megyn: i am megyn kelly, this is "america live" on a monday. a frantic search for the suspect behind a bomb scare in time square. was it an act of terrorism? the war over words. an attempt to create carnage at the crossroads of the world. a violent arrest caught on tape, the suspect beaten with a baton more than ten times then z a.p ped with a taser. now the decision on the fate of the police officers. was it police protocol for excessive force on "kelly's court." >> there was broken glass, and i was protecting my store. >> really upsetting. i could cry right now. >> cal leers turned rioters at a proimmigration rally in california. may day gone mad on "america live" right now. we begin with this fox news alert. major developments in just the last hour or so on this

catastrophic gulf coast oil spill. it began as a louisiana problem. it is now far, far beyond that. florida governor charlie crist just is declaring a new state of emergency involving a massive stretch of florida coastline. 200,000-gallons a day are believed to be leaking making their way through florida, louisiana, mississippi and alabama and that may not be all. the coast guard says it will take up to three months to effectively stop the oil from leaking and the department of defense authorizing 6,000 national guard troops to help with the cleanup efforts. we are waiting for news from the white house right now, a briefing is about to start as we get word from the ceo of bp that he will meet with cabinet officials in a little more than 90 minutes. and here is the big story shaping up right now. we are getting word this hour that this oil threat could extend far beyond the gulf of

mexico. powerful currents could carry this mess up the east coast. and that is where we start this hour, a huge disaster that is threatening to get bigger. we've had a scientist who knows the currents to explain it to us. joe joins us from the accu weather studios in pennsylvania. we see this graphic down in florida of what is called the loop, and those currents and the winds will determine whether the east coast could now be hit with this oil? >> well, yeah, the winds are going to be diminishing. they'll -- they've been strong southerly the past couple of days. they've backed off. there is a front in the air yacht next couple of days. it's keeping most of the oil up in the northern part of the gulf of mexico. i don't think the wind is quite strong enough to get it to that loop current. what this is, this is warm weather that comes out of the caribbean into the gulf. it's a counterclockwise current.

it's most important during the hurricane season, that's where you see the storms intensify. this current comes around, comes south of florida and up the eastern sea board. as you look at the bigger picture of the atlantic ocean, here it comes up along the eastern sea board into the gulf stream and a lot of folks are worried about that now, that that oil gets pushed southward into the loop current and comes right along the eastern sea board. i think over the next three or four days the winds will be relatively light, but i'm very concerned this a strong front gets into the gulf this weekend and tries to shove this even further south into the loop current. by the way the hurricane season is lurking and this water profile you see right now if we go back to this picture, what will happen is the gulf will get warmer than normal, warmer than normal up along the eastern sea board, we have a big hurricane season coming and i won't be surprised if this oil slick has something to do with the hurricane season if that we'll have to watch for storms coming

up into it and then the implications from that. who knows. >> joe, show me that graphic again. i don't understand what we're seeing in all the blue and green behind you. >> we'll do the close-up on this. >> that i see. >> right, this is abnormally warm water that comes up into the gulf, it loops around, back down and around the eastern sea board. >> if the oil gets into the loop we're in trouble on the east coast. >> that's exactly right. let's remember also, megyn if you see this picture right here, you see this, this looks like 2005. >> i have no idea -- what are you showing us here? >> i'm sorry. this is the atlantic motion, this is bath-water warm water in the tropical region. in the atlantic warmer water coming up the eastern sea board. what i'm saying is as the leak continues to evolve over the next month, in june, july, august we have to start worrying about the influence of the tropics also with the immediate influence of what is going on

now with the loop current coming up the eastern sea board. right now the center of the oil slick is up in here, it's up to the north. it's going to try to get back a little bit further south the next several days. it's the weekend that i'm worried that it gets far enough south to get caught in what we call the jet current that comes along the eastern seaboard and then you have problems. >> one expert said i don't think we can prevent it from getting into the loop, it's more a question of when not if. folks make their money and spend their leisure time on the beaches in florida on the east coast and perhaps further on the line, the outer banks of south carolina and so on. they are all watch this very closely. thank you, joe, all the best. >> thank you. megyn: can you imagine, folks? you thought this was just a gulf coast problem, think again. the whole nation especially the east coast needs to be watching this for its affects. this weekend brought pointed questions about the white house response to this disaster. press secretary robert gibbs was

asked about the drilling incident back on april 22nd, that was two days after the initial explosion. the oil slick started to spread over the next two days and the issue came up again on april 26th. the white house was mostly focused on off-shore drilling. the president's first comment came april 29th nine days after the original incident. today we expect it to be topic number one at the white house press briefing in moments. major garrett will be there. he is live get ready for it. what can we expect here? >> we expect a pretty strong defense from the white house. saying the federal response not necessarily visible in washington was visible at the point of attack and the point of the disaster from day one. you'll recognize, megyn yesterday when many officials were on the sunday talk shows more than a dozen times they invoked that same phrase, from day one. administration officials told me on friday there were eleven briefings at the unified command center in robert, louisiana from april 20th until friday of last week saying the reason

we're getting criticize it -- have it sized is we only had one briefing here. their response is at the scene federal officials, state officials and bp were involved in an aggressive response to first the catastrophic explosion and fire at the deepwater horizon rig then the search and rescue, then dealing with the oil leak as it became better known. and robert gibbs is due out in a couple of seconds. one other thing i will say quickly to our audience, megyn, in 90 minutes at the interior secretary kim salazar and homeland secretary janet napolitano will be talking in a few moments about their response to the leak. megyn: as soon as news is made at the white house we'll go back there. thank you very much. homeland security saying that no suspects are being ruled out. a manhunt now on for the person behind this failed bombing in new york city. but now the question, was this

an act of terrorism? and will the administration label it as such? alan colmes on that after this break. and cops thought he was carrying a concealed weapon. it turns out he was unarmed. you can hear the screams as they beat him. the police did not find out he was unarmed until later. they beat him with batons at least ten times then zapped him with a taser, now the lawsuit in "kelly's court." and rally tow riot in the blink of an eye, an immigration protest that brought a city to its knees, upcoming up. [ fema] the difference between men and women is women never stop moving.

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megyn: knocks news alert at the white house robert gibbs being questioned about the oil spill in the gulf. let's take a listen. >> i would need to check with interior on that on the 75 million figure. i don't -- i think there are different provisions for different things. let me take that question and try to find that out. >> i mean is it your commitment that bp will pay all costs associated with the spill? >> that is our commitment. >> including like lost wages. >> that's specifically one of the things the president spoke with alan about and the fishermen yesterday is about setting up a system and janet napolitano talked about this morning setting up a system for compensation and claims that isn't bogged down. fishermen, particularly, we

understand what they catch they are going to sell what they catch in order to spend money to go back out and do it again. obviously we've got to set up a system that provides for that to happen quickly. >> and just generally, what is your satisfaction level with bp's performance? >> well, again, they are responsible, we have oversight. i did this a couple of times i think yesterday. look, there are many different things that we are focused on, first and foremost is capping this well. there were tests over the weekend and the application of subsidy disbursement which have thus far per tpoerpd well and -- per tperpld well and they are continuing to test that. instead of spraying the dispersant on the surface of the

matter they are releasing it near the source of the leak and that had positive impact during the first round of testing. the second -- the relief well began, the drilling began on that last evening, which is a more long-term solution. obviously bp is working on a structure to put -- possibly put on top of the well and vacuum up the oil to the surface with the water to deal with that. so that is one aspect of what we're dealing with. secondly we are dealing with as the pollutants rise to the surface containing the spread of that oil on the surface of the water, and how that affects both the environment that we're dealing with as well as the local economy. i would say all of those things are what we are overseeing, they are responsible for that. obviously they have the unique

equipment for dealing with this at a depth of 5,000 feet under the surface of the ocean. but we are going to continue to insure that they are doing all that they need to do from the perspective of the state, local and federal authorities. secretary napolitano, secretary salazar, and lisa jackson are meeting this afternoon with bp to get an update from them on their ongoing process and to ensure that they are taking the steps that we feel are necessary to respond to an incident of this magnitude. >> my understanding is it's going to be bp's ceo who is having a meeting today. >> yes, actually the guidance i have is the ceo and the american

chair. >> can you tell me, i have two questions, one is a follow-up on the bp, can you tell me who the president has actually spoken with at bp? and also any reaction on ahmadinejad's comments? >> i can check -- i don't believe the president has spoken with anybody at bp. obviously they have -- secretary salazar convened a meeting with the ceo's of the oil companies last week, i think we put that list of folks out. secretary salazar was in houston at the bp command center and these individuals will meet with bp later on. i think it's at 3:00 today. look, i think the speech that you heard today was predictable in that iran failed to speak about the obligations that it won't live up to, and i think

rightly our delegation and many others left as a series of wild accusations were made during the speech. >> reporter: do you think it will have any influence on the movement towards getting some sanctions against them, more sanctions? >> i think the speech today, i think the -- those that have -- those that are involved in the npt conference and are living up to the obligations would have wanted to hear the iranians discuss living up to their obligations. i think them not doing that again shows how further isolated they are from the world community, and we continue to make progress on sanctions at a multilateral level even as we

look at ways that we can do so within our own government. continue to meet with the u.n. security council and continue to make progress moving forward on a security council resolution. yes, ma'am. >> two questions, the first one is we hear so many different timeframes as to when this oil will actually be under control. what is the best case and what is the worst case scenario. i'm hearing from a matter of days to 90 days in the worst case, what is your sense of how long? >> i would direct you to bp, in terms of what they might say. look, i think there are a series of processes that as you said could take a matter of days. i think -- i forget the exact term of the structure of putting on top of the valve would take, probably another week.

the original well took 90 days to drill, and it could take -- it could take that long to drill a relief well. >> so if it takes up to 90 days is that something that the president is comfortable with? >> well, i'm not sure the president can alternator the pace of drilling in the atlantic -- i mean in the gulf, i'm sorry. i used this phrase yesterday as secretary salazar used this phrase, and that is we are going to do what we have to do. we will keep our, as secretary salazar said our boot on the throat of bp to make sure they are doing all that is necessary while we do all that is humanly possible to deal with this incident, absolutely. >> on the plane ride back yesterday did the president share any personal reflections with you about what he saw on the ground, how he is feeling about all of this? >> i talked a little bit about this on the trip home, you get a

real -- you get a real sense of the topogr a.p hy, the geography of what we are dealing with and how -- the president said that you could see from the air the wetlands in that area obviously have undergone lots of change, and not for the good over the past many years. the president said you could see that from the air. speaking with the local fishermen you get a feel about what is at stake both environmentally and economically, and i think the president reiterated to all of us, as he had said over many, many days, and that is, we must do all that we can as

aggressively as we can to combat this incident. >> i just want to follow-up on that. when you say keep the boot on the throat of bp obviously it sounds tough. how do you actually follow-up on it when, this was pointed out the liability cap seems to be $75 million? >> i'm going to check on that. >> senator menendez has a bill saying he wants to expand it from 75 million to i think 10 billion. you said earlier we want to set up a system to make sure bp pays more than just for cleanup, pays for lost wages. what kind of system can you set up retroactively, if the law is the law. >> bp is the responsible party, right? so if local fishermen can't fish that is an economic loss that bp is going to have to pay. i'm talking about setting up the actual system for the filing of those claims with bp and others

in order to get them reimbursed as quickly as possible. that is not a retroactive thing, by the way. >> if they are responsible for cleanup and containment can you really force them to pay the lost wages? >> absolutely, that's part of the law. absolutely. the economic damages that are incurred are part of the cost of this incident, absolutely. >> two other quick things. mr. benjamin netanyahu called, there are reports that president abbass may come to the white house for peace talks. where are you on that, is he coming. >> i have no announcement on that. >> where is the president in his decision making process. we know he did face-to-face interviews with potential nominees last week. do you anticipate more face-to-face meetings next week, are you close to a decision, where are you? >> close. i couldn't agree more with your character ryization -- characterization. >> how close, will he announce

it this week? >> i was thinking about this when i was getting a series of emails, will it be today, tomorrow, i'll be happy to advice you when the event is when we do announce it. i think it might be duplicative to announce each day when the event is not going to be. >> you did that last -- you did rule out last week. >> can you rule out this week? >> no i had a whole week of dub louisiana ka tiff e -- duplacative emails. >> he had a ton of free time. >> what are you guys watching at cbs that i'm not afforded to watch. >> there is not a lot on his public schedule. >> i'm going to forward that along to him. >> is he using that time to do interviews with supreme court nominees. >> i'm not going to get into the

interview process that the president has. it's safe to say, chip there is a lot on the president's plate, and a lot that he's doing out of the watchful eye of the public. >> does that include supreme court? >> i anticipate that he is working on the process of the supreme court without getting into the specifics of what those actions might be. >> what is his involvement, how actively involved is he in getting information on the time square situation? >> yesterday in traveling to the gulf john brennan was with us, briefed the president on the helicopter ride from here to andrews, on time square we spent about 50 minutes in the conference room of air force one on the ride down on the gulf. the situation in the gulf, john got information throughout the day and passed that along to the president, and has done so again today. >> is there anything new on

claims from groups over seas that they were responsible for this, any reaction to that? >> we are actively participating in the investigation, making sure that local authorities have all the resources necessary to determine who is responsible. we have not made that determination yet but that is actively ongoing. >> on the boot on the throat thing, i said it sounds tough, it actually sounds hostile. is that a reflection of the relationship between the federal government and bp, is it a hostile relationship? do you need to keep your boot on their throat in order to get them to act? >> i think the expression largely conveys that while the responsible party is bp we will

do as the oversight authority in managing the cleanup, the spread, we're going to ensure that the responsible party is doing everything that it can and should do. the president heard yesterday from local officials that were concerned about the plans -- the plans that bp had when the oil got closer to different parishes, for extra booming and for different activities that could be undertaken. the president understands that frustration and met with the local parish presidents in order to move the process with bp forward more quickly. that is the process that has been ongoing throughout this and will continue. >> do you think the president feels like he needs to keep his boot on their throat.

>> i think the president accurately conveyed in his remarks yesterday that we are going to do everything humanly possible and ensure that bp is doing everything humanly possible to deal with this as comprehensive lee and quickly as they can. megyn: a little bit of contention at the end by the language used by press secretary robert gibbs when it comes to dealing with this gulf coast oil spill. he said they are keeping their boot on the throat of bp and got pressed rather aggressively by some on that term. highlighting the fact that the president has not yet personally dealt with the head of bp or executives with respect to this oil spill but has been briefed regularly and went to the region over the weekend. you heard some news about this terror scare that we saw in time square here in new york city over the weekend. that terror scare has led investigators to the owner of the suv that almost tore a path of destruction through midtown

manhattan. police do not know who drove the car, set the timer and took off. all eyes are on surveillance video that was taken moments after the attempted attack. it shows a man with what appears to be a bag stopping on the street before taking off his shirt revealing ot shirt underneath. police say they are questioning witnesses and scouring hundreds of hours of video from the area and there are roerts that one tourist may have video of -- of a man getting out of the nissan path finder. we are waiting on confirmation from that. the administration accused of sending mixed messages on whether this failed attack was indeed an act of terror. earlier attorney general eric holder says whoever is behind this attempted bombing intended to spread terror across new york. take a listen to what homeland security secretary janet napolitano said on "fox and friends tp-gs tp-gs this

morning. >> the other key thing, madam secretary is that this is terrorism, right? >> well, it's certainly something that i would not rule out, the way it was carried out, the kind of device that was used. again, until we know the perpetrators, the person or persons who were responsible you don't know their intent but i would not rule that out. >> right, i mean clearly the guy was trying to if not kill people scare people, which is terrorism. >> well, and we do know that -- you know if the explosions actually had been properly done and ignited that would have been quite a fireball in that particular area. it was not properly done, it was not effective. megyn: alan ko*eplh colmes is the host of the alan colmes show. some say she is avoiding the

term terror. >> she said we don't know yet. she said we are not ruling a terrorism act out. >> why not say it's obviously an act of terrorism we'll figure out who is behind it. >> there are international explanations and definitions of terrorism normally having to do with promoting a particularly ideology. we don't know that. the webster definition of terrorism has to do with systemic use of an act of something that is meant to coerce, we don't know if that was the case either. people are terrified. why would there be an effort before we know all the information to try to define it that way. we don't know yet. >> i actually looked it up in the u.s. code. it is defined as politically motivated violence against civilian targets by subject national groups or clandestine. >> we don't know that. >> we understand acts like that to be acts of terror. nobody is looking at the u.s. code, they say it's terrorism.

the common man's understanding of what happened in time square is it was an attempted act of terrorism. why not acknowledge that? >> the government officials knowing the international definition and what the code is i'm sure janet napolitano is aware of that doesn't want to go out and make a statement that this is terrorism until we have all the information. why would there be a desire to rush to say it's terrorism. >> you know why she gets the criticism, she has mis-stepped before on this. she came out and said she is not baggy to use the term terrorism. she said she was going to call them man-made disasters and she got a lot of flack for that. >> we need to lock at all the information and we don't want to use this as an opportunity to beat up on janet napolitano because of what she said. >> she came out and did it. why not say an act of terrorism. >> what he said was, terror being spread. that is different than the definition of terrorism.

>> why wouldn't she say that? >> why do we need to criticize at this point? let's beat up on janet napolitano, let's -- anything we can find to make sure the administration gets it wrong, is that what we should do? >> her critics say it shows the add minimum straying's approach to the war on terror. >> no it doesn't. we had a car bomb planning flee not go off. it detonated thankfully not hurting anyone. we don't know what the motive was, we don't know if there was coercion or to spread ideology. how can we call it terrorism, under the dictionary definition or code. >> you can under the code. we'll leave it to the listeners. alan colmes says no. thank you. a beating so vicious you can hear the victim screaming, this violent struggle caught on tape. the aggressors in this case are the police, and now the lawsuit in "kelly's court."

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megyn: 1:36 here in the east. here i am. a detroit police officer was killed in the line of duty early this morning. four other officers were wounded in a shootout with suspected drug dealers, one suspect now under arrest. and united airlines has

announced it wants to buy continental. if the deal goes through, the new united will be the world's largest carrier. actress lynn redgrave has died known for her film, stage and television roles. she died louisiana night after a -- last night after a seven-year battle with breast cancer, she was just 67 years old. >> the federal government has launched and coordinated an all hands on deck relentless response to this crisis from day one. megyn: president obama on the gulf oil catastrophe saying the administration has been on point since this accident happened. mentioning that phrase from day one, and he's not the only one. >> secretary napolitano, should the administration have responded faster? >> oh, the administration responded all hands on deck from day one. megyn: that was janet napolitano on fox news sunday, and that was not the only time we heard the

phrase day one over this past weekend. take a listen here. >> if i may, just on that point, from day one the president has been involved and informed and been directing us to do everything we can and not to spare any effort. megyn: cabinet members used that phrase, day one, 16 times on the talk shows. despite that fact, the rig blew up april 20th, and the president's first public comments did not come until nine days later, and now some are saying that's a problem for this administration politically. joining us now, juan williams and brad blakeman, former deputy assistant to george w. bush. some people are calling this obama's katrina. you were in the white house when katrina hit, and president bush took a lot of criticism. what say you? what i say is the democrats said at that time nobody would have ever faulted president bush for an overwhelming response even if, in fact, after the fact that response wasn't necessary, and what i say the democrats is

where's that same responsibility on this president and this administration? he should have known what that rig was capable of producing a day, what was in the holding tank which two days after the explosion sank and is releasing literally thousands and thousands of barrels a day. where is that same responsibility? there has been to date no overwhelming response to an incident that happened on april 20th. megyn: you know what? it's not just folks who are conservatives and republicans like brad, it's even some liberals who are criticizing the president from, well, "the new york times" to bill maher. take a listen to him. [applause] >> i'll tell you who i'm really mad at which is president obama. a couple of weeks ago the president, our president said it turns out that oil rigs today generally don't cause oil spills, they are technologically very advanced. now, if i was quoting george bush, this crowd would be laughing in hysterics. >> are yes, they would.

>> so why isn't barack obama getting more [bleep] for this? i think he should. megyn: juan! what? >> that's amazing. bill maher, gee whiz. he really broke with his orthodoxy to come out and say something negative about obama. in this instance i think bill maher's really wrong. i think he's wrong in this sense, that this president and this administration was in touch -- i don't think there's any debate about that, the coast guard was on the scene right away trying to save the lives of those 11 people who apparently perished -- and was told that it was under control, initially not leaking, that only a thousand gallons a day, it was going to be shortly taken care of. now we know it's 5,000 gallons a day, and i think the response has ramped up as the days have gone on appropriately. but to get back to brad's point, you know, i think in terms of hurricane katrina part of the problem was for president bush when he was coming back and flew over the site and decided not to land. now, president bush, i know,

felt that he was going to interrupt with rescue operations and the like and distract resources that would have gone, instead, to helping people, so i understood it, but i think to some it seemed insensitive. here i don't think there's any question about whether or not president obama and the administration care and have gotten involved. megyn: well, it's not a e question about whether they care, it's a question about what they've needed to have done when they needed to do i. this is from "the new york times" who says the homeland security department waited until late this week, meaning last week, to formally request a more ro robust ponce from the department of -- response from the department of defense. janet that poll tan now doesn't even know if the defense department had equipment that might be helpful. so, brad, i ask you, is it a legitimate criticismsome. >> it is, as to how the federal response was made to this disaster. the federal government has more jurisdiction over this incident

than president bush had over katrina. we had a state, we had a city that had ultimate jurisdiction over the safety of their citizens, and the federal government should have been called in much earlier by those people n. this disaster the federal government has primary jurisdiction, not the contractor who owns the rig. come on. to say now that, well, we took the word of the bp corporation that everything's taken care of, that's nonsense. we should have had an overwhelming response to a disaster that we knew was happening not only at the time, but what it was capable of doing over time to a sensitive area just 40 miles from the gulf and the delta of the mississippi. megyn: and yet, juan, i know we're still in the midst of this, but hindsight is 20/20. >> okay. so, i mean, maybe the government should have done more more quickly, but i think, again, i don't know that janet napolitano is to be chided for failing to know the capacities of the defense department in dealing

with an oil leak. i don't know where that's coming from. i think the real conversation here, megyn, is about what this does to conversations about offshore drilling. megyn: what does it do? >> and the fact that president obama had come out and said that he was for offshore drilling as part of trying to get his energy deal through which is part of concessions he made to lynn say graham -- lindsey graham. to me i think we should have drilling here domestically, but i don't think it's going to happen after this disaster in the way that it would have been happening before, especially along the atlantic sea board. now you see senators from new jersey and virginia, even republicans saying we've got to take into consideration the risk and reward. meg juan and brad, thank you both so much. president mahmoud ahmadinejad's speech on his nuclear warning prompting a walkout at the united nations today. we'll show you who refused to listen to the hard line leader when he got up to speak, and

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megyn: well, you heard the white house getting pushed on the speech from iran's president at the united nations today. representatives from the united states, france and great britain chose not to even listen. watch this. they got up and walked out. ahmadinejad speaks shortly before our own secretary of state, hillary clinton. here's what secretary clinton said yesterday about whether ahmadinejad was likely to try to steal the show. >> if iran is coming to say we're willing to abide by the non-proliferation treaty, that would be very welcome news. i have a feeling that's not what they're coming to do. i think they're trying to divert attention and confuse th issue. megyn: k.t. mcfarlane and a fox news national security analyst is my guest now. he shows up at this

non-proliferation -- i mean, which is just, what is he doing there? what is the point? why is he there? >> he's basically staked out the position that we're not going to stop making our nuclear weapons program advance as long as you guys have nuclear weapons. those were all security council countries. he basically questioned the legitimacy of the council, he said you all hypocrites, and that's that. to me what he did is he put the line in the sand, and he said i'm not stopping. so i think what we're headed for is a train wreck. we are going to be in a position where we either bomb iran to stop their nuclear weapons program, or we let iran get the bomb. megyn: it doesn't sound like we're prepared to do number one. >> nuclear iran? that means every country in that part of the world wants its own nuclear weapons. saudi arabia is exploring the need for nuclear energy, they're talking about getting nuclear

reactors -- megyn: and that's iran's code word. >> that's a cover. so you're starting to see the first steps. megyn: the next thing hillary clinton said is we are going to focus on our efforts to get the international community to adopt a strong community council resolution. another resolution. >> blah, blah, blah. i understood from reagan that you don't negotiate without leverage. we're begging right now. meg mg it's not working. they don't care about our begging. they're going to get the nuke and then what? >> the administration, i think, has resigned themself to that. and what they're talking about privately is can they push israel and the palestinians into some kind of peace agreement that will change the momentum in the middle east? i think it's a pipe dream. you've got to face the fact that you're going to have a nuclear iran and a nuclear middle east -- scariest, most dangerous part of the world get anything the hands of who knows who -- or your going to have to take military action -- meg would you

be telling president obama to bomb them? there i would be telling him start doing something now. megyn: he says he is. they're trying to get china on board. what would you tell him to do? >> immediately, tomorrow, gasoline sanctions even if they're unilateral where the united states cuts off the trade. bring iran to its knees. develop ties with the democracy movement in iran, encourage regime change. it's pretty clear from what ahmadinejad said today he personally is never going to stop. megyn: yeah. >> it's a hail mary pa, but it's at a lot better than the other options. megyn: we'll see what our secretary of state says in just a few minutes. >> thank you so much. megyn: dozens of children's medicines pulled from store shelveses, tylenol, benadryl and more. more specifics right after the break. plus trace gallagher with new details on how they are trying

to cap this still-gushing well. >> and, megyn, this may be one of their are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. new cryostat. instant relief, no mess. cryostat. a breakthrough in hemorrhoid treatment. extinguishes itching, burning, swelling... with cooling comfort. instant relief.

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megyn: well, the fda is now investigating the recall of more than 40 over the counter children's medicines earlier this week. mcneal consumer health care pulling popular brands like tylenol, benadryl, motrin and zyrtec. i mean, if you've got a child, you've got these in your home. the company says these drugs do not meet their quality standards and some could have more active ingredients in them than what is listed on the packaging. if the you think you may have some of these medications on your home, head over to our show page at foxnews.com/america live

for the specific lot numbers. earlier on "fox & friends," dr. manny suggested if you've got those brands in your house, throw 'em out. any children's meds, basically, he's saying. the fda is saying parents consider substituting the generic versions, how do you like that? unbelievable. well, new details now on the effort to stop the fountain of oil that is surging into the gulf. there is a plan that could help contain the oil, and it involves dropping something they call a dome over the leak to help bp trap and collect the oil. this thing could be in place not in 90 days as they're saying in the one of their plans, but in about a week. trace gallagher is now live for us in venice, louisiana, with the details on this. all right. so this dome is plan a. how confident are they that it's going to work, trace? >> reporter: well, it's uncharted territory, megyn, it's

never been tried before. this well is 5,000 feet down, so they're considering taking this dome or this box made of concrete and steal that weighs 76 tons and taking it with a hydraulic lift and lowering it 5,000 feet and trying to guide this thing with cameras. the idea is if you can cap that well, then you can trap the oil, and you can siphon the oil out. that's plan a. plan b's a problem because that means drilling a separate well entirely so you can divert the oil into a different well. but plan b would take between 60 and 90 days. that's a disaster. so what we have now is a plan a that needs to work. if it doesn't work, it's kind of back to the drawing board, megyn. bad news all the way around. megyn: all right, trace, and -- well, we'll get back to you in a bit. thank you. it was billed as a family-friendly immigration

protest. michelle malkin has thoughts. plus, a violent arrest caught on tape. wait until you see it here and only here in kelly's court. [ sneezing ] ♪ [ male announcer ] what are you gonna miss when you have an allergy attack? benadryl® is more effective than claritin® at relieving your worst symptoms and works when you need it most. benadryl®. you can't pause life.

megyn: a fox news alert out of new york city. the nypd has found the owner of the suv at center of the bomb scare this past weekend. they are declining to say whether that person is a suspect and they are not releasing his identity. this is a videotape that may show a suspect lunging away from the car moment it was left in times square. that's where we begin this brand-new hour of "america live." mayor bloomberg committing that new yorkers will not give in to terrorism. this as the white house expand its language on the issue. press secretary robert gibbs weighing in saying this act was

intended to terrorize. this as investigators scour hundreds of hours of surveillance video eafned from the scene. the nypd and the feds are working together to figure out who tried to set off a homemade bomb in the heart of new york city. david lee miller is live in times square. you heard a lot about surveillance camera videos. what do we know about the suspect we have seen on camera. the one person they are look at and we have on camera? "view" it's till not clear -- >> reporter: it's not cheer what took place saturday night. authority are released a surveillance tape. on this tape a half block from the nissan pathfinder you can see this individual changing his shirt. he's take off a dark colored shirt. underneath he has a red colored

shirt. the mayor says there may not be anything to this. it was a warm evening and it many possible this individual was uncomfortable and wanted to change his clothing. if you were in this area change your clothing on times square and you were on the news tape would you not by now come forward and tell the authorities that this was just an innocent change of clothing? so far that has not happened. authorities very body want to speak to this individual. i can tell you that the new york city police department is considering the release of the second videotape. they are reviewing it. the tape take bin a tourist in pennsylvania. not clear if that will be helpful. they have hundreds of recordings and hours of tape to go through. there is a great deal more that

has to be examined. megyn: the tape from the pennsylvania tourist may have a shot of the suspect lunging away from that car. in the meantime authorities say they have tracked down the owner of the car. the car that had the makeshift bomb tonight. what more do we know about that? >> reporter: the nypd says it located the registered owner of the nissan path finder. they say the vehicle was registered in the state of connecticut. we are told this individual is not a suspect, but understand the car itself was not registered stolen. so there are many more questions about why this car was where it was and who the driver was. megyn: david lee, thank you. two street vendors are being hailed as heros for alerting police to the car bomb. one of them spoke to fox and friend * earlier today.

watch this. "view" any time. >> any time we see a car, we are going, move the car. that's how this started out. by approached the car, i saw the keys inside. the car was running. the flashing lights were on. i looked around to see, whose car is this? and no one stepped forward. about that time the officer came up on the mount horse and he's asking me do i know whose car it is. a couple other officers came and another officer who is a regular beat cop said did you see the guy get out? unfortunately i didn't see the person get out of it. the windows were tinted in the back. he pulled out his flashlight and we didn't see anything. shortly after that, that when the first little explosion went off and smoke inside the car. >> did find out later that was

firecrackers? >> you smelled the gun powder. megyn: this guy is incredible. you can check out more of the scene that unfolded in times square on foxnews.com to see a slide show. this guy goes upon "fox and friends." he was down the street venlding business, was down on wall street when 9/11 happened. then he steps away from this guy in times square. notices this smoke car and follows the saying we have in new york, if you see something, say something. he talks about how he is not a hero. he doesn't see himself as a hero. it's a really moving interview. our hat goes off to him. he says he does business in front marriott in front of the mr. peanut sign if you want to buy a t-shirt from him. police in arizona capturing 17

suspected illegal immigrants, three of whom may have been involved in the shooting of a sheriff's deputy. the deputy was shot in the stomach with an ak-47-type weapon while con front a group of smugglers friday. those in the area say they are even more worried bore their safety -- they are even more worried for their safety than they were before. >> reporter: we asked how she feels living in this rural setting so close to illegal activity. >> i have seen the border patrol checking the bushes with their guns drawn. it makes you feel safe. >> reporter: thousands have been through this remote wilderness to try to make it from here. interstate 8. their cargo can get picked up

and sent to phoenix and beyond. >> in the paits was give them water, i don't want to see anyone suffer. >> reporter: now they want the federal government to step in -- >> it's gotten worse in the last few years. we have neighbors just off interstate 8 that find backpacks in theiryard all the time. it's frustrating. megyn: a gusher of oil contaminating the gulf of mexico threatening coastal areas. the scope of the disaster appears to be getting worse by the hour. the coast guard estimates could take three months to cut off the flow of oil.

that could mean 18 million gallons of oil. the white house calls it a top priority to get this thing under control. check out the time lapse. you can see the shifting shape and size of the spill as it gets pushed around by the weather and the waves. bp will not confirm how 67 -- how much oil is down there but unofficial estimates are tens of billions of barrels. >> reporter: they are trying to do their best here but the weather is not cooperating. you see that large cutter behind me. those are skimmer ships that should be out in the gulf scooping up hundreds of thousands of gallons of that oil. instead they are here in the docks. emergency officials say they will do everything possible and they are preparing as if for a major category hurricane but the weather is holdings things back. here is what the commander of the cutter had to say.

>> recovery efforts are always dependent on the weather. you need good weather to clean up oil. >> reporter: with the ship still in dock, the front line are the containment boom. miles of boom have been spread out around pensacola. as far as more elaborate plans to cap that at its source. even the company responsible did not offer guarantees. >> large domes, that would be lowered down on top of the leak and it would have a piping system that would carry the oil up to a vessel on the surface. 5,000 feet of water. this has never been done before. >> reporter: here on the florida panhandle, this area has boasd

they have the whitest beaches in the world. that could change and the oil hits the sand. megyn: president obama expected to talk to the governors of tennessee and kentucky as the flooding gets worse. these pictures are incredible. the cumberland river is 7 feet above flood stage. the storms and flooding are to blame for 21 deaths in the south. the number could rights further still. many people are trapped in their homes right now. including country singer julia roberts. she sent us brand-new pictures not too long ago. take a look at this. the water almost reaching the tops of the street signs. the drivers, their cars completely submerged. just hold it right here. this is a major highway. would you look at this?

julia joins us live in 10 minutes. and may day protests getting out of hand. activists resorting to violence, damaging several businesses in california and it got scary for some. is this the first you have heard of this? michelle malkin on the may day protests you did not see. plus a violent arrest caught on tape. what you see here is making both sides quote sick. but not for the same reasons. the tape and the fallout on "kelly's court". @=h

megyn: the melee on may day. protesters raging out of control in california. in santa cruz 18 businesses were damaged. it's not the only city seeing a wave of violin on may day.

d wave of violence. not so many have been as quick to point out the violence we saw over the past may day rally weekend. >> you are not going to see hyperventilating columns that the "new york times" from fall krogman decrying the rage and rhetoric we saw over the weekend, and the reason why is it does the fit their narrative that the right is violent and the left is peace and unicorns and rainbows. you don't have to look very far on my blog and other blogs covering this. in santa cruz there were at least 18 businesses victimized.

250 of them carrying torches. can you imagine if there were 250 tea party activists carrying torches and throwing rocks through businesses causing hundreds of thousands of dollars in damage, we would be hearing about it everywhere. it happens in asheville, north carolina. there were antiillegal alien activists in san francisco who were physically confronted by the so-called peaceful protesters. you saw the inflammatory movement. despite p.r. efforts to white wash this, it never goes away. megyn: to be fair to those people who came out and protested, this happened in a couple cities. the vast majority out there. we are told there were hundreds of thousands.

nonetheless, some did. why is it that would be ignored and things like this would be ignored. look at the signs about governor jan brewer who was on this program friday and tried to say i try to ignore this stuff. look at this. hitless daughter putting her face in a nazi uniform. she signed the law that cracks down on illegal immigration. >> there has been search and destroy coverage of the tea party movement the last year and a half. by contrast over may day you have people who were pretty much inspired by violent revolutionaries. i cannot tell you how many che cheguevarra flags were there.

there were flags with the border between u.s. and mexico set on fire. there with been public calls for revolution without borders. and there has been people who advocated on stable out on concert and performance. i want to quote this. green light to invade arizona. they see this as revenge for what's happening in arizona with the government there. they are trying to protect its citizens. megyn: over the weekend we saw this, but we also saw something we reported only earlier which was a deputy getting shot with a weapon that resembled an ak-47 by suspected drug smugglers near the border in arizona. we had the murder down in arizona. nonetheless me we had janet

napolitano come out and say this spells the need for immigration reform. >> immigration reform is a euphemism for amnesty and stopping deportations. if you look at signs that what what they want. they don't want to restore order on the bored or respect the sovereignty of america. megyn: what do you make of the immigration reform push? obviously people want to secure the borders. but do you think immigration reform -- that term is being bandies about in d.c. has that as its goal? >> the goal is subvert the law. i want to take a step back. i have been write being this issue for a long time. the first book i wrote was called "invasion." we have to look at immigration as a national security issue. that was supposed to be what we learned after the september 11

terrorist attacks. we needed more cooperation at all levels. the data base needed to be accessed by all people at all levels. we have forgotten that because there are big business interests on the right and there are politically correct interests on the left that are interested in keeping the chaos as it is right now. that's making us all -- megyn: many people believe politicians on both sides of the aisle are terrified of losing the hispanic vote and they are worried some hispanic voters will be alienated by crackdowns. >> there are illegal aliens here overstaying their visas, who crossed the bored, who defied deportation orders. it's about make sure this system works to guarantee the american dream for people who are following the law and doing it

the right way. megyn: michelle malkin always has opinions on this subject. thank you so much. parts of nashville, tennessee are completely under water. the pictures are stunning. hundreds of people rescued from their own homes. we'll speak with the country music star who took this picture while she was being saved from the second floor of her home. that's next. late night host conan o'brien sharing his thoughts on a messy breakup with nbc. what he now says about his former employer. >> it got to the point where i thought, i think this relationship is going to be toxic and maybe we need to go our separate ways. i got into one of the best schools in t country!

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cable network. floodwaters rising in tennessee after powerful weekend storms pounded the south. the wild weather and resulting floods have killed at least 21 people in tennessee, kentucky and mississippi. including six deaths in the city of nashville alone. julie roberts had to be rescued from the second story of her home. she sent us some incredible pictures and joins me on the phone to describe her ordeal. you are in your home. the rain has come down. the water has couple. what happens next? >> at 6:00 a.m. in the morning. and people start pounding on our doors. we had no idea what was going on. it had been range for a couple

days. -- it had been raining, but the waters started rising. my car was gone, floating down into our community. i live with my mom and sister. all three our cars are gone. it was just crazy and horrifying. and we were on the second floor. and rescue boats were coming by for hours. and they asked us -- i live in a community where there are sick people and elderly. so they rescued all of those people, then they came back to get us. i have four dogs. i rescued my dogs and mom and sister and i got out and we are alive. we went to a shelter, now we are staying with friends. but it's very sad and it's very -- we need your prayers and

anything. megyn: i know you are getting those from our viewers. describe the condition of the first floor of your house. >> the water started to rise pretty fast, shortly after we -- i figured out my car was gone, by the time we got out. the boats got to our house they had to force open the door. when i got downstairs to the first floor the water was at my hips. our couch was floatings. everything. i don't know what it looks like now. maybe by the end of the week i'll know everything. it looked pretty disastrous. all my neighbors. everybody in that area of nashville. megyn: we are glad to hear your family is safe. and your dogs as well. too often animals get lost in

this kind of thing. we are so glad you called in to give us this story. i know a lot of our viewers are concerned. all the best to you and your family. can you believe those pictures? if you have been affected by this, we would love to hear from you as well. you can send your thoughts and emails at kelly@foxnews.com. there is also ureport@foxnews.com. investigators have tracked count owner of the bomb-laden suv left in times square. though they say he is not a suspect, it's a major lead in this case. the mayor of jerusalem joins us live on how one is supposed to live with this kind of terror threat every day. and was it police protocol or excessive force? the beating caught on tape that's turning both sides' stomaches but not for the same reason. during the break you can log on

to our web site foxnews.com/americalive. scroll down to "on the docket" where you can read up on "kelly's court" and you can decide who you think is to blame >> they don't treat me like human be they treat me like other things. you know. in that case they don't have any sympathize for me. and just hit me like --

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megyn: fox news alert news from the white house on the times square terrorist scare. press secretary robert gibbs responding to a question from our own major garrett moments ago and whether or not this was an act of terrorism and news now breaking on that. first listen to gibbs. >> how would you characterize what happened on times square? wait an acts of terrorism? >> i think anybody with that type of material they had in a car in times square i would say that was intended to terrorize, absolutely. i would say whoever did that would be categorized as a terrorist. we don't know who is responsible and that's what we are looking at now. megyn: this i is "the washington

post" reporting that the incident in times square appears to have been coordinate increasingly appears to have been coordinated by several people in a plot with international links. in a plot with international links according to obama administration officials. major, what do we know on this we don't have major. we are trying to get major garrett up on this important new information. this is being sourced through the post who is saying the failed car bombing in times square increasingly appears have been coordinated by several people in a plot with international links and that would meet the administration's definition of terrorism and could be behind what robert gibbs was said was care rides as

an intent to airrise and the person who d intent to terrorize. and the person who did it would be a terrorist. the dorm room dispute that could cast california's finest big bucks. a cal state university student was pounded almost a dozen times with a night stick, then zapped with a taser on top of it. they say some of that beating and the taser incident happened after the cops were slapped on. the beating was captured on cell phone video by the man's roommate. look at this. [shouting]

megyn: apparently the two roommates had a fight and the one being beaten here threatened his roommate with a knife. the comes showed up because they were called by the roommate. and it turns out this guy did not have a knife on him. however, he was resisting arrest according to the officers. now prosecutors have dropped the case against the victim here. he describes himself as a victim and they are not filing charges against the officers. however, ho is suing for excessive for for $6 million. does he have a case? and should those cops be charged? let's ask our panel. arthur aidala and mark eiglarsh. you can hear ho screaming

repeatedly as they beat him with those batons. i ask you, is this a clear case of excessive force by the police? >> i'm no expert about it appeared they weren't observing the laws they are expected to protect and uphold. we are talking about six veteran law enforcement officers all experts in reasonable use of force. and four out of the six con cluesively established they stepped over the line, it was excessive force. one veteran lieutenant out of l.a. with 27 years experience said it was like the rodney king beating calling this a felony. i'm no expert. when the kid was handcuffed and he was hit by law enforcement. megyn: you are seeing screen right it has been zoomed in. you can see more what's happening. the defense lawyers who represent the police say they

did nothing wrong in fact one says it makes me sick that people can disobey a lawful order from police and expect to make money off of it. they say this guy was clearly resisting the officers in question. >> if it was so clear the officers' behavior was off the charts the prosecutors would have charged the police officers. police officers get charged with assault because they controls the line all the time all -- because they cross the line all over the united states of america. the quality of this video. it's hard to see what many going on. the way mark and i defend people charged by prosecutors without hearing our client's side of the story, i want to hear what the police officers have to say. the roommate called and said this guy threatened me with a knife. even there wasn't a knife found on him, it was a steak knife from the kitchen. the guy a cording to his driver

dallas license is 6 feet, 222 pounds with a knife on him. there is a high level of anxiety. megyn: apparently this guy ho ignored the command to stand still after the officers entered his room. when they tried to handcuff him he resisted being handcuffed. what are the officers to believe when he's resisting arrest. he's not complying with their directives. he said he was on the floor to find his glasses, but how do they know that. >> in a free and secure society we must so bay and respect law enforcement. however, in this instance you have 7 armed law enforcement officers. >> 4, mark. >> 7 at one point. all right. 4. i was told 7. they couldn't subdue a math student? he's armed with equations and they are going to cut him --

>> you see the struggle there. you can see on the tape there is a struggle there. it's troubling to hear the guy screaming and yelling like that. >> why did they need to hit him in the head with a baton. >> if you read the police officer's report, the police officer said the blow to the head was accidental. he hit him on the shoulder. when the baton was ricocheting off his shoulder he struck him in the head. a civil jury will listen to this. what is key is the prosecutors didn't fine this was felonious behavior. megyn: we have pictures of his injuries. he said he was hit all over his body. he didn't walk to class the next day. but we have pictures of some of his contusions. there is his shoulder. does this amount to $6 million? >> probably not. i don't know the extent of it or

what his permanent injury is. but that's what arthur was saying. merely because prosecutors don't have sufficient evidence, doesn't mean he didn't hit the scales at 51% and get a civil recovery. megyn: how sympathetic is he when he goes into court and admits he didn't comply with the officer's directive. while he was struggles to get his glasses, how do the police know that? all they know is they get a call and say this guy has a knife and he's threatening me. >> this case will depend on jury selection. i don't know san jose. but i believe it's liberal leaning. they may put aside all those reasonable arguments you just made about why the police officer did feel their lives were in danger and write this guy a check. when you hear those screams, a jury may be prejudiced.

megyn: one of the officers is standing casually for a lot of it. he doesn't look scared according to those who an lids this up front. -- who analyzed this. they say these batons always look worse than they are. they are very collapsible. and what looks horrifying to us may not be as bad. >> you have got two roommates who are going to corroborate this was excessive an wasn't reaching for any weapon of sorts. megyn: arthur, mark, thank you so much. this seems an example of excessive force. but these situations so often have more to them than the video camera shows. this plaintiff was not complying some see if they agree.

the complainant was not complying. but was this amount of force necessary? doubtful. we'll see how it plays out in front of a jury. fox news alert. this may be a terrible case of booed timing, but we are getting reports of manhole explosions in times square. fire officials say they are investigating the blaze that blew the cover off a manhole. another manhole cover has blown off. no injuries yet reported. this does sometimes happen when the weather gets warm in new york which it is. by were trying to learn more. now again is a told you moments ago, we are getting reports that the white house is now saying that this time square indent over the weekends appears increasingly to be coordinated by several people in a plot with international links. that's next.

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melling * fox news alert -- megyn: fox news alert we are getting reports that some manhole explosions are taking place in times square. this could be a case bad timing. david lee miller is on the scene. what do we know? >> reporter: this is ordinarily the type of story we would not report. but it's worth mentioning because of what took place saturday night. there are no injuries that we are aware of. just a short time ago five blocks south from where that suv was parked that had the smoke bill -- the smoke billowing out of it. manhole covers have explode. one had flames shooting out near the "new york times" building. we are told it has to do with electrical cables underground. authorities evacuated people

from a nearby building. there are no injuries. it underscores ways on many people's minds in new york city though many are going about their business as usual it is difficult for many new yorkers to forget the fact it was saturday night someone a few blocks from where i'm standing tried to blow up a car causing serious injuries. this time some nervous new yorkers. no injuries and no disruptions of power as well. >> we are trying to get more information on this report. the white house said an unnamed obama administration officials are saying it appears what happened in new york city this past weekend may have been corded by several in a plot with international links. we are waiting to confirm. new york city find it self in the crosshairs. he -- this weekend we here in

new york dodged a built. a car bomb set to explode in times square. but it kaiments on the heels of a series of domestic terrorist attacks across the country. how are americans supposed to deal with this? someone who knows is the mayor of jerusalem. sadly, mayor, you have experience with how one functions in a city that is targeted repeatedly by terrorists who wish to kill innocent civilians. how do you send your children to school, go to a cafe, get in your car would be walk across a busy city road. >> i want to commend mayor bloomberg. they are dealing with this in a smart way. terrorists want to terrorize. what you have to do as fast as possible find the source and go after them. as much as law provides.

as aggressive as you can. the other hand it's important to go back to usual and make sure the public realizes that the faster we go to normal way of running our lives, the better we are because the terrorist will understand that they have no effect on our day-to-day life. that's what the mayor is doing and from our experience in jerusalem, it's the best way to make terror as small as possible. megyn: we don't know who was behind this attempted car bombing. we are reading this one line that it's liking like it may have international ties. it doesn't look like conventionally something we have seen from al qaeda. it doesn't have the bells and which windchills of a huge headline grabbing attack. but could it be with the help of americans who have turned into al qaeda terrorists, that

al qaeda is learning that a simple car bomb in the streets of new york can also terrorize americans just as jerusalem has dealt with for years? >> i think terrorism is an international problem. it's not national or city problem. you have to coordinate. and to combat terror throughout the world we need lots of sharing of knowledge and experience, lots of. partnerships and databases. i believe that's what israel, the united states and the free world is doing. and we naturally don't know what the source of this terror is. but it many clear to combat terror we must make terror not while. as fast as possible to go back tour normal lives. new york and jerusalem are cities people long to come and visit.

in spite all this. they are some of the safest cities in the whole world. we have to make sure the public realizes, come visit our great cities and that many the best way to combat terror. megyn: israel has been in the news a lot in the united states. there has been for lack of a better term a dust-up between israel and our current administration. and you in israel have been criticized for building up in east jerusalem, and there was a bit of a political snafu when benjamin netanyahu came to the united states. do you feel they have broken faith. >> i spent some time in washington, d.c. sharing with the administration the fact that jerusalem today is 800,000 people. and we'll grow to be a million people strong in 0 -- in 20

years. we have a master plan for 50,000 apartments. jerusalem is a natural growth of any other city. a third of the population today is arab, 2/3 jewish and the plan for the apartments is the same as the population. we cannot stop jerusalem from building. i shared my concern that hopefully nobody is intending that freezing? jerusalem will be only for the jewish population. i think that message resonates and i hopefully the u.s. administration understands that we see the partnership between israel and the united states as the most valuable partnership israel has ever had. we want to make sure misunderstandings don't get in the way of the partnership.

megyn: we appreciate you being here. all the best to you, sir. megyn: 2,500 more americans are head for unemployment. it is cutting out the middleman in the way student loans are made. sally mae is shark a third of its workforce. >> reporter: the ceo of sally mae says the student loan parts of the healthcare law is not good news for the company and not good news for our employees. sally mae will have to let go of 2,500 employees by the end of 2011. mainly at service centers. here is why. you can go to the government or to private lenders or community banks for help in getting a government backed student loan. but new law says you can only go

through the government which president obama says will save $60 billion in fees. supporters say this change cuts out an unnecessary step. cuts outs the middle man and will provide better services for students. not so say critics. instead of having a choice. now students will have one choice. the federal government and four call centers to get help. from the interest on these loans will go to the government, not to community leaders. megyn: major garrett is moments away. we are getting his microphone hooked up. but again we are trying here at fox to confirm this "washington post" news report. now they are reporting citing unnamed obama administration officials it appeared

increasingly this attempted bombing to have been coordinated with international links. has anybody in the administration confirmed that to you? >> reporter: not on the record. but i have bean speaking via email with a senior administration official involved in the briefings that obama has been privy to. the latest word i received is the information is leaning in the direction of international plot behind this episode in times square. now if you look at the careful phraseology of the "washington post." increasingly likely means the body of evidence is moving in that direction. that's a confirmation i received at white house. it doesn't means it's an absolute kind fir nation. because -- absolute confirmation. the senior administration official isn't prepared to say absolutely this is an

international plot and we know that for sure. it's moving in that direction as the evidence piles up. as you know from the briefing earlier today in response my question to press secretary robert gibbs for the first time speak on behalf this administration declared this an acts of terrorism. clearly the evidence is mounting. other intelligence agencies, it's moving in this direction where they have to conclude there were international efforts to engage this effort in times square and create what possibly could have been spa terrorist clammity in the middle of new york. megyn: have they suggested what any evidence is leading them to that potential conclusion? >> reporter: no. megyn: does this change the investigation approach as far as the administration is concerned? do additional agencies get involved? >> reporter: all the agencies have been involved from the get-go and they are collecting

the international elements of this. there is no designation about who might be responsible and what links they might have within this broadly defined international group. megyn: was robert gibbs asked about the specific news item at the press conference today? >> reporter: i asked him. and he declear it an act of terrorism. megyn: that we heard. have they been asked about the interests national links on the record? >> reporter: no, that came after the briefing. i misunderstood your question. megyn: we are going to have continuing coverage on this. this is big. this is a huge development in this story. the reports this far suggested perhaps was a one-off. indeed it appears if the report is true, programs not. studio b with