jamie: great seeing you u. and i even get to come back tomorrow. great staff on this though. "america live" starts right now with megyn kelly. megyn: fox news alert and a new challenge for the president's reelection team as polls are now showing a dramatic loss of support for the president among a critical group of democrats. welcome to "america live", everyone, i'm megyn kelly. gallup polling calls this group, quote, the bedrock of blue collar democrats, working americans without college degrees and in just the last two years president obama has seen his support with this critical group fall from a 66 percent approval rating in 20 09 to a 45 percent approval rating now. joining me now for perspective on that, cries stierwalt, our fox news digital politics editor and host of power play on fox news.a.m. and pat caddell, a fox news contributor and

former pollster for jimmy carter. how important is that voting bloc to this election and democratic politics in general? >> it's critical. this white house, president obama has had problems now for a while and we now see the new numbers with what we call blue collar democrats who are critical to any democratic coalition. he has done better with better educated voters and higher income voters and that's very problematical looking at 2010. right now, however, mitt romney, when you look at the''s approval ratings, he is doing better in a way with the votes with these voters at the moment than he is with approval, partly that's because neither has seen -- if you look at the fox poll this week, 61 percent of percent -- percent of voters felt the president did not have an economic plan for the future, but so did 58 percent of the for governor romney so this is a

jump ball election right now. what's critical is who's going to define it and this could be critical. it's a group that the president had problems with and that mitt romney had problems with in his primary run. megyn: chris, we saw barack obama and hillary clinton battle for that group the last time around. in the end they did turn out for him and his approval rating has fallen with that group but it's fallen with all of the groups because it was unusually high when he took office. 75 percent approval rating, 73 percent, one of the ones he had -- let me show you this poll -- with those who make under 2000 -- 70 percent approval rating when he took office but it's down, it's down almost 20 points now. is that just a reflection of what we're seeing across the country in all voting blocs or is this telling us something about americans? >> it is a saggy approval number and disapproval across the political spectrum but to key in on

what pat talked about, to the democratic party, this was historically dating back, prenew deal, prefdr, this was the core of the democratic party, blue collar workers, heartland folks, who are out there, that $2000 a month earning category you talked about, those are very indicative of the people who used to be the bedrock of the democratic party. those folks aren't there for the president in a way that you've seen for his predecessors and part it has to do with a strange or at least an unusual coalition that the president has put together and that has to do with the very high income voters that pat is talking about, combined with very poor voters. but in terms of, say, the middle 40 percent, the president struggled, and he hasn't really reached out to those people in that way. when you think about something like we saw today the resignation of that epa official who made the crucify comment, that's out today, that's indicative of a problem that he has, that those blue collar voters don't think he's on their

side to create manufacturing jobs. megyn: but it's is shift in perception but will it be a shift in november? >> that's the key test. right now the president is not doing well with white voters and a lot of these blue collar democrats who are white are up in the air. but as i pointed out before, neither didith t m mitt romney. look, in the primary, the critical primaries, ohio and michigan, he really got -- he was in such trouble with those voters and he did better partly, in great part because he got don add trump to get in there and campaign for him who is popular with those kinds of voters. mitt romney needs to connect with those voters. he needs to do that. if he wins them, then the president is really on the defensive. right now, the president is still holding relatively his own, it's still not very great, but in -- and these are the voters by the way who oppose him on keystone, on energy, when chris just mentioned the epa decision, these are voters who don't agree with these things the president is doing, and to them, he is much of an

elitist. mitt romney though has to make a message. he's got to connect with them and that's where this election is hanging -- hanging at the moment. megyn: final word, chris, but i want to ask this. people voted democrats their whole life, are they likely, despite the disapproval number to switch over to republican? >> well, not necessarily. and as pat points out, that's why you are seeing such a negative campaign from team obama. when you see they can't even take credit for the death of usama bin laden without adding a negative swipe at romney at the end, say, he wouldn't have even done it, their going to run such a negative campaign because they want to keep some distance between these blue collar democrats and mitt romney, they're going to attack romney for his wealth and other issues, because they want to make him an unacceptable alternative to obama and that's the name of the game for democrats this cycle. megyn: gentlemen, thank you very much for your expertise, see you soon. >> thank you. megyn: making on the campaign trail, a move by the president's reelection team to publicly shame some

private donors to the romney campaign, the technique is earning a comparison to president nixon's infamous enemies list. ahead, our panel debates, are private citizens fair game in this election season fox news alert now. you heard it mentioned moments ago. breaking news on the epa. we are just getting word that that top epa official who made the controversial remarks about how he enforce the law against oil and gas companies has just resigned. his name is al armendariz and stirred up utrage when video surfaced from 2010, but it just surfaced last week, in which he used the word crucify to describe how he approaches enforcement of the industry he oversees. take a listen: >>

megyn: lawmakers in oil producing states have been calling for his resignation. republican lawmakers in particular, very upset, saying that the comments prove that the epa is out to get the oil and gas industry. just last friday, we went to the weekend with the white house refusing to go that far, and with the epa administrator, lisa jackson, refusing to go that far, saying look, he's apologized for it, yet today we get the news that he has resigned. well a. big followup now to a controversial border incident that we have been tracking closely here on "america live", a 15-year-old mexican boy shot by a u.s. border agent, follow ago stone throwing

confrontation caught on camera at a busy checkpoint. the teen's death initially prompting a huge outcry. even sparking claims of racism. they say he was throwing rocks, he got shot. that was the outrage. now the department of justice has closed its investigation, saying there is no evidence for a criminal case against this agent. trace gallagher has been following this since it first broke, this story. trace, what's the very latest? >> reporter: well, you remember megyn, back when this broke, there were a couple of different videotapes showing this shooting. we analyzed both closely and you can clearly say there were teenagers throwing something at this border patrol agent and in the background you can hear people, witnesses saying they're throwing rocks. this border patrol agent by the way was on a bicycle patrol, he had no protection at all, when he was arresting an illegal immigrant across the rio ground. he pointed his gun a couple of times before he actually shot but he was surrounded by those teenagers. that's when he opened fire. as we have pointed out many

times, the border patrol agents in that area have been hurt seriously by rocks on a number of occasions, and in this case, the justice department looked at the videotape, they ran the evidence, and they found that this was self-defense on the part of that border patrol agent. now, a judge in texas has also ruled that the family of the 15-year-old boy who was shot cannot sue the u.s. government for wrongful death, but they can sue the border patrol agent. and even though the justice department says this was self-defense, the family of that boy right there now says they will continue to pursue a lawsuit against that border patrol agent. but the conclusion here is that was, in fact, self-defense on that day, megyn. megyn: significant developments there today, trace, thank you. >> reporter: okay. megyn: we are learning more right now about a controversial plan by occupy wall street protestors to try and shut down at least two major american cities tomorrow, but this is

125-city effort. we are awaiting more information on this, but we are getting details about how the labor movement, the immigrants' rights movement, and the occupy protestors, plan on coming together tomorrow and how. lou dobbs on that, right after this break. plus, a florida judge, asking new questions in connection with the conviction of polo tycoon john goodman, the guy who adopted his girlfriend, remember, to avoid having to pay out in the civil case? at least that was the allegation. this time it is the jurors getting grilled. in just about 20 minutes it happens, and their answers to the judge's questions, or to those of the lawyers', could be a very big deal when it comes to that man's free tom. >> and health and human services secretary kathleen sebelius, grilled on the president's health care overhaul and what implications it has for religious liberty. she openly admitted -- well, you listen to what she said about her views on the constitution.

we'll take a closer look: >> why can government not force religious belief? >> what's the base of that? >> the separation of church and state. >> it's the constitution, right? the first amendment. can government decide which religious beliefs are acceptable and not acceptable? >> no, sir. >> and why can they not do that? >> it's part of our constitution. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8.

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take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ >> may day in moscow is no place for peace, the kremlin is always shouting about as red square tremples to the modern war mon strers. this shows the ordinary citizens why they are fully housed, meanly fed and lack most of the consumer goods to people of even the smallest of free world nations. megyn: six decades ago, the first of may was best known as the day of celebration in moscow and havana as workers

in the communist party marked what they called their accomplishments. but tomorrow, occupy wall street and a number of other sympathetic groups plan to mark may day with a global protest. threatening to bring economic activity in major cities around the world to a screeching halt. in new york city, the police are bracing for a huge faceoff. joining me now with more, lou dobbs, host of "lou dobbs tonight" and a syndicated radio show host. they say 125 cities, it is not just occupy, it's the labor movement and folks who support immigrant rights and the message is going to be no work, no school, no house work, don't bank, don't buy. they want to show the world what it would be like without the # 9 percent. >> as you were running those pictures of the soviet union and its in heyday under cru chof -- cruise chef, the

occupy movement itself is a faint echo of the communist initiatives and socialist impulses of past decades but it's sort of what passes for political instability these days. it's really -- it's sort of a sad and pathetic movement. megyn: do you think there's a struggle to stay relevant? because there was a recent "wall street journal"-nbc news poll that said that 51 percent believed the occupy movement has run its course, 39 percent said no, it's still important. >> well, important to whom? i mean, the reality is that it has no real leadership, no real purpose. a combination, as you said, of labor organizations, of the open immigration movement, and some folks who have talked in terms of percentages, 1 percent, # 9 percent, you know, who knows what that means. megyn: do you think this signal as struggle for in their mind relevance? >> first i think they may be shocked that they've had as much attention as they have had, having so little

relevance. they are irrelevant, really. megyn: i don't know, with the nancy pelosi comment on that, president obama commented on them, they weren't totally irrelevant months ago. >> megyn, when those two comment, i get excited about potential relevance. when i'm talking about relevant, the ability to move forward with economic policy, domestic policy. you have no -- they have no such influence whatsoever. they have the power to display, but this is -- remember, when this all began, there was all this talk about because of our economic crisis, social general stability across western europe and the united states. none of in has -- none of that has come to bass. megyn: what is the risk in this group doing this? americans who are sitting on their couch or go to work and come home, watch tv, they might be sympathetic to of the movement, okay, # 9 percent, but when they have to sit in traffic for four hours instead of 40 minutes because they're blocking the brooklyn

bridge, as they d. we're told they are going to be blockading one or more of the bridge and tunnels going into manhattan, and then the average american can get upset, if you mess with their personal lives or their professional livelihood. >> i think you're exactly right. and further, what would make this group sympathetic is if they were talking about jobs and job creation, talking about restoring prosperity but they're not. they're talking about a continuation of political polices in, for example, washington, d.c., that would see greater distribution of welt, greater dependy, more checks to more people. megyn: they don't feel valued, they don't feel the system is fair. they're trying to show us what it would be like without them. >> but some political leaders using this fairness forget the reason they have the opportunity to do what they're doing on international workers day, a communist workers day, is because we are an

extraordinarily fair system. what is not fair is right now our leadership has been unsuccessful and coming forward with job creation and restoring prosperity to a middle class right now that is being, frankly, crushed. megyn: what's likely to happen to these union members? because they're saying they could be in violation of the taft-hartley at which sets the circumstances for general strikes, that they're being encouraged to call in sick, take a personal day, leave work early, and then these immigrants' rights activists, some of whom do not have legal status, you get caught blockading the brooklyn bridge, you can get arrested. >> you can get arrested, 2100 of the occupy demonstrators have been arrested over the course of their demonstrations, to no real effect. this administration is very selective in which laws it enforces, labor organizations in this country right now have prim eswith this administration. there will be no consequences for those workers who defy law, because this administration is making some very discreet

judgments about who will, in fact, be accountable for their conduct, their behavior, and which laws they do violate. megyn: it's going to be decided by the police on the street. it's not going to be president obama calling down to some police force. >> well, actually, the fact is that those prosecutions that amounted -- that resulted from those 2100 folks being arrested in new york city amounted to nothing, because who wants the expense, who wants the trouble. megyn: there was fallout for the doctors, though, when we saw the protests in wisconsin and the teachers were getting those notes written by the doctors on the site, there was some fallout for those doctors if memory serves. we'll look it up. but calling in sick and taking a personal day, leaving work on a day where it's known there are these protests seems like it could get new trouble. >> i think the greatest thing we can take from what will happen tomorrow, and the declarations and preparedness on the part of all the authorities, goes to the fat that this is what amounts to social unrest in a demonstration of the power of open immigration, the

labor movement in this country, and those who would like to see us become a socialist state. we're in pretty good shape. megyn: if i'm not here at the anchor desk tomorrow, it's not that i have called in sick, it's that i'm stuck in one of those protests as i make it into the studio! >> are you making a case in advance? >> megyn: we'll do the show from phone! thanks lou. catch lou every night, "lou dobbs tonight" airs week nights, 7:00 p.m. eastern time. >> we are hearing the search for a mississippiing arizona girl has spread as far as mexico. in three machines we'll look more closely at the surveillance video that is now offering police possible new clues in the case of this missing six-year-old, said to have been taken out of her bed in the middle of the night.

megyn: this is a fox news alert.

you are looking at live pictures now from ground zero in new york. and we are less than an hour away from an historic moment. workers expected to put in place the beams that will make the freedom tower the tallest building in new york city, surpassing the empire state building, and david lee miller is there. just as he was over ten years ago, when he was one of the very first reporters to arrive at the base of the south tower on september 11th, 2001, just after the first plane hit. >> reporter: we're here, a few blocks away from the world trade towers. your name? >> simon. >> reporter: describe for me, you were first among the scene. >> yes, i was by the bridge, when the smoke hit, the first aircraft carrier hit the main tower. [inaudible] >> a lot of havoc and fire.

>> reporter: and now, what's being done on the scene right now? >> right now, pretty much trying to put the pieces together, trying to find out what exactly is going on. >> reporter: would there be people trabd under this rubble? >> at this point in time, anything is possible. megyn: david lee miller, live again, 10-plus years later proving anything is indeed possible at a very different ground zero in new york city. david lee. >> reporter: indeed megyn, some would say near miraculous. there's a spot where i am now standing, that was strewn with burning debris, there were thousands of bodies, trapped underneath the rubble. today, though, the scene here is indeed very, very different. this is a construction site, not just any construction site, however, and in just a few moments' time, a significant milestone is going to be passed. let's take a look now at some time lapsed photography that shows you what has taken place at one world trade center. this video, a matter of seconds, but it shows the blood, sweat and toil of the

last six years. that's when this project began in earnest. it is a project that has transformed not just lower manhattan, but in great measure the city of new york and the building itself now stands as a symbol for the revitalization of america to show that america has recovered from the events that day, so many years ago. let's go live, once again, here, and i'm standing right now at the actual base of one world trade center and we're going to pan up. you can see just how big this building is. this morning, it was 1250 feet, maybe a hair under that, that is the same height as the empire state building, a little less, and as i speak to you now, we understand that a steel beam is being put in place that will raise the height of one world trade center to 1271 feet. it will then be the tallest building in new york city. a very significant event. symbolic, yes, but it means

a great deal to many. when you arrive now to new york city, this is very likely to be the very first structure you are going to see in the new york city skyline. and very quickly, let me quote very briefly from what new york city mayor michael bloomberg said a short time ago. he said today, our city has a new tallest building, a new sense of how bright our future is. the final completion of one world trade center is slated to take place the end of 2013, but today, megyn, all eyes on this building, torres construction workers alike and new yorkers who are extremely jaded, gazing up at the tallest building or what will soon be in new york city. megyn. megyn: david lee, you look at this and hear about the record that we're about to set and it doesn't feel like it is so much about the record as it is the fact that we were knocked down and we've gotten back up. and this building, you know, set to be -- set to be as tall as it is is symbolic of

that struggle. >> reporter: you're absolutely right. and interestingly, a lot of the construction workers today said that in many ways this is just a typical day, another day. they see every day as a milestone, every day that this project nears completion, the significance to them and this in many respects is no different from those days, but for many, it bears repeating that it is now the tallest structure in new york city. megyn: david lee miller, thank you, sir. >> reporter: -- >> well, there is a new twist in the general election fight today as the obama reelection team starts to applicably name, and shame, donors to the romney campaign. are we seeing a return to the so called enemies list under president nixon? private citizens, punished as political enemies? we'll have a fair and balanced debate on that question, next. >> plus, major developments in the case of florida polo tycoon john goodman. remember this guy, the one who adopted his girlfriend?

why a florida judge is hauling the jury back into criminal court in a few minutes and why this could lead possibly to goodman's release, after he was convicted of driving drunk and killing a young man at the scene. that is on the docket. in an early kelly's court today. >> as to count one, we find the defendant guilty of dui, manslaughter and failure to render aid as charged in the informs. as to count two, we find the defendant guilty of vehicular homicide, failure to render aid, information, as charged in the information.

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megyn: we've got a deefling story from the campaign trail today, as a website run by president obama's reelection campaign is earning comparisons to president nixon -- nixon's infamous enemies list, that list described in a 1971 memo from white house counsel john dean is, quote, how we can use the available federal machinery to, pardon the term, screw our political enemies. today, on a site called keeping the gop honest, president obama's election team names romney donors and then tries to shame them with embarrassing information. these are private citizens being attacked for making political donations to the republican presumptive nominee. joining me now, brad blakeman, former deputy

assistant to president george w. bush and dick harpootlan, chairman of the democratic party. james rosen will yell at me if i say it was president nixon's enemies list, it was not, it of the white house counsel, from mr. kolson who put it together but in this case it's the president's reelection team that has nailed and shamed several donor, dick, coming out and saying, some have them, quote, have less than reputable records and are on the wrong side of the law, have been on the wrong side of the law. what do you make of it? >> well, megyn, i think the major point here, the difference is there was some sort of secret list at the white house under nixon. it's very public. and what all the''s reelection campaign is pointing out to the people of this country, people that are putting unless of -- millions of dollars into mitt romney's campaign, if you look at them, most are from the oil industry, many of them are lobbyists for the oil industry, and the oil industry feels threatened by the reelection of this president because he's protesting alternative fuels, he's gotten the

amount of oil, we import down, these guys have a lot in common with saudi arabia, iran and others. they want to keep oil prices high. keep us hooked on it. megyn: you're fine with it. >> absolutely. not only am i not okay with t. i think this is transparency. mitt, where are you getting your money? it's from the oil industry and that's healthy, good, and lets people know how to vote in november. megyn: brad, there's an opinion piece in the "wall street journal" from kimberly strasen that talks about this and says presidents hold a unique trust unlike senators or congressmen, presidents alone represent all americans, and any president who target as private citizen for his politicians is de facto engaged in government intimidation, and threats. do you agree? >> i agree. i think this is a shameful practice. again, this is sitting president's reelection campaign, this is his campaign, doing this, he can't be blaming this on a third party group, a superpac. it's the president doing this, putting the screws if you will to private citizens who are doing legal

business. they are in the business of effectuating their own public views through what? through donating to campaigns, donate to go superpacs, and be careful what you wish forbes dick. you guys have superpassions, you're raising tens of millions of dollars from people like bill mahra. comedian, who gives you a million dollars. you don't say anything about those donations. the fact is, what's good for the goose is good for the gander. you are now going to now have a response by not mitt romney, by people who sympathize with mitt romney, superpacs who are probably going to be doing the same thing and this will de generate into a evil, nasty campaign. megyn: the superpacs we've argued about. dick, this is about individuals. the thing is, he's got eight guys listed out by name, telling us who they are, saying that they've been on the wrong side of the law, less than reputable reputations. think about that, if you were the president of the united states, saying that about you, because you donated to the other party. >> megyn, physical of all, oh my god.

these are publicly reported contributions. all he's doing is taking the publicly reported contributions and showing this common thread, that big oil is trying to buy the presidency of the united states. megyn: it's not just about big oil, though. wait. let me jump in. hold onful it's not just about big oil. because one guy, he demonizes him as a bitter foe of the gay rights movement. that may be controversial to some of the voters, but it's not just about oil and gas. i mean, it's about many issues, and he's, you know, critical of these individuals. >> megyn -- >> how does an individual fight against the president and the white house? >> megyn: to you brad. >> wait a second. maybe it's straight big oil guys, but the fact of the matter is there's a common thread here, and the thread, the ones i saw, anyway, in the article, most were big oil people, and that shows -- or whether it's antigay people, all these pointing out is those who have written checks, publicly disclosed, have these issues that they champion, and if you want oil prices to remain high, vote for mitt romney, if you're against

gay rights, vote for mitt romney, and these people demonstrate who ris con spittence -- constituencies are. >> just because somebody donate toss a campaign doesn't mean that the campaign agrees with individual private party views. you know that dick. it's totally unfair to cherry pick out of the millions of donations a few people and try and demonize then. what's their recourse against the president of the united states, the white house machine? >> vote. >> and a billion dollars campaign effort? it is totally unfair and it's unamerican for a president to go after an individual. >> whoa, whoa, whoa brad. unamerican? you were just slamming bill mahr. it's not unamerican. this it's as american as apple pie. megyn: let me ask you about that, brad. a lot of folks on the right have been critical of president obama for taking -- well, it's his superpac for taking a million dollars from bill hao mahr and have' pointing out, a big democratic donor. is this different from that? >> bill mahr has a

television show and public recourse when people go against him. individual businessmen do not have individual recourse as a comedian who has a national television program. let me say this, the fact that the president doesn't have a record to run on shows the desperation of his campaign. this is a president doing this, deflecting and going off a handful of donors when we should be talking about the big issues and the president should be defending a record he can be proud of. the fact that he doesn't have a record and megyn you started off the program with a gallup poll that shows the core of the president's support is reading amongst blue collar workers. this is a desperation play on the white house and it won't work. americans will reject a president who is pigging on individuals. megyn: got to ask you this, if president bush had done this, right? >> he would take a shot, too. we'd be saying exactly what brad is saying. this is politics, folks. grow up! come on, brad, stop being a -- >> they expect more out of their president. >> i would have expected it

out of bush, and i expect it out of obama. come on, brad. you worked at the white house. grow up. megyn: i got to leave it at that. gentlemen, always a pleasure. >> thanks. >> yep. megyn: all right, coming up, a a former cia chief breaking his silence about water boarding saying not only did it work, it got the best intelligence out of the most warranted terror suspects like september 11th, the self-described mastermind khalid shaikh mohammed. now that retired cia officer has a message for this white house. and the search for a missing six-year-old girl, reportedly taken from her bed in the middle of the night, out in arizona, is now searching across the border, that search is spreading across the border as a potential key witness comes forward. we'll have the latest in the desperate search for little isabel cellis. >> by all means we would really love to have isabel back at her parents' and have this case resolved and we are doing everything we

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megyn: kelly's court is in session. on the doght, a fox news alert, an emergency hearing underway in the case of a convicted florida polo tycoon, john goodman. look at this, pictures from inside the courthouse. today was supposed to be sentencing day originally for the polo playing millionaire. he possibly faces 30 years behind bars. he's been convicted for drunkenly plowing his bentley into a young man's arrest and then leaving that young man the a the scene to die. now, the defense has filed all sorts of motions and they've questioned jurors as having engaged in misconduct. there are now -- they are now questioning the judge accusing him of misconduct, and they suggest that these jurors and the judge have

effectively tainted this verdict. joining me now to discuss it, former prosecutors, now defense attorneys, arthur idala and mark iglarsh. roy black is the defense attorney, he's a big, famous defense attorney. he lost. he lost this case at trial and that didn't come as a shock to any of us that watched the case, given this guy's action and what he blew on the breathalyzer. arthur, now they're going after the jurors, suggesting they didn't bee heaive as they were supposed to and now what's this business about the judge? what evidence do they have that the judge is biased? >> they have some evidence that the judge received communications from one juror. there was basically -- i think they used this term, it was a whistleblower juror who came forward after the verdict. megyn: the alternate. >> she said there were improprieties here and i tried reach out to the judge, i called, but nobody called me back and that's why i'm now calling you, defense counsel, and the defense attorney is saying wait a minute, what do you mean, you spoke to the

judge, you spoke to the chambers, but what did you say, et cetera, and they feel like they have a right to know that before this man is sentenced, basically, possibly to life in prison. megyn: mark, as you know and arthur knows, because you're big famous defense attorneys, defense attorneys do all sorts of weird procedural maneuvers to try to get a guilty verdict overturned, is this that? >> you mean jealouso zealously defending our clients, megyn! listen, it is roy black's job and his team to do everything they possibly can to help their clients. it doesn't mean they're going to have merit to their argument. in fact most cases are not disturbed after conviction. the chances are very low, they're very remote, it approaches almost no real value in this case. the judge is saying i never spoke to this woman, i never had any communications with her, there is no merit to what you're arguing, i was fair, and i think ultimately that's what the appellate court will find. megyn: so viewers know, because we did a kelly's court a few weeks ago, one of the alternate jurors came out and accused the jurors

of misconduct, saying they talked about the coverage, one guy was writing a book about the trial, during the course of the trial, the judge has denied the defense motion for a new trial based on that, he said no, you didn't convince me. and now they want the judge off the case because they claim he got communication from jurors he didn't disclose. arthur, as i see it amounts to this one woman's letter, the another national juror's letter, and the judge said i didn't get it, if i get any letters from the jurors, my office staff opens it up and send it to defense counsel and to the prosecution counsel. why isn't that the end of the matter? >> because it's so rare. megyn, the thousands probably now of kelly's courts that you have covered, how many times do you hear something like this happening? and to the judge's credit, let's talk about what he is actually doing, which is extremely rare, he's calling the jury back in, and he's basically will to go have them questioned about whether they reached this verdict on proper grounds. i will tell you that's never happened in any case that i've been involved in. megyn: you got to take a

lesson from roy black, arthur! >> the thing is, what he has, the alternate juror who's very insistent the jurors were deliberating before they were told to and number two, following the case on the internet which is a huge problem right now, and they were taking evidence into consideration that really wasn't evidence. megyn: they were watching you guys on kelly's court! mark, why if the judge already denied a new trial is he allowing them to have a crack at these jurors? >> what arthur said needs to be fleshed out. the judge made a factual finding that none of the jurors' deliberation was tainted in any way, and thus, that's it. he's the factual finder here. and when he -- >> megyn: well, why is he reopening this can of worms? >> well, he had to. roy black, as i said on a previous kelly's court, alleged enough that it was problematic, the judge needed to quirks an if maybe one of them read a report somewhere during deliberations the judge had to say when you looked at the newspaper and is a the

report did that affect your deliberations in any way, no, okay, there you go. megyn: so that -- the jurors are going to get into the -- the jurors are going to be cross-examined by the lawyers who tried the case? >> or -- i don't know how this judge is going to do this, it could be the judge himself. usually it's the judge himself saying have you taken evidence that wasn't -- facts that weren't heard in this courtroom, did you do that or did you read this, did this affect your verdict or did you -- i mean, look, they're loaded questions, or did you reach the verdict based on the evidence you heard, yes, judge, i did it on my -- la la la. megyn: i didn't do anything wrong, your had nor -- your had nor, i swear. i'd be number one, telling you i told you not to put me on this jury! arthur, mark, thank you. we'll continue to follow this throughout the next hour and see if we get any exchange between the judge and jurors. we'll show it to you. we are moments away from witnessing real history in the making. we'll take you live to

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megyn: there are new leads today in the search for a little missing arizona girl. those leads now extending as far as mexico. little isabel cellis vanishing from her parents' home in the middle of the night, how police hope a surveillance video showing people near the girl's home may lead to some answers. trace gallagher live in los angeles with more. >> reporter: just like we did in the baby lisa case, you have to focus on the timeline, the parents put isabel to bed at 11:00 at night, at 8:00 the next

morning when the dad woke her up -- went to wake her up she was gone. the neighbor next door said she heard commotion at 6:30 in the morning, male voices outside of isabel's bedroom. now look at this map. they are focusing on about 1:30 in the morning, that's when a group of six people left a local club and they walked through the church parking lot. see the church? it is only less than a block from the cellis home. as a matter of fact, as you walk through that church parking lot, you can see the cellis home. look now, if you will, at the surveillance video taken from the church. now, at 1:30 in the morning, the theory is that these people as they walked through toward the cellis house would have seen anything that happened. at least two witnesses have come forward and spoken with police but police will not disclose the information that they gave them. and there also is apparently a sixth person. listen now to police: >> i can't get into what they said or what they told

us. it's now a process of evaluating that information from those witness statements. we're doing that, and we're also going back to other witness statements from a variety of people that we interviewed from the early days of the investigation. >> reporter: on top of just focusing on the surveillance tape, they're also now pushing the investigation south to mexico in the town of sonora, checking surveillance tapes of banks, businesses, even a bus station -- of bus stations down there, very close to the mexican border, which is why they're checking both sides. remember, two cadaver dogs or two dogs changed that -- change that, one scent, an cadaver dog found a scent inside the house but police have not told us which of the dogs got the hit. that evidence is being analyzed in a lab. the parents still have not been ruled out as suspects but they are being cooperative megyn. megyn: trace gallagher, thank you. >> reporter: okay. megyn: want to tell our viewers, we are now moments

away from seeing this steel beam erected on the top of one world trade center, a column, on the 100th floor of the skyscraper that will officially make it the tallest building in new york more than ten years ago, they knocked the towers down. today, they stand anew. with less chronic low back pain. imagine you, with less pain. cymbalta can help. cymbalta is fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can help reduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. antidepressants can increase these in children, teens, and young adults. cymbalta is not approved for children under 18. people taking maois or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine

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as with all medicare supplement plans, and help pay for what medicare doesn't. call this toll-free number now... megyn: fox news alert, and what a moment we are about to have here together. you are looking at live pictures from ground zero, new york city. we are now just moments away from history in the making. workers expected to put in place the beams, the columns that will make the freedom tower the tallest building in new york city, surpassing the empire state building. obviously, this story is not about the height of a building, it is about the strength of a city. and joining me now on the phone is frank siller, the brother of 9/11 hero steven siller, a 34-year-old fdny firefighter who ran through the brooklyn battery tunnel that fateful day because

it was closed to traffic. he had already finished his shift, but he heard about what was happening, and he would not be denied from going back to the scene to help his comrades on the fdny and to help the citizens working in that building. he ran through that tunnel and to the towers and was killed on that fateful day. frank, thank you very much for being here with us as we sit and watch as they get ready to place this column atop this building, officially making it the tallest building in new york city. it will be just taller than the original 1 world trade center was. what are your thoughts? >> well, it's -- i'm glad to see it coming to this point. it's been a long time coming. a lot of the nerve families -- 9/11 families are very happy to see this building rebuilt, all downtown being rebuilt. you know, there was a tremendous sacrifice that was made that day. there was 343 firefighters that ran into what i call the valley of death that day saving so many

people. it was the largest effort ever made, and we're just so proud of what steven did that day and how america came together afterwards. and so this is a great, you know, every year you see great progress there now, especially the last few years. and to see this go up there and be rebuilt and have downtown rebuilt, it's significant in that we have to do the same thing with our lives. megyn: well, that's the thing, is that so many of us have gone on, those of us who didn't necessarily have relatives or friends as close as you did, frank, your brother. but it's a little easier each year to put it out of your mind, to move it farther away from the tragedy, and maybe that's a good thing, for people to heal like that. but it is important to rebuild yourself personally, this city economically, and just mentally and emotionally for those who are close to this tragedy to see

this symbolic erection of this column today. >> yeah, no, i agree with you. it's important, it's very important to rebuild and to build on the foundation, the sacrifice that was made that day and that we never forget. and that building now, because it is such a symbol of freedom, will help us to make sure that we don't forget the price that was paid by, you know, 2,976 people that day, and most certainly the first responders. so it is, it helps us to continue with our lives, but we have to always remind ourselves what happens so we just don't let it happen again. >> frank, when you see this, we're reaching this point one day before the anniversary of usama bin laden's execution, and that is, you know, also a day to be remembered and appreciated by americans who know that he's the one who unleashed that hell on america that day. your thoughts on that piece of this. >> well, it's ironic that, you

know, that it is a year later. i remember when bin laden was taken out last year, and it was one of the best days personally of my life because it's not just because i'd like to go out and kill the s.o.b., it's because it is significant that he's no longer on this earth doing the evil that he was doing. and, you know, we can't have people like that around. it just can't happen. our military, the greatest military in the history of mankind, that helps the world all around the world, not just america. what they do for everybody, and for them to come together and take bin laden out last year and then have this building being built here like this, it is significant, and there are signs that we are moving in a better direction. but once again, again, that we t forget because there are other bin ladens out there that want to do terrible things to us. and i don't think we are. i think on the most part, you know, we realize that they're

still trying to kill us. but i love seeing things like this today. the building being built like that and being the tall building in america again and being at the end of it 1776 feet high which is what america was born in, you know, 1776. so it all is very meaningful. megyn: you know, this building will not be the only thing that will not be the only thing that again. on friday night i had the privilege of spending the night with you, and there were so many first responders there, frank, and there were also the family members. not just yourself, but your sister-in-law, the widow of steven siller and his children. they've had to move on just as the many families of the 9/11 victims have had to move on.

for them this must be symbolic as well. i mean, they picked themselves up, these beautiful children were there that night on friday. they looked happy, they looked, they looked whole, and yet there will always be a piece of them that's missing. >> right. you can fill the hole in ground zero, but you can't fill the hole in the heart. but we learn to live with it. i think that's how you have to put it. and, listen, steven wouldn't want his wife and children to be sad all their lives, especially he was a character and a and a half, to say the least, as most first responders are. megyn: as you are. >> well, thank you. you were terrific. gary's band was great, and that's what it is, it's a celebration of the sacrifice that was made, a celebration of their lives. and then not just remembering, because you have to remember, and we've got to make sure that we never forget, but you've got to be proactive. and you know the things that we're doing, the money that we're raising or going towards smart homes for these severely wounded soldiers. so you have to do something. you just can't say thing thingsu

have to go out and do something. and we have the fire department is so involved with our foundation. they do so much for us, and so much for our community. we have over 2500en volunteers that come together, and we're going to have 75 tower runs around the country to make sure we don't forget on or around 9/11. so it's all beautiful stuff in going forward, and we've got to make sure that we take care of our men and women in uniform that have been paying the big price since 9/11 -- of course, long before that, but most recently since 9/11 we've lost over 6,000 servicemen and women and 46,000 severely injured and wounded. and we've just got to make sure we take care of them coming back. our foundation and the gary sinise foundation have come together, and we are dedicating our lives toward this. megyn: you, you look after first responders and others, and the gary sinise foundation has been trying to do the same as well as looking after the military vets who have gone off to fight this war in the wake of what

happened. frank, i'd like to stand you by, if i could, as we watch them raise this column now atop this building. it will go on top of the 100th floor. the building will be 1271 feet high, the rooftop of the building, the same height at the original 1 world trade center. it'll be over 104 floors with the antenna, and that will officially make it the tallest building in if new york. let's watch. [background sounds]

[background sounds] [background sounds]

[background sounds] [background sounds] megyn: the total height of the structure is now a symbolic 1776 feet. the u.s. declaration of independence was signed in 1776. this is the official, officially the highest building in new york city, one of the world's tallest buildings.

they say it's a little like picking the heavy weight champion in boxing, there's often disagreement about who deserves the belt, but there is no disagreement about how new yorkers feel seeing the city rebuilt and move on after that fateful day. there's been a lot of controversy over what to do at the site, but that controversy is yesterday's story. today's story is the city rising together, rebuilding on hallowed ground. and as the 9/11 family members watch this, there is one thing in which they share, and that is their unity as americans and patriots and here in new york city as new yorkers. one of them is frank siller, he is still with us. frank, what do you think steven would think of this? >> he'd be happy to see that the steel going in there, seeing that number 1271 go in there. it's a significant day. he's proud of new york city, for sure. he's proud of america, but new york stood tall after 9/11, and with the help of americans all over and still standing tall.

greatest fire department in the world, paid a big price that day losing 343 firefighters in which steven was one of them. every one of us, every one of the firefighters, every family member wants to see it finished and to be a glowing beacon of the freedom that america represents, you know, the statue of liberty is one of them, but this building will be just as significant as far as the 9/11 family member is concerned. so it's a good day. it's emotional seeing it. i didn't think i was going to get so emotional. i see the steel,ers there. they were doing so much after 9/11, it was a great, sad time. it was the best time, if you know what i mean. it just brought everyone together. megyn: you can hear the applause on scene there, frank, as they feel the same pride we all do watching this happen. i want to tell our viewers it's not only, as we mentioned, the

first responders, the victims on 9/11, the first responders who ran into the scene, ran into the danger like stephen siller and the tunnel to towers run.org is a place that you can help those who made those sacrifices. we'll be right back. aspirin is just old school. people will have doubts about taking aspirin for pain. that's why we developed bayer advanced aspirin with micro particles. now we're challenging you to put it to the test. visit fastreliefchallenge.com today for a special trial offer.

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megyn: fox news alert, want to get right to the white house east room where we are about to see a joint news conference with president obama and japan's prime minister. let's watch and then listen for the q&a afterwards. >> also around the world. and, of course, one of the reasons that we enjoy such a strong alliance between our nations is because it's rooted in the deep friendship between our peoples. i felt it in my own life during my visit to japan including as a young boy, and we've seen that friendship on display very profoundly over the past year. last month we marked the first anniversary of the great east japan earth quick and tsunami

and nuclear crisis that followed. all across japan people stopped and stood in silence at 2:46 p.m., the moment that the earth shook. mr. prime minister, on behalf of the american people, i want to say to you and the people of japan, we continue to stand with you as well. we stand with japan in honoring the loss and the miss -- the lost and the missing. 19,000 men, women and children who will never be forgotten. we stand with you as you rebuild. what you, mr. prime minister, have called the rebirth of japan. and we stand with japan in the asia pacific and beyond because even as it has focused on the hard work at home, japan has never stopped leading in the world. it is a great tribute to the japanese people and to leaders like prime minister noda. i'm told that over the past year many japanese have found

strength in what they call the bonds of solidarity between friends and neighbors, bonds which cannot be broken. mr. prime minister, the same could be said of the bonds between the united states and japan, and today we welcome you in that spirit. as president, i've worked to strengthen the ties between our two nations since my first days in office, and when the prime minister and i first met last september, we agreed to modernize our alliance to meet the needs of the 21st century. mr. prime minister, i want to thank you for the personal commitment that you've brought to this effort. you've called the alliance with the united states japan's greatest asset. and in our work together we've seen your trademark determination and humility. in fact, during our discussions today the prime minister compared his leadership style to that of a point guard in basketball. he may not be the flashiest player, but he stays focused and gets the job done. he's brought that same sense of teamwork to our partnership, and it's helped make this visit a

milestone in the history of our alliance. i'm proud to announce that we have agreed to a new joint vision to guide our alliance and help shape the asia pacific for decades to come. this is part of the broader effort i discussed in australia last year in which the united states is once again leading in the asia pacific. first, we recognize that the u.s./japan alliance will remain the foundation of the security and prosperity of our two nations, but also a cornerstone of regional peace and security. as such, we reviewed the agreement that our governments reached last week to realign american forces in japan. this reflects our effort to modernize america's defense posture in the asia pacific with forces that are more broadly distributed, more flexible and more sustainable. at the same time, it will reduce the impact on local communities like okinawa. second, our joint vision commits us to deepening our trade and

investment. we're already among each other's top trading partners, and our exports to japan and japanese companies here in the u.s. support more than one million american jobs. but there's more we can do, especially as we work to double u.s. exports. so i appreciate the prime minister updating me on his reform efforts in japan, including liberalizing trade and playing a leading role in asia pacific's economy. we instructed our teams to continue our consultation regarding japan's interest in joining the trans-pacific partnership which would benefit both our economies and the region. and we agreed to deepen our cooperation on nuclear safety, clean energy and cybersecurity to enhance our economic competitiveness. third, our joint vision lays out the future we seek in the asia pacific, a region where international rules and norms are upheld, where nations contribute to regional security, where commerce and freedom of navigation is not impeded and where disputes are resolved

peacefully. as such, we continue our close consultations on the provocative actions of north korea which are a sign of weakness and not strength and only serve to deepen pyongyang's isolation. and we discussed the changes underway in burma and how our two nations can both reward progress there while encouraging more reforms that improve the lives of the burmese people. fourth, our joint vision reaffirms our role as global partners bound by shared values and committed to international peace, security and human rights. for example, our nations are the largest donors in afghanistan. we planned for the nato summit in chicago and the next phase of the transition in afghanistan, japan is planning for a donor conference to sustain development there. i also want to take this opportunity to commend the prime minister and japan for showing such strong leadership with regard to iran's nuclear program. the regime in tehran is now

feeling the economic screws tighten, and one of the reasons is that countries like japan made the decision to reduce oil imports from iran. this is just one more example of how despite challenging times at home, japan has continued to serve as a model and a true global leader. finally, our joint vision commits us to deepening the ties between our peoples. this includes new collaborations between our scientists, researchers and entrepreneurs to foster innovation, and it includes new exchanges that will bring thousands of your young people together, including high school students, to help japanese communities rebuild after last year's disasters. so again, mr. prime minister, thank you for helping to revitalize our extraordinary alliance so we enjoy even greater security and prosperity for both our countries. and i once again want to salute the people of japan for the strength and the resilience and the courage that they've shown during this past year. more than ever the american people are proud to call you a friend and honored to call you

an ally. and before i turn it over to the prime minister, i just want to warn the american press that the prime minister once considered himself a journalist, and instead he became a judo expert. he is a black belt -- [laughter] so if you get out of line, i've got some protection here. [laughter] mr. prime minister. >> translator: well, following the president, the point guard will take up the microphone. no, this is the first visit to the united states by a japanese prime minister in a bilateral context since the change of government took place in japan. i wish to thank president obama for the warm welcome and hospitality because i know how busy he is with official duties.

i had a very good discussion with the president today on bilateral relations between japan and the united states and various and global challenges among others. we were able to confirm from broader perspectives the present-day significance of the u.s./japan alliance and where relations should be head inside the longer term. -- headed in the longer term. the president just now spoke about u.s. support, and i would like to take this opportunity to say thank you for all the unsparing support given by government and people of the united states starting with the operation conducted by u.s. forces at the time of the great east japan earthquake of last year. yesterday i met with the family of taylor anderson who, unfortunately, passed away, but who took care of children until the very last moment following

the great east japan earthquake. i also met with representatives of the fairfax county search and rescue team who immediately following the earthquake deployed in the disaster-affected region to help the people. so i was able to meet myself with these true friends of japan. i have always held the conviction that our bilateral alliance is the linchpin of japan's diplomacy. having had conversations with my u.s. friends -- [speaking japanese]

[speaking japanese] >> translator: in other words, major opportunities and challenges exist side by side in the region. to cope with such conditions, we are determined as mapped out in the shared vision to realize the new u.s. forces plan in accordance with the consultant committee or two plus two joint

statement released the other day and to step up bilateral security and defense cooperation in a greater manner. we also need to work with regional partners to work a multilayered network that is open and comprehensive and built on international groups utilizing such frameworks as trilateral dialogues, east asia summit and apec. from this point of view, we shall also cooperate with china which is an important partner. it is also important that japan and the united states cooperate to promote necessary rules make anything the areas of -- making in the areas of nontraditional threats such as terrorism, proliferation of weapons of mass destruction and piracy as well as peace building, ocean, space and cyberspace. in the economic area, we shall deepen bilateral economic ties and fortify the growth and prosperity of the two countries through their promotion of

economic integration the in the asia-pacific region. and to this end both our countries will work on investment rules making with a view toward building free trade area of the asia pacific. from this vantage point as well, we shall advance consultations with review to participate anything the trans-pacific partnership negotiations. the common, the shared vision also calls for the strengthening of the energy corporation, and we discussed in our meeting today expanding lng exports from the united states to japan. last but not least, it is important to boost exchanges among next generation youth in the interest of the future of the japan/u.s. alliance, we'll further step up people-to-people exchanges among youth in such endeavors as japan's -- [inaudible] project and u.s. tome catch chi initiative. japan/u.s. alliance has reached

new heights. together with president obama i shall firmly advance these steps. i thank you. >> so we've got two questions on each side, we're going to start with laura mcginnis of reuters. >> thank you. president obama, could you confirm whether the blind chinese dissident is under u.s. protection in beijing? how do you perceive that situation being involved? would the united states grant him asylum if he asked for it? and, prime minister noda, how likely do you think it is that north korea will carry out a third nuclear test? how will japan respond to such a test, and what would you like the u.s. to do to respond? >> obviously, i'm aware of the press reports on the situation in china, but i'm not going to make a statement on the issue. what i would like to emphasize is that every time we meet with

china, the issue of human rights comes up. it is our belief that not only is that the right thing to do because it comports with our principles and our belief in freedom and human rights, but also because we actually think china will be stronger as it opens up and liberalizes its own system. we want china to be strong, and we want it to be prosperous. and we're very pleased with all the areas of cooperation that we've been able to engage in. but we also believe that that relationship will be that much stronger, and china will be that much more prosperous and strong as you see improvements on human rights issues in that country. i know it wasn't directed to me,

but i'll just make a quick statement around north korea. this was a topic of extensive discussion between myself and prime minister noda. our consultation throughout the failed missile launch was, i think, reflective of how important our alliance is not just to our two countries, but to the region as a whole. and what i've tried to do since i came into office to make sure that north koreans understand that the old pattern of provocation that then gets attention and somehow insists on the world purchasing good behavior from them, that that pattern is broken. and what we've said is that the more you engage in in provocative acts, the more isolated you will become. the stronger sanctions will be in place, the more isolated you will be diplomatically,

politically and commercially. and so although we can't anticipate and i don't want to hypothesize on what might happen in the coming months, i think pyongyang is very clear that the united states, japan, south korea, other countries in the region are unified in insisting that it abide by its responsibilities, abide by international norms and that they will not be able to purchase anything from further provocative acts. [speaking japanese] >> translator: with regard to north korea, between myself and president obama earlier we, with regard to this so-called launch of satellite, the missile launch, we shared the view that it undermines the efforts of the various countries concerned to achieve resolution through dialogue.

now in the latest round of missile launch they also conducted a nuclear test which means that there is a great possibility they will conduct a nuclear test, and be the international community as a whole together will need to call for restraint on the part of the dprk, and more specifically, i believe the methods incorporated in the recent chairman's statement need to be complied with and among japan, u.s. and korea as well as china and russia, we need to communicate with each other fully and, also, stress that china's role continues to be very important and cooperate with china while also maintaining close coordination with the united states, and we shared this view with president obama. and let me ask mr. imachi of tbs

from japan to ask a question. >> [speaking japanese] >> translator: i have a question for both president obama and prime minister noda. with regard to the context of this joint statement, although you do not refer specifically to your location and concern. [inaudible] u.s. forces japan realignment, it leaves this question open to some extent, and what do you think of the possibility that the air station, ultimately, will be relocated to a place other than that agreed upon by japan and the united states? now, it is most meaningful that in the two plus two joint statement as well as the summit meeting today that we were able to confirm that our two countries will cooperate in the

context of deepening bilateral alliance towards the realization of the optimum u.s. force posture in the region and the reduction of burden on okinawa, and we'll continue to work for an early resolution of this issue by taking into account the development of the -- [inaudible] >> as the prime minister just noted, the realignment approach that's being taken is consistent with the security interests of both japan and the united states. we think we've found an effective mechanism to move this process forward in a way that is respectful of the situation in okinawa, the views of residents there but also is able to on optimize the defense cooperation between our two countries and the alliance that's the linchpin not just of our own security,

but also security in the region as a whole. so we're confident that we can move forward with a, an approach that realigns our base posture or our deployments, but also is continuing to serve the broad-based interests of our alliance as a whole. and i want to thank publicly prime minister noda for having taken such a constructive approach to an issue that has been lingering in our bilateral relationship for quite some time. christy parson. >> thank you, mr. president. um, we're coming up on the one-year anniversary of the killing of bin laden. i wonder if you would share some thoughts on that an anniversary. and i also wanted to mention that your likely opponent says anybody would have made that call, even jimmy carter.

so i'm curious to see when you would say about that. and, mr. president, if i may on the same topic, you mentioned the international fight against terrorism in your opening remarks, and i wonder if you could reflect on president obama's record here and if you think from an international perspective the u.s. is playing it right in marking this anniversary or if you think you might advise against excessive celebration. >> well, let me make a couple of points. first of all, christy, i hardly think that you've seen any excessive celebration taking place here. i think that people, the american people rightly remember what we as a country accomplished in bringing to justice somebody who killed over 3,000 of our citizens.

and it's a mark of the excellence of our intelligence teams and our military teams, a political process that worked, and i think for us to use that time for some reflection, to to give thanks to those who participated is entirely appropriate, and that's what's been taking place. as far as my personal role and what other folks would do, i just recommend that everybody take a look at people's previous statements in terms of whether they thought it was appropriate to go into pakistan and take out bin laden. i assume that people meant what they said when they said it. that's been at least my practice. i said that i'd go after bin

laden if we had a clear shot at him, and i did. if there are others who have said one thing and now suggest they'd do something else, then i'd go ahead and let them explain it. [speaking japanese] >> translator: president obama has been standing at the very forefront in the fight against terrorism, and i hold him in very high regard for that. although bin laden has been killed, terrorism has not been rooted out. and i think continued efforts will be needed in cooperation with the united states we also would like to continue the efforts against terrorism. i think the forms of terrorism are becoming very diverse amongst them, cyber terrorism, for example.

the saboteur in the space and ocean -- [inaudible] also decided to cooperate in cybersecurity as well. so inclusive all of these, japan and the united states shall work together to root out terrorism of all sorts. let me call on -- [inaudible] [speaking japanese] >> translator: i'd like to ask a question for president obama and prime minister noda. there's no direct reference to china in this joint statement. what sort of exchange, views did you have on china in the context of working for stability in the asia pacific connected with their advances in the oceans and also their military buildup? i wonder what sort of interlocution you had on the summit.

subject. >> [speaking japanese] >> translator: let me answer first. as you pointed out, the shared vision does not refer to any specific country, but we recognize china as a major partner the region and in our exchange of views both of us, in fact, confirmed that viewpoint be. china's development is an opportunity for the international community, for japan and for the asia pacific. now, i explained in the meeting to president obama that when i visited china last december, i broached to chinese leaders in my six-point initiative including considered building and cooperation in the east china sea in order to advance our relationship based on common strategic interests and i'll work to steadily implement this. i also told the president that i wish to realize the strategic

dialogue among japan, u.s. and china. now, the eas last year was a view that was a success. and, of course, we need to seek a rules-based response or behavior from the chinese, and we had these exchange of views. >> i think that i've said in the past and firmly believe that we welcome a peacefully-rising china, and we have developed a very important strategic and economic dialogue with china. we think what they've accomplished in terms of lifting millions of people out of poverty is good for its own sake, and it's also potentially food for the world and -- good for the world and good for the region. as prime minister noda and i

noted, we do believe that as china continues to grow, as its influence continues to expand that it has to be a strong partner in abiding by international rules and norm bees. norms. whether those are economic norms like respecting intellectual property, whether these are norms of dispute resolution so in maritime disputes insuring that small countries and large countries are both respected in international fora in resolving these issues, that across the board we want china to be a partner with us in a set of international rules and norms that everybody follows. and i think as china makes that transition from a developing country into a major power, that

it will see over the long term it is in its interests as well to abide by these rules and norms. and so all of our actions are not designed to in any way contain china, but they are designed to insure that they are part of a broader international community in which rules, norms are respected, in which all countries can prosper and succeed. okay. thank you very much, everybody. megyn: well, the president and the japanese prime minister covering a lot of ground there, and the president making a considerable amount of news there on the subject of north korea, iran, as for this chinese dissident, our viewers may or may not have been following that. there is a chinese dissident who is trying to seek asylum. he's a blind chinese legal activist who is trying to seek asylum inside of china. he's gone to the u.s. embassy there, and the secretary of

state, hillary clinton, will go there later this week. the president declining to comment on that particular situation. but saying every time we meet with china, the issue of human rights comes up and that they want china to be strong and process -- prosperous. but then the president going on to talk about usama bin laden's death. this has been in the news lately for obvious reasons, tomorrow is the one-year anniversary of his execution, and the president's re-election team has come out with an ad targeting mitt romney and suggesting that he would not have given the same order that president obama gave to go in and take out bin laden. that made a lot of news this weekend, and you could hear that it was one of the two questions -- you only get two questions of each leader -- that the reporters on scene today brought up with president obama. the president saying, first of all, he hardly thinks that there's been excessive celebration of bin laden's death, that americans should use the time for reflection and to

give thanks for those who participated in that raid. and regarding what appeared to be a reference to the president's campaign ad, he said he believes that to see what folks would do, you look at their previous actions and statements regarding how they feel. for example, about going into pakistan. that seems to be a clear reference to something mitt romney said when he was running for president back in 2008. we're going to talk about all of that now with a former u.s. ambassador to the united nations, fox news contributor john bolton. ambassador, i want to pick be up with you on that last point because mitt romney said back in 2008 when he was running for president, he criticized then-candidate obama's statements that he would go into pakistan if necessary to strike inside of pakistan to take out bin laden. and he said on august 3, 2007, i do not concur in the words of barack obama in a plan to enter

an ally of ours. i don't think those kind of comments help draw more friends to our effort. he was asked about that comment two days later in a debate and told george stephanopoulos it is wrong for a person running -- the president of the united states to go on tv and say we're going to come into your country unilaterally. of course, america maintains our option to do whatever we think is in the best interests of america, but we don't go out and say, ladies and gentlemen, of germany, if there's ever a problem in your country and we didn't think you were doing the right thing, we reserve the right to come in and get them out. put it into perspective for us, ambassador. >> well, i think in the context of a presidential campaign, obviously, there's a lot that goes on. the full context of governor romney's statement made it clear there was no lack of enthusiasm for going after obama. and, indeed, i think the obama campaign ad that discusses that really is kind of out of line. i was even more struck though here by the nature of the

question and the opportunity it gave president obama which he took to make a political point in the middle of a bilateral press conference with the japanese prime minister. who was the second american who asked the question? i thought you had to be a reporter, not members of the white house staff. i just found that amazing. megyn: you think that was, the president missed an opportunity to take the high road there? >> to say the least. he was given a softball. i actually thought prime minister noda's answer on the terrorism point was right on target. he said the death of bin laden does not end the threat of terrorism, which is the white house narrative. the threat of terrorism continues and is, indeed, even expanding as the prime minister pointed out now to include cyber terrorism, a whole new realm of threats to the united states and our other friends and allies around the world. megyn: the reporter seemed to be looking for a response to a comment mitt romney made earlier today where he was asked in the wake of the president's re-election ad whether he would

have taken the same actions in taking out bin laden, and he said of course he would have, and he said, quote, even jimmy carter would have given that order. that seemed to be what she was referring to. i want to talk about some of the other news they made today, particularly on the issue of north korea where president obama said, you know, i've tried to make sure that pattern is broken, of the world purchasing good behavior from them saying we can't anticipate what their going to do in coming months, but the region around them is unified in making sure that north korea is contained. your thoughts. >> well, obviously, it's not unified. we have defense secretary panetta saying just a few days ago that it looked like china had provided that carrier for the missile, fake or not, that they had in their recent parade in pyongyang which shows that china's hardly coming up to speed on the sanctions against north korea. and, indeed, president obama himself as recently as february the 29th had his administration

agree to a deal with north korea that did precisely what he said they weren't doing. and the north koreans then violated it by that missile launch, fortunately, one that failed. you know, the best thing you can say about the obama administration in north korea is it hasn't been making unnecessary concessions. but that's not the same thing as really dealing with the continuing threat of north korea's nuclear weapons. not only in northeast asia, but the global threat that the nuclear program and the ballistic missile program oppose in the middle east given their cooperation with iran over the years. so i don't really think there's much to say there. i think if japanese prime minister had been, had had greater opportunity to opine on that subject in a political context in japan, you would have heard a lot more concern about the continuation of the north korean threat, especially as it applies to japan which is, obviously, much closer to north korea. megyn: a lot of news made there today. ambassador john john bolton,

thank you so much for your response. we appreciate it. >> thank you. megyn: coming up, a bizarre case underway in florida right now. the judge in the john goodman case hauling the jury back into court after their verdict and questioning them. we'll take you there live. st ma. ...the united states would be on that list. in 25th place. let's raise academic standards across the nation. let's get back to the head of the class. let's solve this. constipated? phillipscaplets use magnesiu an ingredient that rks more naturally with your colon than stulant laxatives, phillipscaplets use magnesiu for effective relie of constation without cramps. thanks. good morning, students. today we're gonna continue...

megyn: fox news alert as a judge asks some new questions in the conviction of polo tycoon john goodman, and this time it is the jurors who are getting grilled. this is extraordinary. over claims that at least one of them might have led to a tainted verdict, that's what the defense claims, in goodman's case and conviction. trace gallagher following this from our west coast newsroom. trace, what's happening? >> reporter: well, the big story in court right now is it just ended, megyn, but the judge was asking these jurors a couple of questions. one, they were talking about did you talk about john goodman's

wealth during deliberations, and, two, were you bullied by other jurors before you came to your decision? remember, one juror admitted that he was gown to write a book about that -- going to write a book about that. the judge asked him did your hope to write a book influence your decision at all? you talked about roy black. roy black wanted that man right there to be taken off the case because the judge didn't disclose that some of these jurors after the conviction of john goodman notified him saying they were talking about goodman's wealth during deliberations. and that some of the jurors bullied some of the other jurors during deliberations. they wanted him to recuse himself. the judge said, no, he's not going to do that. roy black then filed an appeal, the appeal on that should be in sometime in the next couple of days, the decision by the appeals court. but the judge didn't wait. he decided to question those jurors anyway today about whether or not they talked about mainly the wealth of that man, john goodman, during

deliberations and if that had any effect on the outcome of the case at all, megyn. but the court is done for the day, and the next step is we're waiting for the appeal on whether the judge stays on or goes off. we should also note that the defense is also hoping to get john goodman bond because they're asking for a new trial because they believe this judge was not impartial. megyn: yeah. judge has already denied that motion, but they're taking another crack at it. trace, thank you. >> reporter: okay. megyn: coming up, a bombshell in the john edwards' trial, what sherry young says happened when she questioned the effort to hide edwards' affair from the public. ♪

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