for mitt romney you are not a self-respecting human being. >> take it within the context of what barbara boxer is saying. she is saying to women that you are so incapable of making your mind up, we the democratic party will take care of it. you are uncaring in men. men, if you care you have got to vote for obama.

this is the worst kinds of identity politics and this is the problem. it's not about solutions and putting forward what fixes the economy and the issues, but about keeping voting blocs bound by fear. megyn: this reminds me with president bush bumper stickers, if you are not outraged, you are not paying attention. the assumption your views are right, and others are wrong. th if people disagree with you they are not self-respect or less informed than you are. is that a way to win votes? >> no, but that's not what barbara boxer was saying. she was articulating what susan b. anthony in 1872. no woman should work for a party

that ignores its sex. their rights have been trampled on. just like we heard from our mothers probably all of our lives. we put threw and we are going to take you out. she is talking to not just women, but the men who care about equal pay. how can anyone be against equal pay? governor romney and republicans are. governor scott walker just repealed the equal pay statue. how can anyone be against violence against women. the republican house members vote against the violence against women. >> the real war on women are those that want to control their support and control their vote. this is a ridiculous proposition jehmu is putting forward that those on the right don't care

about women, they hate women. this is the deck going are you that does -- this is the demagoguery that doesn't belong in our politics. megyn: whether there is a democratic war on moms. that seems to be yesterday, last week, the week before. this is a narrative that comes up every so often in these election cycles and it ticks people off to be told if they don't think like whoever is speaking, that they are getting dismissed. that they must not respect themselves, they must essentially be stupid. they are too stupid to understand what's good for them, david. >> this is telling women you are too smart to make up your own minds. as american you have the ability to decide which candidate, which policies, which party you want to align with. the goal of the left wing

democrats is to tell every voting bloc what and who you need to be. this is the narrative. democrats say all that matters to you is your so-called reproductive rights so we'll control that for you. women are independent voters. >> that's a load of crap. republic for equal pay? have you talked to scott walker about why he repealed the equal pay statute. the republican leaders and the tea party that you guys sold us a bill of goods. women are responsible -- megyn: let me jump in. they don't like it when we talk over each other. this is an ongoing theme with senator boxer. remember she had the dust-up with the general who was testifying before her, she was, it's senator. it's a matter of respect.

now again with the respect. if you are a self-respecting human being, you have to vote for president obama. where is the respect for people who disagree with her? >> first of all as a united states senator she.reserve the respect being called by her title. it's something anyone can expect. the president should expect it but we don't see republicans behaving in that way. at the end of the day what this will boil down to is not just reproductive rights. these are republicans who on won hand they are trying to stick it to us by forcing us to have transvaginal ultrasounds and sticking it to us by taking money out of our pockets books and taking money out off our households. this is something that also the men are losing that money in those households. equal pay is a key issue.

megyn: what about the respect that somebody like barbara boxer, a u.s. senator ought to have for those who have legitimate disagreements with her positions. to we have to demonize those on the other side of the aisle? >> that's what the conservative brain believes in. we want a healthy debate on the issues. we want to give the respect to both sides. but when you have this demagoguery, senator, call me senator when a general addresses her as ma'am, is a lack of respect for the general. it's all demagoguery. megyn: it was a good debate. happy friday. coming up, dramatic developments in a florida courtroom as george

zimmerman takes the stand in a surprise twist at his bail hearing. the neighborhood watch volunteer who admits he shot and killed trayvon martin but says it was in self-defense had a message for the martin family. we'll play his testimony in its entirety. plus some bombshell revelations by the prosecutor in the case. a 9-year-old boy turns the tables on a schoolyard bully. now he's suspended from school. really? because he stuck up for himself? are we sending the right message? >> he was picking me up and slamming me into the concrete basketball place. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

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megyn: a 9-year-old boy stands up for himself after getting bullied and gets suspended from school. he says he had been bullied for months an could not take it any more. he says when the bully started beating him up against he fought back. >> reporter: you can see the pictures. he doesn't look overly vicious or big. his parents say once a week he would come home and complain was picked on, bullied or punched an had the physical scars to show it. they called the school and they told him at first to turn theoer cheek. >> walk away, find a teacher. when those things happened and he did find a teacher, there was hardly any repercussions. finally we told him if you have to and there is nobody else around, you do what you have to

do. >> reporter: nathan said he decided enough was enough. >> he was picking me up and slamming me into the concrete basketball place. he elbowed me in the eye so i tried to push me away so he wouldn't do it again. he kicked me in the back and he punched me in the face. report rrpt he and the bully were suspended because the school says they have a zero tolerance. they say none of the bullying techniques include retaliation. his dad says unless the school holds the bullies accountable they will only keep doing this stuff. >> it's wrong. not on in nathan's case, but nationwide, there is kids that, you know, they get punched in the face, they get called names, people try to strangle them,

they tell them to go kill themselves. >> reporter: both of the boys were us spend for two days. they are back pat school. megyn: there is a question about whether justice should be blind and whether they should be looking into who is the aggressor and who is the defender or if they should have zero tolerance policies. even so, what would you tell your child? would you tell yourself stick up for yourself? >> reporter: i do. you turn the other cheek first. the second time youfight back. megyn: if the policy is you get suspend for fiegd, you live with that. who is going to let their kid get punched in the face without doing anything about it? i would look into pulling my kid out of that school, too. but you can't just leaf them there helpless. you tell me what you think. trace, thanks.

big developments in the george zimmerman case. new testimony shedding light on what happened on the night zimmerman shot trayvon martin. has the investigator whose affidavit led to the second degree murder charge just undermined that very charge? we'll show you what he said in "kelly's court." but next we'll show you zimmerman's testimony tonight entirety. >> i wanted to say i am sorry for the loss of your son. i did not know how old he was. i those was a little bit younger than i am and i did not know if he was armed or not. [ grandfather ] that a boy!

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megyn: the pentagon confirming four u.s. service members died in a blackhawk helicopter crash. bad weather being blamed for bringing the aircraft down in southern afghanistan yesterday. the family of missing fort bragg soldier kelly bordeaux say they will not give up look for her. she was last seen at a bar saturday night. president obama welcoming the wounded warrior project to the white house. it's now in its 6th year. fox news alert. dramatic new developments in the bail hearing for george zirnlman today. the neighborhood watch volunteer

says he shot 17-year-old trayvon martin in self-defense in florida. today they had a hearing on whether they should give bond. zimmerman took the stand himself today and spoke about the case. he apologized to the martin family for their son's death and was cross-examined by the prosecutor. here is his testimony. >> my client wants to make a statement to the court, your honor. >> state your full name for the record and spell your last name.

>> george michael zimmerman. >> >> george michael zimmerman. >> you advised me you want to make a short statement, is that correct? >> i wanted to say i am sorry for the loss of your son. i did not know how old he was. i those was a little bit younger than i am and i did not know if he was armed or not. >> you are not addressing that to the court. you are doing that to the victim's family, is that correct? >> they are near the court. >> i understand. i thought you were going to address your honor, judge lester. that's addressed to the family and where the media happens to

be. >> no, to the mother and father. >> after you committed this crime and spoke to the police, did you ever make that statement to the police, sir? that you were soare for what you have done? >> no, sir. >> you never stated that, did you. >> i don't remember what i said, i believe i did say that. >> you told that to the police? >> in one of the statements i said i felt sorry for the family. >> you did? >> yes, sir. >> that would be reported, right? >> yes, sir. >> you are sure you said that. >> i'm fairly certain. >> which officer did you tell that to? >> he gave five statement total. >> all the names blend together. >> okay. do you remember fit was a male or female? >> there were both males and females. >> at the time you made the statement you are sorry? >> yes, sir.

>> you stated what to those detectives? >> i don't remember exactly what verbatim. >> but you are saying you expressed concern for the loss of mr. martin or you thought mr. martin, you felt sorry for them. >> i felt sorry they lost their child, yes. >> you told detectives you wanted them to convey that to the parents. >> i don't know if they were detectives. >> officers, i apologize. >> i didn't know if they were going to convey it or not. i just made the statement you said you called them up or left a message for them to tell them that? >> no, sir. >> why did you wait 50-some days to tell the parents? >> i don't understand the question. >> why did you wait so long to tell mr. martin and the victim's mother, the father and mother, why did you wait so long to tell them? >> i was told not to communicate with them. >> even through your attorney you didn't ask to do it right

away, your former attorneys. >> i did ask them to express that to them and they said they were going to. >> before you committed this crime on february 26, you were arrested -- not arrested -- you were questioned that day, february 26. >> that evening into the 27th. >> the following morning, is that correct? >> yes. >> and the following evening, too? >> yes, sir. >> would it be fair to say you were questioned 4 to 5 times? >> i remember giving three statement. >> when you were confronted about your inconsistencies you started saying i don't remember. >> outside the scope of direct examination. >> isn't it true when you were questioned and you were questioned about the contradictions in your statement that the police didn't believe it, you would say i don't

remember. would you agree you changed your story as it went along? >> absolutely not. >> sir, you were -- you had a phone at some point and you agreed to turn over that phone to the police so they could make a copy of what was in there, right? >> yes, sir. >> in that phone did you receive or send the text messages? >> yes, sir. >> did you ever make any reference to a reverand. >> object, outside the scope. >> sustained. >> did you ever make any reference to mr. martin the father of the victim? >> sustained. >> my question is he was asked in terms of apology to the family and i would like to address that if i could. >> i don't want to get into other areas. >> my question is, mr. zimmerman, do you recall sending a message to someone --

an email about referring to the victim's father? >> no, sir, i don't. >> just to anticipate, i guess, is the court ruling that i can't ask him about the statement he made to police in terms of his limited testimony? i don't want to be trying to ask the question if objections are being made. thank you very much, your honor. megyn: the prosecutor wanted no bail or at minimum $1 million. the defense attorney wanted the

bail to be set at $15,000. the judge wound upsetting the bond at $150,000, which is about average for a second degree murder charge down in the state of florida we are told. we are going to have much more on these developments in "kelly's court." plus we'll play you what could be a critical piece of testimony that you have not heard in which the investigator who signed the probable cause affidavit which is the basis for the second grow murder charge and arrest may have undermined the state's entire case. that's after his quick break. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. ♪

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megyn: stunning testimony in the bail hearing for george zimmerman as the investigator behind the state's second degree murder charge takes the stand. his name is dale gilbraith.

he was grilled over his assertions behind the arrest. it was his probable cause affidavit that led to the 2nd degree murder charge. including this quote within zimmerman confronted martin and a struggle ensued. according to this versus gay tore it was zimmerman who initiated the critical confrontation. but did the investigator contradict that claim this morning? >> do you mow who started the fight? >> do i know? no. >> do you have any evidence that supports who started the fight? >> no. megyn: join pleading to discuss it, jonna spilbor and mark eiglarsh. both are defense attorneys and both used to be prosecutors. is that a problem for the state? >> a problem? that's a huge hurdle. the state has to prove that

george zimmerman was the attacker. the state has to prove that george zimmerman acted with malice. for the lead investigator to say you got me, i don't know who started the fight. that's probably something they will not overcome. when i say they, i mean the prosecution. megyn: it seems like an important detail. who started the fight? who flu the first blow? >> if you are looking at stand your grounds the answer is of course who throughout first punch who would be deemed the aggressor is critical. because you are the aggressor you don't get stand your ground immunity. if you are the aggressor you won't get the self-defense benefit you are asking for if this goes to trial. megyn: does this tell us the state's theory is all about zimmerman stalking martin, following martin, however you want to describe it. it appears to me their argument

will be he created the circumstances of the ultimate confrontation. whether he threw the first blow or not, he's responsible for the death that ensued. does that get a second degree murder charge done? >> it gets them closer than they were at end of the testimony today. in addition to proving that, that theory disproves zimmerman's defense of stand your grounds. but in addition to that, the prosecution has to prove that the depraved part and the malice. you need that to get a murder conviction. versus a manslaughter conviction. megyn: it sound to me like the evidence that might support a manslaughter charge -- where you act reckless, you make bad decisions and it end up with somebody dying. but where was the evidence of depraved indifference to human

life? >> i didn't see it today and i don't sight in the probable cause affidavit. i will will, hatred or spite. maybe that's what he was feeling. or maybe it was frustration because other people had gone the away. it falls short of second degree. megyn: this investigator was asked about his assertion in his affidavit, he he asserted that zimmerman -- remember this is a critical moment at which the 911 operator says we don't need you to follow him. the question is whether he continues to push sue him. on the tape it sounds like he did not. but in the affidavit it says zimpleman disregard that dispatcher and continued to follow martin. today on the steantd was asked about that. do you have any evidence that conflicts with the suggestion that zimmerman turned away from trayvon and went back to his

car? answer, no. i mean, what are they doing, mark? >> let me put on my prosecutor's hat. at that point let's say he does turn away. at some point he winds up face to face with trayvon. their theory and it's a thin one, that someone saw a shadowy figure going by their house. i didn't even understand it, i don't think it supports he followed him. megyn: the investigator made a reference to some witness seeing two figures chasing after one another but wasn't able to tell us who was chasing whom. >> the best argument they are going to make is after being told not to go near him, he is face to face with trayvon which means he continued to pursue hip at some point and that led to his tragic demise. megyn: i don't know how this case will play out. i think you can make a case as a

d.a., trayvon was not the one who created the circumstances it was george zimmerman behaving as a neighborhood watchman. he was following this kid. so even if he wasn't the one who ultimately confronted trayvon before the fatal shot he did create the circumstances. i can see that argument. but is that a manslaughter charge or is that a second degree murder charge? >> it's not a second degree murder charge. it absolutely is not. it may not even be a manslaughter charge depending on zimmerman's credibility. he took the stand in a bond hearing. that's very unusual. his brief testimony was stoic. he did not come across to be the monster that everybody wants him to be. megyn: i want to talk to you. >> yeah, but ... we don't have all of his statement. he gave several.

they conflict. if they don't talk about him turning away from trayvon like this brother was allege he did. that makes him the aggressor. that would take him away from immunity protection. there is a lot out there. megyn: we have that sound bite from the investigator. i want to talk about zimmerman's testimony when he took the stand right after this break. don't go away. when a major hol wanted to provide better employee benefits while balancing the company's bottom line, their very first word was... [ to the tune of "lullaby and good night" ] ♪ af-lac ♪ aflac [ male announcer ] find out more at... [ duck ] aflac! [ male announcer ] ...forbusiness.com. [ yawning sound ]

megyn: now we have the investigator's testimony queued up. he says zimmerman disregard the 911 dispatcher. he disregard him and continued to follow martin. now was asked about that by the defense attorney today. listen.

>> do you have any evidence in your investigation to date that specifically contradicts either of those two pieces of evidence that were in his statement given several hours after the event? >> which two? >> that he went back to his car. let's start with that one. >> i have nothing to indicate he did or did to the do that. >> do you have any evidence to contradict or that conflicts with his contention given before he knew any of the evidence that would conflict with the fact that he stated i walked back to my car? , walked towards the car. >> no. >> no evidence, correct? >> are you talking about at that point in time? >> since, today, today, do you have any evidence that conflicts with his suggestion that he had turned away and went back to his car? >> other than his statement?

no. >> no, no, no. >> this throws such a wrench in the entire theory of the prosecution's case. the prosecution needs to prove george zimmerman was the attacker. george zimmerman says i turned back to my car. the lead investigator says we don't have any evidence to contradict that but here we are facing second degree murder charges. that makes no sense. megyn: allen dershowitz came out were critical of this affidavit. now we hear the investigator behind the affidavit seeming to contradict parts of the affidavit. where does that leave us legally? >> the affidavit is a charging document as far as the information and indictment. it establishes probable cause. it can be used to vigorously cross-examine the lead detective and it will play a role in front

of jury. it doesn't mean is there not more evidence. megyn: what did you think about zimmerman taking the stand? >> i thought it was brilliant. they put him up to say one thing. i am sorry. that was genius. then he stopped. then when the prosecution cross-examined him, he was trying to shake george zimmerman look bad, i get that, and he failed at that. >> i abright was a dress rehearsal. because he has to -- i agree it was a dress rehearsal. he has to say he was in fear. get him ready for the trial, there is no down side. the judge isn't going to determine bond based on what he says or doesn't. i think it was a brilliant move. megyn: he will be out on bond in the next tie or two, they believe. panel, thank you both so much.

we'll be right back.

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