bill: you thought the big story was the debate tonight but it's really not. jenna: we had a big story here in "america's newsroom.". allison, who runs our audio, gave birth to tanner james. good luck, alex. martha: come back soon. "happening now" starts right now. jon: brand new stories and breaking news. jenna: the second faceoff for the presidential candidates now just hours away with a far different format from last time around. how hall may change the race for the white house. we're live in new york with the very latest on that. a stunning new development in the fallout from the terror attack in benghazi. why secretary of state hillary clinton says she, and not the white house, is to blame. a young girl in pakistan shot in the head by the taliban because she wanted to go to school. she is now out of that

country and in a british hospital but concerns for her safety are far from over. we'll tell you why, it is all "happening now." jenna: election day three weeks away. jon: hard to believe. it is a tuesday, three weeks from now. jenna: tonight's showdown between the president and governor romney may make-or-break this very tight race for both men. we saw what happened after the first debate. will it rebeat. i'm jenna lee. jon: oomph jon scott. hours away for number two between president obama and mitt romney. the stage is all set there. the carpet is down. governor romney clearly needs to hold the momentum he gained after a solid performance in the first debate in denver while president obama looks to strike a more aggressive tone tonight in hopes of recapturing momentum for himself. the associated press in

previewing tonight's debate writes the president must quote, deliver a goldilocks performance in the debate. not too cool as he was in his first listless encounter with mitt romney and not too host as some critics styled vp joe biden in his faceoff with paul ryan. john roberts is live on the campus of hofstra university. start with the president, john. what does hope to accomplish tonight? >> reporter: don't forget about the goldilocks performance. in the story three bears could turn around and anyone could eat you in any given moment. the president is taking this very seriously because in the last 24 hours campaign the obama campaign thrown everything it could against governor romney. attacking him on his tax cut. his position on abortion. what he said about the war in iraq. accusing him being dishonest, even rolling out former president clinton make the case in a new web ad against governor romney's proposed tax cut. >> know how this works because i'm one of those folks.

if i get governor romney's 20% income tax cut, you can take away my home mortgage deduction, my charitable deduction, my deduction for state and local taxes and any tax deduction i will have i will still get a tax cut. >> reporter: the question here tonight at hofstra university, will president obama be able to make that case? there is every expectations after intense week of debate preparation a very different president obama will be here in hempstead, long island as opposed to one that showed up in denver two weeks ago. jon: that will be fascinating to watch. what about governor romney, what does he need to accomplish tonight? >> governor romney's challenge is to connect with voters here in this room. that was a big knock on him during the primary campaign. he has gotten much better. the town hall format which was not his strongest suit, has become one of his strongest suits. governor is looking forward to making the case on

one-on-one basis. watch him move to the middle as well where all the swing voters he needs live. he will aggressively try to differentiate his plans for the future with president obama and give voters a clear choice what their vote will mean as his running mate paul ryan did on the campaign trail yesterday in cincinnati. >> this is a man who can not run on his record. so has resorted to a campaign not of hope and change but of attack and blame. distort, distract, divide, to try and win an election by default. you can't let him get away with it. people will see through it. look, i know what you're tv screens look like these days. these debates are giving us the ability to cut through the clutter and give people a very clear choice. that's what we're offering. >> reporter: you know, historically these presidential debates don't really move the needle much, maybe every decade or so they do. it has been proven in this

campaign, john, these debates are moving the needle. it is pretty safe to say tonight could be a make-or-break moment for either one of these guys. jon: some historic numbers out of the first debate, that's for sure. john roberts at hofstra university. >> thanks, jon. >> i want to do everything we can to protect our people and i also want to make sure we track done however did this and bring them to justice. jenna: this is big news today. for the first time, secretary of state hillary clinton accepting blame for any security lapses before the terror attacks on our consulate in libya that killed four americans including our ambassador there. clinton saying she, not the white house, is responsible for diplomat safety. chief washington correspondent james rosen is live in washington with more on this story. james? >> reporter: jenna, good afternoon. while accepting overall responsibility secretary of state hillary clinton was also careful to say that the pre-9/11 security decisions for benghazi were made by security professionals. during a visit to peru, the

nation's top diplomat was interviewed by fox news senior white house foreign affairs correspondent wendell goler. asked why u.n. ambassador susan rice five days after the attacks was still insisting they grew out of a protest that never occurred and were not not premeditated, clinton cited, quote, the fog of war. >> our post was overrun by a significant number of armed men. our annex was attacked. there had to be a lot of sorting out, and the intelligence community as you know so well, you know, they look backwards. they start going through everything. did they miss something? was there something else out there? then they have to put out feelers to find out what people knew and they have been doing that in a very vigorous way and we're learning more all the time about what happened. >> reporter: assistant secretary of state charlene lamb, who oversees dip low mat tick security testified before congress last week she was following the attack

in realtime via direct communications with a diplomatic security agent on the consulate ground in benghazi. for her part, ambassador rice tells "the washington post", her comments were purely a function provided to us by the intelligence community. once you get day one, day two, day 14 isn't the whole story rice added. >> responseability for american security doesn't lie with the secretary of state. it lies with the president of the united states particularly in light of the fact there were two attacks on april and june. one was an ied that blew a hole in the wall. there was attempted assassination of the british ambassador in benghazi. the question is what did the president know, what did he know about it and what did he do about it? that is the what the president of the united states responsibility is. >> reporter: by the way in the a separate interview secretary clinton deflect ad question about her own aspirations for a presidential run in 2016. gin that. jenna: we'll talk more about

this developing story in the next several hours. jails, thank you very much. >> reporter: thank you. jon: right now a major announcement about social security benefits. fed says millions will see increase in their monthly payments but it might not be the kind of number you expect. steve centanni following the story from washington. >> reporter: hi, jon. 56 americans receiving social security will see their checks go up but only 1.7% next year. this is tied to the rate of inflation just released this morning by the bureau of labor statistics. with a low inflation rate comes the slight increase, half the amount of last year. this is a monk the lowest increases since alltic annual justments were adopted back in 1975 and reflects very low inflation. here is this year compared to recent years. average retired person getting social security takes home $1237 a month, this 1.7% increase will amount to an extra $21 in their pockets each month.

last year the cola, cost of living adjustment was 3.5%, giving each person $43 extra every month. for two years before that, for 2010, 2011, there was no increase at all. in addition to the 56 million getting social security, another eight until on supplemental security income will also get this 1.7% increase. we have one reaction so far from capitol hill to today's numbers. senator bernie sanders, an independent from vermont, said, this small increase points out the need to shield seniors from proposals to cut benefits. he is opposed the idea of changing the way the consumer price index is figured. he says, quote, the idea of balancing the budget on the backs of some of the most vulnerable people in our country, the elderly, orphans, widows and disabled veterans is morally grotesque but extremely bad economics. meantime the social security administration also announcing today the maximum amount of earnings subject to that social security tax

will go up next year from 110,000 to nearly 114,000, john. jon: interesting, steve centanni, thank you. jenna: he is celebrity chef and food network star. he is the victim of a crime. the man accused of stealing his expensive car could be cooking up a defense for even more serious charges. we'll talk about the court action in that case. rick folbaum is here with more on the debate coverage tonight. >> reporter: jenna, so many folks will watch the debate on more than one screen. a television screen or maybe a laptop or mobile device. join me and harris faulkner for live interactive coverage on foxnews.com. we get on at 8:45. we're on until 11:00 p.m.. it is your chance to join our live chat with tens of thousand of other people, be part of our fox news community and stick around, because the first anchor to moderate a town hall debate, carol simpson, is our guest live after this.

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jon: don't expect a replay. tonight's debate set to be very different from the last presidential faceoff. this will be in a town hall format. what does that mean and what are the rules? rick folbaum has a live from, new york city newsroom. >> the questions will come from participants. rules were agreed by reps from both campaigns. we're looking at live stage where the debate will take place. no closing statements at the end for example. no props. only the moderator picks the questions. neither sides knows the questions ahead of time. no camera shots of any audience reaction including the candidate's own family members. there are other rules that

might be tougher to enforce especially while the debate is playing out. candidates can't address members of the audience. the moderator can not ask any follow-ups. it should be noted moderators of two prior town hall debates asked plenty of follow-ups. charles gibson asked six follow-up questions back in 2004. >> mr. president, i do want to follow up on this one because there were several questions from the audience along this line. >> rebuttal? >> go ahead. i was going to have you do the rebuttal, but go ahead. you're up. >> reporter: then tom brokaw asked 10 follow-ups four years later. >> quick discussion. is health care in america a privilege, a right, or a responsibility? senator mccain? >> reporter: obviously those debates had their own set of agreed to rules. seems pretty obvious try as they might to control every

minute detail for tonight's debate, once it starts the candidates will have no choice to go with the flow. jon: rick folbaum, a little bit of history. jenna: go with the flow is easier said than done on the television. you never know what will happen. up next we'll talk to someone who can really give us a unique perspective what we're going to see tonight. in 1992 a town hall debate took place in richmond, virginia. the candidates? bill clinton, george h.w. bush, and ross perot. the moderator was carol simpson, the very first woman or minority to act as sole moderator of a presidential debate and carol simpson joins us now. carol, nice to have you on the program today. >> glad to be with you, jenna. jenna: carol, take us back to the morning before the debate. how were you preparing, what was going on? >> i was a complete and nervous wreck. i was so afraid. i have to tell you that i

wasn't given notification that i had been chosen to be a moderator of the town hall format until five days before it happened. and it had never happened before. they were trying something for the first time in history, to have the people ask the candidates the questions. which i loved the whole idea of participatory democracy and that the people could ask their own questions, not just journalists. i was all excited about that but i was afraid, what would happen with these undecided voters, whether they might freeze with all the cameras and talking to the two men who would lead our country. so i studied and i prepared and i knew every position of every candidate on every issue that could possibly have come up. and i had three people to worry about. i had ross perot and clinton and bush. so it was a lot of work. so my head as i understand

candy crowley has said, her head is just filled. you're filled with information. jenna: sure. we could certainly relate to that as well. rick just gave us a great background of what past debates looked like. he roll ad little sound from tom brokaw and charlie gibson. here is how candy crowley describes her job and what she aims to do tonight. let's take a listen. >> town hall meeting. there will be questioners to the right and to the left of me and in front of the candidates and they will have the questions and as was the case in the charlie gibson town hall meeting and the tom brokaw town hall meeting in presidential campaigns past, there was a time after that for follow-up and for furthering the discussion. jenna: the campaigns are really clear. they don't want these follow-up questions but, carol, what's the best format for us the voters?u thin? >> i think it's still to let the people ask their questions and you will find

they are not the questions we in the press are interested in and ask about. they are very parochial issues like, my school, and by taxes and my health care. people really want personal issues and answers to those questions where we might want to know about benghazi. i didn't have the opportunity to ask questions, follow-up. all i could do is clarify a question but no follow-ups. my people could follow up. so this is a very different situation. and one that the republican and democratic parties are controlling so much that, i worry about it. and i wonder what candy is going to do because she's been told no follow-ups but she's a great journalist and, you know, she might feel the need to follow up on something. to ask her own questions. jenna: it will be interesting to see if she

does that. as a journalist yourself i'm curious of your thoughts on this do you think the format and the moderator and all the discussion over this part of this process is getting a disproportionate amount of attention by the press versus some of the big issues we should really be talking about right now? >> well, i have been talking a lot about the debates and i have always felt it's a matter of style over substance. and people want to see how they do. i hear that all the time. they're looking for those moments and looking for, you know, the gaffs and things like that. i don't think anybody could recite back what president, governor romney had to say about his economic tax plan but i think they do remember paul ryan drinking a lot of water and joe biden doing a lot of gestures. so people are not listening

so much for substance but are interested in how they're doing. do they look in control. are they going to be like the president who looked like he had taken sleeping pills before the last debate? while i talk about that, he has a lot to prove for tonight and this might be the best format for him because it's with the people. and he was a community organizer and i have been around him and seen him very comfortable with ordinary people, which has been a problem for governor romney. i watched him campaign in iowa. jenna: so many reasons to watch tonight, carol, and we really appreciate your insights and all you've done as well for the field of journalism. thank you very much for joining us today and we look forward to having you back? >> thank you so much. jon: a fox news alert. just as the united states gets ready to try khalid sheikh mohammed and the other 9/11 conspirators at

gitmo, this man, salim hamdan. had his conviction overturned by the u.s. appeals in washington, d.c. he was bin laden's driver. he was convicted of terrorism but the court of appeals thrown out the conviction saying it was not a war crime at the time. more ahead.

jon: from arizona to the highest court in the land, the united states supreme court set to weigh in on arizona's voter i.d. law enacted in 2004. the high court will decide whether arizona can require residents to show proof of citizenship before voting. judge andrew napolitano, fox news senior judicial analyst with more on that. so the voters of arizona

said, if you're going to vote we want you to show identification, prove you're an american citizen, right? >> well there's two things here. the arizona statute which requires that you show that you are registered to vote in arizona has not been disturbed. so the so-called voter i.d., which half a dozen states have, one of which is arizona, is the law and people at the polling places, this november in arizona can ask for identification. the issue is, you can get identification in arizona without being an american citizen and you can register to vote in arizona without proving that you're an american citizen. so here's the problem, if you show up to register at a polling facility, not on election day but in advance as the law requires, you will have to show proof of citizenship. but if you mail in a registration form, you do not have to show proof of citizenship. why? because the mail-in registration is regulated by a federal statute enacted in the clinton years and the actual in person

registration is controlled by the state which forces you to prove you're an american. jon: what kind of system allows two different rules for registering to vote depending on whether you do it by mail or in person? >> a wacky, crazy system, especially one war the constitution specifically gives to the states, as a check on federal power, the decision to regulate voting. in the clinton years, bill clinton and a democratic congress modeled this register by mail procedure after something governor michael dukakis of all people had done in massachusetts. the democrats, well we'll get more people to register and they will vote for us because we made it easier for them to register if they register by mail. because the federal government prescribed that, because the constitution says when the federal government the state governments clash, the federal government shall supersede that is why the california appeals court sided with the fed said the state can't interfere. if you register to mail by

mail you don't have to prove your citizen not in time for the federal election but certainly in time for whatever elections arizona has next year. jon: i know you spend a lot of time on your bench gazing into your crystal ball. do you have a predecision shun how the supreme court will rule. >> i think the federal statute. the supreme court will say what arizona is attempting to do is a baseline every state should do, assure that only american citizens can vote. and the federal government never intended to interfere with this when that statute was written back in the '90s when bill clinton was in the white house. i really believe that. otherwise the supreme court, which doesn't like to get involved in election law unless it has to, wouldn't get involved in this one. jon: judge napolitano, having to see what they decide. pleasure to see you. >> thank you, jon. jenna: this is question for the judge, what do caviar, a robot squirrel and a musical about climate change have in common?

apparently they were all paid for with your tax dollars. a look at this year's waste book is next. always interesting to see. plus our coverage leading up to tonight's second presidential debate is just getting started. can governor romney keep his momentum going? can the president convince voters to give him four more years? fair and balanced coverage of the big faceoff just ahead.

jenna: well this just in. the annual "wastebook" is

now out, detailing shocking examples of government waste and fraud totalling a whopping $19 billion. revealing that your hard-earned tax dollars were spent on projects like menu for martians and robotic squirrel and climate change, the musical. hum a few bars, jon. we know jon can sing from this past weekend. shannon bream live from washington with more on this. shannon some of those items sound pretty egregious. i'm sure there are a few others though. >> reporter: a few ways to look at it. fraud and waste are highlighted. here is an example, the government spending $2 million a year of your tax money to maintain grant accounts expired and dormant. according to the "wastebook", the agency responsible for the accounts has to submit a account to be closed but thousands have never been closed out so the monthly fees keep racking up. here is another. another $70 million loss for

pricing pennies. according to this report the cost to produce a penny in 2012 is more than two times its actual value. so after the pennies are manufactured and sold at face value and taxpayers are left to cover the $70 million loss. senator tom coburn says he puts together the annual report so taxpayers know what happens to their hard-earned dollars. >> reason we put the "wastebook" out because every day americans making tough decisions seeing the federal government is not making any tough decisions as long as we continue to fund things listed in this group. >> reporter: this year's book outlines nearly 100 examples. coburn says this is just the tip of the iceberg, jenna. jenna: these are specific projects somebody had to green light, someone had to say yep, this is where we spend the money. where is all our taxpayer money going? >> check this out. $325,000 grant for robosquirrel. checks out reaction between

rattlesnakes and squirrels. he is pretty life like. they spent $300,000 to promote caviar. a company in idaho was granted money to create a website, print flyers and sent the company's owner to trade shows to entice distributors to bring his caviar to the masses. finally nearly 700,000 granted from the national science foundation to a new york based theater company to develop a musical about climate change and biodiversity. the great immensity, opened in kansas city this year. along with the song one reviewer described as sounding like a wikipedia entry set to music the audience was able to experience flying monkey poop. you paid forfeit you paid taxes. jenna? jenna: that certainly gives us some perspective, doesn't it? >> reporter: the deficit and debt are under control. jenna: big issues and big decisions, facing us and where we want to spend our money including robotic squirrels. shannon, thank you.

jon: aren't there enough real squirrels in the nation? they need to build robots? got them all over my neighborhood. i don't know. just wondering. three weeks to go till election day. brand new polling shows a very important shift in women voters toward governor mitt romney. take a look at this. a brand new "usa today-gallup poll" of likely voters in swing states shows governor romney with a 4 point edge over the president. among women voters the pollsters say governor romney closed a massive gender gap. he now trails the president among women by just a point. meanwhile, the latest "real clear politics" national average shows about as tight a race as you can get. governor romney leading the president by .3 of a point. joining us for a fair and balance debate, former new york state republican senator alphonse d'amato, debbie dingell, member the national democratic committee and former vice-chair of al gore's campaign in michigan. debbie, this was a runaway

among president obama among women a week ago. what happened? >> first of all i'm not in any kind of statf panic because i think independent women think for themselves, looking at issues and i think as you see the next two debates they will talk about what women care about are the economy. they care about jobs. they care about the cost of gasoline and groceries. and when they listen to these two men talk and make their ultimate decision they're going to vote for the man they trust on the economy, among other issues and i think that women will in the end support president barack obama. jon: well, senator d'amato, if the economy and pocketbook issues are what matter to women what explains the surge to mitt romney in the last week or two? >> i think debbie has got it exactly right in terms of what women, most women will be thinking about. and i think that that's why you have this dramatic it shift to romney. because on the economic issues and debbie mentioned gasoline, the president

promised one thing and the gasoline prices would come down and they have doubled. the president problem missed more jobs. they have not been there. so the economic situation, that these families face, headed by women, and single women, is one of deterioration. and, if, governor romney does as well as he did last time, i think the surge will continue. momentum will continue to flow his way, with all of the voters including women. jon: last time around, debbie, i don't have to tell you men supported john mccain but women supported governor, i'm sorry, supported president obama, then senator obama by 13 points and made the difference in the election. if it is going to be closer this time around, and again, these latest polls from gallup and "usa today" indicate it is a lot closer, doesn't that create a problem for the president trying to pull this election out of the hat? >> look, i always said i'm one of the people said for

the last two years this race would be much closer than everybody thinks it is going to be but i also think women in the end are going to look at these issues very seriously. unemployment is the lowest it's been in four years. they will look at somebody, who do they think connects with them and what their life is really like? which of these two men knows what the cost of a groceries are, and whether they have to decide whether they can afford to take their child to the doctor? in the end they will look at choice is not a main issue, i get mad we get stereotyped. on the other hand they have two very real issues. governor romney won't take a position on fair pay for women or how he would vote, would have voted on the lilly ledbetter issue and on subject of choice, all of sudden we hear at "the des moines register" it is not one of his main campaign issues we heard for 18 months he will appoint supreme court justices that will support overturning roe v. wade. independent women in

particular will look at all these issues and in the end break for president obama. jon: well, senator d'amato, if pocketbook issues are front and center right now, you're looking at $6 a gallon gas in california. >> it is the economy, the economy, the economy. and that comes down to what does it cost to run a home? is it getting more difficult? can i pay my mortgage? do i have a job? and or am i underemployed or have i given up looking for jobs? this, economy, is in trouble. and we've had four years. and you know the thing that being shows me is that for two years president obama controlled, his party overwhelmingly, both houses. owe talks about the tax reform he wanted. why didn't he do it when he could have done it? there are very few presidents who have had overwhelming congresses. in other words he had a senate that was filibuster-proof. he could have made the tax cuts for the middle class. he never did it.

now he is divisive saying, the rich guys are getting away with it. well, mr. president, why didn't you do the things that you say you wanted to do when you could have? why didn't you make the changes and, bring about tax reform which we desperately need? and which governor romney says we need. and is supportive of. i think it is the economy and i think it is moving in the governor's direction, it will be interesting to hear the questions women are asking in the town hall format debate, because they are the group, both campaigns are pushing to get this time around. congressman, i'm sorry, senator d'amato and debbie dingell. good to be with you. >> thank you. >> good to be with you. jenna: we have update on story. shot by the taliban because she wanted to attend school. this pakistani teenager is struggling to recover. now some new concerns for her safety while she is in the hospital. we're going to talk to you

more about that. also a live look at the debate floor in hofstra university in long island, new york. the second debate between president obama and governor romney will be a lot different than round one as jon just mentioned. it is a town hall-style form mat tonight. who benefits from this kind of q&a with voters? we'll dig a little deeper into that just ahead.

jenna: well tonight round two, the president and mitt romney facing off for the second debate with just three weeks left before election day and we'll show you where the two will head-to-head tonight, go head-to-head tonight. that is a live look at the horseshoe where with the audience will sit, hofstra university, on new york's long island. town hall-style debate very different from the last one we saw in denver, colorado. this time everyday american voters will get it ask the questions and only one person, the moderator knows what those questions are at this time. attending the debate tonight,

republican senator ron johnson, of wisconsin, member of the senate appropriations committee and budget committee. nice to have you on set with us. >> jenna, good to be here. jenna: what do you think governor romney needs to do to make this appearance a success? >> i think be himself. in his first debate the governor romney pretty well shattered the caricature the romney campaign painted of him, some cold individual not concerned about irv american. he shattered that. i think paul ryan in his debate just reinforced that message. in the first debate my favorite moment was when governor romney pointed out the basic fact that in massachusetts he had a deal with a legislature that was controlled 87% by democrats and he was actually able to close a $3 billion deficit, leave a rainy day fund. that contrasts so dramatically with what president obama inability to work with people. jenna: you think that was a big win, that point for him. >> absolutely. jenna: talk about a topic of

conversation that has come up really in the last week the issue of abortion. "the new york times" with an editorial all about abores -- abortion. alleged war on women seems to be come back as we get close to election day the other side alleging republicans are in a war with women. how do you respond to that? how do you respond to those claims. >> first of all it is a false allegation. first you respond by talking about issues america faces. it is really about getting economy growing again to create jobs. that is what women are worried about. the fact that women see their children graduating from college and 50% are either unemployed or underemployed, i think that concerns them. they're concerned about high gasoline prices. they're concerned about the fact that median household income declined by $4500. jenna, that occurred during obama's recovery. so i think women are concerned about these exact same issues as men are. they're concerned about this president's lack of fixing the problems. jenna: some pundits argue if

it was all about the economy, that mitt romney would be running away with this election which we know he is not. it is a very tight race. you look in your state of wisconsin, it is a very interesting dynamic at play. going you and governor walker were brought in the 2010 wave with tea party support. but the state right now is still leaning towards the president. why is that? how do you change that? >> well, it is by informing the american public. it is by informing those voters about what this president's record of failure is. you know, going back to the point i was making, americans want us to get along with each other. to actually work toward real solutions president obama in his last two years has simply been unable to do that he does not have working relationships with either pubs or many democrats on the hill. jenna: you've seen that on the hill? >> absolutely. he has been awol. i'm new to this process. it is jaw dropping to me how disengaged this president has been actually pushing for real solutions. his last two budgets --.

jenna: democratic lawmakers your colleagues come to the complaint. is this something you talk about in the halls together. >> i think there is growing frustration even by democratic senators by this president's total lack of leadership. you have to really ask americans, why would they think anything will be different in the next four years? we need real leadership. jenna: that is good question for senators as well. why should we believe anything will be different when you guys get back to work in a couple weeks? there is a lot of decisions facing us and towards the end of the year and reason we have fiscal cliff we're hearing about. >> the reason we have do-nothing congress because we have a do nothing controlled senate because they failed to pass a budget in three years. the republican house passed a budget. jenna: how do you engage them better? >> first of all republicans need majority in the senate, with 51 votes, that is all it takes we will pass a budget because it is important to do that because we can stop implementation of the health care law which will bankrupt this country. jenna: a lot of big decisions ahead, senator.

nice to have you on set to talk about them. we look forward to having you back. >> thank you for being here. jon: three weeks away, election day. a tv chef making headlines for not what he is cooking. but what someone stole from him. we're not talking about a recipe. wait until you hear why he is out of a ride. a pakistani girl is fighting for her life when taliban gunmen shot her in the head for wanting to go to school. even in britain there are new disturbing threats against her while she is being treated our abundant natural gas is already saving us money, producing cleaner electricity, putting us to work here in america and supporting wind and solar. though all energy development comes with some risk, we're committed to safely and responsibly producing natural gas. it's not a dream. america's natural gas... putting us in control of our energy future, now.

jon: a fox news alert. and a child abduction under investigation right now in atlanta. take a look at this little girl. police are looking for her. they say that her caregiver left the child unattended in

a minivan outside the missionary baptist, new birth missionary baptist church on woodrow road. someone apparently stole the car with the child inside. they're looking for a 2010 dark gray dodge caravan with a plastic covering on the rear windshield. obviously they're also looking for this little girl. she is 2 years old. described as wearing blue tights, gray and pink sneakers, a white t-shirt with blue and white hair bows that search is on right now. if you happen to see that child or a gray dodge caravan with plastic on the windows, call 911. jenna: sweet little girl in the picture. from that story to this one, an update to a horrific story out of pakistan. new safety concerns for a pakistani teen transferred to a u.k. hospital after she was shot in the head by the taliban at point-blank range. the 14-year-old girl nearly died and that's because they were after her because she wanted to attend school, was

outspoken about that and women attending school in that part of the world. amy kellogg live from london. amy? >> reporter: jenna, malala, this girl's name is the name of afghan warrior princess who fought battles for her country and often calledjoan ofn and this malala, malala yousufzai is beginning a battle for a recovery. the chief consulting doctor in bir -- birmingham is i am pressed by her strength and resilience. she spent the first night in the hospital undergoing tests. theres were a brief security scare when people posed as family members of malala, they were escorted out an interviewed but ultimately not arrested. there was concern for her recovery and health and safety as the taliban threatened to hunt her down

again. malala's family did not accompany her on the trip but there are reports that she will come over here very shortly. pakistan's press condemned the attack. there have been threats against those people who report on this story. we went to a muslim community here in london to find out how people here feel about this story. >> what kind of girls study or get an education? she should. she can study. she can do whatever she wants in her life as well. who are they to decide for her? >> the people who have done this they're not ready to accept the reality women are integral part of the society. they have to go to education. they have to be part of social life and part of the economic life and it has been a long time and a long road ahead for people like malala and others to change that mentality. >> reporter: jenna there has been some criticism of pakistan's leaders for not condemning the taliban enough specifically in this case but pakistan's army chief came out the other day

and called malala a icon of hope and courage. jenna. jenna: amy kellogg, thank you. jon: well the stage is set for the second showdown. we'll take you there live to hempstead, new york, where a few hours from now president obama and governor romney meet up again for a town hall-style debate. more on what each side wants to do i'm only in my 60's...

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obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined. reporter: hello, everyone, a brand-new hours straight ahead. you have to wait until election day three weeks from now, but only a few hours from the presidential debate online long island, new york. and hillary clinton falling on her sword, taking responsibility for that i got a security nightmare when our embassy was attacked in our ambassador and three others killed. a live report is straight ahead. a big-time art heist.

hundreds of millions of dollars of masterpieces stolen. all of that and breaking news on the second hour of "happening now." starting right now. jenna: it is debate they come and take you. i am generally. jon: and i am jon scott. three weeks left before the election. with each passing day, the numbers keep getting tighter in key battleground states. president obama is on his way to new york from williamsburg, virginia, where he had been holed up, getting ready for tonight's debate. governor romney is already in the area, arriving in long island today. you can expect confrontation when he takes the stage tonight. bill crystal is editor of the new standard and a fox news contributor. what does mitt romney need to do to win this debate? >> i think that that means that he needs to be positive.

i don't think he needs to to go after president obama. some of these particular issues that are under in the news, iran and etc., i think what he did a week and a half ago is make his own case. if i were advising governor romney, i would say do that again. i think they have done a lot of going after the president and undermining him. what he did so well in the first debate was reassure americans and convince americans that he has a plan and a program. it is reasonable and sensible. it is different from the president's plan. let's give it a chance to work. jon: the white house is saying that the president is going to be more confident the second time around. he is going to be more

aggressive this time around. he is going to be tougher in going after governor romney and his record. will that be effective? >> well, i don't know. the problem with president obama is that he has not laid out a credible plan. the president made some mistakes and maybe it will be getting a little bit better. well, let's talk about what he will do in the next four years. he was flat. he didn't attack mitt romney enough. he was flat because he didn't say that he was one who had good reasons for wanting to be president for the next four years. that is not a good attitude for the american voters. he needs to be positive, concrete and forward-looking. you have to really demolish the. tends to be the mindset, and i don't think that's what voters want to see.

they do need to convince people that they have a plan and an agenda for the next four years. jon: this attack on our consulate in benghazi, libya, is bubbling to the surface more and more in this election. do you think the governor romney should seek to mention it or make mention of it somehow in this format tonight? >> i'm pretty sure that it will be raised in one of the questions. i think it is absolutely legitimate to mention it. this is unfortunately a symbol and tragic emblem of the failure. it does signify a certain retreat. i think you can call into question in particular, the events of the september 11. i think the confusion and the semblance to say what was far more accurate -- after

september 11, the president mentioned al qaeda, saying that al qaeda is on the ropes. it is inconvenient if it wasn't al qaeda backed attack. given the presidency narrative. even in foreign policy, i would encourage the governor to also explain what he will do to reverse these trends that are worrisome and a dangerous world. it is a dangerous world. if you can make it less dangerous, tell us how you're going to do so in the next four years. jon: bill kristol from the weekly standard. thank you so much. america is a election headquarters is the only place to watch that debate tonight. complete coverage and analysis headed up by megyn kelly and bret baier. right here on fox news channel. jenna: right now, hillary clinton is headed home from peru after making news there on libya. secretary clinton is taking responsibility, if not the

blame, for any security lapses at the u.s. security consulate in benghazi. the state department rejected requests for increased security before september 11. it left for americans dead and murdered, including the u.s. ambassador to libya. our reporter sat down with secretary clinton an interview. >> i am responsible for more than 65,000 people around the world. the decisions about security are made by security professionals. reporter: mrs. clinton noted that additional security would not have made any difference in the attack, although it could've helped ambassador stevens who was killed with three others in the attack. others accused the secretary,

hillary clinton, of trying to cover for the president. some said this was a lauded jester. mrs. clinton was left to explain susan rice's assertion five days after the attack that grew out of a protest against an anti-islam movie made in the united states. a state department security expert testified that it was clear within a day or so that there was no protest in benghazi, though there had long than an assessment of that before. >> the fog of war, the confusion they getting any kind of combat situation -- this was an attack that went on for hours. reporter: mrs. clinton says it will take an fbi investigation and a state review board determination to figure out what happened on september 11. jenna: we think wendell for that great interview today.

republican senator lindsey graham, he sits on the armed services committee. he weighed in on all of this on fox and friends. >> the secretary of states responsible for the the president's duty of protecting against al qaeda and the radical islamists. in april, an ied was thrown over the wall. in june, there was a hole blown in the wall. the northern gate was penetrated. four days later, the british ambassador in benghazi was attacked. the red cross was attacked. the office in benghazi, did anyone ever inform the informed the president of the united states about these terrorist attacks and conflicts? what did he know, when did he know it, and how did he do it?

it would be stunning if our national security team did not know anything about this. i find it almost impossible to believe. jenna: senator graham also sending a letter to president and asking obama if he was informed of the attacks on our consulate. if not, why not? the letter goes on to ask the president considered the event serious and whether he took any action to prevent the attack. we are also going to talk about the state of the war on terror. it is an anomaly, what happened in september, then what do we make of our safety? those questions and more coming up. jon: we are getting some recovery information about that zone. the israeli military shot out of

the sky and it was made in iran and launched by the terror group hezbollah. leland vittert has more from jerusalem. reporter: extensive intelligence about israel from the drum. no one will say officially exactly where the drone took off from, but israeli intelligence forces tell fox news that came from the gaza strip. which is significant. it means that hezbollah has expanded its the ability not only from its northern border, but also from the southern border. reporter: the second one hit and left vast wreckage in the desert of what was clearly a professionally made and sophisticated drone. israeli intelligence sources talk about tesla operative and

then launched towards egypt to avoid the iron missile system. the video broadcast shows an animation of the drone launching and then flying out to see over is really naber -- israeli naval ships. the israelis are still trying to figure out what intelligence or pictures and fed back to its operators. hezbollah took to the airwaves with a big victory speech. it is all right to fly drones into occupied areas. this was not the first and won't be the last. reporter: be a israelis are very concerned about what might come

next. iran has shown off suicide drones that are packed with explosives. they could fly them into israel with potentially deadly accuracy. jon: bring up more attention in that part of the world. leland vittert, thank you so much. jenna: in regards to tonight's debate, the romney camp is focusing on the days ahead. the big speech will be on our nation's soaring debt. we will have a preview of that. and then canada president obama. where are both sides on this growing debt. on the front lines in afghanistan. >> somebody watch the northwest sky. it looks and they're trying to maneuver over here. jenna: the inspiring headway that our troops are making there when you have diabetes...

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>> engaging taliban insurgents. >> somebody watch our northwest guys. it looks like they are trying to maneuver on asp. >> it is is pretty much the only area left in the entire central helmand river valley. there are a few areas that

remain. it is in a population that is not favorable for them. but what we have seen is the squad move forward with the travel and using the best tactics they can. they fight a defensive fight out there that are pretty good. >> fights like this are becoming increasingly aware as leaders and police shoulder the responsibility. >> no, sir, the districts have become very developed since we've been here. the people are going to want to go back to the living they have experienced under the taliban. >> i would like to say happy anniversary to my wife shannon and my children. today is our anniversary. >> congratulations. >> thank you. reporter: from helmand province, afghanistan, back to you in new york, jenna.

jenna: it is wonderful to get that special anniversary shout out. that was the best part. more from colonel north. jenna: on point, his family is enjoying not. jenna: jon: new numbers on which way the keystone state could swing this time around. plus, an art heist. priceless pieces heisted from a world-class museum. how do they disappear? questions?

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jon: breaking developments on a massive archives. several priceless pieces were swiped. rick folbaum has the latest. reporter: apparently the surveillance video of it, those tapes are being looked at right now. it was 3:00 o'clock in the morning this morning. thieves broke into a museum in the netherlands. they walked off with some very valuable works of art. two mornay pieces and that is a lot of monet, if you know what i mean. this is the biggest heist in the netherlands in years. here is the leading expert on museum security. >> thieves were very quick and they were not able to steal many paintings, but they knew to get out a few things that were very expensive. reporter: all of them part of a large exhibit that has been shown to the public for the very

first time. the museum is closed today. as you can imagine. our experts actually say these paintings are worth in the hundreds of millions of dollars. they would be impossible to sell on the market now that they have been on. that investigation is going on. jon: it is hard to believe that that kind of thing can still happen. thanks for updating us, rick. jenna: with election day just three weeks away, we are taking a close look at the battleground states that have the ability to decide the vote. today we look at voters in pennsylvania. they have picked the winners in3 they have picked the winners in the last dregs of the eight elections. republicans have lost five of those elections. we have to take a look to see if it could be a possibility this time around. unemployment right around the national average of 8.1%. a quick look at the history of visits from our two candidates. you see that mitt romney is a

little bit more invested in the state than the president. beautiful wife, ann romney, was just in the state of pennsylvania. we will talk about it and ann romney will be a factor. electoral votes, you know, it looks like a smaller space. when you look at driver free, nothing to sneeze at. especially in this close race. what we wanted to show you today is the university poll. if you look back on september 26, you can see that the spread is pretty big. the president at 54%. romney 42%. but now this gap has tightened. the president still leaving romney, romney edged out that 46%. that is a look at the context that we have been seeing here in pennsylvania. we last talked to colby about five weeks ago. what has changed in the last few weeks? >> well, we have seen the polls tighten. we have seen the romney cut into

obama's lead. he used to used to be a double digit rates announced low single digits. we can attribute that to romney's successful debate performance or just a natural typing when people in october start to tune in and pay more attention. jenna: let's talk about ann romney. how big of a factor do you think appearance is like this one will be in the race over the next few weeks? >> said the reason why she was in pennsylvania when i'm speaking is to tell people that mitt romney cares about them and that they do view the state as competitive. they view it as being in play now. jenna: do you view the stay that way? it seems } to be a tough road for that romney campaign. >> is still a tough campaign.

when you talk about insiders and the romney camp, they expect to pennsylvania to be around us for a five-point margin. it is a huge state, philadelphia is incredibly expensive, i don't believe that romney will put the same effort into this state in the states that he would have a better chance of winning west virginia and ohio and florida. jenna: it certainly becomes a money issue. you readily pointed out the money issues. i was looking at some of your reports over the last couple of weeks. one thing that stands out is that romney ties or beats the president when it comes to men. what about women? how big of a factor are women in the state of pennsylvania. >> women voters are huge. they are huge all over the country. obama leads romney by double digits among women. that is why you bring up someone like ann romney, white and the mother of five kids, a grandmother. you humanize the candidate and talk about what a great father he is in a great husband.

at the end of the day, women in pennsylvania are preferring obama over romney by a large margin. speak to colby, great to have you back with us. >> thank you so much. jon: tackling america's debt crisis. will he get a proper hearing at the presidential debate tonight? neil cavuto has some thoughts on that and he will be along to join us. plus, secretary of state hillary clinton saying that she accepts responsibility for mistakes before the attack on our consulate in libya. what does the buck stop with the secretary of state? we have that straight ahead [ male announcer ] eligible for medicare?

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jon: we have yet to hear from the candidates will say at the debate tonight, but after the debate we know this the romney camp plans to come out swinging over national deficit and debt in this country, a debt that now tops $16 trillion. governor romney is expected to give a speech on friday focusing on that topic. today a memo from the romney campaign points out something the president said four years ago at a debate at the same location as tonight's big event. >> now looking at a deficit of well over half a trillion dollars, so one of the thins that i think wthings we have to recognize is pursuing the same kind of policies we pursued over the last eight years is not going to bring down the deficits and senator mccain voted for four out of five of president

bush's bulge et. cetera. we have to take this in a new direction. jon: the debt is doubled growing by more than $5 trillion. let's talk about it with neil cavuto host of "your world" he joins us from hofstra, university the site of tonight's event. how does president obama defend the remarks he made four years ago. >> it's going to be tough. he'll say obviously circumstances have changed. you can expect mitt romney to raise that with him again and say look you can blame the predecessor all you want, the fact of the matter $5 trillion more in debt has piled up under your watch, and you have some explaining to do. this is a venue that makes it difficult for a candidate, either candidate to do that because you have this town hall forum, you have a studio audience, so it's tough to go at the other guy through a moderator and those in the audience. bill clinton was effective at doing it.

i should say on the stump mitt romney has done this several times. if you include the 40 some-odd debates mitt romney has had in this whole process here, he's had venues where 50 to 60 of them have involved studio audiences, and mixing it up with the crowd, sometimes famously in raukas arguments in iowa talking about corporations. he's well practiced at this. senator barack obama did this quite a few times and was very, very good at it. as you've indicated as well as president he hasn't had nearly the opportunity to practice, and the rusty argument and whether he's able to respond to challenges like this. that what you says then doesn't jive today we'll have to see. last week in denver almost two weeks ago he didn't do it. tonight he gets another shot. jon: it seems like every president or presidential candidate talks a good game about reducing the deficit and then something magical happens when they get in the oval office and reducing the deficit goes way to the back of the line, in

terms of presidential priorities. how does mitt romney try to convince americans that he's serious? >> you know, it's a very good point, jon. i think, and i know this is over simplifying it, i think it gets tougher the bigger the numbers get. by shear osmosis and interest compounded on top of the debt it will grow without you doing anything. you would have to cut $4 billion a day to keep pays just with the amount of interest we add roughly to the debt every day. imagine those kind of cuts. you're looking at having to do something in the vicinity of a trillion dollars worth of cuts each year just to stay even. that is a staggering sum because of the staggering level of red ink that we've developed. obviously you can't just cut your way out of it. mitt romney has to present an argument tonight that you have to start booming your way out of this. i think if we learned anything from presidents who have been good at this. booming their way out, ronald reagan or in the case of bill

clinton you can lay a path, chart a direction. you don't have to overnight start telling people i'm going to eradicate that 16 trillion immediately, but if you show the markets, for example, the way, jon, that you are on a way to getting this under control they'll reward you. bill clinton found that out. in the case of ronald reagan if you can show leery markets that tax cuts can in and of themselves create a boom and we know then the government took a lot of that revenue and spent it, so the boom was quickly washed away in terms of the revenue, but we do know that you can make a compelling case on the stump that this can go your way. if you can present an argument that what you're about to do will set the wheels in motion for an improvement and the markets buy it and by and large those in the know are beginning to buy it, folks will get more confident, you'll see a return that looks favorable. bill clinton found it out, ronald reagan found it out and the trend becomes your friend and you then start to boom your way out of bad times u. can't cut your way out.

jon: a boom would be welcome in this country. >> indeed, indeed. jon: thank you. kneel will be hosting an all-star line up of guests tonight. you can catch that starting at 8 eastern on the fox business network. jenna: now turning to one of our other top stories, hillary clinton taking responsibility for security lapses that some suggest have lead to that deadly attack on our consulate in benghazi. the secretary of state also raising the issue of what action the u.s. might take in response to that september 11th attack. >> i want to do everything i can to protect our people, and i also want to make sure that we track down whoever did this and bring them to justice. jenna: just this morning fox & friends asking armed services committee member senator lindsey graham about doing just that, and about the possibility of a strike in the near future. here is what he had to say. >> this is what they do after they get a lot of criticism. this should have been the first response. the president should have been on national television talking

about this will not stand. those who did this will be brought to justice, this is not a criminal matter, this is a military matter. the fbi, the cia, the department of defense should join with the libyans to hunt these people down. they are paying catch up. again the region is coming unraveled. leaving no troops in iraq has caught up with us. iraq is deteriorating. i was there two months ago. the president inherited a lot of hard problems. iraq with us a success story in the making, they made it impossible to leave troops. afghanistan he's overruled our commander's three times and if we don't have a force there post 2014 that place will fall apart. jenna: kt mcfarland joins us as well as jim walsh. nice to have you both with us today. as we take a look at our proper response and what that should be, one of the questions we need to answer first, kt, is what is at stake? what is at stake here for the american people?

>> well, let's take two examples. in the first place when we have not responded to attacks against us or against our personnel overseas what's happened? they've been -- the next step is an even bigger attack. cobart towers we didn't respond to that. the usscole bombing we didn't respond to that. al-qaida grew and grew, first world trade bombing we didn't respond to that. al-qaida came back a second time to the world trade center. by doing nothing and not being tough and not row tal kwraeuting, what we've told them, free reign, go and do it again. i want to contrast that to the reagan administration when a disco tech in germany knee was bombed with a lot of american military personnel. what did my boss ronald reagan do? he went and bombed libya. as a result moammar qaddafi hadn't been heard from for 20 years after that. when somebody attacks us and kills our people we retaliate

and respond and do it immediately. jenna: jim your thoughts. >> i don't know why kt assumes there is not going to be a response. i'm not sure it's entirely a smart thing to be out there telling your enemy what you're going to do. i'm shower that there will be a response and i'm sure that these people will disappear and it won't be a very pretty scene. ronald reagan also walked away, you know, he pulled troops out after cobart towers. all presidents have different parts of their record. i see nothing out there that says that the united states is not going to respond. i fully expect them to respond, i think that is for military planners not for tv pundit skwraos in th. jenna: in the meantime it has been several weeks since this happened. our ambassador was killed and there doesn't seem to be a visible response to the world for those who perpetrated our consulate, jim. what do you think is the effect of that. i understand what you're saying, sometimes you don't need to talk all about it. what do you think is the affect, the message we are sending to our enemies. >> i think our enemies will know when their colleagues are

killed. there ace lot of stuff that we don't know about that happens in the middle east, in yemen in syria and elsewhere. the audience that we're speaking to the audience of terrorist, my sense is they are pretty clear on the fact that if you mess with the united states we are going to come and kill you. jenna: why do they keep doing it? >> religious ideology. they are suicide bombers. obviously this is not a deterrent situation in some of these cases, a lot of them h-r extremists. sometimes it's a matter of deterrence -- jenna: aourbgs it looks like w it looks like we had a slight audio problem there. jim was right in the middle of an important point. we'll get back to jim in a second. kt, you can go ahead and respond to some of the things jim was mentioning. what do the last few weeks as well tell us about our national security, about how safe we all are? >> here is the problem. for the last month we've seen, you know, a fairy tale being created about what the situation is. secretary clinton says i take

responsibility, that is all well and good, but there is a bigger question, why? why did our intelligence fail? why didn't we see this coming? why didn't we provide the security? why did president obama just five days before that attack say al-qaida is on the ropes, they are back on their heels. it's pretty clear al-qaida is back in the other directs, tha direction, they are growing in that part of the world. why make up a fairy tale? it wasn't a demonstration. jenna: as you've worked from the defense department and otherwise, what do you make of the difference of messaging from the different departments at this point in the messaging not only to our enemies but also to the american people? >> jenna, i was in the white house during watergate and i was at the pentagon during the iran contra scandal and these things take a predictable pattern. first thing is a policy misfires, and in in this case tragically misfired where people died. operatives in the white house

say we don't want a political problem, especially this close to an election, anything that would reflect badly on the president, so they throw up a lot of dust in the air so nobody whose what happened. who attacked whom, why did it happen. but then the dust settles. jenna: are you confident that we learn from this. that our policies will be examined as we approach this part of the world post arab spring? do you think this is in some ways a game-changer for that? >> ultimately it will be. maybe not politically. why it will be policy wise is right now the administration says it's the cia's fault for bad intelligence, it's the state department's fault for not protecting our people. what will happen now is the people, the career professionals in the bureaucracy, in the military, diplomatic service and the intelligence community they will come forward. that is the other part of the predictable pattern. the professionals will come out and say we don't want to take the political rap for something that was a political mistake. we gave our best advice. we warned that these things were coming, but our political leaders didn't take note of it.

i mean that is certainly what happened in watergate. it was a career professional who was the whistle belowe whistle-blower he will blower. that's what happened in the contra affair. i'm expecting the career professionals will come out and say exactly what happened. jenna: more on this when this story develops. we invite jim walsh to come back wherever he is in the universe. you had a good debate going. we thank you kt and jim as well. jon: a new warning from the food and drug add anyone straeugs about the deadladministration and the meningitis outbreak and a link to two other drugs. we'll tell you which ones you need to look out for next. with the spark cash card from capital one, sven's home security gets the most rewards of any small business credit card! how does this thinwork? oh, i like it! [ garth ] sven's small business earns 2% casback on every purche, every day! woo-hoo!!!

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jon: just into the fox newsroom you know that all eyes are on ohio with this presidential election looming, a state that very often determines the winner, and with that just in,

ohio's voting laws are going to be changing it would appear. there was an early voting program voted in by the state of ohio for military members and their families. they were to be allowed to vote early. the democrats, and the obama campaign asked that that be blocked, for whatever reason they did not want military families and military members voting extra early. a couple of lower courts blocked the law, again at the request of the obama campaign and state democratic officials. now it's gone to the supreme court. the supreme court is going along with that block. according to our shannon bream who covers the supreme court for us, we believe that what is going to result from all of this is that everybody in ohio is going to be allowed extra early voting, no special privileges for military members and their

families. again, a developing story just out of the united states supreme court. we'll have more for you on it throughout the day here on fox. this fox news alert on the widening investigation into a deadly meningitis outbreak. the food and drug administration now saying that even more drugs, including one used during open heart surgery might also have been contaminated. kwropb than that serrie liv jonathan serrie live for us in atlanta, what is prompted the new warnings? >> when you look at the official case count awful the cases of fungal meningitis that have officially been reported are linked to this drug injected to the lower back to treat back pain. this drug manufactured by the new england compounding center. however, the fda is investigating a possible case, an unconfirmed case of meningitis in a patient who received a second necc drug

injected to the spine, and two heart transplant patients developed a nonmeningitis fungal infection after receiving injections of an necc cardiac medication used during surgery. as a precaution the fda is also investigating a medication that is used during eye surgery, it was produced under similar conditions by the same pharmacy, although cases of infection have been reported as a result of that eye medication so far. jon. jon: and so if patients are out there who received one of these medications, what are they supposed to do? >> reporter: well, if you received an epidural injection of an necc product you should consult your physician if you develop any symptoms of meningitis. those symptoms can include, fever, headache, stiff neck, nausea, light sensitivity or confusion. patients who received inj the js

who received necc drugs during open heart surgery, or during eye surgery, they are not at risk for men r-r bu for for men skwraoeut advertise. but fungal injections. fever, swelling, discharge from the eyes, chest pain or drainage from the surgical site. doctors say you shouldn't take any chances if you experience any unusual symptoms and have been exposed to any nec medications you should call your doctor right away. jon. jon: thank you, jonathan. jenna: another green company once touted by the president closing its doors. the bill left for you, the taxpayer to pay. and it's not cheap. more on that just ahead.

jenna: right now another green

company once touted by the president apparently biting the dust. an electric car battery maker that got some 250 million tax dollars is filing for bankruptcy. and doug mcelway has more for us from washington on this. >> reporter: the name of the company is a123, a waltham, massachusetts outfit that specializes in lithium ion batteries. it built three plants in 2010 to take advantage of the state's huge tax breaks for battery manufacturers. vice president joe biden hailed the $249 million tax grant to the company. he said with recovery act projects like this we are starting to turn the page on a decade of failed economic policies, end quote. president obama phoned the company at a 2010 celebration. >> i am calling to congratulate a123 systems on this tremendous milestone. as you said thanks to the

recovery act, you guys are the first american factory to start high volume production of advanced vehicle batteries. i met with david and some of the a123 team here in the white house back in april, and it's incredibly exciting to see ho*uf you guys have come since we announced these grants just over a year ago. >> reporter: despite hundreds of millions of dollars of taxpayer support it did little for a123, which today announced it is indeed filing for bankruptcy protection. the bottom line is gas prices that are knocking on $4 a gallon electric car sales are dismal, little interest in the chevy volt or the fiska carma whose batteries are made by a123. >> they are all disappointing sales. consumers aren't interested. >> reporter: we've asked the white house for a comment on the bankruptcy. no response.

a123 has lost 80% of its stock value today. it's 6-cents a share. jenna: doug mcelway, thank new we have seen horses, dogs, all kinds of critters loose on the highway but elephants? oh, boy, how this happened. a big chore for police coming up.

this is a test.

will. jon: here is a problem. drivers on interstate 10 in mississippi saw an unusual sight for circus elephants involved in an accident. the truck, pulling the trailer, ran off the road and the elephants from the circus of the stars, they say that the elephants are okay but they were a little shook up. the driver of the truck, fortunately not hurt.