tv America Live FOX News October 6, 2010 1:00pm-3:00pm EDT
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jenna: they are naked in that ad. this is to promote absentee ballots, you can vote naked in your own home. jon: voting day in your birthday suit. thanks for joining us. jenna: "america live" starts right now. megyn: fox news alert a short time ago texas governor rick perry not mincing any words giving mexico 48 hours to find and return the body of american david hartley. hartley is the man who according to his wife as you shot and killed by one of mexico's most notorious drug cartels. that's where we begin this hour of "america live," everybody, hi, i'm megyn megyn kelly. the governor of mexico is ramping up this case and pressure to find the body of david hartley. hartley's wife say they were ambushed while jetskiing on the mexican side of lake falcon.
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they are looking for his body this very hour. renewing governor perry's push for the obama administration to secure our southern border as drug related violence hits too close to home. trace gallagher has more. >> reporter: mexican authorities want to talk to tiffany hartley about some of the inconsistencies in her story. we'll get to some of the questions in a bit. there is one thing that both sides of the border agree on and that is once you go from the u.s. side to the mexican side in lake falcon it is a lawless, dangerous area. everybody is wondering why the mexican authorities have not done more to find the body of david hartley. now we have our answer, and it comes from the mexican police commander who is in charge of this investigation. he says that mexican soldiers and sailors are taking part in this search but this is a conflict zone, he says. the zone where it happened is in control of organized criminals, that is their territory. texas law enforcement adds that drugs have been flowing across
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this lake now uncontested for years. and now the drug battles in this lake are now spilling into the united states. here is texas governor rick perry this morning talking about this on "fox and friends" listen. >> this is a bayh national problem. we need to be helping mexico fight these drug cartels. the fact of the matter is i think both governments have failed and all too often these drug cartels are the law along the border of mexico and texas. >> reporter: the tech as governor is now asking the mexican president felipe calderon to bring hartley's body to texas some time in the next 48 hours. now mexican investigators say they don't know where to begin. they got coordinates from the u.s. officials about where david hartley was last seen on the lake. they say they went out, searched talked to fisherman and ranchers in that area, it was calm and those people they talked to didn't hear any gunshots.
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they didn't even see any jet keys out there -- jet skis out there and now they believe the answers to those questions lie with tiffany heart leave. they want to talk to her about why the sheriff in texas says there were two boats and she says there were three boats. and she told one person they were chasing her and shooting shots as she was fleeing back into the u.s. telling somebody else and other news agencies that they had guns to her head and they left that's when she left. both sides trying to figure out where the inconsistencies might fit into the whole thing, megyn. a lot of questions. jenna: this has literally become an international incident with governor perry calling directly on mexican president felipe calderon to do something about this. sheriff zigi gonzalez jr. is working on the search on the u.s. side of the border. he's basically the go to guy on
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this side of the border. he will join us live this hour with new details on this case and whether or not mexican authorities have reason to doubt tiffany hartley's story. don't miss that. we are getting word from overseas that al-qaida may be to blame for a rocket attack earlier against a top british diplomat in yemen. gunmen firing a rocket at a armored car while on its way to an embassy. britain's number two dip phra math hapb staff members were inside the vehicle. they suffered minor injuries. security has been tight end around embassies after reports of more possible attacks. jeff morel says he expects the spat between the u.s. and pakistan to be resolved soon. he's talking about the violence that has been erupting along pakistan's border and afghanistan. today marks the 6th attack on convoys taking supplies to u.s. and nato forces since pakistan
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closed a keyboarder crossing near here one week ago. they shut down the crossing in anger over a nato air strike that left three pakistani soldiers dead. coming to a head at the highest court in the land, you must recall this case, right, members of the westboro baptist church protesting at troop funerals across the country holding up incredibly offensive signs and arguing that that is their first amendment right. they are ticked off about the "don't ask don't tell" policy in the military because they hate gays. whether your fallen soldier is gay or not they show up at the funeral and try to make point. one father says enough is enough, suing the group and winning but then losing the case on appeal and ordered to pay some of the church's legal costs. back in march that father appeared on this very program. i watch your situation, and the
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mind is boggled as how you could wind up here. i know it's a matter of first amendment free speech but the u.s. supreme court is going to tell us once and for all if that is the law with respect to the protestors. when you find yourself here having to cut a check to the people showing up at your son's funeral shouting such hate about him and others, our men and women in uniform, what does it do for you? >> first i all i don't think i'll be writing a check until we hear from the supreme court. we're hoping the supreme court will reverse the decision and this matter will be cleared up. megyn: james rosen is live at the supreme court with the latest. james. >> reporter: i had the privilege of observing the oral arguments in this case. all nine justices of the supreme court were on hand, only eight of them participated in the questions. as usual justice clarence thomas remained silence as he typically
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did. the justices gave both lawyers a hard time in this case. representing the westboro baptist church was margie phelps herself and attorney. they asked about the facts in this case, where the protestors stood, if they disrupted the service. what was said on the internet late. they talked about hypothetical cases as to where the lawyers would draw the lines. gwynn r-r -- ruth bader ginsberg asked questions. sonia sotomayor says do we look at the words on the sign alone or all the other signs. she asked would it make a difference if i'm directing public comments to a public figure in terms of meeting the standard for infliction of distress. they questioned margie phelps and asked why should the 1st amendment tolerate he can
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phroeuting a grieving family when you have so many other forums. scalia says what is outrage us is more outrage us than fighting words. justice sonia sotomayor again said what you haven't explained to me is how your speech is public see much. there were a couple of interesting moments inside the courtroom. sonia sotomayor misspoke at one point. instead of referring to the iraq war we made reference to the iran war. scalia had a moment of levity, they wanted the grandmother to be very peace loving. scalia intervened and said, she's a quaker too. megyn: he's always known for his quick wit on the bench. thank you for the report. as you watch "america live" you
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can watch and read more about this case. you can log onto foxnews.com to hear more about it. we are getting word today of a new federal program offering interest-free loans to jobless homeowners. they are rolling it out in massachusetts with about a billion dollars in taxpayer funding to start it. stu varney, host of varney & company on the fox business network has thoughts on it. he's my guest now. it's interest-free loans to people who don't have jobs. >> reporter: if you lost your job suffered a big decline in income and you are three months in arrears on your mortgage you're eligible for a loan, no interest up to $50,000 up to two years. jenna: it sounds -- megyn: it sounds compassionate. >> reporter: yes it sounds humanitarian but there are questions raised. will the taxpayers get our money back. who will get the loans. is it targeted at people who may
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vote a certain way? are the politicians distributing taxpayer money to buy votes. megyn: why is there the allegation that it's political. >> reporter: because it will be handled by specific politicians. they are the ones that are directing the money within any constituency. housing of urban and development will say who gets the loans, who is in, who is out. they will be politically directed. there is always the suspicion that there is political motivation behind the give away of taxpayer money. megyn: how big is this program? >> reporter: this is one billion dollars. this is the latest tranc h-rb e in another $7 billion program that provides interest-free loans for jobless people who are homeowners. now you're up to $8.5 billion. megyn: you raise a good question. whenever you apply for a car loan, a house loan they look at your credit, your history and your employment to see if you
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are a good risk, if you will pay the bank back and our government normally does the same thing. that is our money we have to make sure we get paid back. >> reporter: what security do we have that the taxpayer will get their money back? what security can the distressed homeowner offer, the home? certainly not. the car probably not. cash definitely not. megyn: aren't a lot of these folks getting unemployment benefits if they are jobless. >> reporter: i presume. megyn: isn't that supposed to help the person out of work? how many government handouts can you be eligible for? >> reporter: you'd be subject to help with your heating bill, food stamps, unemployment benefits, medicaid. there are a whole raft of programs that will supply you with services and cash to make your life hole and now an interest-free loan if you're jobless and own a home and you're underwater in your mortgage. >> reporter: the. megyn: the taxpayer has a
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significant amount of risk and no benefit. >> reporter: it's a humanitarian gesture. that is the benefit to our society. megyn: hopefully they get jobs, but that's a risk. governor jan brewer of arizona says her state is under attack from ten different countries south of the border, all of them planning to tell the ninth circuit court of appeals why a new arizona immigration law is unconstitutional. really? brazil is going to explain it to the court? monica crowley is next on that. firefighters literally standing by and doing nothing as a house burns to the ground all because the homeowner didn't pay a $75 fee. he was there begging them to help. we'll see who is going to pay now. and an awful decision for a police officer coming under vicious attack, look at this. he had nowhere to retreat. we'll show you what he did and where the case now stands.
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arizona's immigration law. >> reporter: when you think you've heard it all in the age obama some outrage us necessary hits you. this is beyond belief, now we have eleven countries the ones you just named piling on in addition to our own federal government, piling on the state of arizona. frankly, i blame this administration, i blame ez president obama and the attorney general eric holder for opening the door to this kind of offensive absurdity. they are waging war against the american people. they are waging war against one of our 50 states. what they have done now is cracked the door open for 11 other countries to weigh in against the american people, against the state of arizona. it is outrageous and a violation of american sovereignty. megyn: jan brewer is scratching her head. i don't understand why we are looking to bolivia for the constitutionality of an arizona state law. how is it helpful what costa rica thinks about our law.
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how does it help the ninth circuit decide. there is a split among judges as to whether you should look to foreign law to decide constitutional matter and look to foreign countries for their opinions on the constitutionality of the laws. i guess the ninth circuit which is very liberal thinks it's relevant. >> reporter: let's take a look at how all eleven countries treat their own illegal immigrants. from mexico, to peru, to bolivia, not very well. if you cross the state you're going directly to prison. there is no due process in these countries. the second point i want to make is that this seems to be a concerted effort on the part of obama and holder to do exactly what you just mentioned, megyn which is open the door to international law, to have international law hold sway over the u.s. constitution and over the u.s. code. the u.s. code -- because we know
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that they are sympathetic to that already. megyn: they think the arizona immigration law is going to affect citizens coming from south of the border into arizona and affect relations between the united states and these countries south of the border so they want to weigh in, sort of bolster the doj's argument that this should be a matter for the feds to decide and there are international relations at stake as a result of the arizona law. the feds supported this motion. i specifically asked, what did the doj say when bolivia wanted to weigh in. they supported it and consent towed having them weigh in. >> reporter: every day you wake up under this administration and there is some new craziness and outrage coming at you. the fact that our department of justice that we support and pay for as american taxpayers, which by the way which is one entity at the federal government level which is supposed to be the champion of the american people in terms of justice, the fact that they are weighing in on the
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side of these foreign governments is absolutely offensive and it is absurd. megyn: of course they want that to happen because the foreign governments are supporting the doj position. in mexico you mentioned that the problems that the governments have themselves. in mexico remember when felipe calderon came to the united states and lectured us about our laws including this one in may of 2010. there have been 5,000 killings in mexico since then. 3 dozen people killed per day related to the drug cartel violence alone. mexico has bigger problems to worry about than the arizona immigration law. >> reporter: that's exactly right. mexico cannot control their side of the border, megyn. when did we lose sight of the word illegal in any of these conversations. these countries are weighing in against the state of arizona on the side of the u.s. federal government. megyn: most of the drugs that come into 4 this country come from south of the border this. they have a financial interest in making sure that the border
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stays open. >> reporter: and we have an interest in saying we need back up from the u.s. fell ral -- federal government. the fact that we had lost sight of illegal in all of this, those countries you named it's in their interest to get their undesirables across the border into the united states. they are trying everything they can. what is particularly offensive, megyn is that yes it is illegal, these countries don't care and you know what our own federal government under obama and holder don't care either. megyn: 65% of cocaine crosses the southwest border, of the cocaine alone. that's all we're talking about. monica crowley interesting. we'll be waiting for the ninth court's decision. tough talk from a terrorist or does shahzad know something that we don't know about an attack.
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your home watches fire, you dial 91 #, the firefighters show up and stand around as your house burns to the ground all because you forgot to pay your $75 fee. a powerful debate over what is fair and what is right, coming up. >> we hadn't got even around to paying it yet. you know, if they waived it one year, why couldn't they do it the next year? [ male announcer ] gout's root cause is high uric acid.
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annual fee for rural fire coverage. trace gallagher live in our west coast newsroom with what is becoming a national story. >> reporter: it's a big story. they live outside tpult ton, tennessee. keep that in mind, it's important. they were burning trash in a burn barrel, a spark got out, caught the grass on fire. gene grabbed a hose and tried to pull it out. he calls 911, the fire department does not come. the house starts burning and then the flames go to a neighbor's shed. the neighbor calls 911, and here comes the fire department. they put the shed out quickly but let the cradd -- cranick's burn. the neighbors paid the $75 fee, they didn't. >> we didn't get around to paying it. if they waived it one year why couldn't they do that this year. people around here know us and
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we're honest people, they know we would pay it. >> reporter: the city manager confirms they did not pay the fire protection fee and the neighbors did. before 1990 anybody who lived outside tpult ton, tennessee did not have fire protection. they implemented the $75 fee and some say look if you don't pay the fee you should not get the fire protection. this has been in place now for 20 years. others say that firefighters should have done what they do, which is to put out fires, in this case they didn't. megyn: wow, real arguments on both sides, which is why we're going to take it up in "kelly's court" today. trace, thank you. it might just be the most important governor's race in the country and it sure is getting ugly. the new allegations in california, and reaction from the people who will actually decide who wins between whit r-rb -- meg whitman and jerry brown. this guy might tip the scales in the senate. his victory or loss in alaska
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could determine who has control for the next ten years. we will speak with candidate joe miller today and nothing is off the table including his feud with the palin. a woman claiming her husband was gunned down by a mexican drug cartel. we get the very latest on the search for david hartley when the sheriff on the u.s. side of the border handling this case joins us live. >> hello. >> are you sure that your husband got shot? >> yes, in his head. >> okay. >> yeah. >> was he thrown out of the jet ski, is he in the water. >> he was thrown off the jet ski and i couldn't pick him up and get him on mine. [ male announcer ] ever have morning pain slow you down? introducing bayer am, an extra strength pain reliever with alertness aid to fight fatigue. so get up and get goin'! with new bayer am. the morning pain reliever.
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to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. megyn: brand-new video into fox news right now of an early morning tornado that swept through arizona. look at this. look at the damage. the twister, one of two that touched down derailing a train and causing some significant damage to homes and businesses. look at that, it's just -- it never creases -- ceases to amaze you what mother nature can do. we've had a series of tornadoes and weather watches in that state and we'll bring them to you as we get them here. >> housekeepers are human beings too. we love, we cry.
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we have feelings. love runs through all veins just like anyone else. megyn: well that you probably know by now was the former housekeeper for california governor candidate meg whitman. nikki diaz ace an illegal eupl grant and she is repeating accusations that we first heard a week ago that she was wronged by meg whitman. she, through her attorney gloria allred has filed a claim with the state seeking unpaid wages and mileage she claims she is entitled to but this has become a political issue for meg whitman. how is it affecting what could be the most important governor's race in the nation, between the republican meg whitman and the democrat jerry brown. on hannity it sparked a big debate among a focus group. >> i'm going to do what i have to do to take care of my family.
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that means if if i have to falsify documents to work that's what i have to do. >> people pier say i'll do anything i want to do and it doesn't matter what the law is. i'm going to come here illegally, get a job illegal lee, and people in other part of the state, people in the heartland follow the law. megyn: joining me now for a fair & balanced debate is our fox panel. the latest poll shows this may be having a effect. hitt r-r dash meg whitman is behind by behind%. survey usa had a four point lead, 47-43 to brown.
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rasmussen gives brown a five-point lead. is that thanks to housekeeper gate? >> it certainly looks like it. i'm not criticizing you for talking about this, this is a really live political issue. on the merits this is one of the dumb us stories in american politics today. you show that focus group up there. it had nothing to do with meg whitman. what is the allegation? that she hired an illegal immigrant and that is bad, unknowingly or that she fired her once she found out that she was illegal? she did absolutely nothing wrong, and gloria allred, who is such a media-crazed fill in the blank, that she makes alsharpton look like a hermit, is somehow making this -- not even making it clear what the allegation is. it is all emotional, demogogic nonsense. jerry brown should be ashamed. meg whitman should tpaoeurb the
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political consultants who got her into this mess. it's a bizarre story. megyn: there was an interesting research poll that came out today that enthusiasm is very low this election year for latinos. they support democrats more than republicans but the the enthusiasm is low. there is a question of whether they'll get to the polls. big latino population in california, could this be this was the october surprise, critics are jerry brown are saying he's the one behind it. he or someone behind him referred this client to r*ed r*ed and they needed to gin up enthusiasm there. >> if we apply the standard of dumb political stories that's nine out of ten stories we're talking about these days. to a certain degree i think whitman is getting penalized and judged more harshly because of the environment we are in. people are not just angry about the economy or angry about obama they are angry about the weasly
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nature of our politicians, the lack of leadership, not behaving like grown ups trying to solve problems. they are playing games. when you have a candidate like meg whitman, who is very is thee, looks to many people like she is trying too buy the election and even gauges in actions that are hypocritical, it's very, very damming. megyn: forget whether nikki diaz who laughs and cries and has blood in her veins, forget that. what about the point that meg whitman looks hypocritical. she has been running on cracking down on illegal immigration and employers who employ illegals. even after june 09 when she knew she had to fire the housekeeper she said, i can speak to this myself, i did everything i could, did not hire an illegal but it wound up that i did, it sounds like she put it under the rug. >> i agree she has these very well compensated political
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consultants who knew about this a longtime ago. for the price of one of these billboards or one ad in prime-time in l.a. they could have bought off this made who has now had a second press conference to release the astounding news that she is a carbon-based life form like the rest of us. megyn: and not a puppet. >> that's just in she is not a puppet. i agree this is about the optics and the insinuations. the crime is that she's rich and seems to be buying the seat, meanwhile jerry brown who is this straight out kind of a werd doe, has been in politics all his life and is doing it on the cheap, it's a very weird race, but on the substance it's all nonsense. megyn: can meg whitman turn it around. >> yes, this is a doubly damming scandal, it smells of hypocrisy. also it will potentially to your
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question energize latinos. there will be a number of folks that will really use this against her on the turn out basis. megyn: i've got to go, doesn't it make you wonder why? according to the woman, the woman's theory is that meg whitman knew all along she was an illegal employer. what would the latino be all upset about. >> she looks like a hypocrite. on the one hand she's attacking illegal immigrants and on the other hand is hiring them which is offensive to a lot of people. a lot of people in the latino community are angry how she was treating this woman. megyn: the $23 an hour is above and beyond. she got fired when she said she was illegal. >> we should be shocked. megyn.megyn: i learn something y day. thanks so much. the video is down right frightening and the decision appears to be a life and death one. what are this police officer's
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options when this guy is coming at him with a bat and he has nowhere to go. >> he hit the squad with the bat. megyn: this woman says she and her husband were ambushed by a mexican gang. he is now missing, she says he was killed. u.s. officials are calling on mexico to hurry up, find his body and return it to the united states. up next we will talk to a sheriff involved in this investigation with his take on whether mexico is cooperating, and on whether tiffany hartley is telling the truth. >> i told them, please don't shoot, don't shoot. after i had told them to please don't shoot they left and went and meant with the other two boats. i got on my boat and i was trying to pull him up on my ski, and i couldn't get him up.
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afternoon. you're looking at the east room where in just a few moments president obama will present the nation's highest award for valor, the medal of honor will be awarded to the late green beret army sergeant robert miller. he was just 24 years old when his patrol came under attack in afghanistan. his comrades say he never gave up the fight, fighting back at taliban fighters even with two wounds to his chest. they say if it were not for his actions many more lives would have been lost on that day two years ago. his parents are on honda in the east room, which you can see is jam packed. it is a standing room only crowd. these things are so rare. the parents will be there to accept this honor on behalf of their son, and this is always an emotional moment for the family members involved and for the -- and for those in attendance and i have to say even for the press. it is so rare that the medal of
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horn is awarded for valor, even to get a bronze star for valor is incredibly hard to do and is only given for the most incredible acts of bravery, to get the medal of honor requires such a sacrifice as this navy seal provided, the ultimate one. we'll dip in when the ceremony begins and we'll let you watch that live, that special moment here on "america live." the first civilian trial for a guantanamo bay detainee is now postponed until next tuesday after a judge blocks the government from calling its most important witness in the case. a man who authorities say sold explosives to this guy, defendant ahmed khalfan ghailani. now ahmed khalfan ghailani is accused of playing a key role in the deadly 1998 bombings of two u.s. embassies. so what exactly did the judge rule that is going to hurt the prosecution's case? >> reporter: well, megyn the judge ruled that this key
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witness cannot testify in this trial. it's a potential big blow to prosecutors because this man was expected to testify in court that he sold the dynamite to ahmed khalfan ghailani, that ahmed khalfan ghailani allegedly used in one of the two embassy bombings back in 1998. this is very important especially because other witnesses can't be found or have died in the 12 years since the attacks. the judge said that he did not reach this conclusion lightly but he said quote the constitution is the rock upon which our nation rest. we must follow it not only when it's convenient but also when fear and danger beckon in a different direction. to do less would diminish us and undermine the foundation upon which we stand. megyn the trial is delayed until tuesday while prosecutors decide whether or not to appeal this judge's ruling. megyn: what happens to this case now without that witness sth- >> reporter: well, you know, it's going to be tough. but the u.s. attorney general has already gone on record saying he still believes he can get a conviction in this case.
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he also says that even if ahmed khalfan ghailani is not convicted in the bombings he could still be held as an enemy combatant. again the situation of the case itself very significant. this was seen as a precursor to 9/11, the bombings killed 224 people including a dozen americans and wounded a dozen more. by the way ahmed khalfan ghailani's alleged to have gone from the scene of the bombings to pakistan and then gone directly to work for osama bin laden as his cook and bodyguard. a key player, perhaps, in al-qaida according to the prosecutors and a key witness against him no longer able to testify, megyn. megyn: rick leventhal, thank you. a number of midterm races could dramatically shift the balance of power in the u.s. senate and potentially put the gop back in charge. alaska republican joe miller is looking to claim one of those seats from his state, and he will join us live in just a bit. and failed timed square bomber
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shahzad says the u.s. is facing imminent defeat at the hands of muslim forces. a chilling prediction or the rantings of a madman. can you imagine the chaos and destruction this could have caused if it happened in the heart of manhattan? 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.
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airstrip. you're looking at x fitness, a fitness club that is three stories high. the plane kind of went in there and went inside. we have been told there are injuries. we do not know if they are people who are in the plane, the fitness center or a combination of both. what we have not been told is if there are any fatalities in this. someone who works at the aero club says that apparently some plane took off, had trouble gaining altitude and may have crashed into this fitness center in naperville, 30 miles west of chicago. you can see firefighters on scene. as we get more information on this we'll bring it to you, a plane crash into a fitness center in naperville. megyn: we'll take you briefly to the white house now. we need to observe what is happening in the east room. the medal of honor will be awarded posthumously to army
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sergeant robert miller. back on january 25th 2008 he was shot two times in the chest by the taliban but continuing firing and throwing grenades against the enemy saving some of the lives of his comrades around him. let's listen to president obama. >> all americans are safer because of it and our hearts swell with pride just hearing their names, including the legendary green berets. today it is my privilege to present our nation's highest military declaration, the medal of honor, to one of these remarkable soldiers, staff sergeant robert j. miller. to do so we are joined by vice president biden, and from the millers' families' home state of florida a leader who helped make this day possible, congresswoman susanne cosmos. we are joined by secretary of
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defense robert gates. chairman of the joints chief of staff admiral mike mullen and army secretary john mccue and chief of staff general george jenny, as well as commander of special operations command, admiral eric olson. we are honored to be joined by rob's fellow soldiers in whose ranks he served. his teammates from alpha company, third battalion, third special forces group from fort pwra*g. those -- bragg. those who now welcome him into their ranks, members of the medal of honor society. most of all we welcome more than one hundred of rob's friends and family, especially his father phil, miss mother maureen, and his many brothers and sisters. it has been said that courage is not simply one of the virtues
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but the form of every virtue at the testing point. for rob miller the testing point came nearly three years ago, deep in a snowy afghan valley. but the courage he displayed that day reflects every virtue that defined his life. rob was wise beyond his years, growing up in wheaton, illinois, outside of chicago, he was the boy in school who penned a poem about american gi's in world war ii. men, like the soldier rob would become himself, who he said fought day and night, fighting for what they thought was right. rob was born to lead. the high school gymnast who trained so hard, his coach had to kick him out at night so they could close the gym, he was the army recruit who pushed himself to his limits both physically
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and mentally to eastern the title green beret. he was the special forces soldier who on his first tour in afghanistan earned two army commendation medals for his valor. devotion to duty, and abiding sense of honor, a profound love of country, these were the virtues that found their ultimate expression when rob, just 24 years old, and on his second tour, met his testing point on january 25th, 2008. rob and his team were in the remote northwest of afghanistan. their mission, clear a valley of insurgents who had been attacking afghan forces and terrorizing villagers. when they came across an insurgent compound rob and his men made their move unleashing their fire and calling if air strikes. now they were on foot heading
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over to that destroyed compound to assess the damage and gather intelligence. it was still dark, just before dawn. it was freezing cold, and silent, except for the crackle of the radios and the crunch of snow under their boots. like so many times before rob was up front, leading a patrol of two dozen afghans and americans on a narrow trail along the valley floor. the steep mountains towering over them. at first it was just a single insurgent jumping out from behind a boulder, then the whole valley seemed to explode with gunfire. within seconds rob and his patrol were pinned down with almost no cover. bullets and rocket-propelled grenades raining down from every direction. when enemy reinforcements poured in the odds were overwhelming. rob's small patrol of two dozen men was nearly surrounded by
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almost 150 insurgents. when the enemy -- with the enemy just feet away, some so close he could see their faces, rob held his ground. despite the chaos around him he radioed back enemy positions. as the only pastush speaker on his team he organized the afghans around him. the incoming fire in the words of one soldier was simply astounding. rob made a decision, he called for his team to fall back, and then he did something extraordinary. rob moved in the other direction, toward the enemy, drawing their guns away from his team and bringing the fire of all those insurgents down upon himself. the fighting was ferocious. rob seemed to disappear into clouds of dust and debris, but his team could hear him on the radio, still calling out the
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enemy's position, and they could hear his weapon still firing as he provided cover for his men. then over the radio they heard his voice. he had been hit. but still he kept calling out enemy positions, still he kept firing, still he kept throwing his grenades, and then they heard it, rob's weapon fell silent. this is the story of what one american soldier did for his team, but it's also a story of what they did for him. two of his teammates braved the bullets and rushed to rob's aid. in those final moments they were there at his side. american soldiers there for each other. the relentless fire forced them back, but they refused to leave their fallen comrades. when reinforcements arrived these americans went in again
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risking their lives taking more casualties, determined to bring rob miller out of that valley. and finally after fighting that raged for hours they tk- it -- did it. when the dust settled and the smoke cleared there was no doubt rob miller and his team had struck a major blow against the insurgency. five members had been wounded but they survived. one teammate surely spoke for all of them when he said of rob, i would not be alive today if not for his ultimate sacrifice. this is the valor that america honors today. to rob's family and friends i know that no words can ease the ache in your hearts, but i also know this, rob's life and legacy endures. rob endures in the pride of his parents. phil and maureen you've raised a
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remarkable son. today and in the years to come may you find some comfort in knowing that rob gave his life doing what he loved, protecting his friends and defending his country. you gave your oldest son to america and america is forever in your debt. rob endures in the love of his brothers and sisters all seven of whom join us today. your brother laid down his life so you could live yours in security and freedom. you honor him by living your lives to the fullest, and i suspect rob would be especially proud of his younger brother tom, who inspired by his big brother is now training to be a green beret himself. rob endures in the afghans that he trained and he befriended, in valleys and villages half a world away they remember him. the american who spoke their language, who respected their culture, and who helped them defend their country.
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they welcomed him into their homes and invited him to their weddings. and as a sign of their lasting gratitude they presented rob's parents with a beautiful afghan flag -- afghan rug, which hangs today in the miller home, a symbol of the partnership between the people of america and afghanistan. rob miller endures in the service of his teammates, his brothers in arms who served with him, bled with him, and fought to bring him home. these soldiers eupl body the spirit that guides our troops in afghanistan every day, the courage, the resolve the relentless focus on their mission to break the momentum of the taliban insurgency and the ability of afghans to defend themselves and make sure it is never a safe-haven for them to
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and honor their sacrifice. if we do, if we keep their legacy alive, if we keep faith with the freedoms they died to defend, then we can imagine a day decades from now when another child sits down at his desk, ponders the true meaning of heroism, and find inspiration in the story of a soldier, staff sergeant robert j. miller, and a generation that fought day and night, fighting for what they thought was right. that's the meaning of this medal and that's our summons today as a proud and grateful nation. please join me in welcoming phil and maureen miller for the reading of the citation. [applause]
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megyn: what an honor to accept on behalf their son staff army sergeant robert miller. you heard his acts much gallantry and courage. as was fighting in afghanistan, his team leader was wounded. he, rob miller went over and provided cover so that team leader could be taken to safety. that is when he was hit twice in the chest and continued firing and throwing grenades to protect the rest of his men, ultimately losing his life in the process. he's honored as the third medal of honor recipient in afghanistan to receive that honor. a lot of news to bring to you today including this. america's future is being decided at this moment. you thought it took until november 2. early birds coast to coast get a head start on the november vote.
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that's where we begin this new hour of "america live." i'm megyn kelly. millions of americans casting balance on the for the most crucial mid terms in years. early voting is underway in dozens of states. to give you an idea of how many people are already voting. fewer than 60% of voters actually showed up at the polling places on election day 2008. that same year 17% sent in absentee ballots. 13% made their voices heard through other forms of early voting. in colorado it's a way of life. that's where the mail-in vote reigns supreme. we find alicia live in the mile-high city. how does this affect campaign strategy? >> because there has been a huge shift in the way campaigns spent their money and how they work their on the ground resource, we
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talked to kennebec, the republican running for the u.s. senate. he says because of mail-in ballots he has to peak just before the ballots are isn't out october 12 and he has to maintain that peak all the way to election day. in colorado, 60% of the registered voters will perform their civic duty by mail. in the time between when they are sent out and election day campaigns say their can evacuation and phone calls are in high gear, the tv and radio ads are ramped up. they are being urged to return ballots as soon as they get them. >> your heaviest week would be the week before election day and work your way back. now, you start a week before the absentee ballots are mailed in early october. >> reporter: the secretary of state's office credits mail-in balloting with early and
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extended participation. megyn: there can be as we have seen in california, there can be last-minute revelations. these october surprises about a candidate. how does early voting impact that? if you are on the receiving end of one of those you are all for early voting. >> it can take some of the strength out of that last-minute blow because if you are talking about the last few days of the election, then a lot of people probably already voted. and so this makes it difficult in terms of strategy, the campaigns, because they say candidates are trying to make a strong finish, sometimes they flying blind. megyn? >> the late go cha type of campaign -- the late gotcha campaign trick, i talked to folks who run campaigns, they tend not to like the mail process, but i think our voters
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like it. >> reporter: 32 states across the country are participating in mail-in balloting. megyn: thank you so much, alicia. now it sounds like a chilling morning here at home. faisal shahzad was sentenced to life in prison for trying to blow up a bomb in times square. but of did not go quietly. here is we had to say to the judge in open court. brace yourselves. because the war with muslims has just begun. consider me only a first droplet of the flood that will follow me. so, is this a chilling prediction or is it just a crazy rant? does this guy know something we don't? neil livingstone, it's easy to dismiss him as a lunatic. anybody who wants to blow up a bomb in times square.
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but is he trying to tell us something? >> i think so, megyn. this guy is a very bad guy. he said he had many more lives he would give every one of them to allah and keep trying to do this. al qaeda and other jihadist organizations are trying to recruit people like this. this guy didn't build a good bomb. he had a bad detenator. but they will get it right in the future and we'll continue to have one episode like this after another. megyn: how looped into the al qaeda terrorist network would he have been. this is a guy pakistani born, naturalized citizen. the judge asked him about his oath to support and defend the constitution. he said i said it but i didn't mean it. in any event he's a naturalized u.s. citizen living here. he gets linked up with terrorists. how linked in would he be?
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would he know if he's the first droplet of the flood that will follow? >> he probably was not high enough to know too much. but he did go to pakistan. he was trained there. the problem was they didn't give him enough training or he wasn't a very good student. so his bomb fortunately didn't go off. buff he probably saw other people training over there at the same time. they probably told him, you are part of a vanguard of people who are going -- we are going to throw at the united states, if you will, so this isn't going to stop. this is going to go on for an indefinite period of time. megyn: so much for that oath of loyalty. he will have time to think about that for the rest of his life as he sits in prison. neil, thank you. one of the last states to cast votes on election day could be the one state that gives the senate control back to the republicans, possibly. something is going to happen.
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but it all depends on this guy, joe miller. our guest this hour in an interview where everything is on the table. astounding dash cam video raising questions. what choice did a police officer have when this guy with a bat came straight at him. we'll play you the whole tape and let you decide. this home burns to the ground as firefighters stand and watch. the $75 dispute that cost one family their home, their three dogs and a cat, and their american dream in "kelly's court." during our break you can check out foxnews.com/americalive. click on our on the docket section. you can read up on this case before the gavel drops. >> people here know us. we are honest we'll and we would pay that. they know that. her advantage? it's speedy alka-seltzer! [ male announcer ] alka-seltzer plus rushes relief for all-over achy colds.
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jobs front. companies across the u.s. unexpectedly cut 39 thousand employees last month. that is the biggest decrease in jobs since january. economists say it's going to be a while before the labor market picks back up. official government numbers for september are due out this friday. some are predicting they could be up. disturbing video emerging for the first time today of a minnesota police officer using deadly force in the line of du duty. this is dash cam video from the scene back on august 5. you can see there is a man we now know is a teenager smashing the officer's windshield. prosecutors say the officer had no choice but to defend himself, and he did. trace gallagher live in our west coast newsroom with more. >> reporter: you showed a sample of it.
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i'll show you the entire dash cam video. but first a quick back story. the officer went to a party earlier in the night. he saw the 17-year-old drinking. gave him a ticket for underaged drinking, then drove him home and dropped him off at his house. minutes after he dropped him off at his house. this is what happens. joseph carl comes walking out of his house with a baseball bat in hand. bam, bam, on top of the wind shield, time and time again. you can see the officer backs up. listen to the rest of this. >> put it down! put it down! shots fired. i shot him! >> reporter: shots fired, shots fired. joseph carl came around to the
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driver's side of that window, megan. that's when the officer got out and shot him one time in the chest. he went to give him cpr. you can hear very low on the audio him saying hang in there as he gave him cpr. but joseph carl died. that police officer jeff keys has been cleeferred all wrongdoing. listen. >> this is a deadly force situation, that's what we train for. he did what was appropriate. this is a scenario officers deal with nightly. there was nothing unusual up to this point. >> reporter: the 17-year-old had been drinking prior to this. officer keys had been on administrative leave. he will go back on the force in the next couple days. megyn: that changes it. even if it's justified, it changes a man to have to pull the trigger against a teenager in a situation like that. but the question is would be what was he to do.
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trace, thank you so much. battleground west virginia. governor joe mansion has a 66% approval rating. but he's trailing his republican opponent for the senate. how west virginia may be sending a message to president obama. richard socarides after this break. a new spin and prepare for departure. we tried to bring you this story yet. you have never been prepared like this before. [ technician ] are you busy? management just sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow.
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megyn: france's foreign ministry warning travelers they face a high risk of attack while in the united kingdom. the french asking people to use extreme vigilence when taking busses and visiting tourist attractions. the u.s. issued alerts for all americans traveling in europe. from america's election headquarters off to the campaign trail. west virginia could be sending a dramatic message to the nation and the white house. the latest fox news poll showing republican john raese with a read over his democratic challenger. putting a seat that was once thought to be safe territory for democrats in jeopardy. 66 per of west virginians give
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man shin givemanshin high appro. 66% in today's day and age? and then the other guys is beating him. >> this is one of the most interesting races in the country because it's so representative what's happening everywhere. governor manchin is a popular socially conservative governor. the democrats may have outsmart themselves in this. this was the robert byrd seat. the thinking was they could wait until 2012 to run in this seat. the legislature moved the election up. but now they are outsmarting themselves because raese is
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tying manchin to obama. there is an ad that's a defend stating ad. i don't know if it's true or not. but it's a brilliant piece of political advertising. they have a big buy, $1.6 million, which is huge in west virginia. which ties manchin to obama. manchin is saying i'm and i independent, his spokes people are saying he has an independent streak. but he supported manchin, the democrat supported by the nra and the chamber of commerce. buff he's in a tough race. this is kind of the way this race goes. may be a sign. if the democrats lose this race they are in for a bad night. manchin was ahead up until 7, 8 days ago. this is the poll that shows hip the most behind.
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-- shows him the most behind. megyn: we asked about tying him to president obama. we asked what is your vote going to reflect when you go into the polling group. 28% say it will reflect their support of the obama administration policies. 60 per se they plan to express their opposition to president obama's policies. they like the man, they like manchin, but they don't like president obama's policies. >> i don't know the man. this is the time he has run statewide. any time someone runs four times statewide. in no other year has he been able to win. megyn: you get brushed as a loser. >> it may turn. this may be a spurt for some of these people. megyn: you mention how this may be a national harbinger of things to come. you look around. karl rove was talking about this on fox. he said not a single democrat is
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running on passage of the stimulus. not a single democrat is running on passage in the house of the cap and trade bill. he says all but two democrats are running on their vote. >> manchin said he would not have voted for healthcare. megyn: on the other side you have many saying they oppose it. what are they running on? that's basically all? >> that's the major question. the only way obama can turn this around is if he refocuses and starts back in on his message. his main problem is he ran two years ago the democrats ran on a message of change. and they came in and did business exactly the same way. now they have to go back to the voters and say we made some mistakes but what we really are is about taking the government back, not doing business with the lobbyists, and putting working people first.
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megyn: to what extent is this a reflection, 60% a reflection of president obama's willful deaf ear to the will of the people when it comes to healthcare and when it came to the bailout of the auto industry and also immigration? you saw the polls against him on challenging that arizona immigration law, yet he went ahead and did it. and his response and nancy pelosi's response is you have got to do what's right. then president obama said, that's what elections are for. now the american people to what extent are they getting what ready to say, that right. that's what elections are for. >> fundamentally they have miscalculated. but they will say they have not miscalculated on policy. people believe the healthcare system was broken. they want a different kind of healthcare system. they do believe washington needs to do business differently. this is the traditionally what
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democrats stand for, spreading a better distribution of wealth. but right now the republicans have outsmarted them and have stolen the narrative. the challenge for the democrats is to take it back and we'll see. it will be a very interesting -- four weeks from now we'll be sitting here and we'll know. megyn: thank you so much, sir. richard socarides. for all the latest political coverage and the latest on the mid-term elections head over to foxnews.com/aehq. some of those polls are interesting and may be a sign of things to come. he pulled off a big upset in alaska, beating out an incumbent senator in the primary, but will tea party favorite joe miller be able to pull off a win that will giver the republican party control of the senate?
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in tennessee a home burns to the brown as firefighters watched and did absolutely nothing. they were on the scene with their trucks and the water. the fight that land an entire town in "kelly's court." 10 minutes away. >> we just hadn't gone the around to paying it yet. if they waived it one year why year?
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megyn: we have breaking news on a shooting in texas. texas governor rick perry is calling on president calderon of mexico for help in the shooting of an american citizen along the border. the gop is expected to pick up 6-8 senate seats come november with one of the battles in alaska. some say it could be more, some say it could be less. scott mcadams is the democratic nominee in alaska. and he's facing joe miller, senator lisa murkowski who miller unseated in the gop primary is running as a dark horse write-in independent.
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republicans are have much hoping miller, the political rookie can help bring it all home. joe miller is alaska's republican candidate for senate. and he's my guest. let me start by asking about the latest polls which are all over the board. there is a cnn poll that shows mcadams is basically not in this race. so it's you and murkowski, a fellow republican though now she is doing independent. cnn puts you within 2 points. then there is another poll by a research poll. they put you 30% and put murkowski ahead of you, 41%. but i ask you what are you showing? >> well, i have got to tell you the polling in alaska as we learned in the primaries is notoriously unreliable. the base is maintain. we know it's growing.
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it expanded. being the republican nominee we have a substantial amount of support. we are excited about where we are at. the polls are we are seeing on the ground. i have got to tellu the support is overwhelming. megyn: one support you are not getting is from lisa murkowski. you beat her for the gop nomination and she is not going into the night quietly. she is not a fan of yours and she is expected to take a considerable amount of votes from you. her presence in the race will hurt you as opposed to your democratic challenger. what do you think about it? >> well, when know she is taking votes not just from us, but also the democrats. if you look at her announcement she was surround by democrats. and democratic special interests. union groups. that's her backing. it's splitting votes more with mcadams than us. but what she is advocating is not something that conservative alaskans embrace, cap and trade
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which will put this state down and not move us forward. as more alaskans learn about that we'll have even more support in this race. megyn: your approach -- you were endorsed by the tea party and you are a limited government guy. sort of one of your platforms in connection with this race. now your critics are coming out and pointing to a couple things to say, well, don't believe it, maybe he's hypocritical. one of them is now they are saying your wife collect unemployment benefits for a time after she left a job working for you. you were a magistrate judge and she worked as a clerk. when she lost that job she took unemployment benefits. that many example number one, and they say you received federal subsidies for farmland you owned in kansas in the 1990s. what is a small government guy doing taking government subsidy and having his wife on
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unemployment. >> i think when you go back 20-some years and point at something in the past, to take the focus off the real issues, it shows the desperation of the campaign. we have been represented for eight years by somebody who calls themselves a republican but has been on the left side trying to impose a carbon task. in alaska we face energy costs higher than other places in the united states. electricity in many places 10 times more than what we see in the lower 48. gasoline prices higher. yet the same senator for the last eight years we see her advocating for these policies that put alaska behind. so it is desperation it's an attempt to shift people's focus to an area that allows them to not see what she has been doing. megyn: another area which focus has been shifted involves this dust-up twin and todd palin.
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sarah palin endorsed you before you got the nomination. she is a well-known figure. she endorses you. then you go on fox news sunday with chris wallace and i want to play the exchange that happened on fo fox news sunday that led o this dust-up twin and todd palin. >> do you think sarah palin is qualified to be president and would you like to see her run? >> i'm running a u.s. senate race in the state of alaska. i have been asked about various candidates throughout the country during this race. that's not my role to comment on nose candidacies. megyn: somebody has released a private email exchange twin and todd palin. he says, hold off on anything more for joe. sarah put or blank on the line for him and yet he can't answer a simple question, is she qualified? he says, joe, please explain how
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this endorsement stuff works? is it to be completely one-sided. sarah spent all morning working on a facebook post for joe, and she won't it's, not now. he has since come out and said, i misunderstood what joe said to chris wallace. this is much ado about nothing. i want to give you a chance to respond. >> we have been consistent about this from the beginning. the palins are good friends of mine. critical in the primary. but what we don't want to fall into is the trap the media is trying to create, this misguide idea that what's going on in alaska is a feud between the palins and the murkowskis. what's going on is we have a u.s. senator trying to continue to drag this state down the road of federal dependency. megyn: i want to stay on this. so let me ask you. are you willing to say whether you think sarah palin is qualified to be president?
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>> i'll tell you the same thing i said this last week while was in d.c. if she puts her name in the hat, that's totally up to her. there are a number of others there as well. any one of which would make a far better candidate than what we have in the oval office it's not our decision. it is a sideline to what's going on in alaska. we aren't going to fall into the trap again that the media is trying to create this as being a struggle between the murkowskis and the palins. megyn: i hear you. i'm not trying to lay any trap. i'm wondering. she endorsed you and todd palin was clear live upset that you wouldn't say whether she was qualified. i wanted to give you a chance to say yes or no and it sound like you are not going to say yes or no. >> she has done phenomenal things for this country. she elevated the debate. critical to our race. let me tell you we know what
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qualified means. we have a sconce stiewlings requirement for somebody that's going to run for president. of course, she is qualified. with the press trying to continue to create this as a debate or some sort of a fight between the murkowskis and the palins, i think it does a disservice to alaskans. we are looking at a road of dependency. it's not just talking points. that's what this race is about. it is frustrating when the press tries to create out of this something else. for alaskans this is deadly serious. the future of this state. megyn: it's confusing, mcadams, murkowski and miller. hopefully the alaska voters will figure it out. if they want to vote for murkowski they have to write her name in. it's an interesting race. you have been a standup guy all along. you answer the hard questions and we appreciate you doing that. all the best to you, sir. take care. coming up in 18 minutes, another
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standup guy, mr. shepard smith with studio b. shep: everything is the press' fault. megyn, thanks. top of the hour, big trial for the guantanamo bay detainee delayed because the star witness was tortured and the judge says you can't use people that are tortured. we'll get into that with our legal panel, and a man who saved an 8-year-old girl who was abducted in california. megyn: imagine watching your home go up in flames and firefighters just watching it burn. all because of a $75 dispute. the seat belt boogie. the skies got a lot friendlier.
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megyn: the american dream going up in flames. charred rubble is all that's left of the cranick home. not one drop of water was sprayed on the blaze because the homeowners were late with a $75 fee for fire coverage. they only sprayed water on the home after neighbor who did pay the fee. so jonna, he didn't pay the fee, a deal is a deal. he didn't do it. >> this is disgusting. this wasn't rescuing their cat from a tree. this was life and death. i don't think that the fire department can say, we had a contract and you didn't pay your $75 so we are going to watch, not just not show up, but watch as your home burns down?
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that's ridiculous. they could have put out the fire and sent him a bill for 10 times that or more and it probably would have gotten paid and the house would have been saved. megyn: the cranicks say this had happened to other homeowners and the firefighters did show up and did put the fire out. so did they have ground to sort of reasonably rely on that past conduct to expect sit would happen again here? >> that's a great point. when the fire department says they are not on the list. $75. but they also said if we don't adhere to this rule, then this entire fire department is going to be disbanded. if every homeowner said there is past conduct and they do show up and put out the fire, they are not going to say no to us. eventually no fires will be put out because everyone in the community won't have a fire department. that as why they have to be so draconian. if there are lives in that home they would have stepped in.
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megyn: the reports are that there were three dogs and a cat. those are lives inside the home. you are telling me you are going to look at firefighters and say my three dogs and cats are dying in there could you please put out the fire and the firefighters are able to stand there and say you didn't pay $75. >> apparently that's what they did. the homeowner should have rushed himself back in the house, then a life would have been in danger and they would are turned the hoses on. we would never have a situation with an ambulance emt worker would be hovering over a dead body in the street saying this will cost you, are you good for it? megyn: do you charge people for 911, someone says my child is choking and you have say, you didn't pay your fee. >> if you don't adhere to this no one will be safe. no one will thereby to respond the this. that's why they have to adhere.
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with all the attention this show has had. you know everyone in that community will be paying their $75. that the message. megyn: but can they sue based on those past experiences where they say the fire department made exceptions? the fire chief is allowed to do that buff declined to do so. >> i have a feeling their insurance company could get involved and say we are a third party beneficiary of your $75 contract. you should have put the house out instead of letting it burn to the ground. now they have to pay a much larger bill. megyn: does he have anybody to blame but himself? >> exactly right. just paid the $75, he wouldn't have had this happen to him. he was on notice. they knew he wouldn't come to the rescue if he didn't pay it. megyn: legally the fire department did nothing wrong. mr. cranick should have paid the fee. the county's policy stinks.
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megyn: doctors who receive their training in foreign countries usually have to give up their careers when they come to the united states because the retraining and retesting process can take years. now a new program allows them to get back into the medical field much sooner, and the training may not even cost them a penny. but there is a catch. >> reporter: this is a great story. this is about the foreign trained doctors who migrate to florida, they get jobs work as waiters, way tres, washing cars,
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cleaning homes. these folks have given up their medical careers to come to the united states, and now they are trying to find a way back into medicine. this is a good one. you are looking at a roomful of foreign trained medical doctors. part of the foreign educated physicians to nursing program. an 18-month course that retrains foreign physicians to work as registered nurses. >> we have a lot of recent immigrants to south florida who cannot get jobs. even though they were foreign educated positions. >> reporter: practicing medicine in america means extensive retraining and retesting. and that takes years. buff retaining a doctor to become a nurse takes a fraction of that time. these doctors receive fref tuition if they agree to work
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for two years in a florida hospital. >> whether they just arrive from other countries and don't have the economic facility some go through a residency program -- >> reporter: this program is the ononly one of its kind in america and so far it has graduated 500 nurses working around the country. megyn: accused al qaeda bomb maker and aide to osama bin laden set for trial today. but the case hits a major setback. while the first civilian trial of a gitmo detainee is delayed and what it means for the trials still to come. captioning made possible by fox news network
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that new healthcare law sure sounds good for all of us on medicare. starting next year, we'll get free check-ups, cancer screenings, lower prescription costs. and better ways to protect us and medicare from fraud, so it will stay strong for our kids and grandkids. now, that's music to my ears. ♪ >>megyn: seats back in upright and locked positions, flight attends, prepare to party, defending dancing flight crew saying this makes people pay attention to the preflight instructions. in the choreographedo
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