>> grab my wallet. bill: the scream went for 120 million. could pay down the national debt for an hour. great to be with you. "happening now" starts right now? >> yes. bill: indeed it does. catch you tomorrow. jenna: foiled airline terror plot being compared to the failed underwear bombing of christmas 2009. some stunning new revelations the would-be bomber is a double agent. jon: a legend in the u.s. senate goes down to defeat after nearly four decades. dick lugar falls to a tea-party backed republican challenger. what does it mean for the presidential election? jenna: big question today. more salacious testimony in the john edwards corruption trial. an obama administration official will testify about a heated argument among edwards, his late wife and big donors. all over support for this pregnant mistress. we're live at the courthouse with more on that. it's all "happening now.".

jenna: we are america's election headquarters and today we also have this for you. some major developments on the political front across this country. we're glad you're with us everybody. i'm jenna lee. jon: i'm jon scott. voters in several states made their voices heard. in indiana it is the end of an era, veteran senator richard lugar concedes defeat for first time in four decades. the 80-year-old republican gets boosted in his own primary losing to challenger richard mourdoch, a tea part-backed candidate. mourdoch faces democrat joe donelley in november. the recall election of the rematch of the 2010 race with republican scott walker taking on milwaukee mayor tom barrett. the recall effort coming after governor walker's controversial decision to limit collective bargaining rights for state employees. that sparked massive protests last year. you probably remember those. over to north carolina where

the big issue was the constitutional amendment defining marriage soulias a union between a man and a woman. voters overwhelmingly approved it and north carolina becomes the 30th state in the nation to adopt at ban on same sex marriage. meantime governor mitt romney picked up presidential primary wins in north carolina, indiana and west virgina. today he is in colorado, one of the 12 swing states that very well could decide the presidential election. chief political correspondent carl cameron live in washington for us now. carl, the president won colorado last time around. does mitt romney think he could take it back? >> he does. he recognizes it will be tough, expensive but it is possible. there are about a dozen battleground states as you said and they are all likely to decide this election in one way or another. colorado has nine electoral college votes and very much in play. it swung from republican in 2004 to democrat in 2008 when mr. obama beat then

senator john mccain by 9%age points, 53-44. lots of moderate swing voters and independents in colorado and romney spent much of yesterday calling president obama an old-style liberal for a reason. listen. >> look, we're now in the longest, slowest recovery in recorded history for this country. and it is because the president's policies are so tuned in to the old liberal approaches of the past they didn't work back then. they're not working now. >> reporter: governor romney on sean hannity's show last night. romney yesterday accused the obama administration and democrats today of essentially abandoning the centrism of the clinton era in the '90s and returning to outdated, failed big-government liberalism of the past. that is going to resonate with moderates in states like colorado and those other 11 battleground swing states. jon. jon: i hear the pro-romney super pac is taking a sort of pre-mother's day whack at the left? >> reporter: retore our future.

this is the group run by former romney staffers and advisors. the new, pre-mother's day card recounts the recent so-called war on working moms that put democrats on defense for attacking ann romney. watch. >> ann romney raised five boys. she successfully battled breast cancer and multiple sclerosis. what does white house insider hilary rosen say about ann romney. >> guess what, his wife never actually worked a day in her life. >> and bill maher gave a million dollars supporting obama attacks. >> ann romney has never gotten her ass out of the house. >> happy mother's day from barack obama's team. restore our future is responsible for the content of this message. >> reporter: most national polls suggest romney is pulled to virtual tie against the president and gaining ground in all key battleground states. more voters find the president more likeable. mother's day cards like that could sort of scuff him up a

little bit, john. jon: seems like powerful ad. >> reporter: nasty. jon: carl cameron, keep an eye on that campaign for us. thank you. jenna: new information on the failed al qaeda bomb plot. turps out the would-be bomber dispatched to blow up a airplane was a double agent, working for cia and saudi intelligence who infiltrated the terror group in yemen. the agent turned the bomb over to the fbi. u.s. intelligence sources say it i lacest work of this man on your screen. he is top bomb-maker for al qaeda in the arabian peninsula. it is a name we should know. he designed the device used in the failed christmas day bombing attempt. that was in detroit back in 2009. today house lawmakers take up issue of airport security. the house oversight committee set to grill tsa officials on their response to this brand new threat. doug mckelway is live in washington with more on this. doug, sounds like the tsa is certainly under a lot of

pressure. >> reporter: yeah, from a lot of directions, from al qaeda and also from congress. even as americans are seeing new emerging threats with reports of al qaeda's new, more advance underwear bomb the tsa today will be put under new scrutiny as congressional investigators examine the mammoth tsa bureaucracy and whether it is a hindrance to effectively protecting the american public. house transportation committee chairman john mica is concerned that the tsa grown to top heavy unmanageable agency and evidenced by 400% increase in workforce since founding. to affirm his concerns it now come to light in an abc report millions of dollars worth of explosive detection equipment going unused sitting in a warehouse in grapevine, texas. among the security equipment uncovered by investigators, 473 baggage scanners and 54 explosive detection systems. $184 million worth of equipment sat idle more than nine months even as nearly 300 airports across the

country lack the newest and best bomb-scanning technology. in a written statement the tsa responded overwhelming majority of all screening equipment in storage, nearly 80% has been warehoused less than a year. and it added that the temporary storage of equipment is necessary while new agents are trained, jenna. jenna: a lot of questions on that, doug. talk a little bit about this congressman who is calling for the resignation of the tsa administrator. who is doing that? >> reporter: yeah. it is congressman paul bruin, a republican from georgia's 10th district. calling for administrator john pistole to resign immediately. he said numerous allegations surfaced that tsa agents lack proper training or simple professional characteristics when dealing with airline passengers. and that some of them are corrupt. there has been allegations that some helped to transport drugs through the screening process. he says that the tsa has become nothing more than a

bloated, broken bureaucracy which violates american civil liberties while doing very well to insure their safety. very, very harsh words indeed, jenna. jenna: certainly. doug we'll continue to watch this story. thank you. jon: right now one of president obama's staffers set to testify at john edwards' campaign finance trial. jennifer palmieri is currently white house deputy communications director but she was a campaign spokeswoman for edwards back in 2007. today she is expected to testify about an argument she witnessed in an iowa hotel room in october of that year. apparently edwards' live, elizabeth confronted donors about support for her husband's pregnant mistress, rielle hunter. she said one of them called00er a loose cannon who had to be kept happy. jonathan serrie live in greensboro, north carolina. tell us more about this testimony, john. >> reporter: certainly, jon. those donors who were apparently in that hotel room confrontation where

fred baron and his wife but the prosecution is attempting to do is establish that john edwards was well aware of the money that was behind keeping his pregnant mistress in hiding. the prosecution also has been calling another witness to testify, former speechwriter, wendy button, testified that edwards told her in 2009 he had only recently found out about $725,000 in checks that another donor, rachel "bunny" mellon, had funneled to campaign aide andrew young. but she said he did acknowledge he was aware of support from fred baron and his wife. according to button, quote, he knew fred had been taking care of things all along but he didn't know the details. now button says edwards approached her in the summer of 2009 to help him draft a public statement admitting paternity of baby francis quinn hunter. but she testified that edwards cited legal and

practical reasons for omitting a sentence about his knowledge of the money involved with supporting her. instead they addressed the money in question with this statement. quote, some people without my knowledge, supported quinn. prosecutors asked her about that statement. button said i knew it wasn't true so i wanted to make sure if we released a statement it was accurate. the prosecution asked, what wasn't true? button said, without my knowledge, referring to that one phrase in john edwards' statement. now button is on the witness stand today still giving more testimony to the prosecution and is expected to face cross-examination today by the defense. jon? jon: there are reports that edwards himself looked pretty perturbed at all that testimony yesterday? >> reporter: yeah, he was indeed. while wendy button was testifying, particularly about how details of his affair was made public, a time he was explaining the affair and apologizing to his staff. john edwards was seen

burying his head in his hands. during a break he slowly walked out of the room. his lead attorney, abby lowell, followed after him. it was the one-time that he seemed the most visibly upset in that courtroom, jon. jon: some very big drama there in greensboro. jonathan serrie, thank you. jenna: from one big story to another, new demands in the "fast and furious" investigation. chairman of the house oversight committee, darrell issa, says attorney general eric holder can still avoid contempt of congress proceedings if he cooperates with a congressional subpoena. issa is with us. he will join us next on that. jon: also new concerns that the taliban is actually growing stronger. we'll talk with one lawmaker about why he thinks that is the case. also incredible new revelations in the foiled bomb plot we learn about yesterday. turns out the u.s. had a double agent who infiltrated some of the deepest ranks of al qaeda and was assigned

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[ male announcer ] 5-hour energy. every day. jon: some new developments now in the "fast and furious" investigation. house oversight committee chairman darrell issa extending a hand to attorney general eric holder, saying the ag still can avoid contempt of congress proceedings if he hands over critical documents related to that botched gun-running scream. at a recent "fox news poll" backs up the idea that the attorney general should be held responsible for the bungled operation. 34% of registered voters say holder should be fired. 32% say he should be reprimanded. joining us california congressman and chairman of the hoist oversight and government reform committee,

darrell issa. how many documents has the attorney general given your committee? >> we have had about 7,000 pages which seems a lot until you realize a bunch of them were off a public website. the attorney has over 80,000 pages. it is not amount of pages but it is a question of did he answer our questions. we have a faums document on february 4th. ten months later they admitted there were material misstatements but outright lies about gun-walking. we asked who created that document and who caused us to be lied to? we received no answer on that. jon: does it suggest to you you will have to move forward with these contempt proceedings you've been talking about? >> jon yesterday i sent a letter to 31 of my colleagues, all democrats who previously sent a letter to the president asking for the attorney general to fully cooperate. this kind of, and in that letter we sent all 64 pages where we have not been given cooperation. our hope is to reach across the aisle, not just in our

committee but the whole conference and make the case that we need more cooperation. we're hoping that democrats have theable to convince the president to get his attorney general to do what he should do and cooperate with congress, something that historically has been difficult but not impossible. jon: well, you heard the criticism this is just a political witch-hunt of sorts because you're a republican. it is republican-led committee and you're going after a, you know, the administration of a democratic president. >> well, certainly it happens with either party in power. i've seen it be harder when the party in the house is the opposite party of the president but let's understand, brian terry's family, i don't know whether they're republicans or democrats. many are high-ranking people in law enforcement who just want an answer to who is responsible for brian terry being killed with weapons that were given or sold to the worst of the worst by our own government. jon: well, and you have gotten support from some

members of the democratic caucus including joe donelley who says, he supports your efforts to get more information out of the attorney general's office. >> well, jon, that is exactly what we're trying to do. we're trying to depoliticize this. make it about getting to the truth. make sure people understand this is too important to the american people to make it about politics. will we go to contempt? of course we could but the fact is what we want is the kind of discovery and the kind of changes the american people want us to have including making sure we never let guns walk again but also that the terry family knows people responsible are held accountable through dismissal, reprimand, whatever is appropriate but clearly that hasn't happened and that's what we would like to get to. we think reaching across the aisle is good way. we make the case. we have career professionals who have prepared these documents and we're going to take the time that is necessary to make sure every member of congress knows what we need, why we need it

and that we're not getting it. jon: congressman darrell issa is the chairman of the house committee on oversight and government reform. congressman, thank you. >> thank you, jon. jenna: as lawmakers like the congressman continue to probe the "fast and furious" debacle a new border strategy is emerging today it is the first time in eight years there has been a change in policy. why the changes are being made and what it means to national security and the illegal immigration problem. we'll have more on that just ahead. plus the foiled al qaeda terror plot raises new concerns about airport security. wait until you hear what screeners found hidden inside a child's stuffed animal. more on this ahead.

jon: the toy was packing. security at at rhode island airport making a startling

discovery during the search of a child's carry-on bag. rick folbaum knows all about it. he is in our new york newsroom. >> reporter: this is quite a story. .40 caliber handgun, gun parts and ammunition that's what was found inside in three separate stuffed animals in the airport. stuffed animals found in carry-on of a 4-year-old boy traveling with his dad from rhode island to detroit. screeners noted weapons. they brought in security. opened up the stuffed animals. found the handgun disassembled. different parts in different dolls. they found ammo too. hear is the airport police chief. >> it appears to be the result of a domestic dispute. it was jointly investigated by the rhode island airport police and fbi and rhode island state police. it was determined there was no threat to air safety at any time. >> reporter: obviously a lot of questions about all of this. i spent time this morning on the phone with someone from the airport police in rhode

island. they wouldn't tell me what kind of domestic dispute the chief was talking about. they told me the man was detained overnight and vetted completely and let go. he and his son allowed to continue on their way to detroit minus mickey and the gang and weapons and ammo as well. against the law to carry a concealed weapon on to an airplane. the man whose name is not being released so far is not being charged. police and fbi are looking into it. there may be an update on this story i'm told later on today. jon: somebody has to ask who packed the 4-year-old's bag i'm guessing. >> reporter: good question. jon: someone has to explain to the kid why his stuffed animals were cut up. >> reporter: apparently he had no idea they were in his stuffed animals. jon: i'm guessing the child is not responsible. rick folbaum, thank you. jenna: i guess we should be thankful they got it and it didn't make through. we'll take that as a positive. i was look for the silver lining there. there are big changes in the

works how we patrol our borders. it is the first major revamp in eight years. it is evolving strategy based on experience border agents gathered over that time period. we have the former chief of staff for u.s customs & border protection. he is also a principle at command consulting group. nice to have you back with us. >> thanks, jenna. nice to be here. jenna: this is quite a detailed 32-page document. for you what do you think is the big headline and how would it affect security at our borders? >> sure. well, let me answer the second part first. it won't have a big effect on security at our borders in any major changes operationally with the border patrol has been doing. what it is really reflex conditions on the ground changed pretty significantly and mostly for the better since the last strategy in 2004. at the same time you had tremendous growth in the border patrol. we were talking about agency with under 10,000 people back in 2004. it had been one year in a new department. now that is a workforce of

21,000 out there. the numbers of people attempting to cross are different. we're dealing with more than a million people a year back in the early 2,000s. now that is down to approximately 300,000, something per year. that's a big shift. jenna: definitely is. the number has dropped but i notice when you look at the goals, the number one goal they have in this plan is of course secure the border. objective 1.1 though is prevent terrorists and weapons. just because numbers are down doesn't necessarily mean that, right, that the threat is any less of, for example, a terrorist trying to come through our borders? >> that is absolutely right, jenna. the threat has evolved. in fact in some ways more difficult challenge than massive waves of first-time crossers we were trying to combat back in 2004. now you have sophisticated transnational, criminal organizations, narcotics, human smuggling, alongwith the ever present threat of terrorism. as we just saw from the last stories on the, attempted

underwear bombing. they will try any means to get into this country to commit an act of terrorism. the drug organizations in mexico we know are just as committed. they're using more violence than ever. so those are different threats than the border 35 troll of 2012 faces than the border patrol of 2004 faced. that is what this document reflects. >> to stop the resolving door policy as it is called, sending migrants back to mexico only to have them try again. i use example of mexico, but as you point out it could be people coming from all over the world. what specifically in this document does it seem the plan is for stopping that? >> sure you have a much higher percentage of people crossing who are trying multiple times because they're not being successful the first time and people who may have jobs or family here they may be criminal aliens. so the difference again today, versus 2004, we actually have a lot more detention capacity because of the lower numbers about

of people. so we can impose more serious consequences. we can put people in detention facilities now for repeatedly trying to cross our border illegally that wasn't really option for large numbers we were dealing with back in 2004. that is a change for the better. they have now put in place what they call a consequence system all aacross the border back several years ago was only in one or two places as a pilot program. now that is a real tool in the tool box for the border patrol. jenna: interesting plan. interesting ideas. we'll see how it is implemented. when we do we'll have you back to talk more about it. always good to have you. thanks very much. >> thanks, jenna, one of the so-called lions of the senate falls to a more conservative tea-party backed republican in the indiana primary. does richard lugar's defeat mean there will be similar events like it in the november elections? a fair and balanced debate on the way. hearings on capitol hill could shed more light on

terror plots of a bomb on a u.s. jetliner. revelations of a double agent at the center of it all but is this compromising security? that's next. wake up!

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jenna: some brand new stories coming up next hour. new polls showing governor mitt romney leading president obama. the finding of survey of rasmussen reports, some interesting numbers as far as ron paul as well. we can't wait to tell you about that. plus protesters showing up

to blast bank of america at the company's annual meeting. but the real fireworks may come from the shareholders themselves. more on that in just a moment. and never-before-seen footage of the guy who became known as jon's favorite criminal, the barefoot foot bandit. jon: the punk. jenna: this is actual pictures shot by colton harris-moore himself during his two-year run from the law. we'll show you some of that. jon: to the fallout now from a political shake-up in indiana. one of the longest-serving u.s. senators just lost his bid to win a 7th term. we're talking about 80-year-old republican senator richard lugar, considered one of the leading experts on foreign policy in the u.s. congress. tea-party backed candidate, richard mourdoch who defeated him in the primary will face congressman joe

donelley to try to win lugar's seat in november. let's take a look at the big picture now. with a tea party-backed candidate ousting veteran senator richard lugar, what does it mean for the presidential election? joining us now, mary katharine ham, with "the daily caller" and fox news contributor. marjorie clifton former consultant to president obama's campaign and principle of clifton consulting. mary catherine, the death of the tea party, rumors of the death of the tea party have been greatry exaggerated? >> yeah. i always thought that is the case. the fact a lot of folks got involved first time in politics in 2009 or 10 figured out oh on a local level i can become a precinct head and those kind of things and gotten involved in a little bit in local politics in way they hadn't before and inside the party the way they hadn't before and you see this like in these things of upset by mourdoch of lugar, a long-standing senator. maybe harder for tea party candidate to keep that seat

although indiana to keep pretty red state. jon: marjorie clifton is it a message to president obama and democrats? >> no. i think so far we've seen that the tea parties effectiveness at primary level but haven't seen it at greater level. even presidential primaries they weren't able to organize and coordinate around one candidate. i don't think this is given. i think this is unique election, one he is 80-year-old man. he served six terms and frankly news of him not lived in the state for past 36 years meant he sort of missed that organization of people at home were really backing he needed. this is indicative of a general trend that is happening in both the republican and democratic party towards moving away from the moderate, an unwillingness to be more bipartisan, to have those conversations across the aisle. i find it rather alarming to be quite honest. jon: well, mary catherine, we've seen john kerry for instance, one of the

democratic icons in the senate loo meanting richard lou grar's defeat. vice president biden send out a tweet. the senate lost a brilliant strategic mind. a man with absolute integrity. he will be missed. if democrats are lamenting this man's defeat is that a good thing or bad thing? >> he was well-respected. he was smart about foreign policy he had a lot of skills. those skills weren't easy to sell back home. that's why he lost by a pretty large margin. folks are looking at, i think it is true of both democrats and republicans, tea party is very specific example, folks saying look, this is the old way of doing business. you guys are all buddy, buddy, and make deals that cost us a lot of money. we'll send somebody new to try to do things a different way. i think that is the way things are going. jon: in collegiality has been the order of the day in the senate, marjorie, they're going to be sending somebody to washington to replace him. something will have to get done. maybe it will get done in a different way? >> well i don't know, i

think moving away from collegiality is never a good thing. i think exit of olympia snowe, orrin hatch's race being contested. these are not good signals to the american people. i think it has been indyk i have larger kpfrgs happening in the media --. jon: wait a minute. the american people are electing people to represent them. >> they are but organizing in different ways. i think what i will be interesting to see in wisconsin with barrett's race, a question of can people organize and who is the voter turnout? right now even in the same sex amendment that passed in north carolina who is turning out to vote? in general i think there is actually been a, there's been a decline in number of people turning out and number of party members turning out. sort of a disillusionment i feel happening in a lot of these elections if you look at actual numbers about. so i think that in general the conversations i'm hearing and talking with cab driver and talking with people on the street is, this complete disillusionment

with congress, their ability to get anything done. that initself is indicative downsides not having bipartisan conversation, not reaching across the aisle and not being willing to make deals. deals aren't getting done. jon: mary catherine, your take on that? >> bottom line, friends with bunch of really powerful people in washington, d.c. isn't enough to get you elected and shouldn't be enough to take your election for granted. you have to sell yourself to people back home. you have to make people believe you're doing things responsibly and i don't think he did that. another thing going on, marjorie said tea party might not be great organizing around a certain candidate in the presidential primary. i think that is true. they're concentrating efforts on senate fights and will do that in the general election and will have impact on senate and house races. jon: mary katherine ham and marjorie clifton. thank you both. jenna: a new development in a terror plot to take down a u.s. jet leaner. we didn't know the man at

the center of this operation was one of our own. today new report the bomber turned out to be a double agent working for the united states and saudi intelligence. and that the device turned over to the fbi was an update of the bomb used in the failed christmas day many bombing attempt back in 2009. you're seeing some of that footage on your screen now. the associated press first broke the story today, thanks to inside sources saying this. quote, the extraordinary intelligence operation was confirmed by u.s. and yemeni officials who were briefed on the plot but spoke on the condition of anonymity because they were not authorized to discuss it. they were not authorized to discuss it, but they did anyways. joining me the chairman of the house intelligence committee, congressman mike rogers of michigan. congressman, nice to have you back with us. >> thanks, jenna. nice to be back. jenna: will this type of leak cost american lives? >> we'll, i tell you this whole process is very

concerning to me for a whole host of reasons but one on the leak itself it was actually leaked apparently maybe as many as two weeks ago and there was some negotiations to hold the story. jenna: you mean the whole story, the whole story was leaked, not the part of the about the double agent just to be clear? >> well that part is coming, is part of an ongoing problem where people believe they have to get out and tell details. but i will tell you i will not tell you that is accurate. i can't confirm or deny whatever relationship the individual involved in the operation was but i'm telling you a lot of information i'm hearing and seeing is just not accurate and a, that's concerning but that also adds problems, if you can imagine, for somebody who may or may not be cooperating in an operation for our liaison partners, our security services that we work with overseas all the time to try to help catch bad guys, counselter terrorism suspects primarily. makes it very difficult for that, those relationships to move forward when people are

providing information. so these leaks are dangerous and could lead to someone's death. jenna: i have no idea what that sound was in the background. >> see me running like heck, you know it is a bad thing. jenna: congressman you said that you said that what you're hearing, some of which is not accurate, i know you're limited on what you can tell us based on your position in leadership. >> yeah. jenna: can you be more specific? what can you be more specific about about what's not accurate about some of the reporting on this? >> well, the naming of national security services that may or may not have been involved in this operation. describing in some very specific way the way individuals may have participated in this operation. i argue is just simply not accurate. and it's not helpful to make those kind of speculations or determinations in the public press and those leaks, by the way, the problem, jenna, in the first part of this was, it didn't allow the operation to go its full, to its full conclusion.

jenna: you're saying that the leaks on this story prevented the operation, the full operation from being completed? >> i would argue yes, that's in fact the case. there was, there were other opportunities i believe were lost by the fact that it was leaked on monday and now all what you see now is just simply isn't helpful to trying to make sure that people are protected, that security services overseas are, our relationships are protected. jenna: sure. >> and their ability to conduct, all of those things just aren't helpful and i think there is a lot of chest-thumping out there. all we really want to do is protect american citizens. jenna: congressman, you said the story was found out by the press several weeks ago. it was held until this week. when did you first learn of this operation? >> another problem for us. this whole thing doesn't pass the smell test. we were told on monday about this particular operation. then normally, as the chairman of the intel committee we're brought into

these operations as that independent overseer and according to statute, the 1947 national security statute about keeping us in the loop here so that we can say, throw the red flag and say good on you, keep after it. that didn't happen. and so --. jenna: you knew nothing about this? you had no idea it was taking place at all, whatever we reported has been taking place until monday? >> until monday. which is very, very concerning because it gives the flavor that somebody's leaking it on purpose. a little chess thumping. it is funny season in this town. somebody made a conscience decision --. jenna: the obama administration you're saying? >> well, i'm going to find out. i'm conducting a preliminary review of this particular case. and again, you don't want national security to be used for anything other than national security purposes. and it's very concerning to me this notion that someone may be trying to put this into a political narrative to help their politics is very, very concerning. jenna: serious accusations

as well, congressman. we hope to have you back. unfortunately 10 seconds to commercial. we appreciate your time today. we look forward to talking to you more. >> thanks, jenna. jenna: we'll be back with more "happening now"

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unless you're one of those people who doesn't like delicious stuff. temptations. it's the first jell-o that's just for adults. jon: sew continuing our coverage now, who leaked that story about the double agent who was able to infiltrate al qaeda and helped foil a plot to blow up a u.s. bound airliner? officials are worried it could interfere with counterterrorism operations as they continue overseas. the question is should the fbi try to find the leaker or leakers and if so should the government bring charges? talk about it with peter johnson, jr., he is a fox news legal analyst. peter, start with what we know about the story. we had, or the saudis had or both of us had somebody buried deeply within al qaeda who was essentially given a bomb and said, here, take this on an airplane and bro it up, right. >> we know that. the question is, should we know that? has someone in the government leaked this fact?

is it a violation of the espionage act? did congress know about it? we just heard from congressman rogers. i think he made some tremendous news here saying we weren't even notified in the congress. as chairman of the intelligence committee i should have been notified about this. so we have a situation now where there needs, in my view, to be a robust, immediate investigation by the fbi to determine whether laws have been broken and for what reason a leak was made purportedly, potentially by a government official. whether the cia or department of defense, or the white house, we don't know. but clearly it is a matter of grave national interest that we find out. jon: the question always comes up, who gets aided when this kind of information gets out? who is helped? >> well the congressman talks about kind of the silly season in washington and election year. is someone in the government in charge, in the white house, trying to take credit for a great coup in

terms of intelligence and espionage? is that the reason? or is someone trying to hurt someone in the government by doing it? it doesn't matter what the reason is because it's probably a violation of the law and it's probably damaging as the congressman said to our ability to conduct intelligence. he said that the operation was not allowed to reach fruition and had to be ended because of these leaks. jon: the ap apparently knew about the story. somehow they got ahold of the information. >> right. jon: talked to the leaker or something, and administration asked them to sit on it. apparently they did sit on it for a few days. >> yes. jon: but they let it go, they let the information out. >> yes. it appears they have been watching this. i looked at coverage day by day. there appear to be several leaks. there are several iterations of this story. well, first there is maybe issue in terms of the

bin laden anniversary. no, there wasn't an issue and now there is. gone back and forth. jon: in bush administration we know about the outing of valerie plame's ident think. how does this compare? >> compares because it deserves equal if not greater investigation. the idea whether valerie plame was a agent or not. we have a operation included in people in saudis and people based upon the published reports. and now it has become a matter of daily discussion, like a 24 episode or the tick-tock with the bin laden raid. is this part of pr or is this part of intelligence? let's figure it out because it will hurt us in the end. jon: let's get to the bottom of it. >> good to see you. jon: thank you. jenna. jenna: meantime the fight over funding for plachbed parenthood knit just happening in the halls of congress.

why the battle is being played out state by state. both sides say they want it that way. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: welcome back, everyone. there is lot of attention on capitol hill recently over abortion rights and funding for planned parenthood but the real fight isn't in washington. it is playing out over and over again in states across the country. for more on this, shannon bream is live in washington with more. hi, shannon. >> reporter: pro-life groups say closer they put the vote to average american out there local and state level the more success they have. they have a number of different states in play, different types of legislation. you mentioned one of the ways they're going after issue of abortion by defunding planned parenthood. eight different states currently have legislation passed that would strip planned parenthood for funding there. recent is arizona. governor jan brewer signed

legislation late friday night. folks in the pro-life movement say there is lot going on at state level. that is where they have success. we have marjorie from the susan b. anthony list. >> there is wide opening to pass pro-life legislation in state legislatures. ist is happening all acontract country. in 2011, 92 pieces of legislation passed legislatures. this is the moment. this is the moment a culmination of many factors starting 40 years ago with row versus wade. >> reporter: as you imagine there is plenty of opposition. center for reproductive rights is involved in many of these states. litigation is involved in many states including texas where planned parenthood plans to lose 10 of millions of dollars. we talked with julie rick kel man of center for reproduct tiff rights. >> we tracked legislation for states an analyzed to see if it is imposing unconstitutional restrictions on women's

reproductive rights. this is something that our organization has done, the center for reproductive rights done for a long time, to be involved with advising and analyzing at the state level. so we definitely consider that an important part of our work and it will continue to be a important part of our work. >> reporter: while the strategy seems to be at states right now both side agree it most certainly will end up at the supreme court, a case over one of these state measures will likely get there very soon. jenna. jenna: so many dynamics at play. jenna, a story we'll continue to watch. thank you. jon: we'll get back to north carolina and tell you about more bombshells at the john edwards trial. a staffer gets set to testify about a confrontation between his late wife, elizabeth edwards and big donors over their support for his her husband's pregnant mistress. what it could mean for the case against edwards. hassle, long wait at the doctor's office, what if you could get a diagnosis and prescription without leaving

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>> reporter: rick folbaum in the control room. stories new to you. never before seen video of "the barefoot bandit" making his cross country escape from the police. we've got it, we'll show you coming up. also, maybe you don't have health insurance, maybe you live far away from a doctor. fear not, you can actually see a doctor and get a prescription online. is this a good idea? is it safe? also, my favorite story of the day, it's called the jet lev. take a look at this. how can you get a ride like this? we'll have that story and breaking news as the second hour of "happening now" starts right now. jenna: thank you very much, rick. first we'll turn to a major hearing on terror and u.s.

security taking place right now on capitol hill. the f.b.i. director taking questions from lawmakers as we learn new details about a plot targeting u.s.-bound jet liners. we are glad you are with us, everybody, i'm jenna lee, welcome to a second hour of "happening now." jon: i'm jon scott. intelligence officials now say a would be homicide bomber outfit wed a sophisticated new type of device was actually a double agent who had infiltrated al-qaida and broken up the plot. catherine herridge is live for news washington. >> reporter: in the last hour the f.b.i. director telling members of congress that there was no credible threat tied to the osama bin laden anniversary because the plot involving the new underwear bomb had already been rolled up and that seemed to suggest the device was in fact meant for the anniversary. the director also saying the bureau's lab is actively investigating the device. >> we in the bureau are currently exploiting an ied improvised explosive device

seized overseas which is similar to the devices used by aqap in the past. >> reporter: that is the abg row nam for al-qaida in the arabian pa anyone's lashes the same group behind the underwear bomb in 2009. this version they used nonmetallic explosives this time season into briefs with an improved dead naturer, one where there is a back up if the first one failed. the bomb failed because of problems with the detonator. you're seeing the hearing in it's second hour, almost third hour on capitol hill. there are questions for others about f.b.i. and homeland security and why they released a bulletin on the eve of the anniversary when in fact this device had already been picked up. a senior senator on the intelligence committee is crying foul over the leaking of the operation and in this exchange she was asked if the leak had disrupted the operation overseas. >> i think it's a deterrent, yes. i don't think those leaks should

have happened. there was an operation in progress, and i think the leak is regarded as very serious. >> reporter: and just a few minutes ago on your show the chairman of the house intelligence committee made some significant news by confirming to fox that he believes the leak of this information meant the overseas operation was not completed, suggesting that other devices may in fact be out there, jon. jon: lots of investigating yet to come, catherine it sounds like. >> reporter: yeah it is, thank you. jon: catherine herridge, thank you. jenna: now to america's election headquarters, while congress tries to get to the bottom of a thwarted terror plot we are going to go in-depth of where the president and governor romney the presumptive nominee for president stand on national security issues, as well as the war on terror. wendell goler is at the white house with more on this. >> reporter: the president and governor romney have crossed. patti ann: on national security since romney's first attempt at

winning the republican nomination back in 2007. romney said that then candidate barack obama was irresponsible for vowing he'd go after osama bin laden in pakistan if that's where we found him. romney considered that a threat to our relationship with pakistan. after osama bin laden was dead romney said the president's decision was an easy one. he said even jimmy carter would have made that call and his concerns were more about al-qaida getting support from within pakistan's intelligence service. on abc "washington post" news poll last month gave the president a lead over governor romney in foreign policy and the war on terror. this despite mr. obama's push to bring u.s. combat troops back home, a push that romney sees as irresponsible. >> weave aoepbded our come path in iraq with a hundred thousand troops already out of that country. even as there will be dark days ahead in afghanistan the light of a secure peace can be seen in the distance. these long wars will come to a

responsible end. >> reporter: romney sees the withdrawal from afghanistan as something that should be based on the abilities of the and began army not on dates. he makes clear he will rethink plans to end the mission in 2014 if easy elected. >> i'll order a full review of our transition to the afghan military to secure that nation's sovereignty from the tyranny of the taliban. i'll speak with our generals in the field and receive the best recommendations of our military commander's. >> reporter: romney also sees politics in the president's promise to bring the additional troops he sent to afghanistan, the surge troops back home by the fall of this year. jen a. jenna: an important topic for november. thank you very much. wendell goler at the white house today. jon: senior citizens will be a key voting block in the november elections, both parties are working hard for their support and the voters will be looking very close low at where the candidates stand on policies that could have a big impact on their lives. charlie hurt is a columnist for

the washington times and joins us now. you know, so much attention gets paid to the young votes, especially with president obama running again, but it's really the older voters who have the most impact, right, charlie? >> it's absolutely amazing how -- when a reliable voting group elderly voters are. when i say reliable i don't mean one party to the other, i mean they get to the polls and they don't miss votes. even more important than just that is the fact that they tend to be in high quantities in very crucial states, like florida, and pennsylvania, and ohio, and so absolutely, you know, all the attention gets cast on young voters, and will they come out and vote, and can you actually poll them, and things like that. but the ones to watch this election, as in every election, but especially in an election like this. where you have i think economic issues are going to determine the outcome of it, it's elderly

voters. and they absolutely will make -- determine the outcome of this one way or the other. jon: so much has been made of medicare, is that the big issue that brings seniors out to vote? >> i think absolutely, especially this year where you have democrats making this argument that paul ryan's budget, which was a tough reform budget that changed the calculus for how medicare money is spent and things like that, democrats are returning very hard against republicans including, you know, even though mitt romney had nothing to do with it, president obama has sort of hit mitt romney on the issue of supporting paul ryan's budget. on the other hand you have obamacare, which was very much funded by cutting $500 billion over ten years out of medicare payments in order to pay for obamacare. so we are going to hear a lot of

that in the coming months, the blaming back and forth about who has done more to sort of undermine or strip away medicare. jon: well, you argue in a newspaper column that democrats, and the obama administration have essentially launched a war on seniors. what do you mean by that? what is the justification? >> quite frankly, you know, the issue -- the issue of paul ryan's budget, it was a reform budget, it changed the way the calculus for how medicare is paid for, but it preserves it. the problem with obamacare not only does it raid $500 billion out of medicare over ten years, but it doesn't change, it doesn't fund today mentally make it more sound. it adds to it. twice now, once last year with the negotiations over raising the debt ceiling president obama made the strange threat that social security checks wouldn't go out if we didn't raise the

debt ceiling. well, of course, you know the president determines which checks go out and which checks don't go out if we run into a problem like that, and it was a very strange but very successful tactic, and it terrified republicans, it terrified seniors and they quickly raised the debt ceiling. quietly last week his lawyers petitioned the supreme court and said that -- after having sort of tried everything else said that if the supreme court overturns obamacare it's going to put all these burdens on making payments to medicare. it's just kind of a shocking tendency to keep going back and making these kind of threats that -- i don't know if they are valid or not, but it's kind of an alarming thing to always go back to that whenever you get yourself into a political bind. jon: something we'll keep an eye on as the election approaches. charlie hurt from the washington times. thank you. jenna: now to to west r-frplt

it will be a rematch in the battle for the governor's mansion today. democrat tom barrett the man who lost to scott walker back in 2010 winning last night's primary. now set to face off against the governor in a heated re-election, recall re-election i should say. mike tobin is live in milwaukee with the latest on this. >> reporter: all of the emotion, all of the anger we have seen building in wisconsin in this ideological struggle will now be focused on a four-week bitter slug fest that as you mentioned will pit the mayor of milwaukee, tom barrett against his old nemesis, scott walker. he says a vote for barrett will put wisconsin back in the grips of big labor. barrett says a vote for walker would be giving into the groups that paid millions of dollars to walker. >> stkoscott walker instead of

staying home in wisconsin and focusing on jobs decided he's going to be a rock star. do we want to go back to the days when a handful of special interests controlled our state and our local governments? [no ] >> no instead we put in place reforms that rightfully put the hard-working taxpayers of wisconsin in charge. we are not going backwards, we are going forwards. [applause] >> reporter: now with the battle lines fiercely drawn there is almost no undecided vote in wisconsin and no one who can be persuaded. the side that wins is ultimately the side that motivate its base to get out and vote. indications of that from last night. scott walker did have some token opposition in the republican party. to prevent a fluke some 630,000 wisconsin republicans turned out to vote. that is about 10,000 more than turned out to vote for the combined total of barrett and his next closes challenger, kathleen faulk.

republicans say that shows they have a better ground game. wisconsin democrats say they'll turn out to vote when it counts on june the 5th. jenna: we'll look forward to that as it continues to develop. jon: take a close look at this surveillance video, it could mean the difference between life and death for two young girls. cops are frantically searching for the man there seen in the white t-shirt on this tape. plus the no-fly list is supposed to keep us safer when we travel in the air, but the aclu says it's unamerican, unconstitutional, and unsuccessful. and they are doing something about it. also, rick folbaum over at the web wall for us. >> reporter: go to the "happening now" page at foxnews.com, your chance to weigh in on a poll that we've got. the question had to do with that virtual doctor story we've been telling you, diagnosis, prescriptions, all online or over the phone.

would you do it? let us know. we'll have that poll and the results coming up a little bit later on, and more "happening now" after a quick break. don't go away. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

jenna: welcome back, everyone. right now a look at crime stories we are keeping an eye on for you here. we have closing arguments today. they are about to begin in the trial of the man accused of killing the mother, brother and seven-year-old nephew of oscar-winning actress jennifer hudson. attorneys for william balfour called two police detectives to the stand before resting their case. balfour had been married to hudson's sister, that was the connection to the family. san francisco police find a car that may be tied to the disappearance of a northern california teenager. they haven't said why yet. but the person you're seeing on your screen is 15-year-old

sierra lamar missing since march 16th. in mississippi and tennessee police are on the hunt for suspected killer adam mades. he is suspected of killing a woman and her two young daughters. investigators are hopeful the two sisters are still alive. jon: a group of americans in the aclu set to challenge the government's no-fly list this week in court. the aclu calls the program unamerican and unconstitutional citing several case necessary which u.s. passengers were unable to board a plane to either leave or enter the country. dan springer takes a look at that live from seattle. dan. >> reporter: yeah, hey, jon the aclu's billingess problem with the no-fly list is that the government will not tell people when they are on the list or more importantly why they are on it. the list has grown to around 20,000 names, including 500 u.s. citizens and the only way they know they are on the list is when they buy a ticket, show up at the airport and are barred

from boarding a flight. that happened to portland businessman jamaal when he was trying to return to oregon from tunisia. he finished a trip with a christian group. he was interviewed by the f.b.i. for hours and only allowed to fly home a month later. he is still on the no-fly list and says he has never been given a reason. >> in the modern day air travel is absolutely fundamentally important to how we travel on a daily basis, and that right to travel is protected by the constitution's promise of due process. >> reporter: the man does worship at the islamic center of portland a focus of several terror investigations including the portland six, which was convicted of plotting the flight against u.s. troops in afghanistan. mowed, mohammed another mosque member was charged with trying to detonate a fake car bomb at a christmas tree lighting ceremony.

>> i don't think the mosque itself is any threat at all, it's the activities of the people who attend that location. they have drawn attention to themselves by their activities. >> reporter: and there is a redress pass to get off the list if a mistake has been made but it's not quick or easy involving several departments within homeland security. the aclu challenge will likely go to the ninth circuit court of appeals. jon: thank you, dan. jenna: he was a fugitive for two years until he crashed his stolen plane in the bahamas of all places. ever wonder what the so-called barefoot bandit was doing the whole time he was on the run? jon: punk. jenna: that's your word for him. we'll show you some of the home videos he conveniently made while on the run from the law. that is coming up. plus a brand-new poll shows mitt romney running ahead of the president, but there is an important x factor that comes into play here, first name ron, last name paul, we'll till more

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jon: right now, never before seen video of some of colton harris moore's antics during his two year run from the law. he is better known in some circles as the barefoot bandit, although i have a better term for him. rick folbaum has some of the new pictures. >> reporter: you're so hard on this guy. for colton harris-moore it wasn't enough for him to steal two airplanes and avoid capture for two years. he wanted to be a filmmaker too videotaping himself apparently every step of the way and the videos are just going public. so this is stuff that hasn't been seen by anybody until now and particular a look at this video. this is harris moore shooting himself while flying a single engine plane that he had stolen from an airport in indiana. he became known in the tabloids

as "the barefoot bandit." he taught himself to fly. he was eventually caught after crashing a plane that he had stolen in the bahamas a couple of years ago. police were firing at him from the ground. harris-moore is in jail sentenced in december to seven years in prison for dozens of crimes that he committed all over the country while he was on the run, and it looks like his life is going to hit the big screen after all, jon. your favorite thug is going to be the star, at least the subject of a new movie, there is a script on his life, it's already been written. any profits that he makes off of this. by the way, will go to repay the $1.3 million that he owes his victims. jon: that is the thing. tens of thousands of dollars some of these people lost, and that airplane that he crashed was a beautiful and very expensive airplane and it's just trashed now. >> reporter: trashed. if he makes any money off of this movie those folks will get money back. jon: that will be deserved. thank you. jenna: this just in, a brand-new poll showing governor mitt

romney with a five point lead over president obama if texas congressman ron paul decides to run as a third party candidate. the national survey by rasmussen reports finds governor romney would win a three-way contest getting 44% to president obama's 39%. ron paul you can see right there double digits 13% of the vote. scott rasmussen is president of rasmussen reports and joins us now. scott, you know the conversation has always been if ron paul stays in the race he's going to spoil things for the gop. that's not what you found out. what do the numbers really tell us? >> we have to provide a little context. only 6% say it's likely that ron paul will enter. this is largely hypothetical at this point in time. what this tells us is that ron paul takes support from both mitt romney and president obama and he also picks up some support from those who say they couldn't vote for either man. the results don't change that much. that surprises people, but we found the exact same die nam hick foudynamic four years ago

when we pulled ron paul in the obama mccain match up. jenna: did he get in the double digits but below 20%? >> yes. jenna: i was curious about that 13% whether or not as a pollster you thought that was still significant, it seems like he is still in there, which he is, by the way officially in the race. >> typically third party candidates do better early in the circle and the numbers fade as you get closer to election today. there are a awful lot of people out there when the republicans play to democrats they want both teams to lose, that's part of where this is coming from. ron paul has a number of positions that appeal all across the political spectrum. we talk about his views on the right, but for people on the left many are attracted to his views on the military, and the lack of support for a lot of our military interventions. there is also support for his positions on drug legalization. ron paul does not have a firm

base in either party but does draw a lot of people disaffected with both. jenna: i was curious to look at your head-to-head match up when you look at governor romney the presumptive nominee going up against president obama. you still have romney with a five-point lead on the president. i was curious what happens when you take ron paul out of the question, where that 13% that he gets when he's in the poll goes. so do those 13 percenters not vote when they see the two guys on the screen or do they align themselves accordingly? >> well, what happens is romney's support goes from 44 to 49% in our polling today, obama's support goes from 39 to 44%. so ten of those 13 points who say would vote for ron paul get split between the other two candidates and 3% say we're not sure we are not going to vote for either of these guys. the bigger story right now, in terms of the race is that mitt romney is doing pretty well this

week in our poll and in many other polls. it may have something to do with that jobs report that came out last week, may have something to do with the turmoil in europe. a lot of concerns about the economy, and the economy is the main issue in this election. jenna: that's very interesting. we'll see what it looks like when we look at your polls next week. now we had this terror plot and that is often thought of foreign policy being a strength of the president. we'll see if we see any shifting. looking forward to having you back for more as always. thank you very much. >> thank you. jon: occupy protestors head for bank of america's annual meeting but the company's shareholders could be an even bigger problem. we are live at bank headquarters to explain what is going on there. and a one-time john edwards campaign staffer on the stand in his trial, more explosive testimony in the former presidential candidate's corruption case. pull on those gardening gloves.

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then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. jon: new info right now, search-and-rescue teams looking for a russian-made plane that vanished from radar while flying over mountains in western indonesia. the passenger jet lost contact with air traffic controllers after it dipped 4,000 feet in a manner of seconds. at least 44 people reportedly on board. david piper streaming live from bangkok, thailand on the search. david? >> reporter: hi, jon. yes, the latest reports suggest that the russian plane could have crashed in

indonesian mountains. there are reports coming out of russia now that it may have been hijacked but there has been nothing so far to substantiate that claim. this is russia's latest civil airliner. this is the sokoy super jet 100. it was carrying 44 passengers and crew when it disappeared from the radar during a demonstration flight in the indonesian capital, jakarta. according to reports the plane's crew requested to descend to 6,000 feet but the plane wasn't heard from again after it flew into mount news area that includes a mountain that stands at 6,000 feet. one eyewitness saw the plane veering to one side and engines roaring and heading to the mountains but didn't hear any explosion. many on board were russian diplomats and representatives of indonesian airline companies looking to buy the plane and also some journalists. rescue crews including

helicopters are looking for the plane but they are hampered by heavy rain and fog in the mountains the first ones heading into the area had to turn back. we understand 200 rescue work are heading by vehicle and foot to the mountain area to look for the missing plane. air search due to resume in the morning. the new aircraft never crashed before but has experienced problems when flown by russian carrier, aeroflot russia's aging fleet has had a series of crashes but it was hoped this new jet would stop that. it has signed two contracts so far with indonesian airlines but of course, jon, after this disappearance of this plane, it could be a body blow to future sales. back to you, jon. jon: once vaunted russian aviation industry really taking a hit there. thanks very much, david piper in indonesia. jenna: back stateside a rowdy scene today in north carolina. hundreds of protesters

descending on bank of america's annual meeting. at least five people tried to force their way in and are now in custody but the real fireworks may be inside where the bank's top executives have to face shareholders today. robert gray is live at bank of america's headquarters in charlotte with more for us. hi, robert. >> reporter: jenna, that's right. strange bedfellows with protesters and shareholders sharing common ground. as you can imagine foreclosures and bank of america's mortgage practicing whether servicing or modifications are heading laundry list for both groups complaining loudly to management here. first we had protesters outside. a peaceful march. charlotte police say 400 people marching from several difficult angles converging right outside the meeting. five people were arrested for trying to jump over the barricades to get inside the meeting. a spokesman for the occupy movement which was part of the protest today told us they had 100 shareholders inside as well and they weren't only shareholders

speaking their mind today and really putting chief executive brian moynihan on the defensive and hot seat about their mortgage practices particularly when they accused him trying to put it off on legacy assets from buying countrywide financial which specialized in subprime mortgages that purchase cost couple billion years ago and but cost the bank 10 billion in loan losses since then. talking about the depreciation of the stock price. shareholders holding bank of america since the '80s and '90s. after all the drama said being a shareholder is more like a comedy but not a very happy one as he has seen his shares depress. they're basically worth half what they were when brian moynihan took over as chief executive on new year's day, 2010. jenna, back to you. jenna: interesting comment there. a comedy. not a lot of people laughing at all this inside i'm sure. >> reporter: not indeed. jenna: thank you very much, robert gray in north carolina. thank you. jon: right now former senator john edwards is in court. his former campaign

spokeswoman expected to testify about an argument involving his late wife elizabeth and his campaign finance chairman. elizabeth reportedly furious that they were giving money to his mistress. joining us now to discuss the merits of these arguments, joey jackson, a former prosecutor. also with us rachel self, a criminal defense attorney. you say intent, rachel, is the key to this case. did john edwards knowingly intend to violate campaign finance laws? >> i don't think they're going to be able to prove beyond a reasonable doubt that knowingly intended to violate campaign finance laws here. you have third party donations, or third party checks being written to a third party. john edwards never specifically asked baron or bunny for any money. none. checks were made payable to john edwards or his campaign. reasonable doubt issue the way doubt will play into here is going to be did he

do it to cover up affair from his wife or doing this to cover up the affair from the presidential election? the question is one i don't see the prosecution being able to connect the dots. although they did have a damaging week this week, the defense had a damaging week this week with button's testimony that john edwards wanted to change his speech to say without my knowledge because it goes to his nefarious behavior in this whole thing. his credibility already has been shot here. he already had a bunch of props here. i think the jury already doesn't like him. they will have to focus on the law which jurors take very seriously. they will have to focus whether or not he willfully intended to utilize campaign contributions to cover up this affair. jon: but doesn't the fact, joey, some language stricken from one of his speeches suggest he knew all this was going on? >> you think, jon? i think the defense needs rachel on their team. i believe he is in trouble. juries do what juries do. who is to say ultimately what happens here. here is why i think there is

trouble. number one, the defense is arguing against common sense that john edwards had no notion, did not know anything in running for president that money was being fun they would to miss hunter to support her and subsequently pregnancy and after the child. no idea about that. so we're skeptical to begin with. now you compound that with affirmative evidence would suggest he did. from who? andrew young his top campaign aide who said he knew everything, right? mr. tubin the businessman, testified he was close to edwards and new everything. now you have the speechwriter, not only did he make a confession it me that he knew about this money but it was in the speech he was going to make an admission and had to take it out for legal reasons. i wonder what the legal reasons were? finally upcoming jennifer pal maury will talk about this argument where elizabeth edwards of course was berating and saying mr. baron, what is going on here? why is this money being sent to her? john edwards is right there but yet he knows nothing?

i think there's trouble in paradise here. jon: rachel, there is talk of putting rielle hunter herself on the stand in this case the prosecution might potentially call her. do you think that is possible? should they do that? >> i hope they don't. she is such a wackadoo the i don't think the best case in a g way is to put up a unpredictable. whack adoo she might can to speak to her psychic while testifying. you never predict what she will do. you never put a witness on the stand that you don't know what they will do. jon: 15 years in the chair i never heard whackadoo should she testify or not. >> who knows if she is a whack a do. >> you know she is a whack-a-doo. >> you will put the witness on because it enhances case. it makes more relevant and

probative. you don't need her. why? friends click they know that money was going to her. why end it with a witness potentially be harmful to you who you don't know what they're going to say. jon: yeah, you don't know. she might deny the whole thing. might deny that edwards had any knowledge of it. in that case that really hurts the prosecution's case. >> exactly. jon: all right. joey jackson, rachel self. we'll continue to watch this case in greensboro, north carolina. how the mighty have fallen so it would seem. >> indeed. >> good to see you both. jenna: what-a-doo. go into the scene of the accidentory? jon: you take it. jenna: hybrids are not only way to pinch pennies at the pump. we'll show you a how drivers can save a ton of cash on gas. that is important. we go into memorial weekend. like rocket tear meets rocketman. the life of -- ride of a lifetime. i want one. ok! who gets occasional constipation,

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jenna: it is finally a reality. buckle up for the wildest ride to hit florida since space mountain. eat your hatter out disney world. tampa bay has the newest hot attraction. jon is sitting back taking this all in. jon: i want one. jenna: hydro power jetpack at tradewinds resort. will soar 30 feet above the waves with a top speed of 30 miles per hour. that is fast. you hit the water going 30 miles per hour that will hurt. it is not soft landing. 300 bucks you get a half hour in the sky. resort guests get a bit of a break on the price. that is probably good. 300 bucks for 30 minutes. jon: that thing is pulling its own engine around the pump that pumps the water. that is how it works. jenna: we should arrange for to you do it. that would be a great segment. jon: i'm game. let me know. >> jon will try it next. jon: probably burn some gas to pump that water out. the high price of energy in america has some drivers

considering new cars that run on diesel. typical diesel engine is about 30% more fuel efficient, meaning you get a lot more miles out after single tank. these day as gallon of diesel usually costs more than regular unleaded but a lot depends on the nation's diesel inventory. the u.s. energy information administration releasing its weekly diesel report. diesel stockpiles falling by 3.3 million barrels. a key indicator watched by analysts to try to forecast the price of diesel. david lee miller live at a gas station a few blocks from our studio in midtown manhattan. david, what is going on? >> reporter: jon, diesel cars are making a comeback at least sort of. you look at the current sales, they account for 2% of new cars being sold in the united states. people who want that better gas mileage. compared with europe though, the u.s. still has a great distance to go. 50% of the cars sold in europe now are diesel fueled.

and it is those foreign manufacturers, those foreign automakers who are importing diesel cars to the united states and they say sales are dramatically increasing. volkswagen specifically said sales of its diesels are up 35% in just the last year. if you want to buy al diesel manufactured by a u.s. auto company, you're out of luck. at least until next year. that is when gm is going to introduce a diesel version of the chevy cruze. one auto analyst says this could be the beginning of a trend. >> you could see diesels, as they continue to grow in popularity as the domestic automakers bring smaller passenger car diesels to the market over the next couple of years, you could see them growing and having an impact say on hybrid sales to some extent. >> reporter: if you're thinking of buying a diesel a couple of things you should keep in mind. number one, diesel cars tend

to cost a couple thousand more than gasoline equivalents. as you mentioned during the introduction, diesel fuel is more expensive, about 7% more expensive than gasoline. one analyst said, one reason for that is an increasing demand for diesel primarily coming from overseas. listen. >> diesel's more expensive because global demand is a little bit closer to global supply and it's actually the toughest petroleum poll -- molecule to produce nationally and internationally. >> reporter: one other thing to keep in mind. might remember diesels from the 1970s. technology has finally got up with the diesel. the experts say they are not only much quieter but don't produce that foul smell many people still remembered. the bottom line, it is not your grandfather's diesel anymore and looks like more americans are looking at diesel as a way to combat high fuel prices. jon: another positive, diesel engines last forever.

>> reporter: yes, they are very duringable. have extremely high torque. for many drivers it is the way to go. you need to sit down with calculator and paper and pencil, do theth math to see if it makes economic sense for you. >> sounds good. david lee miller, thank you. jenna: jewelry, house, all items you might put in your will. what about your facebook page? who gets twitter or inat that gram? -- instagram. what you need to do so protect your online ident tri forever. why more doctors are treating patients online and or every phone. is it too good to be true? or a key solution to the health care problem in this country. more on this in three minutes. ♪ [ male announcer ] want your weeds to hit the road? hit 'em, with roundup extended control. one application kills weeds, and stops new ones

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jenna: well a new way to see a doctor and you never even have to leave home to do it. more and more people trying out virtual doctors appointments. jon could be online right now trying it out over on the other set. it is easy, it is affordable but raises some questions though about how well doctors can treat you this way and if they really can prescribe things appropriately for you when you're sick. joining me the chief medical officer of optim. dr. marc siegel, from our fox news medical a-team. i will talk to you dr. lenay first and then dr. siegel. you run this program called my now clinic.com. tell us a little bit how it works. >> my now clinic.com is an online website. you as the consumer have access to that. you go to the website. you log in. you pay with credit or debit card and you have the choice of physicians who are available and on the

network. it is live and available in 22 states today. and the physician will then see you through a webcam or you have the option of talking to them on the phone or using online chat if you don't have a webcam. they will take a history. if appropriate, they will, they can prescribe medications or they can give you health care advice. jenna: 24/7, 365 days a year. the price is around $45 more or less they say on average for this service. do you have any concern there is some limitations what you can treat online or over the phone? >> i think there are certainly some limitations. this is a solution for people with routine medical problems. it's not for everyone. we think people need to have a regular relationship with a primary care provider but many people have trouble accessing that. so people in rural communities, one of our biggest users is people that work. so they don't have to leave the office. they can actually get in and get advice or get treated if appropriate. and it's just a great option

for folks. jenna: very interesting. a lot of people can relate to being in some of those predictments where they can't get to the doctor. doctor, thank you very much. we appreciate it. dr. siegel, what you do i this about this? seems very convenient and for basic things like cold or something like that, do you think that is good option? >> thank you. >> i have very serious reservation about it. first of all american academy of pediatricians have problem with interacting with a doctor you have never seen before. that is problem number one. most medicine is occurs within one one. there is lot i can tell when examining a patient. art of medicine. over the computer, over the phone. we moved way too much in that direction. jenna, these are doctors who don't know you. i can sometimes treat one of my patients over the phone or e-mail if i know them, if i have their whole medical history. but brand new, very bad idea. a lot of medical boards are against this. in texas you can't do it. the reason that company is only in 22 states, several states actually ban this. and one last thing.

antibiotics are often overprescribed. i looked this up. what they're treating a lot of time are bladder infections, sinus infections, upper respiratory infections. a study just came out in the "journal of the american medical association" that we're overtreating sinus infections dramatically. 95% of the time it is virus. plug into doctor. gives antibiotic, go home but you don't really need it. jenna: that is face-to-face. for a certain part of the community though this could potentially be helpful, right? if you're in rural community, can't get to the doctor and you have a bad sinus infection and maybe be treated, i have only 30 seconds here. do you think there is some way to improve it in your mind? >> no. i'm sorry, even in a rural community i like going, getting in your truck, going to that clinic. meeting that doctor the first time, establishing your relationship and then maybe he will treat you over the phone. i'm against this. jenna: very interesting idea. i'm curious what our viewers think. e-mail us at happening

now@foxnews.com. dr. siegel thank you for your expertise. thank you, dr. lenay as we. we'll be back does your phone give you all day battery life ?

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