we'll catch you tomorrow, everybody, ""ingieo "happening now" starts right now. uma: have a great day. jon: good monday morning to you, i'm jon soth. jane: i'm jane skinner, bp will pay for the cleanup cost for the oil spill in the gulf. who is to blame for the accident that caused this developing disaster? the first place? jon: in the middle box, mahmoud ahmadinejad locked in a nuclear showdown with the u.s. and other world powers and right now he's gearing up to speaat the united nations, you will a-- he will address the topic of nukes. jane: an unprecedented rain event, killer thunderstorms giving way to major fears of flooding. in tennessee, the cumberland river is about to crest. take look at our newsroom, it's coming in there, from across the country, around the world. you know we'll bring all the details to you as soon as we get them. jon: first into the investigation into the

attempted times square car bombing, police questioning the owner of the suv used in that failed attack, this as surveillance video now released shows the tens moments after street vendors alerted police to the suspicious parked vehicle. moments later that car began smoking and making poppingnizes, that's when officer wayne ratigan stepped in, ordering passengers to move away from the vehicle. officer ratigan says his nypd training kicked in instantly. >> everything happened so fast, there's not time to be scared. it's just like time to get the people out of here, time to start a parameter, everybody back, and you know, things start going from there and you don't -- training kick necessary, everything we've been taught over years of, you know, all these training sessions we go to, it just kicks in and it's just second nature. jon: the nation's attorney general, eric holder, says federal investigators are making substantial progress in their investigation. >> we have good leads and the investigative work i think has begun.

you have seen released a video who shows a person who may be involved in the incident, and he is certainly somebody that we are looking for and want to speak with, but we are following a number of other leads as well. jon: david lee miller is live in times square now with the latest on the hunt for whoever is responsible. what's the latest on surveillance cameras, david? >> reporter: jon, we just got word from the new york city police department that later today, they could release additional taivment already they have released this recording made a in a nearby alley, it shows a man half a block away from where the newsan suv was located as it was billowing smoke, the man appears to take off a dark-colored shirt and has a red shirt underneither, he then proceeds north and leaves the area. the mayor of new york says it's not clear if this individual is connected with what happened but authorities want to learn more about his identity.

his behavior has certainly raised eyebrows. furthermore there are other videotapes that authorities are looking at, other recordings, they have hundreds and hundreds of hours they say of recordings made by 80 cameras, so this is going to be a deliberative, slow process. it is possible that later today we could see a couple of reportings that have been made, especially if the images can be computer-enhanced. jon: what about the evidence linked to the car itself, what do you know about that? >> reporter: the car is a treasure trove for investigators. let's start with the explosive device, the incendiary device in the vehicle. the authorities have in their possession the propane tanks, they have the gasoline, they have the fertilizer-like component and apparently the bags from the store where this fertilizer was purchased, all of this extremely helpful in trying to track down information about who owned the car and who was responsible for placing it at this location and putting this indcent area device in it and then of course there's all the forensic

information that authorities have been trying to pursue. there are conflicting reports about fingerprints, but that's one of the things they are trying to follow up, they're looking to hair fibers, anything in that vehicle that could in some way provide physical evidence to help identify the perpetrators of this act. remember, jon, it was their expectation this evidence was going to be blown up, now it's in a police lab and authorities are going through it with the proverbial fine-toothed comb jane: want to get to a deadly attack in eastern afghanistan, targeting the very same cia base where eight people were killed by an apparent double agent, one person was killed this time around, two security guards were hurt in this car bombing, the taliban has claimed responsibility, the bombing at the same base of five months ago. that is considered one of the worst in history of the cia. jon: across the border in prk, intelligence sources report four alleged militants killed in a suspected u.s. missile strike, the strike taking place near the afghan border

in north washingtoner stoon, an -- waziristan, an al-qaeda strong hold for forces in afghanistan. news of this strike comes as recent video suggests that a january missile strike did not kill a pakistani taliban chief as previously thought. jane: the united states and iran, we're waiting for at this hour to see them go head to head at the united nations, the iranian president, mahmoud ahmadinejad is scheduled to speak just before the top of the hour at the new york headquarters of the u.n. there on the east side of manhattan. on the nuclear nonproliferation treaty, he is expected to accuse the united states and its allies of using the treaty to deny nuclear technology to developing nations. let's get to eric shawn, there for us. what more do we know? >> reporter: jane, he remains defiant, mahmoud ahmadinejad is in the general assembly, sitting behind the delegation of his nation of iran. he's already been mentioned by name several times from the podium. we expect him, as you say,

to speak within the next 45 minutes. the news agency says he's expected to say that iran will not give up, quote, even a portion of its nuclear rights, and he says that the iranian nation is empowered by what he calls the global arrogance, that means the u.s. and israel. he's expected to attack the united states and the western efforts to reign in nuclear program that iran says is for peaceful purposes, but so many others believe is intent on building a nuclear bomb. you're looking live, secretary general ban ki-moon is speaking before the chamber, he has urged iran to obey the security council resolutions that it continues to defy, jane. jane: eric, we expect to see ahmadinejad before the top of the hour and secretary of state hillary clinton in a few hours. what is her response on behalf of the administration like to -- likely to snb. >> she will likely respond to whatever ahmadinejad says. she has also said there are clear indications that iran

is violating the nuclear nonproliferation treaty. they will try to reign back what he tries to advance in terms of its nuclear program. she'll also boast about the obama administration disarmament efforts, its nonproliferation policy -- policies. the president signed a treaty last september. she is expected to address this conference later this afternoon. jane: before i let you go, what is the reception supposed to be like for ahmadinejad there? i understand he's in the building now? >> yeah, he's inside, sitting as i said at the delegation seat. he has been completed -- greeted very warmly in the past and in fact, as i said, he's been mentioned by name because he's the only head of state in the general assembly right now, that makes him the highest ranking figure to attend this conference. others, though, wondering why should he get this type of welcome. there will be a photo opportunity with secretary general ban ki-moon later this afternoon and some are saying that perhaps the secretary general shouldn't shake his hand or even allow cameras into that session to give ahmadinejad the

credibility and the attention. i have asked the secretary general that in the past and he has responded that since iran is a member of the united nations, that he must accord respect and dignity to all heads of state of the member states here at the united nations. so likely, we'll see that photo op and smiling hand shake between ahmadinejad and the secretary general later on this afternoon. jane: okay, and we will look for ahmadinejad as he begins a short time from now. thanks eric. jon: a desperate race underway right now in the gulf of mexico to cut off the flow of oil, pouring from that deep water well on the seafloor. crews deployed miles of booms to try to keep the oil from reaching the gulf coast. there has been some success in using chemical dispersants but it could be a week or even months before that flowing gusher of oil gets capped. take a look at the size of the slick right now. members of the obama

administration plan to meet today with bp executives to work out a process for reimbursement. our trace gallagher is live in venice, louisiana now with an update on what's happening. trace. >> reporter: it's amazing jon because you look at the weather and the weather is terrible but this is honored a good day. we've had a steady rain all day long and visibility is not very good but if you look at the water flow, it's flat and that's the key. the wind has really died down and that's giving crews, we have seen a steady flow of boats in and out, that's giving crews a chance to go out there and use some of these booms to try and surround the oil. the wind that is dying down is also not pushing the oil toward the shore as fast. now, make no mistake, the oil will make shore. it's just a matter of when. one of the big concerns that fishermen have are the marshes over here. you see this marshland, on the other side of the marsh, that's the gull. what they're worried about now is if the oil makes its

way into the marshes, it will get trapped and you've got all that wildlife in there, and they won't be able to clean this stuff out, so now the fishermen who cannot fish because commercial fishing in the gulf has been shut down, they're going out, they're working with bp, using cotton booms to try and protect the marshland on the outside of these areas. one more line of defense. and if the weather clears later on today, jon, we'll get some flames up in the air and we're going to get -- planes up in the air and we'll get a better look at exactly what this oil slick looks like. it's hemmaging at the source, 510,000 barrels, 210,000 gallons a day. that's an estimate but analysts think it's a good one. jon: what about the wellhead itself, are they trying to attack it at the source? >> they're trying to attack it, they've got the robotic submarines trying to blow out the valves to ease the pressure and slow the flow.

they're using the dispersants and they've got the pipe down at 5000 feet and attacking it as the oil comes out. the dispersants, the hope is you use it to break up the oil, and then hopefully the oil is small enough that natural bacteria can eat it away and that it never makes its way to the surface. that's the theory, and so far they're saying it's working pretty well. one of the key things they're hoping on, and here's my show and tell, they're building right now a cement and metal dome. it's 76,000 tons, and what they'll do is it looks very much like a big coffee cup. they're going to set it down, 5000 feet below the surface on top of that well, and thean they'll use something very much like a straw, stick it in there and siphon all of that oil out there. but that's going to take five or six days to get into place. that's the best hope of shutting off this oil until bp can actually get in there and drill a separate well some 2 1/2, three-months from now, that can relieve some of the pressure. it's a very long, long race,

but if they can at least stem the flow with this dome, that will go a long way toward easing what is hemorrhaging now into the gulf of mexico. jon: a huge mess in the meantime, trace gallagher, thank you. also check out our website on this story. we are adding images by the minute of a cataclasmic disaster in the gulf, from animal rescue efforts underway to frantic efforts to try to contain the spill itself. go to foxnews.com, we've got those pictures and breaking news there for you 24/7. jane tens of thousands turning out for rallies across the country over that new immigration law in the state of arizona. second weekend in a row that we've seen massive crowds take over the streets on this issue. where does this debate go from here? and have you seen this videotape? talk about a terrifying moment at a race track. whoa! a car, hurd ling out of control, right into the crowds, an update, coming your way.

jon: "happening now" in the

top box, a court in india convicts a lone attacker in this rampage, 166 people were killed during the three-day seige before thanksgiving 2008. in the middle box a deadly police shooting in detroit, one officer killed, four others wounded after they responded to a 911 call from a vacant house and were met with gunfire, the suspect also wounded. he is in custody. bottom box, the water is back on in boston after crews worked to repair a pipe that burst over the weekend but it could be another day or two before it's drinkable. jane: have you seen these pictures from the rallies across the country this may day weekend, galvanized by the tough new illegal immigration law in arizona, look at this, the largest one in l.a., more than 60,000 people turned out, it was peaceful in santa cruise. on saturday night the protests, however, unraveled into a riot, police in the crowd, possibly anarkists, they smashed -- anarchists, they smashed windows and

storefronts. janet napolitano said border security has greatly improved but there still is more that can be done. let's get to james rosen on this for us in cks. -- in d.c. james, we've seen the protests with one congressman getting arrested across the street from the white house. where is this issue headed? >> reporter: probably straight good the -- into the buzz saw of mid-term politics. whether all of this revived passion on this issue, jane, from all sides results in any federal laws is a very different question. hispanics were clamoring for a new attempt at immigration reform by congress when arizona january jan brewer on april 23rd signed that new state law that makes it a crime to lack immigration papers in the state of arizona, and also empowers police there to detain anyone suspected of being in the country illegally. obama administration officials say they're studying whether to mount their own legal challenge to the arizona law on constitutional grounds, and they also say the law was unnecessary because

enforcement along the mexican-arizona border has been dramatically beefed up in recent months. >> a few years ago you had 10,000 border patrol, now you have 20,000, a few years ago you didn't have any fence, now you have almost 700 miles. a few years ago, there was virtually no technology being employed on the border, now, you have all kinds of radar and other systems. >> reporter: then secretary napolitano added what is the new administration line on this that you're hearing from all the various officials, ultimately, immigration reform is going to have to be taken up by the u.s. congress, jane. jane: james, what is the situation here? because some are saying they're seeing a mixed signal from the administration on whether we will see comprehensive reform on immigration. >> reporter: yeah, and the sender in chief of those signals has been the president himself. wednesday while flying aboard air force one president obama told reporters that, quote, there may not be an appetite in congress immediately to dive into another controversial issue and he added he didn't want to do something for the

sake of politics that doesn't solve the problem. those remarks came one day before senate democrats, their hand forced by a timed leak to the associated press unveiled the blueprint for immigration reform, "the washington post" in an editorial this weekend lamented what it called the fatal flinch on immigration reform and, quote, the whole episode is a reminder of what works and what doesn't about obama's management style, end quote. jane: james is in d.c., james, thank you. >> thank you. jon: one of the most frightening race car accidents you will ever see taking place in brisden, australia, all on tape, the car was spent rolling across the track and over a safety barrier into the crowd. speculators, run for their lives as the car hurdles toward them. two men were hit, amazingly, both of them escaped with nonlife-threatening injuries. and the 22-year-old driver? he walked away from this crash unharmed. jane: wow. well, a navy seal is set to stand trial for mistreating a suspected terrorist.

two of matthew mccabe's fellow seals have been cleared of all charges. what can we expect from today's court marshal's proceedings? a merger that would make the largest airline in the world, united and continental. is this good for you as a traveler? what does it mean for your ticket prices? jon wants to know if he still gets free pretzels. the answers, coming up.

jon: big breaking business news, united airlines plans to merge with continental airlines in a deal valued at more than $3 billion, this merger would create the world's largest airline with major hub necessary key domestic markets and international service stretching around the globe. fox business network's liz mcdonald is here. so it's going to be called united, right? >> that's right. jon: what are the other

ramifications? >> there's talk that maybe the antitrust department and justice department may take a hard look at this because there's blockbuster airline mergers under the bush administration and the fear is prices could rise if they had too much concentration in certain cities. jon: i was thinking about the fact that if a major airline, if it goes on strike, all of the sudden, you've got massive problems. >> you would have massive problems, jon. that's right. we're already seeing airlines' fees go up for things like blankets and the like, so there may be some routes that could get dropped. there's a hard look being taken at united's flight from chicago into new york, chicago into houston and d.c. into cleveland. so those routes may be dropped, or they may be forced to drop the routes. jon: it's not a done deal. >> no, it's not a done deal. there's a question whether it could get blocked. we haven't asked the antitrust department, wall street is taking a close look at it.

it could go through, though. jon: thank you. >> delighted. jane: a navy seal is facing court marshal, matthew mccabe accused of punching a terrorist in iraq, two others charged with not protecting in detainee were acquitted. the trial could last three days. the man accused of being hit is suspected of plotting the murder of four contractors in fallujah back in 2004. you may remember the story, the mens' body were -- bodies were burn and mutilated. it was considered one of the worst atrocities of the war. police want to know if the man seen on this videotape released has anything to do with a weekend bombing attempt in times square, you see him there putting a bag down and changing his shirt. this comes this morning as investigators say they have talked to the owner of the suv that had the explosives inside. we're going to talk with the terrorism analyst neil livingston about this terrorism investigation and where it goes from here. also, we're just

learning at this moment, this just coming into our newsroom, the coast guard admiral, thad allen, in charge of the cleanup spill in the gulf or i should say in charge of the efforts down there, he will say it will take now three-months at least to effectively stop the flow of oil that is rushing through that well and is leaking oil into the gulf. he says this three-month window is the best case scenario. more details on what he has just said, coming up.

jon: this just into fox news room, the new york police department is now speaking to the registered owner of the suv used in that times square bombing attempt. as police look to speak with a man seen near the vehicle, shortly before a homemade bottom inside the car began smoking and making popping noises. it ultimately did not go off. the guy in the video, seen here, is described as a white male, in his 40s, he's seen stopping to take off a sweatshirt, and he's looking back in the direction of the suv. so where does this investigation stand right now? let's bring in terrorism analyst neil livingston, chairman and chief executive of executive action. that's a security consulting firm with new york city's subway and tunnel security. neil, first of all, the car itself is going to have an awful lot of answers. that's why they've worked so hard to find this owner, even though the vin number on the car was apparently ab secured, at least the panel

on the -- obscured, at least the panel on the dash. >> there's all kinds of evidence here. we have the car, we have all the components of the incendiary device, we have perhaps fibers and hairs and things like that that are in the vehicle. but what they're really doing right now is that they're processing, starting with the vehicle itself, and going out in con kent rick circles -- con sen trick circles, they're looking for video that shows the individual leaving the vehicle and where he goes and also going to be looking at this guy that changed his shirt, where does he go from there. they want to pick that up and follow him as far as they can. jon: why are they so interested in him? what is it about his behavior that tells you that he might be a suspect here? police have not said this is the suspect, have they? >> they haven't. because at least at this point, they haven't spoken us -- shown us any video that shows this guy actually

departing the vehicle but his behavior is suspicious, he walks into an alley, changes his shirt at that point, so as to change his appearance, if someone saw him leaving the scene of the crime. so they have an interest in this guy, but by no means is that conclusive at this point. jon: all right. so where do they go now, what's the next step? >> well, the steps are right now, they're going to look at all of the evidence and all the bomb components, they're going to try to find out where did he access the instructions for this particular incendiary device, does this represent or resemble devices we've seen with al-qaeda or other militant extremists, or there's a very small chance, but it's still out there, that this guy could be related to, say, home grown extremists like the militia guys in michigan. we really don't know now. and they're going to watch all the escape routes, all the airports within the region have had stepped up

security, they're going to try to digitalize this guy and bring out his features right now, they're going to do everything possible to try to identify who left that vehicle and in which direction did he head, and is he trying to escape the country or is he just hunkered down at this point. jon: the fact that it didn't go off, everyone from the police commissioner on down has said we were very fortunate here. >> well, we were. but this guy chose the wrong device. this was the nightmare scenario we're always concerned about. he made an incendiary device and the injuries from that device would have probably been largely from broken glass, falling from the buildings on to the people below. this vehicle was not packed with sha republican nel, glass, metal shards and things like that that would have gone out in potentially a 360-degree raid us -- radius and cut down hundreds of people so we're lucky that, one, the device didn't

work, and two, that he chose the wrong device. jon: neil livingston, thank you. >> thank you. jane: just as you were speaking, the associated press says it's gotten word from the family of the actress lynn red dps grave that she has passed away, we're working to independently confirm that, redgrave is from a family of actors including sister vanessa redgrave, she was nominated for a couple of academy awards, the a.p. reporting that lynn redgrave has died. we'll get you more information. in the meantime, we're following what's happening as cleanup efforts are underway in the gulf. there is growing concern for the wildlife there, of course, and the fragile wetlands area along the coast. rescue efforts underway to find birds coat oil, get them cleaned up. these are pictures from friday of a bird that was found that crews had been working on. this region lies along a major flight path for really nearly all migratory birds in the western hemisphere.

also some pictures of about 20 sea turtles, they were found washed ashore on mississippi beaches over the weekend. marine biologists are working now to find out if they were killed by any oil con namtation -- contamination, they've finished their investigation of five so far, they've not seen the oil. let's get to the coordinator of the mammals for the group noaa, national oceanic and atmospheric administration. it's a watching and waiting game for all of you in this business. what's the status at this point? >> well, at this point, we're getting our teams geared up to receive any animals, birds, turtles, marine animals impacted by the oil spill. we don't know what to expect, we've never had an incident of this magnitude. so we're preparing for the worst and hoping for the best. jane: that's for sure. we're looking at this video of these sea turtles, so many of them washing up, and as i said, a portion of them, and i believe this is information that has come

from your unit, not related to oil contamination. what do you suspect here? >> we're not sure at this point. we have received 25 turtles so far. we are evaluating each and every carcass to find out if there is a link to this particular oil spill or not. as you mentioned, five have been found so far, we've not seen the connection, we're going to do the remaining 20, and we are not ruling anything out at this point. jane: blair, so many people have been haunted by the pictures we remember so well from the spill in alaska, exxon valdez, the pictures of whales, sea lions, et cetera. i know you had said you had seen, especially from ireual -- aerial photography, whales in the gulf of mexico slimming through the slick? >> that's correct. the gulf of mexico is a breeding ground for whales, it's a habitate for -- habitat for numerous species of dolphin and whales and we have conducted aerial surveys, we have seen pneum species of dolphins swimming

in the slick, as well as whales in the slick. jane: blair, you said a lot of this is uncharted territory for people in your line of work. even though there have been other spills. what do you mean? >> as far as impacting the magnitude of this event, and the way the oil is just covering so much of the ocean in the gulf of mexico right now, and the fact that this is a hot spot for marine ma'am mals, dolphin, whales. we have over 29 different species of whales and dolphins in the gulf of mexico. so there could be a major impact. however, we don't know what to expect, because it's different. we were expecting a lot more impact in the coastal areas, and we just are not sure what we're going to see with the whales that live further off shore. because whales and dolphins have very slick skin, the oil -- it repels oil so it's

not goes to attach like with a bird or a turtle, so we're expecting more internal issues like respiratory situations, respiratory impacts, as well as skin lesions, and then for the long term effects, we're concerned about the prey and the prey of these animals and how they're going to be dealing with prey in the future. jane: blair mase is with noaa, we'll keep our fingers crossed as you wait as well. thank you very much. >> thanks. jon: several popular children's medications are being pulled off shelves, mcneil, pulling products because they did not meet quality standards, tie loan coal, benadryl, zyrtec, more than 40 products are affected. jenna lee is with us now. tell us about the the origination of this recall, how did it start. >> well, about two weeks ago, fda inspected a plant

in fort washington, pennsylvania, that plant owned by mcneil and run by mcneil, and it was based on that inspection that the fda tells me is where this recall actually dpraim and the term voluntary recall is a little misleading, just because it seems to insinuate the company is voluntarily recalling these items but this is an government between the government and -- between the government and the company to get products off the shelves because of the issues with quality control and some of the issues are the ingredients in this medicine was either too potent, not potent enough or at times maybe particles were found in the liquid medicine, reports point to metal particles being found in the medicine. so obviously, this is concerning, all these products are being recalled, but at this time, we should be clear, jon, no illness -- illnesses, sicknesses, death related to this. 24r-r7 reports from the "wall street journal" this morning that consumer complaints led to this recall, the fda told me they cannot confirm that at this time, it was truly based on the inspection. there's a number and website on the screen in case you have questions about the

recalls. if you have medications in the cabinet, there's a coupon available that the company is reimbursing you for any medicine you have to dispose of. jon: it's not permanent, these things are going to get back on the store shelves eventually. how long before it happens? >> the fda tells me it's anyone's best guess at this time because it's a manufacturing issue, an issue to do with this plant. it depends on how quickly you can get this plant up and running and clear away some of the issues. i haven't been able to confirm that with johnson & johnson or mcneil at this time, we're still working on that. in the meantime, jon, here's some of the solutions in case you do have a sick child and you want to give them some medicine and all you have is your tylenol in the medicine cabinet, the fda says go for a generic drug, make sure they're not made by johnson & johnson, mcneil products division, and also, jon, it might seem easy enough to give your child a half dose of an adult medication but the fda says this is very dangerous, do not do that, please go and find a generic investigation for your child. jon: jenna lee, fox business network, thank you.

jane: the national highway transportation administration is investigating a sticky pedal issue with the dodge cal ber, some customers have reported problems with what is considered to be a compact suv. chrysler says it's limited to a small number of suvs, appears to be mechanical, not electronic. so far there's been no recall. we'll keep you updated. jon: any moment now ahmadinejad gets the podium, he is expected to fight against new sanctions against his nuclear program. john bolton tells us why we'd better get ready to deal with a nuclear-armed iran.

jane: we want to show you live pictures from the united nations in a few minutes. we're expecting a speech by the iranian president mahmoud ahmadinejad, often as you probably know when he

gets in front of a microphone he makes headlines. this nuclear nonproliferation conference is being set up as a showdown with the united states, the united states and our allies, we fear that tehran is trying to develop a nuclear weapon. new york senator charles schumer says iran must be stopped. take a listen. >> i am asking that the united nations secretary general, as well as all the countries of the world, condemn ahmadinejad if he doesn't come clean and say that he will stop producing nuclear weapons to sort of give him a pass and let him join the family of nations while his country is building a nuclear weapon is outrageous and doesn't serve our purposes. jane: john bolton is former ambassador to the u.n. before we get to what you think ahmadinejad is going to say, chuck schumer said this comment, this is the height of hypocrisy and viewers want to know your answer, why is this guy given a forum at of all

places a place for nonproliferation? >> it's not hypocrisy at the united nations. it's business as usual. i wish sen -- senator schumer could have spent a few days with me when i was ambassador so he could see this on a daily basis. this is nothing to be shocked about and even if it were corrected in this one assistance it wouldn't fundamentally change the united nations. this is the way things happen there. we should not be surprised by it. jane: what do you expect to hear from snm. >> i think ahmadinejad will try and do two things. one, he will make the case that iran's nuclear program is for peaceful purposes. i don't think anybody believes that but i think he will try and make that case. second, he will then try to shift attention away from iran toward the united states and towards israel, towards israel's unknown but well believed nuclear capability and toward attacking the united states for its nuclear weapons capability and its support for israel. jane: i mean, israel is, if you look at the nations as

they line up on this issue, really a dividing line for a lot of this. >> well, that's why i think a lot that goes on in this meeting will have really not a lot to do with the real threats of nuclear proliferation, north korea, iran, and others, but will be an effort to focus on israel to try to bring them into a situation where they're under pressure to give up their nuclear weapons capability. and very unusually, the obama administration is apparently in negotiations with egypt and others on a resolution from this conference that would have that effect on israel. jane: you wrote a really interesting opinion piece today, where you said basically, the obama administration has ruled out a military strike effectively, even though they haven't said that, and that a nuclear iran, we should all get used to that phrase because it's inevitable. >> well, unfortunately, as a result of failed and unwise diplomatic efforts in both the obama and the bush administration, we're at the point where iran is a very, very close to getting a

nuclear weapon, no diplomacy is going to stop them, sanctions are too late, the possibility of regime change won't come in time. so absent preemptive military force by someone, and it won't be the obama administration, the most likely outcome, the near certain outcome, is that iran gets nuclear weapons. that's going to be extremely damaging for american interests in the region and for peace and security there and around the world. jane: that is the view from john bolton, former ambassador to the u.n., as we await these comments from the iranian president. ambassador, thank you for your thoughts. >> thank you. jon: a major weekend storm across the south killing at least 19 people in three states. take a look at the dire flooding situation in nashville now as the cumberland river edges toward a record crest. and two inmates could have made a run for it when the deputy watching them collapsed, but didn't. what they did instead.

jon: right now, tennessee is bracing for more major flooding. weekend thunderstorms killed at least 19 people in tennessee, mississippi and kentucky. now, tennessee officials fear there could be more deaths, with the cumberland river reaching record levels, about to crest in nashville sometime this afternoon. joining us now, jeremy hite of the tennessee emergency management agency. it's my understanding that you're not really even sure how high this river is going to go. >> well, we've gotten the forecast from the weather service. now, that's always with a grain of salt because the runoff we're seeing is tremendous, but hopefully with the rain now behind us, that river level will start to match up to the forecast. jane: -- jon: it makes it pretty hard to figure out when you've got these various drainage basins that feed into the krem berland,

each gets a different amount of rain and you've got to do the mathematical mod tell figure out how high it's going to go. >> fortunately we have the services, we have the forecast for cumberland, obviously it's way over flood stages in a lot of places but there in chartsville, cartage and nashville, we're hoping that the crest will taper off to what they've predicted and of course we're going to have to wait for that to go dhiewnd won't happen until sometime wednesday. jon scwn what are you looking at? >> the crest for the cumberland and nashville is 51 1/2 feet. flood stage is 40 feet so there are lot -- a lot of places flood, the oaryland hotel has water in it. that's a landmark people might be familiar with. jon: that's way above wrord. the last was 48.6? >> i don't know the exact record but yes, it's gone over that by some mark. jon: last i knew, there were

11 people confirmed dead in your state, and you thought that there might be another one whose body had not been located. >> we actually have -- we actually do the official confirmations from the state emergency operation center, we have eight confirmed fatalities now, that's because the conformation has to come through the health department and the state medical examiner's office and have i that representative here in the emergency operation center, so they're gathering that information. what happens is each jurisdiction reports their information in and sometimes those reports get out ahead of time which is where you get those numbers like we saw two days ago, where two counties each had a rescue squad that worked on a person that de creased and both reported that person. it wasn't until it gets to the state emergency operation center that we de conflict the reports. jon: i know you have an awful lot of work ahead of you and the river is still to crest. >> we're supplying the search and rescue teams at the state's disposal to

nashville but they're in the rescue portion of this disaster. we're still plucking people out of homes and roadways and places where they've gotten into trouble. this is an ongoing disaster, and it's not over yet. jon: what a mess. our thoughts and prayers are with you, jerry heidt, from the tennessee emergency management agency, thank you. >> thanks. jane: we're monitoring the cleanup of the oil push good -- gusher in the gulf of mexico, this coming in from governor charlie crist, he's extending the state of emergency, 13 more counties in this state due to this oil situation, a total of 19 counties in florida now. we'll be talking with alabama senator richard shelby in a couple of minutes about what he wants the government, the oil company to do to lessen the economic and environmental impact of all of this. we've also got new developments coming up in the shooting of a police deputy in arizona, potential suspects, are they in custody? custody? we'll have the very latest.ands. soak our yards in color. get our hands a little busier.

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jane: top of the hour, brand new

hour of "happening now," i'm jane skinner along with jon scott. my in new york city and the fbi are working this failed bombing in times square case very hard. jon: you can see the crude gasoline and propane device is actually smoking inside that nissan pathfinder there in the distance. jane: later, you can see a man changing his shirt. there he is. it's not far from where this vehicle is. the nypd is searching for a white male believed to be in his 40s. the department of homeland security is saying investigators haven't ruled out anybody, any suspects including foreign terrorist organizations. jon: and this was a disaster narrowly averted, police saying the bomb would have created a, quote, significant fireball, potentially spraying shrapnel and pieces of metal killing pedestrians, knocking out windows in the heart of midtown manhattan.

jane: katherine her age is in d.c. >> reporter: a short time ago in washington the attorney general, eric holder, told reporters at this stage it's too early to say this was an act of terrorism. the attorney general is thinking of terrorism in terms of foreign groups like al-qaeda, and in this case it would be an act of violent to promote a prettial ends. he also said significant process has been made in this case. >> we have some good leads, and the investigative work, i think, has begun. i think as you have seen released a video that shows a person who may be involved in the incident, and he is certainly somebody that we are looking for and want to speak with, but we are following a number of other leads as well. >> reporter: a source close to the investigation tells me there is a debate among counterterrorism officials given that the device itself was a crude or amateurish and whether this is a significant of a foreign group or more likely the

signature of home grown extremists, jane. jane: is security being beefed up around other parts of the country? >> reporter: well, yes. we've confirmed that security at the airports is being beefed up in two ways. first, there's more security around the perimeters of the airport. this would be to prevent what they call vehicle-borne improvised explosive advices, in other words, an ied on four wheels or car bombs. this is being done out on an abundance of caution. secondly, they're ramping up security for those leaving the country in the event that the suspect or suspects may try to flee the united states. jane: are they comparing what we saw here to other attacks overseas involving car bombs? >> reporter: everything is still on the table, but certainly a pattern has caught the attentionover investigatives, it's a pattern with a similar attack carried out in the u.k. in 2007, and

this is why we're seeing the increased security at the airports. i'll explain. in the 2007 there was an attempted car bombing on a london nightclub called tiger tiger. it was propane, also gasoline, and in that case the detonator was using a cell phone. it did not detonate, and it was from that cell phone the suspects were tracked through phone numbers. the video you see now was a follow-on attack at the glasgow airport. it was a vehicle-borne explosive device, the type of thing they want to negative gate here in the united states. not necessarily suggesting there is follow-on attacks. jane: thanks, catherine. >> reporter: you're welcome. jon: right now all eyes are on the united nations where iranian president mahmoud ahmadinejad is

speaking right now at a u.n. nuclear treaty conference. when he speaks, he usually has something interesting to say. he has been trying hard to derail a push that would impose tough new sanks on iran but the international community. a lot of people expect he will accuse the united states of using fear to deny his nation access to nuclear technology. if you'd like to hear what the president of iran has to say, his comments are streaming live for you on foxnews.com, and then later this afternoon secretary of state hillary clinton will also speak. the latest, now, on the gulf oil spill. plugging that well underwater is not going to be an easy task. we have learned now that 60,000 louisiana national -- 6,000 louisiana national guard members have been authorized to help with containment, but it could take weeks to stop the oil that's gushing into the gulf. attorney general eric holder saying the justice department is a part of the oil spill investigation. many fear this catastrophe will

have a terrible impact on the economy and the wildlife along the gulf coast for years to come. trace gallagher is live in venice, louisiana, with an update. >> reporter: yeah, jon. major downpour for the past 35, 40 minutes here. despite the rain and the visibility being low, we have seen a steady stream of boats and ships going back and forth to that oil spill. again, the weather is bad right now, but they're telling us over the next three or four days they hope the weather will cooperate, so they're trying to get a jump on at least attacking the oil as best they can. i want to show you some context about the size of this oil slick and give you some time lapse video that happen taken from april 27th is when we start. you can see how small the oil slick is, and then it moves up to today. you'll get a better idea how quickly this thing is growing. the estimates are 5,000 barrels a day coming out of that busted well head, and that's 210,000 gallons.

nobody can be precise exactly how much oil is coming out, but that seems to be the steady estimate we've been getting for the past four or five days. the coast guard just held a briefing a short time ago giving us an idea of how the whole skimming process is going, going out there and skimming some of the oil and bringing it back. in fact, we just got some pictures of a skimmer that went by about five minutes ago. this has the ability to go out there and skim the water and then take in the water and the oil, separate it, and it can hold about 4,000 barrels of oil. there's a company called marine spill response corporation, it's a national nonprofit. they've got 15 of these types of vessels. it will be a major boost in trying to clean up some of this oil as they get out there and get inside the spill. the other priority, of course, is trying to, trying to boom off the perimeter of the oil slick to keep it from spreading.

it will come to shore, it's only a matter of time. there is a little bit of good news, by the way, coming out of this. that disperse santa they've been shooting down at 5,000 feet, the coast guard telling us they have had some significant impact on this oil flow. again, they're targeting the oil that's coming out of the well. as they target this, it breaks up the oil and allows it to become small enough so that it can be naturally degraded by bacteria. again, the coast guard's quote, significant impact on this. i don't know how many gallons, but that is good news as we continue watching the weather, the rainfalls in venice, louisiana. if and when the oil hits land, it will likely do so first here. we'll keep you updated with breaking developments as they come in. jon: trace gallagher live in louisiana. thank you. jane: the governor of alabama has activated the national guard to build some barriers on the

beaches. senators richard shelby and jeff sessions are getting ready to fly over the area. senator shelby is on the phone with us, thanks for taking the time. >> are thank you, jane. thank you very much. jane: what will be your number one question with emergency officials as you meet with them today? >> is it working? is the program working and what needs to be done to strengthen it. we all know that as long as the oil is pumping into the gulf, we've got a problem. it's not a one-day problem either, it's big. but in the meantime we have to stop what's coming toward the beaches, toward the estuaries because we have so much marine life here. jane: we heard from admiral allen saying it's going to be at least, he says at least 90 days to contain this spill. senator, the company earlier had said it's probably easier, this is a quote, to fly in space than

to do some of this that they're trying to deal with in shutting off the flow of this oil. what are your thoughts on what's been accomplished so far? >> well, i can't assess everything at the moment. i think everybody's really concerned. i just left a meeting that i convened of the local officials, noaa, the emergency people, the coast guard, and everybody's upbeat, but they're not exuberant about anything. they're deeply concerned and should be because we have a big task ahead of us. jane: yeah. if i understand it correctly and explain to us and our viewers, if you will, the company, bp, by law now in the wake of what happened in alaska with the exxon valdez spill, the company is required to pay for the cleanup, but in terms of the damages, those numbers are limited? >> i believe that's under the legislation at least as i understand it. they set up the fund that came in the wake of that. jane: and is there enough money in that fund to cover damages

for individuals, for companies? >> i doubt it because i don't know the extent of the damage. we're hoping that some of this can be curtailed. if we can keep the oil away from the marine life and the beaches, then that will be a tremendous success. but we're well away from doing that. jane senator richard shelby is about to board an aircraft to take a look at, do an over flight. senator, if you'll be kind enough to update us, that would be great. we appreciate your time. >> thank you. jon: a fox news alert and a development in connection with those nine michigan militia members accused of plotting against the u.s., a judge there issues a 36-page ruling that these nine members of the militia will be allowed to make bail. they'll be allowed to get out of jail until their trial. the leader, joshua stone,

authorities say surrendered peacefully despite the fact that he had six handguns on his person. it's a bit of a free speech case. at any rate, those nine militia members arrested in michigan will be allowed to make bail until their trial is held. that according to a federal judge. jane: a couple of other stories we're watching by helicopter and by foot there's a massive search on the border with mexico for whoever is responsible for shooting a deputy. we're going to get the details from the sheriff in this border county. plus, we're getting details of police facing heavy gunfire in detroit, a 911 call has ended in a deadly shootout. those details next. , i take calcium. but my doctor told me that most calcium supplements... aren't absorbed properly unless taken with food. he recommended citracal. it's different -- it's calcium citrate, so it can be absorbed with or without food. citracal.

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jon: "happening now" in the top box, thailand's prime minister now offering new elections in november if protesters accept a reconciliation plan and stability is restored to bangkok. middle box, ex-ohio congressman

james looking to make a political comeback after serving seven years in prison for corruption filing papers to run as an independent in the 17th congressional district. on the bottom we have learned that actress lynn redgrave has died after a battle with breast cancer, she was 67 years old. jane: breaking news out of detroit, a police officer is dead, four others hurt in a shootout. these officers were responding to a 911 call about gunshots at a house. they surrounded the house, they were hit by gunfire there. a suspect also has been hurt. investigators say they have found a around gun and a pound of marijuana inside that house. we'll keep you updated. jon: in arizona officials are on high alert after rounding up 17 undocumented immigrants following the shooting of a deputy on friday. according to police, three of those in custody matched descriptions given by the deputy who was shot. the officer found bales of

marijuana while he was on patrol about 50 miles south of phoenix. he was then confronted by five suspects armed with assault rifles. the deputy grazed by a bullet out of the hospital now. law enforcement is on the lookout for other suspects. joining us now for the latest, the sheriff. how confident are you that you've got at least three of these guys in custody. >> well, we're still conducting interviews, but to give you a sense of the scope of the operation, we had over 200 officers respond, and we corps donned off an area 10 miles by 10 miles. we had apprehended 17, but the border patrol also took in custody over 100 illegal immigrants. this is a corridor for smuggling not only drugs, but also human illegal immigrants. jon: in reading descriptions, it sounded like your deputy was ambushed, trapped. >> he was. in fact, he was out there tracking five people.

he didn't know exactly what he had, but he saw there were bales of marijuana. and as he was tracking them, they became wise to that, and they actually left their rear element behind, took cover and concealment, and the main element continued. our deputy, as he approached, the suspect popped up and started shooting ak-47 rounds, 20-30 at our deputy knowing he was a law enforcement officer. our deputy responded with his ar-15, a semiautomatic military-type rifle and his handgun and shot off an entire magazine at them and believed he hit one of the suspects. this gun battle went on for over ten minutes, so it shows you that the level of violence here has been increasing. jon: and five against one, i mean, he's lucky to be alive right now. >> he is. god was certainly watching over this tough deputy, louie pearl, and we're just so proud of him, happy that he's safe. and this is where all of the police chiefs in our county and

myself as a sheriff have called for to senator mccain and kyl for their plan to immediately deploy # ,000 soldiers to the -- 3,000 soldiers to the border to secure the border because this isn't going to stop until we stop the flow of illegal immigrants. hundreds of thousands each year come into our state. jon: and we're not talking about cooks and dishwashers here, you've got hardened criminals. >> oh, yes. we're going to honor several fallen officers. we've had countless officers who have been killed in the line of duty, four just in the last several years by criminal illegal immigrants, and that's what's most troubling. we're not racially profiling or against immigration, just against illegal immigration, and 17% of those hundreds of thousands have already established a criminal record in our state. and these are the people that we're most concerned about literally 40-50,000 even year that come in that have misdemeanor and felony offenses

who pose a threat not just to us in law enforcement, but to our citizens. jon: you've got your hands full. sheriff, thank you. jane: a possible major development in the killing of an arizona rancher, robert crans was shot last month. initially the focus was on illegal immigrants or drug smugglers from mexico that have sparked an outcry, but this morning the "arizona daily star" is reporting the killing may not have been a random act. police are investigating a person from the united states. we'll keep you updated. jon? jon: disaster narrowly averted in the heart of new york city. now the best crime investigators in the country are poring over this video and others. they're trying to track down those responsible for that failed times square car bombing. the very latest on the search next. and imagine this, you walk into your favorite barbershop and end up with a close shave of a very

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jane: we are watching developments in the failed times square car bombing attempt. we're learning this hour that new york city police have interviewed the registered owner of the nissan pathfinder that was rigged with these homemade exclosives. on the phone, joe, a former nypd squad commander. talk to me about this investigation, where it is at 20 minutes past 12 eastern time a couple of days later. the suv, i assume, is key here. what kind of clues can it hold? >> oh, it can hold many, many clues as far as the devices that were placed and as far as, you know, any fingerprints or any kind of evidence that was

removed from the vehicle. they're going to try to put a face or faces to anything they find in the vehicle. i mean, it's ongoing, it's been going on since the incident, but now it's involving many agencies as well. jane: when we say they've talked to the owner of this suv, you know, no jumping to conclusions that the one had anything to do with this, but how do you follow that trail, i guess? >> well, actually backtracking as well. they're going to follow the path of the vehicle, the travel of the vehicle from wherever it started into new york city and backtrack any receipts that are in there. as far as the owner, naturally, they have to speak to the owner of the vehicle as well as anybody tied in with those license plates to eliminate them or tie them into the case. jane: what strikes you when you look at this surveillance video of this person of interest, they say, who's a white man in his 40s, they think, who is seen changing shirts and looking back. just so our viewers know, right

in that circle. drops his bag, changes his shirt, looks back kind of hesitantly and takes off. when you see that, how helpful is this? >> well, it's definitely suspicious activity. anybody could say down the road, oh, yeah, i was just changing my shirt, i was sweating, but the fact that he's close to the vehicle, the fact that he is changing definitely raises eyebrows and naturally so, and now they can put a face, height, weight and nationality of the person, you know, to the vehicle later on. i mean, everything is a crucial piece of evidence, and that's the whole thing too. people don't realize anything they may have seen, you know, might seem insignificant at the time, but in the larger scale of things it proves to be very significant if they just call and say, you know, this is what i saw that night. jane: we have a computer animation of what was in the trunk of this suv. when you hear and look at what was back there, you know, there's been a lot of talk about whether this was the work of an

amateur, whether it wasn't. homeland security has been clear we're not ruling anybody out including foreign terrorist organizations, what strikes you? >> well, whether it be home grown or from the outside, you know, al-qaeda, whatever it is, you have to just look at how complex this really is. somebody took the time to put this together. and it's not the first time we've seen things of this nature. i mean, everybody goes on the internet, you're able to download things, and, you know, columbine as well, you can go online and see these things. the more publicity they get, you know, the more they're prone to go out, hey, this didn't work, that's try this. you have the experts saying, you know, had they done this, you're feeling more into them. jane: joe, i know one more point you wanted to make is one we saw also what happened in the botched attempt of the guy coming into detroit on christmas day, people see something, and they say something. >> that is so important in this

day and age. everybody has to get involved. the police department cannot do this by themselves. everybody's out there from the vendors, cab drivers, truck drivers, you know, being new yorkers, you know, we're not suspicious by nature, but we are street savvy, and we do know what belongs and what doesn't belong. and when you see something that doesn't fit, you should call in, say, listen, it may mean something, it may not. it may turn out to be something of this nature, you know, and you may avert something. jane: we got lucky. joe, everybody was on watch saturday evening. joe's a former nypd squad commander, and there's your number, 800-577-tips. just let 'em know if you did see something. thanks, joe. >> anytime. jon: iran's president has opened his yap to speak, but the audience just got a little smaller. harris faulkner for us. harris: i like the way you put

that. he is going off right now on a tangent, and when he got to the united states a few moments ago saying that we had violated the non-proliferation treaty, people began to walk out. i want you to listen to what he says, and then i'll catch you up on what he's talking about now. take a listen. >> translator: there are reportedly more than 20,000 nuclear warheaded worldwide half of which belong to the united states. the other competing group continue -- groups continue to develop nuclear weapon under the pretext of deterrence. both trends constitute a violation of obligations under the nuclear proliferation trity or npt. harris: did you hear that through the translator? she's trying to give his inflections, she couldn't. what he was saying is that the united states is in violation of the nrt by simply stockpiling

weapons and being ready to protect itself, and he says the mere threat of them is what should be wiped away. he says it is a grave mistake the united states makes in equating nuclear energy production which he says his country is doing to the production of nuclear weapons, and that's all it took to get france -- let's take a look at that video -- france, the u.k. and then the united states' representative to walk out pretty quickly. all in concert, one right after the other. jon, as you said it, leaving the room a little less filled, leaving that crowd smaller. now the president of iran talking, ahmadinejad, quite emotionally quoting from the non-proliferation trity about all the ways in which the united states is offending him. and, again, he uses words like grave and threaten and so on and so forth. and we know as these people are exiting as we see this that, no

doubt, they'll still know what he said in there, they just want to show in force that they don't agree in any way, shape or form with what he's saying. he's been talking, now, by the way, for about 15 minutes, and i understand he's got quite a bit to go. you called it, jon, what did you say? jon: he opened his yap. only one member of the american delegation, i suppose he drew the short straw and had to sit in there for a while, but now even he is gone. harris faulkner, thanks. jane we're watching this flood situation in tennessee. river about to crest in nashville. overnight 1500 guests at the opryland hotel had to be evacuated, and the major of nashville says the city's two water treatment plants, they're flooded -- one of the treatment plants is flooded at this point. you can see the rescues taking place, we'll update you. plus, united and continue innocental would like to merge into the world's largest airline.

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shore yet, new overflights indicate there is no evidence the oil sheen has impacted land. teams, though, are doing everything they can to try to contain the leaking oil. phil keating is live in venice, louisiana. >> reporter: as of last night it was 9 miles away just east of where i am here out on the fringes of the bayou in southeastern louisiana. the point man for the obama administration on dealing with this ongoing crisis, president obama met with him yesterday just up the canal here from me. nine meals was the -- mines was the threat, and three different spots ruptured at about 5,000 feet below the surface continue to pour oil upwards to the surface unchecked and uncontrolled. even bp acknowledges it doesn't know precisely how much has spilled so far, how much

continues to spill, what the daily rate of flow is, but the coast guard's going with the estimate of about 210,000 gallons a day which would make it at least two million gallons of sweet crude in the gulf of mexico. jon: any hope of kind of kinking the pipeline to shut it down? >> reporter: bp continues to hope that maybe today is the day they actually have some success. they're using remotely operated vehicles, basically robotic claws 5,000 feet below the surface controlled by humans up top. and as we have with seen those underwater video clips, it has failed miserably to pinch the pipeline below where the leaks are, and that would stop the flow of oil. so what the current ongoing most rapid plan here to stem the flow of oil here is what bp calls its dome collection method. and we've got some new animation to show you exactly what that is. it's an oil collection barge at the top of the surface. it drops down this 40 foot tall

box with a dome attached to it all the way down 5,000 feet, hovers right above where the oil is leaking above the surface. that then goes into the collection box up the dome, up the hose all the way to the surface to the awaiting ships. if this works successfully at that depth, that could certainly remove a good percentage of some of the oil that's spilling into the gulf. however, it has never been used, this method, at such deep surfaces and with the pressure down there, it remain unclear whether all of the valves and everything will work properly. six to eight days, five to seven days da is that might be attempted, and that will be interesting because the best plan to stop the flow of oil involves that relief well which would be dropping a brand new pipeline all the way down to the same oil reserve which has about tens of millions of go gallons by estimates. that would relieve the pressure on the cracked pipeline, but that's 60-90 days away, jon.

jon: what about that plan to use chemical disper sants on the oil slick? how's that going? >> reporter: the weather was really bad all weekend long, high winds not only laying out boom lines, a lot of them were breached, 80% according to alabama's governor, but the winds were too bad. the planes are loaded, they're ready to fly, and we do expect they will begin flying over the oil slick today. they can cover 250 acres per drop. bp's also conducting its second test today of actually pouring those chemicals 5,000 feet down into a tube all the way at the head of the leak trying to disperse it that way, and noaa's analyzing to determine whether that's safe environmentally speaking, and that could help out in the long range in the future large-scale pouring of those chemicals. right now it's unchecked oil flow, and it continues. jon: phil, thanks. jane: want to get to news on general motors, how were sales

in april? jenna nows. jen jen a bit better. we're hoping to gee gm on two feet, so let's talk about this. we saw general motors' total sales up morn 6%, but if you take a look at some of their core brands, these are the brands the company's going to depend on in the future,gmc, cadillac and buick. those sales were up about 20%, and that is generally what analysts are looking for for the entire industry, and it's certainly what we saw with ford. ford sales out just moments ago and those sales are up about 25% overall. that does include volvo which is going to be spun off of for the, but ford has posted sales above 20%, they continue to gain market share and did that without any government money. now, our final investment in the auto bailout, we don't have chrysler sales, but we did have information a government

investigation for the 2007 dodge caliber, again, this is not a real recall at this time, just an investigation. according to the associated press, those gas pedals were made at the same indiana plant where toyota also received their gas pedals. so, again, this is preliminary, but certainly a part of the story we're going to be watching. jane: all right, jenna, thanks very much. it would be the biggest airline in the world between united and continental. the question, though, for you as an air travel passenger how would it affect the cost and availability of your next flight? and this might be considered a bad day for a store owner. check this out. eek. car coming right through your front window. what happened to this poor barbershop? ya know, i'm really glad we finally decided to see where raisin bran crunch is made.

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megyn: hi, everybody, i'm megyn kelly. experts now predict this oil mess in the gulf is going to hit the east coast saying it's not a

question of if but when. did you watch any of these may day protests over the weekend? michelle malkin did and, wow, does she have a report for you, one you might not see in the mainstream media. plus, they beat him over ten times with a baton and tased aim allegedly while he was handcuffed. now the police have been hit with a major lawsuit. should they pay? we'll play you the tape and let you decide in today's kelly's court. all starts top of the hour. jon: united and continental airlines want to get hitched in a planned merger that will create the world's biggest airline if it's approved. the deal may make good business sense, but does it mean less competition meaning you'll pay more to fly? >> we have partners worldwide together now that we are both in the star alliance that we are going to be able to move closer together because we're closer together. jon: joining us here in the

newsroom, jamie counter, he's with trip advisers. what do you think, does this thing get approved? does the justice department say, yeah, go ahead? >> yeah, i think it will be approved. there probably will be certain provisions, and the d.o.t. will take a look at it. i do think it'll go through, and there's not that much of an overlap, so it does make sense from a network perspective. jon: northwest is gone, they were a big overseas player, now you've got united and continental, basically you've got three airlines that fly overseas in this country, the new united if it happens, delta and american. >> yeah. us airways -- jon: they flew a few. >> i think you'll still have competition. there definitely is potential for fares to go up on certain routes where they're a much stronger player. jon: that's what everybody's asking about. if you get down to fewer and

fewer airlines, doesn't that mean fares go up? >> definitely a possibility. i think domestically you have enough low-cost competition with the southwests of the world, internationally i think there's more potential for fares to go up. jon: each of these airlines lost a couple billion dollars last year, to my understand, so what's the advantage in putting them together? are they able to shave enough work force down that they can save money sh? >> yeah. i don't think you'll see that much work force shaved off because the pilots, the gate attendants that they need, i think from management you will see some cutting, but overall it's a much stronger industry. it's an industry that's really struggled. jon: well, it is, but is it good for the passengers? i guess that that's the bottom line. >> fares could go up, but if you're a united or continental

customer, you have more options from a frequent flyer perspective, things like that. jon: those miles are awfully hard to use these days. jamie counter, thanks. >> thank you, jon. jane: customers were caught off guard at a barbershop in california. take a look, an suv -- listen. ooh, crashing through that plate glass window sending the debris through the air. the vehicle, obviously, out of control had customers scrambling to take cover. >> i just stood there and watched just in disbelief, and we heard a long screech. >> we have everybody was kind ot looking, and she came in, and all the glass just -- jane: one person inside was hurt. the driver wasn't hurt. we don't know what caused the crash, they're looking at it. steve centanni is covering the trial of a knave seal accused of punching a captured terror suspect in iraq.

>> reporter: yes, the trial of matthew mccabe getting underway, and an exchange on "the o'reilly factor" is cited reason to throw the whole caseb. out. i'll have that coming up. that helplessness again. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. talk to your doctor, and take care of what you have to take ca of. real chicken and salmon and the goodness of leafy greens. you live well. you eat right. help your cat do the same. naturals from purina cat chow.

jane: a u.s. navy seal is facing court-martial in a case that has sparked major controversy in the united states. matthew mccabe is his name facing charges for assaulting a terror suspect in iraq. the detainee is accused of taking part in a horrific aknack which the bodies of four american contractors were burned, mutilated and dragged through the streets of fallujah. steve centanni's at the courthouse, what's happening now? >> reporter: well, pretrial motions are underway. the actual testimony we expect to start tomorrow, but a very interesting filing by matthew mccabe's attorney today.

he's claiming there was undue command influence from the top down to keep these charges against the three navy seals. now, for evidence he cites an exchange on "the o'reilly factor" on april 22nd, and we can listen to that first. here it is. >> cleeveland has the power to drop the cases, and he shouldn't -- >> i'm not sure that he does. >> he could do it. >> i've spoken to people close to him just today, and they think that he is really being scapegoated in this case, and he would like very much to do the right thing -- >> then do it. >> well, maybe it comes from the chairman of the joint chiefs. it's very difficult for him to do it. >> reporter: now, general charles cleveland is who he around doe's talking about. the allegation here or the implication is that possibly general cleveland got some pressure from higher up, and that's the reason he pressed the charges. in his filing today neal

puckett, the attorney for mccabe, says the clear implication is that major general cleveland is under pressure to charge the accused in the wake of abu ghraib regardless of the merits of the case. now, this by no means proves there was undue command influence, but it's something that the attorney says if it happened, it needs to be considered by the court. jane: what other testimony do we expect here? >> reporter: well, today we're expected to hear from possibly congressman dan burton who, as you know, like the people behind me gathered outside the navy base gate is very much supportive of the navy seals and has been outspoken. he could testify by video conference in the courtroom today. we're also going to hear during the course of the trial, now not today but tomorrow or the next day, jonathan keefe and julio huertas who, as you know, were acquitted of same charges in the same case of this defense of abed back in september 1st of last year when they're accused of abusing the prisoner in their

custody because there was some blood seen, but an oral surgeon will testify for the defense that was possibly because the accused detainee had scratched his lip to cause the blood to happen. so that's going to be one of the claims by defense attorneys here. jane: steve centanni, thanks. jon: a lot of states looking to cut their budgets are finding potential savings in the courtroom. never mind the swift application of justice, the cutbacks could mean major delay for both criminal and civil suits. anita vogel is live in los angeles for us. so you've got a big court system in l.a., what's the impact? >> reporter: yeah, jon, it is a major impact here across the board for l.a. county superior court. it is the largest court trial system in the country. let me show you pictures from downtown los angeles, this is just on any given day. we saw lines wrapped around the block, twice around an entire city block, and these are just folks who are trying to pay

traffic tickets and parking tickets. budget cuts from sacramento mean fewer judges and court employees to keep the courts running. >> we keep cutting courtrooms because we don't have the resources, it will get worse, and we'll do our best, but there's only so much we can do with less money to keep our courts running. >> reporter: and they've already laid off 330 employees here, they're talking about closing 17 courtrooms, and another 20% cut is coming. that means people are only going to be more frustrated and those lines could get even longer, jon. jon: some people would say it would be a good thing if some of those insignificant cases weren't heard in court, but what about the serious matters? jr. yeah. and there are a lot of really serious matters, cases that are hanging in the balance. right now it's taking two months to get into family court, and those are where those really delicate child custody cases are handled. also it's taking five years, five years to get on the docket in civil court.

legal experts say this could have a very harmful effect on kids and families. >> a lot of what the courts are doing is helping businesses run, families run, institutions operate. and the longer it takes to resolve the disputes, the less effectively they operate. are. >> reporter: and, jon, this could have a direct effect on the local economy. it could take a $30 billion hit, that's to the legal services industry here in l.a. county and also for businesses who are going through pending civil litigation. they have to wait longer to have their cases resolved. back to you. jon: anita vogel live in los angeles, thank you. jane: we'll have pictures of a riot, hundreds of protesters were taken to the street, but their message got lost in this wave of violence. vandals broke through windows, spray painted graffiti, we'll talk about what happened there.

and we'll introduce you to some inmates who became heros in a separate story you'll want to hear. we'll be right back. there are ♪ [ male announcer ] winning more awards for quality and customer service than any other luxury manufacturer the last 10 years says something. yet the award we value most is the fact that lexus has had more repeat loyal drivers in more of the last 1years than any other luxury automotive brand. to express our thanks, we are featuring our best values of the year. giving you unprecedented access to lexus

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megyn: they are calling two jail inmates in oregon heroes. they were helping a stranded motorist, that's when the deputy doubled over in distress. instead of making a run for it these two guys used the driver's cellphone to call 911. >> he's somebody's father, husband, you know, he's just like us. >> the man was vulnerable and he needed help right now. that's all that matter matterd. >> the inmate's quick thinking helped to save that deputy's life. >> good for them. >> see if they get out on early release, something like that. time for good behavior.