jon: it's friday tomorrow. [laughter] thanks for joining us. jenna: it is, that's true. it's a fact. "america live" starts right now. megyn: have a special treat for you. in about 30 seconds, wait until you see who's sitting with me on the set. wait for it. we begin with this fox news alert, six months to go until election day, folks, and a new polling report card is raising red flags for the president's re-election chances, come november. welcome to "america live," i'm megyn kelly. gallup polling just releasing an in-depth look on critical indicators. the president's approval rating has stayed mostly below 50% for the past 16 months, averaging around 47% during the first full month of may. a separate poll finds only about a quarter of the country is satisfied with the direction of the country.

a lot of folks who know about polls tell you that's the number you really need to watch, satisfied or not with the direction of the country. and economic confidence, the bottom line in this graph here, has been in the cellar for almost a year and a half. we want to take a closer look at the mood of the country with chris stirewalt who's host of "power play" on fox foxnews.com and -- look who's here! >> how are you? you make me laugh. bill hemmer, my dear friend and my former co-host on "america's newsroom." and he's been going around taking a look at some battleground counties, but first, how are you? >> i'm fine, actually. i haven't seen grow in the hallway -- megyn: i know, we miss you. are you on the air? all right, so where'd you go, what'd you do? >> our assignment, we spend so much time talking to pundits and politicians that we don't spend much time talking to people who

are going to decide this election. so we have zeroed in on particular parts of the country that really reflect a national trend and that reflect a part of america. megyn: so you're going to, like, the important swing states, counties -- >> these are the counties that count, that reveal a trend or voting -- megyn: you going to start right here in new york city which is critical to every presidential election. no one has no idea how new york city's going to vote. >> our first stop is greenwich village. i'm kidding. home to canton, ohio, the nfl hall of fame there. it's got a manufacturing base that's eroded, really gone down slowly over the past two decades. but many 2007 the -- in 2007 the bottom shot out. but the voting record in starr county's remarkable. it not only reflects the rest of ohio, but it really forecasts what's -- megyn: how do they go, do they go blue, red or purple? >> they've been be dead on

pretty much of a purple county -- megyn: they pick the winner, you mean. >> they pick the winner, and they have a history of doing that. what we found, we found this pizza owner, steve. he bought the pizza company from his father. he has a 25-year-old son that he wants to hand the business off to, and we wanted to know whether or not he believes the future for america is better for his son or not. here's what he said. your son's 25. >> 25 years old. >> what's the future like for him, do you think? >> extremely precarious. >> how come in. >> in the next 8-10 years, america's going to be lucky to be one of the top five countries in the world. what are we going to do without economic be security? >> he went on about how he's fought to keep his business alive. he's done well, made a lot of investments, but as you heard him talk there, we met so many people who have been forced to change their lives over the past four years to get by --

megyn: and that pessimism about will life be better for my children, we just saw a poll that reflected a huge number of americans don't believe that anymore. stand by, mr. hemmer, because i want to talk to chris stirewalt as well, this feeling about the direction of the country. we, gallup also asked voters are you satisfied with the direction of the economy. in may of 2012, 24% said they are satisfied with the direction of our economy. compare that to when george w. bush was running for re-election, may of 2004, it was at 36%. he was in a very tight race for re-election, and look at the president's numbers today. also going to be very tight. >> well, it's going to be tight, and that's how it looks right now. but think of it this way, if you, if you took the labels off, if you took the names off of these polls and just said candidate x and no party affiliation, you'd say, is this person going to win re-election, you'd say, of course not.

there's no chance. all the numbers are in the wrong places for all of these things. but even so the race is tied or the president's leading as is the case in our latest fox news poll. so why is that the case? i think when you peel it back and you look at it, part of it is what the president says, that things are not as bad as they were, and people may appreciate that even if they think it's still pretty rotten, but the other thing is people are pretty grossed out and turned off by the political process in general and may not think anybody can fix it, and if that's the case, that gives the president a good chance. megyn: i really think that people have a hesitation about firing someone they put in a job, you know? that they -- if you don't want barack obama for another term, you have to fire him, and a lot of these people who would have to make that decision are a lot of these independents. there's also an admission that you made the wrong move when you voted for him last time around. want to show you this before i get back to my pal on set. this is a fox poll, folks were

asked how's the economy doing versus four years ago, 45% say it's doing worse than it was four years ago. 26% say it's doing the same, so you've got 71% saying at best it's the same, more than likely it's worse, and you have got 28% saying better. those numbers are terrible, chris, for the president, but they're better than they were a year ago. >> right. that's exactly the argument that obama is making. the president says, look, it's not great, but it's better than it was and, by the way, did we mention the fact that mitt romney has a lot of money and that you don't like him? megyn: and put a dog on his car roof. >> i heard something about that. [laughter] look, what the pizzeria owner told brother hemmer is so spot on what this election is all about. that's why i love what bill's doing because what that guy's saying is, what a lot of americans believe is that we are very much on the edge, and these numbers all reflect that, we are a country on the precipice of

something unhappy x. that's why in the election is going to be such a big deal, and that's why mitt romney can hope that in the end people, even those who don't like how he did the dog, may still come and vote for im. megyn: quickly, bill, what was your overall sense talking to folks out there? do they want to back president obama even though they have doubts? >> you get a pretty good mixture, but they're sick and tired of things not moving forward. we went to a company that brought manufacturing jobs back from china. it was only 400 jobs x that's not going to compensate for all the manufacturing loss they've had, thousands and thousands of jobs over the past few years, but the big secret about creating new jobs in starr county is fracking, oil and gas which is only now getting started. if they take the lid off that industry, they will bring back employment in starr county like that. i mentioned 13.2% employment two years ago, they're right about the national average. things are better, but as a politician ask yourself, are they good enough in that's what

the president and romney -- megyn: yeah. don't you miss me? >> entirely. megyn: me too. thanks, bill. [laughter] that's what bill used to say to me. >> i see you're using breathsavers. megyn: it's true. really, i took a hint. that's what happened. now i never go anywhere without them. folks, catch more of bill hemmer's listening to voters' series tonight on "special report" with bret baier at 6 p.m. eastern right here on the fox news channel. i imagine you may see some on "america's newsroom" at 9 a.m. as well. new developments today in the health care battle as we get reports for the catholic university in florida is now thinking about dropping its medical coverage for students just 24 hours after a catholic school in ohio dropped coverage for a number of its students. all, they say, because of rising costs and mandatory

contraception coverage in the president's health care bill. trace gallagher is live in our west coast newsroom with more. >> reporter: this is "ave maria" university in nape les -- naples, florida. look, the school is clearly morally opposed to the health care mandate because of the contraceptive coverage, but now the president says it doesn't make economic sense for them to do this because the school is now required to offer comprehensive coverage -- you know, that's the one size fits all insurance where young people who rarely use the system have to buy the same coverage as older people who frequently use the system. now, the school's insurance provider says students would be looking at a premium increase next year of between 65 and 82%. now, if they didn't drop mechanical together, they'd then have to explain to students why in the world their health care premiums are going up so much. foxnews.com has also polled some other catholic universities, and

so far none have said they're planning to drop health care. but we should know they're also waiting to find out what their premiums will be next year and the following year. and as a separate note we should point out that the university is suing the obama administration because of that contraceptive coverage. megyn? megyn: all right, trace, thank you. well, the rnc poked fun at the obama administration after it emerged that the white house had added footnotes at the bottom of existing presidential biographies on the white house web sites, so the boyle my of reagan had an addendum by president obama about how it relates to his accomplishments and so on. what if bush administration had done that? a speech writer joining us on the additions to his former boss' bio. and as the autopsy of trayvon martin is released, former lapd detective mark fuhrman weighs in many for the first time on the case that he

calls a failure on the part of the police and the media. and in a fiery speech be, the vice president just doubled down on the obama campaign's attacks on mitt romney's time at bain capital, specifically the damage they say he did while at gst steel. they say bain just ravaged that company. up next, the former ceo of that company is here to set the record straight and discuss how it feels to be at the center of this political fire fight. >> my mother believed and my father believed that if i wanted to be president of the united states, i could be, i could be vice president. [applause] my mother and father dreamed as much as any rich guy dreams. [cheers and applause] they don't get us! they don't get who we are!

>> romney's friends believe you help those at the very top. the rest are going to fend for themselves, and america's going to turn out all right. well, folks, you saw what happened and where this philosophy brought us. you saw it, where it brought you. the last time this philosophy was in play, which was eight years before we took office -- my mother believed and my father believed that if i wanted to be the president of the united states, i could be, i could be vice president. [cheers and applause] my mother and father believes if my brother and sister wanted to be a millionaire, they could be a millionaire. my mother and father dreamed as much as any rich guy dreams. [cheers and applause] they don't get us! they don't get who we are! they don't you said, it seems to me -- understand, it seems to me. megyn: that's joe biden on a factory floor in ohio blasting

governor romney's work as a capitalist and repeating attacks about how romney's former firm that cost jobs. critics are saying they're playing loose with the facts when it come toss that filled -- comes to that failed company. the two minute version is airing in key battleground states this week. joining me now is that company's former ceo, mark essig. thank you very much for being here. so the ad leaves nothing on the table when it comes to going after mitt romney and bain. and they say bain came in in the early '90s, to your former company, ravaged it, engaged in this so-called vulture capitalism, sucked the money out of it, more than doubled their own money and left the company bankrupt ten years later. what say you? >> well, you know, i've heard this charge before. it seems that every time mr. romney runs for office, this

gets played up again. that's really a gross distortion of the facts. i joined the company in 1998. i was hired by the board in bain capital to help turn around gsi -- gst steel. but the facts are that bain was involved in that investment for over eight years, they pumped $100-$125 million of investment in there, and their thesis was they could turn around a plant that had been slated for closure and, actually, almost pulled it off until the late '90s and early 2000s when we had a flood of cheap imported steel that really closed the door on that plant. megyn: they talk about how what happened -- according to our information, bain got $12

million on its initial $8 million investment, then it also got $4.5 million in consulting fees, so it gets a $4 million profit, $4.5 million in consulting fees, and the company winds up bankrupt. and the guys in this ad talk about how pensions were put at risk, that they paid bain -- under romney, who was running bain for some of that time, not all of it, not when the company went bankrupt, but for some of it -- as just not caring about the profits of the workers, the pensions of the workers, the employment of the workers, but really just there to suck out whatever money they could for themselves. >> well, i'm not sure, megyn, of the facts around their original investment. i wasn't there at the time. i will say, you know, i've had a long track record, personally, of turning around metals industry companies before gsi and subsequently. i've worked with a number of private equity firms, and no one wins when a company goes

bankrupt. the only way private equity company can make return on its investment is if the company grows. so to think that this could be a winning strategy for bain is illogical. i will say that we had strict direction from our board and from bain capital to do everything in our power to try to turn that plant around. now, the kansas city plant was one of four plants inside of gsi. we were able to turn around and make profitable three of those plants. our fear was if we didn't close the kansas city plant, the rest of the plants might have closed, too, and the damage could have been a lot worse. we don't, i don't feel good about the fact that those folks lost their jobs in kansas city. we do take some solace in the fact that we were able to save the rest of the plants, and those plants are all thriving and open and prosperous.

megyn: what do you make of the mitt romney was still at bain as of the time your company went bankrupt, this one plant, but he was no longer running it, he was doing the olympics, but he was still the guy signing the official papers. how heavily involved was he, to your recollection, and what do you make of the attacks against him as far as your company went? >> well, i had no interaction with mr. romney. we had a lot of attention from bain capital, a lot of their partners and a lot of their resources were applied to trying to turn around this plant, trying to save this company. so i can't speak to, you know, some of these things. although i will say, again, in my long history of running portfolio companies for private equity firms, and i've worked for a number of private equity firms over the years, the ethics, the standards of

professionalism of bain capital is the highest in the industry. and i've always attributed that to mitt romney and the other co-founders and managing directors at bain. they have been the gold standard for ethics and professionalism. so when i hear an attack like that, you know, they're looking at one sliver of a large body of work that's by anyone's account a great track record. megyn: mark essig, thank you so much for coming on today. >> you're welcome, megyn. megyn: all the best, sir. well, chicago's on high alert bracing for what could be the hottest protests since the summer of a 0e 68. we're live with an explanation there in three minnesotas. ♪ -- three minutes. ♪ [ male announcer ] at scottrade,

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>> anti-war protesters gathered in chicago for the democratic convention that summer. megyn: look at that. wow. the dramatic scene of the infamous protests in chicago in the summer of 1968. some 10,000 protesters clashing in the streets with police outside of the democratic national convention, upset over the war at the time. mow the windy city is worried about a similar scene playing out as some protesters promise to wreak havoc on the nato

summit scheduled to start on sunday. steve brown is live in chicago with the latest. steve? >> hey, megyn. and, yes, the protests began earlier this week. there's one going on right now. this is outside the prudential building, we have a live picture to show you. this is something of a return visit. the prudential building houses a number of things including the barack obama re-election campaign headquarters here. we are to understand that members of code pink and others are there right now talking about the use of drone strikes in terms of military use. keep in mind, nato is a military organization. largely, what they're going to be talking about here sunday and monday is military matters, including afghanistan. so far most of the protests here in the city have been largely peaceful. we've seen protests about mortgage foreclosures, we've seen anti-capitalist protests, we have seen protests about military action just? general -- just in general and

military spending in general. there have been some exceptions, and most notably, tuesday night in bridgeport, a group of protesters were met by locals who didn't take kindly to those folks being in their neighborhood, and there were some words exchanged, not all of them appropriate for broadcast. when you keep in the mind of all of the protests, then all of the dignitaries coming in here and don't forget about those invited guest as well. >> as of today we're up to 63 country delegations including the united states. we expect about 7500 delegates, about -- 2,000 to 2500 media, both foreign and domestic, will be coming in. and then there's all the support personnel, so we think someplace between 16 and 17,000 people will actually be in the city for the summit. >> reporter: and already people here in the city of chicago have been hearing all about this for monthses and a lot this week. they're already starting to grumble via twitter and other

social media they're afraid of what's going to happen this weekend. a lot of roads, including interstate 94 which connects downtown chicago to the o'hare airport, at times that's going to be completely shut down when dignitaries are traveling back and forth, so a lot of traffic and movement headaches for people in chicago while this summit is going on. megyn? megyn: steve brown, thank you. well, the white house making a few controversial footnotes on virtually all of the presidential biographies on the white house web site in the 20th century. but if the push had argument -- bush administration had done this, linking accomplishments to those of fdr, jfk, reagan, would there be a greater backlash? a speech writer for the former president is here with his thoughts next. and new claims that your smartphone, your blackberry, whatever you use could be making you look fat and old. [laughter]

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megyn: fox news ea letter, we are awaiting possible news in the debate over iran's nuclear program. the president's national security adviser is scheduled to speak at the white house in less than 30 minutes on the same day the u.s. ambassador to israel confirms the jewish state has already drafted plans for a strike on iran. all this just six days before the next meeting on tehran's nuclear program. they are meeting, the p5 plus 6, they are all meeting in baghdad at, well, as i say, in less than a week now we're going to be live at the white house top of the hour with any breaking news.

new questions today as the white house comes under fire for a decision to update the official online biographies of several past presidents. footnotes on the white house web page linking president obama's englishments to the actions -- accomplishments to the actions of previous presidents and taking some editorial liberties with the comparisons between the current president and our prior presidents. this one on former president george w. bush's web page includes a box that talks about did you know, it's an alleged fact box that says: megyn: that's not the most controversial, but it's just an

example of what the president is doing. well, what if george w. bush had done this? joining us now, simon rosenberg, a former clinton campaign adviser and president and founder of the new democrat network, and marc thiessen who is a former bush speech writer and a fellow at the american enterprise institute. so we had a lot of fun with this debate, both guys on both sides. you know, the rnc put out some, they took it to a forest gump-like place where they said, oh, you know, obama's put himself in all these prior presidencies, then they had one of him on the moon, they had one of him well vis. [laughter] but i want to ask you, mark, whether there would have been considerable blowback if your former boss had tried to update the bios of presidents like jfk and harry truman, by linking their accomplishments to his own. >> i don't think my former boss would have let me get away with anything like that. in honesty, megyn, i think

president obama was too modest. i think he left out some historic accomplishments from his administration's record, and since president bush -- megyn: look at him there with the founding fathers. >> well, there, absolutely. since president bush would have never let me write something like this for him, i took the liberty of a few suggestions for president obama. like, for example, in the bio of president bush, he could note that during the bush administration the national debt rose by $4 trillion over eight years, but president obama succeeded in meeting that same number is just three years. he could note in the coolidge bio, for example, that president coolidge was known famously as psi lent cal for -- silent cal, whereas president obama has used the pronoun i more than any president in american history. megyn: that doesn't have the same ring to it, marc. >> jimmy carter -- megyn: i don't think this is likely, but, simon, i want to ask you -- [laughter] is it appropriate for the president, i want to just make sure our viewers know.

the way it works is you've got the bio of ronald reagan, like, here and then the white house put on its little addendum on the bottom, right underneath. it's not intermixed, but it's on the guy's bio pages, and some are saying you can't be doing that, that's the white house.gov web site, it's not barack obama's web site. >> well, i think, i think if barack obama gets criticized for what he orders for lunch every day and what color tie he has on, so i think it's perfectly in keeping for him to get criticized over something as innocuous as this. the thing you just showed about george bush was pointing out that george bush had done something good, right? he was the first person to put a state of the union speech on the internet -- megyn: but the criticism is he's trying to make it all about him. that was something george bush had done, but it's like, oh, back to me. >> i know, i know. but i think, first of all, they've been very clear they did not change the actual bios. to be clear about that, right?

the second thing is these were addendums at the bottom, and i think it's perfectly okay to use history to help inform the present. we learned the comment that, i think, got many people upset was the quote about ronald reagan, you know, saying -- megyn: let me just show them. i'll let you finish your thought, let me show them what you're talking about. megyn: one where a multimillionaire did not have a lower tax rate than his secretary. megyn: that's a controversial rule that has a partisan divide surrounding it, and a lot of republicans are saying don't be suggesting president reagan would have favored the buffett rule. >> i mean, here we are, the president getting criticized for praising george bush and ronald reagan in these footnotes and, you know, there being outrage and anger over him actually drawing attention to good things

that republicans have done. so he can't win, right? i think. so i think this is all a tempest in a teapot. and at the end of the day, marc, i'm surprised you're spending so much time on this. i thought the idea was to talk about the economy and not these extraneous matters. megyn: people started to talk about it more when we saw those funny pictures. simon, even you've got to laugh at the pictures. >> the pictures are funny, yes. megyn: go ahead, marc. [laughter] >> this goes to type. every president compare himself sometimes to his predecessors in explaining what he's trying to achieve, but the fact is president obama went and compared himself to every american president in some way, shape or form and how he is building on their legacies and taking it to the next level. the reality is that this plays to type. this is the president who gave his convention speech in a replica of a roman forum, this is the guy who said future generations would remember his administration as the moment that the oceans stopped rising and the earth began to heal.

and if you want to see a difference, just look at the speeches they each gave comparing -- announcing the killing of osama bin laden and the capture of saddam hussein. president bush referred to himself only once or twice, and it was to say that i called the troops to congratulate them, and everything was we and what the troops had achieved. president obama's speech was i directed secretary panetta, i looked at the intelligence, i ordered. this is the most egomaniacal president we've had in american history x this is just another piece of evidence ant that. -- about that. megyn: simon, i'll give you the last word. [laughter] >> it's hard to follow that. megyn: he wrote the speech, so he knows. >> i know, marc was well prepared today, you've had a good day today. [laughter] megyn: simon! simon's last word is conceding defeat -- that's very, very gentlemanly. >> not defeat be.

i'm surprised marc has veered off the talking points -- >> my talking point's the economy. >> you wove it in there, so that was well done. megyn: all right. we'll leave it on that happy note. we'll try. thank you, guys. >> thanks so much. >> thanks, megyn. megyn: follow me on twitter @megyn kelly. coming up next, as the autopsy of trayvon martin is released, former lapd detective mark fuhrman will weigh in for the first time since george zimmerman shot and killed the 17-year-old in florida. he's three minutes away with what he calls a failure on the part of the police and the media, and he is not happy. plus, we have a video lesson today on why not to try capturing gators on your own. stay tuned for that. and major developments in the debate over iran's nuclear plan with just six days to go until the next meeting on the rogue nation's nuclear program. the plan israel may already have in place in the event of a strike on iran. we're live at the white house, top of the hour.

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megyn: new developments today in the trayvon martin shooting that could have a dramatic impact on the case. we are getting reports of autopsy results said to show that the teenager had injuries to his knuckles. obviously, he died of a gunshot wound, and they are saying that he also had injuries on his knuckles. if so, it could support george zimmerman's claim that he shot trayvon martin in self-defense. some are pointing to this photo from abc news that shows zimmerman's head, reportedly, bleeding and gashed. before this all happened they say on the night that zimmerman shot and killed trayvon. this autopsy and the medical reports that came out on zimmerman yesterday from his own family doctor are raising new questions about how this case has been handled. joining us now, someone who has called the entire handling of

the case from top to bottom an epic failure, mac fuhrman -- mark fuhrman. i'm interested on your take on this because you have yet to publicly comment, and we have people ripping on the cops, the media, george zimmerman, there's plenty of blame to go around in this case. but i just want to start by asking you your overall impression of this case. >> well, megyn, my overall impression, to be put in a couple of sentences, i would say there is an individual that is an overzealous, self-appointed plainclothessed security guard with a concealed weapons permit that decided that he knew without any training, without any experience in life what suspicious behavior was, and he pursued trayvon martin to the point where either trayvon martin was tired of the observation and the following or somehow that distance closed where there was a confrontation

and a shooting. megyn: your thoughts on what the police knew on the night in question and what they are likely now looking at as they have the autopsy results coming in and, perhaps, some other forensic results. >> well, let's be clear that the autopsy was done within 48 hours of this shooting. that means the lead detective knew certain things about this case immediately and even the initial time of the shooting or shortly thereafter. first, he knew the cause of death, he knew the weapon that was used, he had the statements of the shooter, he had the physical evidence of the clothing of both the suspect and the victim, he had bloodçç evidence, blood spatter, high velocity, low velocity and cast-off blood that was either at the scene, on the individuals, and he had the crime scene. so he had -- let's just say he

had 75% of what he needed to make a determination, and the detective's initial determination was he was going to arrest george zimmerman. >> you talk about how now they're going to know in particular the angle of the bullet wound that went into trayvon martin and how that may speak volumes about what was, what actually happened between the two men. tell us. >> well, the angle of the bullet, if trayvon martin is, in fact, by george zimmerman's account on top of him, delivering blows to his head, and at that time george zimmerman determines that his life is in jeopardy and he shoots trayvon martin, that means the angle of the bullet will have to match the statements of zimmerman and, especially, they have to walk zimmerman through this whole scene and have him describe and, actually, probably demonstrate his position. the angle of the bullet would have to be most probably the lower angle op trayvon martin's -- on trayvon martin's

chest and exit at a higher level on his back or whichever direction of angle it was, it would have to be lower in the front. and then the distance. the autopsy released -- they describe the distance between the weapon and the wound as an intermediate range. well, this is where the media starts to fail itself. instead of reporting what intermediate range is in the autopsy world, they just leave that hanging. intermediate range when you're talking about an autopsy and a contact wound is 24-36 inches, give or take probably 6 inches in each -- either direction. megyn: so two to three feet away from one another, is that what you're saying? >> well, you're also talking about arm span. i have an arm length on a shirt of 34 inches, so that's within 2 inches of three feet. you're talking about arm span, and that means that people grappling at arm's distance,

that shooting could have occurred at that distance. megyn: what is the takeaway here, mark? i know you don't think the media has handled this right, you've got opinions about george zimmerman arming up as a self-proclaimed neighborhood watchman, walking around that neighborhood. what do you think the takeaway is? >> well, the takeaway is, first, that is a fact. george zimmerman decided that he knew what suspicious behavior was, and he armed himself. and without training, that's a dangerous combination. trayvon martin is going through a neighborhood -- whether it's a shortcut, whether he lives there or not, i don't think there was suspicious behavior because he even questioned, why is this guy following me? the takeaway is this: you can't have inexperience, you can't have lack of training and a firearm in a confrontation and have it come out a good scenario. i mean, this is never going to come out well. you know, trayvon martin, um, maybe rightfully so finally spun

on george zimmerman and said what are you follow being me for? what's your problem? and george zimmerman, you can tell by all the pictures, he's smaller. megyn: we don't know -- >> was the gun displayed? megyn: i got that run because i'm up against a hard break. mark fuhrman, thank you very much. we'll be right back. still have doubts about taking aspirin for tough pain? listen to what mvp justin verlander thinks about it. i would say the source of most of my muscle pain would be in my shoulder. my trainer kevin rand recommended it to me. i was kind of skeptical at first, but i tested it out, and bayer advanced aspirin relieved my pain fast.

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megyn: as if we didn't have enough to worry about, your cell phone could be ruining your looks. some plastic surgeons -- surprise -- warning of a new phenomenon called smartphone face. sagging jowls, double chins and added lines around your mouth all from using your favorite gam jets. trace gallagher, then we have to fly to hollywood to have it fixed. >> reporter: first signs of aging happening in your chin and jaw line -- megyn: i have that. >> reporter: right?

if you're looking down at your computer and cell phone -- megyn: trust me, it's there. >> reporter: your facial muscles, by the way, and your neck muscles get weaker, and gravity starts to pull you down, and you get that saggy, droopy look. well, now the american society of plastic surgeons say chin implants are the fastest-growing cosmetic surgery, more than double breast implants and line suction combined -- liposuctioning combined. and so the products that you kind of put on your face are selling like hot cakes, those skin creams, because they swear they will correct smartphone face. and we did a little research, megyn, and we found out this is kind of what i'm going to look like next month sometime. not exactly what you want, but that is the definition of smartphone face. megyn: what is going on? what is that? >> reporter: as soon as i look like that, megyn, i'm going to go and get it corrected, chin

imbrant. and i'm all better -- megyn: i feel like i'm already there. i really do. i don't think i need a chin implant, i mean, isn't it just like you get older, and then your skin starts coming down, i smile, i've got these lines here i never used to have, but i don't think getting a bigger chin is going to solve this. [laughter] >> reporter: i was going to do you first, but they wouldn't let me. megyn: you can just put up my real face. >> reporter: no, come on. you look like a million bucks. megyn: when we did this story yesterday, when my team pitched it, i put my phone in my purpose on the other side of the car. stay away! thanks, trace. [laughter] >> reporter: sure. megyn: we are just moments away from possible news in the debate over iran's nuclear program. the president's national security adviser scheduled to speak at the white house in moments. we'll go live there after the break. plus, a group of gop strategists is proposing a may or you attack -- major attack on

the president, claiming he's planning to make news of the reverend wright issue. but now some are objecting, and we have breaking news on this right after the break. [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard." 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

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megyn: we are waiting for possible news in the debate over iran's nuclear program. the president's advisor, the national security adviser tom donolon. it's not every day you have the fashion stall security advisor joining mr. carney at lectern. we are getting word that the senate failed to pass a new round of sanctions cracking down

on iran. ed henry joins with us the latest. >> reporter: this is a tense and urgent situation. the u.s. ambassador to israel saying today on israeli army radio. while the u.s. wants to solve this situation with iran diplomatically. a possible u.s. military strike planned have already been drawn up and are ready to go if necessary. obviously there with been reports the last couple days, satellite images suggesting they are moving closer to obtaining nuclear weapons. as you mentioned chicago, the nato summit over the weekend into monday, the white house was hoping senate democrats would move forward with a new round of sanctions. republicans block that for now. senate democratic leader harry reid very upset about that.

republicans are saying they are tired of sanctions and talks, they want to see military action. take a listen. >> i'm really upset about this. i feel i have been jerked around, that's a pretty good understanding that language people have because we can never quite get there. the republicans have kept us from this for two months. >> there comes to point where you have to talk to these guys in terms that they understand. you have got to say if you keep this crap up, you are going to die. it's time we do something to stop this nonsense instead of talking about it and killing everybody with paper. >> we are expecting jay carney to come out with the national security adviser to address this and other subjects. they have rejected talk about military action because they leave tough sanctions against

iran if given more time will work. but interesting that this new fox poll that came out yesterday asked americans about the president's handling of the situation in iran. 48% approved, 48% disapproved. a close spread but the president has an edge with voters who think he is taking a tough line against rain. megyn: we are awaiting the national security advisor. the minute we have news we'll bring it to you right here. we have breaking news from the campaign trail. new reaction from mitt romney to a report in the "new york times" this morning that a group of gop strategists may be planning to make president obama's past relationship with the

controversial ref van jeremiah wright an election issue. at opening of the democratic convention, this man, reverand jeremiah wright became an issue in the 2008 campaign. then president obama left his church following politically charged comments. then senator barack obama said they were never made while he was there. after the 9/11 attacks he said quote that was america's chickens coming home to roost and saying god "d" america. and now weighing whether to revive the wright controversy in a major line of attack.

we just heard from mitt romney blasting that strategy today on the radio. >> i repudiate the efforts by that pac to promote an ad strategy of the nature they described. i would like to see this campaign focused on the economy, on getting people back to work. i'm seeing rising incomes and a growing prosperity, particularly for those in the middle class of america. and i think what we have seen so far from the obama campaign is a campaign of character assassination. i hope that is not the course of this campaign. i want to us focus on the ideas that will get america stronger with a better future. so with regards to that pac i repudiate what they are thinking about. i think the american people ... megyn: mitt romney saying he doesn't think it's a good idea,

he repudiates that line of attack. the super pac in question released a statement distancing itself from any such strategy saying the man who allegedly authored it and oversay the, joe rickets did nothing of the sort and didn't plan on accepting it. so is this a strategy or isn't it and is it a wise one. joining me now fox news contributor jason riley. the "new york times" talks about -- it would be a huge ad buy, the proposal talks about a five-minute film talking about president obama's relationship to reverand wright. now that it's been out the group is saying no, no, no, no, no. but a lot of people think the president's relationship with reverand wright and then senator

obama is a deal and should be brought back to the public's attention. what do you think? >> i think using reverand wright to go after barack obama is fair game. but it's another question whether it's smart politics. i think the romney campaign is right to do what it did. i don't think it is smart politics. president obama has a record to run on. he doesn't want to run on that record. and this sort of attack would give him an excuse to talk about something else. but the other problem with this approach going after obama in the fall is that personably very likeable in america. it's his policies the people dislike. the romney campaign is right to focus on those policies. obama-care is polling at 39%. but his approval rating is 48%.

i think romney should keep the focus on the unpopular policies. megyn: is there any chance that those on ought gop side who do think making wright an issue, ref an reverand wright an issue. is there any chance they can do it now? the "new york times" put out this issue with incendiary comments. the metrosexual president has emerged as an elitist politics. they say the american people aren't ready to hate this president. but they are open to someone else. maybe enron any could do a better job. >> these super pacs operate independently.

if these groups want to go forward with these attacks the romney campaign has no say over it. i just don't think they are doing romney any favors. there is also a risk of a backlash. independent, women voters might perceive these attacks as racially motivated. so i think it would be wise to focus on obama's unpopular policies and not the sort of character attacks that would be associated with going after wright. megyn: we have seen so much of these super pacs. they are much more incendiary and what the campaigns get behind. romney to our knowledge isn't connected to this super pac. but now it's out there in the "new york times" and there is a line how they will fight racism charges involving a literal and

conservative african-american. that would be helpful. literal. >> this is free speech, megyn. campaign groups are exercising their free speech. they have the right to do so. i think, though, if they want to help mitt romney they ought to be wise about how they go about attacking president obama. attacking a president that has a 60% likability rating -- megyn: i think their point would be the more people understood his ties to the controversial figure the likability factor would go down. >> he quit the church and denounced the reverand. he's already done that. megyn: when you sat in the chair in the pew for more than two decade, the guy baptized his children.

he married what barack and michelle. >> i think he would say, you know, throw me into that briar patch. melling * the pac saying they didn't author or fund this report. and he didn't plan on accepting it. take it for what it's worth. we are waiting for the national securitied a advisor to speak at the white house. he may be asked about the possible u.s. strike plans on iran. we'll certainly take you there for that as we get it. we are awaiting the department of justice reaction to a new voter i.d. law as one high-profile con there are suggests southern general eric holder's team may be joiningo -- may be gining up issues to help the president.

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megyn: we are track a developing story in mississippi. a new voter i.d. law signed by that state's governor. attorney general eric holder has rejected those laws in the past few months.

charles krauthammer accused the attorney general of take on these cases simply to rally the political base rather than to uphold the interests of justice. here is charles krauthammer on "the o'reilly factor." he's a political hack. the justice department is an important job. you are the supreme law enforcement official in the country. you are entrusted with upholding the rule of law and the constitution. the amount of stuff he has done as a pure political hack starting with the mark rich pardon back in the clinton administration. this was a guy who would be at the beck and call of his political masters. if you are attorney general you shouldn't be acting in that way. you should be acting for the nation. megyn: joining us for a fair and balanced debate, julian epstein.

and jay sekulow. he has take and lot of incoming as a lot of attorneys general do it's a thankless job. but is that criticism valid? >> i generally respect charles krauthammer and his writing. i think it's unfair for him to use words like "political hack" when he can't back it up. on voter i.d. laws i think he's on strong ground. there is no evidence of voter fraud. voter i.d. laws can discourage voters from voting. whether it's interrupting terrorist plots or financial fraud settlements with medicare or getting huge settlements on mortgage fraud.

violent crime is as low has it has been since 1963. i think a lot of the attacks on him are political. megyn: his position is it's not eric holder who is political. it's the attacks on him that are. >> i don't buy that. i agree with jewel glant sense the attorneys general are often the focal point of political issues. megyn: if you get offered that job, don't take it. >> i think anybody taking the job, including eric holder has a sense of duty to the country. what i do agree with charles krauthammer about is take a look at the voter i.d. issues. we have lawsuits and threats of lawsuits against texas, south carolina, arizona and other states. but the new black panther party who was in front of voting booths with clubs threatening people's lives, they give them a pass. that's a political decision that was made. why would you let that go and

not look at that as a voter intimidation issue. but you are worried about someone giving an i.d. julian and i came to a solution that solves this i.d. issue. whether it's a thumbprint or eye print, there are ways to address the voter i.d. issue. there is nothing wrong with showing voter i.d. but from a political standpoint. look at the decisions. we'll sue arizona under immigration policy but we won't comply with the subpoena from congress over "operation fast & furious." they are political decisions that are being made. >> first of all in the black panther issue the republican leader of the u.s. civil rights commission wrote a very strong opinion saying that it was just purely politics, nobody was intimidated and it was a phoney case. using that as a comparison -- let me finish, jay.

even the republican who investigated this said it was a phoney case. with respect to arizona they are bringing the arizona case because they believe it will result in serious discrimination including hispanic americans. compliance on the seen ace an issue we debate several times. they provided 7,000 documents and a half dozen documents. it requested grand jury materials and things congressional committees mostly don't get. go ahead, jay. >> the speaker of the house asked the president to comply with the speaker completely. that number one. when you look at voter i.d. issues. the idea that the states don't have a legitimate interest in protecting voter integrity is ridiculous. you say 200 votes.

what's the big deal? elections have been decided by less than 200 votes. the political nature of this -- when you are talking about the civil rights which is not the same as the justice department, it's a commission, it's not the justice department. we know the difference. there is a big difference there. the idea that standing in front of a voter booth or voter area screaming and yelling at people and telling them who they are going to vote for is not voter intimidation under federal law? of course it is. megyn: i want to ask you both quickly. in your view is this position of attorney general a political position? jay? >> it's not suppose to be. and in eric holder's diflts's a tough one to be in because there are political element to it. megyn: julian. >> primarily it's law enforcement but every attorney general has felt the impact of

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megyn: we have an incredible video. one man demonstrates why you don't mess with the gator. the man in this video is a scientist. he worked for a local aquarium. all he was trying do was rescue the gator from the ditch. you can see the gator snapping at the man. he was bitten on the arm. he's expected to be okay.

the gator was captured and released back into the wild. that's an animal lover. new bombshell allegations from a voter fraud case in one new mexico town. topless strippers, hidden cameras and a mayor sitting in jail. eric shawn live in sunland park, new mexico. when we put you on the voter issue beat, who didn't think strippers and jail? >> reporter: this is an astonishing case. we are near el paso. it's the city they say that was stolen by voter fraud. the alleged scheme was to steal the election so the local politicians could stay in office and control the money. one way they allegedly did that was by stuffing the ballot box by getting people who live out

of state to vote here. one couple said they voted in the election but they live in texas. when you said you live in texas, she said it's no problem? >> no problem. >> she said no problem. >> reporter: juana and arturo don't live in new mexico but they were registered to vote there anyway. they say the was to steal the election for the mayor salinas. the crimes range from extortion and blackmail to voter fraud. >> reporter: did they try to steal the election. >> each case is independent. but when you look at what the whole scheme was for, it was to get salinas elected. >> reporter: the allegations

involve using city money to pay for mexican possible stay tiewts. and the candidate running against salinas getting a lap dance. >> you have a political witch hunt that has nothing to do with facts eafned. >> reporter: but arturo who came to this country in 1974 to pursuit american dream says he's so disillusioned by the fraud he no longer wants to cast his ballot. >> reporter: they say they were told to vote for daniel salinas. as for hernandez, the candidate who got that lap dance. he says we are only human. megyn, if anyone suspects problems where you live,

voterfraud@foxnews.com. i don't think we'll get a combination of strippers, a lap dance, a videotape. megyn: eric wants the same perks. questions about whether something is broken inside one of the most severed machines ever. political writers wondering what is going wrong with the president's election campaign. he was praised for how he ran his '08 campaign. but not so much today. a judge has ruled on a canine controversy over this little dog named knuckles. someone had to lose in this bitter custody battle between ex-lovers. but was it the man who spent

thousands of dollars to keep his beloved pooch? >> i raced knuckles since he was 2 months old. i fed him and cared for him. he went from being a precocious puppy -- i want to see him be an old man. not just see him snore like one, but see him be an old man.

megyn: new questions from the campaign trial whether something is broken inside the president's campaign machine. several political columnists are raising that question after may started with a campaign ad over the killing of usama bin laden. critics say the ad they ruled out did not give enough credit to the special forces and gave too much credit to the president personally. then we learned the economy only added 115,000 jobs in april. meanwhile, 342,000 americans become so discouraged they dropped their job search entirely. then vice president joe biden got out ahead of his skis as president obama it on the issue of same-sex marriage. that forced the president to

announce his personal support for same-sex marriage before getting the political payoff his team had hoped. 50% of the american people believe he did it for political reasons. polls have not reflected well on the president in recent days. there was a question about whether his campaigns what it was back in '08. join pleading to discuss it. the ceo of ben care communications and former advisor to john kerry's campaign. and ed rogers, a former deputy assistant to president george h.w. bush. so now you have got karl rove. you have got michael barone. and others coming out talking about whether the wheels are coming off of what was a well-oiled bus in the '08 campaign season.

are they? >> well, the wheels aren't coming off but they are wobbly. the obama campaign isn't where they thought they would be in january with a weak republican nominee, a weak mitt romney emerging as the nominee. they thought and everybody thought they would have about a 15-point lead right now. but instead obama is weak and obama is strong than pretty much anybody calculated and the obama campaign seems to be flat foot. they haven't captured the spirit and enthusiasm they had four years ago. they appear listless and are driven by events. they have had their share of mistakes and the polls feed the sentiment they are off track. politics bad gets worse. so they are going through a trough. i wouldn't trade places with obama if i were romney right now either. megyn: how did the president get

to this point? is it a function of the economic numbers or is it a series of mistakes as rove and others are pointing out. >> i think the president got a big bump at the end of the republican primary process when you had reverend wright issues that came up. so now that that died down some -- you have got come -- the country is divide at 45-45. so this race is going to come down to where can you get the electoral votes to win. i think the president seems well tested. i'm not worried about that. there are factors in american politics that are beyond the president's campaign's control. that's what i find to be the bigger concern the next six months. megyn: it's the same team in place he had the last time around. so why would they hold, for example, the official kickoff of his campaign in an arena that was looking people.

thousands of seats available. just optics. some of the things rove points out. these show a shoddy approach to some of the rollout and self-inflicted wound they didn't have to have. >> self-inflicted wound combined with a head wind from the economy and combined with a total lack of enthusiasm compared to where they were four years ago. obama was an unknown romantic figure four years ago. now what has he got to show for it? he has a healthcare debacle. the cap and trade, the first half of the term. a disastrous mid-term election and here he is with people befuddled with what to do about it and thinking the old magic was going to come back. michael makes a good point. it's about 270 electoral votes. obama has a big snrangt electric for college. but again he's just nowhere near

where he thought he would be. but with that said, more of the same is undesirable. they have to have more energy. fewer mistakes and be more aggressive with mitt romney or else they are head into a period where romney support is going to solidify and he will look stronger by the day. megyn: in the real clear politics average of all polls the president is ahead of romney by 2 points. but you say that's well and good, it's going to come down to swing states. and that's what the white house and probably the romney campaign are tracking closer than anything. >> right. in 2004 i was on the kerry campaign. we were ahead of an incumbent president by 10 digit and we did not win. there are so many events that haven't unfolded that will unfold before this is done. the president has a 51-45 lead in virginia. that's unthink act he's over 50

in a state next to the capital with the economic head winds. if he keeps those leads in those states he will win reelection. megyn: let me ask you on that point. he got a lot of criticism for coming not you support of gay marriage right after north carolina voted to paint. that's swing state. that's on your list of most important states and now he's behind 6-8 points in that state. >> when you run reelections you run the one you ran last time so north carolina is going to be on the map. i don't think they will get points for the way they handle it. but the fact that same-sex marriage is important to a growing demographic, it won't hurt them on election day. megyn: is that true, ed? karl rove says it will hurt him in the black community among others. >> i think it already has hurt

him. that said i think he had to say what he believed. everybody in the world knew he was for gay marriage, forced his hand. about it saved him from going through this awkward hemming and hawing convoluted explanation that he had for gay marriage. so did what he had to do. it's dangerous. it's probably a net minus. it's not what the election its going to be about. but it will pinch him in some states like north carolina and virginia. he won't win either one of those states. megyn: how can you say that about virginia when he has the lead michael just talked about. >> i think virginia will come around. i think last time was an aberration. then mitt romney is going to win. megyn: all right, guys, thank you. see you soon. coming up. a decision in the custody fight over a little dog named knuckles. the ruling by a judge in california. what's next for the man fighting to get his beloved puppy back.

we'll tell you how the next phase of this case is already in process. the queen of disco has died. we'll take a turn on the dance floor before we are done this hour. [♪] aspirin, really?

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me. knuckles has been with me since he was 8 weeks old and i can't imagine my life without him. it's been a hard battle fighting this thing it's worth it. we are fighting for something we both love. megyn: a hearing is now set for next month in new york to decide which state has jurisdiction in the matter. so it's not quite over. craig dershowitz is not giving up. >> knuckles is my dog in every way imaginable from him being registered in my name to having paid his vet bills and play group bills and the fact that i raids and cared for him. the problem is she has a wealthy family supporting her, i don't. she has her attorneys filing frivolous motion after frivolous motion because she knows every time my attorneys respond to it, it's another $5,000.

megyn: he wants you to go to his web site to donate to help him in his legal battle. we talked about this the other day. it turns out the girl won temporarily because a new york court can say it has jurisdiction and the california ruling is invalid because she took the dog and ran. is this ruling going to stand? >> actually, megyn, on the merits the boyfriend should win. i think technically procedurally speaking i don't think the new york court had jurisdiction to enter the judgment it did that was transferred to california. apparently she filed a motion to vacate that. megyn: you lost us all. >> the bottom line is she doesn't live in new york. the dog is not in new york. unless they can establish some sort of basis to drag her back to new york to face the music on this case, then new york has no

jurisdiction. they have no power to enter a decision against her. what he should have done, the boyfriend, is filed a lawsuit in california where she is and where the dog is. megyn: look how much he loves that dog. just the fact that he created a video black and is asking for donations. he spent $60,000 to get it back. doesn't that weigh in his favor with the courts? >> if you look at some of the cases we covered, there is a pair of pants that cost $70,000. the court doesn't take a look at that unfortunately. a lot of my clients have been on the receiving end. megyn: is it a custody thing where you say what is in the best interests of little knuckles? >> who is the owner of the property? it's property rights. and she the girlfriend is saying wait a minute. he gave me knuckles. he said i have got email saying i'm knuckle's mommy. he didn't say wanted his dog back.

he didn't say he wanted knuckles back until she rejected getting back with him. megyn: he denies that and says the only reason he gave knuckles to the mommy for a year was because he was looking for housing. he made clear to her all along he was still knuckles dad and wanted him back at the end. >> that's right. she dumped him, threw him out of her house in massachusetts. he had to find a place to live in new york. he couldn't take the dog with him because he wanted to make sure the dog had a roof over his head. they had an agreement. once i find a place to live, the dog goes with me and we'll share custody. there is no way the guy walked away from the dog and gave it to the girlfriend. megyn: mercedes. if they treat it like property, a dog in this situation, a divorce or breakup then it won't be like craig you can have

visitation. if she has ownership it's over between knuckles and craig forever. >> there won't be visitation. it's property. the judge in california that ruled yesterday said can't you guys work this out? he doesn't want to get involved. ultimately i think there is some serious jurisdictional issues here. the girl friend said wait a minute i took knuckles from massachusetts. i don't know what he's talking about that we cohabitated in new york. so he doesn't have jurisdiction no matter what. it should be massachusetts or california. the journal said work it out, guys. megyn: the rule is you are supposed to love your child more than you hate your ex-spouse. the same is true in the case of knuckles dershowitz. >> they should share custody. one should have the dog half the year, the other can take the dawght other half a year. they can do it by agreement. >> i don't think these two can.

megyn: if you are cohabitating with your boyfriend or girlfriend sign a preknuckles agreement. thank you, panel. coming up, remembering the life of a singing legend. stay with us. ♪ [ male announcer ] you're at the age where you don't get thrown by curveballs. ♪ this is the age of knowing how to get things done. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor.

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[♪] megyn: she brought a lot of pleasure in to a lot of people's lives. donna summer the queen of disco died this morning after a long battle with cancer. trace gallagher has more live from our west coast newsroom. >> reporter: despite the fact she was battling cancer, her

death with us unexpected and she was making music right up to the end. she was work on the finishing touches of her album. she was in florida when she died. you look at these videos in the late 70s, early 80s. she was as big of a star as there was. five-time grammy worker. a string of hits. she was the first artist to have three consecutive double albums reach number one. take a second and listen to donna summer. ♪ let's dance ♪ let's dance ♪ let's dance ♪ let's dance tonight >> reporter: she brought down the house during the "american idol." in the 80s she became a born

again christian. she went on to produce gospel words, she even did some tv work. she was the aunt on the show "family matters. " up to three years ago she was still touring. the responses are flooding in on the internet. kelly osbourne has tweeted last dance tonight is in honor of you. ryan seacrest saying i remember sitting in the front east my mom's toyota while she sang donna summer's "she works hard for the money." 63 years old. you can remember high school, her songs started out slow soy could get close to your girl, then they got fast and you could step back and dance. megyn: thank you, trace.

along with whitney houston gone this year. too soon. a party?

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