you may remember we learned round of attacks from a captured german terror suspect who had been training in pakistan. is it all connected? greg palkot is live in london.

>> reporter: could be, megyn, could be. we've seen the same reports in the last 20 minutes or so coming from two different agencies. one report says five german militants have been killed in pakistan, another report saying eight german militants have been killed in pakistan, killed in a u.s. drone attack, this is an al-qaida stronghold, you can imagine what they were doing there. in the past week it has been reported that the increased number of drone attacks we have been seeing against pakistan, has been an effort by the united states to break up this alleged terror plot to targets -- target sites in europe. there's been another report that specifically there were eight germans and two britains said to be involved in this ring. getting back to your original report, what we were reporting to you last wednesday is that a

key figure in this, an afghan german we just learned today spent time in the very same town in summer, that's when he heard from the al-qaida operative that the plot was going to go forward and he heard, megyn that osama bin laden was not only behind it but helping to bank roll it, very interesting stuff. megyn: the u.s. government thought there was a credible threat, it issued this travel alert. a lot of people love to go to europe, in particular in the fall. >> reporter: we have found as americans always are with this, brave, stoic and they are moving forward. we get mixed reactions from authorities here, sweden and japan actually warning about travel to europe. germany is saying, no there is no imminent threat in their mind. the state department has we've been reporting has been alerting americans in europe of the possible attack and that they should take safety measures to protect themselves while traveling. we checked in with the u.s. embassy to say, hey are you

getting flooded with worried calls? no. they are also getting no cancellations, rec ration and business travel and we are out in the streets in front of buckingham palace and got a few comments from travelers here, americans in europe. take a listen. >> if you live in fear you wouldn't leave your house. you just have to be ever vigilant wherever you are. always keep your eyes open. >> i did not change any of any travel plans. i'm here on business, and i come here quite a bit, so i'll just keep my eyes open and hopefully things will work out. >> reporter: keep your eyes open is the bottom line, megyn and don't change your plans because some other guys are trying to make some nasty plans. megyn: that's not generally how americans operate. they are saying as we do here in new york if you see something, say something. there are reports now that airport lobbies in europe are on

the target list in this possible plot. they have been before with deadly consequences. this is the after math of the attack on december 27th 1985 at the rome airport. palestinian extremists threw grenades. the same thing happened at venice international airport. 19 innocent people were killed. kneel living stone will take us inside the new warnings and tell us where this thing could go next. fox news election alert now. brand-new poll numbers on the heated race between meg whitman and jerry brown the candidates running for california's governorship. this is the first poll that accusations broke that whitman knowingly hired or at least employed an illegal immigrant as her housekeeper. the rasmussen poll is tphoud leading -- has brown leading 49

to 44%. that is within the margin of error. trace gallagher live in our west coast newsroom with more. trace, could it be attributable to the debate, or is it as a result of the made scandal. >> reporter: it could be a little bit of both. the numbers are fascinating. meg whitman came out and said she cannot win the governor's case in california without latino voters. latino makes up 21% of california's voting population. i want to show you numbers to give you context of how this thing has flown along. back in january jerry brown had 23% latino voters. look at what the numbers are when the scandal broke. 3%, meg whitman had dramatically cut jerry brown's lead among latino voter. now as of today meg whitman has doubled the number of spanish language television ads she is running, also she is increasing

the interviews she is doing with spanish language television stations, and the debate this weekend was televised in spanish, and there were some blistering jabs about the housekeeper. watch. [speaking spanish] >> reporter: that clearly is the the khreut tal ad. in the debate meg whitman went off jerry brown saying he should be ashamed of himself. it is ready now. >> what would you have had me do? would you have had me call the attorney general's office to have her deported. what would you have me do other than exactly what we did. my husband and i played by the rules. the the fact that your campaign two weeks ago was talking about

the issue. the fact that you were joined at the hip with r*ed r ed it was a political stunt. >> you're the one that says everyone has to be accountable, this is a terrible thing we have all these millions of people. you don't want a path to citizenship. let's be sympathetic and epl pa size with the people in the shadows. >> reporter: the translation system broke down after that exchange they had to spate the candidates and take them to separate hold rooms. experts say meg whitman has been thrown off her game since the nikki diaz story broke. she came out and said jerry brown was using nikki diaz as a sacrificial lamb, that when jerry brown leaves the campaign she is going to be deported. well she is the most well-known illegal immigrant in the state right now and they have no plans to deport her. as they've said to us many times, they are focusing on

those who commit felonies and pose a risk to this country. apparently nikki diaz is staying, at least for the time being. megyn: notwithstanding a blatant admission by her attorneys that she falsified her 3-rbgs-2s and work documents and using her sister's social security card and drivers license, apparently homeland security not concerned with that. meg whitman is accusing gloria allred for cork straighting this political smear. she will be my guest live and tell us what is next in this case. don't miss that. the fragile housing market is taking an unsettling turn. three major mortgage lenders are admitting to botching thousands of foreclosure filings. banks are putting -- pulling back and putting foreclosures on hold.

stu varney is with us. the employees of these banks signed documents in foreclosure cases without verifying the information in them, what does that mean? you had a house that was potentially in trouble and they just says for close on them, who cares. >> reporter: you put it into foreclosure but you don't have the right documentation to do it. some of the signatures were false or forged we understand. some documentation simply wasn't there, recordkeeping was extremely lax. a paperwork mess which has led to three major banks holding off on any more foreclosure proceedings and halting the ones they've got going. think about it, if this extends to other major banks you will have a nation-wide blanket halt on the foreclosure business, which is huge. 300,000 new foreclosure notices go out each and every month. if they are all put on hold, if you freeze foreclosure procedures there is all kinds of ramifications for a housing market that is already in a mess. megyn: i want to get to that.

that is an important piece for the rest of america who is not facing foreclosure. i'm sure this comes as a consolation to people who had their homes foreclosed upon. now they find out papers are being signed without any investigation. there are families that lost their homes and life savings who got kicked out of their homes and now we find out maybe for nothing. >> reporter: that is one of of the biggest problems here. do you now go back and reopen foreclosures which have already been done with the family out on the street. megyn: you can't, those homes have been sold, sold and purchased. >> reporter: yes. megyn: what happens to the rest of the nation in all these foreclosures are put on hold in terms of the money market and the housing market. >> reporter: you've got moral hazard. those people who are in a home not being foreclosed on, not deliquent with their mortgages they are looking at their neighbor and seeing that that neighbor in foreclosure can probably stay in that home for a whole lot longer. who knows when they are going to come out. that is a moral hazard. that's treatment one way or one

group of people, treatment another way for another group of people. it is an absolute mess. now think about it, supposing you wanted to buy a foreclosed home, would you buy it not knowing for sure that the foreclosure is legitimate? and if you do buy it you really own it? megyn: what about the home that is facing potential foreclosure but it hasn't happened yet, isn't that driving down the market value of the other homes in the neighborhood. that seller is going to try to get rid of that home quickly to avoid the foreclosure, i guess, right and at a steal. >> reporter: it can work both ways. this could reduce the number of foreclosed homes coming onto the market, flooding the market and driving prices down. it could keep those foreclosed houses off the market, and as you say it could force people who might be in foreclosure in the future to sell it very quickly right now. megyn: i've been given a ra previous, let me get rid of it on my own. >> reporter: it's an absolute

mess jpmorgan chase, ali bank, gmac, and now bank of america and maybe others to follow when they see what has happened. megyn: stu varney thank you. a stunning new survey and sex in america revealing some changing behavior in the bedroom. some surprising results just ahead. now come on how can you miss that. we're getting reports today on president obama planning a new approach in the congress, in the weeks after the midterm with respect to the congress i should say. we'll show you what he's now expected to do. and this looks like a happy class full of children, but it is about to become a scene of carnage, in three minutes the public service announcement that is leading to public outrage. >> we're thinking of -- before

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megyn: outrage today following the release of a violent climate change video. the environmental group that produced it thought it would be funny. after only a few hours on the internet it had to take the thing down because of the massive backlash over the horrific content. now a warning to our viewers, what you are about to see is extremely graphic, please this will be disturbing to some of you. >> all right kids just before you go there is a brilliant idea in the air that i'd like to run by you.

it's called ten hen. the idea if everybody cuts their carbon emissions by 10% keeping the planet safe for everyone eventually. now no pressure at all it would be great to get a sense of how many of you might do this, just a rough percentage. fantastic. and there's more. phillip and tracy, fine, absolutely fine, your own choice. okay, class thank you so much for today and i will see you all tomorrow. oh, just before you go i just need to press this little button here. now everybody please remember to read chapters 5 and 6 on volcanoes except phillip and tracy of course.

megyn: that's what they thought would make you laugh. we stopped the video at that point because what happens next is even more horrifying than what you just saw. mark moreno is executive editor and chief correspondent for climate depot.com. we wanted to get the people behind this ad and they didn't want to come on and defend it. mark, thank you for being here. they pulled this, and i want to show viewers their explanation, their apology, quote, sorry we wanted to find a way to bring this critical issue back into the headlines wilst making people laugh and many people found the resulting film extremely funee but unfortunately some didn't, and we sincerely apologize to anyone we have offended. oh, well, we live and learn, i tell you, mark you show "little children" getting blown up because they don't want to support the folks who are actively involved in the global

warming issue and they thought it would be funny. is this how they are now making their point? >> this is sadly what they've been reduced to. this is a desperate group, the global warming promoters are desperate right now. president obama obama has failed them. the united nations is failing them. they needed to do something to get attention. getting attention was to blow up school children. many are defending it as satire and humor. this expresses a very deep sentiment in their movement of wanting to get rid of and silence global warming skeptics. we had grist magazine calling for in your umburg-style trials for global warming skep sticks. there has been a strain here to silence skeptics including tom

freidman because one party rule could get needed things down without the skep sticks, it's expressing a real concern. megyn: satire is one thing but blowing up "little children" in very graphic form and showing it for all the world to see, and the sound effects that go along with it, really shocking stuff here. this video goes on for several months as they do this to any person who express any skepticism about global warming. ming question to you, there are people on the far right and far left who unfortunately sometimes resort to violence to support their cause, could this be perceived as a rallying cry, an idea. >> absolutely. if you look at the discovery gunman. he was on the news ranting about the lack of coverage, he wanted to kill people. there are a lot of crazies up

there to get people jazzed up about harming people. intellectually the global warming fear promoters have used these tactics. they say it's criminally negligent to not believe in global warming. that rhetoric means something and it may cause people to act. megyn: in this ten-ten campaign which is behind it. they hired richard curtis who wrote four weddings and a funeral. it starts gillian anderson at the end. she is loving taking part in this ad showing the blowing up of these "little children." she is welcome to come on the program and defend the action. they put this out there and according to reports they used government-funded -- they used taxpayer money in great britain to fund it, is that the case?

>> yes the government has contributed to this organization. also major corporate sponsors have been behind this. major environmental groups have supported this. now the question is what kind of blow back will there be? will the corporate sponsors pull back? will the u. k. government demand the money back. we'll wait and see it just blew up a few days ago. let's hope eco snuff fill -ps aren't the thing here. megyn: it's one thing to promote awareness about global warming, what we saw there is quite another. mark i've got to go. thank you so much for your incite on it taking your thoughts at kelly at fox news.com. could there be a break in the murder of jonbenet ramsey. details on why police have just launched a new round of investigations in the last 72 hours and we'll tell you who they contacted. one of america's biggest

wireless providers having to pay up to $90 million in customer refunds. we'll show you who is on the line for the money. the results of a survey of america's sex habits in years. up next, who is doing what and why. megyn: megyn: [ commentator ] lindsey vonn! she stays tough!

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megyn: brand-new survey out today the single largest sudden deof sexual behavior we've seen in some time. who conducts these studies and who volunteers for them. results show baby boomers may need a little sex education. oh, really. trace gallagher live in l.a. >> reporter: it turns out the boomers, which i am one and you are not apparently are not practicing safe sex. the lowest use for condoms is 40 years and older. apparently they are not concerned about pregnancy but

they should be concerned about std's. teenagers are having less sex and safer sex. 2% of 14 years old report having had sex versus 4% of 17-year-old -- 40% of 17-year-old boys. about 5,800 people participated in this survey. let me give you the three big take aways. the one key finding and the biggest surprise was the varieties of ways that people are having sex. 41 different combinations. 41. really there are only 31 flavors of ice cream. 41, i don't get it. 30% of women experienced pain while having sex versus only 5% of men, and 85% of men report that their partner was, how do we say this, fully satisfied versus only 64% of women who report they are fully satisfied. megyn: you do the math.

>> reporter: something is going on there. we should note, by the way, this was paid for by the company that makes trojan condomming, they say the survey is still legit. that is who pays for it. it was all done online, you fill the survey in online and you send it in and they crunch the people. megyn: 5800 people is a lot of people who volunteered for that i love the 85% number, it's honestly like really, okay if you say so. it could be that the baby boomers, the reason that they are not seeing condom use among the baby boomers is most of them are married and in relationships unlike teenagers and people in the young 20s. >> reporter: there is a growing problem of boomers who are getting sexually transmitted diseases in their older age because they are having sex longer and more sex as they get out of these relationships. megyn: when when you say longer

you mean more years of their life. >> reporter: don't get me in trouble. megyn: i've got to go and get out of this. go study up we'll see you next hour. >> reporter: okay. megyn: thanks. okay. moving on, crucial midterm elections, 29 days away right now. but is the white house already planning a change to the president's agenda ahead of the vote count? our political panel on hand with a closer look of what what you can expect as of november 3rd. what was supposed to be a peaceful get away for this couple turned into a nightmare along the border. now he is missing and she is wondering who is hunting for justice. >> hello. >> are you sure that your husband got shot? yes. >> was he thrown off the jet ski and is he in the water some

place. >> yes he was thrown off the jet ski and i couldn't pick him up to get him on mine. let me tell you about a very important phone call i made.

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call this toll-free number now. megyn: the u.s. supreme court is now back in session with new associate justice elena kagan making her debut on the bench. the high court has already turned down hundreds of appeals. the federal investigators meeting for the fifth time to complain what caused bp's gulf of mexico rig explosion. at least one more series of hearings is expected. the april 20th explosion

killed eleven workers and led to the worst oil spill in history. in-vitro fertilization robert edwards has won the nobel peace prize. he developed it with another man. it has helped millions of couples have children. well it could be a whole new ball game for president obama come november 3rd. all nations -- indications are that he is facing much smaller democratic majorities in congress that is the best scenario for the democrats if not gop control. some staffers are saying the president is looking at scaling back his agenda in response to that likely reality. brad blakeman is the former deputy assistant to george w bush. dick harpoo tia n is a former democratic chair. the reports are president obama is going to scale back his agenda considerably but that he remains focused on getting some

agenda items through including on the following topics, energy, climate change, immigration, and terrorism policy. this is according to this white house staffer as reported in the white house journal. nowhere in here do they mention anything about the economy. >> megyn it is beyond me that this president doesn't see the handwriting on the wall as to what is important to the american people and what is important to salvaging his presidency. as republicans we hope if we make the gains we do in a few weeks we are going to be concentrated like a laser beam on the economy. we will work with the president on immigration, energy and other policies that are interesting to him but we are going to work on what the people want. megyn: he'll have to focus on energy, climate change and terrorism, the economy, 9.6% unemployment, foreclosures we just talked about with stu varney, the housing market is still in the tank. why is that not mentioned, where

is that? >> it's run through all the topics especially energy. now understand that until we get off foreign oil all the economic measures the republicans would have us take will have no impact. i've heard recently that one of the things that the federal government, that president obama may propose is that all governmental vehicles go electric or go hybrid. that would reduce our dependence on foreign oil, reduce the need, a huge amount of money that goes out of this country in a balance of payments which would create jobs here. the chinese are already beating us to death in terms of alternative energy development and in terms of jobs. that is number one we've got to get off foreign oil. megyn: is that what the president is going to say, we have to focus on climate change and foreign oil and that will get you your job back the millions of people who are unemployed. >> gas could be ten cents a gallon. what is the difference if you don't have a job to pay even the

ten cents a gallon. if you're out of work you don't have any buying power, stability in your life, no future for yourself or children. you guys don't get it. you're talking about immigration, energy policy, dull which is great things to do provided we have a healthy economy. having a good energy policy doesn't buy you a good economy. megyn: dick, let me ask you this, here is another interesting fact i saw, as you know and as president obama now knows it's very hard to get climate change or sort of energy legislation through the u.s. congress. we had the cap and trade bill go through the house then it got stalled in the senate, it's not going anywhere. listen to this over the last 40 years there have been 15 major environmental laws past. of those ten of the 15 were passed when unemployment was below 6%. how does the president even on a scaled-back agenda go after environmental changes, climate change, energy when we have april 9.6 unemployment rate?

>> i think all these energy issues are tied to job creation in this country. the chinese have created 6 million jobs related to energy efficiency, solar panels, electric cars, all those sorts of things. we've got to do this year. -- here. we've got to stop relying on the chinese, the germans anybody else we have to do it here. from a national security standpoint we have to get off foreign oil. it's not reducing gas to ten cents that doesn't solve the problem. we now have a president that understands that is heroin we have to get off of it. megyn: obviously if the gop takes control of one or more houses his agenda will get scaled back. he'll have to scale it back even if he loses the democrat particular seats in one or both houses as he is expected to do from both sides of the aisle.

i ask you, brad, what does that mean. if the president best case scenario can get through piece meal agenda items as he's running for re-election what position is he in as he runs if that's his legislative record, that plus what he did in the first 18 to 24 months of his presidency which according to the latest polls didn't really please a lot of the american people. >> if the president wants to salvage his presidency it's very simple he has to change in order to have hope to be reelected and hope to have some kind of legacy. this president needs to reach across the aisle. if he works with republicans on jobs first and tax policy he's going to get support from the republicans. on the other hand if he freezes republicans out the republicans will pass their own pills and president obama is going to have to change his name to veto because that's exactly what he'll have to do. it's going to be gridlock in washington if this president does not do what he needs to do and that is work with both sides of the aisle. megyn: brad makes it sound like

president obama basically needs to become a republican in order to get things through the next three years. he's not going to do it so what position will president obama be in. >> every time he's reached across the i'll in the last two years he pulled back a nub. he sounds a lot like newt gingrich in 1994. bill clinton won overwhelmingly because the republicans are being good at being no, anti. the last time republicans had control of the house, the senate and the presidency we got a w-rz and an economy that went into a depression. the people will remember that. >> here is what the. megyn: i have to go, quickly brad. >> we are not going to have 2,000 page bills. legislators are going to read it before voting on it and we are not going to have legislation shoved down the throats of americans. megyn: all right guys. thank you i appreciate you goat being here, thanks, dick. thanks, brad. 14 years after she was found murdered in her own family's

basement investigators have just launched a new round of interviews in the jonbenet ramsey case. the investigation is back open, folks and we'll show you why right after this break. we got brand-new polls in this hour on brown, whitman and the dust up over the illegal housekeeper. better than that we have the housekeeper's attorney, gloria allred joins us live to talk about whether this whole scandal that she cooked up. >> the fact that you are joined at the gloria allred gloria allred it was a political stunt. >> what happened here? you're the one who falsely defamed this woman by saying she stole your mail. it came out it's not true. megyn: megyn: boss: our breakout session is gonna be great.

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be sure to see your doctor if yoursthma does not improve or gets worse. symbicort is a good choice to help control my asthma all day and night. [ inhales ] [ exhales ] ask yr doctor if symbicort is a good choice for you. [ male announcer ] if you can't afford your medication, astrazeneca may be able to help. [ man ] then try this. new and improved freestyle lite® blood glucose test strip. sure, but it's not gonna- [ bp ] wow. [ man ] yeah, that's the patented eestyle zipwik™ design. [ woman ] did it just -- ta the blood? target the blood? yeah, it drew it right in. the test starts fast. you need just a third the blood of onetouch®. that is different. so freestyle lite test strips make testing... [ man ] easy? easy. [ man ] greatcall or click -- we'll send you strips and a meter, free. fr is good. [ man ] freestyle lite te strs. call or click today. megyn: we are getting new reports that the nrc, nuclear regulatory commission is planning on beefing up security at nuclear plants around the

nation. we are told it's a security measure to prevent any infiltration by potential terrorists. this coming after an audit conducted at the request of senator chuck schumer of new york. it calls for a better screening process of employees, identifying terrorist -- terrorists. a suspected al-qaida member was said to have worked at nuclear facilities in new jersey for six years before moving to yemen. reports out of dallas of an armed gunman inside the brooke haven college calm puts. that school now in -- campus. that school now in lockdown. an alert is out to all students telling them to stay inside while they sort this situation out. trace gallagher has the latest. >> reporter: this is north of dallas, this is farmer's branch and brooke haven college is a two-year community college. the information we have is that there have been reports of a gunman on campus, and they have sent out those email alerts that we have become owe accustomed to

over the past four or five years. an email alert has been sent out to all students telling them to stay inside their classrooms or dorm rooms because there are reports of a gunman on campus. we called the local police. they are telling us that so far campus police are handling this and that the local police have not yet been called in. it's a very fluid situation there at brooke haven college so that could clearly change if they do to in fact confirm there is an armed gunman on campus. for the time being the college cops are handling this within the university compound there. very little information, as we get it we'll pass it along. the school is on lockdown as we speak, megyn. megyn: as you get more bring it to us brooke haven college, main campus, dallas, texas. up next, folks mark fuhrman on what has led detectives to suddenly reopen the investigation into the jonbenet ramsey murder, that is the news breaking today.

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megyn: could there be a break in the unsolved murder of little

jonbenet ramsey? investigators now reopening the 14-year-old mystery surrounding the death of the child beauty queen. she was found skrapbg eld to death -- strangled to death inside of her home in boulder the day after christmas. before her family found the body they believed she had been kidnapped. there was a note and her mother made a chilling call to 911. >> 911 emergency. >> police. we have a kidnapping, hurry, please. >> explain to me what is going on. >> there is a note left and our daughter is gone. >> a note was left and your daughter is gone. >> yes. >> how old is your daughter. >> six years old. she's gone, six years old. >> how long ago was this. >> i don't know i just found the note. megyn: seven hours later jonbenet's father found his daughter's body in the basement, lifeless. at one point or another during

the investigation every single member of the ramsey family was under a cloud of suspicion including jonbenet's parents, john and patsy ramsey. why would police be reopening this case now. mark fuhrman is a former l.a.p.d. homicide detective and a fox news contributor. thanks so much for being here, mark. now we understand that they are conducting a new round of interviews based on recommendations from an advisory committee that's been looking into this. do we have any idea what the new focus is? >> reporter: well, megyn i think the new focus might be somebody finally read steve thomas' book the first lead detective after the first couple of days and he was told to cleanup all the mistakes. there is the first problem. there was never any doubt in steve thomas' mind that there was no intruder, that the person that took jonbenet ramsey into the basement and killed her was in fact somebody that was within

the household by permission, or there with the approval of the parents and/or the family. megyn: who does that leave? you've got john and patsy ramsey who a judge in a civil case many years later declared, or not necessarily innocent of the crime she said the evidence is much more consistent with an intruder than it is with the parents having killed jonbenet. then her older brother burke who was nine years old at the time of her murder who was also reportedly cleared. >> reporter: well, you know, megyn let's not count too much on what juries say especially a civil jury that only needs 51%. to actually bring in a verdict. but let's look at this, any prosecutor or detective knows this, you cannot exclude a person in the close circle around a victim until you can explain every piece of evidence, and there were several pieces on patsy ramsey that were never

explained. how can you have a ransom note that you can't eliminate the finder of the note and you can't eliminate the mother, both of which were the same person. now that is probably the only case in the history of crime in this country where that has actually occurred. megyn: and then jonbenet who was just six years old was not only found strangled to death but she had been sexually assaulted, which raised all sorts of questions about how the mother could have been the perpetrator, what is your theory on that, mark? >> reporter: well, i don't think that -- you know they can be mutually exphraous euf. she -- exclusive. she could have a history of sexual molestation from whomever. i that doesn't necessarily mean it's connected to the homicide. i think people get the sinister nature of this and want to weave it all together. i think the prosecutors, and defense attorneys and certain investigators did that very

thing. you have to see things as they were, somebody kidnapped a child -- megyn: they said that none of the dna of any of the ramseys, the parents or brother matched the dna found on the child's underwear, none of their dna matched. then they say they ran a check on all the samples in the fbi database sis looking for a child predator and none of the samples matched there either. your theory is there was a sexual molester in the family or near the family on a regular basis that happens to coincide with the murder? >> reporter: we don't know that, megyn. we have to deal with the facts that we have. in this case there is no evidence, and i don't know what the jury was presented, there is no evidence that an intruder came in. you have a multi-million dollar house with a security system that just happens to have an unlocked door that just happens to write a ransom notes with the occupants' paper and pen and doesn't kidnap the child and

doesn't ask for a ransom and takes the child down to the room that many people that the ramseys know that do not even know the room exists downstairs and they used available pieces of restraints and ligature to kill the child. does it sound a little bit ridiculous to anybody but me megyn there are -- megyn: there are so many questions associated with this case. her older brother burke was contacted. he has not yet been interviewed. >> reporter: can i add one thing, megyn. megyn: quickly. steve thomas, the lead detective in this wasn't able to interview anybody for two months, and then only patsy and john together, so there is the first erosion of a proper investigation, the possibility of a solution when the crime occurred. megyn: so many questions still out there, mark. thank you. appreciate you being there. folks, we could be soon getting

a verdict in this horrifying murder case out of connecticut, a father beaten and left for dead, his wife and two daughters brutally murdered and today we may finally know the jury's verdict.

megyn: fox news alert. we are getting reaction from the white house to the terror threat against american travelers. reports of a plot in the planning stage designed to kill tourists overseas. american tourists. airport lobbies filled with innocent civilians waiting to pass through security thought to be a major target for islamic extremists linked to osama bin laden. moments ago press secretary robert gibbs talking about the administration's concerns over keeping americans safe. >> we are concerned enough to alert those that are in europe

to be alert to their surroundings. that is -- that's what the state department's job is in issuing such an alert. to insure that they are aware of that and they remain safe. megyn: what does that mean and what are americans supposed to worry about? neil, thank you much for being here. they are warning any american traveling overseas, especially to europe, they need to be concerned. they need to be wary. they are not saying cancel the plans. but we could be potential targets. my question to you is potential targets where? where do we most need to worry, what do we need to look for? >> there are three areas of concern. one are national man oughts overseas -- national monuments like the eiffel tower. we are concerned about subway

system, the light rail systems. and finally airports in particular because as you said earlier, a will the of people going to europe, you can approach a ticket counter without having to go through security. it's only you have a get to the ticket counter and have a ticket do you normally go through security. a lot of people there, you can walk in with guns. you can walk in with grenades and open up on the people inside. that's a real concern. megyn: you say one of the nightmare scenarios is there could be a series of coordinated attacks, one past other or simultaneously carried out not once we have gotten past security because you have gone through the magnetometer, but when we are at the ticket counter getting our affairs in order. >> that's right. if you have one incidents at an airport, a large incident in the area before the ticket counter,

you are probably going to shut down that airport and it will have ripples around the world. if you hit six airports in six different locations, major airports at the same time you are probably going to shut down the entire international civil aviation system. they are going to do as we did on 9/11. we basically grounded all aircraft. at that point we are going to see probably the globe shut down airports everywhere until they can set up some type of security system. megyn: what will happen specifically? how direct do you think the threat it at this point for the state department to have issued this warning? it's more than chatter. >> a lot of it comes from an individual that was arrested in germany that has been interrogated and was trained in pakistan. he knew that osama bin laden had actually in his words said to their jihadist organizations and

other parts of the globe, this is something we want to do. we want to carry out mumbai-style attacks against tourist, hotels, and light rail airport.. megyn: why target westerners in europe as opposed to coming to america and doing something here. >> the europeans are having a lot of second thoughts about being part of the coalition in afghanistan. there is a lot of internal descent over that. if they show they will be in the crosshairs because they are supporting u.s. policy in afghanistan. some of those countries like spain did after the rail attacks, they may drop out of the coalition. megyn: any particular country you think we should be looking at? >> well, the brits issued their own travel advisory and they focused on france and germany. by it's probably any country in

europe. you will probably see secondary targets like italy, spain and so on come into play. megyn: just going through the airport in one of those cities could potentially endanger you. we confirmed the european terror alert prompted a security exercise at ramstein air base. the exercise is involved a 6-hour curfew, service members were told not to wear their uniforms away from the base. security tightened around the base. the exercise and the curfews are now over. plus some key senators on the homeland security telling us they are getting briefings on this now. the terrorist threat to this nation and our allies in europe remain a cause for concern and echoing the state department's warning to americans overseas.

senator collins says she was briefed last thursday and she is expecting another briefing today. as we learn more we'll bring it to you. candidates? connecticut's senate race are getting ready to square off in a critical debate moderated by our very own bret baier. according to the latest quinnipiac poll, blumenthal leads mcmahon by just 3% points. carl cameron is live in hartford, connecticut. so what does linda mcmahon do today? she has bent underdog. she tightened this lead by her oh own don't 3. what does she do today? >> you can find a poll that says just about anything these days, megyn. no question about it. linda mcmahon has scratched back from three dozen plus points

behind to what in the last couple polls suggested is a dead heat. you can find a poll for just about anything. we are in the final month. there is a huge debate. linda mcmahon is attacking richard blumenthal on essentially what is old news but politically potent. going after the attorney general, richard blumenthal. he's a popular attorney general. but earlier in this cam paint was discovered he had been misleading the public about his personal resume. he suggested he served in vietnam. that's not true. and he has been called out on it. he has apologized. he says he misspoke. he misspoke repeatedly. on this day one month until the elect and with this debate looming mcman hits him with this ad. >> i'm linda mcmahon and i

approve this message. >> would you lie about serving in a war? >> we have learned something very important since the day i served in vietnam. >> he did it again and again. >> when we returned we saw nothing of this gratitude. >> he covered one lie with another. >> the days i served in vietnam. >> if he lied about vietnam, what else is he lying about? >> there was a time in american politics when you used the "l" word everybody would gasp. but now they are calling each other liars virtually every day. it gives an illustration of one of the things that's most frustrating about richard blumenthal's campaign. they say he's not attacking as aggressively as he should against linda mcmahon who is the former ceo of the world wrestling entertainment.

she knows how to fight. democrats would like to see blumenthal show some of that fight. linda mcmahon's company has a controversial history that some of its performers have a high rate of drug abuse. they have been injured in their wrestling bouts. it is entertainment and there have been some unfortunate and controversial deaths of the performers. democrats would like for blumenthal to hold democrats to task for that. all of this suggests this is a campaign about personality, character, trust and integrity. but voters are ticked off about their pocketbooks, jobs and economy. connecticut is hurting and if anything is going to decide this race it will be whether they think either one of these senate candidates will rest them in washington. megyn: it should be interesting tonight. carl, thank you. a fox news alert. this is a big one. i'm being told the judge is calling in the jury in the petit

family murder case in connecticut. the judge is calling in the jury. this case has been going on for a couple weeks. two men, one who is on trial accused of murdering this mother and her two beautiful daughters while the father escaped within inches of his life. we'll have more right after this break. she is leading a charge against california's republican candidate for governor. attorney gloria allred representing meg whitman's housekeeper. whitman claims this is a political hit job by opponent jerry brown who put allred up to this. >> a multi millionaire doesn't think -- >> that's blackmail. you are blackmailing her. she looks like the creep because she is the rich person against the person who is here illega

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megyn: in washington president obama is holding a meeting with his economic recovery board. he's expected to announce new initiatives. that event streeping live on foxnews.com if you would like to watch that. fox news alert out of nevada. sharron angle's campaign confirming it is candidate age hole is heard on an audiotape that turned up blasting the gop. she is the republican senate candidate who is looking to unseat harry reid. she made these comments during a closed door meeting with a third candidate in this race, a tea party candidate. there is technically this other guy, scott ashtan. angle encouraged him to drop out

of the race. she said i believe you can do some real harm not to harry reid, but to me. i'm not sure i can win if you are hurting my chances. and that's the part that scares me. hugh height is a radio show host. now it depends on how consult when you ask what this tape means. it is anybody's ballgame out there in nevada. it is not ashtan's ballgame. he tries to pursuade him to get out of the race. but she says the following about the republican party. the republicans -- not the one about demint. the other one. stay with me as i get it on the screen for you. the republicans have lost their standards. they lost their principles. that's why the machine in the republican party is fighting against me. she goes on and on in an unflattering way. that helps or hurts her?

>> i waited to see what the transcript was before calling. i agree with "the washington post," at worst it's mildly embarrassing. i think sharron angle walks away from this with increased credentials for people with the independent persuasion. she is siding with kennebec in colorado and joe miller in alaska and ron paul in kentucky. even though she is illegally i suspect taped by this third party guy, she is a then particular as to what she says said before. megyn: she doesn't love the grand old party. >> i think at the end of the day the people looking to get rid of harry reid will be pleased if they have a tough talking authentic sharron angle on the ballot. i think it hurts this so-called tea party candidate.

megyn: ash ijan says to win you have to get on the ticket as a democrat store republican. she doesn't like the republican party. she says they have never gone along would lower taxes and less government which is what she stands for. i think you put it in the most flattering light for dement. she is talking about what she can give him to get out of the race. this is where candidates go wrong. nothing wrong with saying why don't you get out of the race. but you can't offer something of value in exchange for doing it. here is what she says. firsbefore she gets to that. that's all i can offer you. whatever juice i have, you will have as well. you want to see deminute? i have juice with him. i go to washington, d.c. and you want to see jim demint, he's right there for me. i want to see tom coburn web's right there for me. i want to see mitch mcconnell, he's there. i'm not saying this is a

potential crime. but it sound she is establishment for the person who is supposed to anti. >> demint and coburn are the voice of the popular uprising. they want to slash spending and put the country on a strong financial basis. when she says that i will go and work with demint and coburn for your issues, i don't think it will be read like an access offer as some of the left has done. that takes me to what the left has been doing. here trying to use diversion tactics not just in nevada, but in california with the reversal red torpedo and they are trying to get voters off what matters most to them which is fear and angered over broken promises by obama. so when angle goes into a meeting, i think she is ringing

every bell. megyn: why is she saying i can offer you juice i have with mccobble and demint. ash ijan is the owner of a paving company. why does he need juice as an asphalt company paving company with mitch mcconnell. >> if i believed for a moment that's what i was talking about i would be joining any critic of sharron angle. when she says juice i believe she means when you want to come back and hammer on spending and the growth of government i'll take you into see demint and mcconnell and coburn. the liberal media is all over this. it's like someone complaining to their bank they have been unjustly denied a deposit. and the media saying take a toaster. take this story over here. worry about whether or not juice matters. i don't think it's working. it's not working in california.

i don't think it will work in california. i don't think it will work anywhere because people are so concerned that the country get back on fiscal sound ground. i think sharron angle if you read this tape, listen to it. she was defrauded by this guy. she did not betray her principles. megyn: thank you so much year your insights. megyn: he passed the bar with flying colors. but this attorney didn't make it very far in his firm. how a nude male only retreat may have gotten him canned and he's not happy. meg whitman's housekeeper claims she was abused and fired. california's republican candidate for governor claims it's a hit job on her by her opponent. celebrity attorney gloria allred is leading the charge. gloria allred here live just ahead.

>> i'm doing this because i am know that a lot of megs out there who are mistreating the nickies who work so hard for them. knows how to make things that are good for you. new v8 v-fusion + tea. one combined serving of vegetables and fruit with the goodness of green tea and its powerful antioxidants. refreshingly good.

megyn: breaking in a connecticut courtroom. the case has rested and the jury was just called into the courtroom in this case that has horrified the nation. jennifer hawke petit were brew alley murdered. the mother was raped and strangled. her daughters died after the house was set on fire after the young are child was sexually

assaulted. william petit, the sole survivor of the family is waiting for justice. why was the jury called in, where do we stand now? >> the jury has gone into deliberations. the judge charged the jury going over the instructions, that the jury needed to come in for clarification. the defense attorneys in this case wanted clarification on one of the counts and wanted to talk about how the exhibits would work as far as how they would be brought into the jury deliberation room and what they would see. 200 pieces of evidence that were shown during the trial will be brought into that room. we know from watching the jurors in this trial that a lot of those exhibits for hard for them to watch. specifically the crime scene photos that we'll pass around were too gruesome and heartbreaking to show in open court. that of the bodies that were found on the bed.

we have seen the pictures of the burned out beds that were inside the petit home. the jury had a difficult time seeing that. a couple of them did cry. but they are in there now, they have begun deliberations. we'll bring you the latest from the courtroom when they start asking questions. megyn: what a task they have before them. the terror threat overseas, security tight in europe now a brand-new country is urging caution. details on that. the housekeeper controversy could be hurting meg whitman in the race more california governor. now lawyer gloria allred going one step further saying she has proof whitman knew her housekeeper was illegal and she'll be here live to respond to the charge that this is a political smear. >> her attempt to deceive the public and hide the fact that she knew that she was employing an undocumented worker long before she fired nicky in 2009,

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megyn: japan issuing a travel alert, joining the u.s. and great britain urging caution to folks visiting europe. a plot by al qaeda it's alleged is targeting europe. rahm emanuel is kick off his bid

to become chicago's next mayor. kenneth feinberg says he will no longer rule out claims from victims who are not located on the coast. a bit of a boost in the polls for california's democratic candidate for governor. jerry brown up slightly over meg whitman after the saga surrounding meg whitman's housekeeper made headlines coast to coast. gloria allred claims windsman knew her housekeeper was illegal more years. whitman faced jerry brown in a heated debate. >> after november 2 no one will be watching out for nicky diaz. jerry, you should be ashamed one and your surrogates put her

deportation at risk. you put her out there and you should be asmaimed for sacrificing nicky diaz on the altar of your political ambitions. >> you have blame me, blame it left, buff you don't take accountability. you can't be a leader unless you say i made a mistake and i'm going on from here. megyn: gloria allred is the attorney for whitman's former house keeper and she is my guest. you said nicky diaz was referred to you as a client. by whom was she referred? >> she was referred to me by another attorney, and that is a common practice. megyn: someone with ties to jerry brown or any member of his campaign? >> this is just a person who referred her to us and we never comment on who refers cases to us. megyn: the allegation is it's a political smear, a political

connection. so if you would just say this person is not associated in any way with the jerry brown campaign you could help put that to rest. >> i have been practicing law for 35 years. i never ever say who refers cases to us, whether it's an attorney or anyone else. in this case i'll say it was an attorney, but that's all i'm going to say. i'm not going to change our longstanding policy. megyn: it's not a breach of privilege or a breach of that person's privacy to say yes or no they are affiliated with the brown campaign. when you won't right out it adds fuel to the fire that they are using you and by extension your client as an instrument. >> well, megyn, anyone who thinks i can be used for any purpose has obviously not watched my career for the last 35 years. by the way, i don't even know the public should be aware of chapters in my book fight back and win where i have criticized

jerry brown. the first news conference i did 35 years ago was where i spoke on behalf of the national women's political caucus and criticized him for not appointing enough women judges. megyn: but that doesn't mean you are not a supporter of his in this race. you are in the denying you support jerry brown over meg whitman in this race and you did before nicky diaz became a client. >> in this race i have not taken a position. i haven't endorsed either candidate nor have i contributed to either candidate. megyn: but you contributed to jerry brown in the past. >> i have not spoken to a member of jerry brown's campaign staff about this issue. megyn: you are a well-known democrat is donor. i'll leave it to the viewers to decide.

i want to talk about two things about the case. let's talk about the meat of what's been filed. a complaints for back pay and for mileage with basically the labor bureau out in california. you say she got paid $23 an hour, and that was exploitation. a lot people knowing the minimum wage say they would love to be exploited in that manner. >> that's not an accurate characterization of what i said at all. it's completely false. what i have said is that she was required to work 15 hours a week which she did at $23 an hour. but that after she was hired, other responsibilities other than house keeping were added to her job duties and that caused her in many cases to in many instances to work more than 15 hours a week. but even though she told her employer that she was going to have some work more than 15 hours a week to fulfill all of

her added job responsibilities, that she was told that even so, she would only be paid for 15 hours a week. megyn: that could be because $23 is a premium. when you pay a housekeeper $23 an hour you expect her to go beyond the mopping and sweeping. did your client complain directly to the whitmans or ask for mileage? >> i'm not going to say what she asked for. megyn: did she ever raise it as an issue which you know is relevant whether she gave notice to the employer is relevant. >> the employer was aware that she indicated she could not possibly do all of the jobs in 15 hours a week. to add to the house keeping, driving the kids to -- megyn: i hear what you are saying. did she object? did she object? she has to raise it with the

employer. did she ever say to meg whitman or her husband, not only can i not do it for this salary, but i object. because we agreed or 15 hours and i refuse to do more? >> she didn't say i refuse to do more, but she was told -- she was told after she indicated that she was working more than 15 hours a week, that she needed to prioritize, and she was not going to be paid more than 15 hours a week and she had 0 get the job done. megyn: did she prioritize to get her responsibilities within 15 hours? >> it's easy for people in your position and my position perhaps to assert that kind of power. a housekeeper who really needs her job is generally not going to say no to her employer because she doesn't want to be fired. megyn: it's tough for employers to be clairvoyant and sort of discern from the ether this is

going to turn out to be an objectional thing to the employee. i want to move onto the second part. >> i agree with that. nobody should have to be clairvoyant. but she did indicate she needed to work more hours. megyn: you said that. here is the second thing. the other thing dish want to move on to this next point. the other thing we saw last week was you with a big letter that came from are the social security administration addressing a facts that there was a problem with the paperwork and meg whitman's husband handwritten notation on it, saying nicky, look into this. meg whitman said i don't know anything about that letter. then you wait until then to come out with the letter. sew it looked a little like a political sandbag. why didn't you just bring that letter out the first time and say they got this letter. you waited for her to deny it almost as if you have a

political agenda and were setting her up, gloria. >> i actually thought i was being extra nice in the first news conference when i was asked for evidence about the letter that i gave actually some notice to meg whitman by saying the specific date of the letter and telling the press who probably went back and told meg whitman if she denied it i would produce the evidence, which i did. megyn: you have a letter -- we saw the letter. it's an interesting part of the case. but legally what relevance does it have? the letter doesn't say you have got an illegal working in your house. it says there is not a match on the documents. the reason for that is your client lied to the government. she used her sisters driver's license and social security card and she lied under penalty of perjury. she lied under oath to the government about her legal status. there was a red flag raise. they asked meg whitman to follow

up on it. but legally, legally she had no obligation to foul on that letter and if she had questioned her maid, nicky diaz about her legal status after nicky provided her with a driver's license and social security number and acertain under penalty of perjury she was in this country legally meg whitman could have been subject to a discrimination violation. >> i disagree with you. megyn: that's a factual statement of the law. >> may i just complete my sense, please. i disagree with you, megyn, that regular whitman and her husband had no obligation to do anything once they received that letter. megyn: let me quote, then i'll let you respond. i'm going to give you the floor. i want the viewer to know where i'm geght it from. an a labor employment attorney

at the immigration law center in l.a. that defers immigrants, quote. there is no additional legal obligation for an employer to follow up or respond to the social security administration with new information. then more from the american immigration lawyer's association. quote, not only is accepting the documents that the illegal would provide, all the lawyer required her to do, but there is a counterbalancing antidiscrimination law that keeps her meaning whitman from probing further or demanding different documents. you go. >> the answer is simple. anyone who looks at the letter will see what the government instructs the employer to whom that employer is sent to do. number 5 says that the employer must fill it out and return it to the government, to social security.

that was not done. obviously it wasn't done by dr. harsh or meg whitman because they denied receiving it. they did not follow the clear instructions on the letter. i don't care what anybody else's legal opinion is. all you have to do is read the letter. megyn: the letter has nothing to do with your legal case. your legal case is about her being underpaid and not getting past mileage. you are focused on this letter which these other legal experts say does not indict what meg whitman did. your focus on it is what leads many to believe this is about politics for gloria, it's not about the law. >> if the government didn't want any response or didn't care if there was a response. i wonder why it says requirement in the enclosed envelope. but let me address your other points. we are not filing a lawsuit over this. we never said we are filing a lawsuit. this is about meg whitman, her

hypocrisy. her saying employers should be held accountable for hiring undocumented workers. where is she taking responsibility? it's about the fact she denied ever receiving the letter from social security which puts her on notice there is a mismatch in the social security numbers. and a mismatch is often a tipoff the employer i hiring an undocumented worker. megyn: i'll leave to it our viewers to sum up what you just outlined is a legal complaint or a political one. gloria, thank you so much for coming on. all the best to you. seven years of school couldn't possibly prepare him for this. a west coast attorney fired from his firm because he refused to attend a company retreat. one that involved nudity, sex toys. next in "kelly's court." [ male announcer ] if you've had a heart attack caused by a completely blocked artery,

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megyn: "kelly's court" is back in session. steven eggleston * suing the law firm that fired him. he refused to attend a male bonding boot camp. they pushed associates to sign up for the new warrior adventure. a mountain retreat designed to redefine modern masculinity. a bunch of buck naked dudes discussing their sex suit while passing around a wooden phallus symbol. mark eiglarsh, you say this is okay to say to your employees, let's go on retreat and get naked and we may or may not touch each other.

>> no, i'm not saying that. they didn't force him to go. and he chose thought to go. they are going to allege in his salute that it was his poor performance and that was the reason why his salary literally diminished. megyn: they say this is a touchy feeley kind of firm. they encourage yoga. they want people to go to tony robbins seminars. is that a reasonable defense? >> the best argument he has going for him is that in the 8 mose's with the firm, he brought -- in the 8 months he was with the firm he brought 800 personal injury cases. he's a former chiropractor. he has a stream of clients. i don't care what he does on the weekend. bring in those clients and i'm

happy with you. megyn: what about it, mark? even if he's a bad employee, the firm allegedly said to him we want you to go. when he wouldn't they started docking his pay. he did research into this group, when he researched what goes on at these retreats, and asked if touching goes on a representative said that can happen. it's not required. but sometimes you look around the naked circle of men and the hands are not where they are supposed to be. >> i'm not going to defend this program. megyn: would you go? >> that's a personal question. he was docked because his performance stunk. you drank a 2 liter bought of gullible this morning when you think a firm will let someone go who is bringing in $2 million in

business. megyn: it's the same as the guys going to the strip club, and suddenly you are not geght the choice assignments. >> if they asked him to go to a continuing legal education class or some lawyering seminar and he refused to do that they would be on much more solid ground. but to go to some self-exploration thing and he says no and his paycheck gets diminished, when he's bringing all these new clients in. megyn: isn't it sexual harassment for the employer to say go to the stem far. >> that's not what happened. even the other partner chase has never been to the seminar. how critical to the seminar is the firm if the other named partner has never been. megyn: interesting debate. thank you. one final word to our viewers. naked male retreat not appropriate for the office.

note to crappy employees. if you stink at your job, invitations to retreats are no excuse to blame it on. let's get chinese. should we order panda blossom, panda moon... how about chinese at home with wanchai ferry?

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megyn: the push to legalize pot in the golden state is getting big lifts from big labor. two of the state's top unions are supporting the ballot measure. anita vogel has more from l.a. >> reporter: the proposition is up in the polls and it's getting support from unusual places. two of the biggest unions in california wbtd seiu, the service employees international union, they believe legal eyeing

pot will go a long way toward raising tax revenues and creating good jobs. >> we have a $20 billion deficit. we have the potential according to the board of equalization in california, we have the potential in the first year for $1.4 billion and that's just in excise taxes. those are the state's numbers. those are not the campaign's numbers. >> reporter: the union says there could be $70,000 good jobs created with evening and benefits. the drug enforcement agency is raising the matter with attorney general eric holder. in their right would be a clear violation of federal law which bans the sale of illegal drugs like marijuana. >> if prop 19 were passed it would be void, it would violate

the supremacy clause. we are asking the attorney general to take a look at this and move as promptly with respect to prop 19 if it passes as the justice department did with respect to let's say the arizona law with respect to immigration. >> reporter: governor arnold schwarzenegger just signed a bill that would reduce the penalty for possession of marijuana to an infraction like a traffic ticket. megyn: we'll have more right after this break. f captioning made possible by fox news network

>> sir winston churchill rock out, the world war ii leader scoring a victory open the pop charts. an album featuring the most famous speeches has been set to music hitting number four on the british charts.