viewers at our brand new live chat at greta wire.com. see you next time. >> heather: i'm heather childers. >> gregg: and i'm gregg jarrett. topping news this hour, faa issuing brand-new guidelines for air traffic controllers. they are not allowed to seep sleep on the job but wait until you hear what they are allowed to do. >> and the casey anthony murder trial. >> and shocking details in another case grabbing worldwide attention involving dominique strauss-kahn. was the whole case built on lies? our power panel coming up. >> heather: fire crews fighting to contain the largest wildfire

in new mexico's stated history. forcing more than 10,000 people to evacuate their homes. at one point threatening one of the nation's top weapons labs and creeping towards a nearby indian reservation. dan springer is live. so is the threat for the lab over? >> it appears. but there was some tense moments about an hour ago when we heard reports of a fire that broke out on lab property. fire crews responded quickly and put the fire out. turns out the cause was a rodent getting inside a transformer, any time you put fire and this national lab in the same sentence, it raises a lot of concerns. as far as the threat to this lab the best indication that its over is what happened at a news conference this morning when a lab director told us the media, they are going from the phase of emergency to recovery. that means a couple of key things.

it means a couple hundred firefighters that had been working the perimeter of the lab can now go to another flank of the fire where it's burning more intensely and staff will be able to go inside and check on the systems and see if there has been any damage to the systems inside this lab. they have 10,000 experiments that were put on hold on monday because of fire. >> heather: another flank of the fire. where is the fire moving to now? >> reporter: all the wind has been pushing fighter in the north, santa clara arise vacation, about 6,000 acres have burned so far. nothing close to homes. no injuries or deaths from the fire and no structures affected however it is impact go the watershed so it's affecting water quality and some tribal areas. there will be a lot of restoration and they still don't know the extent of the damage. it will be days or weeks before they have the fire under control

enough to be able to do that. 113,000 acres, largest in new mexico state history. >> heather: thank you very much. >> gregg: more on the hot, dry, tinder conditions fueling these fires. maria molina is live in the weather center. >> we have generally dry weather across that region which is not good news but we are starting to see a shift in the weather pattern. we are heading into the north american monsoon season and it will fire showers and thunderstorms across the area. we're seeing them across parts of new mexico. in the forecast we do have a chance of isolated showers over the next several days. these are very isolated. don't expect a lot of rain out of some of these thunderstorms, but the other concern with some of these storms there is a lot of dry air in place some of that

water actually evaporation before reaching the ground so you don't get any water on the ground and some lightning sparks up new wildfires. that is more concerns to keep in mind. we do have relatively weak winds but generally speaking the winds shouldn't be making things a lot worse for those wildfire efforts. showers and storms, you can see them very isolated. most of the storms really not reaching those areas where the wildfires are right now. the other concern is the smoke, air quality concern issued out across that region in areas impacted will be north central new mexico and off to the white rock communities. people in the sensitive group, asthma, lung or heart disease or children. so those people should be concerned. you see heavy smoke outside, limit those outdoor activities.

>> gregg: good advice. >> heather: a dramatic trial of casey anthony is nearing for an end. closing arguments are to begin tomorrow and jurors will work through the july the 4th holiday. now, the latest from orlando. >> reporter: closing arguments begin sunday, the final day in a trial that has cap elevated the nation. it has grown into -- captivated the nation. >> it's all about videotape. >> as the defense rested the case, they explained her rights to testify. >> do you understand that your decision to testify or not to testify is solely your decision and your decision alone? >> yes, sir. >> it is your decision not to testify? >> yes, sir. >> in the prosecution's rebuttal they said cindy anthony was at

work when somebody used use casey's computer to search the word for chloroform. cindy said that she did the searches. >> they were entering information into the patient record? >> yes, that's correct. >> reporter: after closing arguments, the judge will give them final instructions before deliberations begin. she determined to keep the trial moving and warns that the jury is growing tired of the delays. >> remember, you can take as much time as you want but you got jurors back there. they have been sequestered. >> reporter: the jurors are expected to begin deliberations as early as sunday afternoon and work through the july the 4th holiday.

>> heather: remember, we'll have complete coverage of closing arguments in the casey anthony murder trial beginning at 9:00 a.m. eastern tomorrow. >> gregg: we are beginning to learn a whole lot more about the woman at the center. rape case against dominique strauss-kahn. this is new videotape of him leaving today with his wife, leaving their new york townhouse unclear where they are headed. earlier his attorney laid out some of the alleged victim's false statements including lying on application for political asylum, admitting to making false statements about an alleged gang rape in her native country and lying to the grand jury about her actions immediately following the alleged dominique strauss-kahn sexual encounter at a new york city hold in may. we'll be talking about potential fallout with our power panel. stay tuned.

>> gregg: republican governors reportedly starting to talk about endorsing a candidate for president but it appears the race is still wide open. take a look at this. mitt romney leading the latest fox news poll and potential republican nominees. he is followed by rick perry who hasn't said what he plans to do, michele bachmann, sarah palin followed by cain, gingrich and huntsman. let's talk about the endorsement of governors. we're joined by shane, editor of campaigns and elections. at this point in the run-up to the 2000 elections, gop governors rallied around george w. bush but they haven't done it this time around, not yet. is that perhaps because the current head of the republican

governors association is non-other than a guy named rick perry. >> i think it has something to do with it. you have a number of former governors in the race. you got rick perry looming large. at this point i think it's still too early. you look at that fox poll, the race for the republican nomination is so wide open, there is no clear front runner. the difference between this race and what you saw in 2000 when you had so many republican governors rally around george w. bush, he was the front runner, he was the clear front-runner and a lot of people got behind him early. >> gregg: governors tend to think that governors make the best presidents. let's talk about mitt romney because he really laid in to the president's stimulus. take a look at this. a fox news poll shows that it's

unpopular, almost 70% think it's either made no difference at all or actually hurt the economy. we're going to get it up for you in a moment. romney traveled to pennsylvania and stood in front of a once booming metal factory and then he said this. >> time is focused on playing golf and campaigning and blaming. he should be spending time to get americans back to work and fixing the economy. there is a big issue coming up with regards to the debt ceiling. president ought to be in washington meeting with republicans, meeting with democrats. he shouldn't leave that town until he has an understanding of what it's going to take to get this economy going again and deal with the fiscal crisis, but he is here raising money for a campaign. doesn't even have a primary opponent. >> gregg: might gop governors

rally around mitt romney. he is lashing out at the current president? >> i think that is possibility. i think what you elude to, governors think that those from their ranks make the best president. you have heard a number of governors yet to endorse that idea they would like to see a governor as the nominee. they would like to see a governor as the next president. i think you have to wait a while until the field narrows or some things become a little clearer. at this point i just don't think there is enough reason for the vast majority of the governors to come together and endorse and pick a candidate. >> gregg: by the way, i double checked the most recent numbers, the president has played, this is what mitt romney was saying. he has played golf 75 times overall and this year alone, he

is 35 fund-raisers he has been to just this year alone. if you have to pick a governor who is powerful in terms not just his endorsement to the electorate, people that respect him, but a guy that has a good organization, who would it be, chris christy? >> i think it's somebody like haley barbour, an endorsement from barbour brings a lot in terms of organization and money connection in terms of fund-raising. chris christie is name among conservatives. that would be huge for a candidate to get chris christie's endorsement. both of those governors would be tremendously influential. >> gregg: anybody else? >> governor nikki haley. she has indicated she is going endorse somebody and given south

carolina importance in the primary process, nobody that has gone on has lost south carolina. folks have been courting her since she ran back in 2010. >> gregg: you mentioned, maybe we can put the stimulus numbers up, you mentioned earlier, governors john huntsman, tim pawlenty, why are they so low in the polls? >> at this point it's still a name recognition game. i think when you look at tim flawz may be other questions. for john huntsman, not enough people know who he is. when you look at romney leading, it's largely because he has the biggest name recognition along with sarah palin. that why those folks are at the top. when we get a few months and the campaign gets going, then you'll

see movement. >> gregg: interesting stuff. good to see you, happy 4th. >> heather: nato launching a new round of intense airstrikes. the air assault targeting khadafy's forces in the western part of the country. libyan leader now threatening to attack europe unless nato stops dropping bombs. now, the latest from misurata. >> reporter: right after that speech we had a lot of incoming rocket fire into misurata. it was directed about six miles from where i'm standing, that is critical because only way supplies can get in to this city where people are still trying to take stock of their lives. >> there is now a deadly silence on o what was the main streets, as they survey the damage and see what sunshine left.

>> we went down and come back and we see our houses. they had been destroyed. everything was destroyed. >> reporter: now in the shadow, crews work to pull new telephone cables and repair the destroyed infrastructure. >> what can't be replaced who died in this epic battle. this is shrine to the first three people that were killed and artillery shells that were used as vases. inside this grocery store we have pictures of all the people that died or are missing, many of whom are children. >> when we see this, you can't describe it. think are from our families.

>> reporter: the front line is about 35 miles from where i'm standing right now. it is some 200 miles to tripoli. rebels say all the people who have died have not died in vain and will march toward tripoli but they don't have the discipline or the military hardware to actually make it there. >> heather: leland vitter, thank you. >> getting new details on plans to keep you safe in the skies. faa rolling out a series of brand-new rules to keep air traffic controllers from sleeping on the job. what they are now being told to do. >> heather: and serious concerns over the deadly virus unfolding and who may be funneling weapons to rebels and we'll talk to ambassador bolton and whether is we should be pulling out remaining troops.

>> hello everybody. we're in iraq right close to baghdad. i want to say hi to everybody, back home in united states and happy 4th of july. happy birthday buddy, take care, bye-bye. ♪ ♪ introducing purina one beyond a new food for your cat or dog. every day you live with the pain of moderate to severe rheumatoid arthritis could be another day you're living with joint damage. help stop the damage before it stops you by asking your rheumatologist about humira.

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>> gregg: the president is at camp david and we just received word that the military had to scramble f-15 jets because there was plane, a 2-c plane that intruded in the airspace within six miles, that is the limit. that kind of aircraft not allowed there. the jets had to escort that plane safely to the ground. we would assume that the pilot is being questioned. he was apparently out of radio

contact which is perhaps another no-no. there is a map of the situation. they scrambled the plane out of north carolina the fighter jet. it caught up with this two-seat aviation plane and made visual contact witnessed and escorted it to the nearest landing strip. it could have been an accident. we just don't know. authorities are trying to find out that right now. this has been a fox news alert. in the meantime, speaking of aviation, working the graveyard shift, not easy to do but for the air traffic controllers things are looking up. faa announcing new guidelines to help exhausted employees. molly henneberg is live in washington. what policies have been changed now? >> reporter: for one thing if an air traffic controller is scheduled to work but too

fatigued to do the job, they can take the day off. also if if controllers are working the overnight shift and air traffic is light they can listen to the radio and read. these measures have been in development forces a couple of years but particularly important now after the faa acknowledged at least 7 incidents of air traffic controllers falling asleep just since april. faa administrator said of the new policies, air traffic controllers have the responsibility to report and ready to work but we also need to make sure we have the right policies in place to reduce the possibility of fatigue in the workplace. faa had mandated earlier this year that all controllers get a minimum of nine hours off a shift to try to prevent sleepy workers. >> gregg: any more changes coming down the pike? >> yes. the union and controllers are

working on procedures, including scheduling and sleep apnea and management system. they say within the next 14 months they will have work principles ready aimed at haifa teeing schedules. it's working to change its policy regarding the disorder sleep apnea, to allow controllers no come back to work after they got treatment. they say they are developing a process to collect and study data related to sleep and schedules and work intensity to develop fatigueless management system by next january. >> gregg: molly, thank you. >> heather: former imf head dominique strauss-kahn leaving his new york city townhouse after being freed. new questions surround the woman who accused him. is the case collapsing? the power panel will weigh in. >> we believe from the beginning that this case is not what it

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>> gregg: to the war in iraq and new concerns that it's taking a deadly turn for the worse. [ gun shots ] >> gregg: recent fighting, 15 american soldiers killed there in june making it the deadliest month for american troops in the past, since 2008. really the last three years.

what is behind the surge in violence? shouldn't be we go pulling our troops out of the country? former ambassador to united nations, john bolton, order to see you. is iran behind the deaths in iraq and do you think president obama is reluctant to do anything about it for fear that it will jeopardize tehran out of their nuclear build-up? >> there is increasing evidence that iran's meddling inside iraq has been increasing. they have been supplying groups with finance and weapons but there does seem to be an increased level of activity. that is tied to the expected withdrawal of american forces by the end of this year. as iran seeks to expand it's influence and i think american commanders on the ground for

quite some time have been frustrated by the lack of american response which could well be tied to the iranian nuclear weapons program that you mentioned. >> gregg: we have a security agreement with iraq which severely restricts the ability of our forces to even defend themselves, in fact, here is how the "new york times" described it today. i'll quote it. it's a fact that has ratcheted up the anxiety and the anger among troops who find themselves under attack, but, unable to respond. ambassador, does that seem like an irrational or insane policy -- our guys can't defend themselves? >> part of it has to do with political restrictions, part of it has to do with restrictions that the impact itself has imposed in an effort to keep casualties down. i think we need a much more realistic look at the prospect of keeping some substantial

number of american forces in the country after december 31. obviously that depends on iraqi government approval and iraqi government itself is in turmoil over this and other related issues. >> gregg: if we do pull out at the end of the year and iran continues to try to influence iraq, what do you think iran's long term goal is in iraq? >> there is no doubt it's long term goal in the middle east as a whole is, both as a regional power, close to be a nuclear weapons state and for the centuries long war between shea and islam. this has major implications not only for the united states and iraq but for other countries in the region, saudi arabia and others. there is a lot at stake. that is why i think the

withdrawal of american forces purely due to an arbitrary timetable is a big mistake from our point of view. >> gregg: let me switch if i can to libya. africa heads of state are meeting to try to craft a deal to end the libyan crisis. some are talking about keeping khadafy as part of the solution. what should the u.s. and nato response be to that? >> i think we ought to be stepping up our efforts to bring khadafy's regime down. we could have done this a long time ago if we had a swift action by the united states. i think we are underestimating the split inside europe with a number of countries, germany, now italy, very much wanting this military activity to end. if we're not careful we're going to end up with khadafy remaining in power. >> gregg: if the bombing of khadafy forces flags and if he

does hang on power what kind of message to freedom fighters in other parts of north africa shedding their blood? >> i think it would send a signal of lack of american resolve, a lack of american determination. it would signal nato weakness, implications in places like syria and egypt and have implications like pakistan, as well. a lot rides on this more than just getting rid of khadafy, who yet again in past days has called for a return to terrorism something he used before and is threatening again. one more reason to get rid of him. >> gregg: last question -- there is a new study by the eisenhower research project and it concluded that u.s. involvement in afghanistan, pakistan and iraq has cost up to 4 trillion dollars over the past decade. your reaction to that? >> i think that study is badly

flawed for a number of reasons. it's counting costs we would have incurred anyway for the existence of the military. it does focus on the potential explosion of medical costs. that is something i think even defenders of the defense department have said for some time that is an area of cost cutting we ought to be looking at. badly flawed but there are points worth taking into account going forward. >> gregg: unless anyone thinks we forgets, more than 6,000 american lives in various wars over the past decade, hundreds of thousands have been injured. ambassador john bolton, happy independence day and thank you so much for taking the time. >> thank you. happy 4th. >> heather: it appears that new york city's budget woes are far-reaching. the city will have to shut down the swimming pools and

summertime programs. david lee miller looks how the money crisis will hit the youngest residents? >> we're not just talking about new york city, a nationwide problem, for thousands of young people, summer is going to be a boring break from school. the problem cutbacks in services and programs across the entire country. problems here in new york city mean four pools are going to be forced to close and youth employment program has been slashed. and in detroit, a summer program that served 7500 is going to serve 1200 kids. lack of money means that 15,000 kids will be without summer activity. according to a survey, cuts in spending than at any time in the last 25 years. some argue cutting now may mean

a bigger cost in the future. >> if we don't invest in children now, problems will be higher, crime will be higher, a lot of people will be out on the streets. >> reporter: there is some good news, private contributions are helping summer programs to survive. in houston, pools and recreation centers will now be open thanks to infusion of cash from energy company donations. and jobs and money to teens looking for summer employment but the problem of cutbacks remains. >> heather: not good news for adult kids when you are talking about swimming pools. >> gregg: arnold schwarzenegger's marriage one step closer -- forgive me, being terminated. we're going to have an eye-opening look at the new court document and what they reveal. >> heather: plus teachers being told to avoid using the word him

or her when referring to students. this is crazy story. what they are being told to call them instead. power panel will have more on that up next. ♪ ♪ ♪ ♪ th protein! really? 25 grams of protein. what do we have? all four of us, together? 24. he's low fat, too, and has 5 grams of sugars. i'll believe it when i--- [ both ] oooooh... what's shakin'? [ female announcer ] as you get older, protein is an important part of staying active and strong. new ensure high protein... fifty percent of your daily value of protein. low fat and five grams of sugars. see? he's a good egg. [ major nutrition ] new ensure hh protein. ensure! nutrition in charge!

>> heather: a major twist in the sexual assault case of former head of the imf dominique strauss-kahn. his accuser facing new questions about her credibility. a judge in new york streed dominique strauss-kahn from house arrest. back in may prosecutors claim that he tried to rape a housekeeper of a posh manhattan hotel but they say the she lied about what happened about the incident and also she has financial ties to a convicted drug dealer. the lawyers wanted the charges dropped. >> we believe from the beginning that this case was not what it appears to be. we are absolutely convinced that while today is a first giant step in the right direction, the next step will lead to a complete dismissal of the

charges. >> heather: but for now the charges still stand. so how will all of this impact the case? let's bring in our power panel, liswiel and k.t. mcfarland and fox news contractor. happy 4th of july. >> let's that you can about what has happened with dominique strauss-kahn just yesterday. is this necessarily a good thing for other people who place charges of rape? >> first thing that came to mind was the duke lacrosse case. she came forward and nyfon who was the prosecutor in the case, really all guns ahead and didn't interview any of the defendants. took her word completely.

>> main contributions in general. >> and nyfon lost his bar license, but this is different. i don't think the prosecutors are acting right. they did take her word for it and did more research and done more investigation. when this came out they did the right thing. they gave it to the defense so everyone knew what was going on. they said, okay, no more house arrest. let him go. >> this is an example of innocent before proven guilty. the media has ran all over the with the story and are we really going to know what happened. >> you never know. >> accuse of lying and terrible character and powerful that destroyed my credibility, but he is going to back to france and

run for president. in the united states that would have finished you, even the accusation. he'll probably get elected. >> heather: it does create more questions for people that, what does it do for women that have claims. are they going to be more afraid >> i used to prosecute rape cases, i don't want to go forward with these allegations, i'm worried about being raped in the courtroom. that is why we enacted the rape shield law, sexual activity can't come in. >> and this is in front of a grand jury, so the layer between the attorneys and the grand jury. the grand jury indicted him.

>> other thing, you shouldn't put yourself in that kind of situation. that is a lesson learned. >> he never denied it. >> he had questions about his character in the past. >> so let's move on to the next. around maria and there is no prenup which means they could get half. is there th a fair deal for arnold and maria? gregg mentioned the sunset provisions, i looked it up in reference to divorce settlements. do we know, did they ever have had a prenup even if there was, gregg is exactly right. there did a sunset provision, after a certain number of years

and they have passed that number of years in any state, prenup would not be valid. prenup or no, she is entitled to half of the estate, community property. she is entitled to what he earned while they were married, not before and not if a gift was given to him or inherited something, but half of what he actually made while they were married. >> here is a guy, state of california is bankrupt. screwed up the marriage. kids are estranged from him, he is going to be back in the movies. [ laughter ] >> let's talk about the facebook. >> this is one expensive thing. i'll say. i don't think it's about the money so to speak, the priority would be about the children

because she is willing to negotiate joint custody. so really the priority because they are both pretty wealthy. she is a very classy lady. >> heather: next topic, in sweden, it tries to do away with gender identity asking staffers to avoid using him or her and referring to students as friend. >> i am sorry. parents and teachers are not friends. i think it's good my friend, i'm so mad at you. i'm not your friend. they are trying to do away with that. to have a bunch of adults feel

good about themselves. what they are really going to do is screw up a bunch of three-year-olds so when they grow up they will be more screwed up. [ laughter ] >> there a long wait list to get into this school. it's command and control. they are brainwashing these poor kids. if this is about equality, it's about what person can do in order to get ahead to succeed. look at this panel here. >>. [ talking over each other ] >> and embracing a woman, embracing a man and do the best you can in life no matter. >> all right. we'll be right back with our

power panel to talk about this controversial news week cover -- you may have heard about this. digitally aged princess diana, does it honor her or is it creepy?

>> heather: calling it a trip through time but others say its step too far. appearing bill yam's new wife on the magazine. they modified the face a little bit reflecting what she might have look like if she were still alive. but they spoke to the former butler but she said the sons would not like it. >> as much fun as the pictures are to look at, you say the boys

would be very unhappy about it? >> i think they would. i think they want to remember their mother with fond memories of the way she was, not as she is now because she is not here anymore. >> heather: let's bring back our power panel. what do you we think. is this creepy? >> this is tabloid magazine, reported about aliens in your basement. they are exploiting the tragic death of princess diana. >> i met her a number of times, all the men in the room wanted to protect her and all the women wanted to look like her. painted brown wrote a book about diana and good friend but to take her image and. >> but to exploit it for money

and to put it on cover of a magazine, isn't that really.... >> when i saw the picture, the magazine sales, industry is not doing well at all. they have taken advantage of the situation. >> you did bring up a good point. it's newsweek magazine, it's not like one of the tabloid journalism. >> i'm sorry, i have a gut reaction, negative reaction to it, i don't think she would want that. i don't know her, but putting anybody in that position, why would she wanted herself aged and put herself on the cover of a national magazine what would have been your daughter in law. >> riding the wave of the royal welding. >> i think it's wrong. it's trying to exploit someone that is long gone. >> and there is also a facebook

page that is representative as if she were still alive. there it is. that diana is doing the facebooking herself that is a little odd, as well. >> i agree. >> would you feel the same way >> what comes to mind -- i don't know. >> again, i guess i would feel a little differently because it was so long ago. most of really remember her him being alive but diana, it wasn't that long ago. she has two kids. >> heather: so the next topic, we mentioned social media and facebook. the area is twitter. are you on twitter at all?

>> absolutely. i tweet all the time. >> and they are asking celebrities to tweeted upcoming highway closing and kim kardashian, but her tweets gave the wrong dates not once but twice. there is picture of kim kardashian. >> when was the last time you went to her tweet. >> here is one of the tweets. remember this weekend, the freeway is going to be closed between san fernando valley and west side. that made it sound like it was this weekend and then she tried to fix it. she said remember next weekend it's going to be closed. that was still wrong. [ laughter ] >> you deserve to be stuck in traffic. >> are we really giving her responsibility for being famous.

>> if it wasn't about hair, clothes and makeup. that is what she is riding on. >> i heard about this from ashton kutcher and he put out a tweet as well talking about that [ talking over each other ] >> what did he say. >> he sent out the tweet. i didn't know about kim kardashian but i do follow him and he did send it out. he was right. >> an expert tweeter, i think. >> but how do any of them have real information about this stuff. why would anyone rely on it? your weather advice, driving

advice, legal advice, medical advice? >> the other thing, if you are driving down the highway and looking to see he is tweeting about the traffic. >> and we actually talked about when you were on the panel, people depending on celebrities like jon stewart for their news. so it kind of ties in. >> thanks for joining us. have a great 4th of july! >> coming up next the casey anthony murder trial is expected to go to the jury tomorrow. the judge alex ferrerar will give us what jurors will soon face. i'd like to wish a happy 4th of july in north carolina and also tennessee. happy 4th of july! at bayer, we're re-inventing aspirin for pain relief.

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so you can get back to playing "angry birds." it lets you access business forms on the go, fire off e-mails with the qwerty keypad, and work securely around the world so you can get back to playing "angry birds." it's the android-powered phone that mixes business with pleasure. so let's get our work done, america, so we can all get back to playing "angry birds." the motorola expert from sprint. trouble hearing on the phone? visit sprintrelay.com. >> heather: hello, i'm heather childers welcome to a brand new hour. >> gregg: i'm gregg jarrett. topping the news. good news for firefighters in new mexico battling that massive wildfire for days trying to keep the flames from america's top nuclear weapons lab. we'll get a live report. >> michelle bachmann launches her july 4th, weekend tour of

iowa. she is neck-and-neck with romney. >> down to the wire, the finish line. prosecutors and defense attorneys preparing to present their closing arguments before the men and women who will decide casey anthony's fate. our legal panel and judge alex ferrer, weighing in. >> first, the federal aviation administration announcing new rules for air traffic controllers. part of a push to prevent men and women who guide our planes from falling asleep on-the-job. molly henneberg is live in washington, with more. >> reporter: these new rules are a joint agreement between the faa federal aviation administration and the national air traffic controllers association. they say air traffic controllers can now use sick time or vacation time if they are too sleepy to work. if working the overnight shift and air traffic is light they can listen to the radio and read to stay active and help them stay wake. although these policies have been in for a couple of years

the issue of sleeping had been front and center this year. faa says since april there have been several instances of controllers sleeping. two planes landed at reagan national in northern virginia without help from an air traffic controller who dozed off. the faa mandated that all get minute number of nine hours off between schiffs to try to prevent sleepy workers. transportation secretary ray lahood said the american public must have confidence that our nation's air traffic controllers are rested and ready to work. we have the safest system in the world. we needed to make changes and we are doing that. the faa and air traffic controllers association an yield to continue the policy of not allowing controllers to take naps during breaks. they say controllers must be available for recall at all times.

>> heather: thank you molly live from d.c.. >> gregg: no celebrations for firefighters in new mexico this 4th of july. largest wild fire in state history is on the move. threatening indian reservations in the north and more than 10,000 are waiting to be allowed to return home. dan springer is live in los alamos. what are the latest concerns over the nuclear weapons lab in the area? >> reporter: the threat has diminished to the point where the lab has chained status from being in emergency mode to recovery mode. first, it frees up 200 firefighters to leave the protection of the perimeter of this complex and go to where the fire is really burning. it also allows lab staff to get inside and see if there was damage to equipment or systems. 10,000 experiments were put on hold when this fire broke out sunday. they were evacuated monday

they want to get in and see if any damage was done. we had a scare a couple hours ago. there was a fire at a one acre piece of land in the lab area. it turned out to be a squirrel getting into a transformer. you would not believe the response to that fire. any time you have a fire nearbyby like this one, and you have a lab with nuclear waste, you have a big response. they put that out quickly not related to the fire. >> squirrel, raccoons, rodents of all kind wreak havoc in many ways. where is the fire headed now? >> reporter: it is going north. again, for the people of los alamos and the lab that is good news. also a big indian reservation, already charred about 6,000 acres. that's getting into sensitive watersheds, killed a lot of animals and sensitive plants. the officials with the

reservation have taken a big hit. here's what one had to say. >> there's always hope that the damage to our reservation particularly, our timber area, our forest area would be protected. unfortunately, mother nature is the one that is driving this fire and in control of it. >> reporter: again, no structures burned. the people of los alamos, 12,000 people who are all evacuated on monday of this week, should hear tomorrow whether they can return. we are thinking sunday, perhaps monday at the latest. >> gregg: dan springer, thanks very much. >> the big question is, are these folks going to get relief from the hot, dry weather? maria molina following that in the fox weather center. >> we are seeing showers and thunderstorm firing up around the region. nothing in los alamos.

across the state of new mexico showers and storms continue to fire up not just this afternoon but the next several days. we are headed into something call the north american monsoon season. over the next several months we are going to see an increase in moisture across the four corners region and the state of nevada. this is a yearly seasonal thing. this will continue to fire up. we'll see additional precipitation. that said, the activity will be limited over the next several days. very isolated stuff. some of those thunderstorms will be moving over dry air. the water that will fall out of those storms will evaporate before reaching the ground. if you get lightning that could spark up new wildfires that is going we continue to track over the next several weeks. if we get precipitation that will be good news. temperatures stray on the warm side in the 80s in los alamos. other spots will look at high into the 90s, very warm. there's an air quality alert in effect through the workweek

because of the smoke. showers and thunderstorms firing up. some have the potential to veer further north where some of the stronger activity is now. not really a lot of moisture with this. hopefully, we'll start to see these storms create more precipitation over the next several days. as far as the air quality alert in effect for the region, it will be affected los alamos and the white rock community. what that means is that sensitive groups need to keep this in mind. people with asthma, lung or heart disease and children. when you have heavy smoke in the region, limit those outdoor activities and head indoors. >> gregg: maria molina, thanks. >> heather: political fireworks coming from the white house in 4th of july weekend. president obama making it clear that nothing is off limits in the budget debate. with the deadline one month away to raise the nation's debt ceiling the president used his weekly address to

call on republicans to raise taxes on wealthy americans. republicans say, it is not the answer to our problems. peter doocy reports from washington. >> reporter: today is july 2nd. the administration says the debt limit will be reached august 2nd. president obama says to tackle our massive deficit tax breaks must be targeted with wasteful spending but nothing is off the table. and it is time the government stars living within its means as families do. >> the president: it would be nice if we could keep every tax break. but we can't. if we choose to keep tax breaks for millionaires and billionaires or hedge fund managers and corporate jet owners or oil ands go companies pulling in huge profits without our help. we'll have to make deeper cuts somewhere else. >> reporter: the president says anything is possible. most republicans are probably going to disagree. they've insisted they will not get behind any kind of tax hikes in the weekly gop

address senator coates from indiana said the president should do what indiana's governor daniel did cut taxes, lower spending and pay down the debt. then everything will get better. >> the president and democrats in congress must recognize their game plan is not working. it is time to acknowledge that more government and higher taxes is not the answer to our problem. it is time for bold action in a -- and a new plan to address our current crisis. >> reporter: the american spirit was the theme this holiday weekend. senator coats said he hopes things turn around so he is not part of the first generation to leave the country worse than the one they inherited. president obama says he thinks all decide sides need to think how much they love america and figure out a way to come together to help everybody out. >> heather: peter doocy reporting for us.

>> gregg: republican presidential candidate michelle bachmann is taking her 2012 campaign on the road. kicking off her bus tour of iowa this holiday weekend. along the way she is meeting and greating many supporters and attending 4th of july activities. >> heather: another republican could be throwing his hat into the race for president. michigan congressman thaddeus mckotter expected to announce today he's seeking the nomination for 2012. he says that he will push for a -- for a fundamental restructuring of government and wall street banks that received federal bailout money to free up credit. >> iran funneling deadly new weapons to allies in iraq as well as afghanistan. senior u.s. officials say iran is trying to ensure america's planned withdrawal from both nations is quick and painful.

defense officials say the revolutionary guard is smuggling rocket assisted exploding projectiles to militias in iraq and giving long range rockets to the taliban in afghanistan. >> heather: nato ramming up airstrikes in libya largely under gadhafi's control. rebels claim they are gaining ground and pushing towards the capital. the u.s. is dismissing gadhafi's threats of attacks on europe if flay toe's -- if nato's military intervention does not stop. >> reporter: those retaliatory strikes a not happen in , but they are happening against the rebels' stronghold here in misrata. overnight we had rockets land six miles from where we are now many they were aimed at the port, a key part of the city. a city under seen. the only supplies come in via

ship. the residents who are under seen have begun to take stock of what their city looks like. there is now a deadly silence on what was misrata's main drag. people walk through the rubble, survey the damage and see what little is left. >> we come back to see our houses, we found them destroyed. all things stolen. >> reporter: in the shadow of collapsed buildings crews work to pull new telephone cables and repair the destroyed intrastructure. these buildings can be repaired. what cannot be replaced are those who died in this epic battle. a shrine to the first three people killed. you can see the artillery shells used as vases. inside thises go store, picture of every person --

inside this grocery store pictures of every person who died. many of them, children. >> when we speak about this problem, we cannot find a way to describe this. our neighbors, friends, from our families. >> reporter: as it stands now, the rebels are about 80 miles to 100 miles from tripoli. that's where the frontline is here on the western side of miss rat the rebels claim they are going -- of misrata. the recollections claim they will continue to push towards the capital. it is hard to imagine they have the military hardware or the military discipline to make it all the way there. >> heather: leland vittert, thank you streaming live from misrata, libya. >> gregg: tensions mounting in the mideast after greek forces arrested a u.s. captain of a pro-palestinian aid ship friday. that ship was part of an international aid flotilla

attempting to challenge israel's naval blockade of the gaza strip. >> reporter: today a turkish newspaper is reporting that a turkish police investigation debunks the claim that israel intentionally sabotaged the ships. greek authorities say the ships were prohibited from leaving the greek ports. one of the ships set sail friday but intercepted by greek coast guard. the organizers are trying to challenge israel's naval blockade of gaza. >> we are not here to hurt anybody. >> we will never hurt anyone. we are nonviolent people that gaza. >> reporter: organizers alleged the ships had been unintentionally damaged by israel. turkish diplomats say that is not true. activists claim the engine of the irish ship docked in turkey was damaged in a way

that would have caused the ship to sink. monday a -- last year in june nine activists were killed after commandoes boarded the ship. knowla organizers say they will try again next week. in gaza the leaders of hamas are blaming greek authorities for grounding some of the ships, saying it is a violation of international law. >> gregg: thank you very much. >> audacity of hope was the name of the shape. >> heather: yeah. >> gregg: wonder where they got that? >> heather: you say with your grin. >> gregg: dreams of my father, maybe that's another ship. >> heather: major rally in atlanta again the state's new immigration law many why protesters are so upstate. -- >> the defense and prosecution preparing to give their closing arguments in the casey anthony murder trial tomorrow.

how testimony like this could help them hammer their final points home. >> did miss anthony march of 2008, have the capability to work from home? >> no. >> could she log into her account from a laptop computer? >> no. >> could she log on to her account via a desk top or -- >> no. >> we're a small business. with 27 of us always in the field, we have to stay connected. we use verizon tablets, smartphones. we're more responsive. there are no delays. delays cost money. with verizon, we do things quicker and more effectively. more small businesses choose verizon wireless than any other wireless carrier because they know the small business with the best technology rules.

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. >> gregg: welcome back. here are some of the headlines we are following. oil spill prompting 140 evacuations near billings, montana. exxon mobile pipeline that

runs under the river ruptured. >> thousands storming georgia's capital in atlanta protesting the state's new immigration law. last week a judge blocked one provision allowing police to check immigration status of suspects. >> former international monetary fund chief dominique strauss-khan is reportedly in the hamptons. wouldn't day after a judge lifted his house arrest. yesterday prosecutors announced there are problems with the credibility of the hotel maid who accused straus can of trying to -- to rape her. >> president obama pushing congress to quickly approve a deficit reduction plan. pursuing such opposing strategies it seems likely nothing will get done in the short term. voters are noticing. congress' approval rating is 26 points lower than the president's. his isn't too good. more voters disapproving of

congress' performance as well. here we have it for you. can our dysfunctional lawmakers ever get together on the budget and the debt ceiling? joining us now former senior adviser to congresswoman nancy pelosi. and a consultant for the national republican senator committee. thank you both for joining us. matt, i'll start with you. folks not too happy. is congress doing the job that we are voting them to do? they all seem to have drawn a line in the sand. who really is suffering from that? at whose expense, matt? >> i would argue the republicans in the house have done their job. they've passed the budget. not an easy thing. they've taken hard votes waiting on harry reid in the senate and barack obama in the white house to step up and do their end. right now it seems the president wants to play politics. >> heather: matt, the president said he's here, he's been there, he's been doing

his job, do you agree with that? obviously you don't. >> the day after his press conference he went on a fundraising trip and mitch mcconnell invited him to talk to senate republicans. has to stay in town and dialogue and not go on fun raising trips. >> heather: ellen, how do you scene that? >> i think the president put the vice president in charge of deficit talks and they talked for many weeks for many hours, for many days. then eric cantor, the house republican threw up his hands and walked out. it is hard to say the president hasn't been engaged when the vice president has been leading those talks. >> heather: what do you think is the solution? they both are at a standstill at this point. >> well, i think that the stand still, let's define the standstill. you have about a four trillion dollar hole you have to close over the next 10 years before experts say that the deficit and the debt are on a sustainable path.

frankly, if we did nothing, if congress never came back to town at all, we would get there, because we wouldn't extend the bush tax cuts, which is what is widely anticipated. right now, the democrats have agreed to two trillion dollars of cuts. they got halfway there. what democrats are saying is that now we need to look at tax cuts for millionaires and billionaires the corporate welfare for the richest companies on earth, the oil companies and some of these corporate loopholes that lobbyists have worked on for years and take a look at those. i think americans are starting to say, yeah let's meet 'em halfway. >> heather: how do you fine a billionaire? $200,000 if you are single or $250,000 if you are a couple? >> well, that's annual income, actually. the majority of the people we're tacking about are more in the billionaire and multi--- we are talking about are more in the billionaire and multi-million category.

the top 2% of wage earners. they tend not to be you and me even if you have salaries. >> heather: you are saying spend more and tax more and you think that is the solution? >> no. >> that is what the president is proposing. it has never worked. >> the best way to reduce the deficit is if we create more american jobs. the things that the house republican budget that matt is talking about does is balances the budget on the backs of seniors by ending medicare and giving them a government check. it balances the budget on the backs of college students by taking away their pell grants. and it balances the budgets on the backs of american competitiveness at a time when we should be investing in new technology. >> heather: matt, i'm going to let you respond to that. >> i'll give you an example of the rhetoric that the president and the democrats are pushing. he mentioned corporate jets six times in his press conference.

corporate jet tax loophole would pay for 1/10 of 1% of the 300 billions that the president is hoping to save. it is not a serious plan. it is time for democrats and the president to put on the big kid pants and start governing. >> heather: you mentioned creating jobs . you talked about the private sector job growth that has been touted a lot recently by president obama and his staff. isn't it true that the private sector job growth that has in fact begun, didn't begin until 15 months ago which is where they are measuring it from? the 13 months prior to that, the administration -- >> after the bush economic meltdown there was a dip and then under the recovery act we started creating private sector jobs. people think of the recovery act as big government spending -- >> heather: but we lost four million in the first 13 months. >> when george bush walked

into office there were more private sector jobs than when he left eight years later. i think there's awe much better case to be made for obama who turned around the giant dip and now we are going in the right direction. >> heather: not to belabor the point. i will give you president obama walked into a difficult situation. he inherited an economy in crisis, i'm going to give you that much. let's compare it to the reagan administration who walked into a similar situation and let's talk about obamanomics compareed to reagannomics. reagan cut income tax, reduced regulation and government intervention. all the things that president obama does the opposite of. when you talk about job creation, like you just mentioned, today's labor force is 40 million people, 39%

larger during the time of reagan. added 2.9 million private sector jobs. 57% fewer jobs in the first 15 months than reagan did with the opposite policies. so you still think that obama's policies work better? >> well, reagan, if you remember, left office with a giant deficit. over the eight years generally the economy was doing better, then when he inherited it. there was an article yesterday that makes a good point which is, there were five separate occasions during the reagan administration where he signed into law tax increases. i think there's a deficit of common sense in washington. because everybody knows you have to meet halfway. the really great challenge we are facing now is that we are about to hit this deadline around july 22nd, the treasury department says. where the nation risks defaulting.

i don't know why members of congress or people who are stuck in rigid ideological positions would risk 17 trillion dollars of retirement savings, lost by americans three years ago. we can't go back to that kind of cataclysm. >> heather: thank you so much, i appreciate you both joining us. happy 4th of july to both of you. >> same to you. >> gregg: two new laws are creating habits for small business owners. the president's health care program and the changes to the financial regulatory system, both are putting businesses in limbo, unsure how to move forward with hiring and growing until they know how the changes will affect them. shannon bream takes a closer look at the status of the new regulations from washington. >> reporter: each time a federal law is passed detailed regulations that outline how that law will be implemented are issued by the relevant

agencies. that often takes time. especially when it comes to a 2,000 plus page bill like the president's new health care program or the dodd-frank bill passed last year described as the biggest overhaul to the american financial regulatory system in history. >> worst part is there is this gigantic uncertainy lingering. it took two years for regulators to issue all the rules that were included in the original regulation. dooring to experts it going to take at least five times longer to do this with the financial regulation bill. that is 10 years before all the rules are written. >> reporter: in fact, some regulations for the patriot act first passed in 2001, still aren't finished. most laws have built-in timeframes for getting regulations drafted subjected to public comment and

finalized. those markers aren't always met hard to tell, a lot of these rules were going to be rolled out and there were deadlines for some. i know we missed a lot of deadlines. it is really hard to tell. plus, we are talking probably about in the case of the financial regulation bill, 10 years to actually produce all of the rules. if half of them missed their deadlines, we could be talking about much longer. >> one of the problems with the regular hraeulgs is not always that the regulation itself -- but the slowness and complexity of the regulatory process. >> reporter: meanwhile, businesses are left in a holding pattern. unsure how to move forward until they know how they will be impacted. --er of the national federation of independent binses, says small businesses are especially worried about the unknown. >> they don't know what the cost of their health care is

going to be. they know they are going to be mandated to provide something. they are going to be told what that is. and have no idea what it is going to cost. >> in the next ten years, maybe more, investors, entrepreneurs, business owners, are going to be in limbo. and are not going to know what rule they are gonna regulate their borrowing, hiring, anything that you need to do business. >> reporter: experts say while most businesses admit they dislike government regulation they can deal with the requirements and red tape as long as they know what they are facing. dancer says when the government issues regulations in a timely -- timely fashion the small businesses can plan and invest higher and do their part to move the u.s. economy forward. >> you wouldn't take that risk if you look at how many small businesses fail in the first six months or first year. small businesses and entrepreneurs are inherently

optimists. so, we look forward to the future and our small business members do. and they are looking forward to things getting better and them creating jobs. >> reporter: as for how the regulations tie to implementing the president's health care law are progressing, the initial proposals have been drafted. the final regulations won't be issued until 2015 if finished on schedule. >> gregg: shannon bream reporting in washington, thanks. >> heather: i know you have been following this closely. casey anthony's day of judgment fast approaching. >> greta: plus, new polling taking a close look at poor american -- [ inaudible ]

. >> heather: it is the bottom of the hour. time for the top of the news. firefighters are battling the largest wildfire in new mexico tate history. flames bearing down on indian reservations west of los

alamos. >> gregg: governor of north dakota asking the federal government for help after thousands of evacuated residents are returning, but many are hopeless. the governor is requesting waivers to allow them to temporarily live in low income housing. >> heather: michelle bachmann making her first formal campaign swing across iowa. recent poll of iowa voters put the minnesota congresswoman near the top of the gop field. growing growth the casey anthony murder trial is moving towards its dramatic conclusion, after weeks of courtroom drama. did the prosecution provide enough evidence that casey anthony killed her daughter caylee? at times the jury heard conflicting testimony like these witnesses rebutting casey's mother's claims that she is the one who searched for the term chloroform on the home computer and not the

accused. >> on the 21st of march there were two sessions first was opened at 7:43 and 6 seconds, central time. the second at 7:43:20 central time. >> 10 hours on the 17th correct? >> yes. >> that's what the time cards reflect. if we go down to the 21st, her time card reflects she worked that day as well, correct? >> yes. >> for a total of 9.50 hours. >> yes. >> gregg: joining us is judge alex ferrer, host of the nationally syndicated television show, "judge alex." judge these were the prosecution's rebuttal witnesses the last thing the jurors heard. there's this psychological term called primacy and regency which lawyers like to apply. jurors tend to remember the

first and last thing they are told by lawyers and witnesses. was this a good way for the prosecution to end? >> absolutely. big business take on the defense's part to put her on without checking to make sure her story could be verified. the chloroform evidence which might have been weaker in the case has now been spotlighted in front of the jury. jurors looking at her testimony which was clearly false, and wondering why would a mother take the stand and lie about doing searches for how to make chloroform? unless she thought her daughter was guilty. and unless the chloroform was a factor in this case. now what was otherwise somewhat weak evidence has become a focal point in the case. that evidence might give the boost needed to the prosecution to prove premeditation. >> gregg: exactly. because apparently these searches which were unique on the home computer. now the jury macon include that the accused made them,

they were made well in advance of the death of caylee anthony, true? >> months, months in advance. when you get to the aggrevators in the penalty phase, one that is most powerful is cold, calculated and premeditated. the premeditated part is super premeditation. not just premeditation. it is advanced planning. this gives them the advance planning they need for that. greg growing a couple of efforts by the defense -- >> gregg: a couple of efforts by the defense to create reasonable doubt difficult to qualify and sometime quantify. george anthony took the stand. at one point he was crying about how he was so distraught that he tried to commit suicide. here's the suicide note, which came into evidence. we'll put it up on the screen. this isn't all of it. but these are select phrases:

>> gregg: would you expect the defense to suggest that these are words of somebody who may be responsibility -- responsible for the victim's death? >> they did. that's what got the entire note admitted into evidence. they tried to, without admitting the note, they tried to paint, you made statements that indicated your guilt, didn't you? they tried to paint it that way in front of the jury. the state objected and asked that the entire note be read. when you read the entire note, it is clear that he didn't know what happened to his granddaughter. he talks about the fact that he felt he failed caylee in that sense it seems like he was talking about protecting her. the note reflects he says why was she so close to home? how did she go there? how did this happen? not the words of somebody admitting guilt. >> gregg: a woman by the name of krystal holloway, a/k/a

river cruz. she claims she an affair with george anthony during the time of the searches for little caylee. and then she claims that george confessed this to her. take a listen: >> he was sitting on my couch and i was sitting on the floor. he had said it was an accident that snowballed out of control. i was in shock. by the time i looked up, his eyes were filled with tears. and i didn't elaborate. i didn't ask him anything further. >> gregg: judge, if believed, wouldn't that support the defense theory of an accident, in this case an accidental drowning, that's what they claim and thus create reasonable doubt? >> absolutely that was one of the more powerful witnesses the defense expected to put on. she was credible as to aspects of her testimony, including the relationship with george many which i found him not to

be so credible on when he denied it. however, the prosecution was able to illicit the -- elicit the rest of the statement they gave right after she said it was an accident that snowballed out of control. she said yes he told me he believed i was an accident and casey was trying to cover it up. that indicates his basis of knowledge was his belief of what was going on. she didn't turn out to be as powerful a witness as the defense hoped. >> gregg: judge alex ferrer. thanks so much for being with us. >> thank you. >> gregg: retracing the big issues as we hear closing arguments in the trial. can you -- can the jury get over images look this, a mother partying in the days after her daughter's disappearance? our legal panel will be here to talk about that and much more. >> heather: after more than 50 years, a 7-year-old girl's murder may finally be solved. new evidence and the shocking arrest, coming up, next.

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>> gregg: the prosecution and defense set to make closing arguments tomorrow. after weeks of testimony and evidence, what must they say

in their final attempt to sway the jury? joining us to talk about it, defense attorney david schwartz and former federal prosecutor lis wiehl, also a fox news legal analyst. good to see you bog. the judge belvin perry has -- signed an order telling counsel what they can and cannot say during closing arguments tomorrow. here's part of the order: >> gregg: there was never evidence of sex abuse in this case. will jose baez the defense attorney be prevented from uttering those words? >> he can't. that's so crazy. if the jury remembers weigh said in his opening statement, which i'm sure they will. >> gregg: you gotta remember. >> right. i think the prosecution one way or another will get that out that he didn't bring anything in.

but he cannot. don't you think that order is a little unusual? how many times have you seen an order that is so direct to the lawyers on both sides of the case? >> gregg: standard order that was created by judge alex who was on with us two minutes ago. a lot of judges in florida follow it. >> then these lawyers are going to know that and know they have to do that. and not going to be able to go out of what they haven't produced as evidence. >> gregg: david you are shaking your head. >> in a first degree murder case where your client is on the hook for potential death penalty, you can take that order and extend it any way you want. i'm going to argue my case in my summation. i'm going to comment, i agree the sex abuse stuff, if jose baez wants credibility with this jury, he will leave that out this is about reasonable doubt, this case is about guesswork, speculation. they should hit on those issues and the holes in the

case. >> gregg: what about the issue of an accidental drowning is that reasonable or unreasonable inference under this order? >> i think david is right in the sense that it is probably in the a reasonable inference from that order. but the judge will let it in. the defense will say, bear in mind the prosecutor would never be able to get away with that. >> i would say with the accidental drowning clearly there was no evidence drought in to trial that is just as reasonable as the prosecution's theory. i would say that a number of times during my summation. >> if you look at the or there is nothing that is evidence or reasonable inference from. >> i would argue that there is such a lack of evidence in the people's case -- that is unfortunate from the defense standpoint they got carried away with this accidental drowning stuff. they should have hit the prosecution's case. >> you never do that as a defense lawyer. >> over-promise. >> right. >> juxtaposed images of casey

anthony. first the tape of a loving mother, there you see on the left hand side, playing with her daughter. the image there is she could never kill her daughter. but look on the right hand side, these are all the photographs of her partying during the 31 days of her daughter's disappearance. how do you reconcile those images? >> baez tried in his opening by saying she was sexually molested that's why she would have -- to all of us bizarre reaction of not reporting. the point is, going back to that order, he can't bring any of that out. according to that order by the strict letter, he cannot bring that out because he brought no evidence -- >> there was expert testimony as to her behavior -- [ talking over each other ] >> i would argue there is no playbook to grief. you got to bring that home.

as unreasonable and -- [ talking over each other ] >> as the defense if you are going to call a grief expert to the stand and say this is how people grieve. wouldn't you have that expert talk to your client? >> possibly not. not if they are giving a general testimony on -- [ talking over each other ] >> in that i would rather they not talk to my client. >> gregg: the jury instruction, standard and mandatory. these jurors will be read this by the judge tomorrow: >> gregg: lis, isn't it human nature to want to hear from the accused say, i didn't do it? >> if they are innocent. if you believe that i have waterfront property in arizona to sell you. of course.

>> defense's job is to hammer home the constitutional standards that we live by in this country that you are innocent until proven guilty. >> how many times in a jury room does somebody haul off and say i wanted to hear from the defendant. i'm not sure i can believe her story, unless i heard from her. that happens doesn't it? >> don't most jurors, know if they were accused of such a heinous, horrible crime and they were innocent nothing could keep them from the stand. >> i've spoken to hundreds of jurors after trials. of course that goes through their mind. >> gregg: who is going to give the better closing? >> the prosecutor, absolutely. >> prosecutor. >> thank you. >> gregg: lis wiehl, david schwartz, thank you both. love to hear your closing arguments. >> we'll give it to you. >> heather: minnesota congresswoman michelle bachmann making a claim about the president's health care law. we are fact checking it. we'll have that result, next.

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>> heather: new evidence leading to an arrest that shocked the nation. in 1957, 7-year-old rita was abducted from a neighbor's yard in illinois. five months later her body was found and the murder was never solved until the case was reopened and it turned up new evidence. unused train ticket tearing down the story of a prime suspect leading to the arrest of 71-year-old jack daniels mccullough in seattle. the suspect awaiting extradition to illinois to stand trial. >> minnesota congresswoman michelle bachmann kicking off a bus tour across iowa today. her first as a candidate for president of the united states. last night bachmann was here on fox news appearing on

hannity. she had this to say while laying out her push to repeal president obama's health care law. >> if you look at the rasmussen polling, from the time obamacare passed march 23rd, 2010 until today, there hasn't been one week that less than a majority of americans have wanted to see us get rid of that awful government takeover of health care. >> a pretty specific claim. we thought we would do a little fact-checking and ask the man behind those numbers if in fact it is true? scott rasmussen president of rasmussen reports joins us with more. is the congresswoman correct in what she said? >> almost. we polled more than 60 times every week. every week but one a majority fast favored repeal. one week it didn't in april of this year 47% favored repeal. 42% were opposed. >> gregg: scott, want to talk to you about religion and whether or not that influences

voters. jon huntsman, mit romney both mormons, there have been articles written that maybe people will have pause about that. what did you find? >> 10% voters nationwide say they would vote specifically based on a candidates religion. we asked in different ways, 19% say it is a very important consideration. but one of many. the issue for jon huntsman or mitt romney will not be about their faith. if romney is in the primary his biggest challenge will be explaining his health care law in a general election barack obama, they are not going to -- most voters are not going to be doing a faith comparison, they are going to be doing an issues comparison. >> heather: from those seeking office to those currently in office, how do folks feel about them? we go the budget battle, the debt ceiling battle, what about their rating? >> congressional leaders are

never terribly popular. right now the republican leaders in the house and senate are viewedness negatively than the democratic leaders. partly because nancy pelosi is better known than john boehner. partly because democrats are struggling a bit to convince voters they are serious about cutting spending. voters are worried about the debt ceiling, 70% think it would be bad if we fall. 56% say it would be worse if -- if we default. 56 a it would be worse if we don't cut spending. >> gregg: that's steam document, people still whole it in high regard and agree with it? >> absolutely 66% say governments derive their only just authority from the consent of the governed. nearly 8 in 10 say that all men are created equal. men agree with that more than women.

part of that disconnect may be they would like to see all people, all americans however you want to phrase it. strong support. most of all, 90% agree we are all endowed by our creator were certain inalienable rights. that is what makes america exceptional. we have rights we don't get them from government. >> gregg: scott rasmussen couldn't have said it any better. thank you so much for being with us. happy independence day, happy 4th of july. >> heather: wearing the red tie there, great way to end it. being 4th of july weekend. >> gregg: very eloquent man, nicely put. glad he did those polls. we hope you have a terrific and save 4th of july. that is going to do it for us. we >> heather: we will see you tomorrow at 4 p.m. eastern,

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