right now. we'll see you back here tomorr tomorrow. jon: emotional testimony in the trial of john edwards an aide to the former presidential candidate talking about money change hands and a bizarre account of edwards mistress and her reaction to a ruben sandwich. live at the courthouse. >> reporter: it was four years ago that president obama campaigned for the middle class. has mr. obama delivered? what will it mean for the middle class vote johnston on this day last year navy seals took out osama bin laden. there are still big questions about the state of al-qaida today and whether we are any safer than we were one year ago. it's all "happening now." >> reporter: happening right now there is high drama in the federal corruption case against former presidential candidate john edwards again, another day

after yesterday. boy there was an emotional break down on the stand, plenty of tears. the wife of edwards former campaign aide actually is back on the stand today. hi, everybody, i'm jaime colby in for jenna lee, great to be with you again, jon. jon: good to be back with you. i'm jon scott. the defense cross-examining cheri young, wife of andrew young. she testified she was wary about the cash arrangements that edwards claimed was legal. as you might remember the former presidential candidate is accused of using nearly a million dollars in campaign money to hide an affair and love child he had with his mistress, reille hunter. hunter had a spiritual adviser that cost more than $8,000. she recounts an incident in which hunter called the adviser to discuss a sandwich that was not made as she had ordered it. jonathan serrie live outside the courthouse in greensboro, north carolina. so how does cheri young's

testimony about all this fit into the case? >> reporter: well, the defense has been trying to portray her husband, andrew young, as someone who profited off of edward affair, but cheri is able to speak about the sacrifices that her family went through to keep the politician's pregnant mistress in hiding. she describes reille hunter as high maintenance and demanding, and she and her husband were pretty much left to deal with her on her own especially after hunter gave birth to her child. in court yesterday mrs. young said quote, this was a huge, huge source of the problem, because after the baby was born mr. edwards stopped calling. now jon, we anticipate that the defense may get an opportunity to cross-examine her later on today, but this morning the prosecution was continuing with their direct examination, because it was delayed somewhat yesterday when cheri young complained of a migraine. the judge dismissed the court

around 3:30 yesterday afternoon so mrs. young could go home and take medication and resume her testimony today, jon. jon: here is the part of this case that i have been wondering about, because andrew young originally claimed he was the father of reille hunter's baby. what did his wife say about that on the stand? >> reporter: yeah, cheri young said she hated the idea and she says that the idea was john edwards'. she claims that she found out about it when she was waiting in a mcdonald's drive through and it prompted an argument with her husband. she says she reluctantly agreed to the plan, though, after a conference call, in which edwards explained why his presidency would be good for america. in court she described the conversation she had with her husband after the call, quote, i told him that i feel like everything had been dumped in my lap, that everyone else was on board with me. i -- everyone was on board but me. i didn't want the responsibility of knowing that because i wasn't on board, because i didn't want

to try it, the campaign would explode and i'd have to live with that. jon. jon: unbelievable. what pressure on a single woman. wow. jonathan serrie, thank you. >> reporter: more on the case later. also, it was a daring mission one year ago that eliminated the world's most wanted man, osama bin laden. navy seals, you remember, swooping in by helicopter to a safe house in pakistan. then the news of the al-qaida leader's death. nearly ten years after september 11th it brought great relief around the globe. but are we really safer one year later? chief intelligence correspondent catherine herridge taking a look at that live in our d.c. bureau. good morning, catherine. >> reporter: the top terrorism adviser at the white house said laud hraeusd dead osama bin laden is dead, core al-qaida has decreased. as the core faulters it continues to look to affiliates

and adhere and thes to carry on its murder just call. >> reporter: the march shooting in france where a lone gunman inspired by radical islam killed is seen for a template for future attacks. it was not directed by al-qaida but the individual espoused the same radical ideology. >> future attacks against the homeland will be less well organized, less complex, less likely to success, less lethal if they do success. i fear, though, there will be more numbers. >> reporter: the number one counterterrorism threat is seen as the lone wolf and not a mass attack by chemical, biological or radiological weapons. >> reporter: a lot of eyes on pakistan, what is going on the sanctuaries and safe-havens ph how many al-qaida members are left there? we know in afghanistan it is less than a hundred. >> reporter: senior u.s. intelligence officials told reporters that the al-qaida members in pakistan number in the low hundreds, but in yemen

the group now numbers several thousand members. and this is the most notable shift in the last year, that's been the growing strength of al-qaida in yemen, also growth in the affiliate in somalia, north africa and nigeria. this has been described as an arc of instability that stretches from west africa to the arabian pennsylvania in the east. >> to say that the war on terror is over? no. what we get concerned about is their ferocious appetite for finding new ways to promote violence and terror around the world. >> reporter: al-qaida in yemen and al-qaida in north africa have rile been able to leverage the arab spring according to these officials who say that these groups really are poised to gain more strength if these newly installed governments as a result of the arab spring are really not able to deliver on their promises of reform, jaime. >> reporter: we are not sure we can even count on pakistan for that. i in you'll be keeping an eye on the trial going on in new york right now.

>> reporter: i will. >> reporter: for us as well where they've recuted americans, u.s. passport folks that want to go over and train to come back here and hurt us. keep us all posted. thanks, catherine very much. jon. jon: remember four years ago, candidate barack obama promised to boost the middle class, he railed against president bush for falling incomes under his watch as a financial crisis was beginning to take hold across the country. now bloomberg is reporting the obama administration has not been able to stop the slide. the middle class continues to erode in this country. bloomberg reporter mike downing rights, the rebound from the worst recession since the 1930s has generated relatively few of the moderately skilled jobs that once supported the middle class, tightening the financial squeeze on many americans, even those who are employed. so what does all this mean for the middle class vote come november? with us now chef political

corina villaraigosa respond don't for thpolitical correspondent, byron skwroerbg. he is also a fox news contributor. they have not stopped the slide in terms of middle class people? >> not at all, john. you remember in the campaign, president obama, then senator obama was talking about how middle class incomes had fallen $2,000 under president bush. they've fallen $4,300 in the obama years and $2,900 if you only count since the recovery began in mid 2009. so if president obama's point was that under his administration middle class incomes would go up, it hasn't happened. jon: well, is there a definition of middle class? what are we talking about here? >> we are talking about the middle 60% of income, people who make up to about a hundred thousand dollars. and the problem for the president in this recession is, so many of the job losses were

focused in the middle income areas. they really got whacked in this great recession, and in the recovery a lot of the job increases have been in high skill, high paying positions or in the lowest paying industries. i think the bloomberg article makes that pretty clear. and so you have this group in the middle that got hit hard by the recession and has not really taken advantage of the recovery. those are going to be a lot of the independent voters that mitt romney and president obama are going to be trying to target in the campaign. jon: places leak detroit and the automotive industry, the president has been bragging lately about having saved gm but a lot of those jobs in production of automobiles and things like that, those have just gone away. >> they have. of course that is a special industry in which there was actually a bailout. for so much more of the middle class there was never any bailout at all. what you'll hear republicans say, mitt romney say in 2009 we know that barack obama inherited

a terrible economy, no doubt about that. in 2009 when americans were desperate for the president to devote all his time to creating jobs, to fixing the economy, he instead devoted an enormous amount of time to far reaching healthcare reform that turned out -- it barely paesd, but i passed, but it turned out to be expensive, intrusive, who knows it might be unconstitutional as well we'll find out about that this summer from the supreme court. you're going to hear the case over and over from republicans that when americans were desperate for work on the economy president obama was doing something else. jon: byron york from the washington examiner. thanks. >> reporter: the state of al-qaida, we'll take an in-depth look at where we are in dismantling the terror organization one year after the death of osama bin laden. jon: last month's deadly wildfire in colorado, it was caused by a state-ordered burn. now some of the victims are fighting for more compensation from the state. whether they get it?

rick folbaum has the latest on that. >> reporter: why some lawmakers say tens of thousands of jobs depend on a federal tax credit that faces huge opposition. why? we'll have a live report, it's next.

jamie: there is a battle going on over alternative energy and it's heating up right now. there is a group of lawmakers warning of layoffs, a lot of them, if their states and congress fail to extend the federal tax break for wind energy producers. you know those windmills? jon said he saw a bunch in pennsylvania. but they may go away. critics say the tax break supports projects of questionable value. let's ask, alicia acuna, live in denver with more? >> reporter: hi, jamie.

the american wind association says 37,000 u.s. jobs could be lost in congress fails to extend the wind production tax credit. it has a lot of bipartisan support and there is lot of opposition. it is set to expire by end of the this year. >> not a philosophical discussion about green energy. this is about jobs in colorado and across the country we may lose forever if we don't get this passed. >> this is --. >> reporter: u.s. senator, u.s. senator, michael bennet says his state and others in the wind supply chain can't afford to let congress delay legislation, warning companies won't plan for new projects without certainty. >> our businesses need predictability. they need to know who they are going to be able to he will ploy. >> reporter: the credit helps developers of wind farms companies like vestas which funds research in colorado. they indicate layoffs could become reality without the credit. >> wind is free. a commodity that will never

run out of. >> that is really not fair. >> reporter: critic's included colorado's own congressman doug lamborn, say it is time for wind to support itself. >> we shouldn't give handouts to certain sectors because government distorts the marketplace. >> reporter: he says the manufacturing jobs are too dependent on help from washington on a projected cost 2 to 4 billion every year. >> it could go away at any time. i favor jobs permanent, stage and long-lasting because they're based on the free market. >> reporter: senator bennett offered an amendment with a plan he says is paid for. jamie, there are bills in the house and senate but both are moving slowly. >> a lot of people looking at that investment and jobs. thanks alicia. jon: high drama in the case against former senator and presidential candidate john edwards. what we're learning about his alleged mistress and how it could affect his chances of acquittal. our panel debates.

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jon: high emotions in the courtroom. the federal corruption trial against john edwards, former senator and presidential candidate now underway. cheri young, the wife of his former aide, is facing more tough questions about her alleged role in covering up the affair edwards had with campaign filmmaker rielle hunter. lis wiehl is a fox news legal analyst. doug burns, former prosecutor and criminal defense attorney. lis, i want to start with you first because from the beginning i have wondered about her testimony. this is a woman who had to watch her husband claim credit for fathering a child out of wedlock when

apparently all of them knew that the child really belonged to john edwards. this poor woman, has to watch her husband take the blame or the credit however you want to put it. >> right. it was all a fabrication according to her. when you look at witnesses in the courtroom you have to look at their testimony. does it ring true? and cheri young's testimony rings so true. the reuben sapped which of, all things she is talking about. new details you who the money was transferred to one place or the other. you can't roll over one day and figure that out as a lie. to tell it over and over again i think it resonates with jury. jon: she apparently, doug, was responsible, she was asked to, endorse some of these checks, using her maiden name, checks from wealthy donors. use her maiden name. deposit them into an account so they can be swept into the campaign account for rielle hunter. >> jon, no question all kinds of steps were taken to hide this the only legal question will be as i said

earlier, were these campaign contributions or were fred baron and bunny mellon providing private gift, you know, to cover up all these nefarious, the affair and child and not wreck his campaign? i think it's a very close case. but i want to make one other point which is when andrew young's wife testified she also said john edwards said he checked with campaign lawyers. i don't know whether that is true or not but it does raise a question, maybe lis, advice of counsel. theoretically. >> they also said they believed john edwards because john edwards is a lawyer, okay? neither of them are lawyers. they believed him. he said as a lawyer i'm telling you this isn't illegal. >> lis, he said he checked with other lawyers. i think that is huge distinction. in other words if the defendant says it i agree with you 100%, he is bad and he is covering things up. he said he checked with campaign lawyers, i doubt by the way my own view that is true. >> he said it was his

opinion as a lawyer, john edwards as a lawyer. >> all right. jon: it has been said that it's been difficult to tell in the courtroom who is on trial here. is it john edwards or cheri young's husband, andrew, the guy who tried to cover up for edwards and then eventually wrote a tell-all book about the whole experience. >> jon, you know very well when you're a criminal you don't consort with choir boys. jon: i know we develop when i'm a criminal? >> i didn't mean it that way. jon: thank you. thank you. >> you know about criminals. jon: i'm sorry, go ahead. when you're a criminal, what? >> you do not resort with choir boys. you consort with other criminals. yes, will find someone doing his bidding. >> jon, you gave a very subliminal point. they gave him immunity. jury may say wait, he is right in the epicenter of everything. why are they giving him immunity to real in the big fish? jon: what about her admission she signed the checks because she was told

to. is there any possible legal trouble for her out of all this. >> possibly. she will rely on the fact that john edwards told her it was legal and he was a lawyer. i don't think that is what the government is looking at. doug is right, this is tough case for the prosecution to prove. i think they're getting there. both youngs are coming into the picture showing exactly what happened. jon: apparently, doug, at some point her husband tells her look, john edwards got this woman pregnant and they want me to take the fall for it. she says she felt like the entire campaign rested on her shoulders. that she had to go along with this thing. >> right. jon: this crazy scheme. >> jon, there is no question she is a sympathetic figure in terms of her testimony. it is like, wait a minute. this has to do with the edwards campaign. all of sudden these were her exact words. you're dumping everything into my lap? i don't see her anything as essentially sympathetic. >> right. jon: it was thought to be so sort of a touch-and-go case for prosecutors at the

beginning but sound you two think they might something? >> it is a close case, lis wiehl, doug burns. thank you. jamie: if he is he has his attorney right here. it is so hard to believe it has been one year since our brave navy seals took out the world's most wanted terrorist. our hats off to them. what does the death of usama bin laden mean for the state of al qaeda and our security here at home? we'll take a much closer look at that. president obama getting some major blow back using the bin laden killing as a campaign weapon. it is not just coming from republicans. details in a live report straight ahead for you. stay right there. this is $100,000.

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jamie: this fox news alert. a bank robbery in dallas. rick folbaum with the details from our breaking news desk. rick? >> reporter: we're following the story down here in the newsroom where details are just trickling in. we're hearing reports of a comerica bank in downtown dallas being robbed by a man wielding a machete. these reports are just coming in. he apparently went up to the drive-through teller and threatened her. made off with unknown amount of cash and ran away on foot. the reason why these helicopter pictures are focused on these buildings that you see, this is sort of a housing complex near the bank, this is the area where the man ran off to. so he is on foot and police

are looking for him right now within this complex. he is described as a black man, six foot, 200 pound, wearing a green and blue plaid shirt and blue jeans as well. again these live pictures coming in as police are searching for this man is apparently robbed a bank with a machete. as we get more information, james,we'll pass it along. jamie: rick, thanks very much. jon? jon: we've seen republicans accuse the president of politicizing the killing of usama bin laden but now even some high-profile democrats and left-leaning media outlets are expressing outrage as well. railing against a new campaign ad questioning whether mitt romney would have ordered the raid that killed the al qaeda leader. with us chief white house correspondent ed henry. what is the president saying about all this, ed? how is he defending it? >> reporter: well he is certainly saying and he did at a news conference yesterday he does not think this is being politicized or that the white house has

gone overboard. as you mentioned the campaign video released on friday, remember has former president bill clinton in there touting president obama's role in the killing of usama bin laden, making a gutsy call on that since not all of his national security team agreed with whether or not they should move forward. a lot of risk there obviously. but as you mention the real controversy the fact that the ad goes on to suggest that mitt romney would not have pulled the trigger. that he had, based on previous statements in the '08 campaign suggested he would not hit al qaeda targets inside pakistan. that led arianna huffington who runs the liberal "huffington post" say this is one of the most despicable things she's seen in terms how the ad portrayed that but yesterday the president insisted otherwise. >> i hardly think 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. >> reporter: part of the reason why the president is getting some heat now shortly after bin laden's killing he told cbs news it was not a time to spike the ball in the end zone. now if he is not doing that he at least maybe dancing the inened sown a little bit, jon. jon: i guess mitt romney weighed in yesterday as well? not do pleased by all this. >> reporter: he fired back basically saying he would have ordered the go signal in terms of this raid of the bin laden compound and had a shot of his own saying in his words, even jimmy carter would have moved forward with that mission. a lot of democrats not too pleased with that, taking kind of a what democrats see as a cheap shot at jimmy carter. of course he has a reputation for when he was in office maybe being weak on national security. so democrats feeling that mitt romney is picking on him but john mccain, a surrogate for mitt romney,

obviously endorsed him long ago was on with "the o'reilly factor" last night. he was blistering in terms of how he thinks the president is politicizing this. take a listen. >> all i can say this will be a very rough campaign and i've had the great honor serving in the company of heroes. you know the thing about heroes? they don't brag. >> reporter: democrats pointing out if you go back to the 2008 campaign, john mccain is now taking shots at the president, he also took some shots back in the '08 campaign about mitt romney and whether or not he would be a good commander-in-chief. that was then. this is now, jon. jon: heroes don't brag. ed henry at the white house. thank you. jamie: they might not brag. moms and dads have a tough choice. it is an age-old problem for both of them. do you give your baby a pacifier? there is a new study that could change your mind. we'll sort through the details with a doctor on that coming up. plus there's a new fight brewing in colorado. a state-prescribed controlled burn turns out when this terribly wrong.

some lawmakers there are not on board though when it comes to compensating the victims of this massive wildfire. the latest details next.

jamie: it's one year after the death of usama bin laden and many policymakers and pundits the like think al qaeda is near collapse. with rise of so many splinter groups like al qaeda in yemen and so-called lone wolf terrorists what is the state of our security here at home? seth jones is here, former advisor to the special operations commander in afghanistan. he is also the author of, the hunting in the shadows, pursuit of al qaeda since 9/11. great to have you here especially today. >> great to be on, jamie. jamie: what is the report on al qaeda? we know they're pretty much out of afghanistan. i wonlter how many are in pakistan. but most importantly, how many are here? >> well there appear to be

few actual plotters in the united states. the biggest concern is individuals coming from yemen and potentially from somalia into the united states and recruiting in cities like phoenix and minneapolis. jamie: for u.s. passport-carrying american citizens to go for training to come back, similar to what we're seeing in this trial, this bombing trial in new york city right now? >> yeah, that's exactly what we're concerned. or, the additional component is individuals who have visa waiver access to the united states because they're say british citizens, radicalized and can come in here without a visa. jamie: is al qaeda looking to the taliban to recruit within the taliban and bolster their efforts of terror by getting folks that are already hate america? >> well, i think what we've seen over the last several years, including with some of the bin laden documents is a relationship between al qaeda, the taliban and other afghan insurgent groups. which makes me a little concerned if we pull out too fast from afghanistan which the ad men station is trying

to do we -- administration is trying to we may undermine our own security. jamie: there are generals on the ground that share that concern of yours. >> they should. jamie: do you think the president will change his policy? >> it is unclear right now. i would say the documents being released do put together a very concerning picture of al qaeda's relationship with afghan groups. jamie: for those folks have haven't been following it we'll get some the documents that the navy s.e.a.l.s seized in the raid in at bottom at that baud, what do you think we won't see? >> what appears to be clear there are a lot of documents. tens of thousands of pages. i think the question is, if the government is going to release some of them, what is the criteria for releasing these and not others? are there, for example, indications of a close al qaeda relationship with the taliban as we're negotiating with them? that would be very interesting to see if that's the case in the documents. jamie: i asked you a very interesting question at

least to me before we started and i was really surprised by your answer. i asked seth whether or not we still derive valuable intelligence from those held at guantanamo bay? you would think they have been there for years. what would they know about what was going on overseas. and your answer? >> they could be absolutely useful. they can be useful because one can throw names at them, tactics, techniques and have them respond. khalid sheikh mohammed was useful in the targeting of bin laden a year ago. names we threw in front of him and he could respond to. yes, this person definitely knows bin laden. jamie: that is fascinating. seth, great to meet you. i will read the book immediately. a lot to learn from this 10-year experience of the killing of bin laden thank you. >> thanks, jamie. jamie: jon. jon: hard to believe it was a year ago today. a biter political battle underway in wisconsin. the state's lieutenant governor is the first in the country ever to face a recall election. rebecca clay fish finding herself in brutal fight

because of governor scott walker and his moves to restrict collective bargaining. mike tobin has a one-on-one in the recall race. who is she, mike? >> she hold as few titles mother, cancer survivor. she has the first title of first lieutenant governor ever to be recalled. she knows it is not about her. because she supported governor scott walker and policies that took the union clout. >> they are using the recall function of our state constitution as a weapon, a weapon to seek revenge, political when a big money interest doesn't get what they want they learned they can use the recall to exact revenge. >> reporter: the way the law is written, governor and lieutenant governor are

erecalled separately. fund-raising numbers came out today. the overall trend that we're seeing republicans are outpacing democratic rivals in terms of raising money here, jon. jon: i think of wisconsin as sort of genteel, mild mannered midwestern, upper midwestern state but the politics there has really gotten pretty nasty and she has not been spared, has she. >> she has not been spared. when critics come at her it is personal directed at her husband and kids. earlier in this process we heard left-wing radio come at her in a manner much more vulgar than we heard male politicians mocked. >> rebecca kleefisch. i performed fellatio on all the talk show hosts in milwaukee and they endorsed me and that's how i became lieutenant governor. >> i had heard one point rebecca kleefisch pull ad train but that must have been a different story i was reading about. >> reporter: her lead

democratic opponents says that dialogue has no place in civil discourse. the head of the firefighters union is running and one of his primary campaign points is healing this bitter partisan rift in wisconsin, jon. jon: wow, that is awful in a word. mike tobin there in wisconsin. mike, thank you. >> reporter: got it. jamie: let's transition to some news we can use. a new danger for prergnant women. we wanted to tell you about that there has been a study that even exposure to very low levels of common pesticides may pose a risk to your baby's brain development. researchers linking it to even lower intelligence in children. dr. cathleen london is familily practice physician and assistant professor at wild cornell college. >> thank you for having me. jamie: this a small study, but a small amount of pesticide that actually affected these children is troubling. what do you want expectant parents to know? >> what was concerning about this, that exactly it was

low levels of exposure, not what we would call a toxic exposure. now these were done prior to 2001 when this particular pesticide was banned for household use but still used in open spaces and in farming and in agriculture around the world and it is one of the organo phosphates which is a whole class of pesticides that are concerning. what they saw there were changes in brain development. they used mri to look at these children now who are school age and they saw differences in areas that are related to attention, to iq, to emotion, even some areas that have to do with male, female differentiation. this is very concerning when we look at we have increase in pervasive developmental delay, increase in add. is this one of the reasons? i'm sure it is multifactorial. what this says to me is absolutely wash your fruits and vegetables. make sure you get any pesticides are he is dues

off. when you can buy organic and make sure you're not consuming more pesticides. we don't know where it has been. when you're out in the park or anywhere else, wash your hands and wash your face off. jamie: i want to jump in with another question because a larger study came out today talks about babies that are born with addiction, number of babies one an hour. one an hour. >> it is really disturbing plus the withdrawal symptoms. many, many babies are having to deal with that we can only imagine how awful it must be. why is this happening and what warning do you want to give to expectant moms or even dads that are considering using drugs? >> so part of this is prescription medications. we do treat pain in pregnancy but that doesn't give you a free reign to stay on pain medication. it only takes two weeks to become addicted. what they saw in this study, yes, is one an hour, 78% of these babies were born to mother who is are on

medicaid. so this is costing, it is a huge public health problem. these babies average about $70,000 just in the neonatal period from withdrawal symptoms and care that they need. what this says is that we need to make sure that women have access to care for addiction. so laws being passed in states like alabama that were meant to protect children but have been used to prosecute women who tested positive for drugs during pregnancy, that simply discourages women from getting care for both pregnancies and their addictions. it also means we really need to make sure this medicaid pool has access to family planning services. jamie: sure. and address the issue of addiction. i have to leave it there but i saw this study this morning and i really appreciate you came in to discuss it with us. take note. it is a serious matter. >> it is. thanks for having me. jamie: nice to see you. jon. jon: some brand new developments in the hunt for little is is a bell. what tucson police say they have learned about surveillance video of potential eyewitnesses.

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jon: there are some new developments to bring you regarding that deadly wildfire in colorado. you remember that? rick is live with the latest, rick? >> reporter: this is a fire last month of the just to remind folks of the loss, three people dead, two dozen homes destroyed. $11 million in property damages overall, jon. and as you remember, this fire is what is known as a controlled burn. a fire that state officials purposely set to try to prevent worse fires from breaking out during the upcoming summer months. so a lot of emotion as state lawmakers consider a bill that would compensate those who lost their homes or their loved ones. >> the people up there on the mountain, they were my parents.

i say good-bye to my parents by kissing their 20 gauge steel casket. what i really hope is the next bolder that rolls down on a bus, the next wildfire that happens, there's not someone like me sitting in this chair. >> we take the risk of the natural acts of god living up there. we know that. what i have a problem with is when it's not an act of god and the people that we trusted and we count on will not step up. >> reporter: that was testimony at a hearing yesterday at the capitol. there is a bill moving through the state government in colorado that would allow lawmakers to step up to investigate the fire, to provide money for those affected but not everybody is on board. some lawmakers complain setting up the fund set as dangerous precedent. others say that there's the plan to pay for the fund, there is no plan to pay for the fund with cuts to other

programs. there are also lawmakers who say it is not good idea to give elected official the ability to hand out money during an election year. the bill passed that committee vote yesterday. still needs to be voted on by the entire colorado statehouse of representatives. we'll keep you posted on that vote. jon: wow, what a case, rick. thank you. for more on what the state of colorado is talking about doing here, let's bring back lis wiehl, our fox news legal analyst. doug burns a former federal prosecutor. state agencies set the fire. state agencies ultimately is responsible for causing this mayhem, lis. >> yes. jon: but you had is the state pay? >> i think so, jon because it was so clearly negligent here.]&2buçñe it is tort liability here. what they did was so beyond the pale, so negligent, to not even considering what could happen to, taking that out of people's, you know, fact-finding provisions and just doing that, no. people died, homes were lost. they will pay and pay big, jon. jon: all right.

doug, what about the precedent? there are concerns if the state shells out some money this time the next time this happens, or, you know, something similar happens, the state is going to be on the hook? >> no, i think that's right. they may fight it on a couple of legal fronts theoretically. lis is right. they owe obviously being a duty not being negligent and owe that duty to the citizens. then there is another additional step, what they did specifically caused the damage. most people would say it did obviously but there could have been some intervening factors. you're making a very good point, jon, they will defend it as vigorously as legally possible so there isn't some wide-scoping precedent in the future. jon: lis, you say the state is culpable here but really from the description i read what started this thing, they started this controlled burn. they dealt with it for five days. they thought it was out. and then all of sudden, i mean from nowhere, wind kicks up embers and launch this is bigger fire.

>> except, jon, when you take that responsibility on. this is not an act of god. when you take responsibility of a man-made disaster, you don't make sure embers are out, no that is negligent per se absolutely. if you're, one mile, you have to go 100 miles. jon: doug, what about things like insurance companies? yes, a number of people lost their hose. does the state kicks in money does that let insurance companies off the hook? >> there are very complicated rules who bears what portion and so forth but want to latch back on real quick, jon, to the point you made which is the exact legal point which is the intervening causation. very simple principle, which is really dumb, classroom example. i throw you out of a building seriously and sail by the 50th floor, another person shoots you. that is intervening cause of death. if not for my acts of throwing you wouldn't have died. winds act of god are intervening factor that could change the landscape a little bit.

>> doug, you know as well i do, that was foreseeable consequence. they could have for seen it and did not plan for it therefore for their responsiblety, the state. >> that is good argument. i'm explaining how they might defend it. jon: every state is hurting for money now. we're talking about millions of tax dollars here being awarded by the citizens of state of colorado. we'll let you know what the legislature does there. lis wiehl, doug burns. thank you both. jamie: another story we're following, tens of thousands of dollars stolen from u.s. taxpayers. that's you. the confessed thief? you won't believe it. the top intelligence officer at i.c.e., immigrations and customs enforcement agents. the agency that protects america's borders. another federal agency in the midst of a shocking scandal. we have those details ahead. also brand new details about five men now charged with plotting to blow up a bridge in cleveland. breaking news on that ahead.

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jon: we begin with a fox news alert out of cleveland. we're learning more about the five men arrested by the fbi's joint terrorism task force. agents say they plotted to blow up one of the city's bridges. you are looking at new video of what the fbi says was their target. the agency describes the group as a self-proclaimed bunch of anarchists, determined to use violence to express their ideological views. doug mckelway live in washington, he has more for us, doug? >> reporter: morning, jon. the arrests of these five men came just last night. the fbi says the public was never in any danger from explosive devices which were provided by an fbi undercover agent. >> the individuals explored the

illegal purchase of explosives as well as the concept of using precursor chemicals and internet knowledge to make homemade explosives. >> reporter: three of these five men arrested are facing charges of conspiracy and attempted use of explosive materials effecting interstate commerce. they are douglas l. wright, brandon baxter, 20, and anthony haney, 35 years old. also arrests connor stephens and joshua s. stafford. their plan began as a series of evolving plots over several months. the initial plot involved the use of smoke grenades to distract law enforcement in order for the co-conspirators to topple signs atop of high-rise buildings in cleveland. the defendants later discussed bridges and targets in and around the metropolitan area. they ultimately decided to target the northfield bridge which crosses from brooksville, ohio over the high hoe georgia

national -- chi hoe georgia national valley park. they placed these ieds and attempted to remotely detonated the devices from a location that they thought was safe and would give them an alibi. that detonation did not work, and that's when they were arrested. jon? jon: well, all right. glad they got 'em, i guess. thanks very much. >> reporter: absolutely. >> rick folbaum in the control room, stories all new in the next 6 minutes on "happening now," tens of thousands of u.s. taxpayer dollars stolen, wait until you hear about the top government official who has confessed to that crime. also, investigators were hoping big time that this surveillance video would help them crack the case of a young missing girl in arizona. why this video, though, not help them at all and what it means for their investigation. also, how changing your facebook status update can help save lives.

literally. we'll tell you about a brand new initiative. the second hour of "happening now" starts right now. jamie: rick, thanks so much. a lot of people thinking about saving lives today, and there's a new report that's raising fears that millions of working americans could end up being moved into a government health exchange. that's another big story we're following. i'm jamie colby. jon: and i'm jon scott. "happening now" in washington, a report making the rounds on capitol hill looking at the financial incentive in president obama's health care law for companies to drop their health plans. it shows america's top companies could save hundreds of billions of dollars just by paying a fine to shift workers into a government health exchange. chief washington correspondent jim angle has been looking at that, he's live for us in washington. jim? >> reporter: hello, jon. that's right, a new survey of fortune 100 companies finds that the new health care law created some perverse incentives for employers to drop their

insurance plans. listen. >> in a pure dollars and cents standpoint, it could not be more clear. you save a lot of money, hundreds of millions of dollars for some of these companies, by no longer providing coverage. >> reporter: now, republicans on the house ways and means committee surveyed the fortune 100 companies about their health care costs. 71 companies with 5.9 million employees responded. even after paying a penalty of $2,000 per employee, the companies stand to save $28.6 billion in 2014 alone by shifting to government exchanges, and they'd save more than $422 billion over the first ten years of the law. >> penalties for the employers who drop coverage are very low, and the subsidies for the workers in the exchanges are very high. >> reporter: some analysts, though, argue large companies might be reluctant to drop coverage. be.

>> i think competition for labor is still intense, and to recruit and retain a talented work force, you've got to provide generous benefits. >> reporter: now, the new exchanges would offer several choices of plans, and workers would get generous federal subsidies which only phase out at about $88,000 in income. so the exchanges could be attractive to both employers and workers. that's especially true of small employers. many companies might be reluctant to be the first to drop coverage, but if a competitor does, others could be forced to follow suit causing a snowball effect. now, no one knows how many companies might drop insurance and shift workers to the exchanges, but they could pay the fine, save several thousand dollars per worker and be offer to share -- and offer to share parking part of it in higher wages. the higher cost of subsidies, though, would fall on the taxpayers, jon. jon: i know it's tough wading through all the minutiae of that

health care law, but this $2,000 fine per employee if you don't have health insurance, what's to prevent congress from raising that and making it $10,000? >> well, they could. in fact, one of the bigger worries is if you put people on the exchanges, then what happens to the exchanges when the financing of the health care law starts to go the other way, starts to get much, much bigger than people thought? one of the worries is that you could have a reduction in benefits, that it would turn out to be something like medicaid where people have a hard time getting a doctor or finding people to treat them. jon? jon: good luck finding that doctor. >> reporter: yeah. jon: jim angle, thank you. >> reporter: you bet. jamie: right now, today, may day. occupy activists are gathering for rallies and demonstrations from coast to coast. those protests are aimed mainly at disrupting financial sectors, and already we are getting word of arrests. laura ingle live in manhattan's bryant park.

how many people showing up there, laura? >> reporter: hey, jamie. well, certainly hundreds of people at this point. all morning long they've been trickling in the here. the raining earlier today, but the weather is warming up. things are heating up inside the park in terms of the drum circle and the chants we've been hearing. picketers, marchers, demonstrators are all here. organizers say they hope today's coordinated events all across america will help give sort of a spring resurgence to the occupy wall street movement. the may day protest calls for the 99% to hold a general strike. there are signs that have been up all over new york city that say no work, no school, no banking and no shopping. there are many different groups that have been coming together to promote today's unity. twenty cities we've counted so far to promote fair wages and the need for jobs and equality. so we've got the occupy wall street protesters, labor unions, immigrant workers and the may

1st coalition. right now people are saying that they hope all of this will help workers come together, but i also want to mention that we have had some news to report. of course, you know there have been 6200 arrests nationwide since the movement began last year. we did see one arrest here today near bryant park this morning as a man appeared to try to deliberately block traffic. nypd in full force out here, and i'm told that, quote, the nypd accommodates lawful protests and arrests those who break the law. some ows elements have proposed unlawful activity, but the labor umbrella groups seeking a permit for a march and rally has attracted thousands of lawful participants to similar events over the past seven years. and, jamie, there was a lot of concern, at least a lot of concern online, that there was going to be problems a at the bridges and tunnels here in new york. the organizers of today's event say that they have in no way encouraged protesters to go out

and block entrances but, of course, there's a lot of different groups that are involved in this movement, and we have seen some of that activity, at least the calls for it, online. but nypd officers tell us they have had no problems as of yet. so we've got the bryant park situation happening now, there's going to be another organization, and we've got union square, and then there's a march from union square to wall street. so we're going to be all over the city today following them around. we'll bring you the latest as we move through the day. back to you. jamie: and so will new york's finest. a very busy day for the nypd as well. thanks, laura. ils in the diplomatic crisis involving the u.s. and china. both nations are trying to reach an agreement over a political activist who escaped house arrest in china, believed to be taking refuge at the u.s. embassy in china now. mike emanuel has more live from washington. >> reporter: two top u.s. officials are enroute to beijing while a senior american diplomat is on the ground there discussing the fate of this

blind dissident. secretary of state hillary clinton and treasury secretary tim divider in are head -- geithner are headed to beijing. secretary clinton was cautious when talking about the dissident. >> we will be going to beijing for the strategic and economic dialogue. we have a full range of issues that covers all of the political and economic matters that are of concern to our nations and our people. i'm not going to address the specific case at this time. >> reporter: clinton did go on to say there will be very frank discussions of areas where the u.s. and china do not agree including human rights. senator lindsey graham said the dissident deserves our admiration and respect for his work in speaking out against china's continued practice of forced abortions and sterilizations. this morning senator marco rubio, republican from florida, said, quote: the united states has always been a refuge for

oppressed people around the world, and his case is an opportunity to remain true to this proud quality when oppressive governments abuse human rights, we have a responsibility to condemn them. there is clearly pressure to get this resolved before it risks derailing the clinton and geithner visit and their talks with the chinese on economic and strategic matters. jon: and it was an extraordinary trip that brought him to the embassy, huh? >> reporter: absolutely. freed by some supporters. a blind dissident, so they helped free him from house arrest. jon: wow. thanks very much, mike emanuel n washington. jamie: that's an incredible story. here's an interesting one, too, i don't know if you heard it yet. he's accused of shaving the beards and hair off several of his amish neighbors, and the judge says he has to pay for his own legal defense. really? because he made two billion -- million bucks. we'll tell you how. plus, more than half a billion dollars stolen from

taxpayers. it looks like an inside job too. and our rick folbaum is at the helm of the breaking news desk. >> reporter: you know, there are full moons, and there are full moons. and the one coming up this saturday night is going to be the biggest and best of the year. it's one of the most-read stories at foxnews.com. so over the next couple of minutes why don't you log in, you can read all about it for yourself, and we'll have more of "happening now" after a quick break. don't go away. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. 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. ♪

jamie: and we are keeping an eye on some top crime stories for you. check this one out, police looking for most of a family. they vanished from a small town in the tennessee. there you see them all pictured. joe an bain and her three daughters were last seen on friday.

her husband says they did go to bed together, but when they woke up, they were all gone. the head of the international monetary fund will face a civil suit, dominique strauss-kahn cannot claim diplomatic immunity. and the leader of an amish sect in ohio will have to pay for his own legal defense. his name? samuel multi, and he's accused of shaving the beards and hair off several of his fellow amish commitment members. no -- community members. he made $2 million on an oil contract back in march, so the judge says no public defender for him. jon? jon: a brazen scam, jamie, uncovered at the department of homeland security. it cost taxpayers hundreds of thousands of dollars. the former head of intelligence for immigration and customs enforcement pleading guilty in a conspiracy to embezzle money from the government in order to fund, yes, a very lavish lifestyle.

william la jeunesse live in many our newsroom in los angeles with more on that. william? >> reporter: well, jon, this is a third strike every bit as embarrassing to the administration as the scandals at gsa and the secret service. not just a lack of oversight of taxpayer money, but of top intelligence officials. charged with classified and secret documents shown to be unreliable and dishonest. immigration and customs enforcement or i.c.e. is america's second largest investigative agency after the fbi. james woosly was the acting director of intelligence who oversaw an $80 million budget and managed to steal part of that taxpayer money for himself. living the high life under the radar in an elaborate travel scam that allowed him to buy a new home and boat. here's how court records say it worked. up to seven i.c.e. coworkers traveled to washington where they claimed to stay at local

hotels but actually stayed at woosly's homes in virginia. his live-in girlfriend and an i.c.e. colleague then created false receipts. woosly approve bed the expenses for rental cars, meals and lodging, then got a kickback for half the amount when they got reimbursed. he embezzled $180,000 in a scheme that defrauded taxpayers of more than half a million. one of the agents involved was the el paso intelligence chief. the fbi says he wired 570 grand to private middle eastern accounts and failed to disclose another $1.2 million held overseas. investigators say the former colonel in the jordanian air force took multiple, unauthorized trips there on a diplomatic passport, and in 2006 lied about his past. but wasn't fired and kept his national security clearance. now, moments ago woosly pled

guilty, he faces up to ten years but, jon, he'll likely get one or two like the others, but the information continues because the fbi wants to know how that $1.7 million was awe quired, and these intel guys are supposed to undergo periodic background checks. yet in these cases they lied and were never found out about overseas accounts and travel. back to you. jon: unbelievable. william, thanks. jamie: it is the latest threat to american security. could be barely and nearly impossible to detect, too, so there's a new warning that has police from coast to coast and around the globe on high alert right now. plus, there may be a verdict in the age-old debate on pacifiers. boy, they look cute, but are they good or bad for your baby? finally, an answer. the doctor's in the after the break. e is robin. i'm a wife, i'm a mom... and chantix worked for me. it's a medication i could take and still smoke, while it built up in my system.

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jamie: right now there are heightened concerns about terrorists turning their bodies into bombs, and the feds have stepped up security not only here in the u.s., but also overseas. the fear right now is these body bombers could target u.s. planes and other forms of transportation because it's one year to the day of usama bin laden's death. rick folbaum has more on that. >> reporter: it's important to note that the fbi and the nypd say there are no known threats centered on new york city today, but federal air marshals ramping up protection. terrorists who could target u.s.-bound planes, explosives with no metal in them so they would not be detected, you know, at any kind of security checkpoint. this comes on the heels of the warning last year that

al-qaeda in the arabian peninsula have been designing body bombs that contain, as i said, no metal parts. so this has been a concern for some time. meantime, police in new york city have in place a security surge of their own, keeping a very close eye on all key transportation hubs in the city. there are a number of places that people can come into or out of new york city, the airports, train stations, the bus depot and the like. just in case terrorists want to try to stage some kind of attack marking one year since bin laden was killed. jamie: all right. we know they're on the job every day, though, as well. thanks, rick. but let's talk more about these body bombers and the lengths they're willing to go to kill americans and what we've done to increase security with jim walsh, international security expert with the mit security studies program, and, jim, you are the guy i go to with this, so thanks so much for joining us today. i just flew, right? i went in the thing, i put my hands up, and i had my boarding

pass in my pocket, and i was pulled over because on that machine that piece of paper showed up. so how could we not detect body bombs even if they're not made of metal? >> as you know, jamie, because you travel in lots of different airports, different airports have different systems. not every airport has got the full-body scanning yet, so that's one issue there. but i know we hear these stories and they sound scary and they are scary, but it's good to keep the big picture in mind. this is the nature of the beast. they got a plane and used a plane as a bomb on 9/11. we responded and set up screeners, now they're trying to respond with a way to get around that. but, and i underline but, you know, this is a very difficult task for them. it's not like they can train on this, right? they lose assets this way. they can't do as much damage with a single bomb in a person as they can with a plane filled with jet fuel -- jamie: but we've already seen, jim, an incident where a brother of one of the chief bomb makers

blew himself up -- thank goodness, the bomb went off prematurely, and he only blew himself up -- >> right. jamie: but they're willing to sacrifice their family members for this, and they can do a lot of damage. >> yes. jamie: how are we going to get at least al-qaeda's chief bomb maker, the one responsible for the underwear bomber and other devices? how do we get him? >> well, i think that's just good, old counterterrorism, listening to communications, flipping assets. you know, we've gotten a lot of people in al-qaeda, a lot of them have been taken out. he's on a list. we thought we had gotten him at one point, and he slipped away. but he is certainly under a tremendous amount of pressure. and the example you use, jamie, sort of goes to my point. you know, when you're training to take over a plane, you can get operatives and train on that somewhere at some base. you can't train being a body bomber, right? once that goes off, you're a dead asset. and so, yes, they're being forced to this but, you know, if they had their choice, they would prefer the old days when they could do bigger operations

at lower cost, and they're being forced to do smaller and smaller operations at greater risk, and that's a win. that's why things are better today than they were ten years ago. jamie: all right. jim walsh's report card on that, but we have a lot more to ask you, jim, so i'm going to ask you to stick around. >> absolutely. jon: let's get to a little news that new mothers will want to know about. new research challenges what many believe, many new moms believe, about giving their children pacifiers. for years parents thought, you know, the so-called binky could interfere with breast-feeding. now a new study suggests pacifiers actually can help with nursing. dr. leland ochre is assistant professor at lsu shreveport, and she joins us now. it's my understanding we have a picture of your little son max with his binky, so even the doctor uses them, right? >> oh, yeah. i'm a big pacifier pro.

the truth is for years there was this lore that they taught in medical school that babies don't learn to latch as well on an artificial nipple, they could get nipple confusion, they didn't suckle as well. and so, but there hasn't been a lot of real, hard research out there. and this is a small study, but it's a prospective study where they restricted pacifiers, and they expected breast-feeding to go up, and they were surprised. it didn't go up. it actually went down. jon: because why? [laughter] >> well, they don't know. this wasn't really why it happened, but when they restricted pacifiers, it seemed like less mothers were breast-feeding. in fact, formula feeding went up. and, you know, the advocates, the staunch breast-feeding advocates say, of course, it's an incomplete study, we don't know why, and that's part of it. but, you know, kids come out of the womb sometimes sucking their thumb. so they learn to suckle on all kinds of things, and it soothes them and calms them. and if you've ever had a really

hysterical, crying baby, sometimes it's hard to get them to feed. jon: i hate to say how long it's been since my kids were of pacifier age, but i remember a few times trying to pull that out of their mouth, and they would feel the sensation and, man, they would chomp down on it even more. it has to be pretty good exercise, i would think. >> well, it is. it's a natural instinct in babies to suckle. it calms them. um, you know, my son used one, and, you know, once you've tried to feed them and you've circled the block a hundred times in the car and put them on the washing machine and walked with them and vacuumed and it's not working, you'd be surprised how good a pacifier can use to get them to quiet down and wall down. jon: i've heard there's even potentially some benefit when it comes to preventing or reducing sides cases? >> yeah, that's true. they've shown research that when babies are asleep, they've shown

a correlation that it can reduce sids. it's gotten a bad rap for a long time, but i say, you know, pacifier mothers unite. finally, a little good news. jon: only for babies. i can't use one here on the set, right? >> you know, i wish they had an equivalent for surly teenagers, because that's how old my kid is now. [laughter] jon: hey, max is famous now. tell him to go easy on you, it's a good day. [laughter] >> i hope he didn't see this. jon: doctor, thank you. jamie: somebody get jon a straw. jon: yeah, something. jamie: we've been talking a hot about al-qaeda today, with good reasons, and they do have plans for payback one year after the death of usama bin laden. coming up, we're going to talk about the dangers ahead. plus, we are monitoring dramatic testimony in the john edwards' trial. if you thought it couldn't get any more sizzling than yesterday, it has. judge andrew napolitano will join us with his legal analysis. can't wait for that. for three hours a week, i'm a coach.

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jon: i remember it well. it was sunday night the 1st of may, 2011, president obama makes a shocking late night announcement from the white house, delivering the news that american special forces had pursued and killed the world's most wanted man. today authorities around the globe are on high alert as we mark one year since the death of osama bin laden. dominique d-natali is live from

islamabad. >> reporter: osama bin laden spent as much as nine years in pakistan, five at this very site where until recently his compound was demolished by pakistan authorities. we've been given new information as to what he was up to while he was here, intent on committing more master reus acts across the world, if particularly in europe. here in pakistan he had hopes of seizing the plutonium manufacturing facility here in the country and perhaps using whatever he was able to get there and turn it into dirty bombs, which we know was a big fear of the united states in the wake of 9/11. on top of that we hear from the man who is arguably the only individual who has been allowed to do an independent investigation into osama bin laden's presence here, that he was somewhat betrayed by al-qaida, they decided back in 2003 to retire him, according to the investigator and they pretty

much left him out on a limb. it was very expensive to keep him maintained and living here. his reputation had become very much a liability for the organization. the investigators is actually saying that perhaps they very much let him go and left him vulnerable and that's how eventually he was also found. on top of that, he's actually added that there must have been elements of, perhaps, former members of the pakistan spy agency that will have helped him here but has adamantly said indeed there are still no trails leading to current members of the pakistan military or the spy agency here that could have known that osama bin laden was here for all this time. jon back to you. jon: so many questions still a year later. dominique d-natali, thank you. jaime: so much was seized from the compound since then being analyzed by government officials, some to be released this week. let's talk about what we will learn from jim walsh an international security expert at the mit security studies program

who rejoins us now. jim, thanks. >> thank you. jaime: i want to ask you this question. we pretty much know our troops will be pulling out of afghanistan soon. whose job is it to end the war on terror at this point? is it a military function, or should relieve it to intelligence officials, including the cia? >> i think you're going to continue to see some mix of both. we are going to move in afghanistan from a counter insurgency strategy aimed at the taliban and others but still have people on the ground doing counterterrorism after al-qaida. it's going to be more narrowly drawn and you'll have cooperation across the government, you'll have cooperation with the military intelligence, with the state department, because we have to enlist the help of other countries. so a variety of agencies in the u.s. are still going to have a counterterrorism mission, which is narrowly drawn after al-qaida and others. jaime: let me ask you this question, then, you have all these agencies, even new ones that were formed after 9/11. we have a trial going on right

now with bombers, an alleged bombing trial. are these agencies working together better than they did on 9/11? >> a lot of them didn't exist before 9/11, and you're right to ask that question. i think a lot has changed since 9/11. some of it good, some of it bad, but mostly it's been progress. even in my own field, in security studies there is much better research, a lot more scholars, a lot higher quality of research going on trying to understand terrorism. you referred to the treasure trove of documents at osama bin laden's compound, that is going to be enormously helpful. we are just spending a lot more money and a lot more person hours on this. i think we know a lot more about it. prior to 9/11 the country was not geared up, not focused on it. jaime: i asked an earlier guess this question, i'll ask you to. guantanamo remained open even though the president pledged it was going to close. it was an early campaign promise. it's open. are we learning anything? is that valuable to us in terms of fighting the war on terror?

>> you know, i really think it's marginal at this point, because all those folks who have been there have been there a longtime, so they have built relationship to what has happened to the movement, you know, in the ensuing ten years. so i don't know what we're getting out of them. i think the problem is there is no country that will take these people and we don't want to release them, so right now it's sort of more of a containment thing. we don't want to let them out to go back home, but it's not as if we're getting anything from them. and it comes at a cost. but i think the trial shows that the u.s. is committed to the rule of law, and where you have other sources of information that are paying a lot bigger dividends. jaime: let's talk about that rule of law. right now in a new york city courtroom the jury is deliberating and we are waiting for a verdict. prosecutors are saying that these were al-qaida-trained suspects, and their plan was to set off homemade bombs on subway trains. we send money on these trials, we are having them in court in negotiate, people know about it, is it a deterrent in any way to

a potential terrorist? >> no, i don't think this is about deterrence. the criminal justice system is more than about deterrence, it's also about punishment. these criminals will be punished. it's also about us as a society. you know, i think it's important for the public to hear this testimony, to read the testimony, to have a better idea about terrorism and why do i say that? it's great that the government has the documents from the compound and our intel analysts are working on that. that is all classified. the most important thing in fighting terrorism is having a public that understands the challenge, and that is on board. the terrorists only win when we react and play into their schemes. jaime: we are hardly being lazy about it. you still have to take your shoes off. we are doing everything that we can. are they winning right now? >> i hear you. jaime: because they still exist. >> yeah, i do not think they are winning. i think they've taken a lot more hits than we v. certainly that's

what the historical record shows over the last ten years. and it's not just about taking your shoes off, it's understanding what they are trying to do and why they are trying to do it so if we are hit, and eventually some thing is going to happen. jaime: don't say it, please don't say it, let's hope not. >> yeah we hope not. that is the way of the world and it happens everywhere. jaime: if you're even thinking about it out there, terrorists, we are on it and we are after you. >> we are on it, absolutely. jaime: keep us posted, jim. thank you so much for joining us today. jon: every day people die just waiting for an organ transplant. america's most popular social network is trying to save lives. a new facebook status after the break. plus a bizarre scene caught on camera in a dark parking lot. it has police very concerned. what is going on here? (spoken in mandarin)

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facebook as that social networking site hopes to lower the number of people who die while waiting for organ transplants. it's encouraging members to add a new status to their pages. rick is live in our new york news room he has more. >> reporter: facebook status updates literally have been lifesaving. they are giving users the chance to let friends and family members know if they are registered as an organ donor. if people see that someone close to them is a donor they might decide to become donors too. that may reverse what is a long time and growing problem of too many people needing organ transplants and not enough people registered as donors. about 7,000 americans die each and every year waiting for organ transplants, mostly kidney transplants which have a very high success rate 4 they are performed. liftinlisting your donor status

and facebook could not be legally binding. but it could give loved ones peace of mind. most people are face wed deciding whether or not to be an organ donor while at the dmv getting their driver's license. facebook is giving people the chance to think about this potentially important life-saving decision in a more comfortable setting. jon: i've signed up. >> reporter: so have i. jon: good man. jaime: to th the corruption trial against john edwards going on in a courtroom. the wife of an exaide back on the stand facing tough cross-examination by the defense. yesterday she testified that edwards knew about money from two campaign support erts being usesupporters, being used to hide an affair he was having and his love child. judge andrew napolitano is here with us. she is getting an ear full.

>> she is, and so is the jury. there is so much sexual activity and allegations of improper action here. what is relevant is what did john edwards know if anything and when did he know it? what was the intention and intention of the contribute erts. take the intention of the contributors and forget about it. one of them is dead and the other is 110 years old and she is not going to testify. did john edwards orchestrate a plan to funnel cash through his campaign in order to keep from his then-dying wife the existence of the baby he had with his mistress? or did workers for john edwards funnel cash through the campaign in order to keep this information from the public and advance the campaign? now that is not just a subtle distinction. if this was -- although unprecedented a reasonable campaign expenditure then it's not illegal. jaime: then he probably wouldn't have been indicted, although you feel thin dietment came because he's john edwards.

>> well, i do, but, you know, i'm not in the courtroom. i've read a lot of relevant documents. it seems to me that this is such a novel use of this statute. because you made a mistress to keep quiet we are going to indict you. and because it's easy to dump on john edwards. if half the allegations about him are true his behavior is reprehensible, and he's wearing a scarlet letter. jaime: already. >> yes, all right. if he had won the subsequent elections, if he was vice president of the united states i don't think we'd be going through this now. jaime: let me talk about the youngs. husband and wife get on the stand for the prosecution and give some details, they are both telling the same story mrs. young gets very emotional, has to leave the court yesterday because she has a migraine, now today in cross-examination they ask her about medication she's on for migraines, she opened the door on that one by leaving yesterday, and they ask him and

her about sleeping medications that he takes that may have fogged their memory. they may not have, you know, such good mormon thes memory on these things. >> whatever you think of john edwards he is a master courtroom strategist. and in his day was one of the most sought after trial lawyers in the united states. he's probably participating in the strategy. they have a medical expert, a physician, who will come to testify if they deem his testimony would be helpful, and will basically say, if you took this medication, and this medication, and this medication, it's going to affect your memory. the this. this. and this are what mr. and mrs. young took. this is a perfectly accept area of cross tkpaeupbgs. she is being asked this now even as we speak, isn't this true that you have suffered memory lapses and even some hallucinations because of this medication. and if you did how do we know you're not suffering from one

when testifying before this jury. jaime: the jury could say we are going to disregard her testimony, disregard parts of his testimony. what happens to the case? are they the star witnesses? is this all the prosecution has at this point. >> if this is all the prosecution has at this point the case will be thrown out after the government's case, in my point of view, and most judges would do that. if the prosecution has more they have to overcome the motion to dismiss and force them to put on their case. question, will former senator john edwards take the witness stand and explain his personal life to this jury? if he does it will be rivetting and you will see a compelling, compelling demonstration of courtroom skills from the witness stand. jaime: you know what, as a lawyer as well, i would love to see that. >> i think most of us would. most of us who watch this for a living. jaime: as you said he was an esteemed member of the legal community, fighting now to keep his law license. he may need to take the stand. >> he may very well. if the judge says the right

thing, she'll say to the prosecutors, no, no, no, you guys have over reached. there is no statute that expressly prohibits this and you can't put someone in jail where the statute isn't clear and precise. jaime: thank you, judge. jon back to you. jon: it's legal to be slimy the judge says. >> unfortunately yes. jaime: i think he said he could get away witness. we have to hear all the facts though, jon. jon: all right. thank you, judge for that. hey, cops thought they had a lead in the search for a missing six-year-old, but today the surveillance video is useless. we'll tell you why. hey dad. see how the carrots i grow make that new stouffer's steam meal so tasty. actually, the milk from my farm makes it so creamy, right dad. dad can see... boys! don't you think stouffer's steam perfect bag should get some credit? my carrots. my milk. [ female announcer ] new from stouffer's. farmers' harvest steam meals taste so good we'll bet the farm on it.

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jon: and apparent assault caught on tape that is catching the eye of police in north carolina.

cops say a van pulled into a parking lot in winston salem, a hispanic man and woman seen getting out of the woman. the man gets back in then drives away. minutes later he comes back and tries to force the woman into the van. she escapes, then attempts to pull a child out of the rear passenger seat, but the guy jumps behind the wheel and takes off with the woman inside. it's all a mystery to cops. anyone with information about who these people might be is asked to call police at (336)773-7700. jaime: there are brand-new developments now in the hunt for missing arizona girl and there is concerns for new calls for surveillance footage from the night little isabelle disappeared. rick live in our new york city newsroom with the latest on that. what do they have, rick. >> reporter: this is not good news for police in tucson who have searching for the missing girl. they found they had found potential eyewitnesses, some real serious, possible leads here. now the two men and three women

seen in this surveillance video walking near isabelle's house tell investigators that this video that we're looking at was not from the night of april 20th as police thought that it was. that is the night that little six-year-old disappeared. her parents say that they put her to bed that night, they discovered her missing the next morning when they went into her room, and now police are working with businesses in the area that turned over the original surveillance footage, they are trying to find the right night. they want the same store to find the video from the night that the little girl disappeared, and they are hoping that possibly some new leads might come with that footage once they get their hands-on it. they are working on it. as we get more information, jaime we'll pass it along. jaime: absolutely, thanks, rick. jon: almost three years after an air france plane packed with more than 200 passengers and crew plunged into the atlant the atlantic ocean we are learning new details about the accident. coming up what a new report says about the truth behind that

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jamie: well, we said it would be a busy two hours -- jon: it has been busy. jamie: great to be with you, jon, thank you so much. jon: and busy on the streets of new york. jamie: thanks for being with us, everybody, i'm jim may colby -- jon: "america live" starts right now. megyn: fox news alert on new questions today about the obama administration. the president's re-election campaign and what appears to be an effort to punish certain people and companies that donate to republicans. welcome to "america live," everyone, i'm megyn kelly. we are learning new details today about a draft white house paper and similar legislation in the congress that would force companies to reveal political donations in order to bid on government contracts. now, we are told that the executive order is on hold