zero in new york city, to raise $100,000 for the september 11th memorial and museum and some other worthy charities. find more information about his run on our website, foxnews.com/happening now. jenna: that's pretty good! productive weekend! >> jon: 100 miles in 30 hours. thank you for joining us. jenna: "america live" starts right now. >> we begin with a fox news alert, serious new fallout on both sides of the globe after pakistan punishes the man who helped the u.s. bring usama bin laden to justice. welcome to "america live", i'm shannon bream in for megyn kelly. pakistani officials telling fox news the u.s. needs to take a deep breath, accusing america of overreacting, and saying the three three-year prison sentence for the doctor is pay back for the secret raid on bin laden's compound that outraged pakistan's military brass. the comments could further complicate our already strained relationship and it comes as the u.s. senate

panel unan husbandly votes to slash pakistan aid by $33 million, that's a million dollars for every year that man's sentenced. dominic di-natale is streaming live from islamabad. >> the pakistan authorities today, rebuffing america yet again, second day in a row, saying the u.s. really needs to take a deep breath over the shaquil afridi story, the issue, saying there's been an overreaction in the united states. it sees it as very much an internal judicial matter and thinks america should mind its own business when it comes to the pakistani court. there is concern here in pakistan for the welfare of shaquil afridi. we know he is on suicide watch in his prison in the city of peshawar, there are concerns about his physical health and symptoms yet to be described to the media relating to a deep

depressionsy suffering result of the 33 year sentence. he is currently in hiding. we believe they are here in islamabad and they are not making applicable statements. they are wary of the rising backlash between islam groups and antiamerican lobbyists who really have the potential to actually harm these people. that's at least what the family says, as do other support groups. human rights people and also lawyers, now starting to say look, he shouldn't have been tried in a tribal court, he should be tried in the federal court, and if he had, not only would he have had a chance to defend himself, because he hadn't, also, what was actually presented against him would not have actually led to him being found guilty of treason. now, all he has -- well, now what he has to do is try and get an appeal in two levels of court. but ultimately, people are saying here it could be a presidential pardon he'll need in order to be released, and only then, well, he may be allowed to go to the united states just as hillary clinton and of

course, the rest of the -- the united states demanding he should be allowed to do. shannon: dominic. thank you. this is the latest wrinkle on our very complex relationship with pakistan, what efforts will there be to try to track down terrorists overseas, in ten minutes we ask former secretary of defense for aryan and pacific affairs, peter brooks. the obama, taking sharp aim at governor romney as he makes a new push to win over middle class voters. >> the role that governor romney gained from his experience in the financial field explains something. he explains something, like the last time he visited these fairgrounds, he famously declared that corporations are people. i know governor romney came to demoines.

last week. warned a prairie event of the that's what he said. prairie fire. but he left out some facts. you know, his speech was more like a a dis-- distortion. shannon: it's a tight race when it comes to the middle class, 49 percent say they believe governor roy will do a better job handling the economy, that's four points ahead of president obama, but the president has a three-point advantage when it comes to creating jobs. when it comes to a head to head race for the white house president obama hold as two-point lead. cries stierwalt is our fox news digital politics editor and host of power play on foxnews.com, every day at 11:30. >> great to be here. shannon: so much has been made of voter groups, hispanics, the women groups, catholic, this is straight down the middle and these two look neck and neck. >> they certainly are and they both talk about that

neither -- neither miss a chance to talk about how gosh darn much they love the middle class and want to fight for them and do the things for them. the reason that they do that, shannon, is that middle class voters are the ones who are up for grab, people who are very poor vote overwhelmingly democratic, people who are better off, make more than $100,000, traditionally side with the republicans. it's the voters who are in the middle clickcle who are in the middle politically and they go back and forth and quite often, shannon, it's because they're the ones to feel the pinch when there's trouble in the country, they're the most susceptible to it and most will to go change their positioning. shan *pb do you think the tight poll notes are motivating the white house, the president to come out of the gates, attack head on, going head to head with romney, though we're months away from the general election? he has pretty strong language, low i did hear you chuckling when he said cow pie of destruction. i haven't heard that on the campaign before! >> that's an obamaism, you

can tell that was one they had put together for the speech, you could tell it was like should i really be saying this phrase? but he gainly charged ahead with it. look, the reason he is in iowa talking to those voters, trying to use that sort of home spun language and be relatable, the reason that they're attacking mitt romney on his bain capital experience, in years as ceo of that firm, the reason that they're doing all these things is that while the president is evenly matched with romney overall among middle class voter, when you get to lower income voters, when you go down another notch in the income, you get down under $50,000, you get down to working class voters, especially white working class voters, the president is in dire, dire shape. this is his chance to say to them, you may knowo on may not be kreuzy -- craze -- crazy about me, think i'm too liberal, but mitt romney is a bad person. he's making a character attack to say romney is

unworthy of the office. shannon: how does the romney campaign combat that? >> it is advantaged in one way, modern suburbites, people who will decide this election in the end, the swingingest of all the swing voter, they are probably turned off by what the president is doing here, so romney needs to encourage that and have them to reinforce their concerns about what the president is doing as it relates to the free market. but what romney has to do with those voters is getting out there and make his case for the very thing he's been doing all along, which is i can help turn the economy around, which will result in a better standing of living for you, it will be materially better for you. romney is offering an absolute -- he's trying to strike a bargain with these voters and say you may not crazy about me but if you elect me i can get the economy going. shannon:le numbers are tight but what do you think of the fact that the voters give romney the edge when it comes to better handling the economy but give the president the edge when it comes to better able to create jobs.

is that not the same question? >> well, no, it's a different kwae -- question, because there are people who think -- it depends upon your point of view. it you believe the purpose of the business sector is to create jobs and that's what liberals think, then you think that barack obama, who favors stimulus spending and things to try to juice the economy, maybe has a better plan. conservatives on the other hand think the invisible hand of capitalism works its magic and people end up getting employed but that's not the purpose for which business exists -- exists so the philosophical difference is the difference in the two polls. shannon: chris, thank you always for joining us. >> you bet. shannon: a deadly traffic jam at the top of the world. just days after at least four climbers collide on mount everest, hundreds more are now rushing against tile and the weather to try to reach the summit, a narrow window is closing quickly, raising fears of an extremely dangerous and possibly even more deadly end of the season. trace gallagher, live in our west coast newsroom with

more. trace. >> reporter: shannon: we're having technical difficulties but we'll get back to trace on that important report about mount everest and what a treacherous year it's been and what's coming in the closing days as that season closes. in the meantime growing outrage over pakistan, what effect could it have on u.s. intelligence operations and will potential informants think twice when it comes to go out to the u.s. and wrongly convicted of rape, how a social networking site helped a one-time football star clear his name. wait until you hear about his inspiring plans for the future. and new developments in one of the most hotly contested senate races in the country. massachusetts' elizabeth warren doubles down on claims she is a menority. we've got her stunning showdown with a reporter, and you won't want to miss it.

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shannon: let's check back in with trace gallagher, as just days after at least four climbers died on mount everest, we hear hundreds are getting ready to try the same summit. trace gallagher has more. >> reporter: experts say that 25-30 climbers is day is fine but now we're going to have 200 climbers that will try and summit today, in fact, 52 have already summited and the experts say that's just too much. in fact we're already getting blog posts and satellite phone reports that some key points along the climb are getting clogged up and there is word of jostling as some of the climbers try to pass each other. let me show you this map to give you some context of what we're talking about for

the final push. the climbers go from camp four, the base camp you see at the top, to the top of everest, it's about 3000 feet, about half a mile up there, it can take as long as 12 hours to get to the final point at the top. the climbers are moving at about 100 yards per hour, imagine that, a football field per hour. the big concern is frost bite, lack of oxygen, last week when the weather turned bad, four climbers got bad when they got low on oxygen. here's the doctor who tried it save those climbers. listen tom. >> he basically was hasusenating, he took his hat off, his gloves were thrown away and he reached out and looked at me and kind of reached out to me, kind of like in a zombie-like fashion. at that point, there's not a lot you can do for somebody that's dying and frozen to death. >> reporter: i mean, they call it summit fever, shannon, because you get so close to the top that you just want to go for it. remember, these people are paying 25-$50,000 to make

that climb. she spend -- they spend months at base camps getting acli -- acclimated to the altitude and when the weather clears like it is today and tomorrow there's this rush togate up there and sometimes the best decision is to turn back. a lot of people don't. four thousand people have made it to the top, 10,000 have tried, 220 have died while trying. shannon. shannon: trace, when you read the accounts of just how people react when they're deprived of oxygen, as you mentioned, you're not always making the best decision, you've gone so far to get there, it's sometimes overruled by logic and reason and that leads to these tragic results. thank you for the update. >> reporter: okay. shannon: tensions rising between the u.s. and pakistan, after the 33 -- three three-year prison sentence for the man who helped track down usama bin laden and kill him, tr-fplt shaquil afridi ran a vaccination program that d dollars dna, conforming the terror leader was inside the

abbottabad compound, a pakistani official defending the country's reaction and calling the american response overblown and says the u.s. needs to, quote, take a deep breath, congress paying little mind to that, voting to cut aid by $1 million for each year of dr. afridi's sentence, all of this happening during tense negotiations over supply routes into afghanistan. let's bring in peter brooks, senior fellow of national security affairs at the heritage foundation. peter, good to see you today. >> good to see you. shannon: what do you make of this pushback from pakistan, saying hey, this is an internal matter, this doctor committed in our estimation treason and was tried by a tribal council as i understand as opposed to a more formal federal court. how did that impact him with the three three-year sentence? >> the fact is that he didn't go before a federal court would he -- where he would have been able to defend himself. i'm not a lawyer, shannon, but that's my understanding. basically you might look at it as a quote unquote kangaroo court. this is an issue of pride for pakistan. this is an issue of

nationalism, and they've put the -- making this person an example, making an example of dr. -- of this doctor, instead of putting u.s. u.s.-pakistani -- u.s.-pakistani relations in the forefront. we have to remember both of us have big challenges in that part of the world, whether dealing with terrorism, violent extremism, the future of afghanistan and they've made this gentleman a pawn in the u.s.-pakistan relationship and it's not going well. shannon: knowing they're unhappy with us is it salt in the wound for the senate to stand you and immediately vote saying we're taking away a million dollars of aid for every year you're puting this guy in jail? $33 million sounds like a lot of money but in the grand scheme of things is it more of a symbolic gesture to say we don't like what you did and is it only going to make it worse. >> maybe by only making it $33 million, they've given pakistan to give them an opportunity to come to their senses and reverse this decision and move it out of the way of the issues we really need to deal with,

such as getting the supply routes open, dealing with the haqqani network, the taliban in the tribal areas and putting afghanistan on a solid footing for the put. -- future. so hopefully there's a bit of quid proquo, tugging and pushing and hopefully it will give people the opportunity to do the right thing and i think pakistan has to do the right thing regarding dr. afridi. shannon: secretary of state hillary clinton says we will continue to push for dr. afridi's release. in the meantime is he going to serve for an example in pakistan for those will to go help the u.s., maybe help out root terrorists not in pakistan or the u.s., are they going to think twice will helping out, supplying us with any kind of information if they think they concerned up in jail for essentially what's going to -- going to happen to this doctor, likely to the -- for the rest of his life? >> i think that's one of the signals the pakistani government is sending, not only people in pakistan but beyond pakistan are going to have to wonder about working

with the united states as an asset in helping us in our intelligence operations. 50eu6 long been a critic of a lot of this information that is coming out about these intelligence operation, shannon. you know, one of the things, not only are people going to be reluctant because they could end up in jail or worse, they could end up with a swing in the galo some place, is the fact that telling about this operation is taking out one of the tools out of our intelligence operations tool kit. we may want to have to done this sort of operation again, this dna collection, sort of thing, somewhere else, but now people know we can do this. it's a fabulous idea, but now this idea has been blown, so there are real concerns about that, and it will not only affect operations today but will affect intelligence operations in the future. shannon: both sides of the aisle, senators, democrats, republicans alike, yesterday as they took this action to cut this aid, talked about how concerned they were about our relationship with -- relationship with pakistan. senator dianne feinstein said this ruling about dr. afridi said that

al-qaeda is viewed by the court to be pakistan. so on a scale of a-f where do you put our relationship with them? >> oh boy. it's a series of continuing crises. we're always in crisis mode, pakistan one month after another. our relationship is probably at a d, going towards -- going down further than that. i mean, it's very troubling. and we're in this boat together. we need to learn to cooperate against these common threats, these dark force we're dealing with. if we don't we're both going to pay a price and pakistan as you may know is one of the world's most terror-afflicted countries, 33,000 people have died over the last ten years from terrorism. they need to get their head on straight about this issue. they need to work with us and other international partners to deal with this, this problem of trim and violent extremism they have in their own country. shannon: peter brooks, thank you for stoping in today. >> thank you. shannon: senate candidate elizabeth warren doubling down on claims she is part native american, her ancestry coming under fire from genealogists, but when

a reporter challenged her on that point, that's when the fire works started and we have got the video. >> plus a highly recruited football star, jailed for a decade for something he did not do, a career, and a life nearly destroyed. what he's going to do to revive his dreams. his emotional story, straight ahead. >> i may not ever get the answer as to why he was supposed to go through what i went through, but i know that i'm here today, and i remain unbroken. a party?

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shannon: young man with a bright tpurbgts jailed for ten years for something he didn't do. brian banks was a high school football star, with dreams of playing college football and beyond. but a decade later, his biggest dream was just to clear his name. trace gallagher, live in los

angeles with this amazing story. >> reporter: really, more than dreamed, shannon, because this kid was heavily recruited by colleges to play football, instead he's wrongly accused of kidnapping and rape, he served six years in prison, out on probation, registers as a sex offender, makes it tough to get a job and listen now as the judge clears him of all the charges: >> >> reporter clearly the emotion is absolutely overwhelm, a decade ago brian banks argued that the sex was con shenualo con sention uual. he pled no contest and regret that is stkpwhraoeugs at that age, you expect your attorney to be the person you can depend on and count on to make those -- give you

the right advice, and decisions to make. so i took the plea. >> reporter: the california innocence project was fighting to get his record cleared when suddenly the woman who accused him of rape admitted she lied, when he got out of prison, she friended him on facebook, they met up, she admitted she lied but she also got a $1.5 million award from the school system and didn't want to have to give up that money. she was quoted as saying, again, i will go through with helping you about it's like, at the same time, all that money they gave us, i mean, gave me, i don't want to have to pay it back. right? after all that. banks says that he is not angry. listen: >> i may not ever get the answer to why i was supposed to go through what i went through but i know that i'm here today and i remain unbroken. >> reporter: it's unclear, by the way, if that woman will have to give back that

money. it's also unclear if she may face charges of her own because of all this but he's out shannon and that ankle bracelet is off, finally. shannon: what a huge relief for him and his loved ones, trace, thank you. a missing boy declared dead after decades of investigations but today, exactly 33 years to the date of his disappearance, the case etan patz, the first missing kid on the back of a milk carton, gets a new chapter. we'll bring you back to the day he vanished and controversy over elizabeth warren's claims over her native heritage, still growing. warren doubled down in heated exchange with a local reporter: >> i can't stop her when she's in this heat wave. >> why did you claim you were minority, then stop? >> i have told you. i have answered these questions. i am going to talk about what's happening to america's families.

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minature laundry de skwrerpblgent safer, it will feature latches to keep children from eating pods which some say is mistaken for candy. a tense exchange between local reporters and candidate in one of the most crucial senate races in the country, a reporter from fox affiliate in boston questioning massachusetts senate candidate elizabeth warren's supposed minority status. warren was listed as a minority in law directories, she said she did it to meet people with similar backgrounds and didn't benefit from her status. so far no concrete proof that she is native american. here's what happened when she was pressed on the issue: >> elizabeth, can you put this issue to bed and tell us whether or not you are, in fact, a member of the minority group? >> so i -- middle class families are getting hammered. i've been out talking to people about this all across the commonwealth. and what they care about are

what washington is going to do about that. my republican opponents have made it clear what they will do. he vote to double the interest rate -- >> members of the cherokee nation want to know. they say you should come clean. >> i have made the facts clear, and what i'm trying to do is talk about in this senate race what matters to america's family, what matters to the families of the commonwealth of massachusetts. >> so will you tell us whether or not -- >> brown has haerpl dollars on my family, at the same time that he -- that now middle class families are also getting hammered on. this is the issue and it's my job in this campaign to talk about those issues. >> why don't you -- minorities -- >> i can't stop her when she's in this sequence. >> why did you claim you were minority and stop? >> i've told you. i have answered these questions. i am going to talk about what's happening to america's families. it's what people across the

commonwealth of massachusetts tell me is important to them, and it's what i'm going to do -- >> don't you think it's an important issue to address? >> i have talked about these issues that are most important to the families of the commonwealth of massachusetts. the families themselves have made this clear. i have answered the questions about my background, about my family, and i am talking about what matters to the people of massachusetts. they have said what they care about is that middle class families are getting hammered. this election will be decided based on whose side you stand on. scott brown has hammered those families harder, he just voted to double the interest rate on -- >> but can you supply documentation that -- >> and i have worked for middle class families for all of my life. i just spent the last 30 years out there advocating on behalf of america's middle class and that's what i'm going to talk about. >> you're not answering the question. >> it's what i got in this race to talk about, and it's

what i'm going to continue to talk about. shannon: how did -- has she answered the question or not? joining us to talk about that, alan coomes, host of the alan coomes radio show and mike gallagher, a syndicated radio shows and fox news contributor. gentlemen, welcome to you both. >> hi. >> hi shannon. >> shannon: alan, i think we can all agree that voteners massachusetts are going to decide whether or not to vote for elizabeth warren whether or not she has a tie 20 the cherokee nation but they do say, some of them, they are concerned about her ability to tell the truth. >> i like watching the liberal left wing media giving a pass to every liberal who runs for office. we don't know what anybody's dna is. how do we know that scott brown is a man? oh, that's right, he posed naked for cosmo poll tan, but that's right, she should be more forthcoming. we did find out she's 1/32 cherokee. >> and even that is in dispute! >> a great, great, great

grandfather, but apparently, whether or not that qualifies to meet affirmative action quota is something i don't know but i do believe she needs to be forthcoming to get this off the table. as you point out, voters have said this -- surveys have shown this is not a significant issue to most massachusetts voters. shannon: mike, do voters give a pass when it comes to not being 100 percent truthful out there? we've seen other areas involving democrats who have been successful, they've been elect the and -- elected and been able to overcome the troubles. >> pocafibber is having a little trouble in her teepe! she's not -- obama can't run off his record and she can't answer -- >> let's stay on the topic of elizabeth war stkpwhraoepb alan, there you go again! she was asked are you part native american or not and her stupid answer was aim here for middle class

family, because heaven forbid she answers it. shannon, this is all about the ethics of it. the voters should care about a senate candidate who tells the truth, but then again, another dying -- lying democrat, richard blumenthal, lied about his military service which is much more egregious and the dopey democrat voters there put him into office in the state of connecticut. democrats have a long history of lying, and they don't -- they're not held accountable. i'm glad for scott brown that this is all coming out and i hope the voters of massachusetts do the right thing and send this -- send pocafibber pack! >> there's that joke again! shannon: i'm calming aside, alan, the polls are tight in this race now. do you think this is going to go away, as elizabeth warren would like to, refocus on the economy or do you think she's going to have to keep answering questions about why she may have represented herself this way, why she hasn't been able to answer the question in a way that mollifies the left wing media. >> obviously, that was

little tongue in cheek. >> do you think? >> she has to stand up and answer questions and forth rightly say here's why i said it, here's why i did it, here's what i hoped i would plush or this is not going to go away until she adequately and accurately addresses the issue, because obviously, there's not been satisfaction on this question. but again, i don't think it will sway the election. shannon: mike, if this -- how do you respond to the claims that a lot of folks out there think that this is scott brown or his supporters want to keep a spotlight on this issue,ba he hasn't done a great job, he hasn't been able to convince conservatives that he's really on board with them, not that that's always a selling tphoeupbt massachusetts? >> right. it's a valid concern. but i think alan is absolutely right, if she's more forthcoming, i mean, what a breath of fresh air. she ought to say listen, i blew it, i've been untruthful, this deception has been advanced for many years, i've tried to take advantage of appearing to be a minority, and i had no

right to do so, and i'm deeply sorry. now, if she says 245, let me tell you something, she -- i think alan senses it, she closes the lid on this thing, but she's not doing it, she's doubling down. >> i'm not sure she could write the script that mike suggests but i think something close to that. but you may be a good speech writer, mike, for elizabeth. shannon: it appears to be in sort -- some sort of rare agreement between the two of you! mike, alan, thank you both. >> thank you shannon. shannon: a troubling report on iran's nuclear program comes two days after fruitless international talks. more meetings set for next month but a growing number of analysts are asking whether iran is using the talks as a stall tactic. are they? we'll discuss it. >> new developments in the case of a woman who was shot after wandering into a stranger's home. we'll tell you why the 21-year-old intruder could wind up being charged from her hospital bed after she apparently put herself and homeowners through a pretty terrifying ordean. >> somebody was shot, she

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or go to libertymutual.com today. liberty mutual insurance. responsibility. what's your policy? shannon: this memorial weekend could indeed feel like a blast of a cruel summer, temperatures getting set to hit the midwest and south, bring ago blast of scorching heat along with it. janice dean has more on your forecast from the fox weather center. >> reporter: the unofficial start of summer begins this weekend, especially across the ohio river valley, the tennessee river valley, in towards the mid atlantic and south. look at these temperatures, 98 st. louis for saturday, 96 in nashville, 97 in little rock, and we head into sunday, a loft folks barbecuing and outdoor, you want to be sure you are very

careful because we're also going to have the fact of humidity getting involved with these temperatures. so it's going to feel well over 100 degrees in a lot of these areas, 95 in nashville, 97 chicago, 90 in st. louis. you get the picture, we're dealing with temperatures ten, 15, 20 degrees above where they should th-b time of year. as we head into sunday and monday, anywhere from 10-15, even 20 degrees above average. but it's going to be short-lived. as we head into later on during the work week, things will start to calm down a little bit and we'll see more seasonal temperatures. but a place like chicago, get set, 79 today, as we head towards sunday and monday, record territory. 97 degrees will be a record on sunday, and we could tie or surpass a record on monday. but look at tuesday. back to more seasonal averages. so a quick shot of summer, and then we're right back to where we should be for this time of year. one area of concern that we are looking at, shannon, as we head into this long memorial day weekend is we

have a low pressure system just off the coast of the southeast and we think this could develop into something tropical. our next main storm, we're watching this over the weekend. you can see the tropical storm models bringing this system in towards the carolina coastline, anywhere from sunday into monday. so something we are going to definitely watch heading into the long memorial day weekend. back to you. shannon: thank you very much, janice. well, in almost every major moment in u.s. history there's been one constant presence, in triumph or tragedy, the american flag is flown everywhere from the moon to battle sites around the world, a symbol of pride and perseverance. i spoke to swopl, a scholar of the star spangled banner, author of old glory, and discussed her interesting book on the symbolism of the stars and stripes and why our flag is so important to our nation's history. >> our nag is our national treasure and it's something that unites all of us.

no matter where we are in the world, for its power, presence, its strength, in times of war, on flict or protest or in times of peace and it's something that people can relate to even at baseball game. so the purpose of this book is to share that story with anyone, of any age, whether a veteran or not, and the poem itself that's the foundation of the book is based upon was written by a world war ii marine and it's read around the world at retirement and patriotic ceremonies where a flag is gifted and formally presented to a member. shannon: i think sometimes people forget how much symbolism is built into the physical struck arof the flag. messages that can remind us every time we see one. >> yes. there's a little of that in the book as well, and it's filled with iconic photographs of where our flag has stood, as you mentioned, on the moon, or even on the eagle, when you see it sailing into new york harbor tomorrow, as part of the war of 1812, that tribute, it's a wonderful, wonderful thing to remember and to think about and learn a little more about as well, as this book offers. shannon: what do you think are insights people will

get? history of the flag, stories about the flag? >> some stories about the flag, reflections from people around the country and what it means to them. one of my academy classmates matt gimball talks about how at the age of eight he was his father's honor guard and talks about how important that is. i have another vietnam veteran talking about the flag, then people in op lin share their photos and tributes to even in times of disaster, the flag has a presence, and had -- had a strength that unified everybody. shannon: i think of 9/11 and new york, and washington and the pentagon and how much the flags that survived those attack and so many more, in the days following, many more had our flags out than before we had, just days before, on september 10th. >> and that photo, so famous for being raised during the 9/11 rubble taken by tom franco tom franklin and gifted to this book and just how people believe how

strong this message is and i hope people read it and understand it. i also have another book, changing the rules of engagement, inspiring stories of leadership and courage in the military, attributed to all them, 17 and over, crashing down barriers, crashing through the ceiling and opening up missions previously prohibited from the 1970s to today. shannon: two wonderful books and certainly stories that you yourself have lived as well. thank you for sharing them with us. >> thank you. shannon: police could file charges against a colorado man who opened fire on an intruder who broke into his home. police say that intruder was an intoxicated college student. we have the latest on the charges and the student's condition. and steve brown is live at the hollywood -- with a holiday warning you won't want to miss. steve. >> reporter: hey if you're getting your drill out -- grill out this summer, there are things you should do and things you shouldn't be doing. we'll have tips from the folks at the u.l., right after this commercial break. you are watching the fox news channel.

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shannon: new developments in the colorado case of the home other than who shot a woman after she yuanerred into his home. the district attorney in boulder saying no charges will be filed because the case falls under a statute giving homeowners the right to use deadly force if an intruder enters uninvited and they feel threatened. police also say 21-year-old zoey ripple was drunk when she entered the house. some reports identify her as a student at the university of colorado. timothy justice, the home other than, was awakened early wednesday morning after hearing a noise. investigators now releasing the 911 call from his wife that explains what happened next: >> are they in there right now? >> yes, she's in the house now. she's awake.

she's been shot. >> somebody was shot? >> yes. somebody was shot. she walked into our bedroom and we told her, we were screaming at her and she -- and she kept coming in the bedroom and we shot her. shannon: police say that ripple is in stable condition and are considering possible charges against her. for many americans, memorial day is the kickoff of barbecue season but every year, that means thousands of calls to fire departments for emergencies that could have been easily avoided. steve brown is live at underwriter's labratory necessary northbrook, illinois. steve, what do we need to know? >> first thing you need to know is about proximity. 8200 fires in this country, every year, all connect to barbecuing equipment, hibachi, barbecue, what have you. we have a timeline video to show you. in a relatively short amount of time a grill, too close to your home, can make it on fire, can set it on fire in four minutes. this is a time lapse of exactly four minutes it takes from the time the

grill is close enough to the house to catch until it's fully involved, just four scant minutes. so not too close to the house. 10 feet away at least. also, you also want to be careful, real careful, about lighting your gas grill because if you do it with the cover on, this is what will happen: >> not a good idea. not a good idea. children nearby, also not a good idea. john drinkenberg, quickly, what other sorts of things are real important for folks not to do around a grill? >> certainly what you saw tells you don't store your extra can of propane next to the grill because you don't want that involved, don't put it in the sunlight, either. you have to make sure your hoses are tight so you're not leaking propane and make sure you know what you're doing. tkpreuling outdoors is important, grilling away from the home, carport or garage is also important. >> charcoal griller, those coals get hot. >> up to 1000 degrees. the important thing there, when you get rid of them, don't just throw them on the beach, sand or in your yard

because kids run around bare foot and could hurt themselves badly. make sure you put it out with a garden hose or dispose of the coals -- >> put it some place where kids can't get at home or walk over the charcoals. >> john, thank you. if it's safe, it's u.l., and they built all of these sets for us today, including the one you saw on fire earlier so we can talk about grill safety before you get your grill out. shannon. shannon: steve, a quick question for you, i don't know if they have any information on those deep fryers. my dad loves to deep fry turkeys, he does it safely and they are delicious, and i want him to keep do it, but i know a lot of times they give demonstrations and talk about that particular mode of cooking up your holiday goodies. >> keep frying a turkey, what i know about that, you better make sure you've tested the turkey in there before you put the turkey in because the volume pushes the oil out and you've got a

fire so make sure you don't overfill your pot and make sure it's good and thawed. people think it's deep-fried, it will go just like that. no it won't and you can cause yourself a whole heck of a lot of trouble and if 10 feet is a good idea for a grill, ten, 25 feet probably a better idea. >> fried turkeys and fireworks. my dad likes a lot of dangerous stuff but hey, we have a great celebration. >> sounds like a good time at your folks' place! >> you should come over. >> next up a chilling report suggesting iran's nuclear program may be a lot farther along thank we thought it was. we will explain what's been found, and ask if diplomatic talks are nothing but stall tactics so iran can build itself a bomb. >> 33 years after etan patz disappeared, we may know what happened. we look at the case that captivated the nation and bring you new details of the suspect. >> the head of that taxpayer

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shannon: this is a fox news alert. we are awaiting the arraignment of the suspect in one of the highest profile missing children cases in american history. it's a brand new hour of "america live". i'm shannon bream in for megyn kelly. exactly 33 years ago new york police were frantically searching for a missing 6-year-old boy who became a symbol for missing children everywhere. etan patz disappeared from a school bus walking to his home in 18979. decades later, 51-year-old

pedro hernandez confessed he lured etan into a grocery store and took him to the basement and strangled him. all this time the parents didn't give up hope they would see their son again refusing to move or change their phone number so if their little boy was alive he could find them. tragically that will never happen. rick leventhal is outside the courthouse. >> reporter: we're hearing it will be done via videoconference from bellevue hospital where he is being treated for an existing medical condition and getting a psychiatric evaluation. a short time ago i tried to speak to his family and attorney as they left this courthouse. can you talk to us about pedro? do you believe that he killed that boy? do you have any statement for the public? >> there is no statement. >> reporter: how is his health?

hernandez was known to investigators 33 years ago but apparently never requested. he lived in etan's neighborhood. he worked in a corner deli at time a family member contacted police after hearing about search of a soho basement that turn out the to be a false lead. that relative told police that hernandez con fenced many years ago he had done a bad thing and killed a boy. when detectives questioned hernandez on wednesday he reportedly confessed to strangling etan and putting his body in a plastic bag and tossing it in the trash. >> we informed the patz's family of these developments. we're working closely with the manhattan district attorney's office on this investigation. we can only hope these developments bring some measure of peace to the family. >> reporter: while neighbors of hernandez in his new jersey home where he lives with hess second wife and 20-year-old daughter describe him as very quiet, some say strange.

they say he kept to himself. was only seen smoking on his front porch. he apparently has no criminal record or no known history of pedophilia. there is no direct evidence of a murder in this case. there are investigators who remain skeptical of this confession. 33 years ago to the day now that etan patz went missing, shannon. shannon: rick leventhal with the very latest. we'll watch as this develops today. thank you, rick. the etan patz disappearance was not only high-profile case that gave impotence to national missing children's day which we're marking today. from 1979 to spring 1981 atlanta lived in fear as 28 african-american children were found murdered. on jewel 27th, 1981, 6-year-old adam walsh disappeared from a florida shopping mall. his remains were found fifth dean days later. his father john walsh helped launched "america's most wanted." he joint president reagan when they announced the first

national missing children's day this day in 1983. the public face of a government scandal now out of the hot tub and out of a job. the general services administration exec responsible for a lavish conference at a las vegas resort complete with psychics, mind readers and clowns now out of the agency. who can forget this picture of jeff neely enjoying the high life in a hot tub on your taxpayer dime. trace joins us with more. trace? >> reporter: jeffrey neely's official title, shannon, is regional commissioner for the general services administration or the gsagssa is like the federal government's real estate agency. their job is to really save taxpayer dollars. now he is better known as mr. hot tub, that boondoggle, that lavish convention you mentioned, shannon. $800,000. and aside from the clown and psychics there was that $75,000 bike-building seminar held at this hotel. well the employees, held kind of a talent competition where they did videos and

jeffrey neely was a part of one of those videos about how they were wasting taxpayer dollars. remember this? play it. ♪ i have a road show every time they see me rolling in my cob. >> reporter: every time you see neely rolling down gov. he is out of a job but his trouble may not be over because the inspector general's office investigation found under his watch there were numerous thefts, violation of agency rules, and widespread waste of taxpayer dollars, including personal trips for him and his wife and now the ig is asking the justice department to conduct a criminal investigation about that man. so he could be back in hot water with no jets, no whirlpool, no one, just the hot water and the --. shannon: plenty of it.

trace, thank you very much for the update. >> reporter: okay. shannon: by the way jeff neely had a long career with the general services administration. he joined the agency that manages government buildings back in 1978. his final post for the gsa was public buildings commissioner for the pacific rim region. his final salary? $172,000 a year plus perks. just in time for the holiday weekend a break for you at the pump. national average for a gallon of regular gas falling about a nickel from last week to $3.678. that is 40 cents higher than drivers paid at the beginning of the year, still a far cry from fears of $5 a gallon gas some predicted for the summer. we have the managing partner of chatwood investments joins us to talk about what sounds like good news, ed? >> definitely good news. nothing that will save anyone's life but you love to see the trend lower, don't you?. shannon: what is driving it. >> gas trades or basically

oil trades what is futures markets. they try to figure out what the future price is going to be and when you see this world economy start to slow down the thought process is there will be less demand for oil all around the world and as a result of that you start seeing those prices lower. it is really basic supply demand and right now looks like the demand will start to dry up a tiny bit and as a result of that we're going to start seeing prices go lower. i fully expect, shannon, for prices to go substantially lower from here because i think the world economy will suffer for a while. shannon: folks love to hear that. normally feel like summer season gearing up for memorial day only gets higher. do you think it will get through the summer lower prices, ex-tond beyond because the global issues will not be cleared up in three or four months? >> no question. i think we'll see the price of oil go below below $80. that is good thing for most people. the driving season has begun. as a result of that we want to see the prices go lower. i really think that will happen. watch europe. watch the news out of europe

because that is really driving the world economy right now and softness in the world economy. you're seeing it in every place. seeing china slow down. seeing brazil slow down. when that continues you will see prices at the pump go lower. if you're planning to drive someplace, might push the trip off towards the latter part of july and august. you will see prices a lot lower. shannon: aside from helping at pump which is great news for everybody out there which gets behind the wheel, what about broader implications for economy? does that have ripple effect in other consumer pricing? >> without question. you will certainly see the lower prices find its way into all the services and goods and services we use all over the world. so you will potentially see that. but on the flipside of that, good news is we're going to see commodity prices start to fall because demand will fall off. but you're going to start to see corporate earnings fall off. you will, see a really good thing on one hand but on the other hand you will see something negative because i believe corporate profits will start to fall off as well. that could very well bring stock prices lower. shannon: quickly, does this

have impact on airline travel? i know they often negotiate their fuel contracts way in advance. i'm not even sure if this is the exact same kind of fuel you would find winding up in a plane? >> they all work together but i don't think for a moment the airlines will be dropping their prices. i think they have done a magnificent job raising their prices making air traffic very, very expensive and i just don't think so. if you're going to travel get in your car if you can because i don't think you'll he see a lot of benefits out of the airlines. shannon: ed, thanks so much for joining us. >> absolutely. thanks for having me. shannon: lawmakers gone wild. fists flying as partisan infighting reach as whole new level. the controversial issue that sparked this chaos. do you trust this guy? iran and its leaders back in the spotlight after the u.n. nuclear watchdog makes a start link find inside a bunker. does it show iran saying one thing and doing something else when it comes to its nuclear ambitions? plus hundreds of

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shannon: a fox news alert. as police and s.w.a.t. teams are responding to a hostage situation in this indiana office building. right now there are unconfirmed reports of shots being fired inside that building. trace gallagher is tracking things live from los angeles. what do we know, trace? >> reporter: also unconfirmed reports that the fbi is actually entering that building, shannon. we know there are dozens of s.w.a.t. teams and police officers surrounding this happening at top of your screen in val pa rice sew, indiana.

they pictured going in and out. these are live pictures from the fox affiliate back to tape. keep in mind that happened 10:00 this morning. a man went inside this real estate office, prudential real estate and there is an unconfirmed report of shots fired, in fact three shots fired. we're hearing from a neighboring business there may be as many as 15 people inside of this. that is unconfirmed because the police haven't give us any indication about the number of hostages at all. the police have identified the man who is holding the gun inside but they're not releasing his identification. they are saying that he is not an employee of this real estate office but again you've got word that the fbi is moving in. you've got s.w.a.t. teams surrounding this and there have been a number of police agencies arriving on scene and now this is live again from our fox affiliate, wfld out of chicago. and now we're waiting to find out the number of potential hostages inside here. clearly if shots were fired

this man is dangerous. we do not know what he is wanted for or what started this. there is some word it may be domestic but the motive remains unknown. we'll keep checking on this, shannon and get back with breaking information. shannon: we'll check back with you then, trace. thank you. shannon: a startling discovery at an underground bunker in iran. a u.n. nuclear watchdog up finding highest level of enriched-uranium ever in the country. iran claims it is only enriching uranium for nuclear power, not weapons. but the level puts over the energy level for energy production. it says it overshot the enrichment target by accident. raises questions whether iran is saying one thing and doing another to extend for time. kt marge far land is host of

fox news live's defcon-3. we love to have her expertise on this kt thanks for joining us. >> thank you. you know, it defies imagination because on one hand iran is saying look, we really are not doing any nuclear weapons program here. we're just need nuclear energy and for medical purposes and on the other hand what are they doing? they're enriching uranium. we've seen they're enriching to the highest level ever. we found underground nuclear sites we didn't know about before. we know they're doing a number of things that they're not telling us about but at the same time they're saying don't look over here behind the curtain. look over here at the negotiations. we're really good guys. the problem with this eventually they're going to say, oh, would you, we've got nuclear weapons. we're a nuclear weapons state. what does that do? makes them the most powerful country in that part of the world with their hands on the world's oil supply. that is how it affects us. that's why we care. shannon: why do we continue

then to have these sanctions, have these negotiations, this cat-and-mouse back and forth not to look over here but look over there, why do we continue through various administrations to agree to that? >> here's the reason. because we don't have any got options with this nobody wants a nuclear iran. nobody wants a middle east which everyone has nuclear weapons or iran has its hands on the world's oil supply because of its nuclear weapons status. on the other hand what is the other option? bomb iran? everyone realizes if the united states, israel the west bombs iran's nuclear sites, iran retaliates, potentially closes the strait of hormuz. there is larger regional war enshoes and probably drags the united states in. nobody wants either one of those options. bomb iran, let iran get the bomb. that's why we looked again and again for some third option. president bush, one of the reasons behind going into iraq it thought a post-saddam hussein iraq would be pro-american, strong and would be a counter weight to iran.

that hasn't worked out way. at best iraq is going to be iran's puppet. it is going to be weak. it certainly will not be what president bush intended it. so president obama comes into office and says, well the problem is we haven't negotiated. he starts out three years extending hand of friendship for negotiations. those haven't worked. that's why they're now imposing sanctions. the sanctions haven't even come into effect yet. they haven't come into effect until later in the summer. the question will they be enough to get iran to negotiate a way its nuclear weapons. i think it is very unlikely. shannon: meantime while the negotiations continue of course leaders in israel, despite sort of veiled warnings from the u.s. say we're not taking anything off the table and by the way as you know, the department of state has sent the undersecretary of state for political affairs wendy sherman is supposed to be in tel aviv today. the state department says this is what she is doing in israel. to reaffirm our unshakeable commitment to israel's security. do we have one?

is this visit to them enough? >> well that's the whole point and shannon, you hit the key of all this not so much what the does the united states feel? are we going to be worried about nuclear iran? are we going to contain a nuclear iran? it is israel. israel lives in the neighborhood. israel is the sons and daughters and grandchildren of people that survived the holocaust. they look at head of iranian arms forces last week that said our goal is the nile ages of is rile. they can't say, oh, they don't really mean it. they have to assume that is serious threat. given who they are, the given the neighborhood they live in, given the history they have had. the question will the u.s. state department official going to israel today will they say that the israelis trust us? can we get iran to the negotiating table and will they give up their nuclear program? or will israel conclude, as netanyahu said, israel has to defend israel for itself and by itself and israel has

to make the decision whether they want to go it alone or whether they're going to trust the united states to somehow stop iran's nuclear program. shannon: kt, it often feels like the chess game that will not end. thanks for your insights. >> yeah. shannon: we appreciate it. >> thanks, shannon. shannon: this is a fox news alert. we are continuing to keep our eyes on the hostage situation unfolding now in a business in indiana. we'll have brand new breaking details after unconfirmed reports of shots fired in that building. police, s.w.a.t. teams, on the scene. more on that in just three minutes. [ male announcer ] at scottrade, we believe the more you know, the better you trade. so we have ongoing webinars and interactive learning, plus, in-branch seminars at over 500 locations, where our dedicated support teams help you know more so your money can do more. [ rodger ] at scottrade,

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shannon: this is a fox news alert. we're continuing to follow this hostage situation as it is unfolding in indiana. trace gallagher is tracking things live and gathering

new information in los angeles. what can you tell us, trace? >> reporter: valparaiso, indiana, 54 miles south of chicago go. you're looking at the building. this is a prudential real estate office. we've been seeing activity outside the building. people are walking around the perimeter. we saw a short time ago a van pull up. as they widen out this is all hands on deck scenario. we have the sheriff's department there. the police department. the fbi. the state police. the s.w.a.t. teams are on surrounding buildings. there is a hostage situation inside this real estate office. there are unconfirmed report that gunshots were fired. three gunshots is what one witness said. we do not know the number of hostages. could be anywhere from two to 15. a man at a neighboring business believes 15 people work inside this office. we mentioned earlier there was some word this might abdo domestic situation. we just called the public information officer. he is knocking that down saying that he does not believe this is domestic.

you can see the s.w.a.t. team is getting in their positions there. they just pulled this van up 3 1/2 or four minutes ago. the shot keeps going in and out because they're 54 miles outside of chicago and their satellite dish, you see the cops getting into position? their satellite dish is 55 miles away. the helicopter is maneuvering to get the best shot. this is back live, scott or is this tape? we're in, this is tape again. but you can see kind of the police moving into different positions. right now, shannon, they know who this guy is inside with the gun. as we're back to live pictures but they're not releasing his name. they're trying to get some kind of a conversation going with him so they can negotiate. as you see these guys kind of maneuver outside to get up on better vantage points so they can get a look inside this office. a real estate office. a hostage situation. still unknown the number of hostages at this point, shannon. shannon: trace, sound like by wire reports looking at that geographical region

around where this is playing out there are three different schools nearby, an elementary school, actually, two elementary school and two middle schools all on lockdown as this neighborhood is grinding to a halt. you mentioned there were some reports they are shooting down about the possibility of a domestic argument. there are witnesses who reportedly told media outlets that was their view of what happened. this gunman got into an argument there with a girlfriend. sounds like may have updated information from the police that calls that into question. as you mentioned the police know who the gunman is and they know his name but are not releasing it right now. >> reporter: it makes it more dangerous for the people inside the building if it is not a domestic violence issue. if this guy went in there with a beef with his girlfriend history will show it tends to be less of a danger situation for the remaining hostages inside the building. if this guy is going in there with other intent which we do not know at this point in time then historically it shows it is

more dangerous for those who are inside the building. we definitely know and police have confirmed that whoever is inside they're holding these people is armed. you can see from the police response, the s.w.a.t. teams on top of the building, the state police surrounding it, there was a report earlier that the fbi was trying to go inside the building or had gotten inside the building. that right now is totally unconfirmed. they appear to be setting up for the long run here. you have the vans kind of around there. you were mentioning that the three schools are on lockdown. the neighboring businesses all the people in the those businesses have been told not to come outside. and the police on their website are now putting out a statement for anybody who lives in this area not to get close. they have shut down the several blocks surrounding this town in valparaiso which again is about 50 miles outside of chicago. as you see police kind of maneuvering into position here. it is kind of fascinating to watch. what is unclear at this point in time is, if there has been any dialogue at all

with this gunman. if they know who is they likely know how to get in contact with him and that now is in question. shannon: trace as you were speaking there is something that has come across. this is from the associated press, from the wires. they're reporting a police sergeant there they have had contact with now says that officers have made contact with the gunman. they do not know if anyone is injured in there. they also, police are not saying if the gunman has made any specific demands but this report again just passing from the associated press is saying that they have been able to make contact with him and as we mentioned numerous times and you pointed out they do know who this individual is. they do know his name. and maybe very soon biel figure out exactly what he wants or if he intended for the situation to ever play out this way at all. we're finding out according to ap there has been some contact now between police and the suspect in this case but no word yet if anyone's been hurt. >> reporter: it is interesting to note, shannon, if there were shots fired

inside we haven't seen any ambulances pull up. so if there is a good sign in this so far it is the fact that we have not gotten any reports of people being wounded inside and we have seen no ambulances pull up. my apologies by the way. pronounced valparaiso, indiana. again outside of chicago from our fox affiliate wfld, the aerial shot there. the again the number of hostages has not been confirmed. when we get the number we'll chime back in, shannon. shannon: trace, excellent work. thanks so much. we'll continue to follow this story playing 40 miles outside of chicago where a gunman has a assortment of hostages we understand inside of a building there are unconfirmed reports that shots have been fired. police report they have made contact with the gunman. they do know who he is. we don't know if he made any demands if anyone is injured. we'll stay on the story and bring you details as soon as we get them right after this break need any help?

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shannon: we are watching history in the making in egypt as results of the country's first democratic presidential elections begin coming in. the first round of voting was held over the past two days and looks like the runnoff vote will likely include the muslim brotherhood candidate and veteran of ousted president hosni mubarak's regime. leland vittert is live in cairo with more on this. leland? >> reporter: what a

difference a year makes, shannon. the muslim brotherhood said they would not run anybody in the election now their man is on top. he won 26% according to the preliminary results. he said in his past words he wants to turn egypt into an islamic state. number two in the unofficial results is ahmed shafik. he is the head of the former regime. he was the prime minister under president mubarak there back in the day and there's a lot of people who are not very happy about him coming into the fold. on the other hand there's a large group who says they want to return to the safety and stability of years past. right now here in cairo and around egypt they're continuing to tabulate the ballots. there were some 13 candidates on the ballot. top two look like shafik and marici are headed into the runnoff in june. this has a interesting situation, shannon. with those two on the ballot leaves out any secular

revolutionary. that is who so many people in tahrir square said they wanted, was same kind of liberal democratic new egypt. it appears you're either going the way of hard-line islamist or choice to return to the regime past a number of people who we talked to that were in tahrir square if the mubarak era comes back with shafik quinning they will return for another revolution in tahrir square. this is very far from over. on the other hand you have the option of the muslim brotherhood taking over. they would then not only control the presidency but the parliament as well. shannon, back to you. shannon: leland on the scene with the very latest. thank you. jurors in the john edwards corruption trial are deliberating now for a sixth day. they have been pouring over financial evidence dealing with nearly a million dollars from two wealthy don't, no. money prosecutors say edwards used illegally to hide his affair with his pregnant mistress. richard roth, joey jackson,

former prosecutor and now defense attorney join us to break this down. go to see you both. not only the jury wands handfuls of evidence but they want to see everything again in this trial? >> this is fascinating. they allow all the evidence in the beginning. in this state only allow you to ask for pieces you ask for. jury went piece by piece. finally they said give it all to us. they're going through a dlebtive process. they're taking every single count and allegation trying to understand what happened. this is not simple. this is complicate the campaign finance law. they're taking their time and i think they're following the money. shannon: joey, what does this mean as someone been on both side. as prosecutor, defense attorney, which encouraging you more the longer folks are out? >> i guessed wrong as prosecutor and guessed wrong as a defense attorney, shannan. it is always difficult to tell. to look at not only six counts they're looking at but when the jury is

instructed on the law there are 37 things judged talk to them. what arerds. what does willful mean. knowingly mean. what is overt act? there is lot to do. what you generally do, shannon, you take the facts and sometimes they are murky because there are credibility questions. you have to find out what is factually correct. tough match the facts with the law. that is often very problematic. i'm very glad this jury is really going through the motions taking their time and trying to get it right. shannon: does it suggest to you, richard though, that it is better for edwards the longer they're out? if they deadlock on things they can't make a decision that is benefit for him? >> joey is right. we're reading tea leaves. we have no idea whatsoever. longer it takes going you there the process they may come back and say, judge we can't figure it out. we are dead locked. so i think the longer does play better for edwards but who knows. because there are many, there are many counts and they're going count by count. they first went with bunny

mellon's counts. now they're going with the counts involving baron. sounds like they're doing this in a met thod callaway. we -- methodical way. we generally think time is on the defense. shannon: we have six felony counts that could mean up to 30 years in prison for john edwards. the fine would be in the neighborhood of a million and a half dollars. how much do you think that factors into jurors deliberations, joey? >> i think everything previous weighs n they really evaluate all the evidence. they're told, look you can't consider implications of what you do. you don't want to have sympathy. it is not about punishment or anything else but it is always difficult to tell. but i have to say this. all you can hope for if you're the defense or prosecution to have reasonable people deliberating, going through the process and ultimately doing justice. shannon: all right. how much is it influenced that it is friday afternoon we're going into a holiday weekend? we're all human all they seem to take this very seriously. richard, do you think that weighs in speeding things

up? >> in ideal world i love to tell you it doesn't influence it but it actually does. we're all human. they're going into the memorial day weekend. there is reasonable likelihood we may hear something. we may not. they have taken sick days which is quite some time. one of the big issues whether edwards knew he was involved in illegality. the judge gave that charge to the jury. that is a tough thing for the jury to decide. >> i agree with that. that is big hang-up whether or not he had knowledge of it but you can imput knowledge. he is guy. united states senator. former united states senator. presidential candidate. shannon: a lawyer himself. very experienced. >> and a smart guy. i think they're really going through it. interestingly if they come back and tell the judge, you know what judge, we're deadlocked? you know what the judge will say? go back in there and try some more. shannon: no cookout for you. >> this judge wants a decision. he may very well say to them fine, if you're deadlocked take the weekend i will see you on tuesday. that is a very good possibility.

shannon: thank you, both. >> thank you, shannon. shannon: a familiar face right here on "america live", john stossel bringing us stories how government regulation meant to help us often really don't. he has a brand new book out and we'll have the interview coming up. it is fleet week. a look at tall ships docking around new york city right now and making this week extra special. ♪ seminole mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve.

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or other mental health problems, which could get worse while taking chantix. don't take chantix if you've had a serious allergic or skin reactioto it. if you develop these, stop taking chantix d see your doctor right away as some can be life-threatening. if you have a history of heart or blood vessel problems, tell your doctor if you have new or worse symptoms. get medical help right away if you have symptoms of a heart attack. use caution when driving or operating machinery. common side effects include nausea, trouble sleeping and unusual dreams. my inspiration for quitting were my sons. they were my little cheering squad. [ laughs ] [ male announcer ] ask your doctor if chantix is right for you. shannon: it is fleet week in new york city. military vessels from around the world are docked in new york harbor offering visitors demonstrations and tours. this year's event marking the bicentennial of the war of 1812. here is how one admiral is enjoying the memorial day weekend in new york. >> fleet week gives the

opportunity, navy, sailors for us to meet new york and new york to meet their navy. nobody does it like new york. they open their arms, citizens, firms from the mayor on down. it's awesome. shannon: fantastic to see them around town. fleet week began until 1984 to honor the u.s. navy and marine corps. right here on "america live" our friend john stossel has regularly pointed out how government rules and regulations that are supposed to help us sometimes don't. now john has a solution for those of you who may have missed some of that wisdom called, no they can't. why governments fail and individuals succeed and make the world a better, more interesting place. megyn kelly sat down with the host of "stossel" on the fox business network recently and what motivated him to write the book. >> no they can't which is play you have a on yes we can. >> yes we can. >> campaign slogan for our sitting president first time around. >> if we meant free individuals i would agree. but we to them meant

government. one thing i've learned in 43 years of reporting that it is intuitive, government will solve all our problems, get the smartest people in the room in washington but, that's why i'm embarrassing myself walking around the country with this sign. they can't but free people do. >> many people believe that in theory, belief that in theory. when you ask them well, do you want the government to get out of the business of social security? >> no. >> no. want them to get out of the business of, you know, medicare and medicaid? >> no. >> no. >> helping the farmers? helping this group? small business loans? >> how do you make that mentality in a country which it is become so engrained? >> beats me. >> you just point out the problems, you don't solve them? >> we do. but it is very hard to convince people. thomas jefferson said the natural progress of things for government to grow and that's what keeps happening. even my instinct to say when i see a problem, there ought to be a law. and nobody goes to their state legislator in albany or state capitols and says,

gee, what have you repealed while you were in office? always more and more. >> what have you done to protect us? >> right. >> you talk about in the book being at libertarian at abc news for decades. you had a huge success over there. but you said it was difficult. we've talked privately about what it's like to be in new york for you and what it was leak for your children to be the children of a outspoken libertarian, somebody who didn't toe the line on liberal politics. talk about that. >> well, as an example somebody came up to me on the street here in new york, are you john stossel? >> yes. >> hope you die soon. >> thanks for that. >> i just try to understand. first i thought because they perceive me as conservative. around here that is like being a child molester. that is the worst thing you can be. but as libertarian i think that gay marriage is just fine. and i think drugs should be legal. these liberals should be okay with me. and yet it is conservatives who are willing to hear me out, argue with me, invite me to the conference of.

applaud and liberals are just filled with hate. >> do you think that is some of them? do you think that is irony on some on the far left accepting of so much. they are accepting of gay marriage. accepting of you name it, drugs and so on but they are not accepting of somebody who doesn't share their politics? >> and actually even the far left, they're willing to fight because they're so far out they get argued with. it is middle left, people at abc where they tolerated me because i brought in decent ratings but they sort of held their nose. that libertarian stuff. eventually they just didn't want to do it anymore. he is icky. there wasn't even an argument. they don't even want to talk about it. >> they think you're stupid or just don't understand. >> right. >> i remember during president bush's presidency, granted there was a lot of controversy then as there is now but for different reasons and bumper sticker on a lot of cars, if you're not outraged you're not paying attention. the implication is, if you don't hate president bush you're stupid and you're uninformed. people who have your kind of

view in new york city and in other very sort of liberal bastions may feel ostracized may have that same feeling. >> of course we need more gun regulation. of course we need more safety regulation. of course, what kind of selfish, and their minds are closed. peter jennings, the late peter jennings saw me in the hall at abc would go? >> really? >> would try to get me fired at one point. to abc's credit they did air much of my stuff. >> you write in the book demanded you be fired because your bias was quote an embarassment? he was embraersed by you. how many conservatives or libertarians were there running around abc news at the time? one, two? >> none. there were no conservatives and libertarian. >> brit hume was conservative. >> he was in the closet at abc. playing it down the middle. >> wouldn't let it affect his reporting. >> i called him in the closet because we all have opinions. i was letting mine out. abc acted as i was only guy in the building with an

opinion was me. >> do you that is changing now? do you think advent of cable news where people hear both side and internet where they hear both side that they're starting to be a little bit more opened-minded to both sides? >> i don't know if they're open-minded but at least at cnn and abc, cbs they now know there is another side and it is not like, oh, we are wholly in the middle and right and those wackos on the right, i think that is changed. they still may feel that way but they know there are serious people and a lot of viewers who have a different opinion. >> i think it is very interesting. talk a lot about one man's perspective. walking against the grain when it comes it your views in this city and in major news organizations prior to this one that didn't accept all points of view. you talk about that and not only that but our big government and why it needs to shrink. i recommend the book, it is called, "know they can't" by john stossel. check it out. great gift.

what is coming up? >> father's day. there you go. >> would be nice father's day present to your dad but from you to john who is a dad and could use the money. >> i'm giving money away. >> thank you, sir. good luck with it. shannon: remember catch john every thursday 9:00 eastern on fox business channel. it is the beginning of a whole new era in space. the first commercial private spacecraft docking today at the international space station. the latest on this history-making mission next. yout 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. diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria.

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shannon: if you thought lawmakers in congress couldn't get along, check this out. fists flying in the ukrainian parliament over a proposed bill to make russian an official language.

one legislator was even hospitalized with head injuries. in the wake of all this opposition party is calling for emergency nationwide elections. a major milestone reached in space today. for the first time a commercial spacecraft has now docked at the international space station. the spacex dragon marking history this afternoon with its arrival. nasa saying the mission was nearly flawless. speaking of which phil keating is live in miami. hi, phil. >> reporter: shannon, so sweet. happy memorial day weekend. importance of today's achievement by spacex can not be truly understated. prior to today only four governments accomplished launch a rocket from the planet and docking it out in space. the u.s., russia, japan and the european space agency but today now, a private, first-ever private for-profit company, spacex has also done it. the dragon capsule right now parked at the space station, locked in and docked after a morning full of drama, set

backs and perseverance. as the capsule approached this morning, suddenly a critical problem with the lidar which uses light to measure speed and distance, critical. the spacex team figured it out and we resumed. slowly thrusting dragon closer. once it got 10 meters out, nasiriyah is a's don petit use the robotic arm to grab the capsule. one little bump by the arm could have sent a billion dollar investment tumbling into space. instead space history for wealthy space entrepreneur elon musk, spacex. >> a fantastic day. a great day for the country and for the world. this really is, i think going to be recognized as a, as a significantly historical step forward in space travel. >> reporter: the dragon is carrying a thousand pounds of food, clothing, equipment and supplies. around 7:00 a.m. tomorrow

morning eastern time the six men living on the space station will open the hatch and begin unloading. on thursday that reusable spacecraft will depart the space station and head back down-to-earth, landing via three massive parachutes somewhere out in the pacific. then mfk sauce in his post-accomplishment news conference today, number one there will be champagne flowing in hawthorne, california tonight. number two they hope to shift from ferrying cargo to astronauts in three years. amazing shannon. shannon: phil keating thank you very much. the facebook fiasco front and center on law street as losses mount from the doomed ipo. angry investors are lining up for a lawsuit. coming up. 0 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle

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>> this story will leave you thinking nothing is impossible. a motor explosion left a sergeant major blind in both eyes in 2006. that does not stop