career. the manager says that hammill's move was gutless basketball it's 19-year-old bryce harper that's come out on top, after all he scored after getting hit with that pitch, the team won and he's well on his way to earning respect in the field. jenna: i'm glad you and jon didn't do that to me when i was joining fox news! jon: thank you for joining us today. general jen "america live" starts right now. megyn: fox news alert, on polls just out, offering us a new look at how average americans feel about our economic future, and what that might mean for the 2012 election. welcome to "america live" everyone, i'm megyn kelly. the numbers are just in from rasmussen reports, and they show voters are pretty pessimistic about our economy going forward. 52 percent say it will be weaker or about the same a year in right now. just 35 percent believe our economy will be stronger. and some other telling numbers show long term confidence in housing, stocks, the job market, and the future for our children

are all at historic lows. scott rasmussen is president of rasmussen reports, christ stierwalt is also here with political analysis, he's our fox news digital politicsay on . scott, let me start with you. i read these polls and there are several you went through and i'm feeling a little depressed! is that how you felt? >> it is. i'm sorry to depress you megyn! what we're seeing in the short term perceptions is what we've seen in lots of data. people are feeling better than they did in 2011 but not as good as they were earlier in the year and by the way, democrats feel better about where things are gone thank republicans. not big surprise there. but in the long term numbers, 44 percent say the u.s. economy will berom now. five years out. that's the lowest level of optimism we've ever measured and to give you a sense of scale on this, back in january 2009 when president obama took office, we were in the midst of a wall street meltdown and the auto

industries appeared to be just slipping away and even then, 62 percent said that in five years, the economy would be stronger. so we're seeing an 18-point decline over the past three years on this. people don't -- people have begun to think something has gone wrong. only one out of six believe that today's children will be better off than their parents. megyn: that's the most incredible one. if we can jump to that in the control room, i want to show people that. you asked, do you believe your children will be better off than you were, that's the age-old 4e9 rick -- metric for assessing confidence in the economy and the nation, and look. look at that. will today's children be better off than their parents, 63 percent say no, they will not. just 16 percent say yes, they will be. chris stierwalt, that's got to concern you if you are an incumbent politician. >> that's right. and basically, what this poll says, if you want to take this one particularly, it's particularly potent, because what it tells us is that americans are starting to be declinists, they are

starting to think the country's best days are maybe behind it and that is a very concerning thing if you're in power. the other thing i take away from these polls, megyn, is this. the broad-based belief -- scott points out that democrats are more optimistic or have better feelings than republicans but to get numbers this high it means that liberals and conservatives both think that what's gone on has not worked, and we just saw in europe, as a matter of fact, how you can have incumbents who are taken from the left and then a couple years ago, it was from the right in england, in britain, when the labor prime minister there was tossed out. if you're an incumbent in power and people are frustrated about the direction of things you're out on your heels. megyn: they tend to take it out on you. scott, you asked them about some specific indicators, for example, how long will it take to the -- for the stock market to fully recover and 41 percent table will be at least three years, 41 percent. then you ask how long will it take for housing price

toss fully recover, and look at these numbers on the housing. look at that. 65 percent say it will be three years or more. >> megyn, the housing market is the real sore subject here. four years ago, # on percent of americans thought their home was worth more than they paid for it, that's down to 48 percent today. so only half of homeowners think they've gained any value at all from buying their home. this is part of that larger sense. people are beginning to think this is not just part of the business cycle, something has gone wrong, something is changing about america. we're not sure what it is, but we don't like it. megyn: we're getting interference on somebody's line and i'm blaming you, stierwalt! from the looks of things in d.c. stay there, either because they're upset about the state of the economy and don't feel optimistic about the future doesn't necessarily mean they're going to blame president obama. yes he is the incumbent president but they have to

genuinely believe that mitt romney is a better choice, will offer better alternatives, and that's really what's at issue in this election, which for the most part has shown these two men neck and neck. >> that's exactly right. that's why what mitt romney wants to do is keep the focus unrelentingly on the subject of the economy because he sees these numbers, he knows the score and that's also why, in fact, the president wants to talk about stuff that's not really about the economy. that's why you see, you know, we've been talking about outreach on gay marriage, we've been talking about other issues. the president wants to talk about other stuff because when you have negativity, pessimism, that is this hardened, and that is this deep, changing peoples' mind is probably not an option. megyn: that number, scott, again, about will your kids be better off and 53 percent saying no, you got to keep in mind the current state of the economy, the current state of peoples' unemployment and so on, for you to be saying i've been unemployed for a couple of years, still, my kids will not do better, it's not in

the cards, does everyone feel as depressed as i do? >> i blame scott! >> thanks a lot! i just give the score! i'm not providing this information beyond the score keeper! mig mug come back when you have better news! uplift us! and you come back when it's a sunny day in washington, chris! see you guys. for its part the obama campaign is finding some good news in the economy and it is now running a new ad that some are comparing to ronald reagan's famous 19 # four morning in america spot. the ad is meant to remind voters of the 2008 economic meltdown that took place before president obama took office and try to convince them that he's got this country back on the right track. take a look: >> instead of losing crawbs jobs, we're creating them. over 4.2 million, so far. we're not there yet. it's still too hard for too many. but we're coming back. because america's greatness comes from a strong middle class. because you don't quit. and neither does he. megyn: in less than ten

minutes, ronald reagan's son michael is here on president obama's new ad and the morning in america comparison. right now we are waiting for president obama to take to the stage in albany, new york, my own home town! to talk about the economy. we'll also be watching to see if there's any mention of the recent terror plot, busted by the cia. federal officials say al-qaeda was on the verge of a new attack, targeting u.s. jetliners, using a sophisticated new bomb. fbi experts are now studying the device found in yemen. they say it's an upgrade of the underwear bomb that was worn by the attempted christmas day bomber back in 2009. and that it was going to be used on another airliner around last week's anniversary of the killing of usama bin laden. security officials say there will not be any immediate changes to airport security. well, we are also tracking a massive search underway right now for tbro missing tennessee girls. the fbi says agents are

hopeful that 12-year-old alexandra bayne and her eight-year-old sister, kaylea, are still alive. police believe a family friend kidhapped them late last month, along with their mother and older sister. the mother and that older sister's bodies were just found near the suspect's house days ago. trace gallagher has more. trace. >> reporter: in fact, we're learning, megyn, that that family friend, adam maines, 35 years old, has been with the baynes, has known them for years and years and years and in fact, before they disappeared he was at their house helping them pack up because they were about to move to arizona and when the husband reported his wife and three daughters missing authorities did contact adam mays, they tried to meet it him -- with him but he fled. the big focus is in guntown, mississippi, that is where the bodies of the mom and the oldest daughter were found behind a home that mays had rented and right now, authorities believe they're confident, they won't say why, they're confident the two younger

daughters, as you said, alexandra and kaylea, are still with the suspect. they point out that mays does have ties to north carolina, south carolina, florida, and texas, and could right now be on his way to arizona. he is armed, he is extremely dangerous, and he could be using two aliases, christopher wiles, as well as packo rodriquez, which is his facebook name and police are now scrambling because they believe he has killed once, and that he would easily kill again, and police still have not revealed, megyn, exactly how the mother and the oldest daughter were killed. but right now, they want any information that anybody has about this suspect. megyn: all right trace, thank you. well, we mentioned a moment ago how president obama is kicking off his reelection campaign with an ad called "we're coming back". >> today, more men and women will go to work than ever before in our country's history.

with interest rates at about half the record highs of 1980. nearly 2000 families today will buy new homes. and today, our auto industry is back, firing on all cylinders. our greatest enemy, brought to justice by our greatest heros. our troops are home from iraq. megyn: there you see a comparison of two famous ads, the first one is, anyway, side by side, ronald reagan's pitch on theual morning in america spot that he used to gain reelection. in three minutes, michael reagan weighs in on that comparison. plus, there is a massive new report out today from an influential health group that is speaking to our federal government, saying we need new taxes, new food, new regulations to attack our obesity problem. are you overweight? it's not your fault! we'll delve into the new study. >> we have new analysis on a white house memo that may have been part of a strategy to let someone else take the fall if the bin laden

mission went south. is this unusual? did the bush administration do the same thing? we ask one of the men who raised the red flag. >> that was a highly lawyered memo. >> wow. so you're saying this was designed to protect the president politically. >> i think there's going to be more that comes tumbling out about that escapade, but so far, that memo is enough. c'mon dad! i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw!

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>> it's morning again in america. today, more meand women will go to work than ever before in our country's history. with interest rates at about half the record highs of 19 # zero. nearly 2000 families today will buy new homes. more than at any time in the past four years. megyn: group hug! that was ronald reagan's iconic morning in america ad

from his 1984 reelection campaign. declaring the nation stronger than it had been four years earlier. now president obama's team is out with a new ad called we're coming back, touting his leadership on the economy and other issues, and it is being compared already to the reagan ad in some circles. take a look: >> instead of losing jobs, we're creating them. over 4.2 million so far. we're not there yet. it's still too hard for too many. but we're coming back. because america's greatness comes from a strong middle class. because you don't quit. and neither does he. megyn: fair comparison? michael reagan is a political consultant and chair of the reagan group. did he get it, did he capture what your dad was going for in that '84 ad? >> he didn't capture it at all because most people really understand what's going on. back in 1984 with my father's ad, things were getting better, people were feeling better about

themselves, buying new homes, going to work. it's not true today. as you walk around america and talk to people in america, there is that jimmy carter malaise that is going on out there in america. nobody is feeling good about themselves right now. look at these last polls that have come out. i mean, there's one rasmussen question that really hit me, the fact when they asked the question will your children be better off than you are, and most people, most people, say -- >> megyn: 65 percent. >> -- say no they will not be better off than in fact i am and when a father and mother sits back and doesn't think their child is going to be better off than they are, that is just unbelievable. and so that's how people feel today. so no, he's trying to play the wizard of oz, who's really behind the curtain here. megyn: comparing to your father's recovery, the economic recovery, i should say, back in 1983, around this time when he was running for reelection, the gdp growth rate under your dad was 7.75, under president obama, 1.625, back

in 2011. job growth under your dad was 3.4 million jobs, under president obama, back in 2011, it was 1.84 million. so the numbers would suggest the recovery is not as strong as under your father, but then, the implosion, the economic implosion wasn't as bad coming into office for your dad as it was for this president, fair? >> well, you say that, but if you were buying a home and your interest rates were at 18 percent, listen, you would know there was a real problem. if you were in a gas line and you didn't have an odd number plate, so you couldn't get fuel today, you had to wait until tomorrow, i will tell you, there are people who feel they were absolutely in a depression, and it wasn't going to get any better. and ronald reagan pulled us out of that program. how how -- but how did -- did he do it? lowering taxes. that's what brought us out of that.

getting regulation off the backs of business and industry. that's what did it. not by putting more onerous regulations on everybody on the planet but, in fact, helping businesses grow, not stopping them from growth. megyn: there's another part of this ad where the president says the -- the announcer says some said our best days were behind us, but not him, this is president obama's ad, then there's an obama sound bite where says don't bet against the american worker and some are detecting a shift, michael, versus earlier statements that the president had taken a lot of heat for that seemed to be critical of the american work ethic. take a listen: >> there are a lot of things that make foreign investors see the u.s. as a great opportunity. our stability, our openness, our innovative free market culture. but we've been a little bit lazy i think over the last couple of decades. we've kind of taken for granted people want to come

here, we aren't out there hungry, selling america. >> we've lost our ambition, our imagination and willingness to do things that built the golden gate bridge and hoover dam and unleashed all the potential in this country. megyn: do you think the campaign understands that comments like that, true or not, don't play well with the american people? >> well, they really don't, but there you go, the blame game again. it's not my fault, look at that person, it's really their fault, they're not working enough, we've lost our imagination. you'd think jimmy carter was writing those lines for all those people. but look at the other question, the "rasmussen poll", the question about people, can you come to the united states of america, and if you work hard, can you become rich? only 32 percent of the people said yes. we have immigrants in this country because they came here to become rich, to be able to grow like they couldn't do it in their countries, and to think that

today, the very same people who come here say no, you can't get rich in america, anymore. why? because you have a president that does nothing but punish the rich for, in fact, job growth. so every time you become successful, he punishes you more, and what happens? you end up leaving the country and going elsewhere to create the jobs that you used to create in america. megyn: you used the term malaise, and i joked in our first segment with rasmussen and stierwalt that they were depressing me because of these numbers and scott said look, i just report it, and he does have a thumb on the pulse of the american people right now. it seems like people need to be lifted up, that they need somebody to lift them up. it's tough to do when the numbers are what they are, but they look back at your dad, the great communicator, and just found one example of his ability to do it, to just lift us on our spirit, something that we all remembered when he died not so long ago. here's his farewell address where he talked about the

shining city on the hill: >> my friends, we did it. we weren't just marking time. we made a difference. we made the city stronger, we made the city freer. and we left it in good hands. all in all, not bad. not bad at all. and so, goodbye, god bless you, and god bless the united states of america. megyn: it worked because it was true. >> it was absolutely true. but the key word there is "we". you don't hear the word "i" with ronald reagan, it was always we, us, we're working together, the united states and america. my sister maureen and i, i talked about this at the library the other day when i was up there on sunday, i said you know, our dad, him running for president would be like your son getting his eagle badge. that's how dad looked at it. it was like his eagle scout

badge and he honored that so much that we the american people, we have so much inside of us, that we can handle anything. megyn: michael reagan, thank you very much. we'll be right back with breaking news out of iran. a party?

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megyn: well, a sad day for children and for those of us who once were. renowned author and illustrator maurice syndak has passed away after a stroke, he was 83 years old, famous for the book where the wild things are, achildren's book that has been fascinating kids for nearly 50 years. he received some of the highest awards in his field, his books often avoiding the happy go lucky tone of a lot of children's books, instead taking a look at the darker side of things, but still delighting millions. he'll be missed.

got a fox news alert for you now on a developing story out of iran. a car crash has killed one u.n. nuclear inspector and injured another, sending him to the hospital. not far from a nuclear facility that they were supposed to investigate. this incident is raising serious questions. just days before the next round of nuclear negotiations. trace gallagher following this from our breaking news desk. trace, what do we know? >> reporter: megyn, inspectors visit iran nuclear sites on a regular basis. the problem is not a lot of them are allowed inside the sites. in fact that's why the recent talks were frozen, because inspectors were not let into the key nuclear sites, even though iran says we're using these things to build for medical and industrial purposes. of course the u.s. and many other countries believe iran is trying to build a warhead. the consider crash happened about 150 miles outside of tehran, and it comes just a week before a new round of talks, next week in vienna,

between iran and the iaea. iran says the south korean inspector and slo evennan inspector were in this car when it rolled over, country was killed, one critically injured. iran says there is no indication of foul play, but the thing is, iran is the one that conducted the investigation into this crash, and the iaea now says they're not in a position to speculate about what happened. what's very unclear in all of this is whether or not those inspectors actually made it into that nuclear site. we don't know that. we do know that iran does have one of the highest fatality rates in car crashes in the world because of poor roads and bad emergency services, megyn. but a lot of questions as to exactly what happened outside that facility. megyn: wow, all right trace, thank you. >> reporter: okay. megyn: a new report out by a very influential health group that advises our federal government pros an all-out attack on obesity. the plan includes new

attacks and regulations but basically suggests that if you are obese, you are not to blame! is more government the answer to the problem? plus, new fallout over a controversial cia memo outed by time magazine, after a former attorney general says the administration was preparing to blame someone else if the bin laden mission went wrong. we will speak with the attorney general under president george w. bush who is bringing this issue to peoples' attention. former together michael mukasey joins us. a major free speech debate as these private citizens again find themselves the target of the obama reelection campaign. the koch brothers who employ over 50,000 americans, being called contract killers for funding superpacs. running ads against the president. is this appropriate? we'll debate. >> we're also going to be prepared, and i want to be clear, to respond to the attacks that we expect to

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megyn: fox news alert. you are looking live at the nanotech complex at the state university in albany, new york. that is where president obama is unveiling a to do list for congress on creating jobs and easing the

mortgage crisis. if you'd like to take a listen to those remarks we are streaming them live right now on foxnews.com. well, a pair of new reports just out, looking into america's ever expanding waistlines. according to one study funded by the centers for disease control, more than one third of american adults are considered obese today, and that number is expected to go up to 42 percent by 2030. what a massive new report out today from the powerful institute of medicine panel says, you cannot blame it all on a lack of individual willpower, in fact, quite the contrary. they argue our healthy options are way too limited. so the government potentially needs to step in and help in the form of new taxes and regulations, and even potentially by offering incentives to build more sidewalks so we can walk more. is more government really the answer here? joining me now, leslie

marshall, syndicated talk show host and fox news contributor, lars larson. you know, i have to start by saying, leslie, i would love to mock this report just in good fun because it's not injure fault! it's the government's fault for not building more sidewalks. but they talk about the unavailability of healthy food in so many places, and just anecdotally, haven't we all seen that? i mean, you go into, you know, one of those stores, you're going to grab a sandwich, that's all there is. where are the fruits, where are the vegetables? you have to work very hard in this country to find healthy options sometimes. >> oh, no question. i have said, and i know i'm going to get people angry, but sorry. you know, when i travel to europe i can always spot an american, they're fat, they're dressed poorly and they're drinking coca cola. sorry! but this is definitely part of our environment. we drink soda. that has a lot of sugar. why is it in america, our

big mac is three times the calories than in copenhagen, denmark? it's not just portion size. by the way it's not just high fructose corn syrup. it really is about our lack of choices. and why is it that people in france eat bread, cheese, italy, they eat pasta until the cows come home? they're thinner. they have the sidewalks and trails and parks to be healthy and they have the healthier option, they drink water, not soda, and i believe this is something that the government can do a better job. bring them in, because we're doing a very poor job. megyn: lars, in this report they point out yes, we need to eat less and move more but they say when you see an increase in obesity that's so dramatic over the past 30, 40 years, they say what changed? people, their biological -- this hasn't changed. the environment changed. >> well megyn, you can tell i came here to washington, d.c. because i was hoping that michelle obama and the nanny stagers could tell me

how to lose weight and i didn't realize that writing to the government more taxes would help me lose weight. your premise is people walk into stores and don't find the things they want. i have news for you. in a market system, people sell what the customer buys. that's what stores are doing. mig meg they're buying the wrong things. >> well, exactly -- well, you can say that. do you want the government saying we're going to prescribe for you what you're allowed to eat? that famous question about can we really tell americans they have to eat broccoli? no. the government should not be telling people what to eat. now, i don't think americans mind some information to say by the way, that latte you're drinking every day has so many calories in it, be aware of it, but do you really want a government where it tries to force people to eat the right things and do you really believe this absurd nonsense that the lack of sidewalks keeps people from walking? i'm overweight, if i need to walk, i don't need a sidewalk. megyn: this report, obesity is responsible for an

additional $190 billion a year in health care costs, 15 -- 1/5 of all health care spending and taxpayers wind up subsidizing that to some extent. >> i'm so glad you brought that up. i know lars will truly listen to us now, the females here speaking, okay? we're talking money! we're talking cuts. we're talking saving money with health care. maybe there wouldn't have been the need for the affordable care act which you love to call omabacare if we could combat obesity. megyn: the president refers to -- >> i have an answer for you. by the way, it is market-based. leslie won't like it. but here's the answer. if you want to get people to lose weight, scrap omabacare, let people buy from the private industry, and let the health insurance industry sell the way the car insurance industry does. if i buy a red corvette, they're going to charge me more, a sensible sedan, they charge me less. if -- >> megyn: lars, i see your point. one of the things they raise

in this study is the children and how obese our children are getting. now, don't you -- now, a lot of our viewes, well educated, think about nutrition, try to provide healthy options for their kids. unfortunately, that is not true of millions of american parents who are funneling their kids high fat, saturated fat, cholesterol-ridden choices day and night, and would it hurt to put a little pressure on the fast-food industry and other industries to just make the majority of options out there healthy? megyn, a little pressure won't do it. and you and i both know that. if you look at this situation and say if we just suggest to people better choices, if they currently enjoy eating fatty food, and we know that's why people like eating fatty food -- >> megyn: well, we can't help this generation. it's the the next generation we're working on. >> even in the next generation you're going to have to take draconian measures to specify to people, do you want to have the obama administration

hand out ration cards and say you are only allowed to feed your children so many calories? that's not going to happen. megyn: i got to run but it's an interesting debate, you know? i don't know what's going to happen. but this is a big, big recommendation to a very powerful group, so we will see. >> thank you very much. >> thanks megyn. >> see you soon, panel. >> thank you megyn. megyn: we're getting new details on a breaking story we are following. we just spoke with the u.n. been about an accident, about this accident that killed one of their nuclear inspectors near this sensitive nuclear plant in iran, a second inspector critically injured. we told you that. and now we have a live report from the middle east, coming up. and, before president obama sent the navy seals into bin laden's compound, did the white house come up with a plan to protect the president in case things went south? in three minute the, what form -- minutes -- not protect his security, protect him politically. in three minutes what former attorney general michael mukasey is telling us about a cia memo.

>> leon panetta doesn't sit down and just sort of write this off the top of his head because he feels like doing it. >> a memo for the record? >> why do people draft memos for the record? >> megyn: generally in litigation, it's to cover yourself. >> thank you. with progressive mobile. great! tyler here will show you everything. check out our new mobile app. now you can use your phone to scan your car's vin or take a picture of your license. it's an easy way to start a quote. watch this -- flo, can i see your license? no. well, all right. thanks. okay, here we go. whoa! no one said "cheese." progressive mobile -- insurance has never been easier. get a free quote today.

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last week, a former attorney general of the united states, highlighted a memo that was drafted by the cia, by leon panetta, over at the cia, saying that this memo was meant as political cover for the president in case the raid failed. that way, they could potentially blame navy admiral william mcraven, seen here, the commander in charge of the bin laden raid one year ago. joining me now, that former attorney general, michael mukasey. attorney general under president bush. general, thank you very much for being here. so it is a memo that we have right here, it is on stationery by the cia, by leon panetta, and it talks about the direction from the president of the united states prior to the raid on bin laden, and i want to tell our viewers what it says. it says, quote -- first it says the attack has been authorized, it says the timing, operational decision making and control are in admiral mcraveen's hands, the approval is provided on the risk profile presented

to the president, any additional risks are to be brought back to the president for his consideration. the direction is to go in and get bin laden, and if he is not there, to get out. you say that this memo is very telling. how so? >> in a number of ways. first of all, i never have seen or heard of anything like it. secondly, it doesn't reference what the risk profile was that was presented to the president. all it says is upon the risk profile presented to the president, it doesn't even reference the document or anything precise. it also says that any additional risks must be reported back to the president, and how, pray tell, do you do that, once an operation is underway? >> megyn: right, when you're at the bin laden compound in pakistan, you assess an additional risk, you don't -- you tell me, but it seems impossible or unusual for the commander to go out there and call the white house and say this is what we've seen.

>> it's bizarre. and it doesn't -- it's not the sort of thing that crops up in a vacuum. leon panetta doesn't sit down and just sort of write this off the toch his head because he feels like doing it. megyn: that's it, memo -- it's a memo for the record. >> why do people draft memos for the record? megyn: generally in litigation it's to cover yourself. >> thank you. megyn: well, why would he do it, though? generally you look at this and you think okay, what if the bin laden raid had gone south, could the president really defend himself by saying look at the memo! i called leon panetta and said have the admireical call back if the risk assessment changes. no one would have accepted that. >> i have no idea, and whether it speaks some reluctance to do this, that has more to it than that memo, i don't know. i know that jack keene retired vice chairman of the army has said that he has

spoken to people who participated in the decision making process and that there was a good deal more hesitation than has been suggested. megyn: you say -- and you've been a critic of president obama's in some matters, but you say that this is telling because, among other things, it's not in your opinion what a leader would do. and you look back to history to make your point in an opinion you wrote in the "wall street journal". tell us. >> well, contrast this, for example, with what the president that president obama says he models himself on, abraham lincoln, did people criticized general mcclellan and secretary of war, ed ain stanton. he says whatever mistakes they made, i'm to blame. i'm responsible. by contrast, when the war was over, he didn't take credit for that. he gave it to general grant and the troops. megyn: when general lee surrendered. >> that night, he made a speech from the window of the white house specifically

disclaimed any credit for himself, gave it all to general grant and the troops, then talked about the upcoming problems of reconstruction. look at dwight eisenhower, before the no mandy landings, he drafted a memo in case they didn't succeed. mig mig major event in world war ii. >> he said i picked the place where we landed, the troops, the air men, all did their best and their most valiant. any blame belongs to me. megyn: we have that quote, just so our viewers know. this is what general eisenhower had drafted to say if fore mandy did not go as planned he said my decision to attack at this time and place is based upon the best information available, the troops, the air, and the navy did all that bravery and devotion to duty could do. if any blame attaches to the attempt it is mine alone. >> then a week later when it was clear it succeeded, he issued a memorandum, this time for public con vumtion, giving all the credit to the troops, he mentioned him only in the last line to say i'm proud of you. megyn: >> --

>> big difference. megyn: we bumped in with that ad, veterans for a strong america. there's another ad that says president obama saying i gave the order, i did this, i did that. we looked at that speech on the night that bin laden's killed and he also gave credit to the seals. you know, he spoke in the first person some but he also gave credit to the seals. what's so controversial about that? >> what's controversial about it is at a time like that, to put yourself in the middle of it at all is really questionable. and i mean, i simply pointed out that he had, and the controversy it seems to me is something that has engaged other people, as well as me. megyn: you were attorney general of the united states back in late '07 through the end of president bush's presidency. in your experience, have you ever seen anything like this? you know, i mean, presidents making a controversial decision -- i mean it would have been controversial if it had failed, if we had

lost navy seals -- but a bold decision and calling up the director of the cia and saying put this in a memo, or somebody from the white house saying put this in a memo, this is what the president has authorized -- authorized, no more, i want it in writing. >> no. never saw it, never heard of it. it's the only document of its kind that i've ever seen or heard of. and again, i think this is not the entire story. this is part of a narrative. and how much more there is to it i think remains to be told. megyn: general michael mukasey, thank you very much, sir, always a pleasure to see you. >> good to see you. megyn: see you soon. coming up, a first grader has been suspended for serenading a classmate, as an elementary decides that a wildly popular pop song constitutes sexual harassment. party rockers, stay tuned! blorchg blorchg this is delicious okay...

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>> ♪ >> ♪ >> ♪ >> ♪ >> megyn: wait! that's the part. okay. you know the song. it gets stucks in your head. yeah! i'm sexy and i know it! you're not going to get the payoff! forget it! we've got it all wrong! but that song is at the center of a growing controversy at a colorado elementary school. sorry. a first grader, repeated the song's lyrics to a classmate and he was not only suspended but accused of sexual harassment. trace?

>> reporter: during kids' programs on tv and the entertainment, the i'm too sexy song is everywhere from elmo on sesame street to the m & ms. watch: >> hit it! >> i'm sexy and i know it! >> ♪ >> ♪ >> ♪ >> ♪ >> reporter: so now, six-year-old devante meadows has sung that song three times to the same girl at his school, one time lifting his shirt at lunch and singing it. the school suspended him for three days for sexual harassment. here's devante's mom. >> so many people are outraged that a six-year-old would be charged with this kind of thing at school, you know, without the full comprehension of what it exactly means. >> reporter: ah, but the school says it falls into the antibullying policy, they say and i'm quoting, sexual harassment refers to behavior not welcome, personally offensive and transfer interferes with the learning of the victims and

sometimes their peers. this is not a criminal definition. look, devante's mom and devante both admit it's not appropriate to sing this song and lift your shirt but mom wants that sexual harassment charge overturned. listen: >> i'm hoping they give us an apology and a clear picture of why they decided to call this sexual harassment. if he sticks with this charge at school, this follows him the rest of his life. >> reporter: we should note devante is now back in school, mom has met with the school and the school is now reserving the right to change that sexual harassment charge to something else if they so choose to do so. megyn. megyn: yeah, next up, that green m & m! he's also in a lot of trouble! thanks trace. we have a breaking news story up for you next on this issue out of iran, this u.n. nuclear inspector, killed near an iranian nuke plant. his partner, critically injured. we go live to the middle east. what's really going on there? right after the break.

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megyn: this is a fox news alert. we are getting details on a u.n. nuclear inspector in iran who was killed in a car crash near a nuclear site. the timing of the inspector's death raising questions about what happened and whether this was an accident. a brand-new hour of "america live." welcome, i'm megyn kelly. the deadly crash comes a day before a new round of talks between the iran, the u.s. and other world powers. it also happened near a plant where the u.s. suspects iran may be processing uranium for a nuclear warhead. >> reporter: there are more questions than answers. the iranians are doing the investigation here. they are leading it, they know

everything about what happened there. nothing to suggest a little bit of foul play. the iaea hot inspectors work for is based in vienna. they said they are not going to speculate on how this man died. other one was injured outside the heavy water reactor facility outside of tehran. they were visiting this facility. we don't know if they got inside. we are look at it from the outsight. their car skidded off the road and rolled over. one inspector from south korea was killed and another one survived. there has been a lot of evening went inspectors and the iranians. the inspectors want to go a lot of places where they suspect the enrichment is going on and they have been refused access in a number of places. over the past year or two there have been a lot of bad things happening to iranian nuclear

scientists. iran tends to blame the israeli intelligence service. but for lack after better term, the iranian nuclear inspectors are on the same side as israel so it won't make a lot of sense they were killed by the mossad or u.s. intelligence officials. if they learned something that was so explosive to report back to headquarters that the iranians had them killed in what was staged to look like a car accidents. there are 26,000 people who die every year on iran's roads for no other reason that there are notoriously horrible drivers there. and this is a traj deck car accident. of course, we don't have information to suggest it's anything other than that. when they are finally able to interview or at least get back

to headquarters, that other inspector who survived this crash will be able to shed a lot more light on what happened here. whether it's something sinister or something fragile. megyn: we are tracking fallout after the cia derailed an al qaeda terror plot. with word bomb experts are pick awart an explosive device to see if it could have slipped past airport stuart. it's said to be an upgraced a so-called underwear bomb. the thwarted bomb plot underscores the fact that the war on terror may be far from over. ralph peters is a strategic political analyst. they say this group, al qaeda in yemen tried to bomb a flight. they didn't get onboard the

flight because the cia was on to them. but the device would not have been detected by the magnetometers. there are pleased to be several other would-be bombers are similar non-metallic devices that could get through airport security screening. what does it tell you? >> the administration's declaration that the war and terror was over was slightly premature. this is a good news-bad news story. the bad news is the islamist terrorists were obsessed with killing americans are not going to quit. it's a problem that will be with us for a very long time to come. probably in my lifetime but not yours since you are still in your 20s. however, the good news is put it in perspective. they are still trying to kill us. but we killed so many of their leaders. we put so much pressure on them,

this is what they are reduced to trying to get a small bomb onto a plane. think back to the monstrous atrocity of 9/11 when the terrorists leveraged the technology and wealth against us. now they are trying to get a bop that can't be detected in somebody's underwear. i'm not making light of the threat. they will continue to try. but i want to give the men and women in the cia, in our armed forces, a lot of credit. they have killed a lot of terrorists and killing terrorists works. megyn: they are so determined. this guy behind this was the same guy who designed the bomb from the failed printer bomb car go failed bomb threat in twine. another one put the bomb inside the brother. then he made the underwear bomb, then he made this bomb.

i think there is a pen talt by some that we need to change our policies. we need to be different as americans and then we'll get different results. >> we need to change our policies. we need to get tougher on terrorists so we don't have a repeat of the circus in uganda. -- circus in guantanamo. i studies insurgencies for the last 2,000 years. is there not one example in 2,000 years of an insurgency driven by religious fanaticism appeased by negotiations. you have got to kill the hard-core believers. our guys at the front lines are doing a good job about killing those bomb makers. thomas edison pointed out that persistence is the better part

of genius. these guys are tenacious. in their minds they are on a mission from god to kill americans and attack america. plus being a religious fanatic doesn't mean you can't be a brilliant bomb maker. as we saw on 9/11, it's unweiss to underestimate your opponents. knock off the nonsensical belief that we can appease terrorists. megyn: they go back to the airliners again and again even though we have been told by some to move on from the airliners. >> it's like the guy who was a football star in high school and never did anything else for the rest of his life. he always harps back to the big homecoming game. 9/11 was the homecoming game for al qaeda. cause their one huge

accomplishment. they are obsessed with airliners because it's such a component of their one great effort. and it gives you very graphic images. so for them it's a 3-fer to go after airliners. megyn: i think that why a lot of these americans tune out when we get stories of a thwarted plot. they don't want to give the fear factor. you say there is on one thing to do with terrorists and that's to kill them. what about the concern of making martyrs out of them? >> when you kill a terror you do not make a martyr. you make a dead terrorist. we heard back in iraq don't kill

moussaoui. we killed him and no one has been demonstrating. then the naive yea seals got the big guy, usama bin laden. how many demonstrations will we seen around the world saying remember usama bin laden? it's on the hard-core fanatics who are still loyal to bin laden's memory who want to get us. al qaeda's stock has fallen dramatically because it has killed far more muslims than it has killed westerners. though i'm not underestimating the threat. the arab spring brought many problems and will frustrate us forever. but not as much as it frustrated muslims. al qaeda thrives on dictatorships and oppression where people don't think they have a voice. if you wherever they have a voice it makes them less likely for them to sign for al qaeda's

extreme -- extreme fanaticism. stop groping granny at airport. focus on cultural and behavioral profiling. not racial profiling. at the end of the day we need to take a more effective and efficient approach to security while sparing no effort internationally to hunt down terrorists and kill them wherever we can find them. megyn: ralph peters, thank you, sir. we mentioned a moment ago the so-called underwear bomber. he was sentenced to life in prison this last february. he pled guilty to conspiracy to commit terrorism. the charges were all in connection with his attempted bombing of a northwest airlines flight on christmas day 2009. it was the tanner in the bathroom with the magazine rack.

a south florida man stands accused of second degree murder. his self-defense. it wasn't him. it was his wife's self-tanner that did her in. wait until you hear the critical 911 phone call. the obama reelection campaign targeting the billionaire koch brothers. some say they are trying to tear down private parties to donate to the republican party. >> the response to the attacks we expect to continue from not just from around the campaign but from, you know, the koch brothers contract killers over there in the super pac wing. i h. and i thought "i can't do this,

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megyn: a debate over free speech as the obama reelection campaign goes after private citizens for supporting the other side. david axlerod called out again charles and david koch. along with karl rove as quote contract killers for turning super pacs hat run ads attacking the president. >> we are going to be prepared to respond to the attacks we expect to continue from not just from around the campaign, but from, you know, the koch brothers killers and carr and super pacs that will continue to pound away on behalf of governor romney. we'll respond vigorously.

we'll treat every ad that comes from those entities as an ad from governor romney. we'll compare our record and vision with his and let the american people decide. megyn: the koch brothers have emerged as a favorite tarring is of the 2010 campaign. they were accused of not paying their taxes and an ad was launched that went squarely after the koch brothers. we had you on the last time to talk about the last attack against your employers and the obama campaign does not seem deterred. why is this a problem? >> i think every american should be concerned about it, because it's inexcusable to have someone like david axlerod. we are not talking about a random supporters at a campaign event. we are talking about one of the top advisors to the president

and he's using violence language and imagery to attack private citizens to have the he -- have the temerity to disagree with the path the president put this country on. megyn: axlerod would say, i'm sure, i didn't mean they were contract killers. there is an express they give money to groups that take shots against the president. >> if this were an isolated incident maybe that would be plausible, but it's not. what we have seen is an orchestrated and sustained campaign that has gone on with the president's office all the way through this occurrence yesterday against singling out private citizens, charles and david koch have built an

american company that employs 50,000 citizens across the land and they believe free markets are the path to prosperity in the future and they believe history has shown that. it's not personal for them. apparently it's personal for the president. he not only singles out the people he called enemies. by also has a tendency to award his friends, aka solyndra. megyn: there was a woman at a romney event who referred to the president in disturbing terms and said he should be tried for treason. the obama campaign lashed out at romney for failure to condemn those hateful and extreme remarks. do you think they need to apply that same standard across the board? >> they should look in the mirror. remember the speech where jim hoffa was introducing the president of the united states and talked about taking the sons

of and i'll say witches out, and the president walked on stage and pretend he hadn't heard a thing. there wasn't a problem with that "take them out" language coming from a labor leader. megyn: when you have a supporter at a rally who makes extremist comments versus david axlerod loosely using the phrase "they are contract killers." >> i think there is no comparison between a random supporter saying something which the candidate does not agree and a top advisor. i would reference back to when a senior white house official on a press call called into question and implied the koch industries had somehow committed some impropriety. that was completely false. there is a treasury investigation and there is an alarming tendency to not just call names but apparently use

the force of government to go after their political opponents. these are private citizens who had the temerity to disagree with the president. megyn: what about george soros. he's going to open his checkbook to the tune of $2 million to several liberal groups who will go after mitt romney. and this is suppose to be part of a $100 million spending effort by this group called democracy alliance. they are going to go after mitt romney. he's a rich guy on the democratic side. you work for some rich guys who donate on the republican side. is this tit for tat, good for both sides? >> i think it's hypocritical for the obama campaign to be throwing stones whether it's a super pac or grassroots organizations or organizations

that focus on research. they are involved in all levels of support for groups on that side and it's the same that occurs for groups that believe in smaller governments. that's part of the debate. megyn: given all the incoming the koch brothers have tang, private citizens. are they deterred? >> not at all. they will hang tougher and continue to advocate the policies to help the country. megyn: thank you, nancy. a florida man facing charges in his wife's death. he says it wasn't he who killed her, it was herself-tanner and he found her dead in the bathroom. police say this 911 call may be key to the bizarre case. we'll play it for you in "kelly's court." >> she is not breathing? >> no, she is not breathing no,

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megyn: get ready for the next big bailout. the postal service is bleeding money and congress has a plan to save it. but that legislation puts taxpayers on the hook for $34 billion. add that to the $245 billion the taxpayers ponied up to bail out the banks, then the auto industry. then the shrimp that runs on the treadmill. but's another story. william lajeunesse joins us with the post office report. >> reporter: the post office loses $25 million a day thanks

to people using email and electronic banking. the agency wanted to begin closing post offices to stop the red rink. but some in congress will not let it. the senate passed a bill that the cbo says will cost $34 billion. it does not allow the postmaster to close 250 mail processing centers and 3,000 rural post offices that he says is necessary. the subsidy also fully funds the union retirement funds. some in congress say taxpayers should not be forced to sustain a business model that started going out of business long ago. >> the post office is not in the 21st century. it's still 50 years behind and we have to bring it up. we have to modern iertss and allow us to take advantage of the market trends that allow for better delivery of the postal service's mail. >> reporter: how much could this bill cost you?

log on to foxnews.com. if you make $30,000 to $50,000 this will cost you $55. if you learn $100, your share 1,000. the senator argued this is not a bailout. only rate payers, those who buy stamps pay the cost. we typically rely on the congressional budget office that shows and on-budget score to taxpayers. megyn: a construction worker falls into a massive vat of acid and his co-workers risk their own lives to pull him out. what you do it? big questions as to what the president plans to do with the potential second term. the white house keeping those cards close to the vest.

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megyn: ever since that hot mic moment with former russian president dmitry medvedev, there are questions about what he plans to do in his second term when he will have more flexibility as he puts it. richard trumka is at the white house all the time. he says he knows but he's not telling. >> have you had specific conversations with president obama about what his agenda in the second term would be? >> i have had conversations with the president and his staff and cabinet about things of that sort, yeah. megyn: joining me now political consultant mark hanna. he was an aide to the john kerry

campaign. political consultant and national correspondent for talk radio. it's no mystery what president obama says he's going to do in his second term. he's going to focus on immigration. the implication is there will be more. >> he and his union friends are going to spends $200 million to re-elect president obama. if this second term if the president were to win it. he would be inheriting the mess he created. not george bush's mess which he blamed in the first term. he has failed to address debt and deficit. no tax reform, no entitlement reform. he has to deal with that. he has four more years. it will have to happen during that i'm or we'll be over that edge that people already know we

are on. megyn: has anybody told you you look like jimmy stuart. >> how do i compete with that? just saying. i'm going to profit to you in a couple minutes. is there something not on the agenda that the president could not do. second term, no constraints about he election. >> the president is talking to everybody who will listen about what he's going to be done on the second term. yes he's talking to trumka and industry organizations throughout the country. he shows he's an inclusive president. he leads and listens to some who have some say. megyn: the question is whether he's going to do something by executive order, something you wouldn't have to worry about. we showed the clip of the woman up on the campaign reelection web site, then they took it

down, then it's on, there is no reelection to worry about. what does that mean? >> i'm not conspiracyial at all. is the president going to do more than he tried to do in his first term in probably. i'm more concerned as an american of what he may be unwilling to do with he wins that second term. he at some point has to be honest about the fact that we can't grow this debt and deficit without a plan. he has not proposed a budget that passed once. those are things -- megyn: if things state way they are, not a lot will get done because the republicans control the house. not a lot has been happening the past few months. so what does happen the second term? >> that reflects on the polarization and the roadblocks being put in place by congress.

we can play as many hot mic moments as we want and have conspiracy theories. he has nothing to hide. the on reason we know who is meeting with the path is he led one of the most transparent in our nation's history. and they show the white house logs because they are committed to transparency. if you look at mitt romney. when he is telling secrets to his funders it's private off the record fundraising events saying he's going to eviscerate the department of education. he said gut. >> i don't know if it matters that romney said it to a bunch of fundraisers. megyn: it's coming up in part because of joe biden on gay marriage. does the president speak for you? is he backing gay marriage which

he didn't before? they say it's evolving. what does that mean? >> the president has spent the last two years spending his time on policy margins, talking about gay marriage whether it be through bind or himself to get the gay community behind him. talking about the buffet rule. talking about student loans to get the youth vote on his side. he's acting like a candidate trying to win a campaign. he can't play the same card. i worry about him solidding my children and our future without a serious plan to solve the problem. megyn: you tell me, jimmy -- just teasing, you tell me whether the people who support president obama because he hasn't gone as far as saying he supports gay marriage. he only said his position is

evolving. if we get into the second term and he says i do support gay marriage. are they going to say, what? it's such a shock? it's such a change from the evolving position i banked on when i voted for him. >> the president has been consistent on this issue. i'll quote winston churchill. if you don't have the ability to change your minds, are you sure you still have one? this is the rights issue of our generation. states are recognizing this state by state. and this is going to become for many americans the last vestige of institutionlallized discrimination we have in this country. >> why does he just cop out and say what he wants to say. you don't know what the president believes in his heart. he has a complex world view.

he's drissen by his value system and faith as a christian. >> what's happening in north carolina today. a ban on gay marriage and he won that state. he's holding his democratic convention in that state to that backdrop. does he want to take it head-on? no, but he wants to send a message via the vice president, come next term i may be where you are. >> the vice president is capable of independent thought as we have seen through other members of the administration. they can speak on their personal opinion. which is what the president said when he was on the morning shows. the president's policy hasn't changed. it's a diversion for the administration and it will be interesting to see what happens in the second term. all the policy positions tony alluded to, the millionaires are

paying their fair share. megyn: how has your life changed since "it's a wonderful life." megyn: look at the camera. look. mark hanna, thank you very much. i'm just saying. he's the spitting image. like the reincarnate. moving on. a florida man claims woke up and found his wife unconscious on the floor. then he called 911 in a panic. but was it real? police believe it was an act. you get to be the jury next in "kelly's court." i'm a marathon runner,

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megyn: death by spray can? adam kaufman accused of killing his wife. the medical examiner says the wife lin sarks died by strangulation. but the defense legal team claims lina had a violent allergic aaction to her spray tan. which caused her to collapse zwront magazine rack and it strangled her.

megyn: joining me now, joey jackson. so it took the medical examiner over a year to declare this case a murder. but now the m.e. says he's sure that's what it is. this guy has been charged with second degree. how do they get second degree murder if it takes the medical examiner a year plus to declare this a homicide. >> it's not unusual for it to take this long. it takes a long time for the m.e., especially when the charges are so he tbree just. they -- so egregious. they didn't suspect the husband until they saw ligature marks that could have been done with strangulation. that's probably why he took so long to declarity was a

homicide. megyn: he says she was killed by mechanical strangulation. and force would have to have been applied that forced her to stranglele. there are marks on her necks. he claims she had an allergic reaction to her spray can. >> at first i was sceptical and thought what is this? but i think it's plausible. people have reactions to many things. the defense has to explain the compression to the neck. how do you explain that? she slipped, hit the magazine rack. the neck was come pretiond and that would explain why she had that neck issue. we know she has a medical condition. that results in her faingt and results in her having a heart condition. megyn: she did not have a heart history. >> that's what her attorneys are

claiming. >> the spray can is a simple sugar. it's improbable it could have caused a severe violent reaction. megyn: we don't need to rely on the lawyer's conclusion because we are bringing in a special expert witness. dr. marc siegelle. dr. marc, is it possible for a spray can to cause someone to have such an he letter jim reaction that they d such an allergic reaction that they collapse on a magazine rack? >> they can tell whether this was a strangulation. second point is, the cha that mercedes is talking about jenny would cause only a skin rash only if you had severe asthma and you breathed it in

accidentally. you are sprague it on. could it cause dizziness or shortness of breath. the chances of this causing a blackout then death is almost inconceivable and does not raise to the level of a reasonable doubt. it's almost inconceivable. if she was a severe asthmatic -- >> you would concede, doctor that people have allergic reactions to many things, would you not say that? >> yes. >> would you not also say everybody's physiology is different and i might be allergic to one thing which you are perfectly fine with, would you agree with that. >> absolutely. but an autopsy can tell the difference. >> what they are suggesting is as a result of her fall it resulted in the compression, not so much that the spray can caused anything and the family will testify that he had nothing to do with it and she had a history that might lead to this. >> the history would have to be

severe asthma. not what he's talking about. if she had a history of severe asthma it could affect her breathing. i think it's inconceivable that it would cause her to black out. i want to ask the lawyers this. the 911 call goes on and on for 20-plus minutes. you tell me whether this can be used against the defendant. listen to this excerpt. megyn: a little dramatic. >> he deserves an academy award

for that performance. he's on the phone for 23 minutes. you find a loved one collapsed in a heap you are calling that 911 operator saying please send someone help, help. don't stay on the phone for 23 minutes. the operator, is she breathing? no, she is not breathing. you are going to do cpr but get that ambulance. megyn: the defense wanted to introduce that they claim he passed a lie detector test. >> it's significant about it many not admissible. these are the words of a compassionate hysterical husband. who had no other alternative. what is he to do snow's on the phone. he's desperate for help and he's so upset and distraught he had no choice but to stay on the phone. he's perfectly dressed.

he had his expensive watch on and the cops when they arrived the hood of the car was warm. the jury is not going to buy it. megyn: we'll be right back.

megyn: the latest rasmussen report finds mitt romney leading president obama. governor romney earning 49% compared to president obama's 44%. the race has been extremely tight in recent weeks with mr. romney leading mr. obama in six of the last 12 days and the president leading on the other six. you can catch governor romney on hannity * which airs at 9:00 p.m. eastern time right here.

an amazing story of heroism. a construction worker falls into a vat of corrosive acid and his co-workers risk their own lives to pull him out. >> reporter: this was the first day on the job. none of these workers even knew each oath. they were repairing this roof. so 44-year-old martin davis was doing iron work on top of the roof. he fell directly 40 feet into that vat of nitric acid. he was fully submerged. there are reports a coworker jumped in there and got him out not true, by did reach in and grabbed him out. when the fire department arrived he was in shock. and clearly in despair. >> he had injuries from head to foot. the severity at this time we don't know. but he was conscious but in a state of shock when we arrived.

>> reporter: he had a punctures lung, broken pelvis and burns over much of his body. here is his father. >> the bad part is the vat of acid he fell in was nitric acid. you throw a quarter in that in one minute and it's gone. luckily that guy dragged him out. i don't know how long your skin can survivor in nitric acid. >> reporter: it was 40% to 70% nitric acid so it wouldn't eat a quarter away or metal but it would do severe damage to your skin. megyn: did you say we don't have the prognosis yet? >> reporter: he's broken pelvis, a mess, burns over much of his body but he is expected to survive. megyn: trace, thank you. a party?

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