sounds natural. - the quality of sound is excellent, and yet they're, you know, the size of a thumbtack. announcer: to learn more, call: today. jenna: jon is going scuba diving for golf balls. $50,000. jon: free money. jenna: thanks for joining us everybody. jon: "america live" starts right now. shannon: we start with fox news alert, new calls to send our troops into another foreign country. this time that country is right in our backyard . welcome to "america live," i'm shannon bream in for megyn kelly. the mayor of texas says we should consider sending our troops into mexico to defeat the drug cartels. drug related violence has cost lots of lives. trace gallagher has an update. >> reporter: the governor of texas continues to say that he is not going to run for

president, but boy he wasn't suggesting or hinting about troops, he was very straightforward. he was asked the question, would you advocate military involvement in mexico? and he said, and i'm quoting here, i think we have to use every aspect of the law enforcement that we have, including the military. i think we had the same situation as we had in columbia. obviously mexico has to approve any type of a miss sans that we can give them, but the fact of the matter is that these are people who are highly motivated with money, they are vicious, they are armed to the teeth, and i want to see them defeated. and here is what the texas governor told us at the republican governor's convention in san diego, listen. >> i mean how many more americans have to die? i mean we had five more americans die in the last two weeks along the border that i know of. how many more have to die mr. prident before you really get it that we've got to have a substantial presence on that border? >> reporter: as the texas

governor says, the violence continues to mexico to explode on the border. these are pictures of falcon lake, remember where david hartley was allegedly shot and killed on a jet ski riding with his wife. reports of a major gun ball near falcon lake. the reports are that 11 members of the zeda cartel were shot and killed. there is political fighting going on in mexico now. felipe calderon wants to cleanup the corrupt police departments and get them better equipped and crackdown more on money laundering that fills the pockets of the cartels. he is now getting major push back, shannon from the new congress in mexico. there are now political battles on both sides of the border on how to deal with the ongoing violence down there. shannon: very dangerous, trace. thank you very much. new claims arizona's

controversial immigration law has taken an economic toll on the state. the crackdown on illegal immigrants has cost the state more than $141 million in lost spending, that's according to a report by the progressive think thank center for american progress. there are still plenty of people flocking to the grand canyon state. more than 35 million visitors spent more than $16 billion there last year. we are learning about new developments in the terror trial of accused fort hood shooter sheik hassan nasrallah, he'nida. he is accused of shooting people at fort hood last year. national correspondent catherine herridge is live in washington with the latest. this is about an intelligence report being withheld? >> reporter: that's correct, shannon. according to this letter obtained by fox' specials unit as part of its on going investigation of the american

cleric anwar al-awlaki the fort hood report is being withheld from the defense because of the intelligence it contains the letter from the office of the dni reads in part, it contains highly classified compartmented and sensitive information, accordingly we cannot produce the document if ever until after a detailed and time consuming interagency review. the letter is being blocked because officials argue the release may compromise sources and methods that were used to gather the classified information. shannon: are we getting any kind of response from john galligan one of the lawyers representing the alleged shooter, nidal malik hasan. >> reporter: he tells fox he has been asking for this report for nearly a year and only now has he been informed it will not be provided. he says the notice came on the last day of the article 32 hearing, ten minutes before it started. he argues the report could be helpful to the defense and should be provided in some form, includes he anticipates the military will seek the death penalty in nidal malik hasan's

anticipated court-martial. shannon: any explanation or response from the government? >> reporter: well a spokesman for the office of the director of national intelligence says they are not going to comment on ongoing criminal matters. the key here is anwar al-awlaki. what our investigative team has found is that documents linked to anwar al-awlaki are almost always blocked siting national security concerns. the cleric seen here in a booking feet tow for prostitution in 19 # 7 is the first american on the cia's kill or capture list. there was even effort to track him for intelligence purposes one year after 9/11 and our reporting has not been disputed by the bureau, shannon. shannon: very interesting. we know you are on it in washington thank you. unattended suitcases at berlin's main train station sparked a full-blown bomb scare. they quickly called it off after

finding the owner of the bag. germans remain on high alert. they raised -d terror alert wednesday. yesterday they seized a bag on a flight bound for munich. they found a fake bomb-like device and suspect it was to test their security. michael mukasey slamming eric holder for his handling of the terror trial of ahmed khalfan ghailani. they tried him in in his role for bombings in africa tph-p 1998 attacks that killed 224 people including 12 americans. the jury acquitted him on all but one account on wednesday. coming up former attorney general moo casey is here. we will ask him what the verdict means for all of the future terror trials. house democrats aggressively moving forward with their wish list agenda right before the next congress moves in six weeks from now.

controversial bills are on the table from the d.r.e.a.m. act to the bush tax cut extensions. james rosen is following it all. how successful has the democratic agenda been so far in the beginnings of this lame-duck session. >> reporter: this lame-duck only has extended the torment of congressional democrats and it's only halfway over with only one final week of lame-duck session left to go and slated to begin the week of november 29. house democrats failed to push through a three-month renewal of jobless benefits for 2 million americans. these are people who have been receiving unemployment assistance for up to 99 weeks and for whom the aid was set to expire on november 30th. they fell 20 votes shy. senate democratic leader harry reid is aiming at holding two votes on those bush-era tax cuts set to expire at year's end. one vote would be onyx tending the tax cuts just for the middle class to see how the republicans

would vote on that, the second would be to extend the tax cuts or all income brackets. >> we have to do it more than once, twice, whatever it takes to show the american people that we support the middle class and that we do not believe that if we're going to continue to talk about debt and deficit we can walk away from how much these tax cuts cost. >> reporter: but if the idea is with those multiple votes to embarrass the republican party, to damage their political fortunes by showing them voting against the middle class, most analysts agree it would have been a better thing for the democrats to hold the vote before the election. shannon: any chance there is a deal done before the bush tax cuts expire? >> reporter: the compressed timetable of one final week of legislative activity taking place right after the thanksgiving holiday both heightens the incentive but also makes the logistics harder. an even more pressing matter than the tax cuts is the fact that on december 4th of this

year the revenue stream, the funding stream i should say for uncle sam will run out. the federal government will not be able legally to continue operations after december 4 unless lawmakers in that final lame-duck session pass a stop gap funding measure. john boehner seemed pretty much content when he was questioned by reporters last night to wait until he commands a majority in the house early next year to deal properly with the expiring bush-era tax cuts. >> i believe we ought to extend all of the current tax rates for all americans. >> do you think this congress will do it at lame-duck or next year. >> you better talk to those in charge. >> reporter: to those in charge. as i say for about another ten days or so. shannon: we like to think of you being in charge there on capitol hill, james. >> reporter: i like you to think of me that way. shannon: thank you very much for the update. >> reporter: you got it. shannon: you heard james talking about this ringing in the new year. you could be paying a whole lot

more taxes and it could happen if lawmakers don't get it together and act fast. is it time now for president obama to step in and help congress reach a compromise? we debate it fair & balanced debate. a breaking report on the fate of american hikers held in iran for more than a year. plus pat-down controversy, new calls to kick the tsa to the curb and new reaction from them ahead. >> i think it's not right. i think it's personally it sucks. >> i'd rather go through been be invaded a little bit than have some guy come through with chemicals and a bomb in his underwear. that's the price we pay, we have nuts out there. >> at my age i really don't care. whoa! that achy cold needs alka-seltzer plus! it rushes multiple cold fighters, plus a powerful pain reliever, wherever you need it! [ both ] ♪ oh what a relief it is! wherever you need it! funny thing about vegetables... they fill you up without filling you out.

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>> reporter: well, a lawyer for the hikers, for shane baur and josh fattal, he went to the courthouse in iran the first saturday in november, two weeks ago, that was when the trial was set for. he said he got turned away with no information as to why the case had been postponed. he said, you know, amy i don't think that it was a technical reason, he thinks it was a

political reason for putting the trial off. we spoke with him again after we heard about this tweet, and this news from the official that the release was imminent and he said, boy that would be great news, i haven't heard it but it does make me very pleased to know that that is a possibility of course we'll keeping making the phone calls, shannon. these guys have been in jail since summer 2009, and the united states government and all branches has called for their release and attested to their innocence. there are a lot of people back in the states hoping that this news that we're hearing today is in fact true. shannon: it would be such welcome news for their loved ones. big names in the democratic party upset over losses in the midterm are calling on president obama to admit his mistakes and start all over again. alan colmes joins us next on the reset button for the president, plus a heartbreaking story out of ohio, a family torn apart and now a community trying to heal. next how a tiny town is coming

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shannon: this is fox news alert, there is a brand-new call coming now for a review of those tsa procedures as backlash over the new enhanced pat-downs grows. republican leaders on the house transportation and infrastructure committee have sent a letter to the head of the tsa, john pistole asking for a review of the pores. tsa they say has again missed the mark. one of the folks signing on there, the republican john mica the congressman he is one who sent out a letter to a hundred of the biggest airports in the u.s. asking them to consider

privatizing these functions instead of having the tsa do it, now he's calling on the tsa to look into the measures. we'll see what response he gets. and this just developing a federal judge has ordered actor wesley snipes to go to prison on tax evasion charges. snipes was convicted in 2008 of three misdemeanor counts of willfully failing to file federal tax returns. attorneys for snipes were hoping to get a whole new trial but the judge instead rejected that, rejoked snipes bond and ordered him to get to jail and start serving his three-year prison sentence. two top democratic strategists have a message for the white house it's time to hit the reset button. james carval and stanley greenberg says the president should admit to his mistakes and layout a fan for going forward. what does this say about the democratic party and the 2012

elections. let's talk about it with alan colmes. how are you. >> james carval, what did he say about obama versus hilly clinton. body parts that obama had that hilly had. i don't think he's a big obama fan based on that comment. the president has a lot of things at his disposal. eugene robinson did a great piece, he said he could do executive orders, work with agencies, the president can order him to do certain things. george w. bush didn't care if he had a divided congress. he ordered war, started torture, he sailed the devil made me do it. when you have people like mitch mcconnell saying that his sole goal is to make sure he's a one-term president. i've got news for the president, they are just not into you. how about we'd like to work together and do the best for the american people. more than anything else i want

to see the guy loses his job. i think they want him to fail. i don't think they care about the well-being of the country as much as they care about gaining power. they canceled the meeting they were supposed to have yesterday. shannon: scheduling conflict. >> when i put somebody on my radio show and they say scheduling conflicts they don't want to do it. shannon: they are saying the president made mistakes, the white house was tone deaf about the 2010 elections. >> he said that he gave a mea culpa speech the day after election day. he said numerous times that we could have done things differently and he took personal responsibility. joe biden in an interview yesterday said we could have had our priorities better. how much more do they want the administration to do to say okay we get it, we hear the message. they've done olive branches, they've done mea culpas, nothing is going to be enough for these people. shannon: one of the thins they found in their polling and their idea of what happened with the 2010 election is people got tired of the white house and top democrats talking about their

successes and stalking about all this good stuff happened and we just didn't do a good job communicating. it's stop using that line. >> the next message is look, we're going to do what we think is best. we have a vision of what is best for america. if republicans don't want to meet us at least halfway we're going to do what is best any way. he has the tools to use that are at the command of the commander-in-chief. george w. bush used them, some would argue illegally. that's the message the americans should hear, we are going to continue with our vision of what we think is best for the united states. shannon: even if the voters say we didn't like it and that's why we didn't reatlantic you in 2010. >> i think jeb bush had it right, this was not a mandate for republicans. shannon: they admit that.

they say this is with caution that we have taken over. >> those that go along on that premise are the ones that are going to find things flip flopping. americans have a short attention span and a short window of wanting to get things accomplished. they can flip back by the next election. shannon: we know that is an eternity in politics. does the president need to look stronger and in control of the situation more than he has in 2012. >> by doing the things i just mentioned and "the washington post" mentioned he will 0 look stronger and say look, here is our agenda, our vision, republicans we'd love to work with you. so far you haven't shown you want to do that. we are here for you if you want to extend the olive branch. shannon: they said for two years nobody really cared what they had to say. they couldn't get a seat at the table talking about healthcare. >> they had numerous amendments in the healthcare bill. shannon: they continue get it to a vote. >> the president went off the public option he wanted single pair years ago. then he offered a public option.

he compromised on that. this president has compromised tremendously on things. he's had the blue dog democrats to deal with that might as well become republicans. i think he's done a great deal of compromise. shannon: olive branches flying everywhere. >> yes. shannon: have a great friday. >> you too. shannon: the lame-duck congress with a big issue on the table, extending the bush cuts, how many. can lawmakers strike a deal in time. the pat-down controversy getting more personal. wait until you see who is trying to knock down the touchy security measure. a new fallout in the trial of the man convicted of conspiring in the bombings in two american embassies in africa. what does this mean for all the future trials in the u.s. former attorney general michael mukasey

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again we are getting word according to the associated press that 10,000 workers that settled their lawsuit again the city related to -d dust at ground zero. the official republican candidate in alaska's race is trying to prevent them from ratifying the race. lisa murkowski declared winning the race on wednesday. president obama is facing growing skepticism over his strategy, meeting with nato and european leaders in portugal the president is shouldering tough questions from critics over the exit strategy in afghanistan and also stimulus spending. afghanistan is expected to be a big issue on the agenda as those nato leaders meet in portugal, particularly nato's relationship with afghan president hamid karzai. the pentagon is saying that the administration hopes afghans can

take control of their security by 2015. conor powell is streaming live from kabul afghanistan, hello, connor. >> reporter: hello, shannon. well nato hopes to hand over security responsibility to afghans by the end of 2014. over the weekend general petraeus will meet with other nato leaders including president obama to layout a transition plan. talking to u.s. and nato officials the plan is more a rough plan, it's more guidance, not something that is concrete. the hope is to transition over time security responsibilities from u.s. and nato forces to afghan forces. they are really saying this is more of a guidance rather than -- and a goal rather than a set in concrete plan, it's something that is going to be determined over the course of the next few years. now many people have been talking about this july 2011 drawdown date but in reality the pentagon and u.s. and afghan officials are all caulking about

the entalking aboutthe end of 2t operations for nato and coalition troops. as they have said time and time again this is really a rough plan, there is no exact concrete science to this. this is something they hope to see over the course of time that security will improve and they can hand it over to afghans. now president karzai the afghan president here has disagreed in recent days about the overall strategy here. one of the other big topics they'll be talking about in terms of transition is trying to get some type of unified voice on the strategy going forward. president karzai criticized the plan saying he wanted to see a smaller u.s. presence and wanted to see the u.s. wind down military operations here in afghanistan. general petraeus is very unhappy with afghan president karzai's comments. there is a great deal of disagreement. i was told by u.s. and nato officials that there will be a lot of behind the scenes conversations with afghan

president karzai this weekend in lisbon to try to find a unified strategy and unified voice on this strategy. shannon: conor powell live in afghanistan, thank you. a stalemate in the debate over the extension of the bush tax cuts. congressional leaders failing to come to an agreement after hoping to hammer out a deal. now the lame-duck congress is hoping to vote on it any way. are they going to strike a deal? joining us jason lewis and simon rozenburg, president of ndn, a former clinton campaign adviser. welcome, gentlemen. >> good to see you. shannon: the democrats don't seem to have a strategy yet. have they settled this internally before they move forward, should they? >> i think what the democrats will do is buy a vote during the

lame-duck, everybody in america getting a tax cut up to $250,000 of their income. it looks like they are not going to bring up the vote for the tax cuts at the higher levels of income, the democrats don't believe we can afford it in this time of economic trouble and hi-def sits. this is responsible fiscal policy i think it's the right thing to do. shannon: do they go ahead and push for it, let and fail and have everyone have a tax increase january 1st simon if they don't get the votes. >> i think they will get the tax cuts up to $250,000. i can't imagine the republicans will be against giving tax cuts to all americans. it's outside of their stated goal. i don't think where we'll find agreement is on above $250,000. if the republicans want to do that when they come into office in january they are welcome to go ahead. shannon: jason is this a game of senate chicken? >> i suppose. you know we had an election a

couple of weeks ago. it seems to me that our friends on the left did not hear the voters. they are thwarting the will of the people. the tax cuts were in the debates. you talk about middle class tax cuts for everyone. that's a bit of an oxymoron. we are talking about t-bgs cuts for everyone. if you take a look at the tax cuts above 200,000 or 250,000, 48% of the income that would be taxed in the democrat's plan would go to small business. subchapter s, l. l. c. if the americans are worried about fiscal problems why not go back to the 2007 baseline for the next four years. that would save 4.4 trillion. they have added 4.4 billion for the next ten years. they can rescind that sphepbding, then you could have tax cuts for everybody. shannon: simon let me ask you. democrats met with the democrats at the white house. the gop was going to be involved

but had scheduling problems and continue make it. they hadn't reached a consensus of one hundred percent policy of what was going to be do. senator durbin said the president is going to let congress lead on that. a lot of people think he's done that on healthcare and other things. do you think the white house should be more actively involved in crafting the solution or leave it to congress. >> i think the white house is very involved in this. this is incredibly important. this speaks directly to where the president -- how the president believes the economy is going to proceed. i think he also recognizes he has to work with congress. this is a cooperative thing. he's going to work with john boehner and the republicans when they are in power starting in january. i think the president is deeply involved and i think the democrats are making the right decision for economy. i am anxious to have the republicans make the case that it's critical that people making over $250,000 a year get a massive tax cut at the time when the republican party campaigned on fiscal responsibility and closing the deficit. shannon:

>> simon. >> i'm going to finish this is a smart step forward to close the deficit hole like the republicans promised. i think they'll come on board with this strategy. >> what would cost the treasury more would be to extend the middle class tax cuts then the upper middle tax cuts. if you were concerned about balancing the deficit -- let me finish. bill clinton cut capital gains cuts for the wealthy because he understood what it took to grow the economy. nobody advocates raising taxes in the middle of a recession or anee tphaoepl i can recovery on the big producers of this economy, not even bill clinton. >> can i just finish. in the 1990s we raised taxes on wealthy people and had the biggest boom in the economy. in the bush-era we cut taxes and

wealthy people. income taxes went down for wealthy people. the idea of raising taxes on wealthy people doesn't result in grow *t growth is not born out by the actual experience of the american economy in last years. >> when bill clinton raised taxes wanted a stimulus plan guess what the economy was doing in 93 and 94, the long bond was 8%, the economy was going nowhere. it wasn't until 1994 when we had an inflationary tax cut because of the fed and khreupb con cut capital gains later on that the economy took off in the special term especially. shannon: we have to leave it there. jason, simon thank you for a fair & balanced and feisty debate. the bombings of two u.s. embassies in africa left a terrible legacy. next up former u.s. attorney general michael mukasey on what may have botched the trial of ahmed khalfan ghailani.

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shannon: a tiny community in central ohio just now starting to grieve. after more than a week of searching for three missing people their worst fears were realized. searchers finding the remains of tina hermann, her son and her friend lisa spank. friends say they are finding peace in each other's support. >> i love them very much and i'll miss them so much. >> it means the world that the community came together like this. >> just look around. we are not alone. we've all been praying for a week. we are not alone. shannon: many of the hundreds that attended the vigil said

they were thankful for the out pouring of support from the community. new reaction today to the ahmed khalfan ghailani verdict. remember he is the first gitmo detainee tried in civilian court. he was just acquitted on all but one of the 285 counts connected to the 1998 bombings of two u.s. bombings in africa. 224 people died in those attacks, 12 of them americans. ahmed khalfan ghailani was always seen as one of the easiest of the gitmo detainees to prosecute but the outcome of the case has some questioning the decision to try him in civilian court. it is putting new pressure on attorney general eric holder. here now former attorney general michael mukasey who held this job right before eric holder. good to see you today sir. >> good to be here. shannon: i would like to get your reaction to the verdict. >> well, i think it was an unfortunate, certainly less than optimal results. shannon: what do you make of how

the attorney general, current, eric holder handled this and said all along that civilian court was the right place for this and many other trials involving terror suspects. >> without getting into particular personalities i think the decision to try ahmed khalfan ghailani in a civilian court was the wrong decision made for the wrong reasons and it has unfortunate and dangerous implications. the idea i think was to bring him here and to illustrate that we could try what are referred to as gitmo detainees in the united states, yet the embassy bombing indictment was filed years ago, the case in fact was tried before two other defendants. ahmed khalfan ghailani was not similar at all to khalid sheikh mohammed and the people involved in 9/11. even if he was con vehicled on all counts it wouldn't prove anything on how easy it would be to try him. he was facing charges not only surrounding the embassy bombings, of also being a documented forger for al-qaida,

of facilitating the travel of other terrorists, of being a bomb maker. he had a whole array of military charges pending against him when they took him from guantanamo and brought him here. that was unnecessary. a different outcome could have been expected at guantanamo because of the different rules that pertain there. shannon: one of the questions that has come up is about the issue of evidence, how it was obtained. a key witness was blocked because there were arguments that ahmed khalfan ghailani had been tortured and released that information that got them to that key witness. his testimony wasn't able to be offered in in this case because of that. i thought it was interesting that some within the department of justice say they blame the previous administration because the mistreatment of ahmed khalfan ghailani and the handling of his case handled on your watch. how do you respond? >> ahmed khalfan ghailani was not treated in any way that was unlawful. he was treated in a way that might have made statements made by pheupl inadmissible in a federal court. on the other hand, there is no question that valuable information was got even from

him that led to evidence that could have been used against him in a military commission. shannon: what do you think this does for the department of justice and the attorney general moving forward? they are celebrating and saying that this is a conviction. i mean that is a positive thing, this man was convicted in civilian court, painting it as a positive. do you think the rest of the world views it that way? >> i think if you're going to have a legal system one of the things it has to do is to achieve morally justifiable results, and it has to call things in order to do that it has to call things as they really are. to take somebody who helped to kill 285 people and to convict him of conspiring to destroy government property is a cruel travesty. i think it tells the rest of the world that -- i mean what are we to say to the families of those who were killed? it tells them that our system is incapable of achieving what i think everybody would regard as a just result. it also tells terrorists that

they don't have to look forward to anything too terribly dangerous if they come here. they have an opportunity to get a lawyer and a trial, which under normal rules they would not get at all. shannon: i mean it's become over the last couple of years sort of the norm that that's how this is going to be handled. but just going back a few years did you ever expect that terror suspects would be afforded these kinds of rights? >> no. we have two systems here. people who follow the laws of war, who wear uniforms who follow a recognized chain of command, who carry their arms openly and most importantly who don't target civilians are treated in one way. people who violate all of those rules do not have the kinds of rights that are guaranteed to people who are behaving within the law and they can be brought before military commissions. we've done this many times in our history. shannon: are you worried at all about the intelligence that may be revealed when these people are tried in federal civilian courts. >> if we're talking about the 9/11 suspects absolutely.

past terror trials, i'm excluding the ahmed khalfan ghailani one for the moment. past terror trials have been an opportunity for terrorists to find out what we know about them, and to share that information. to bring people here for trial would expose that kind of information in a situation where we don't have to. guantanamo is well equipped to hold secure, safe and just trials under the military commissions act which congress passed, which the president signed. that law is being disregarded. shannon: all right. former u.s. attorney general michael mukasey sir we thank you for your time and your service to this country. >> thank you. shannon: shocking testimony in the trial of the man prosecutors say kidnapped and sexually assaulted elizabeth smart. his wife now taking the stand telling everything that happened. just wait until you hear what she said. that is minutes away. plus a hollywood publicist shot dead multiple times, shot in her car. we're going to tell you the brand-new clues that have some

folks thinking this was not a random act. >> going to bed at 12:30, that's when we heard like an impact. it's tragic, it's really tragic. i'm hugh jidette. i'm running for president. if elected promise our 13 trillion dollar debt will double, maybe even triple. i'll continue to ignore our spiraling i'm hugh jidette and i say borrow like there's no tomorrow.

shannon: it is nice to know that honesty is still the best policy. dave, a homeless man in tempe, arizona found a backpack. inside $3,300 in cash and a laptop. dave made the the decision to do the right thing and find the backpack's owner. brian, the student who had lost the backpack he had given up hope he'd ever see that money again until his luck changed. >> this is the greatest thing i've ever experienced, i think, and it really is a lesson to keep your faith in people, and character exists no matter what your circumstances are.

>> not everybody on the streets is a criminal. most of us have honor and integrity. shannon: brian gave dave a cash reward and offered to volunteer at the homeless shelter that dave uses. investigators are pouring over new clues in the brutal murder of a hollywood publicist. they found the god of ronni chasen shot five times in the chest in the driver's seat of her mercedes pwepbs. the mayor of beverly hills says they traced out a theory of what may have happen. >> reporter: the theory is that ronni chasen as she was driving down sunset boulevard that another car pulled up next to her as she was about to make a left onto whittier drive. that the car pulled up next to her on the passenger side and opened fire, firing five shots into her passenger window. the theory is also that it might have been an suv, because apparently the shots came from a higher elevation. now that is what they are working with right now.

what they do not know yet is if this was a targeted killing, a hit, if you will. but they do not believe this was random. now police do have some surveillance video that was taken from one of the homes that's nearby there, in fact this home had a number of surveillance cameras. the hollywood reporter says the home belongs to sheri hackett who is the widow of buddy hackett. this is an area of rich and famous. there are homes in that area with a lot of surveillance cameras. police may have more video to work with to try and figure out what happened in this case. we should note here that the 64-year-old was driving down sunset boulevard after the premiere party of that movie burlesque starring christina ago aguilera and cher. if we get the 911 calls that

were reported that night and the surveillance video we'll break in and give them to you. it could be big keys and clues in in case. shannon: you described the neighborhood the mansions that are there the security, the cameras. it sounds this is not the kind of street where this thing normally happens. >> reporter: never happens. the beverly hills police chief says it never happens here and it doesn't. you're talking about an area between sunset boulevard and wilshire boulevard in beverly hills. rodeo drive is very near there. very glitzy, a high-end neighborhood. a lot of celebrities and media moguls, and lots of mansions. there may be a lot of surveillance cameras in that area that may give them clues. shannon: hope that pays off. a massive search underway right now for a missing air force pilot. his plane went down days ago in alaska. he is trained to survive in

terrible conditions. a live update away. americans revolt against a new pat-down procedure. they want to particular the transportation safety administration to the curb. that's up next. >> if you touch my junk i'm going to have you arrested. don'h a lot of flibbity-flab or mumbo-jumbo. sounds like you need to name your price. no gobbledy-gook? never. do i still get all the dagnabbit coverage i need? sure. we give you a quote and you can adjust your price up and down to find something that works for you. ♪ this things okey-mcsmokey skiddly-doo. great! i think. diggity. oh! still not sure. the "name your price" tool. only from progressive. call or click today.

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calling it a bloated bureaucracy reminding airports they can opt out of tsa coverage and use private contractors. some members of congress questioning these pat-downs? >> reporter: they are call for a review of tsa procedures. they question whether they should be used in primary screening or just in response to setting off an alarm or some other suspicion that would justify secondary screening. >> i believe the pat-down and the imaging is necessary. the question is how it's applied. it should not be done on a random basis. a targeted basis to those who pose threat. they haven't done that.

>> reporter: he says treating every passenger as a criminal is a misuse of tsa resources. shannon: what do we know about mica's plan to privatize airport security all together. >> reporter: he was the author of an opt out provision in the legislation that allows an airport to use private security instead of the tsa if they wish. here is what mica said. >> any time government gets ahold of something it usually does it in an expensive and inefficient fashion. >> reporter: don't think that will eliminate the pat-down issue. they are governed by tsa rules and the rule is if you don't want to go through the body scanners you are subject to a

pat-down. that is not going to change. shannon: thank you, jim. the tsa is facing lawsuits over these pat-downs. just ahead of. we want to hear from you. which airport screening measure are you most opposed to? foxnews.com, you take our you decide poll and you can see how everyone else is voting as well. new heavy duty fire power for our troops in afghanistan. today for the first time in the war. abrams tanks will bring their heavy fire power onto the battlefield next month. u.s. marines will be using the tanks that can hit a target a mile away. tanks will be used against the taliban fighters in the province of helof helmand.

i have questions about why now? nine years into the conflict over there what is behind the decision to bring them in now? >> it makes a lot of sense. the progress that's been made in specific areas needs to be solidified. you bring in tanks and you bring them in for specific purposes. these tanks are not going to be used to patrol and gain intelligence broadly. they will be used so that at a tactical level those commanders on the ground have immediate response and incredible fire power. so it's a great decision to use those things. when you have that type of tactical ability to apply kinetic force against known targets, these are used the precisely against known bad guy location, it speaks volumes of the ability to control terrain. shannon: my colleague jennifer

griffin points out the fact that general mcchrystal didn't think these tanks were the best idea. just the physical size of them, how they would appear to locals on the ground. but i guess at this point the decision has been made that their need is greater than the impression they would give to locals. >> this is a company. this is only 16 tanks with incredible fire power used specifically against a known target. when you apply that force in a very, very small area, you have incredible capabilities. and this is not the time to make the comparison between form commanders on the ground. circumstances were different. political pressures were different. the time was different. you could trace this back to everyone who has been in afghanistan for many years. what general petraeus is trying to achieve is give these

commanders on the ground some specific fire power to go after known targets. shannon: how tough is the battle against the taliban? are we making progress? >> the tall bans desire to come foornd try to negotiate and open the communications line is have much an indication of how much pressure the coalition forces are applying to them right now. you only negotiate from a position of strength. that's what the coalition forces are achieving. the taliban is coming forward because they need to. shannon: general mark, thanks so much for your insights today. snow and frigid temperatures are lowing the search for the pilot missing in alaska. they spotted the wreckage of his

fighter jet. he may have ejected before the crash. a. >> reporter: we just learned the identity much captain jeffrey laney. he disappeared about an hour 20 minutes into a training flight. they found crash site. they found plane. what they have not determined is if the ejector seat is inside that f-22. what they have not found is any sign of captain haney, and in this case that's better news than if they found him. because there is a chances did eject thought it's rough wilderness. we are talking about the size of vermont. that's the size of the training area. the problem is not on is this rugged and remote and almost

inaccessible. the problem is as you mentioned at top of the intro was the weather. it's a major problem. they have army and air force, hundreds of people. they set up a base cam at an old lodge out in the wilderness. they are handcuffs because the snowstorm is bad. they can't get these helicopters up in the air and they are trying to gets these all-terrain vehicles out looking for any sign much captain haney, any parachute. even with the frozen temperatures he has a suit that would allow him to survive those temperatures with inflatable mitt tns and a hood. he has undergone arctic training. they are not as much concerned with him surviving in the cold, but cold and weather hindering the search for him. missing now for almost three days in the alaskan wilderness.

shannon: developing news now, lisbon, portugal. president obama is there meeting with allies right now. portugal is playing host to a two-day meeting in the world's biggest gathering of political allies. >> reporter: transition is the key word here. we heard president obama say several times off the bat. referring to the war in afghanistan. nato allies have been committed to the war now in its tenth year. when the president talks about transition, he refers to 2014, a key aspect of being able to transition out of afghanistan is training afghan police, afghan soldiers to be able to protect their own country. the president got a key commitment from the prime minister of portugal saying

portugal would send more trainers to afghanistan. that's something the united states has been pushing for for a long time now. there will be a lot more discussions about afghanistan. we expect there will be discussion as well about the president's discussion of the stark treaty so we can monitor each other's nuclear weapons. shannon: safe travels to you, thank you. it's shaping up to be a land mark moment for president obama. negotiating an arms treaty with russia. the term cartel becoming a generic word for anyone on the border were a gun. but there are differentials between mexico's deadly drug lords. you get a pat-down at the airport that makes you feel like you just got back from the

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shannon: vice president joe biden is responding to sarah palin's remarks that she could beat president obama in 2012. he says president obama would be in very good shape if sarah palin ran for the white house in 2012. >> i don't think she could beat president obama. but she is always underestimate. i think i shouldn't say any

more. shannon: he says she has a good chance of winning the republican nomination. this could be a make or break moment for president obama. the commander-in-chief work on an arms treaty with russia. he is daring republicans to block it at the risk much alienating -- the risk of alienating moscow. the critics who say -- critics of the republicans say they are block something that's so important to our relationship with russia, are they overblowing the significance of a delay here. >> wrush is not impacted under this agreement. it's the united states that has to reduce their warheads by a third, those numbers doantss impact the russians at all.

every american knows when someone runs in the room and says you don't have time to read this contract, you have to sign it immediately as this group has done with healthcare, the bailout, financial reform and sometime his. we learn.as pelosi said, we need to pass it to find out what's tonight. when it comes to national defense we don't have that option. shannon: senator jon kyl out of arizona, he is not a flame lower, somebody who gumed up the works for the sake of gumg up the w. he says we can't get this done propery about it end of the year. >> here is the last week of the session, they come running into the senate saying you have to pass this immediately. there are parts of this treaty

we don't know anything about. america is different from other countries. we cannot defend ourselves just with antimissile systems. we need a strategic defense initiative that goes out into the atmosphere. we were close to completing that when president obama came into office and cancelled that agreement with czechoslovakia and poland. we don't know what commitments were made in the side agreements and about obama refuses to release the negotiating record. mr. kyl is saying before we vote on this, let's see what's in it shark * supporters are saying we have a lit the bit of a hiccup

in our relationship with russia and we need them to help us with the nuclear situation in iran, with cracking dune on the narco trade in afghanistan. if we delay this treating it will create bad will between the two countries. that is exactly the statement that was made two years ago as for the reason we had to expose ourselves to the world. so if a rogue missile from china or iran would hit us and we would not have a defense initiative to protect us, the reason we were opening our sisms to attacsisms -- opening ourselo attack was because we needed the russians. what did we get from the russians? absolutely nothing. they continue to sell supplies to the schie chinese. they refuse to cooperate in any

area. shannon: we'll see how this among many other showdowns turn out. thank you, sir. new testimony from the wife of elizabeth smart's accused kidnapper. she was part of the plot to snatch elizabeth from her home. the shock details next. divorce can rip a family apart. it couldn't be good for the kids, or could it? our power panel examines that issue after the break. [ male announcer ] at&t introduces a new windows phone.

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shannon: this is a fox news alert. new developments with congresswoman maxine waters. she was suppose to be the subject of an ethics trial the monday after thanksgiving. we are just getting word from the committee that that has been cancelled. that trial of maxine waters not going to happen on november 29. the statement from the committee says this. they voted to recommit the matter regarding representative waters to the investigative stubb committee because of materials that have been discovered. basically it sounds like we know the trial is cancelled for november 29, but this is being sent back for further investigation because of materials that have come to light. representative maxine waters will not be facing that ethics

trial november 29. an important day in the trial of the man prosecutors say kidnapped and raped elizabeth smart. we hearing from his wife who was part of the plot. she agreed to testify against her husband as bart of a plea deal. alicia acuna is live with the developments. >> she sold jurors brian david mitchell started looking for a victim one year before elizabeth smart's kidnapping. she says her estranged husband is mentally ill and he was very controlling. mitchell told her he had multiple revelations almost on a daily basis. at one point she said mitchell says if no one would join them their religious work, we need to

find a young girl. we were given the commandment to take young girls between 10-14 years old. he would go downtown and talk to young girls to find out where they lived. eventually she says mitchell produced a deadline for fact inquiring a young girl, june 4, 2002. it was june 5 elizabeth smart was taken from her home, held captive and raped almost every day for 9 months until she was found. elizabeth smart is in court today and wanda barzee, this is the first time she has seen elizabeth smart since she was arrested in 2003. on the stand today multiple people inside the courtroom says she has had quite a few breakdowns. she is nervous and she has been somebody go through part of her testimony. mitchell is not inside the

courtroom because on a daily basis he starts singing and the judge kicks him to an observation room. shannon: a fierce gun battle south of the border prompting a response from the u.s. one drug cartel may have its own what tall yofn american-trained foot soldiers. 50% of marriages end in dwroars. your kids -- ends in divorce. your kids may be better off if you split from your spouse? back in the 80's, it was really tough for me and my family.

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>> deadly gun battles erupting near the fox border. forcing the u.s. customs and border section to beef up security. the falcon dam and roma international bridge.

both remain open at this time. mexicos fight against drug cartels turning parts of the u.s. bored into a war zone. one cartel is so powerful it had its american special forces units. jennifer griffin is live in mission, fox to tell us more. >> to understand the nature of the threat just over the border, we decided to map out a who's who of the cartels. take a look. view require's a $40 billion business divide among 7 cartels. the tijuana cartel based south of san diego. the juryethe juarez cartel and . they broke away creating their

own cartel earlier this year. an eclectic bunch. they use tigers to scare victi victims. a beginning pin's lifespan can be sport. captured last year, barbie faces a mexican lockup. on the rise, the zetas, former mexican special forces gone rogue. 200 of them were trained by special forces at fort bening, georgia. >> they went back to mexico, left the mexican military, payment enforcers for the gulf cartel and in february of this year they started their own cartel. >> reporter: if you think this threat is not real. look at security we brought with

us. we have state troopers. just across the border we see four men hiding in the bushes. they are members of the drug cartels. we don't like that they are here. this is one of their main crossing points. shannon: they have been on your facebook page. so please be careful. for more on our continuing coverage, go to foxnews.com. at top of our home page and click on the link. america's third war. more than 9 years after the september 11 attacks, a settlement with ground zero workers. rick leventhal is here with more. >> reporter: the judge

extended the dead fine the settlement to reach that 95% goal, and they did barely with 95.1%. 10,00,000 eligible workers optig in. it's based on the severity of their illness. a non-smoker could receive $800,000 to more than a million dollars. but someone with no symptoms would get just over over 3,000. the dust contained 2,500 con tap nants, including glass, asbestos, mercury, and don't forget fires that burned for three months. dozens of workers have defended cancer and doctors say it's a

direct exposure to the dust. shannon: rick, thank you for all the information. the house ethic committee investigation of charlie rangel is bringing to light what critics consider flaws in the process it's designed to discipline or is it about protecting its members? our power panel will talk about it. the former president of the women's media center, welcome to you all. andrea, what do you make of this. there are still to steps in the process. but if he's punished it will be censure. what is that? is this sort of like a public tongue lashing.

>> it's a slap on the wrist. it doesn't require him to step down. you said flaws in the ethics process? no, are there flaws in the way the government does things? the prosecutor that represented charlie rangel used -- the attorney used to work for the chairman of the ethics committee. i'm surprised republicans didn't call notice to that. also she is the same woman who invited steven colbert to come to the hill to testify but did not have time for rankle to come to the hill before the election. a lot of problems democrats and republicans are guilty in this situation. >> is this designed to protect them or be in the best interest of the public? this is something that we need a lot more transparent i on. rankle has his issues. the same issues exist on the republican side. it's time we student and said

open up this process. let us see more of the details that go continue these ethics trials. even though rage has done so much. more so than many other members. i think it's time for him to retire. i wish it was retiring gracefully. but let the next generation come up, rise up. but republican or democrat let's open up this process. shannon: a lot of people think there aren't teeth in this ethics process. >> exactly. americans want a government they can trust. we have heard this before both republicans and democrats always talk about cleaning things up. it would be nice if politicians stopped talking and started doing more. shannon: do you think they will in the republicans say they have a mandate on the house side. >> i think it's different now. i think the electorate is awake. they are acutely focused on what

congress is dog doing anwhat --. i think they know that or they will be thrown out. >> we have heard the song and dance before. i think regardless of republican or democrat, time for a new tune. shannon: an issue of divorce. i read divorce is good for the children. this author goes through a series of things why it's good for your kids. when you come from a divorced family, what's your take? >> my parents got divorced very late in my life. i disagree. families are changing in america. the definition of family is changing. probably this poll represents some feelings that are ahead of politics and so whether it's divorce or same-sex marriages, that the definition of family,

the definition of marriage is change and hopefully the politics will catch up to that. shannon: you are referring to the pew poll that said 4 out of 10 people think marriage is irrelevant. >> i think there are two different issues here. the issue of marriage which is a religious one, and family. i also come from a divorced family. i think it's great there is a recognition of different shapes and sizes. there are gay couples that have children. single mothers that have children. and we need to respect that and recognize that. i think that's important. ariel sharon * can we go the next step saying divorce is good for kids? you learn conflict resolution and you may have more siblings. >> this you a thundershowers on another planet, really. my parents did not get divorced and i came from a close knit ethnic greek family.

there is a real benefit to that. i'm not sure you can say we're involving and the family is evolving. just because you are evolving it doesn't might's a good thing particularly for the children. unfortunate lit's reality. it's happening more and more. that's a whole other show. the cultural breakdown of american values. shannon: eva longoria. tony parker. >> whenever i hear about celebrities break up i roll my eyes. the thing is the i shallize of infidelity are things we have all dealt with or friend have dealt with. sometimes women choose to go to counseling and stand by their man and sometimes they get fed up and they move on. shannon: is it a good idea to marry a much younger professional athlete? >> i feel for the basketball and

football wives. it's sad. having words with eva longoria on the hillary clinton campaign. to see how much of an activist of her communities to see her going through this is sad. but i would suggest stay away from those basketballers. shannon: you see these men who get relationships with beautiful celebrity wives. they can't appreciate the one they have. it's tiger woods. wake up tony parker. you just lost the best thing that ever happened to you. shannon: we'll end on that note. coming up as the top of the hour be "studio b" with shepard smith. shep: we want people to think about. think first. today we'll help you with a couple folks who have opinions on this thing. one is a city councilman in one of america's great cities who

says we have turned tsa screeners into peeping toms for no legitimate reason. that city councilman will join us. on airport security an representative from el-al airlines. an israeli official will be here to tell us why these procedures don't work. fan rrp fit comes to that, i won't fly. everybody can make his or her own decision. i draw the line at people i don't know touching my junk it, not going to happen to me. shannon: sounds like a good policy. a major backlash against aggressive patdowns. accusations tsa agents are crossing the line. that could spell big trouble.

>> we are trying to stay ahead after the bad guys. >> nobody should be able to touch somebody else's body. >> leaving an i am average yourself on a machine feels violating, absolutely. do your lashes want volume or length? how about both? new covergirl lashblast fusion. our biggest brush meets our fiberstretch formula for a blast of volume and length. new lashblast fusion. from easy, breezy, beautiful covergirl. ,

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but if you have arthritis, staying active can be difficult. prescriptiocelebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. and celebrex is not a narcotic. when it comes to relieving your arthritis pain, you and your doctor need to balance the benefits with the risks. all prescription nsaids, including celebrex, may increase the chance of heart attack or stroke, which can lead to death. is chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, including celebrex, increase the chance of seris skin or allergic reactions or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. tients also taking aspirin and the elderly are at increased risk fo stomach bleeding and ulcers. do not take celebrex if you've had an asthma attack, hives, or other allergies to aspirin, nsaids or sulfonamides.

get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor about your medical history and find an arthritis treatment that works for you. ask your doctor about celebrex. and, go to celebrex.com to learn more about how you can move ward relief. celebrex. for a body in motion. shannon: they set the security standards for all commercial airports, the tsa. now a congressman had written a letter telling the airports to boot the tsa all together. doug burns a former federal prosecutor joins us. let's talk about the different lawsuits it's legal for these airports to use private screeners, but they have to follow the tsa functions correctly.

what are the odds we would see saxby the government if they feel the screeners aren't doing the job. >> under the legislation passed post 9/11, basically there are specific sub sections that say the secretary of transportation can delegate security to private firms but he or she has to certify the security will be equal to or greater than that provided by federal employees. that leaves it wide open for a challenge. there is 16 or 17 airports right now apparently out of the 450-some-odd major airports that have some privatization of this function. to me it seems like a little bit of political talk in the wake of the recent media grabbing

stories. shannon: we understand there are multiple pilots challenging this. what odds do you think the pilots would have in filing a lawsuit that a lot of people will argue these procedures are in place to protect you when you fly the plane. >> we engage in balancing tests all the time. you balance privacy versus security. i can walk into a state court with no security yet in federal court i have to go through security. the pilot thing is moot because after the two pilots filed suit in federal court, i saw the director of tsa saying now they are going to go with mere checking of identification and credentials and not subject them to the pat-down. but to answer your original question, i think there would be a strong argument as you put it wind's for everybody's own good. so the challenge might have a

tough time in succeeding. let's talk first about criminal charges. we had on john pinier a couple days agore. he says if you touch my junk i'll have you arrested. could you press charges against somebody you felt got too frisky? >> it would be difficult. the fact of the matter is, hyper technically, sexual assault possibly. you know, obviously i'm not tap dancing. it would sab case by case analysis. it would be a question of fact how invasive it was. i tend to agree there is a certain points involving one's private areas that should not be broached. but by the same token you could

ends up -- i was a federal prosecutor in a district with both major airports, la guardia and kennedy. you could have people smuggling things in. so it's a tricky issue. it's hard to say. but i don't think he could make good on his threat you are going to be arrested anytime soon. shannon: are dangers on the golf course deep below in the murky what of hazards and lakes. this buy can make serious money. but they can be prime gator bait. >> they will dive down and bum my tank with their nose. then i get out and leave that lake until the next time.

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shannon: adam sandler knows a golf course can go off course. some like to avoid water hazards, but some like some jump right in. it can be very dangerous, about it can also bring in big bucks. orlando, i don't know if i would be willing to do it. >> reporter: this guy along with one coworker, he goes inside 34 different lakes act state of florida and last year along with his one employees, he

collected about 2 million of those small tiny white golf balls. he says there are two people who do this kind of work, those who have had bad experiences and those who are about to have them. all golfers at some points they all end up in the water. and that makes 6'8" glenn berger happy. dressed like one tall ninja, he's one of 100 professional golf ball divers who drives with snakes and gators. >> they will bump my tank with their nose. then i get out and leave that lake. >> reporter: the golf balls are washed and cleaned and sorted by hand based on brand,

color and quality. on this day berger is diving into a string of lakes at the pelican preserve golf club in fort myers. after a pretty good haul they move onto the next water hazard. >> we have people call up and think there is a monster or critter in the water because they see bubbles coming up or a head pop up. >> reporter: he says 5-10% of the balls he collected last year were unusable because they had been in the water too long. they had been hacked. he goes through the balls by hand. he makes sure they have good quality and color. he said this week alone he is selling 150,000 to three different countries and he made a whole lot of money.

shannon: if you are going to face a gator you should get paid the big bucks. captioning made possible by fox news network really? that's great. yeah. plus, it includes scheduled carefree maintenance. huh. light's green. there you go. oh, you need a pen. i had one here just a second ago. who would take my pen?? [ male announcer ] it's amazing what you can do with a pen. sign then drive is back. for a limited time get any 2011 volkswagen for practically just your signature.

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challenges of the century. article v commitment is the center of the approach. an attack on one nato member is an attack on all. as we will always back up that commitment with conventional nuclear strength necessary to defend our allies we are backing up the commitment with new capabilities. i am pleased to announce for the first time we have agreed to develop missile defense capability strong enough to cover all nato european territory and populations and the united states. this important step forward builds on the news approach to missile defense i announced for the united states last year. it offers a role for all of our allies. it responds to threats of our times and shows our determination to protect our citizens from the threat of ballistic missiles. tomorrow we look forward to working with russia t