re, 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. jon: live from texas, we talked about the tornadoes, take a look. the strugt you are -- structure on the left loses a roof, the structure in the middle pretty much obliterated. jenna: this is in hunt county. thanks for joining us, everybody. "america live" starts right now. megyn: new reports out today that some of the nation's biggest companies are talking right now about possibly dropping health coverage for potentially millions of american workers. welcome to "america live" on a monday, everyone, i'm megyn kelly. this is the time of the year when people are signing up for next year's benefit plan. now we are hearing that some major, major companies are talking with consultants and

advisers about possibly dropping their health insurance coverage for their employees all together. paul kekley of the del orb it center, a major major accounting firm says quote, what we are hearing in our meetings is, we don't want to be the first one to drop benefits, but we would be the fast second to do so. we asked stu varney of to help us out. they cite independent business consultants and others to speak to the propositions that major corporations are doing a financial calculation and they think i may be much better off for us even if they have to pay a penalty to dump massive numbers of people into government-run exchanges and not keeping them on the private health plans. >> reporter: you're right, megyn, they are doing the math, making a calculation. they go to people like deloit to find out what the math of the

future is. how much is it going to cost me, the corporation to give health insurance to my employees years down the road. how much is it going to cost? the answer they don't always like. everybody knows that the cost of health insurance is going up, quite sharply. so corporations have to balance that rising cost of covering their own employees with dumping those employees, dropping them completely, paying a fine to the government, not getting the tax credit for what they pay already for coverage, that's the calculation they've got to make. what is more expensive? which one is cheaper? now the math is uncertainty. it really is uncertain. you can't say for sure it's this way or that way. the danger here is that there is a wholesale dumping of people from their employer health coverage because the cost in the future outweigh the cost of dumping them and getting them out of the system. megyn: the white house has come

out and said, look, don't panic, that is not going to happen because we anticipated employers considering this when we drafted this bill and we have built in tax incentives for these employers to keep people on the healthcare rolls rather than dumping them so that they'd have to go to the exchanges. they are basically saying they've made it so it's not going to be worth it to the employers because they'll lose the tax right off if they lose their healthcare coverage. >> reporter: but what is more expensive, losing the tax right off, the tax credit which they do indeed get for covering their employees, or paying the extra money, because of the ever rising cost of health insurance for their employees? they are doing a calculation and there is no way of knowing which way it will come out. we do know that major corporations are indeed considering dumping their employees from the healthcare plan which they've got now. think about that, megyn. the president has promised us

that healthcare reform would mean that if you've got a policy now and you like it, you can keep it. megyn: yes. >> reporter: this is a threat of wholesale dumping of those policies in which case the president would not be able to fulfill that promise, that if you like it you can keep it. megyn: you can hear somebody at deloit saying that they are hearing from several people, we don't want to be the first to do it. we would be very quick to be the second. you and i could be affected. how many of our viewers could be affected. if major corporations start doing this the congressional budget office predicted there would only be about 3 million people affected because of this time of thing. if it is ten times that, greater than that, stu, who picks up the tab, how does it work, how does it change the debt and the current healthcare system in the country. >> reporter: massive hit on the taxpayer, because if you're pushed out onto these exchanges your health coverage is subsidized by the federal government and the state

government up to $88,000 in income per person per year. you get a subsidy all the way up to that kind of income level, and that is paid by state and federal government, in which case, if you have a wholesale dumping of employer coverage going onto the public exchanges you've got a massive hit to the taxpayer. megyn: yeah because when they did the budget on this bill they were counting on a certain number of people getting dumped off of their employers healthcare charge but not huge numbers like we're talking about this from deloitte. much more on in 40 minutes. stu varney thank you very much. we've spoken directly to deloitte and paul keckley. we'll have more on again at 1:45, stay tuned for that. on healthcare, we are hearing that several companies are looking for special exemptions so they can change insurance companies without adding expensive options. any time a company changes plans

they have to meet a tougher set of insurance coverage standards. we are calling experts about the fallout from these health plan changes. we hope to have somebody with us in about 30 minutes to expand on that. well it is a busy, busy week for the president and others on the campaign trail. president obama is headed to rhode island today for a fund-raiser and he's making one local democrat pretty angry. frank caprio is the democratic candidate for governor of rhode island. when he heard that president obama would not be endorsing his campaign today mr. caprio says the president can take his endorsement and shove it. mike emanuel in woonsocket, rhode island with more. >> reporter: we are here near a small business the president will visit later this afternoon. he's trying to put the presidential spotlight on efforts he's had for small businesses to talk about what it's done for the local company.

then the president will head off to province, rhode island nearby to raise money for the democratic party. the president has been out on the campaign trail recently going to places he did extremely well two years ago trying to reenergize his base. he is coming here to rhode island, we'll talk to local supporters, but last night the white house revealed that the president was not planning on giving an endorsement in the governor's race, and so when the democratic candidate for governor here in rhode island heard about that this morning he went off. >> i never asked for president obama's endorsement. you know, he can take his endorsement and really shove it as far as i'm concerned. the reality here is that rhode islanders are hurting. >> reporter: and so for the republican candidate in the governor's case lincoln chafee a liberal republican who crossed party lines in the 2008 campaign and supported barack obama over john mccain, his camp has taken

this as a victory. as for caprio he accused the president of insensitivity when rhode island had devastating flooding earlier this year he noted that the president didn't even do a fly over, and he accused the president of using rhode island as an atm machine, and so no immediate reaction from the white house, but obviously the president will have a chance to say what he wants to say later today, megyn. megyn: thank you. folks remember for all the latest political coverage and the newest information on the midterm elections you can head over to foxnews.com/aehq, america's election headquarters, your online election source. fox news alert, new details coming in on a massacre right next to our border with mexico. this time gunmen attacking a drug rehab center in tijuana. a witness says armed gunmen burst into the clinic, ordered more than a dozen people, most of them patients, to lie on the floor, and then they opened fire. trace gallagher is following this from our west coast bureau,

trace. >> reporter: yeah, megyn, 13 people in all gun downed at the el camino rehab just across the border in tee tee. we can't show you the pictures because they are so gruesome. reports had people lined up against the wall and shot execution style. authorities say this is clearly the work of drug gangs, it might even be retaliation. last week the mexican government went to a hold up of the sin a low and -- sinaloan drug cartel. they found tons of marijuana. it was the biggest bust in mexican history. they took all that pot and burned it. after this massacre there was somebody who apparently tapped into tijuana police radio and announced there would be 135 killings in tijuana. that would be one more body than there were tons of marijuana.

rehab centers have been hit before. one was hit last september in ciudad juarez, 1 people shot and killed there. and then in june in chihuahua another rehab center attack 19 people killed. tijuana, the mexican president felipe calderon was saying that tijuana's violence was now manageable. apparently that is no longer the case, megyn. megyn: it certainly doesn't seem so. eight days to go until the voters head to the polls. new concerns today about voter fraud. michelle malkin joins us next with a series of troubling reports from around the country. we'll see what kind of impact this could have on the midterm. serious new questions being raised about following the tragic death of a young olympic swimmer. what caused this perfectly healthy 26-year-old to die during a race? plus -- >> we are in a tornado. we are in a tornado.

we are in a tornado. megyn: a lot can go wrong if you get near a tornado. wait until you see what happened after the guy that you just heard got stuck inside of one. to keep in balance after 50, i switched to a complete multivitamin with more. only one a day women's 50+ advantage has gingko for memory and concentration plus support for bone and breast health. a great addition to my routine. [ female announcer ] one a day women's.

megyn: friends and family of a missing college freshman are now waiting to learn whether police have found the body. keller disappeared more than a week after telling friends she was going for a walk in the park. they reclassified the search as a death investigation this past saturday. investigators still working to identify the remains that were found. new concerns today about voter fraud just ahead of the midterms. with eight days to go there are questions being raised about absentee ballots and voter

registration forms from washington state to florida. in some cases there are reports of quote voter fraud on a massive scale with the intention of keeping democrats in office. michelle malkin has been doing a great job of investigating this, she is the author of culture of corruption. thank you for coming on. you site a few on your blog, colorado, arizona, washington state. florida, new york, texas, kentucky, illinois. a lot of these states have critical and very, very tight elections going on right now. you start with colorado. would you say in your words there is an apparent scheme to tpoeus some 6,000 shady voter registrations on the state, 6,000 voter registrations why? >> because they were submitted at the last minute and in fact the judge rejected a petition by left-wing groups, big labor groups that were involved in submitting these voter

registrations to somehow accept them despite a 20-day rule that the state of colorado has passed. the very intention of the rule is to make sure that you don't have duplicate registrations, fraudulent registrations. i'm here in colorado, and as you say there are many, many close races. of course the most mom tphapbt the senate race here between the gop candidate ken buck and michael bennett. the democrat as well as the gubinatorial race which is one of the hottest in the nation. this is one of many cases in which these left-ring groups have tried to smithies have suspicious voter registrations at the last minute and they are waging further war on this front despite the loss on friday. megyn: you talk about arizona as well where there is a massive attempt to get last minute voter registrations through despite some very curious facts about those voter registrations.

>> reporter: correct. arizona bloggers have found out that tens of thousands of these voter registrations submitted by a group called mi familia vota, which keep coming up are closely tied to the service employees international union, in fact cohabitate in the same offices. there is a clear lack of transparency here. it seems clear to me that they are essentially an seiu satellite social justice organization and those tens of thousands of voter registrations just happen to be, well a majority of democrats voter registrations and all sorts of watch dogs are raising questions and blowing the whistle over those shady dealings. megyn: there were 3,000 voter registration forms all dropped off by this one group on the deadline and that almost all of them were registrations for the democratic party which is a statistical improbability at best.

>> reporter: exactly. megyn: you talk about washington state where patti murray has illegal aliens canvassing for her. they want to do their part, michelle they say the campaign is about empowering immigrants who may not feel like they can contribute to a campaign because they can't vote. >> reporter: yes, this should make anyone who believes in electoral -- this is trying to leverage the illegal alien swing vote. although they say they are targeting naturalized citizens, washington state has a long and sorted history of voter fraud in that state in very close elections. again it has to be emphasized that washington state has a hotly contested senate race, patti murray going up against dino ross see -- rossi, and there are others down the ballot as well. the left-wringing group that is

sending out these illegal aliens is tied to radical left-wing organizations. megyn: you talk about texas, where they registered noncitizens to vote any way. and they checked the box no to are you a us citizens. harris county executives approved all the applications down in texas. what is the bottom line here for people watching? put the greater perspective on all of this. >> reporter: look, there is also some me minimum must level of voter fraud in any election. we've seen it in 2004, 2006, 2008. i think an environment where acorn has been so exposed as the leading group when it comes to voter fraud that some people may get complacent about this. there are many acorn off shoots and big labor organizations that are operating under the radar

screen that people need to be vigilant of. those groups are operating in arizona, california, colorado and texas where you do have hotly contested races. we are all voter fraud police now, and i think that the confluence between social media, citizen media and outlets like fox news of course are making it more difficult for them to operate, but they are doing it any way because after all the modus operandi of these groups is by any means necessary. megyn: honestly, honest people, nobody should want that, nobody wants somebody casting a ballot who isn't legitimately entitled to cast a ballot if it's not a real registration and actual voter it shouldn't be out there. michelle, thank you so much. >> reporter: thanks a lot, me meg take care. megyn: one of the top catholic leaders in america is blasting "the new york times." archbishop timothy dole lan right here in new york is an easy going very friendly guy. we will show you what has him so upset right after this break.

and vice president biden is today campaigning for congressman alan grayson of florida, a congressman that george will calls the worst politician in america. in five minutes we'll show you why the white house picked this guy out of hundreds of worthy candidates. >> the republican healthcare plan is this, die quickly, that's right, the republicans want you to die quickly if you get sick. @=h

megyn: the man accused of killing washington intern chandra levy goes on trial today. lawyers for illegal immigrant ingmar guandique set to deliver opening statements today. that trial expected to last at least a month.

bp is selling off four deepwater oil fields in the gulf of mexico. a japanese company agreeing to by them for $650 million. the cash going to pay for the massive gulf cleanup operation. and hurricane richard weak evening to a tropical depression after slamming into belize. richard is pushing through guatemala and southern mexico on its way into the gulf. new york archbishop timothy dolan ripping "the new york times," a cushion the paper of mocking catholics in a way it would never consider, he says for other communities. trace gallagher has more live from l.a., hey, trace. >> reporter: archbishop dolan is blasting "the new york times" for what he calls their gushing review of an art exhibit as well as a play that he believes are anticatholic. both of these reviews came out in "the new york times" on october 15th. one is an art exhibit by act up, that's an aids activist group and the shows john cardinal

o'connor who died ten years ago next to a condom. at the bottom of that there is the word scumbag on that as well. you see it right there. the play is called the devine sister. the pokes fun at n u.n. s, how hollywood has depicted n u.n. s over the past 50 years. they say it covers cultural events even if some disagree with the content. dolan is asking is the playing field equal here. if they are going to say e oh, no, we do that all the time. i'm going to say, show me when you do it to the islamic community, to the jewish community, to the african-american community and to the gay community. dolan went onto say he was offended at the slam on cardinal o'connor by aids activists because he was so involved in aids victims, hoping two aids units at catholic hospitals in

new york. while this is going on you talk about artists, freedom of speech and expression, remember that theo van gogh was killed over the depiction of muslims he made a year ago. megyn: i apologize to the viewers, we are not even allowed to say that s-word on this channel for obvious reasons. if you don't know look it up. in any waepbt, trace gallagher thank you. >> reporter: okay. megyn: wow. democrat alan grayson of florida gets a lot of headlines for his vicious attacks on republicans. the one-term congressman is trailing in his bid for re-election. the white house now sending in the big guns to stump for him. next, why is the white house lending its credibility to a man who political columnist george will calls a political sociopath. this girl made national

headlines for having a nonstop case of the hiccups. now she is back in the news for her alleged connection to a murder. >> and it's just exhausting. i feel like i need a nap by the time i get up. it hurts so bad. i'm at the point where i want to cry now. [hiccupping ]

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megyn: fox news alert, we are just getting tape out of rhode island where police were checking out a suspicious package near where the president is scheduled to appear this afternoon. about five minutes ago people on the scene heard a pop that they think was the sound of police blowing up the package. it was described as a cardboard box, about one foot by one foot. as we learn more we'll update you. keep it right here. well, the white house is now throwing its weight behind a very controversial democrat in florida. vice president joe biden personally taking part in a campaign event, it's a fund-raiser for congressman alan grayson. grayson has made himself famous or you might say infamous with some wild comments and attacks. >> the republican healthcare plan is this, die quickly. that's right, the republicans want you to die quickly if you

get sick. i apologize to the dead and their families that we haven't voted sooner to end this hollow cost -- holocaust in america. i will say this to republicans who have blocked this for months and kept food out of the mouths of children, i will say to them now, may god have mercy on their souls. megyn: there are many more examples. why out of all the democrats who find themselves in tight races with eight days to go is the vice president going to help this guy. brad blakeman is the former assistant to george w push and -- bush, and dick harpoo tia n is also here. he described his challenger as taliban dan, to really unfairly

portray his opponent, that is an opinion shared by folks on the left and right. why, brad would they send the vice president to back this guy? >> it's beyond me, megyn, maybe biden feels sympatico with him. megyn: let me stop you there. vice president biden is gaffe-prone. i don't think anybody will dispute that. alan grayson are not gaffe, these are intense tphal mean spirited attacks. >> that's correct. that is why it's puzzling that the white house would reduce themselves to supporting this guy over the hundreds of races in the house, senate and governorships, they are going to support this guy who has been so vicious? look, if he was from georgia, do you think they would send the vice president? no, he's from florida. florida is an importantee electorial state for democrats and that's why they are supporting a guy they should be running away from. megyn: he represents basically the orlando area, dick. maybe the discussion i just had

with brad hits it on the head. vice joe biden may be gaffe-prone but there is something loveable about him. alan grayson i have yet to see the loveable side. >> of course we don't live in orlando. i've seen polls that hit grayson in the head. joe biden is to provide excitement in florida for grayson and/or the democratic party. there is a close congressional race and a senate race -- megyn: a thousand bucks a head, 30,000 bucks expected to be raised. >> that will help i'm sure turn out democratic vote. let's look at this in the context of what is going on nationally. here we have mitt romney, sarah palin to help nikki haley in her run for governor. she hadn't paid her income tax tax necessary five years, tried to fix a state audit of her father's business.

it's one awful thing after all thing. megyn: let me ask you, you do you -- do you like this thing grayson? >> he's what i call an almond joy candidate. and by that i mean this, sometimes i feels like a nut, sometimes he doesn't. he sometimes says some really outrageous stuff, but sometimes he's on message, and does good things. i think he's crossing the line. megyn: brad, is he just a loveable lug, george will, just a couple of examples of how he refers to him this guy is not known for his rhetoric. america's swarmist politician. it would be an act of hygiene to vote him out of office. he's a political sociopath. >> he's a bag of nuts. this guy is absolutely for democrats the worst possible candidate to support within a week of a major election. do you think this is going to help your candidates in florida, to focus on somebody who has

been so controversial in a bad way to your party? this isn't a guy who is a rogue, a colorful guy who speaks his mind. this is a guy who is mean and vicious. this is not the type of person democrats should be embracing it's the type of person they should be running away from. i know in orlando there are a lot of amusement parks and a lot of cartoon characters running around but you don't need one of them in congress. megyn: it's funny you should say that. the republicans are chiming in on this and they cite "the new york times," this is for you, dick, they cite "the new york times" as saying, he acts meaning grayson he acts like a character on the lamb from one of his orlando district's theme parks. and now it's to the point where thinks opponent, dan webster has said i'm not even going to debate this guy. he is to [whistles ] you have the question why the white house would lend vice president joe biden's credibility to them. a spokes american says alan grayson deserves to be back to

continue fighting for the people of central florida. dick. >> i think first of all i find -- i'm heartened to see that you're quoting the left wing new york times on this program now. i haven't heard that before. megyn: we quote them a lot, they don't often rip on the democrats like that. >> more importantly, there is a choice, taliban dan webster or alan grayson. apparently between the two of them grayson would be the better pick. let me remind the voters of florida this, you really screwed up in 2000. >> why would you call him taliban dan. that is a disgrace. you shouldn't be doing that on national television to. associate him with one of our greatest enemies that's beneath you, you shouldn't do that. >> he's been called that in an ad down there. >> by grayson he's been called that. >> absolutely. grayson is a nut, oh, my goodness, gracious, brad you need to calm down late bit.

>> yours isn't to the high standards that it should be. megyn: go ahead, dick. >> wait a minute, i'm not pc enough? oh, my god i'm a democrat. i love gays and african-americans. you want me to give the lit me here? megyn: you love them all except for republicans. >> the people of florida screwed this country in 2000 by giving us george w. bush, please don't do it again. okay. megyn: we'll have to leave this one. we'll have to give dick the last word on this one. >> you don't have to get bush in there. megyn: at the end bush won. he's not happy about it but he got the extra four years. thank you both so much. >> god help us. megyn: actually, i guess it was eight because that was the 2000 election. we've got new details ahead on our top story. reports out today that some of the nation's biggest companies are talking about dropping health coverage for potentially millions of americans workers. this could mean you. we'll have much more. plus, you may remember jennifer

mee as the girl s*ufrg from uncontrollable hiccups. police say she has a new and very disturbing claim to flame. a north carolina town says a christian flag cannot be flown at a memorial for fallen troops. they are fighting back. right after this break. diabetes testing? what else is new?

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>> ladies and gentlemen the president of the united states of america, barack obama. megyn: this is a big bleeping deal. it turns out truer words may never have been spoken. reports today this a major u.s. company is seriously considering dropping its employee healthcare coverage citing the rising costs under the healthcare law. an arm of deloitte saying,

quote, we don't want to be the first ones to drop full coverage but we would be the fast second. james kline is president of the american benefits council and he knows a thing or two about the companies and what they are facing now. james, so this question, paul keckley was the director for the deloitte company. he was going to be our guest except for a flight conflict he had. he was perfectly willing to come on camera and talk about this in the open. this is less than a week after we learn that boeing is going to hike the rates of its employees 80,000, 90,000 of its employees because in part of the healthcare law. now we find out that this major company and according to the governor of tennessee predicting that other corporations are going to seriously consider or wind up dumping masses of people off of their employer-paid healthcare plans because of this law. is this the wave of the future? >> well, i think that no company is really going to make any kind of decision along those lines until well after 2014 when these

state exchanges are established. that will determine if they work, as everybody would hope that they would work, whether or not there will be a viable markets for individuals to obtain coverage, not from their employer. there are so many factors that will pressure employers both ways, either to stay in the system and continue sponsoring a plan or get out of the system, that i think anybody who tries to make a judgment now is really over simplifying the signatures. -- the situation. megyn: it's not that deloitte is considering its coverage, i misstated it. i want to correct myself with the view rers. it's that it consults with other corporations on their healthcare plans and dephroeut says -- deloitte says the companies it's talking to say we don't want to be the first but we would be fast to be the second. for the peace of mind for the deloitte companies who are listening to me. the reason for this is it's cheaper, it's just cheaper for a

lot of the companies to say i'd rather pay the $2,000 per employee penalty than to actually pay the expensive healthcare healthcare which is greater than 2,000 and greater than the tax cuts that i get from the government for providing healthcare. >> there is no question that a $2,000 penalty is a lot less than what most employers spend per employee for healthcare coverage, so looking at it strictly from that financial perspective, you know, a logical conclusion would be, gosh, we'll just drop this and let our employees obtain their coverage through these new exchanges that will be established starting in 2014. cutting against that, of course, is number one, you have to have some confidence that that $2,000 penalty will remain where it is and not go up. it's not a deductible penalty. and at some point, of course, the employ ears going to expect more in the form of -- employees are going to expect more in the form of wages to compensate for the fact that they are not going to have the employer subsidy for the charge if the employer stops sponsoring the plan.

there are so many factors that are cutting both ways here. megyn: but what troubles a lot of our viewers, james is when you see the governor of tennessee come out with this op spayed ed in the "wall street journal," the governor of the state, a democrat as you can see there. he ran through the hypothetical. he crunched the numbers. i'll spare our viewers the math, they know i'm not good at that any way. he did it. he said let pea tell you the cost to our state for keeping owl the employees on our state-provided healthcare would be $346 million. the cost to us if we kicked them all off and made them go on these insurance exchanges and he's including the tax penalty they'd face, every other penalty they'd have to pay the government would be $200 million. so the state under his estimation would save $146 million if it would kick the people off of the state sponsored roles and make them go on those exchanges. that kind of calculation doesn't sit well with most americans who have employer-sponsored healthcare.

>> yeah, i think that there is still going to be a strong desire on the part of employees to get coverage through their employers. there is no question that the penalty could be very attractive, because it's less expensive than sponsoring a plan. you know, at the same time i think that it's also true that employers, particularly in the private sector, are going to be looking to see what their competitors are doing. that goes back to the original quote from the gentleman from deloitte who was talking about some of his clients who are saying that they are not going to be the first but they'll be quickly to be the second if that happens. as in everything else, employers look to see what they need to do to remain competitive, to attract and retain the best employees, and traditionally healthcare coverage has been a big part of that. megyn: the thing is, james, let's say, whatever it is, a few big companies decide for them it's worth it. president obama in selling his bill said if you like your health insurance you will get to

keep it. he told the american people that they were not going to get kicked off of their employer roles, that this is really going to be helping the people who didn't have insurance in the first place. and now you find out, you know, here i'm at fox news, you know, people are at their companies today with the tv on thinking, woe, wait a minute. now you're telling me my employer may be sitting in an accounting office with deloitte or someone else crunching the numbers and saying actually kelly you won't be able to keep your sponsored healthcare any more. it's cheaper, it's a competitive environment, we are still in the mist of an after math of a recession if not the actual recession, sorry but desperate times and all, good luck. >> this is all going to depend on how successful these exchanges are. if they truly provide competitive, affordable coverage for individuals that will make it an easier decision potentially for larger companies who would be operating outside the exchanges to say we'll pay you more, you get your coverage through the exchange.

if, however it's going to be very expensive, then, you know, then employers are going to say this isn't really the viable option that we thought it might be, and employers will continue to sponsor coverage. and there always be, of course, other reasons why employers might choose to provide coverage, just as they do currently in a voluntary system. there is no question that there are elements of this 2700-page bill that will cut both ways. some which will push employers out, some that will make it possible for some employers to have coverage. megyn: the governor of tennessee was saying you could even build in a bonus that they give to every employee to pay them more to convince them to stay with the government and still, and still the state would save $146 million if they just booted the people off the roles. it's an interesting problem and one that has a lot of people concerned. james, thank you for your expertise on it. james kline, everybody. quarterback brett farve is

making confessions about the scandal concerning the football star from a woman who said he made sideline passes that were very offensive. what he is and is not confessing to. three minutes away. fran crip crippen won many medals, why did this healthy man die and did they ignore a critical warning. stay tuned. >> i loved him. if you wanted a friend you wanted fran crippen to be your friend. [ male announcer ] alka-seltzer plus rushes relief for all-over achy colds. the official cold medicine of the u.s. ski team. alka-seltzer plus. 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.

megyn: envelope legend brett farve fessing up saying he did in fact leave voice mails for former u.s. games hostess jen sterger. he is denying he sent her

x-rated photos. the nfl is investigating this situation. sterger has not cooperated with the investigation. that could soon change. she is strongly considering a meeting with league officials. well new developments in the death of a u.s. national team swimmer. champion athlete fran crippen was just 26 years old when he died during a competition that took place over the weekend near dubai. they are saying he died of over exexertion. there may have been more to it. this was an open water 10k, dubai. the water temperature we're told was nearing 90 degrees. after about 8-kilometers, a little over five miles fran keup pen notified his coach, said he was not feeling well. when the race finished fran crippen never showed up at the finish line. several swimmers dove back in the water, followed by dive

teams. they eventually found crippen's body by the last bowie in deepwater not far from the finish line. from crippen -- all accounts, look at him a phenomenal athlete. he's won numerous international medals. a number of other swimmers were affected in this water. through others were taken to the hospital. the winner of the race says, and i'm quoting here, the water was amazingly hot. nobody thought such things like yesterday could happen. it shows it was really just too hot. it was not just one swimmer there were many swimmers who had serious problems in the water, and we did some research and apparently hyper, not hypo, but hyperthermyeah when the water is too hot. big problem your body temperature rises that could be a huge problem in that temperature water, megyn. megyn: dr. siegl saying the saltwater may have played a role. thank you. police in washington now say that a high energy drink and not

drugs sickened a group of washington college students a few weeks ago. remember this case? police originally thought the students may have been reprieve massive date-rape drug. now we hear a high energy drink was behind it all. more as we get it. you may have seen the story but you didn't see the video we just got. a new tape showing the view from inside this monster tornado. >> i'm in the tornado. we are in the tornado. [ male announcer ] it's simple physics...

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megyn: a fox news alert. the president's approval rating reachest the lowest mark ever according to a key barometer. welcome to a new hour of "america live." i'm megyn kelly. this is from ga -- this is from. the big news is this rating saw a 7-point drop in just the last

week. bret baier is anchor of special he's set to be my co-anchor on election night. 41%. it's never good when you are below 50. gallup has an all-time low for this president at 41 and a prefall due to what? >> reporter: that's a good question. it has been dropping over the past week. it's been dropping in a number 6 different polls. in gallup's poll this ties the low in mid-august. but in other polls it continues to drop, especially among independents. there is a new poll that has his approval rating at 38% among independents. this is a big development. you have a slippage of independents away from the administration and democrats in some, but away from the administration. and we saw starting back in virginia, and in new jersey, the

governor's races. megyn: i'm trying to put my finger on what it would have been. we have seen more of the president. he did give that "new york times" i think it was interview last week that was controversial. some people felt put down because he continued to criticize those against him as not being up on all the facts. what could it be? >> reporter: there are two things. one is the stimulus still hang around his neck that hasn't delivered. you mention that "new york times" magazine. he said there was no such thing as a shovel-ready project. we heard the president saying he used those shovel ready projects on the stump and trying to sell it. then you have healthcare. you dealt with the rising premiums in healthcare and possibly big companies dropping healthcare plans. just this week some people are getting from their health insurance companies an increase of 14% after the healthcare law

is now in effect. healthcare is a big issue. you are not seeing a lot of democrats running on it, very few because it's tough in the polls. it's upside down in almost every state. megyn: the generic ballot shows independents are preferring republicans by 17 points over democrats. which echos your reporting on what -- how they feel about president obama. and a democratic poll that was offered said you can write in open-ended responses about why you disapprove of president obama's job performance. this is a democratic polling outfit trying to get a feel for why people are unhappy. they wrote in economy, money, and the most frequent thing twice as often as any other answer was healthcare. >> reporter: it's a big issue. you have see candidates likey le

giannoulias in illinois saying the president shouldn't have focused on healthcare, he should have been laser focused on the economy and jobs. even the folks who are most closely tied to the president are trying to put some distance between themselves and this administration. megyn: even though the democrats and president aren't mentioning it, the republicans are so it's out there. fox news is america's election headquarters. bret and i will be co-anchoring the election coverage with analysis from our all-star cast of political experts. all the big talent you will see that night on the panel and elsewhere as we bring you the result as they come in. we also have a fox news election alert on a controversial move that could give foreigners a right to vote inside the united states in a u.s. election. this is a ballot initiative in

portland, maine. so they would -- just so we are clear. they want to allow people to vote. people who are in this country -- we are not talking about illegals. we are talking about people who are not u.s. citizens to go to the ballot box and cast their votes. >> we are talking about legal residents who hold passports from foreign countries in san francisco and portland, maine, giver them the opportunity to vote in council elections, school board elections, on issues of local importance and say you have the same right as an american citizen even though legal residents are barred by federal law from participating in federal elections. we want you part of the process. we don't discriminate against immigrants. because it's only fair, you are paying taxes and you are part of this community and your children are being educated in the schools.

so you should have the same capacity, right and privileges as an american citizen whether born here or naturalized who has gone through a criminal background check, who has taken civics class, who has taken a test. who comprehends english enough to take a citizenship test, you should have the right to vote as well. megyn: the league of young voters says they are here. they count when it comes to counting up the number of residents for getting federal dollars, sew it counts when it comes to getting federal money but they don't count when it comes to voting in november? do they have a point? >> i don't think they have a point. sit seasonship is a -- citizenship is a right and privilege we take serious any this country. i chaired a commission in new york state, we were looking at election modernization. we held hearings. a korean veteran says when i go

to vote, there are two people in the polls. he said when i vote, the fellow who died next to me, my buddy, my hometown, in the korean war, he's in there with me. and he was saying that metaphorically. because obviously he wasn't there with him. about it comes with a seriousness of purpose. it comes with an allegiance to this country. megyn: we have seen in this election such an outcry in particular from the left about foreign money, allegedly this is not a sustained allegation that foreign money is being sent by the republicans to influence elections. now you have got portland, maine. can you -- if portland passes this measure it will join chicago and several towns in maryland which already allow foreign nationals to vote in

local elections. in maryland there is no stop gap -- megyn: it's not okay to take their money but it's okay to have them show up at the ballot box? >> it's an absolute disconnect. it preys on certain misconceptions about american history and how immigrants are treated in this country. we are saying this and i'm saying this should be a capacity for legal residence in this country. there is a capacity for those people on a pathway to citizenship that includes a criminal background check, taking a test and understanding the culture and civics of the united states of america. but to say that wholesale state by state we are going to grant people who hold the passports of somalia, of the congo, the united kingdom, russia, iran, to give them the capacity to vote

in local elections and the most important decisions we have in our communities without having the allegiance and connection that citizenship brings is find disturbing. megyn: and the responsibility. megyn: portland is home to foreign nationals mostly from somalia. well, here is an ad for foxnews.com. where we want you to go to check out all your election headlines. and coming up. a michigan woman is looking for a roommate. posting an ad on a message board at a church. how that little ad landed her in the middle of a big "kelly's court." she says her husband was murdered by a mexican drug cartel while riding a jet ski on a border lake. now tiffany hartley has a bold

message for the president of this country. plus she made international headlines. she could not stop hiccupping. today jennifer mee on the front pages. criminal charges that could have her behind bars for a very long time. >> it many exhausting. i feel like i need a nap by the time i get up. i'm at the point where i want to cry now. [hiccupping] diabetes testing? it's all the same. nothing changes.

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megyn: a couple of stories developing on the campaign trail. a firey debate in the alaska senate race. a judge has ordered the release of his personnel file. he admitted he was once

disciplined for an ethics violation during that job. kirk is leading giannoulias, but that is still within the margin of error. another new poll, this one on early voters. independents are flock together republican candidates. choosing the gop over the democrats by a 14-point margin. now to the story that made us stop when we heard it this morning. a woman who made national headlines for being unable to control her hiccups is making headlines of a different kind. police charging this young woman and two others with murder. the police say jennifer mee lured a man to her home where two others involved robbed him and shot him. trace gallagher has the story live from our west coast

newsroom. >> reporter: the headline is jennifer mee and those two accomplices admitted they did this. jennifer mee says shes is the one that lured this man to her home in the tampa bay area and the two men were waiting at that home. then they robbed shannon griffith and sometime during that robbery a struggle ensued. a number of shots were fired. griffin was shot three times through the chest and one someplace else in his body they would not disclose. jennifer mee is being held without bond. she made big headlines three years ago. she did the talk show circuit because she could not stop hiccupping. 50 times per minute for weeks and weeks on end. she tried a number of remedies. she consulted several doctors. nothing worked. then after 55 or 56 days, the

hiccups suddenly stopped. the hiccups are done, the lockup apparently will last some time. she is facing the death penalty if convicted. megyn: the hiccups will become relevant. you could make a case for insanity, for that nonstop hiccupping affecting mental stability and this happening thereafter, though there is a lot of time between the stopping of the hiccups. >> reporter: do i sense a "kelly's court"? megyn: may be. you can understand how that would drive you insane. doesn't it drive you crazy just listening to it? that was more than a year ago. she was on "fox and friends." >> reporter: three years ago. she was 16 years old at the time. megyn: she is 19 now, also a problem for her in connection with the murder charge. trace, thank you.

wow, unbelievable. trapped inside of a tornado. >> we are in a tornado. megyn: we received some rarely seen unique video from the guys who shot this incident and we'll bring it to if you three minutes. barbara boxer made news when she dressed down a brigadier general for calling her ma'am instead of senator. now it has become a campaign issue with just eight days to go before the vote. wait until you see the new ad exploiting this uncomfortable exchange. >> why has it been delayed? >> ma'am, at the lacpr -- >> could do you me a favor and say nor instead of ma'am. it's just a thing. i worked so hard to get that title. i would appreciate it, thank y

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megyn: amazing video out of texas. tornadoes ripping through that state. eric myers having a close encounter with the monster tornadoes. we spoke with him this morning. he told us to grab this tape from his facebook page. watch it. >> we are in a tornado. we are in a tornado!

megyn: the sound on top of watch see gets you. look at the devastation. the tornadoes damaged several homes tearing off the roof of an elementary school. powerful twisters moving to interstate 45, leaving a big mess there. knighters myers nor his passenger were hurt when he took that video. just 8 days to go before the vote. a hollywood heavyweight lending his hand to defeat barbara boxer in california. taking aim at one of the most awkward uncomfortable exchanges ever on capitol hill. >> why has it been delayed? >> ma'am, at the lacpr -- >> do me a favor. could you say senator instead of

ma'am. it's just a thing, i worked so hard to get that title. i would appreciate it, thank you. >> yes, senator. >> order, please, captain, captain. i worked so hard. >> i worked so hard -- >> it many time. megyn: susan estrich is a contributor to fox. that exchange seemed to elicit so much emotion. when we did that story, people went crazy. now the director of "airplane,." he come out with this saying i used to support her. i'm sorry. i see the error of my ways.

is this ad effective? >> it worked. this ad has never been on regular television the way people buy time to put ads on. he and his brother had a falling out about politics. his brother is a friend of mine doing a valerie plame movie. this ad was done to get attention to that video clip which it succeeded in doing. in our dreams it's gone viral from here. that's the new political communication at work. megyn: they claim that after that happened -- obviously boxer's people knew that was not a good moment for her. afterwards she called that brigadier general and had a friendly conversation and expressed their respect for one another. as you are watching your now candidate in that exchange, you see it, now you will see it if they buy air time over and over again.

what do you do? is there any fixing that? how bad is that moment for her? >> well it depends on where it gets viewed and by whom. barbara boxer is who she is. she has got a little new york in her, i say that affectionately. that's just who she is. do i think that will affect the race at this late date? i don't think so. is it my number one choice of what to talk about? i would probably wouldn't say that one. no. but it's funny because it isn't really an issue. megyn: i feel like -- it's so unflattering to her. it's a brigadier general who was paying her respect, about it wasn't enough for her. she needed more. she needed him to refer to her by a specific title because she felt put down and disrespected where she had to call him out

publicly. >> i wouldn't do it, megyn. but i think wait reflects is she didn't understand ma'am was like madame queen. ma'am was above in some sense senator, and that was a title of respect. and i think a lot of people particularly those who have been put down quite a few times along the way, and barbara boxer certainly has been. maybe they are a little sensitive. it wasn't intended. but that's why i think she said it. i don't think it reflects well on her. megyn: it's not a good exchange. the brigadier general is so quite and respectful. it would be one thing if you saw him up there with a bunch of tude. buff he was being respectful and trying in my view to bend over backwards to give good information. that race is tightening between boarks and fiorina. she is still ahead, but by a

smaller margin. rasmussen has her just 2 points ahead. >> it's fluctuating but i think she is going to win that race. if you are a republican and you want to win in california, you need 20% of the democratic vote. the way the state is just structured. it's a much easier state, the default position is very blue. if you look at breakdown particularly with what's happening with hispanic voters who are trending democrat. and the democrats have larger registration. it's easier to win if you are a democrat than a republican. megyn: interesting point. i appreciate you being here as always. david zuckerer, the director of "airplane" will be a guest on

"your world" with neil cavuto. you run out of room, you want to pick a roommate. you have a right to pick how want. no, you don't. one woman's ad on a church message board lands her in court on "kelly's court." tiffany hartley claims her husband was runed down on a mexican lake. today she has a message for president obama. remember that, read the bill. that was the rally cry for the opponents of the overhaul system. one man who did not heed that warning now wishing he had. >> reaching as far as they did in the bills that we didn't know about and no one else knew about, knowing that i would not have supported that or voted for that at that time. i think many people didn't know about the bill. it ends up 2,000 pages or more.

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correspondent carl cameron is live in west virginia with more. >> reporter: we talk about how president obama can be a dplag some places for certain kinds of democrats. this is the epicenter of that problem for the democratic party. joe manchin, the popular governor of west virginia with an approval rate in the high 60s was considered a lock on this seat. he is socially and fiscally conservative. he has been endorsed by the chamber of commerce, the national rifle association, he opposed the president's cap and trade bill. he talked negatively about the obama agenda, and when it come out of healthcare he has gone out of his way to trash that. >> reaching as far as they did in the bill that we didn't know about. knowing that i would not have

supported that or voted for that. it's 2,000 pages or more. >> reporter: manchin said if he knew now what he knew -- in he knew then what he knows how he would not have supported it. raese has run for office in the past in west virginia and come up short. he's a very, very sort of pug of pugnacious republican. voters think when manchin gets to washington he will vote like the rest of the democratic party. >> my message resonates because they know if i go to washington, i'm not going to sit dlown and get potomac fever. >> reporter: by potomac fever,

he means joe manchin would vote with the democratic liberals. both sides say the margin is probably .1 of a percentage point. both sides are beginning to make preparations to bring in the lawyers for a possible recount. megyn: that's when the lawyers come in. thanks, carl. joining us with more is rich lowry and christopher hahn. thank you for being here. the race couldn't be tighter. let me ask you this, rich. it's stunning. you tell me if i'm wrong, to hear governor manchin say that he didn't understand the healthcare law. that in the bill that no one knew about, if i had known then what i know how, i wouldn't have endorsed it.

this is somebody who publicly endorsed it before it was passed, who arguably had an effect on the decision. now to say i didn't understand it, how does it play? >> he's finding any reason he can to run from this thing as a scalded dog. he is a popular governor. 1/2, 70% of west virginians approve the job he's doing as governor. but they can't stand what's being done in washington. soon he stepped off the gubernatorial stage and said i want to be a national democrat his numbers plummeted temperature joe manchin has been a fine governor. let many keep him as governor and not send him to washington. megyn: he came out and said i was wrong. i was wrong. i shouldn't have said i would have voted for it. now that i know the bill better,

i would not have. instead he says i didn't know. i mis misunderstood it. he says i didn't know about the mandates. but we all knew about the mandates, it was one of the biggest things debated about this bill. and the fire wall for abortions was insufficient. that was another big issue. bart stupak. for him to claim he had no idea about these things sounds disingenuous. >> democrats need to embrace what we did in this healthcare bill. we spot our competitors worldwide. we spent 17 dozen 5% of our -- 17.5% of our gdp on healthcare. megyn: that's eans an argument

in support of the healthcare law which is not the focus of this. the questions is in a race this tight with a guy whose popular and people trust, does this erode that trust? >> i think he should stick by his guns. to go out there and pick apart the bill i don't think makes any sense. i think you have got to stick by your guns. this is what was good about it. this is what was bad. when i get to washington i'll try to fix what was bad about it. megyn: that has bent message in the last few weeks nell went on "fox news sunday" and changed the message to i misunderstood it, no one knew about the mandates or the poor fire wall on abortions. what is he saying? does it not erode the trust in a tight race? >> he has been heading in this direction for weeks now. he realizes as almost every

democrat around the country realize. crisp advicchris' advice is a warrant. >> we have aloud republicans -- megyn: for me the problem for manchin is it taps into something about healthcare that people maybe overlook. forget whether they like the law. they don't like the process. they don't like the process by which it was passed. it was shoved through in the senate and so on. an taps into that by suggesting he didn't read the bill. and you saw the people, "read the bill, read the bill! " he didn't, and now he endorsed it. >> the talk this was shoved

through is false. democrats campaigned on this bill. this bill is to the right of what they campaigned on. the big changes, that 35 million americans now have coverage. what he should be doing is saying there are a lot of people in his state of west virginia who now have coverage who wortherwise wouldn't. this is a good thing for america. this will over time lower our healthcare costs, not raise them. the reason why democrats across the country aren't doing that is they allowed republicans to define what this bill is. >> let me ask you this, chris, did barack obama campaign on an individual mandate in 2008? did he campaign on it? did he support it or oppose it. >> he said he would bring healthcare to 35 million people. >> he opposed the individual mandate. he ran as opposing radical

healthcare reform. then when he got in he rammed this thing through. i think people are disgusted about the process. but main thing is the substance of this bill. it was sold on false pretenses. chris' talk points are badly out of date. the government's own actuaries say it will increase costs, not decrease them. people know this thing is a stinker. >> you know what happens when people don't -- they go to the emergency room and the emergency room has to pick up the tab and it falls on the state and local governments. megyn: that will be continued in the green room. they are putting funky music in my ear which means they want me to end the segment. she was looking for a roommate so they posted an ad on her church message board. that ad lands her on the docket because she any trouble with the law ahead.

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megyn: "kelly's court" is on the docket today. "single christian female seeking the same." she is facing civil rights, the woman soliciting a companion to shares her fate. her attorney equates this to. arthur, you are telling me this woman didn't say, i don't like jews or i don't want muslims. she just said seeking fellow christian. that's enough to get if you trouble with the law? >> it's even more benign. it's not like she went to a synagogue. she did it within her church. she is saying i would like someone who shares the same faith to live with. are we as a society -- are we

going to get into people's bed rooms and apartments who you can live with and who you can't live with under the fair housing act? does she need to not even -- can she categorize gender or does she have to say i need a roommating with period. megyn: apparently the law is, you can say you want another female. they will let that pass. but if you go beyond that, white christian, sort of get into anything that's dicier, sexual orientation, that's not okay? >> that's not okay. i don't like it, but that's the law. apparently you can choose to live with someone who shares your same faith. you just can't put it out there and advertise it. megyn: say that again. >> it's okay what to live with someone to who shares your same faith, but to put it out there to advertise it looking for someone of this particular

religion, color, that's a violation of federal law. megyn: with he just said is an accurate statement of the law, and arthur, isn't that ludicrous. she can discriminate against anybody she wants to, she just can't put it in the law. >> the state of the law is, i want to live with a woman, then she has to interview i have woman who comes forth. megyn: this would be okay to prospective roommates. complete the following sentence. hail mary full of ... how far do you take this? can you secretly find out if they are christian or what? >> here is a reason i think this is ludicrous. if this case goes forward which hopefully it won't. if it goes forward this is the kind of case you bring to trial. even though mark may be right, it's a clear violation of the

written law. you go with jury nullification. this is a stupid law. megyn: aren't there first amendment issues? they are not criminalizing the behavior of not wanting the jewish roommate, it's criminalizing the speech. the housing department in michigan said if you read this and you were not christian would you feel welcome to rent there? what should she have done, pretended she wanted non-christians and wasted everybody's time? >> we don't have money problems in this country, we are going to devote the resources to this. i don't know who narc''d her out. they are looking for her to pay the cost of investigation. i think it' outrageous. >> that many insane. they want her to basically pay to be prosecuted. they are saying she needs to

pay -- she needs to reimburse the government to investigate her. what if she said i would like a woman non-smoker. she is in trouble for that? >> smoke can is different. megyn: they say they plan on pursuing this matter and they want to make sure this never happens again. >> be careful out there, everyone. watch who your roommates are. megyn: this is total nonsense. you may lawfully discriminate against a non-christian, you just can't say you are doing it. e 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. 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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megyn: the widow of the man who was killed on the texas border is speaking out. tiffany hartley is saying the example should be for president

obama to take action on border security. she says her husband's death should be a focal point on why the united states should be taking on these drug cartels. for rhode island, what's in a name could be a loaded question. the official name of the state is state of rhode island and providence pran takes. the state lawmakers are asking the voters to simplify it to rhode island. that long thing with the plantation thing -- >> reporter: i lived there for two years and i heard almost nobody say it. rhode island is the smallest state and it has always had that longest name that may change this november. >> reporter: how long have you been a state senator. >> six years. report plantation is one of them -- >> what do you think of when you

hear the word plantation? >> my mind is flooded with negative thoughts of slavery. >> reporter: that's why the senator wants the change the name of rhode island wyoming is officially called the state of rhode island and providence plantation. >> the injustice. women being raped. families being torn apart. >> reporter: he's supporting a ballot referendum that will put the issue before state voters november 2. some state republicans call it ridiculous at best and at politically motivated. >> it's an attempt to distract people by focusing on a race issue that isn't even a race issue. cicione points out that rhode

island's elongated name preceded slavery in the new world. the pilgrims lived on plantations. are you going to accuse them of racism? >> reporter: your opponents say it historically has nothing to do with slavery. what do you say to that. >> rhode island had a role in slave trading. >> reporter: he points out the swastika also originally had a positive meaning. megyn: in my opinion it's too darn wordy. >> reporter: it's going to be expensive to change it. megyn: after randy quaid and his wife reportedly making some bizarre comments after they were arrested in canada, they are saying they are seek asylum from

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