important remainder that there is still a long road ahead, legally, emotionally. there are so many sides to this story. jon: ten years to maybe get all the answers. thank you for joining us. jenna: "america live" starts right now. megyn: we are get reports of a possible deal in the works as congress races against a deadline to cut federal spending. will this be a real deal or more like smoke and mirrors? welcome to "america live," everyone, i'm megyn kelly. since the congressional super committee was formed to cut spending just three months ago washington has added $398 billion to the debt you and i owe. in fact they've been running up our debt by $3.8 billion a day, that's $2.6 million a minute. this year we double the nation's budgetary spending as compared with the year 2000. the treasury department says our national department is

$14,979,610,349,742, and don't forget the 69-cents. chris stirewalt is our fox news digital politicsed tore. politics editor. over in washington they are looking at a 1.2 trillion in shavings, irwon't even call it savings. what do we know? do we believe they are going to come up with a deal? now they are saying it's not so much going to be a success as a partial failure which then they can call it a success. >> reporter: i've got the 69-cents right here. you guys will have tow handle the other 14 trillion. jenna: you're too kind. >> reporter: partial success, partial failure, in washington definition success is getting reelected and that really is what this all comes down to. these guys are all trying to save their jobs. we are facing what is going to be one of the most caustic,

brutal election cycles in memory, and here we go. they want to get out of this thing. the most important thing, whether it's for the 12 members of the super committee themselves, or harry reid and john boehner getting ready to huddle on this issue for the leadership and both parties is to get over with this. get done with this. it's not about the size of the cuts. long ago people gave up hopes that we would see some sort of huge deal that would change the fiscal trajectory of the country. the goal here is now is get out of the jail that they built for themselves when they skipped out on half the work from the debt ceiling deal in august and put it on the super committee. jenna: what is the likelihood? are they going to raise taxes? are they going to cut spending? >> reporter: well, remember we haven't yet cut spending. we've cut the rate of increase in future spending. that is not the same as cutting spending. jenna: i'm still going to go to sach's but i'm not going to get the jimmy cho organizations, not

the fancy stuff and the strappy sandals and that counts at the super committee as savings. >> reporter: you've agreed to only spend 50% more next month. jenna: i wish i could sell this math to my husband. >> reporter: it works here in washington, any way. so, yes there are probably another trillion 800 million to a trillion dollars of those kinds of cuts, quote unquote cuts that when you add in things like note spending money in afghanistan in iraq, even small things, like how much money the federal government gets for auctioning off broadband at fcc, all that kind of stuff you put it in and you can get to a number. you're still short but you can get pretty close. jenna: so what does that mean? if they do that, if they do some smoke and mirrors and get to some number that looks like 1.2 trillion do you believe that that is the likely outcome here because there are all sorts of, you know -- there's all sorts of push back about the mandatory spending cuts that would go into effect if this committee fails,

in particular the $600 billion in defense spending that would have to go. >> reporter: they have devised new smoke and mirrors which doubles the punt where you empower exiting committees to deal wh the back of it and you get three-quarters of the way there and you say you promise later we're going to resolve this issue and everybody can flee from town and go home for christmas. jenna: and people wonder why congress has a 9% approval rating. who are those 9%? who? who. >> reporter: john mccain says blood relatives and staffers. jenna: i think the man has a point. thank you. chris thank you. >> reporter: thank you. jenna: two hours ago the head of the congressional budget office told congress that unemployment is likely to stay above 9% through next year's presidential election. the cbo says that it is mostly due to weakness in the demand for good and services, but problems in the labor market are also to blame. the budget crunchers say there

is a significance mitch match between requirements for existing jobs and the qualifications of the job speakers. fox news alert now in less than 15 minutes on capitol hill a group of republican lawmakers will call for more transparency from attorney general eric holder and his justice department. as that news happens we will bring it to you. this is almost 40 members of congress today that have called on mr. holder to resign over operation fast and furious. many of them also the people that will come out to this lectern momentarily. fast and furious put weapons in the hands of mexican drug cartels. alternate least one of these weapons was found at the scene of a shootout that resulted in the death of u.s. border patrol agent brian terry who was also an iraq war veteran. we will go to washington as the press conference takes place. there are big changes for a oil pipeline project that promises thousands of skwroebs and million kwropbs of barrels of oil from a friendly ally.

it was slated to run from western canada. canada is the canadian company behind it, to the gulf of mexico. environmentalists kphraeupbld and farmess in the midwest that the section crossing nebraska was threatening a clean water source. last week the white house decided to delay any pronouncement on the problem for more than a yore while they continued further review. late yesterday the pipeline folks in canada agreed to reroute the pipeline presume lee hoping that would speed the process along. that move hailed biopoepb events of the project. >> i think it's a huge victory for the citizens of nebraska that the oil pipeline will not be built in the sand hills. we want a regular process in place for future oil pipelines to make sure that nobody is above the law. jenna: all right, so does that mean that the pipeline is now going to be built? will those 20,000 estimated jobs

now be created? carl payne is with me, he's author of be smart, act fast get rich and a tv host. the whole problem was the pipeline was going to come in. it was going to endanger the aquafer. the canadian company said we will reroute it away from the aquafer, may we go forward and the state department said what. >> reporter: they said not so fast. hold your horses everybody. you had the special gathering of the nebraska legislature. you had a republican governor is on this. you have ben nelson on board. he has talked about all the jobs now that can be created in nebraska as the sound byte showed, the sand hills part, they are going to avoid that and go to another spot where there are 200 feet of clay soil, things that would absorb any leaks that might occur.

but this is not making environment ta lis happy and the state department today suggesting, you know what, we're still going to drag our feet on this thing and the best case scenario maybe first quarter of 2013. jenna: wait, the state department had delayed it until after the presidential election. the canadian prime minister said they did that because of politics. this is the political season in washington, canadians trust me here. the state department said look, we're going to postpone it until after the election. we have to study the alternate route, or study the routes that this can come down now. the canadian company is now saying, forget it we will go away from the aquafer, so what is the state department going to study now? >> reporter: they are going to study the same thing. they say even the alternate routes need to be transparent, rigorous, tested. we are talking about three years of evaluation that is going into all of this already. i mean this is just clearly,

clearly a stall tactic, and i think it's going to backfire. the alberto premiere was in washington yesterday speaking to the state department and representatives on the hill and said -- and backing up with the prime minister of canada had to say with with respect to we may have to ship in project to china. we really don't wanted to we put a billion dollars into this. it cost us a billion dollars a day. we have a tremendous relationship with america. but i done think they'll go for this being stalled to 2013. jenna: fit is true that it's political, is that how much power the environmentalists have over the white house or the administration? it's the labor unions on the other side and they are big democratic donors and they want this. they believe it will create jobs. are the environmentalists so powerful that they can even deafen the voices of the labor eun kwros eufrpblgts think so. the pecking order that i've seen

that revolve around economics. it's been number one environment ta lis. unions come after environment ta lis on every key important decision. a wrinkle no one has talked about this administration has been tough with state's rights. the idea that nebraska would go through and come to a resolution on their own it might not sit to well with an administration that goes to war with arizona over their immigration policies. this is an administration that really puts its hands into states rights issues too. let's not ignore that possible possibility as well. jenna: well, we'll continue to follow it. charles payne, thank you, sir. troubling new news. an apparent change of story from assistant coach mike mccreary. he sailed he witnessed sexual abuse by jerry sandusky. what he's now saying three minutes away.

he's been climbing in the polls for weeks. now newt gingrich looking very presidential. our panel will look at how he stacks up against president obama. could newt beat president obama? we'll talk about that 20 minutes away. occupy wall street, getting the boot from zuccotti park in lower manhattan. now new york city may have a legal battle on its hand. >> no right is absolute, and with every right comes responsibility. the first amendment gives every new yorker the right to speak out, but it does not give anyone the right to sleep in a park or otherwise take it over to the exclusion of others, nor does it permit anyone in our society to live outside the law. wanna know the difference between a trader and an elite trader? it's this... the etrade pro platform. finds top performing stocks -- in three clicks. quickly scans the market for new trading ideas. got it? get it. good. introducing new etrade pro elite.

jenna: moments from right now on capitol hill we will see a news conference from the republican law makers who are calling for attorney general eric holder to resign. we are told they will be calling for more transparency from this

justice department over how the doj handled the botched gun running sting known as fast and furious. they may also up the stakes for mr. holder to step down. we will go there live as the the news breaks. a new twist today in the sex-abuse scandal rocking penn state. mike mccreary the then graduate assistant, now assistant coach who told a grand jury that he witnessed coach jerry sandusky sexually abusing a boy back in 2002 but they ever called police appears now to be changing his story. in an email to former teammates last night, this is obtained by nbc news. he writes, i did the write thing, the truth is not out there fully. i didn't just turn and run, i made sure it stopped. but is that consistent with what he told the grand jury? senior writer at sports illustrated lars anderson is my guest. thank you so much for being here. obviously this case is about

sandusky and his behavior, and to a lesser extent the behavior of the coaches who are alleged to have covered it up. but this guy falls within the mix, because while he did testify for the state in front ever the grand jury there is a real question about whether he stopped the rape of a ten-year-old boy when he witnessed it. the grand jury indictment seems to suggest, lars, that he did not, and yet his email says otherwise. what do we know? >> well that is the right word you just used, suggest. the grand jury report is just that, a report. it does not include the full transcript of ma mccreary said to the grand jury. it does appear there is a contradiction there. until we get a chance to read the full transcript of what he said to the grand jury it's impossible to exactly pinpoint whether or not there is a contradiction. jenna: i have the grand jury indictment in front of me and they talk about how he witnessed what was clearly a rape in progress. there was no ambiguity according

to the indictment, it was clear what he saw. then they write, the graduate assistant, meaning mccreary was shocked but noticed that both the victim and sandusky saw him. the graduate assistant left immediately, distraught. he then went to hits office and called his father reporting to him and his dad told him to wind up telling paterno. it says the graduate assistant saw it and left immediately distraught. i submit to you, lars that it would have been a critical detail to omit that the graduate assistant when leaving immediately stopped the rape. >> i agree with you a hundred percent. you need to look at the full transcript of what he toll the grand jury. it appears that there is a continue vicks there. if there is he'll be subject to a perjury charge. i think we have to wait and see how it plays out. jenna: this has been a major question among our viewers who have emailed about what kind of

a person would not stop the rape of a child. obviously if he had seen an attempted murder he would have stepped in we'd like to think, so why not this? there is a question, even if he tried to stop it, why this guy, mccreary did not go to the police. he told his coach, but he didn't tell the cops. is that resolved in any way? did he speak in any way to that in the email that nbc received. >> not that i remember. you have to remember the context of who mike mrcreary is. he's a kid from state college. grew up i'd doe liesing sandusky and paterno. he didn't know exactly what to do at that time. i think most of us would like to think that we would have gone to the police, alerted authorities, but he felt it was the right thing to, you know, go and alert joe paterno the next morning with his father with him. jenna: lars, are we splitting hairs? are we splitting hairs? let me ask you. even if you believe his email, right that i didn't just turn and run, i made sure it stopped,

where was the call to the police? where was the, get your hands-off that child, and you are not leaving my sight until the police get here? >> there is more questions than answers right now, megyn, and thinks just going to have play out. and mccreary is doing something far smarter than sandusky, in that he's being quiet and not giving interviews. last night sandusky came off not very well in his interview with bob costas. i was late amazed that his attorney would allow him to be filleted by costas on national television. jenna: i wanted our viewers to hear a little bit about that. we'll hear that in the next hour. this is a sampling of the phone interview that sandusky gave to a dogged bob costas. watch this. >> mr. sandusky there is a 40-count indictment. the grand jury report contains specific details. there are multiple accusers and eyewitnesses to various aspects

of the abuse, a reasonable person says, where there is this much smoke there must be plenty of fire. what do you say? >> i say that i am innocent of those charges. >> innocent? completely innocent and falsely accused in every aspect? >> well, i could say that, you know, i have done some of those things. i have horsed around with kids. i have showered after workouts. i have hugged them, and i have touched their leg, without intent of sexual contact. jenna: lars, it's as if he doesn't even realize how bad that sounds. >> i agree with you completely. maybe the one thing that his attorney was thinking, and this came across later on in the interview, was his attorney said that he has one of the alleged victims saying that this didn't actually happen. so it could be scare tactics to try to get other victims from

preventing them from coming forward. jenna: how many victims do we have now? >> the number right now, i've heard numbers as high as potentially 20, but i think right now it's just -- it's just eight that are included in the indictment. megyn: unbelievable. lars anderson thank you so much for coming on. we appreciate your perspective as always, sir. >> thank you. jenna: police in wall street protestors in a new york city showdown. we'll show you what the protestors are saying they are going to do after an overnight raid at the park where it all began. they were finally kicked out. they are not happy about it. new controversy? the search for baby lisa in moir. the parents moving back into the family home which has been treated as a crime scene for the last weeks. the mother says she never wanted to do it, she considers it the omen house. judge alex ferrer joins us.

this landslide in california could be the start of something bigger and more dangerous next. look at that. >> everybody knew going into buying a house on the cliff, you know, there are going to be chances where that is going to happen. you kind of know going into it. [ male announcer ] how do you trade? with scottrader streaming quotes, any way you want. fully customize it for your trading process -- from thought to trade, on every screen. and all in real time. which makes it just like having your own trading floor, right at your fingertips. [ rodger ] at scottrade, seven dollar trades are just the start. try our easy-to-use scottrader streaming quotes. it's another reason more investors are saying... [ all ] i'm with scottrade.

megyn: showdown in new york right now after occupy wall street protestors get the boot from zuccotti park. the big apple growing a number of cities coast to coast telling occupied protestors the party is over. 70 people were arrested in early morning raids today. we have live pictures from the park now. mayor bloomberg says the city needs to allow cleaning crews to do their jobs. he says there have been serious sanitary problems down in the park. in the last few hours protestors have returned, and this time they have a court order with

them. they've been told that they can come back but they are not supposed to come back with sleeping bags and tents and so on. they are not happy about that. we'll keep tracking the face off and bring you the news as it happens. new developments today in the search for missing baby lisa irwin in missouri. her parents have been out of their home since the night they reported the baby missing. today they are going back for the first time, and they are planning on staying. but after weeks of crime scene investigations at the home many are wondering what this might mean for the case. trace gallagher live in l.a. with more. trace, no matter how you look at it the house is a crime scene. >> reporter: yeah, and for 43 days, megyn it had the f.b.i. and police in there conducting searches. they had cadaver dogs in there. one dog got a hit on a deceased human being. that didn't pan out. the police in kansas city said they are done with the house and the parents are free to go back

in there. if they get new evidence they may seek ot search warrant and try to go back in and look inside that house again. as deb bradley and jeremy irwin move inside the house again they have another issue. the biological mother of the 8-year-old has filed an emergency petition for her son, she is worried about her son's safety, comfort and peace of mind. the biological mom lost custody of blake back in 2008. when we were talking to the cops we were so much focused on that mysterious phone call made from deb bradley's missing cellphone around midnight on the night that baby lisa went missing. well cops aren't focusing on that as much. what they are focusing on now and have been for the past couple of weeks is interviewing those two right there, jeremy irwin and deb brad leave. they still say they refuse to sit down and answer vital questions that only they can answer, but they are moving back into the house that she vowed

not to move back into, megyn. megyn: she said she considered it the omen house, although the father said he did want to move back in. so we'll continue to follow it. trace, thank you. the nor"the new york times" suggesting that a tough new immigration law in alabama is racist and they are comparing is to the bad days of the civil rights battles in the south. the alabama governor is not happy, an is here live to respond. and he's polished on foreign policy, the economy and domestic issues across the board, but how does newt gingrich stack up against president obama? and what if the election were between those two men? >> newt gingrich definitely adds a level to the conversation in these debates. i mean his resume shows that he has experience in many of these issues, something that some of the other republicans in the field don't. >> do you worry about him debating barack obama.

>> i'd prefer rick perry of course, i think that would go better. mine was earned over the south pacific in 1943. vietnam, 1967. i got mine in iraq, 2003. u.s.a.a. autonsurance is often handed down from generation to generation, because it offers a superior level of protection and because u.s.a.a.'s commitment to serve the military, veterans, and their families

is without equal. ben your lega. get an auto insurance quote. u.s.a.a. we know what it means to serve.

♪ in her eyes... the world is never too big.

megyn: fox news alert. we have been following a house news conference, well members of the house, on eric holder and his connection to this operation fast and furious scandal. a group of republican lawmakers are demanding more transparency from the attorney general and the department of justice when it comes to the botched gun-running operation that put guns in the hands of some very bad people down in mexico, at

least one of which was used to kill an american border patrol agent. mr. holder spoke to lawmakers last week, so what exactly did these lawmakers want from mr. holder? why are they again coming out and speaking about the attorney general? we are going to listen to just a little bit of this. this is a congressman speaking in a sound byte we have right here from moments ago. >> i think attorney general eric holder should resign. as all of you know the attorney general of the united states is the highest law enforcement official in the land. as such he has an obligation to proceed tried truthful and accurate testimony to congress. when attorney general eric holder testified before congress on may 3rd that he had learned about operation fast and furious only a few weeks earlier his statements were either untrue or deliberately misleading. megyn: we will continue to monitor this and bring you the news as it continues to come in. at 2:30 we will have our panel back, jay and julian to discuss

what this latest news conference means and whether the pressure is now mounting to the point where the department of justice, or the white house need to respond to these increasing calls for the attorney general to resign. he's always said this he's the tortoise in this race, and now newt gingrich is zooming to the top teurbgs er o tiers of the republican presidential race. that gives rise to questions on how he might do in a battle against president obama. christopher hahn is joining me, and chris plant who is host of the chris plant show. that is the question, i guess it's two questions. number one, could he actually win this republican race to become the nominee, and number two if he did, if he did, christopher hahn, could he beat your guy, barack obama? >> you know there are two things you don't want to have going into a presidential debate, one

is a long record, and two is high expectations, and newt gingrich goes in with both of those things. let my talk about the nomination first. he has a lot of problems there. i do see him winning iowa, he will be the choice there. he could have problems with a lot of voters because of hispanic tree, politically and his marital problems he'd had that were documented over the years, we don't have to revisit him. he is the father of the individual mandate. he proposed that when he was in the house of representatives. that is the basis for both romney care and what became obamacare. he's got to explaining to do some conservatives. i don't know that he can handle that. megyn: he inherited as he pointed out in the debate. chris plant there was an interesting flier put out today that took a shot at newt gingrich in iowa. it's put out a group called io wants for christian leaders in government. they were sliding it under the tkaofrs different hotel rooms, apparently trying to reach the

media. they were taking issue with the fact that he's been married three times, in the first two marriages he cheated on his wives and according to them left him, that was true in one case while she was recovering from cancer. can he get past that? >> i do think that he can. in fact he was on the panel on bret baier's show and declared that that story is essentially false. you'll have to address this. this will have to be about the politics of personal disstruck. these what they have on newt gingrich. they have to go after him personally and his personal history. megyn: let me stop you. is it not relevant? if he's married three times and left the first two wives after cheating is that not relevant to this race? >> sure it's relative in politics if you have a history like that. he'll have to do some explaining, i don't doubt that. whether it's conservatives supporting mitt romney or newt gingrich i think gingrich will

be in good stead. if he squares off against president obama he'll do very, very well. he'll outclass him on every level. newt gingrich is a very, very capable man and politician. he has a very powerful intellect. he has nine books, they are not all about himself unlike the president of the united states and i think he'll square off very, very well. here is a guy who worked across the aisle when he was speaker of the house with president clinton in balancing the bulge jet. those are two characteristics that will go a very long day. megyn: do you think the gop voters or even the independents out there will be willing to look past some of newt gingrich's baggage because they think he'll do a better job in governing the country than president obama. >> there has to be a separation between the family conserves teufs and fiscal conservatives. the family value conservatives are not going to support newt gingrich. megyn: will they support president obama instead of gingrich. >> we're talking about primary voters.

i think in a general election his marital fidelity has very little weight. in a republican primary it has a great deal of weight and it's going to drag him down. remember, he cheated on his wife with a staffer while he was accusing the president of the united states of doing the same thing. i think it's a very tough hurdle for him to get over and i think many christian conservatives are going to say listen, mitt romney for all intents and purposes has a great deal of high family values and has held him out out to a high moral standard and newt gingrich has not. megyn: herman cain went down in the polls as he's been attacked for the sexual harassment incidents. gingrich has been open about admitting to these marital infidelities. he spoke to it on fox & friends. he says look, i made a lot of mistakes in my life and i tried to learn from them. but the narrative doesn't seem to be hurting them. it does seem to be hurting cain. i mean it's not totally related. >> megyn you made an important point. i'm going to have to agree with

chris, this is kind of unusual. i think that chris makes a good point that in the primaries this is going to potentially at least hurt newt beginning pitch. an newt gingrich. and there is a bit of a dilemma for family value voters. i think in a general election newt gingrich would outclass barack obama on every level and out score barack obama with the general election threat. >> thank on, hang on this is the party of bill clinton, john edwards and eliot spitzer going after newt gingrich on values. >> they are not going to go after him on values, they are going after him on his records. he goes in with very high expectations. when he starts to stumble those high expectations work double against him. megyn: as a democrat do you worry about -- you've seen a debate in which gingrich goes up against obama. >> no i don't. he's had so many positions in his record over the years that his own words can be used against him very effectively and take him apart. i think that is his biggest problem. we are going to remember he's

one of the most devisive figures in american political history. that will come back to haunt him. megyn: chris plant i'll give you the last word. >> oh, boy u know i think that was probably true before barack obama came to town and after the violence that we're going to see from the occupy wall street people after they recongeal around the election next year and on the lead up to election day now i think barack obama is so much more devisive than newt gingrich. >> you think that, but the american people don't agree with you. >> we'll see about that. megyn: right now just so the viewers know the latest rasmussen polls in a head-to-head match up put obama at 50%, gingrich at 38. >> there you go, right now. >> game on, that's all i have to say. >> that's for sure. megyn: all right guys. thank you. coming up next missing baby lisa irwin in missouri has two half brothers. her father's child is now finding himself at the center of a custody dispute. why lisa i irwin's father is

now being challenged over the custody of his son. it is directly related to this case. judge aleubgs is her alex is necessary. one college professor took a flame thrower to the notion of supporting troops even if they don't support the war. some are fuming. she is 82 years old. they found out the hard way that granny has plenty of gas left in the tank. >> i said to them, you're taoupd u can't do this. and that was it. taoupd, you can' stupid, you can't do this. i'm like his great grandmother. is he going to knock his great grandmother down? not if i'm alive. strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8. constated? phillips' caplet use gnesium,

an ingredient that works more naturally wityour colon than stimulant xatives, for fective reli of constipation without cramps. thanks. [ professor ] good morning students. today, we're gonna...

megyn: a new twist today in the saga surrounding missing missouri baby lisa irwin. lisa's father has one other child, and her mother has one other child. the father has an 8-year-old, the mother has a 6-year-old. so these are half brothers to baby lisa. both were sleeping in the home

the night lisa vanished. now the biological mother of the older boy, the 8-year-old, has filed an emergency motion seeking custody of her son, saying she's concerned for his safety and wants him back after she lost custody in 2008. judge alex ferrer is the host of the judge alex show and he's here with me on set. thanks so much for being here. >> thanks for having me. megyn: this woman lost custody and was out of the picture. now here we are three years later. is this an open per tun opportunistic move? >> coming in and saying, i'm afraid of my childrens sav safety now that this has happened, first of all the judge is going to clearly look at reason why she was precluded from being the custodial parent back then. megyn: she had no access really to the child for all these years. >> you have to have some evidence.

there is a lot of suspicion around the paorpbts. i'm one of the most suspicion of the parents even though all this other evidence is mounting there are still a lot of unanswered questions. you have to have more than suspicion to say we are going to take your children away from you. megyn: she can't go into court and say, i think one of them is involved in the baby's disappearance. she can go in and talk about the interview she made with me. she had ten glasses of wine. she may have blacked out. she was the sole caregiver of three children that night, including a baby. >> there has to be something more serious been to tak take the child away from the mother. it opens the door if the judge says i want an evidentiary hearing, deborah bradley will have to testify about what happened that night and the police will be listening very closely.

megyn: couldn't she decline to do that on her fifth amendment rights. >> of course she could. but that yells, i have something to mind. that doesn't help you in the custodial hearing. >> is there any way that the police would be pushing this wife, this former wife of jeremy irwin to do this. so that the testimony from the parents could be compelled or solicited in the custody case in. >> no, i don't see that happening. i mean that would be very clever but it's a -- there are a lot of links in that chain before you get a judge to say i want to have an evidentiary hearing. they have much stronger leads to follow than to create this leave. megyn: the cops don't normally act that way, but who knows. let me ask you about the news that came out on our show on friday. the lawyer for the family came out and told "america live" that, number one yes indeed as we had earlier reported there was an 11:57 p.m. attempted phone call from deborah bradley phone to the phone of in megan wright. they said never before had that number been dialed by deborah or

jeremy. they have no connection to megan wright. megan wright confirms that. take it for what it's worth. they tell us at 3:17, and 3:22am attempted phone calls were made to try to check deborah's voice mail on the phone, all this when the phone has never left a one-third of a mile, one fifth of a mile radius much their home. mark fuhrman came on and said it increases the suspicion on them, where do you fall. >> i agree with fuhrman on that one. i don't see how it helps. who other than the mother or the owner of the phone would be checking her voice mail? she would be the one who would know what is likely to be on her voice mail, that's number one. number two, somebody who takes a child is not going to linger around the area where they took the child for hours, in order to do what? that doesn't make any sense. the call itself is very suspicious. there are a lot of unanswered questions that spin from that including the very questionable calls to the voice mail.

the police have said that there is apparently a suspect this guy named dane, not a suspect. megyn: not a suspect. >> a person of interest. he is minimally relevant, they'd still like to talk to him. i believe that is garbage. i believe this is critical. this is a guy who reportedly had megan wao*eut's phone and would have been the recipient of the phone. there is no way the police can tell you that is minimally relevant. megyn: they say the phone service was restricted, that it couldn't go out. verizon we're told would even have a record even if you tried to call and you got a message that it was restricted because you didn't pay your bill. >> i've never seen you a situation where they give ahh 50 second time slot. typically the measurement starts when the call connects then have you a 50 seconds. even if the phone were ringing they don't usually measure it. that would indicate to me the phone call was answered. if this guy is the one who answered it, that would be very important because he could link you to the person who made the call. megyn: who was making the call.

>> that is a critical aspect of the case. megyn: one of the strangess things to me is the lawyer said the f.b.i. laid it all out in the power presentation, these are the attempted calls and times. they didn't say anything about jeremy irwin's cellphone. under the parents' theory an intruder comes in steals the phones and baby. you attempt a call it doesn't go through. you use the other one. who won't try the other one? a person who knew that they were linked to the same bill and there was no point to try jeremy irwin's phone. >> what the lawyer says these calls absolve his client of responsibility, i completely disagree. no matter how you look at calls at best they are neutral as far as the mother's responsibility. they certainly don't absolve her of responsibility. megyn: i'm socon futures ned thisocon fuse ned this case. we have more questions than answers. thank you for helping us sort us 0 out. megyn: i'm there but we are not getting a lot closer. a tough new immigration law they

say is racist in alabama. they are comparing it to the civil rights battles in the deep south. the alabama governor is very upset about this. he's new live 20 minutes away. new dustup about the former penn state coach jerry sandusky. we'll update you.

megyn: outrage over an email from a law professor at suffolk university in massachusetts. he says sending care packages to our troops is sinful and he calls you're troops killers. >> this is an email getting international reaction now. michael avery who is a law professor says in fact he's getting reaction from across the globe. the latest one is massachusetts senator scott brown who has now weighed in, scott brown saying that the statement he made was

sad. he said, i wish professor avery could witness for himself the joy that a small gift can bring to a soldier especially around the holidays. brown just got back from afghanistan. this is all in response to an email that was sent out organizing a care package drive for u.s. troops. avery sent the email saying, quote, i think it's shameful that it is perceived as legitimate to solicit an academic institution for support for men and women who have gone overseas to kill other human beings. well suffolk law school has weighed in responding both avery's right to free speech as well as the military. they are saying, quote, along with our support of freedom of expression, suffolk university has a long and proud history of supporting our men and women who have served their country in the armed forces through many programs and community outreach. law school students were not being nearly as diplomatic, listen. >> personally i very much

disagreed with the sentiment that was express ned tha expressed in that email. that is abg dam is academia for you. >> they need and appreciate what we are sending. if anything he really just discredited himself. >> professor avery's job by the way is not in jeopardy. he continues to teach constitutional law at suffolk university, megyn. megyn: thank you. during her confirmation hearings for the u.s. supreme court justice elena kagan said she was never asked her opinions about the overhaul of healthcare, at least the litigation over it, the constitutionality of it. new emails may suggest something different. should she be allowed to rule on this case when it reaches the high court? one of the key attorneys general in that case is here live. plus, we're about to talk to alabama governor robert bentley after his state's new

immigration law was compared to the jim crow laws of the civil rights era, "the new york times" calling it racist. he responds. 23million people set to fly the friendly skies this thanksgiving holiday, some big changes coming. the nearly 12 million cancer survivors in america today... and the countless lives lost. we owe it to them to protect funding for cancer research, prevention and access to care. congress, make cancer a priority and give millions of americans what they need most.

megyn: new calls for attorney general eric holder to step down. republican lawmakers gathering a short time ago to say mr. holder has lost full credibility ames hot telling the truth -- and is not telling the truth about the botched gun running scheme known as "operation fast & furious." republican lawmakers upping the ante in a news conference a half-hour ago. >> attorney general eric holder cannot avoid responsibility for his involvement with a government program that directly led to the tragic death of a decorated border patrol agent. mr. holder has now lost credibility and should step down

immediately. >> we have got to get to the bottom of this. we have to have cooperation from the justice department and all agencies as we do oversight. mr. holder, tell us what you knew, tell us who else knew, do the right thing and take responsibility for the actions you authorized. megyn: take responsibility it is a theme we have heard many times from both republican critics of mr. holder as well as the family of brian terry, the murdered border patrol agent who is said to have been killed by drug smugglers reportedly using guns from operation fast and furious. we are learn being brand-new memos extent within the department of justice that show when officials knew about this botched gun running scheme and its connection to the murder of that border agent brian terry. william lajeunesse joins us live from los angeles.

william? >> reporter: we heard embarrassing, travesty, a black eye. this is republicans keeping the pressure on as the investigation we are told is slowing down as congressional sources say the department of justice is stalling and starving investigators on document and interviews they need to answer who in washington knew what and when. >> the purpose of today's event is to demand that the department of justice and the attorney general holder do the following. first, stop politicizing this operation. the victims of this firearms knows this is not a have you can or democratic problem. this is a problem the nation is fighting. >> when you have the privilege of leading the department of justice there is no excuse for not knowing what is going on, especially when it relates to something as controversial and dangerous as "operation fast & furious." but ultimately the buck stops with the president of the united

states. i think it's time for the president to ask mr. holder to resign. >> reporter: 39 lawmakers have called on holder to resign as has the national rifle association. but many believe the strategy is to drag this out until march. over the last 10 months i have spoke on a lot of atf agents, currents and form, field agents and supervisors. they say the would be impossible for anyone who saw an atf briefing in march of 2010, attended by top justice and atf officials, to not know exactly what was happening. if you were briefed weekly or saw those weekly updates, any experienced prosecutor would not conclude that the agency was allowing the hundreds of guns going to mexico, even if the memos did not say the guns were

lost. but the attorney general says he did not know which is why i want to you look at this memo dated december 17, 2010. two days after brian terry was killed. an assistant u.s. attorney in texas writes, quotes, maybe they should start repairing their explanation for the way they conducted their straw purchases. here you have got a u.s. attorney in texas issuing a subpoena to two atf agents in phoenix. he knows that they are connected to the murder of agent brian terry just days after, yet no one at justice claims they knew it months later when they saw it on television. back to you. megyn: thank you. coming up later in the hour, our panel looks into what these republicans really want from the

attorney general that they have not yet gotten. they are calling for a response. they want a response from the doj and the white house on these growing calls for the attorney general to step down. that's coming up 25 minutes away. fox news alert we are awaiting a news conference from the so-called go big coalition. the collection of law makers from both sides of the aisle urging the debt super committee to go big and pass a major deal that has tax increases and big cuts in spending. this comes as we are now a little more and a week away from the deadline from that super committee to come up with a deal that would rein in spending and help solve a small part of the debt crisis. brand-new poll from iowa, the state that hold the first in the nation's caucus 7 week from today. it shows a four-way tie for first place.

herman cain, mitt romney, newt gingrich and ron paul. the poll surveying likely gom caucus-goers just last week. this new controversy today over the supreme court's decision to take up the president's massive healthcare overhaul. the center piece of his domestic agenda it appears all nine of the justices plan on sitting on and hearing this case. but there are questions being raised about justice alen sarks kagan. during her confirmation hearing she says she was never asked to give her opinion on the merits of the healthcare legislation. she argued cases before the supreme court. but newly released emails show

she did seem to back the law while she was solicitor general on a day it was under consideration in congress, she wrote to her colleague in the justice department, quote, i hear they have the votes, larry. two exclamation points. simply amazing. pam bondi is the florida attorney general and she is one of the key players in this case who was happy her case is going to be decided by the u.s. supreme court. pam, thank you so much for being here. i want to get to the merits of this legislation and the big news that the supreme court take up your case. these document were sought after a freedom of information act request. now we see justice kay -- justice kagan was not enthusiastic about the bill. do these emails disturb you? >> i along with 25 of my counterparts have one of the biggest cases in our history

before the united states supreme court. and you and i know ultimately it's up to justice kagan whether she chooses to recuse herself. so she is part of the highest court in the land, and we believe that all the justices will do the right thing. and if they feel they can be objective and hear this case then they should do so. but that's got to be their decision. we are gratified the people court agreed with us and took this case as soon as possible. megyn: i'm going to get to that next. do you feel the same about justices scalia and thomas who attended a dinner sponsored by a law firm scheduled to argue before the court on the side of those on 'side basically and also justice thomas as a wife who has been vocal in her opposition to the healthcare law. do you feel the same about them? >> we have a case pending before these justices and they are going to do the right thing.

it's the highest court in the land. if they feel they have a conflict they will recuse themselves. if not they will remain on the case and do the right thing. megyn: as the lawyer who may wind up arguing before the supreme court you are a smart woman to word your answers the way you did. you don't want to be too hard on the justices. this is a huge litigation. we are talking 1/6 of the nation's economy. i know folks on your side of the aisle. we have seen cases all over the country challenging this law and the individual mandate. those opposed to the healthcare law were all rooting for the court to take your case in particular, the case that had worked its way through florida and the 11th circuit coast appeals. why is it good for your side the justices have chosen to review this case? >> we have the most comprehensive opinion right now in the country. we have 26 states, we have the

national federation of independent business, and we have two individual plaintiffs. we also have a bipartisan opinion that was issued by a judge appointed by president clinton and a judge appointed by president bush. i'm sure you read it. it reads like a legal treatise. it says the healthcare law is unconstitutional. and by the way, i'm smart enough to know that paul clement should be arguing the case for us. he's one of the best supreme court practitioners if not the best in the country. paul will be arguing the case for all of us in the united states supreme court and we'll be sitting right there with him. megyn: he's also a former solicitor general. let's talk about what could play into this. you did well in the lower courts. the florida case, the challenges, you won all the way. you want the same result at the u.s. supreme court. but other jurisdictions oh own

don't this healthcare law have not done as well. including last week a very bad decision for your side by a conservative couple of justice hospital came out of george h.w. bush appointee who came out and said this thing is completely legit. governments are allowed to do this. and he's not only one who so concluded. how do the opinions that have come down in favor of the obama administration play into your case in which the opponents won? >> they don't. their cases aren't before the supreme court and ours are. but you are referring to judge silverman. what he said was it's his view consider if his view is correct, the federal government can force to us do anything. and we are confident that his view is not correct. we are confident that our ruling in the 11th circuit is, it's

very detailed and comprehensive. and again -- the supreme court is unprecedented what they did. and for your viewers. typically you have an hour to argue before the united states supreme court. they recognized the great national importance of this case and they gave us 5 1/2 hours. and we believe that that for a modern day supreme court is unprecedented time allocated. megyn: i think you are right. it's unbelievable. i don't remember anything like this since redistricting case but it wasn't 5 hours. thanks so much for being here. all the best to you. we appreciate it. coming up. he admits now that he showered with young boys. and touched their legs. but he's denying any allegations of sexual abuse and says he is not a pedophile.

former penn state assistant coach jerry sandusky speak out for the first time. [ male announcer ] what's the beat that moves your heart? how about the beat of a healthy heart? campbell's healthy request soup is delicious, and earned this heart, for being heart healthy. ♪ feel the beat? it's amazing what soup cano.

try bayer advanced aspirin. it's not the bayer aspirin you know. it's different. first, it's been re-engineered with micro-particles. second, it enters the bloodstream fast, and rushes relief to the site of your tough pain. the best part? it's proven to relieve pain twice as fast as before. bayer advanced aspirin. test how fast it works for you. love it, or get your money back.

megyn: new fallout in the wake of alabama's passage of a tough new immigration law. the "new york times" writing alabama is far from alone in passing a law whose express name is racial exclusion and family disintegration to make a particular group of poor people disappear. the new laws come cloaked in talk of law and order. robert bentley is the governor of alabama and is here with some thoughts on that. governor, thank you very much. welcome to the program. we appreciate you being here. the "new york times" was rather hash on your state and this law. your thoughts and response, sir.

>> i can be rather harsh on the "new york times" also. because what they say is absolutely not true. you know, this is a totally different issue than what happened in 50-60 years ago in the state of alabama and all over this country. we have come a long way in alabama. i'm proud of our state. and how far we have come with racial diversity in the state of alabama. and i just feel that this is totally unfair, this characterization, they don't know alabama, they don't know what's in our hearts. megyn: they say it's obvious racism is driving the law. any thoughts to that? >> racism is not driving this law. we need to enforce the laws of this country. that's the problem. the federal government is not enforcing the laws of this country. that's why states are having to do what they are having to do. not only alabama, but six or seven states that have had to do

this. and there will be other states. we are trying to ask the federal government to do their job. if they can do their job they can set a policy and we'll go by that policy. we are asking them to do something and they are not doing what they are supposed to do. megyn: one of the items they took issue with, they suggested alabama utilities are cutting off service to illegal immigrants. our brain room here at fox news suggests that is true. there is a decatur utility is prohibiting illegal immigrants from obtaining electric, gas, water and sewer service because of that portion of the law that does not allow the illegal aliens to make contracts with the state. is that true, sir? >> i don't know that. i have not heard that,en you have to enter into a contract in the state of alabama, you have to be a legal citizen. that's part of the law.

and you know what i have to does governor is enforce the laws of this state. megyn: they also talk about the fact that one of the sponsors of the law, called black people in alabama aboriginals. he uses this to suggest those behind this law harbor some sort of racial animus against la i knows and hispanics. would you like to respond? >> well, i cannot defend that statement. i don't try to defend other people's statements. but, you know, i want people to know that this law is not racist. it is not in any way racially motivated. all we are asking the federal government to do is enforce the laws and we'll do that in the state of alabama. megyn: the state senator did come out and apologize for that comment. i want to ask you about president obama because he gave an interview to the nation's

largest spanish language daily newspaper and he talked about this law. he says one the of the provisions that's been put on hold thanks to the courts. about it required schools to check the immigration status of students. it doesn't require them to deny schooling to illegal immigrants, they are not allowed to do that. but check the legal status and the president set idea that we have children afraid to go to school because they feel their immigration status will lead to being detained is wrong. he said the law is not just anti-immigrant, but i believe it doesn't match our essential values as a country. your thoughts, governor. >> i think that that part of the law is something that we certainly need to look at. and i'm not condoning that particular part of the law. and there are some parts of the law that we are going to look at. i'm not saying anything is going to be changed. but we are going to try to simplify the law and look at it

as time goes on. megyn: for those who are so critical of it including president obama what message do you have regarding illegal immigration and the state of alabama. >> i would ask the president and congress to do their job. if they will do their job and set forth a reasonable policy for immigration in this country that's all we are asking them to do. if they will do that. then we won't have any need in alabama or arizona or you utah or any other state to have any type of law like this. megyn: governor bentley, thank you for being here. we are taking your thoughts on it at kelly@foxnews.com. a a prosecutor in the casey anthony case pulling back the curtain. what he has to say about the

jury and casey's lawyers not to mention his own performance three minutes away. 's better th? free gold ! we call that hertz gold plus rewards. you earn free days, free weeks and more fast. that's a plus. upgrade your ride. that's a plus. rewards with no blackout dates so you can redeem anytime. and it's easy to redeem your points online. already a gold member ? just select gold plus rewards in your profile and start rewarding yourself now. just go to hertzgoldplusrewards.com to join. hertz gold plus rewards. journey on. for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right, i will take a chance with the two of you." and we've been loyal to bank of america

for the last 71 years. have given way to sleeping. where sleepless nights yield to restful sleep. and lunesta can help you get there, like it has for so many people before. when taking lunesta, don't drive or operate machinery until you feel fully awake. walking, eating, driving, or engaging in other activities while asleep, without remembering it the next day, have been reported. abnormal behaviors may include aggressiveness, agitation, hallucinations or confusion. in depressed patients, worsening of depression, including risk of suicide, may occur. alcohol may increase these risks. allergic reactions, such as tongue or throat swelling, occur rarely and may be fatal. side effects may include unpleasant taste, headache, dizziness and morning drowsiness. ask your doctor if lunesta is right for you. then get lunesta for $0 at lunesta.com. there's a land of restful sleep.

we can help you go there on the wings of lunesta.

megyn: we are just getting reports that new york's zucotti park will stay closed as lawyers battle in court over the legality of the sometimes removal of the occupy wall street protesters. 1,000 police officers cleared the park early tuesday morning, clashing with the demonstrators in the process and making 200 arrests. they said they needed to clean it for sanitary reasons. they said they could come back today but they couldn't bring their tents or sleeping bags. lawyers for the protesters took to the courts to fight their eviction. as we learn more we'll bring it to you.

brand-new inseen it the casey anthony murder trial -- brand-new insight into the casey anthony murder trial. he paints an unflattering picture of casey anthony's attorney and the jurors who acquitted the young mother of the killing. >> reporter: this is the first insider account of the summer sensation sal murder trial up in orlando. jeff ashton spreads the blame around beginning with the orange county sheriff's department which failed to search every square inch of the wooded area next to the anthony family home. he won praise during the trial for his vicious and cross-examination of defense witnesses. today he described what turned

to be insurmountable challenge. that being casey's brand-new story that she had been molested by her father george and she accidentally drown in the pool. ashton believes for the jury that's all it needed to create just enough reasonable doubt. >> sort of absolute irrefutable proof that was obvious, we just couldn't give them that. that just wasn't there. >> reporter: casey anthony remains in hiding. she owes the state $200,000 for the cost of the investigations. as for how ashton views casey anthony today here he is. >> evil is not something i would necessarily assign to her. her act was evil. to me the predominant aspect of her personality is selfishness and the ability to lie with

seemingly no guilt or regard. >> reporter: i asked what he would say to casey anthony if he bumped into her on the street. he said absolutely nothing. he said he would ignore her, something he hopes the nation can begin doing soon. megyn: penn state assistant coach jerry sandusky says his encounters with alleged victims were nothing more than horseplay. should he be speak out? did he help or hurt his case. gop lawmakers maybe a public appeal for attorney general eric holder's resignation and they want a response this time. >> if my opinion there are only two options. either mr. holder is not telling the truth or he is inept. and in either case, he should resign. [ male announcer ] what if you have potatoes?

but you've got a meat and potatoes guy? pour chunky sirloin burger soup over those mashed potatoes and dinner is served. four minutes, around four bucks. campbell's chunky -- it's amazing what soup can do.

megyn: back to our top story. new calls for attorney general eric holder to step down. a group of republican lawmakers, the numbers up to 39 within calling for his resignation at a public news conference earlier this hour, demanding accountability they say on the botched federal gun running sting known as "operation fast & furious." >> "operation fast & furious" is

another embarrassment. it falls squarely onto the shoulders of attorney general eric holder and this department of justice. one of the things was raised upon in my 22 years in the united states military is leaders take responsibility. they very rarely take credit. it's time for attorney general eric holder to take responsibilities for the failures coming out of the department of justice. megyn: is it? joining me now julian epstein and former legal counsel for the full house judiciary committee. and before we get gig want to read you a statement we just got from the department of justice spokespersone who writes, quote, from the start this attorney general acted responsibly and took quick steps to insure accountability.

you heard congressman saying it's time for eric holder to show accountability for this operation which ultimately was overseen by atf which is under the offices of the d.o.j. do they have a point? >> of course he has to take responsibility for it because he's the attorney general of the united states. i think it reality now sinking in as this progressed the last several weeks is you have two situations. either the southern general wasn't being forth -- either the attorney general wasn't being forthright when he was testifying before the house or he was incompetent and didn't know this program was going on under his watch. listening to that statement out

of the department of justice. that's as self-serving you can get. we need to find out how to stop guns going in illegally. maybe one way is not to have them go in through the united states justice department. but here is the real problem. what you are seeing with congress as it slowly continues to build is this idea that there is malfee -- malfeasance. ultimately the call will be between the president and his attorney general. congress has the trite weigh in. there is serious concern. i think it's an understatement. the more this goes, the worst it gets. we had a development where a letter of apology was sent to the family about it was released to the media first. this is just inept. it's unfortunate it many the american people watching this unfold before their eyes. megyn: we heard it was released in the media first but that was corrected later, the family had

it, a distant family member. but that am not the point. julian, so many times we see something bad happen in an organization whether it's the federal government or a corporation. and here is something really bad happens. this operation was bad. and, you know, one of the guns or two of the guns that were -- that we let walk, accord ting to reports were used to kill an american border patrol agent brian terry. so many times we have seen ceos lose their jobs because something like that happens in an organization or the head a government agency loses his job because it happened on his watch. why shouldn't that happen to eric holder here? >> eric holder is the one who stopped this program the moment he found out it was occurring. he called for an independent investigation. he is the one who removed the officials responsible for this. the argument jay is making is

slightly different from the earmt made last week. the idea that the attorney general is responsible for knowing all the details of thousands of investigations going on in the justice department is absurd. as for the call by the republican members for holder's resignation. i think this is an effort by some not too prominent lawmakers in the have you can party to extend the 15 minutes of fame that the "operation fast & furious" received. this is a program that was started under the bush administration. the mere virtue of the fact that these republican lawmakers have nothing to say about the fact that the guns walking program was a program that was initiated under the bush administration tells you this is nothing other than politics. >> calling them insignificant lawmakers is not right. these are serious lawmakers. some of them from arizona where border issues are serious. i think discrediting the congressmen is ridiculous. they have the right to do what they are doing.

what regard to what happened understood the bush administration, that program was stopped at a point. i think it's important to understand this. the lack of communication that took place in this whole scenario between the secretary of homeland security and the department of justice, and you bring up the question, and i think this is the greet unknown here. what -- this is the great unknown. what is the reaction from the american people on this? is it strictly politics or is it something they are concerned about how their department of justice is being administered? i think it's disrespectful to slight these congressmen the way that you just did. i think that's bad. megyn: i got to go. julian i'll give you the last word on this. the d.o.j. says acting responsibly and taken quick steps to insure accountability. who got fired? not transferred to another position. who got fired, who has been held

accountable? >> the head of the bureau of alcohol, tobacco and firearms. in washington that's effectively the same thing as being fired. megyn: he's still getting a government salary. >> the u.s. attorney in phoenix resigned. the field officers in the phoenix officers were removed out of their positions. the point i'm making about the lawmakers is i think they are not that prominent and i don't think people will take them seriously. the fact of the matter that you just acknowledged that this was a program started under the bush administration. none of them said anything about the fact that the bush administration practiced this. >> that's not true. don't slight the congressmen. >> i'm not slieght them. i just don't think anybody is going to take them seriously. >> they are not significant members of the congress? >> i don't think anybody is

going to take their effort too seriously and i think it will look patently political and the fact that they do not complain about the fact that it started under the bush administration. megyn: a pleasure, gentlemen. going through security is about to change again. major changes coming to an airport near you. we'll see what it means for the thanksgiving rush. now questions following an interview where penn state's former assistant football coach admitted to horsing around with young boys but denied the child rape allegation. jerry sandusky sit was nothing more than horsing around. but could this comments help or hurt. >> maybe it one thing his attorney was thinking and this came across in the interview was his attorney said he has one of the alleged victims saying this didn't actually happen. so it could be scare tactics to get other victims from preventing them from coming forward.

♪ ♪ ♪ when the things that you need ♪ ♪ come at just the right speed, that's logistics. ♪ ♪ medicine that can't wait legal briefs there by eight, ♪ ♪ that's logistics. ♪ ♪ freight for you, box for me box that keeps you healthy, ♪ ♪ that's logistics. ♪ ♪ saving time, cutting stress, when you use ups ♪ ♪ that's logistics. ♪

are on our wish lists? 'cause this season, the timing couldn't be better. right now, we can get those black friday prices without fighting through all those black friday crowds, which means we can do more this year without waiting around for the season to start. ♪ more saving. more doing. that's the power of the home depot. why wait for black friday? choose either this top load or front load washer for just 499 bucks.

megyn: "kelly's court" is back in session. former penn state coach jerry sandusky proclaiming his incidence. he's accused of molesting at least eight boys inia in a phone interview he denied the charges against him but admitting to some inappropriate behavior. >> there is a 40-count indictment. there are multiple accusers, multiple eyewitnesses to various aspects of the abuse, a reasonable person says where there is this much smoke there must be plenty of fire. what do you say? >> i say that i'm innocent of those charges. >> innocent? completely innocent and falsely accused in every aspect? >> well, i could say that, you

know, i have done some of those things. i have horsed around with kids. i have showered after workouts. i have hugged them and i have touched their leg without intent of sexual contact. megyn: the interview is fascinating. it will be aired in full monday night on nbc. but they released a lengthy transcript. i want to read to you another large portion it. are you denying you had any inappropriate sexual contact with any of the underaged boys? can dozeny, yes, i am. i would say that that's false. costas. what did happen in the shower that night. and dulls ski, we were horsing around and he turned all the showers on and was actually sliding across the floor and we were as i recall possibly like snapping a towel. horseplay.

costas, in '98 a mother confronts you about taking a shower with her son and inappropriately touching him. two detectives ease dropped and you admit maybe your private parts touched her son. what happened there there? sandusky. if he felt that way then i was wrong. costas. janitor said he suave you performing oral sex on a young boy in the penn state locker facilities, did that happen? and dozen difficult, no. costas. how could some sun way they something something like that. sandusky, would you have to ask them. in retrospect i shouldn't have showered with those did. costas, are you a pedophile in sandusky, no. costas, are you sexually attracted to underaged boys?

sandusky? am i sexually attracted to under and boys? sexually attracted, you know, i enjoy young people. life to be around them. but, no, i'm not sexually attracted to young boys. joining me now joey jackson. former prosecutor and defense attorney and lis weihl. i'll start with you, lis. i'm not even going to pose it. how badly does this hurt him? >> more any. i would say this is false? not just saying it's wrong, i didn't do it. having to repeat the question about are you sexually attracted to young boys? having to repeat that? it shows someone trying to buy time. trying to look at what the correct answer should be. if you are innocent it's i'm innocent course not, never ever. that 1998 incident you were talking about with the mother where the possible cue her to has gone missing by the way, he

sent those two cops in and said to the mother, can you forever forgive me? that's on tape. this goes back to 1998. megyn: joey, you are playing defense attorney for sandusky. your viewers will forgive you. he's going to have a forceful defense. and as a defense lawyer, his lawyer cannot be happy about this, can he? >> here is the problem, megyn. i don't know why the lawyer consented to him doing this in the first place. this is something we always tell our clients, don't say anything. and when you say things like this obviously his credibility comes into question base's a buy assed witness. what is he supposed to say? i did it? while a molester? megyn: he come out and said, i hugged them. from the sound bite we played at the beginning. i hoarsd around with kids. i have showered after workouts.

i have hugged them, i touched their legs it's as if he's so embroiled in his sick world that he doesn't even realize how bad that sound to normal people. >> that's why you don't allow this interview to take place in the first place. the grand jury report is horrific. if you reid it, you shouldn't read i'd before lunch time. given the fact that there are 8 different victims. there is talk in the grand jury report about anal intercourse with children. it's horrible. megyn: how can a prosecutor use this? can it be used in a trial against him? >> remember conrad murray never took the stand but cops were able to play that audiotape a couple days after michael jackson went dead. you can play that over and over and over again. absolutely. he almost has to now take the stand to refute what he already said. but how can he do that? that's out there.

megyn: now his lawyer who spoke to costas is suggesting when found some young boys who will deny he ever did anything to them and say it never happened. how does that play in this case? >> in any case you will have issues with credibility. what are the victims coming forward for? are there incentives for them to come forward the problem you have is the magnitude of the testimony. you not only have eight victims in the grand jury report but you have eyewitnesses. the eyewitnesses who corroborate some of their testimony. megyn: which you almost never have. >> and the boys don't know each other. it's not like the boys got together and said i'm going to tell the same story. a pedophile usually uses the same m.o. time after time so it goes solidly to the boys' credibility. megyn: the interview will be

airing on nbc monday night. we'll be right back. ,

megyn: retail sales are on the rise. sales increased 45% in opening. pushing retail sales up for the straight month. that is good news for the economy with consumer spending making up 70% of that increase. change is in the air at the airports across our nation. the thanksgiving holiday surge is kicking off with 23 million airline passengers gearing up to take flights. now the tsa is doing some tweak whenever it comes to airport security measures and some of them may make you happy.

catherine herridge is live on capitol hill. >> reporter: what tsa officials will tell you is they hear the same two concerns. one the price of tickets, and the second is having to take your shoes off at the airport. one of the big changes people will see this year is that kids 12 years of age and under won't be required to take their shoes off any more sat security checkpoints. tsa says this is a more intelligent model. they say with the smaller shoes you can't put enough exclusives in them to damage an aircraft. >> it has been used by terrorists to do bad things. fortunate live we haven't seen that here. >> reporter: one of the changes you will notice is with the body scanning imaging machines. half of the machines use this updated software which uses a

more generic image that looks like a gingerbread man or dough boy image. typically a patdown. compare and contrast that with the other images which we have blurred because they are pretty detailed and privacy advocates said it was an undue invasion and the tsa has listened to that. we asked administrators what the threat picture looks like today and he said that the intelligence briefing he sees is that al qaeda is trying to regroup and the intent is still there. the question is whether they can deliver. megyn: you can bet folks will start complaining they look like a dough boy. the hunt for a missing toddler as his mother's picture turns up on a dating web site.

[ adrianna ] when i grill lobster, i make sure

it's a melt in your mouth kind of experience. [ john ] the wood fires up the grill a little bit hotter so you really get a good sear and it locks in the juices. surf & turf -- you n't go wrong [ male announcer ] don't miss red lobster's surf & turf event. choose from three grilled combinations all under $20. like our maine lobster with peppercorn sirloin or our new bacon-wrapped shrimp with blue cheese sirloin for $14.99. [ adrianna ] i think the guests are going to take a bite and be like "oh, man, this is so awesome." [ john ] i'm grill master john mazany. i'm grill master adrianna hollis. and we sea food differently.

♪ ♪ ♪ [ male announcer ] everyone deserves the gift of a pain free holiday. this season, discover aleve. all day pain relief with just two pills. this season, discover aleve. diabetes testing? what else is new? you get the blood, hope it's enough, it's-- what's this? freestyle lite® blood glucose test strip. sure, i'll try it, but-- [beep] wow. yep, that's the patented freestyle zipwik™ design. it's like it-- [both] targets the blood. yeah, draws it right in. the test starts fast. you need just a third the blood of one touch.® okay. freestyle test strips. i'll take 'em. sure. call or click-- we'll send you strips and a meter, free. can't i just have these? freestyle lite test strips. call or click today.