jane meg pin is going to have the video of the jumper in vegas coming up. jon: i can't wait to see you, and we'll see you tomorrow. megyn: i'm megyn kelly and this is "america live" with new developments from the teacher who wanted to take down the tea party, getting support from the very people he wanted to hurt, and look at what we uncovered! do an internet search for goldman sachs and sec and you'll get directed to a website raising money for the president. we now know who's behind that. plus -- >> closed! >> who made the call for cops to run off reporters as they tried to cover a protest at the white house? it's all here on a busy day

of "america live" right now. we begin with the fox news alert. we are getting reports that an actor whose voice is known to tens of millions of people has been fired from his high-profile job, working for geico insurance. the voice actor you hear with that famous 15 minutes could save you 15 percent on your car insurance claims that geico has dropped him because of complaints from the freedom works tea party group. now, the actor's name is lance beckster, he goes by d.c. douglas, here he is, the story is he left a harsh voice mail message at freedom works, which we have a recording of and we're going to tee it up for you, but in the message he asks, quote, what percentage of people working for you are mentally retarded, and he goes on from there. well, geico reportedly responding by firing this guy. freedom works, the tea party group, responded by encouraging people to call geico, and call the actor,

and now the actor is suggesting perhaps he has a legal case against freedom works. this is just breaking, we're working to confirm all of it, the voice mail we have, we're going to play it for you and get into a little more moments away. and we've got another fox news alert for you, the details now in the sarah palin e-mail hacking case. we are now hearing that sarah palin's oldest daughter, bristol, may take the stand as jury selection continues inside of a knoxville, tennessee court. also on the prosecution witness list, husband todd. at the center of the trial is 22-year-old david kernel, this is kernel walking into court earlier today, he is accused of hack going the former alaska governor's yahoo e-mail account that she used for business and some also personal correspondence during the presidential campaign, two years ago. ker nevment l claims it was all a prank, not a crime. the government believes otherwise. trace gallagher has the latest from our brand new

"america live" west coast newsroom. >> reporter: the defense is already saying because eastern tennessee is mostly republican, they're concerned about sarah palin's star power, swaying the jury. prosecutor won't say exactly when sarah palin will take the stand. we expect this trial to last about ten days, though. you mentioned bristol palin. we have now heard that bristol palin is actually in the federal courthouse in knoxville, tennessee. remember, bristol palin's cell phone was one of those things that was posted by david kernel. at the time, kernel was a 20-year-old university of tennessee student when he hacked into sarah palin's yahoo account by answering her personal security questions, resetting her password to the word popcorn, then posting e-mails scwhrien, using that nickname, rubico, the defense says kernell had no criminal intent, that he was not trying to cover his tracks, and this thing was simply all a prank, but the prosecutor claims that

kernell's intent was to re -- dough rail her campaign for vice president -- derail her complaint for vice president. in the buying helicopter going rogue", sarah palin called kernell a keep bent on destruction and his former roomate testified by saying, here's also a quote, that he definitely talked about how he didn't believe in what she wanted to do, he went on to say that he bragged about hacking into peara sail -- sarah palin's e-mail account. again, the trial should last about ten days, bristol palin is now inside the federal courthouse in knoxville, tennessee. megyn, when she takes the stand, if she takes the stand, we'll bring you the news coming out of that. megyn: all right, thank you. major developments in the case of three navy seals, charged in connection with an alleged assault on the terror suspect. today, the court marshal trial of one of those seals opened at a military base outside of baghdad, the alleged victim, a suspected terrorist, took the stand,

claiming that he was hit, kicked, and yelled at after being taken into custody. authorities say that this man masterminded the gruesome murders of four american contractors back in 2004. those americans' bodies were burned, they were dragged through the streets of fallujah and two were hung from a bridge. the terror suspect now claiming that he was assaulted, but his -- he's now denying those charges. well, america's top ranking senate democrat is now firing back. after being slammed for taking campaign cash from wall street, senator harry reid's office, senate majority leader, defending a fund-raiser that reid hosted back in january. well, this took in thousands of dollars from top brass at, you guessed it, goldman sachs. now under investigation, and facing a lawsuit by the securities and exchange commission. that fund-raiser coming just as leading democrats were crafting legislation to regulate the financial

industry, to crack down on it, something goldman sachs and most of wall street is vehemently opposed to. gar lee gasparino of the fox business network joins me. charlie, so senator reid, he's taking in doe from -- dough from goldman sachs as trying to crack down on goldman sachs. is that any different than what president obama is doing? >> goldman sachs gave president obama during the election four times more money than they gave john mccain, but what's interesting about the harry reid story, megyn, is how it developed. wednesday of last week, i introak the -- broke the story he had this fund-raiser with goldman sachs, he got the money from them, not only that but he yelled at them for basically, you know, leading the charge on the sort of antiwall street front, basically the democrats have been very critical of wall street, they basically called for that, the next day i broke the story, in which mcconnell and cornyn, the republican side, they were in new york to basically raise money for wall street and talk about financial reform, maybe how to get the -- get some of the aspects out of there

that are not good for wall street out of the bill. reid uses that to start attacking cornyn and mcconnell in the republican efforts to derail financial reform. the president mentions the mock connell-cornyn meeting in his -- mcconnell-cornyn meeting in the saturday address and now they're talking about refunding the fund-raiser -- >> megyn: want a minute, let me stop you there, you're neck deep in it but here not. the allegation is by the white house and reid is that the senators, these republican senators, john cornyn and mitch mcconnell are out there trying to make things better for the financial industry because the allegation is that they received boat loads of dough. >> absolutely, and they held this fund-raiser last week, the story that we reported. what is happening now is you have a tit for tat, reid is being called to the carpet based on our other story he was at a fund-raiser at guess where, the most nowhere -- notorious name on wall street, goldman sachs, where he raise the

significant funds and heard their gripes about financial reform. megyn: everyone, the democrats and the republicans, are taking money from the so-called wall street fat cats as they argue about whether there should be a crackdown on regulation of the wall street cat fats -- fat cats. >> and the democrats have gotten a hell of a lot more money than the republicans have over the past year for a number of reasons. number one, you know, it was a big democratic year in 2008-2009, but more than that, if you look at the heads from the wall street firms, goldman sachs, j.p. morgan, to black roth, the big management firm, they're all big-time democrats. megyn: a lot of people have the misconception that wall street is conserve tivment that's not true. >> not at all. there was always the misconception, or the cliche it was a bunch of country club republicans. it's i guess as you could say limousine liberals on wall street. megyn: we'll see what the reaction is as the crackdown takes place. charlie, good reporting, thank you very much. >> any time. megyn: fox news alert, awaiting the coast guard on

the search for 12 missing oil rig workers off the coast of louisiana. look at these brand new photos, just in from this horizon rig, where an overnight explosion sent seven people to the hospital oh my goodness, would you look at that! helicopters and airplanes, and a boat, are now scouring the waters of the gulf coast for the dozens of workers -- the dozen workers i should say, not seen since this blast. the coast guard is now drilling -- the drilling platform is tilting badly, they say it may topple over, and more than 100 workers did manage to escape, are headed to safety now, but we worry about the fate of the others. the drilling platform is located just about 52 miles from venice on louisiana's tip. you can see it here on our map. the latest we get from jennifer hale of our affiliate wbe in new orleans. jennifer, what do we know? >> reporter: we got good news for you this afternoon, about an hour ago, local officials confirmed the 12 missing workers have been

located, so very good news, folks across the coast here in louisiana breathing a huge sigh ofie leaf. what happened was when they evacuated that rig they got into a loaf boat that had a capsule on top of it, the emergency trigger shot that capsule pretty far out from the rig and basically it started drifting and no one knew where it was so all night, all morning, rescue crews by plane, helicopter and boat had been searching for that capsule. the good news, it's been located and everyone aboard is safe. just to recap, around 10:00 last night, this oil rig had an explosion rip through its surface. that sent the 126 workers on that rig scrambling for safety, many jumped into the water to try and escape massive flames. right now, at this moment, we still have a massive fire burning both on the oil rig and on the gulf of mexico surface. at least five boats are out there, trying to extinguish those flames. you mentioned the rig is tilting, at 10 degrees.

they are worried about a collapse. again, the big sigh of relief, though, is all the workers have been rescued. no one is back on land, yet, though, they are out at sea, we are expecting the first crew, the first rescue boat to arrive in an arrest, fort bushon, hopefully in the next few hours but it could be 8:00. the coast guard is going to fill us in on the latest developments, hopefully we'll have a cause at that point, as well as news about the environmental damage. definitely a developing story here, megyn. megyn: indeed, jennifer, thank you very much. i just wanted to point out, as jennifer was speaking, just crossing the wires, the coast guard now dialing back that statement of good news about the 11 folks being found. we don't know the status of those folks, and the coast guard is hedging on that a bit. so we're hoping that that is good news, that they will have to offer with us but it is not yet confirmed. we will get you an update on the status of those still missing as soon as we have it. folks, he is the oregon teacher who called tea party

members morons, racists and homo phones, this guy teaches middle school, jason levin is in danger of losing that job, but the tea party has a different lesson plan in find. --o in mind. we'll tell you what that is in three minutes. our good friend monica crowley will join us with her view on this developing story and a group of white extreme cysts senior dollars -- arrested in an l.a. raid, we will tell you what investigators say they did that put the lives of police officers very much in danger. and this is the scene outside of the white house. protestors, chaining themselves to a fence. but wait until you hear what happens when reporters, including our very own, tried to ask them questions. transparency?

megyn: fox news alert, to the top story, an actor known to tens of millions of folks, his voice at least, has apparently been fired from his high profile job at geico insurance. this guy is a voice-over actor, you hear the voice, 15 minutes can save you 15 percent in car insurance and this guy apparently is no fan of the tea party. he calls up reportedly freedom works, that's the tea party group, and leaves this scathing voice mail for them, and freedom works goes line and calls attention to the fact that this actor, lance baxter, has done this,

posting a link to his voice mail, and the story is that he has now been fired. and that geico is looking for a new spokesperson. monica crowley is a radio talk show host and fox news contributor. we're working to get this voice mail cued up so folks can hear this, but this is what he says, i'm doing a paper on freedom works, i'm wondering if somebody could give me a call back, he's calm, wondering if somebody could give me a call back, wrapping up, have one more piece of information i need to get from you guys, this is it, i want to know what percentage of the people that are mentally retarded who work for your organization so if you could give me a call back on this number, i need to know the percentage of people mentally retarded that work for freedom works and how you plan to defend it when one of your workers plans to kill somebody there, so now apparently he gets fired and on his website, he's really against freedom works for

posting his private voice mail. >> reporter: the story makes no sense. megyn, it goes on for like 25 pages. his own sort of defense about what happened here. here's the new line for geico, leave an oxknoxous message for the tea party, it could get you fired! they have a brand to protect and this guy got political. he was hired to do a voice over for them, he got political. if this is true he left a reportedly very offensive and insulting message to the tea party movement which let's face it is no longer a movement, it's mainstream america, because 60 percent of the american people may not attend a tea party but sympathize with the message of limited government and controlling spending so geico certainly doesn't want to be in the position of having a top voice over guys leaving advertising. megyn: it makes it look like geig geuko doesn't like the tea party. >> and you don't want to insult the customer base,

many of whom probably have geico insurance. megyn: isn't this dangerous when somebody expresses their political opinion and it costs them their job? >> certainly if you were running geico or any company you have to be careful about your brand image so it's geico's prerogative whether or not they wanted to keep the guy. i will say, what i found extremely offense i and what probably pushed the geico folks over the line is when he veered into the vie lent accusations, saying what are you, meaning the tea party, going to do if somebody starts killing somebody. you read the quote, right? megyn: right. >> this dovetails perfectly with what we heard from president clinton earlier this week on the anniversary of the oklahoma city bombing, saying listen, we're creating a climate here where some lunatic could go off and kill somebody. i don't think it's coincidence that this guy had these words to say around the same time that bill clinton exploited oklahoma city for that purpose. by the way -- >> megyn: by the way, i want to make clear, it's not the

geko, not the guy who does the australian voice of the geko. it's the guy who does this. listen: >> geico, 15 minutes could save you 15 percent or more on car insurance. megyn: and could cost you your job! if you leave these messages! >> the guy who does the gek --o the geko voice, he's probably an indispensable part of the image, that's a different ballgame but there are a million people who could have done that voice over. we could do it. megyn: i already have a job. we'll do it! meantime, monica, this juxtaposes against another case of hate speech against the tea partyers, this teacher, who teaches middle school, jason levin, who's now in danger of losing his job because he started this website you and i talked about, urging people to infiltrate the tea party events, make them look bad, hold up nazi signs, make them reflect badly on the taw party -- tea partyers, now he's in danger of losing

his job in oregon and they say what? >> they say they don't want him to lose his job, they want to encourage him to seek out sensitivity training and anger management, when i -- which i love! it's brilliant. megyn: that real? is that tongue in cheek? >> i think they're serious about taking the high road, using this as what they call a teachable moment. we have to be really clear about what is disturbing to both geico and the school district in jason levin's case, because it's not exercising the first amendment just going out and expressing your opinion. what levin is being investigated by the school district for is using school computers and school time to agitate and also calling for the collection of tea party members' social security numbers, identity theft, identity fraud. that's what he's being looked at for. megyn: that could be a crime, in other words. >> yes. mike mike -- megyn: the geico gy didn't commit a crime, as far as i can see, just being obnoxious.

it's a p.r. thing, if you work in walmart and make an obnoxious voice mail, maybe you don't get fired, but if you're a public figure, in television, or represent a brand that millions of americans buy, you're held to a different standard. >> and the school district and geico in baxter's case, they're saying where is the line, the companies and school district is going to use their discretion to say it's one thing to speak out openly about your political views, it's another thing to say hey, you're going to be sorry when somebody kills somebody. megyn: yeah. >> as is alleged in the baxter case, or in levin's case, saying let's try to get social security numbers so we can steal the tea party members' identities and make them look bad and destroy their lives. megyn: and the geico guy goes on and on in his website about how unfair this is to him, how they published his private voice mail messages, which is an invasion of privacy, then they published the possibly illegal recording of their

followup call to me when they tried to ascertain it was me, and on and on, i've been harassed and so on and so forth, he now claims he's the victim. can we hear the line one more time? >> stand by, we'll play it for you. there we go. >> geico, 15 minutes could save you 15 percent or more on car insurance. megyn: i think you're right, we could do it. >> we could do it! call us. megyn: thanks monica. megyn: more on that as we get it. we just got word from the commissioner of the nfl, roger goodeel, has suspended pittsburgh steelers quarterback for six games next season, last month a 21-year-old woman accused ben roethlisberger, he's the guy we're talking about, of sec yalg assault but prosecutors decided not to file charges. the quarterback was suspended for violating the league's personal conduct policy and he also paid big bucks for -- wait a minute, is that right?

yes. is this about roethlisberger? this isn't right. forget that! roethlisberger is in trouble, and there's this: someone paid big bucks for apple's brand new -- >> --

megyn: new details from the white house search for a new supreme court justice. moments ago white house press secretary robert gibbs speaking out, discussing the characteristics the president is looking for in a nominee to succeed justice john paul stevens. listen here. >> as we look for a nominee now and as we looked for a nominee last year, somebody who understands how the law affects real people and the real world. not just in a clam, not just out of school. >> this comes hours after president obama met with

senate leaders on this very topic. saying he plans to nominate someone by the end of may, possibly sooner. shannon bream, live in washington. shannon, so the only question the president took was a biggie on abortion. how is that going to factor into this whole thing? >> you're absolutely right, megyn, he did take only one question and that was about it, about women's rights and he said listen, i'm going to say the same thing every president has said up until this point, i do not have a litmus test, but he also said women should have the ability to make their own decisions about their bodies and issues of reproduction. he also said core constitutional values promote the notion that individuals are protected in their privacy, in their bodily integrity and he wants somebody who sees the constitution that way. well, the white house spokesman, robert gibbs, got pummeled during the briefing this afternoon because a number of reporters kept saying how is that not a litmus test. megyn: that's the question. in particular, because one of his potential nominees, diane wood of the seventh circuit has a controversial history when it comes to abortion rulings, upholding

partial birth abortion in one ruling, which was later reversed, my understanding. in any event, it seemed like everybody was pretty cozy at that bipartisan meeting with the president this morning, am i wrong? >> it did seem sort of like a love fest, the top senate leaders on both sides of the aisle and a top republican and democrat from the senate judiciary committee, the president praised them, said they did a great job last time around with justice sotomayor, he said we're going to have a tough time replacing justice stevens. here's what he said: >> i'm confident that we can come up with a nominee who will gain the confidence of the senate and the confidence of the country. and confidence of individuals who look to the court to provide even-handed justice to all americans. >> reporter: and you got to remember, this time is a little different than last year because he doesn't have a filibuster-proof majority in the senate like he did with justice soto myior. you have covered this, you know how ugly it could get.

megyn: depending upon the nominee. thank you very much, shannon. breg news on the fate of the oil rig burning off the louisiana coast and the fate of a dozen missing rig workers. remember this, conflicting reports about the status of these folks. we're going to update you. and what happens when you flip on a buzz saw, but the blade is not attached to the motor? wow! that's what happens. the unexpected, and dramatic extreme makeover home edition, next.

megyn: welcome back, folks, quick look at the stories we're watching for you. we are awaiting a news conference from the coast guard on the search for 12 workers who went missing after an explosion at an oil rig in the gulf of mexico. there was an earlier report the workers had been found, but the coast guard now says that it cannot confirm that report. so we'll be waiting

anxiously for that update. meantime, planes are flying into all of europe's main airports today, but airlines admit the thick ash cloud from iceland's volcano that we have been following for some time now cost them $1.7 billion in revenue. ouch. and it could take a week to clear the massive backlog of stranded travelers. well, new information just in on a daring and deadly coast guard rescue off the coast of alaska. we have just gotten the dramatic 911 tapes of the may day call as the boat was sinking into the frigid waters overnight. trace gallagher is live in our west coast newsroom. this tape is chilling. >> reporter: it is riveting, megyn. i will tell you, we just heard this thing again, this is a 75-foot fishing boat based out of seattle, the northern bell, 50 miles out to show, the odd thing is the winds were calm, the seas were calm but the boat began taking on water, three

men, one woman on board. listen to this may day call. >> northern bell, may day, may day. >> united states coast guard, communication station on .25, over. >> northern belle, this is constant codac, request to know if you are in need of assistance. over. >> absolutely we are going down. >> understand you're going down, no persons on board, over. >> we have four persons on board. we are getting in a life raft here. we are going down. megyn: -- >> reporter: they went on to tell the coast guard they were trying to get in the life raft, they never made it into that life raft, instead they were in their survival suits, three men, one woman but one of the men somehow hit his head while they were getting off of that boat. he died.

authorities are unclear whether he died from the blow to the head or hypothermia. they were in the water, megyn, for two hours, the water temperature out there in the gulf of alaska is 39 degrees. the amazing part of this is the other three did survive and are expected to be fine. the coast guard took off ten minutes after that phone call was made to rescue those fishermen in the gulf of alaska. riveting 911 call. if we get more of that, we'll play it for you. megyn: that does bring it home. trace gallagher, thank you trace. senate majority leader harry reid not the only lawmaker cashing in on wall street. the nevada democrat defending a fund-raiser that he hosted back in january, one that took in thousands of dollars from executives at goldman sachs. goldman sachs, of course now being de onized by the administration and sued by the sec, all that, you know, just as this lawsuit gets started. over the past two months, gop senator richard shelby

has far surpassed harry reid in terms of donations from the wall street folks. the "wall street journal" reports that he has received more than a quarter of a million dollars from wall street donors and he's not the only republican on the money train. so can we trust anybody in washington to actually crack down on wall street and do we want them to do that in the first place? mary ann marsh is democratic strategist, and jonah goldberg is editor at large for the national review. jonah, i look at this and say they all take the money, that's where the money is, wall street, so when i listen to anybody being santimonious, i roll my eyes. am i not alone? >> you're not alone. i consider the subject to of -- to be a pinata of hypocrisy, you can bash it any way and get rewards but the lion's share has to go on the democrats' share, they've been bashing republicans as the party of wall street for years, if not generations.

they are the party of wall street these days. obama and the democrats took in vastly more money, not just from goldman sachs, but from wall street in general over the last couple of election cycles, and this new sec filing thing stinks to high heaven and the wall street reform bill stinks to high heaven because basically what it's doing is it's going to create an incentive system forever for wall street to be gaming washington. i think the whole thing is a mess and i'm sure there are republicans to blame, too. megyn: jonah does state the numbers accurately. according to reports, 62 percent of the donations from wall street in connection with the 2010 elections has gone to democrats, just 37 percent to republicans. so i mean, there is hypocrisy on both sides, but how are we supposed to take harry reid seriously on cracking down on the financial industry when he's getting boat loads from wall street? >> actions speak louder than words and in politics perception is reality and the reality and perception is obama and the democrats are going after wall street

by supporting financial reform regulations. republicans are taking the money, but they oppose financial reform regulations and they're defending wall street. so most people are going to say the democrats, you know, are going after wall street and say the republicans -- and see the republicans as defending then. that's the big difference. the biggest mistake made by the republicans was when mitch mcconnell went to wall street recently, he had meetings with a bunch of hedge funds and others, walked out of there with $800,000 for the national republican senate campaign committee. he should raise money, that's fine, but then he turned around and said i'm going to fight to the death to defeat financial reform regulation and that's the thing that hurts. mig jonah, wouldn't the democrats be getting criticized more if they took the 60 percent of the donations as oppose the the republicans' 37 and came out and said we don't want to crack down on the wall street fat cats, their argument is we're to be applauded for not withstanding for the donations. >> that's the dishonesy.

there's a tendency in washington and journalism generally to say anything that means reform or has the word reform attached to it is somehow against the interest of big business. this financial reform, quote unquote, reform bill, is going to create essentially a too big to fail system that basically turns places like goldman sachs into the next fannie mae. a lot of these guys want this, they like to be in bed with big government, they like to socialize the risk out of their own -- off their own books, so the idea that somehow, simply just they're saying nasally things about wall street, that they're not actually doing things for wall street is nuts. chuck schumer is the best friend out there for wall street, has been doing them favors for a very long time now, and yet and again, we fall into the cycle where the democrats propose legislation and it becomes this theater as if somehow they're cracking down on wall street. i guarantee you goldman sachs and these other guess are going to give -- guys are going to give money to democrats as long as they're in power. mig this question about a crackdown on wall street is

a political sure meant to shore up the democrats' chances come 2010 because there's a belief it's much better for the democrats to run on we brought down the fat cats than it is we added to your government with health care and other things. so is there an argument to be made there, that this is all political? >> well, everything is political, megyn, you know that, but here's the reality, wall street took this country down, and now it's time for the democrats to take wall street and put them back in their place, and there was a lack of regulation, a lack of oversight, and there are a lot of loopholes that need to be closed. i don't know anyone on wall street, anybody, name me one person, who supports this financial reform regulation package. no one. so that's the difference here. the only thing better than not taking the money from wall street is to take the money and then turn against them, and voters get that. so i think that's the big perception difference here, and in fact, it's reality as well. megyn: well, it's an interesting debate. we're going to watch and see what happens. it's a tough position on both sides for different reasons. jonah, mary ann, always a pleasure, folks. megyn: new questions today

about a protest at the white house. we're trying to learn who exactly made the call. it sent reporters packing when they tried to cover this event. here the yelling? park is closed, laf ehet park, right across from the white house. we'll talk to a fox news reporter who was right there when it happened. plus, we're getting more on our top story. the voice behind the geico commercial, now in trouble for a nasty voice mail attacking a tea party group. and now we've got it cued up. hear for yourself. >> hey there, i'm doing a paper about freedom works and i was wondering if somebody could give me a call back, i'm wrapping up and i just have one more piece of information i need to get from you guys. just need to know what the percentage is of people that are mentally retarded who work for the organization, and are members of it. i just need to know the percentage of people that are mentally retarded who are working for freedom works and are following it. and oh, and one final thing, also, wondering what your

plans are, how to spin it when one of your members does actually kill somebody, wondering how you've got an actual p.r. spinning routine planned for that. or are you just going to take it when it happens. just curious. so give me a call when you get a chance. thanks so much.

megyn: this is unbelievable, caught on surveillance video , not a police chase but a runaway saw. get a load of this, folks, watch this. >> whoa! megyn: a work ner ohio was trying to cut into a street when the blade comes loose and slams into a home, leaving behind a giant gash. a neighbor saying they're very lucky it didn't turn out much worse. >> two more feet to the west, and it would have hit that gas meter on the side of their house and a couple more feet more, it would have went into my garage. megyn: after the saw goes

for a spin, the worker is seen looking around, trying to figure out who saw it, then he picks up the blade, reattaches it and leaves, shortly after. no one was living in the house that the blade rolled into and apparently the guy didn't see the need to actually tell the homeowner his blade had made the gash in the house. too bad for the surveillance tape. megyn: a protest breaks out in front of the white house and the press is told stay away. a small number of veterans, chaining themselves to the fence, protesting the don't ask don't tell policy when it comes to gays in the military. but when reporters tried to question them and cover the event, the police pushed them back, effectively refusing to let the press film the scene or speak to the protestors. our next guest was right smack dab in the middle of it all, he's mike makowitz, a fox news radio white house correspondent. you are the featured reporter in this tape as we watch it june followed, you

were there trying to do your job, who exactly was it who was telling you you couldn't? >> it was one of the u.s. park police who were telling us the park was closed, we were going to have to back up away from pennsylvania avenue, to a point where it would have been almost impossible to see them arrest these protestors. it was very unusual. you know, the police here in washington, d.c., they're very used to dealing with these kind of situations, they're very used to dealing with the media, and you know, occasionally, you find an officer with sharp elbows but for the most part, they handle the media and these situations very well. i'll not sure what put a burr under their saddle with this one but first they moved us off the sidewalk, then across the street, then the park police showed up and began pushing us back through the park, saying the park was closed, it appeared they were going to push us completely out of the park. and in the process, creating a situation that was really unnecessary. there were some folks now saying this undercuts the administration's claim that they are transparent, although we asked robert gibbs, the white house press

secretary, about that just a short time ago, and he said that that was completely a decision of the park police and had nothing to do with the white house. eventually, somebody called the supervisor somewhere and just before they began removing these protestors from the gate, they let us come up so we could get pictures and sound. megyn: there is a question by some as to whether this is some sort of orchestrated campaign to tamper down coverage of people who are upset with president obama's policy, in particular his policy that he has not yet revealed the don't ask don't tell policy, because earlier this week, he went out to california to campaign for democratic senator barbara boxer and he got heckled by some in of the audience who don't like that policy. let me just show our viewers that clip and i'm going to get back to you. >> we are going to do that. hey, hold on a second. hold on a second. we are going to do that. >> yes we can! yes we can! yes we can! >> i'm sorry, do you want to come up here?

you know -- all right. because can i just say once again, barbara and i are supportive of repealing don't ask don't tell, so i don't know why you're hollering. megyn: so the criticism of president obama was that he was a little snarky, he didn't like the protests. that's what some perceived as they watched that, then a couple days later, we see this happen the a the white house. you're telling me robert gibbs spoke to that today and said no, that the white house was not behind the park police's decision? >> and also the secret service, that that was squarely -- he placed that squarely on the shoulders of the u.s. park police, and it's no coincidence this protest was here at the white house. this was orchestrated by the same group that claims responsibility for heckling the president in l.a., called get equal, they're disappointed because they feel he hasn't delivered on promise also to the gay community, including don't ask don't tell. >> this is you dealing with the park police, trying to

do your job, getting told to move off of the public park. were you ever let back in once the voice of reason was called? >> eventually they let us back up but it was a little bit unnerving because at one point there was an officer writing down our names, they seem to be very agitated about it. we weren't quite sure why. for the most part, as far as i could tell, everybody was being very polite to the officers, we just wanted to let us -- they just wanted them to let us know why they wouldn't let us do our job. megyn: thank you, and all the best to you. >> take care, megyn. megyn: a development on a series of sinister boobie traps in southern california, these potentially deadly traps targeting police officers and now police think they know who was behind all of this and why. stay tuned.

megyn: potentially deadly boopie traps targeting police in a small california town. trace gallagher has more. what is this about? >> reporter: one of the biggest raids in recent memory, we're talking about 200 officers, local, state, federal converging on 35 different locations, this all happened, by the way, in hemet, california, about 100 miles east of los angeles. it's about 10 miles from palm springs. the d.a. believes of the 23 people who are arrested, 16 of them were actually white supremacists, the others might have been motorcycle gang members. see what we're looking at here? this is the first attack, it happened on new nears eve, someone rerouted a natural gas line, it went into a business bungalow, and experts said one spark could have blown the thing up. in between that time and now, they have put pipe

bombs on police vehicles, they have also burned city vehicles and a gun was once attached to a fence near a police station, triggered to go off when a police officer opened the gate, the bullet that came out of that gun, very nearly hit the officer in the head. we're still find of -- kind of unclear as to exactly how many of these 23 suspects are connected to these specific crimes. police are telling us that charges in this case could come any time now. when those charges come, we'll bring those to you. the case still being investigated, more raids, by the way, could be coming down in hemet any time, megyn. megyn: t.j. -- trace, thank you very much. new fall out on the war of words between media analyst bernie goldberg and combdy central's jon stewart. bernie joins us next hour to reveal the ugly byproduct of an honest clash of view points. and look what we uncovered. do an internet search for

goldman sachs and sec, meaning the securities and exchange commission, and you will get directed right to a website that raises money for the president. we now know who's behind that. plus, this was the scene in iraq, six years ago. celebrating on the streets after four americans were brutally killed. we'll show you after the break. their bodies, burned or dragged through the streets, and hung. the alleged mastermind of that attack, captured. now alleges he was assaulted and is in custody today, one of the three navy seals accused of mistreating him faces court marshal in baghdad. we've got the very latest. stay tuned. some lunch.

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suspect last year. this case has captured the attention of the nation. and you may not know this terrorist's name. but you surely know what he's accused of doing. he's the alleged mastermind behind one of the worst atrocities of the iraq around. through security contractors were hauled from their vehicle. they were brutally murder and mute late. their bodies were dragged through the streets and they were burned and hung from a bridge as people celebrated. one of the men who arrested him is on trial today. steve centanni has the details on the court-martial of the navy seal. >> reporter: he appeared and testified as a witness. he is not on trial today. we have the court-martial for

julio huertas. only one of the navy seals, is actually charged with assault. he's accused of punching the prisoner in the stomach and his trial is set for early next month in virginia. a witness says he saw mccabe assault the man. megyn: the defense witnesses raised questions about whether that testimony is to be believed. what kind of reaction are we getting to this trial which is so controversial for the obvious reasons. >> reporter: an angry reaction. they believe the navy seals should be commended for capturing abbad.

they say we are sending a terrible mess timing our troops that would put the treatment of terrorist prisoners above the safety of our own fighting men and women. megyn: it's an incredible image to think about this terrorist getting up on the witness stand talking about he i a victim because he was allegedly punched in the stomach. the guy responsible for catching him, the guy accused of murdering four american contracts, burning and hang them. the navy seal fighting for his own future listening to him talking about his own victimization. >> the attorneys wanted their clients to have the opportunity

to confront him in court. he says he was hit in the shoulders and back and punched in the stomach when he was down. he says he can't be sure who assaulted him because he was wearing a blindfold at the time. megyn: what a case. many people thought this would never see a trial, a court-martial, but here we go. steve, thank you. the pentagon is giving senators a resounding no when it comes to access to the military personnel file of major nadal hasan. the defense department says releasing those documents could jeopardize its prosecution of hasan. a senate panel subpoenaed the file. want to go see if the military had evidence that hasan may have posed a threat to his fellow soldiers before the massacre

because of his extremist views. right now they are being told no access for you. the clock is ticking quickly ins arizona where the governor is on the verge of signing what may become the toughest immigration law in the country. she has until the end of the day saturday to veto it or do nothing at all. the bill required local police to ask people if they are in the country illegally and that is raising some major concerns among many latinos. >> i think people would just as soon go to california or texas as opposed to come to a state that many people are saying what in the world is going on there. it is -- we are becoming very quickly unfortunately the laughing stock of not only our nation but internationally. meg were a new rasmussen poll find 70% of arizona residents say police should be able to stop and verify the immigration

status of anyone they suspect of being an illegal immigrant. william lajeunesse is in phoenix in arizona. the law only requires the police to stop an inquire if they have a reasonable suspicion somebody is an illegal immigrant. they have to have that suspicion. what are people saying are the pros and cons of this thing? >> reporter: that same poll that just came out said 53% of the state is concerned how the law will be enforced. arizona is 25% hispanic' in a place like this they are concerned it will give the cops the license to racially profile even though the law says they must have more than just skin color as a probable cause to ask for the i.d. secondly they fear it will break up families, mothers, fathers, illegals, and they say they can't afford incarceration costs. they fear that victims won't

call the cops because they fear they will be targeted. supporters say this is a good thing because it prohibits cities from becoming sanctuary cities. it requires the cops to ask based on more than skin color if you are inhere illegally, you have to prove some i.d. if not you will be arrested, jailed and deported. and you have citizen lawsuits. if they don't believe that a police department is being aggressive enough you can sue the city and recover for $1,000 to $5,000 for infraction. and it makes it a crime to live and work here as an illegal immigrant. >> an illegal alien will get an opportunity to commit another crime. it was a political agenda that drove law enforcement. we need to get back to the rule of law. >> reporter: the unions, rank and file officers from phoenix across the state support the

bill. megyn: thank you, william. a search is underway for a couple who ditched a missing 3-year-old boy in midtown manhattan. he was found inside a st. patrick's cathedral last night. a note in his pocket gave his name and the name of a detective in florida looking for him. he was reported missing in florida monday after his mother was arrested on counterfeiting charges. the little boy is in the industry of child services. his mother says she wants her son back. >> i want my son safe. and people make mistakes, it doesn't mean they are a mistake. megyn: authorities are taking a closer look at secure camera footage to see the man and woman seen with him before he first disappeared. starting monday one group in

washington will kick to what could be the toughest job in the country, figuring out how to slash $13 trillion in federal debt. that's the tab for the president's debt commission. wendell goler is at the white house. what is the president going to tell the commission? what do we expect to happen here? >> reporter: the big issue is whether the debt commission will recommend tax increases. the president says he is not in favor of tax hikes. he has promised not to raise taxes on families making less than $250,000 a year. an doesn't want the debt commission's hands tied as it looks for ways to come up with a way to deal with the country's national debt. the official charge for the commission is to find a way to reduce the budget deficit. it is nearly 10% of gdp right

now. usually commissions are created to suggest things that are politically difficult for the white house and congress to come up with on their own. press secretary robert gibbs said it a different way. >> some of the reason we are in the fiscal trouble we are in now is you are not going to -- you are not going to make tough decisions as the president has had to in terms of freezing nonsecurity spending over the course of the next three years without getting bipartisan support. >> reporter: the debt commission's recommendations won't be made public until december so the white house, democrats and republicans don't have to sign on to them before the fall mid-term elections. megyn: a hotel in las vegas really going to shock you. speaking of spending, you know,

sometimes the prompter and i don't get along. would you part with $100 for a chance to throw yourself off the top of a building? kid you not. one group hopes this will turn into a money maker. alan colmes joins me with mistake on how the white house is looking to profit from federal fraud charges against goldman sachs. bernie goldberg in a war of word with the daily show * jon stewart. >> you can't criticize me for not being fair and balance. that's your slogan, which by the way you never follow. daily intake for all vitamins and minerals through diet alone. that's why there's... it helps provide key nutrients your body could be missing.

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megyn: new questions about the feds crackdown on goldman sachs and an interesting weblink online. if you type in "gold man saks and "sec" you will get a link that says "help change wall street." that lead you to a web site that raises money for president obama. white house's political arm paid to have those search terms direct you to this fundraising effort. keep in mind president obama

received $1 million from goldman sachs during this 2008 campaign. alan colmes is host of the alan colmes show on fox news radio. the criticism is, you come out and say, goldman sachs, they are the devil. we have the sec cracking down, then you have an afeel people saying please donate to my coffers. >> oh obama and only democrats took this money and now they are going to crack down on the people they took money from and that's bad. as if wouldn't it be the other way around? if they took the money and didn't crack down on them then it's pay for play. megyn: the problem piece are raising is we saw at sec file this lawsuit against goldman sachs alleging fraud. some came out and said the timing was political. they could have brought it any

time, and they did it now to provide support for the mid-term elections. and sure enough right after we see that allegation we see the white house trying to raise money off the sec charges. >> you are an attorney. defense attorney. have you ever -- is there any proof there is collusion between the white house and sec? anything that proves that? so obviously the sec is running independently unless you can prove otherwise. megyn: just don't you don't have a document proving it doesn't might's not so. >> show me where there is a link. megyn: you are the political being. when i read the political pundits, if you say these two things front connected, the timing of it, then you are naive, that's what they say. >> you can speculate all you

want. i don't think the people on main street are all that concerned. they are going after wall street who they don't trust anyway because of the implosion of the economy at the end of the bush administration. i don't think the american people are saying this is a terrible thing. the republicans are fighting against regulating the companies. megyn: here is the allegation. it speaks to how political the president is and how -- how we are not -- we shouldn't be taking his claims of -- you can trust me to crack down on wall street. because wait many really about is keeping democratic control of the house and senate come november. >> i believe would like to keep control. this is a political fight that goes on regardless of who's in power. let them pay for the link. i don't believe obama was involved. >> do you think barack obama is

going, let me do search optimization in my spare time. most people realize there is a political arm to everybody in office. i don't think it's a bad time. megyn: if a judge deciding this case thinks it is political, it's going to hurt the prosecution of the case. it's going to hurt the sec. >> i would think a judge would need some proof there is something going on. megyn: courts of law deal with circumstantial evidence. when you have the sec lawsuit against goldman sachs and right after that the president's fundraising arm comes out and buys a sponsored link so you are direct to a fundraising arm for the president, it smells political. >> the biggest argument the republicans have against where he form is there is a sponsored

link on google, that's their best argument? they have got nothing. megyn: you think the se correct went after goldman because it many the right thing to do? >> it's a regulatory body doing its job. it did what it's supposed to do, but there might be a link to the white house. megyn: the former sec chairman came out with an interesting piece. he is suggesting this thing stinks. he says it was -- they are trying to protect parties who are sophisticated. then he said this was apparently filed without giving goldman advance notice. also without exploring possible settlement. and he says the sec split along political lines. >> the bigger issue is you make the case to the american people. republicans are saying i don't

want to fight that hard to reform wall street. suddenly turning against reform versus democrats in the white house. that's the argument main street will hear and i guess they will decide whether they want a party that's going reform the system or one that many happen why it way things have been. >> you raise a good point. if they had taken 62% of the donations from goldman sachs and not investigated them -- >> you are making my case. megyn: alan colmes, thank you so much. one is a pundit, the other is a comedian. wait until you see what bernie goldberg has to say about jon stewart and stewart's reply heavily edited. we have bernie live. we are following reports that the voice of the geico commercials was fired after attacking the tea party. the angry voicemail he left for the group and what he is saying now. just ahead.

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megyn: there are meant which of ways to gamble -- there are plenty of ways to gamble in vegas. but one is called sky jump. 108 stories up, and 855 feet straight down. thrill seekers are lining up to take the plunge. the cost? $99. it's more if you want a video of the experience. are you ready to take the plunge? would you do it?

kelly@foxnews.com. not me. his voice made him famous, now it many gotten him fired. would you really take that? happy birthday to john who is a thrill seeker. this guy lance baxter, he's the man who does the 15 minutes can save you 50% on geico car insurance. or i should say he used to. baxter says geico fired him after he left a harsh voicemail message for the freedom group. he said what percentage of people working for you are mentally retarded? >> reporter: i got a call saying did you hear what happened to the geico gecko? it's not the gecko. the gecko is innocent. his name is lance baxter, he's also known as d.c. douglas.

he left a voicemail for freedom works which is a tea party group. we'll play you the 50-second video. listen to the tone of his voice. >> i'm doing a paper about freedom works and i was wondering if somebody could give me a call back. i'm wrapping up and i just have one more piece of information i need to get from you guys. i need to know what the percentage is of people mentally retarded who work for the organization. and are members of it. i just need the percentage of people who are mentally retarded who are work for freedom works or following it. and one final thing. wondering what your plans are how to spin it when one of your members does actually kill somebody. wondering how if you have got an actual p.r. spinning routine planned for that or are you just going to take it when it happens. just curious. give me a call when you get a chance. thanks so much. >> reporter: not only was the

voicemail posted on big government.com, but the president of freedom works posted douglas' personal phone number. he said call him at home and call geico and let them know you are not mentally retarded. here is the response on his web site. he says, my choice of words and leaving my number were all mistakes and i accept responsibility for that. but what happened next was way beyond an appropriate response. it was downright sleezy, unethical and most likely illegal. the guy who left the voice message saying this was sleezy on the part of those who posted his message online. megyn: now geico is holding auditions for replacements for mr. baxter. >> reporter: but not the gecko. megyn: 15 minutes. >> reporter: will save you 15%

or more. megyn: that's not going to do it. stick with your day job. thanks, trace. a real disappearing act involving david copperfield. a sexual assault case vanishing into thin air. the late from the alleged victim has also disappeared. "kelly's court" takes up the case. bernie goldberg versus jon stewart. bernie tells us the fallout from all this. >> i'm not fair. i'm not balanced. you are criticizing me for not living up to your tag line. [ crowd cheering ]

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megyn: here is a quick look at stories we are watching. president obama says there will not be a litmus test on abortion as he picks his next supreme court novel knee. he met with senate leaders from both parties to discuss the selection process. the pentagon ruling out a military strike against iran's nuclear program for now. the under secretary of defense. a religious liberty group complained about franklin graham's description of islam as evil. imagine your dream comes true. you open your own business after years of working those fingers to the bone. then the government tells you it wants to mark it all down. demolish your dwreem and take the land it stands on, even

though it's your land. eric? >> reporter: would you want the government to come and take your house? would you want them to take your land? would you want them to take your business? the government says you will get fairly compensated but you can't do anything about it. this is the latest case of eminent domain. the city wants this land to be used by a hotel developer to build a hotel and conference center. but problem is some of the property owners don't want to sell. the owner of this has been fighting this eminent domain case. she receives it's eminent domain abuse and it's not fair. another owner actually cried, he was brought to tears. he wants to build an ice cream stand there. he can't believe his land could be taken. >> these people want to come in and steal it from you.

>> that's how you feel. they are trying to steal it. >> yes. >> even if they give you money for it? >> i told them it's not for sale. somebody puts their heart and soul into it and someone comes and says i want that. gift to me. that's it? it's not right. >> reporter: it is legal under a supreme court ruling back in 2005, communities can use eminent domain if the result is for the public good. authorities here in auburn, the city officials say the property owners will be fairly come pen stated. they only want to use eminent domain as a last resort. f they say if they don't agree to sell, it's the only way it will be used. >> reporter: do you think it's fair to take private property for this type of use? >> life isn't fair. i wouldn't say whether it's fair or not. but when you try to balance it

out between an individual and the entire community you have to put that into the formula. >> reporter: there will be a hearing may 5 to determine if they will use eminent domain. two of the four property owners have agreed. at that hearing they will decide whether to use the power of eminent domain to transfer one person's property to someone else that it prefers. if you have a private property issue, this is the beginning of a new series called our land, it's our land, email us. the address is web your land at foxnews.com. . it it's your land because it is. fell * you can catch more "it's your land going series on our home page.

you can learn more about whether this could happen to you or your neighbors. the war of word between fox news media analyst bernie goldberg and jon stewart. >> you are not nearly as edgy as you think you are. you are just a safe jay leno with a much smaller audience. but you get to say the "f" bomb. you know less about comedy than you do about media and politics. i guess what imsaying is this. as long as fair is balanced is how you sell yourselves [bleep] guess what i'm saying is this. [bleep] yourself [bleep]

yourself. megyn: bernie goldberg is the author of "a slobbering love affair." it's back and forth again. it's kind of funny ben't it? is it funny at all to you? >> he's throwing spit balls at a battleship. but that aside, i had no problem with what he did last night. no problem at all. none. clearly monday night when i was on o'reilly and i took him to task for his phoniness. clearly i got to him by saying he wants as edgy as he thought. he was a safe jay leno with a smaller audience and his audience is incredibly

unsophisticated. i'm flattered. he devoted half of his show last night to me. i'm flattered by that. i have been on jon stewart's show twice an was civil to me both times. he's a smart guy. i don't have a problem with any of that. two things that i find interesting. one, this story on the web is getting more play than if some expert came on a tv show and talked about nuclear weapons in iran or the federal budget deficit. megyn: that many the power you have. >> i would like to think so. but i think it many because i live in the united states of entertainment. this is kind of serious. i have this web site you mentioned bernardgoldberg.com. some people agree, some disagree, some things are funny, some things are smart.

but it's all civil until last night when john stewart's most loyal fans, not all of his fans, not most his fans, but a core audience of his most loyal fans wrote the most vulgar, hateful, vile things on the web site. i'm think can this is pathetic. i always thought the web, whatever else it is, it's a kind of sewer. and the sewer rats -- yes, i'm talking to jon stewart temperatures most faithful. the sewer rats came out with their crazy hateful comments. megyn: you are always going to have the wing nuts. some people like stewart who are wing nuts that will write you the nasty stuff. then you will have people on the other side write him the nasty stuff. at the end of the day does the backs and forth only wind up helping both of you? >> let me just answer the first

part or try to address the first part. do you think the people watching your show right now who might agree with me -- do you think they are going to go to jon stewart's web site and tell him to go "f" himself? i don't think so. i don't think they will. but this loyal fans did that to me. if this is going to help anybody, it will help jon stewart more than it will help me. i don't need any help. i'm on with you and i'm on with bill and he's on with a relatively small audience. if he can get some attention by this debate, do it. i don't have any interest in pursuing this. if he does, that's up to him. i'm cool with it meg -- megyn: , everybody knows who he is. he's very popular. the whole country knows who he is. he maintains and talks about last night that he is a comedian

and he has no obligation to be fair and balanced an never made promises about going fair, and he's not a journalist and he likes to make fun. news people which is what he does. do you think this audience understands that that he's make month attempt to be fair? that he's a comedian? >> that's a great observation. jon stewart criticized me by name because he said i made generalizations about liberals. but he says when he ignored generalizations with people he agrees with, he ignores their generalizations which paint conservative and republicans and fox news people as nazis and whatever else, he says, well, i never said i was fair. well, come on, jon, man up. man the hell up. you can't criticize us at fox

for generalizing about liberals then you do the same thing or ignore it when it happens and then say i'm not a newsman. i'm not buying that. i'm not buying that for a second. megyn: he made fun of me, too. my brother always said i love jon stewart except when he's making fun of you. >> i'm not complaining he's making fun of me. i'm saying you can't criticize me for generalizing then ignore it when it's his friend. megyn: he's make you a huge star. >> spit balls at a battleship. megyn: speaking of battleships. studio b's shepard smith is taking over in 20 minutes. >> very funny stuff. in the next hour we are going to talk about dnc and rnc spending.

there is some big battles coming up and where is the money going? there has been some controversy. we'll get into that. did you hear about the guy who had a rope wrapped around his finger -- he will be here. and we'll have jon stewart on to complain. megyn: we'll look forward to that. shaks, shepard. i have been having a war with the teleprompter. we had some wrong copy in there on the franklin graham report. we called billy graham the late billy graham. he's alive and well. it's one of those days. our apologies for that. just aheated world's most fame d just ahead, the world's most famous magician accused of assaulting a woman.

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megyn: "kelly's court" is back in session. on the docket today, a disappearing act for a woman who says she was sexually assaulted. 23-year-old lacey carroll dropping her lawsuit against the world's most famous magician saying he subjected her to intense scrutiny. copperfield pulled carroll out of a show in 2007, she says he then invited her to his private island in the bahamas, and that's where she claims he sexually assaulted her and threatened to kill her. what are we to think now? jonna spilbor and lirks s wieh

lrgs. here we go. they were looking into this criminally, then she filed a civil lawsuit. now both have disappeared. does it mean he did not sexually assault this woman? no, copperfield's legal team pulled a rabbit out of the hat and made it disappear. subpoenaing her and requests for information not just from her, but her friend and family. by the way, the criminal charge did not go through. i used to work in that u.s. attorney's office. it did not go through because of jurisdictional reasons, not necessarily because nothing happened. megyn: is that possible in the alleged victim says it's not that this didn't happen, it was that it couldn't deal with the

pressure that david copperfield was able to put on me. >> i viewed this case where you have a woman want to go make a career claiming she has had sex with celebrities. who need college, 401k, i'll make this allegation against david copperfield. in another case she made a similar accusation, she has been criminally charged with filing a false police report. so if she is going to lie in one case -- megyn: that doesn't help her case. >> you know everybody is innocent until proven guilty. and what's to say that case happened after this. what's to say the copperfield thing didn't happen and it made her whacko. >> you know when a case like this one comes down, he said, she said, there is no

independent witnesses, the credibility of the alleged victim is key. if the police say she made up a false report about a sexual encounter, that's not going to help. >> let a jury decide or a judge decide. let the evidence come out. i'm not saying she would have prevailed. i don't know she would have. credibility is a huge issue. but let the complaint go through and let her have her day in court. megyn: his name has been dragged through the mud. this woman is walk away from the lawsuit. does he go after her? >> he could. because i think the stigma always stays. he did what a lot of celebrities won't do. he said i'm not going to. there has been no settlement here. she withdrew her claim because she quote-unquote couldn't take all the scrutiny. if this were a legitimate lawsuit, stand there and fight. megyn: he came out and said i

didn't pay her one dime. >> not quite. his lawyer said that. not copperfield. and by the way, her attorneys are equally as reputable in the seattle area. they wouldn't have brought a frivolous lawsuit. megyn: she went down to the bahamas with him after not knowing him very well and claims she was on the island with him several days. she could have complained to anyone. she didn't complain to anybody be only when she got back to land did she claim she had been raped. thank you so much. one final word for our lures. this woman's case was sketchy from the start. the fact that she has voluntary dropped it as have the prosecutors in the criminal probe says a lot. but it doesn't resolve his guilt or innocence.

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megyn: americans showing detroit automaker some love for a change. a new poll shows more americans now consider u.s. made cars superior to asian models. the shift ohing in part to -- owing in part to troubles with toyota. brian wilson live in washington on this one. how are opinions changing? >> reporter: americans now believe by a modest margin that american car companies make better quality cars than do the asian companies. % of those polls said american car companied made the best

cars. you have to compare that with numbers from a similar poll in 2006. it's a shocking change. back then 29% of those believed american car companies made the best cars and 46% believed asian car companies made the better cars. that's quite a turn around *. we have a non-scientific pole on foxnews.com if you want to weigh in on what you think. megyn: who are the big wirns and losers. >> reporter: not surprisingly toyota is the big loser. 8 million cars recalled. that's caused toyota to take a 10-point hit. ford's reputation has surged the most. 18% said ford was the maker of the best car. ben roethlisberger may not be facing charges for the alleged sexual assault of two women but

he may be paying a price. captioning made possible by fox news network

>> megyn: 250 people signing a petition in new zealand to protect students from watching al gore's inconvenient truth claiming its indoctrination of children. parents became concerned in 2007 and said teachers were not pointing out any inaccuracies with the movie and not explaining there happened to be alternative views on it. thanks for watching, i appreciate the emails we're getting at kelly@foxnews.com. we read them all. and follow me on twitter@megyn kelly and we can tweet. i have figured out how to do it. major progress. "studio b" with shepard smith starts right now. >> the news begins anew on "studio b" and there's breaking news. the national football league suspended the p