that's it. megyn: fox news alert on new primary math in the republican race for the white house. welcome to "america live," i'm megyn kelly. governor mitt romney today attacking against former speaker newt gingrich in a whole new way, and these next three polls may tell the reason why. according to rasmussen reports the former house speaker leads in iowa with 32%, mitt romney behind at 19%. that of course is the first in the nation a caucus state. now in new hampshire, which is the first in the nation primary state and comes right after iowa, mr. newt gingrich is behind, he's in second-place, but 10 points behind. mitt romney at 34, newt at 24, which is almost within the margin of error. of course there is potential momentum for a win here if gingrich takes iowa, which i said is a week before.

in south carolina, mr. gingrich is 33 points ahead, well rather 33 points he's got, mitt romney has 22 points behind him. that could be a big victory should those numbers hold up. in florida the numbers also very good for newt gingrich for now. doudoug schoen is a former pollster for bill clinton. he's also a fox news contributor. doug, you say there is one real conclusion from those numbers, and what is it? >> that conclusion is that the definitive and clear frontrunner for the republican nomination is newt gingrich, and i think the polls that you cited points that out, and the activities of the ron paul and mitt romney campaigns supports that conclusion. megyn: does that mean anything, that he's the frontrunner right now? because we've of course perry was the frontrunner, cain was the frontrunner, romney at different times during different polls was the front runner, although not by these margins.

how meaningful is it? >> i think it is meaningful. we are about four or five weeks out from the iowa caucuses and the new hampshire primary. there's always been an anti-romney candidate, it's now newt gingrich. there is no word in a anyone else is generating momentum. at a certain point in time races clarify. i think the republican race is coming down to a two-man race with newt gingrich and mitt romney the main contenders, and newt having a very clear advantage, megyn. megyn: i want to ask you what mitt romney can and should do. first i want to ask you whether we can trust these polls. historically are they accurate predicters of who is likely to win the nomination? >> very good question. as i said we are about a month out. we have a different group of polling firms, rasmussen and others collecting the numbers, and more importantly, megyn a

consistent conclusion, that newt is the frontrunner. given all that it says to me that we can trust the numbers, and whether the margin is 10, 20, bottom line newt is the clear leader. megyn: you say on your website that mitt romney's campaign is now in desperate trouble, more desperate than ever before, those are your words, and you've suggested that what he needs to do is go after gingrich in a major way. doug, we may be seeing a bit of that. here is just a sound bite of him this morning on fox & friends. >> newt gingrich and i have very different be backgrounds. his background is very valid of course. he's been in politics almost all his life. the last decade and show he's been working in government affairs. he's been in washington, what, 40 years or so. during that same time i was trying to build a business, doing my best to understand how the economy works. we created jobs, we created a

good return as well. i need america needs to have a leader who has run things, who has spent time in the private spector, who understands the power of the american experience and knows how it is that we can make our economy stronger. megyn: newt gingrich has refused to really go after his republican rivals, at least in the debates. is there risk to romney in going off gingrich? >> oh, absolutely. he's now trying to position himself as the outsider, the businessman, and newt "the insider," the lobbyist, the congressional wheeler dealer. the problem when you get harsh, and he's not harsh yet, romney isn't it, but as he gets increasingly harsh as he's got to it pola rise the electorate and a certain percentage of people, megyn get turned off. romney has no choice but to go after gingrich but in so doing he risks ale lea risks alien naturing a substantial portion

of the republican party. megyn: it's one thing to say he's an insider, i'm an outsider, there is another thing to raise impediments to him winning a general election. >> in answer to your question, i think i do expect him to step it up. he will do it through paid mead what with the harshest charges through commercials or his 501c4 so he doesn't have his fingerprints on it. he'll keep driving the contrast of an insider and outsider, and the paid media and the money he has to put behind that paid media show that. megyn: mitt romney, slow and steady wins the race he hopes. do we have any reason to believe that behind the seasons mitt romney may have contributed to

the fall of rick perry, to the fall of herman cain. he may have been doing this. and we didn't see it. >> it is possible. herman cain's demise if it be a denies has more to do with questions that have been raised about his personal behavior and his failure to identify with foreign policy issues like libya. romney may have had a hand in it, i don't know. bottom line, these two candidates fell of their own devices, i think. newt is a very shrewd man and is unlikely to have any of those problems. megyn: one more word, who do you predict to be the republican nominee. >> newt gingrich. i think he will win, he's a start guy, he's got a message. he knows what he's doing, with his lead as wide as it is it will be pretty tough to undermine him and have romney

who has never been above 20% go up into the 25, 30% range. megyn: we will here the opposite argument in about ten minutes right here. doug, thanks so much. >> thanks so much, megyn. megyn: we are waiting to hear from herman cain as he makes a campaign spot? south carolina before heading home to see his wife and discuss the future of his campaign. we have a live camera there. we will listen to a little of what he has to say in about 20 minutes. he has not been home since allegations of a 13-year affair has surfaced. he does admit to helping that woman out financially and confessed that was news to his wife. with all these challenges can mr. cain pull himself out of this mess greatly? we will be joined by former governor mark sanford about all this the top of our next hour. a house committee today voted unanimously to subpoena the former new jersey governor and

former sachs chief john core sign. his firm reported losses of more than a billion dollars of clients' funds. they talked about him for treasury secretary under president obama. now you have all these house members unanimously voting to get him in there and make him answer some questions. >> the fur is flying. that vote unanimous by republicans and democrats alike came after corzine neglected the response to an informal request to appear before the committee. he'll be doing that next thursday. then the following tuesday another committee, the agriculture committee in the senate wants him to come. they've given him a nice little invitation, but a ranking member on that committee says if he doesn't agree we will do everything we can to compel his testimony. so it's rare this a former u.s. senator, as corzine is gets called on the carpet before congress. it's going to be interesting to see, though, because of his ties to congress, will he do the wall street thing and take the fifth amendment and answer no

questions or will he try to educate his old colleagues about just how badly he screwed up everything. everybody wants a piece of this investigation now, now that everything has gone to pieces. he faces investigations also by the cftc, other committees in the house and senate. the key issue here first of all is what happened to $1.2 billion in customer money that disappear. we are not saying he lost it. we are saying they can't find it. there is a chance he was betting with his firm's own money on these european bonds. those bets went against him. did he take customer money and do it? that is one thing this committee is going to be trying to find out. it will be interesting to watch. megyn: certainly will be, thank you. another high proceed trial legal drama today this time involving country music's mindy mccready, the singer blowing off a court deadline to return her 5-year-old son to his grandmother in florida. the grandmother has custody.

mindy mccready is in tennessee, she says she is. she says she can't travel back to tennessee to deliver the child to her mother because she is seven months pregnant with twins. phil keating live in miami,. >> reporter: she clearly had no problems traveling with her 7-month pregnancy from florida earlier this week to what is believed to be the nashville, tennessee area. she is adamant saying this is no child kidnapping story. even the father of five-year-old zander says, clearly this time she is pushing her luck. ♪ [singing] ♪ ♪ >> reporter: that's mindy mccready's big number one hit back from 1996, but her music career has been overshadowed by her drug addiction and suicide attempt in recent years. she lost custody of her son

zander four years ago to her mother. this past august she filed a liable lawsuit against her mom and the publisher of the national inquiry. she is believed to be in the nashville area. as of 5:00 last night she is in defines of a court order in cape coral, florida to return the boy. that judge alternate the bee h*es of the department of childrens and family is now urging any law enforcement officers who happen to see little zander to immediately retake custody and return him to florida. mindy mccready appears fully defiant e-mailing this statement to the associated press, quote, i'm a mom first. no matter what happens i'm going to protect my kid. if i have to go to jail so be it. still uncertain is whether she will face any criminal charges here. she clearly crossed state lines with a child whose custody belongs to somebody else, this remains a fluid situation and she and the boy still in hiding, megyn. megyn: wo*urbgs thank you. new details emerging today on

the prime suspect in the disappearance of this florida mom, michelle parker. she went on people's court the same day she disappeared. we will be joined by judge alex ferrar, unfolding where he used to sit on the bench, judge alex did. he may be dropping in the polls, there is a new argument why mitt romney's frontrunner status be intact. could the fact that he is in trouble be a little over blown. >> to win the election you have to earn it, you have to get out and campaign, meet the people, shake their hands. selfa tkpwrapselfagrandized statements about yourself is not going to win you votes. [ rge ] psst. constated? phillips' caplet use gnesium, an ingredient that works more naturally wityour colon

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megyn: kansas police car in a bizarre accident, all caught on tape. dash cam video from mission, kansas. a huge tree drops from the side of the road and lands on this cruiser smashing the windshield completely. despite the damage to the car

amazingly the officer driver was not hurt. former massachusetts governor mitt romney has been having a tough week on the campaign trail. his support has been flat or down in the latest polls while newt gingrich has been surging. before declaring mitt romney's campaign in trouble, look at this. at this time back in 2008 former governor -- former mayor, rudy guiliani was in the lead, look at his numbers with 27.7%. fred thompson was second. mitt romney was fifth and he would win -- look at this, mccain would eventually take it all an was not even in it. mike huckabee was down at 10% and he would wind up winning iowa. ed rawlings is a campaign strategist and a fox news analyst. megyn: huckabee won iowa even though he was way down in the national polls yet he did not

become the nominee. rudy guiliani who was crushing everybody in the national polls did not become the nominee, nor did he win iowa. >> he was ahead in all 50 states and didn't win it. megyn: when you see these polls with newt gingrich surging ahead of mitt romney, what does it tell you. >> there is an interest in him right now, he has momentum. there is always who has an organization. we watched people like gary hart, we watched mike huckabee. when momentum gets up to the organization, it sometimes falters. you don't win states you win delegates. there are 2248 delegates, you have to have 1145 of them to win. it's not like winner takes all in florida, and california the big states like last time. megyn: last time if you won florida you get all florida's delegates. this is in the contest for the primary nomination. this time it's different, it's proportional. if you do well in florida you

get a number of the delegates, even the guy who won first gets delegates. >> their 99 delegates are cut to 50. if you get 20% you get 20% of the delegates, which are 10 or 12. megyn: what happened with huckabee's campaign last time? how did he win iowa. many are suggesting gingrich has iowa locked up, but then he lost. >> he had tremendous support in the evangelical community. he had a great ground game there. the difficulty was moving that beyond. if fred thompson not have been in the south he would have beat mccain. if he would beat mccain in south carolina he would have had momentum. megyn: how does that translate to gingrich versus romney. >> you have to have an organization. romney has the money, the people. he obviously doesn't have the enthusiasm that newt gingrich has right today. but newt in a very short period of time has to put an organization in iowa, which he

has nothing, new hampshire which he has nothing, south carolina, which he has nothing and even beyond florida. that takes a lot of money and a lot of resources. megyn: tell us what that means to have the organization on the ground. >> organization are people that are there. take iowa, for example, in iowa 40,000 voters voted for mike huckabee. it's january 3rd, it's 7:30 at night. it's not an all day voting process. have you to show up at a fire house or a school or a precinct in the state. there are 784 precincts. you have to know where to go. you have to have someone call you and basically talk to you about where to go and how to go, and it's all about organization. megyn: you really need all that? the iowa citizens seem very educated when it comes to the political process. >> they are educated and take it very seriously. at the same time it's a process of having cars and drivers and getting them there and making them get out on a cold night. megyn: you've been around the block, i'm not going to hold you to this. right now when you're handy capping this race and looking at what the likely outcome is, would you say would you put

money on newt gingrich, would you put money on mitt romney or somebody else. >> authors the two we'll have to watch over the next 30 days. i know them both well. i would say predictable is mitt romney. romney has the pieces that you think you need to go the long haul. megyn: you're talking about organization. >> taout has an enthusiasm. those are the people that participate. the other tested part of this is romney has not made any serious mistakes. megyn: he took a hit this week giving his bret bair interview. >> reporter: he gets testy. he's gone through 13 debates. newt basically thinks out loud. he's a smart, smart guy an has a lot of thoughts on a lot of different things. he gets scrutinized not as a back candidate, as a front candidate. everywhere he says will be on the camera here somewhere and there will be people like me analyzing it. it's a question of ke surviv ke

survive it. he's an opposition researcher's dream. i like newt, he's a friend, it's going to be an extraordinary race, i'll watch it closely. megyn: how helpful or hurtful that he comes out publicly and tells abc news i'm going to be the nominee. >> reporter: he has to get i out of his vocabulary. he needs to say, i'm not obama, this is what i'm going to do with this policy. megyn: we are on high alert with winds gusting 100 miles an hour in the west. trees and cars are damaged. power lines are down. the very latest from the fox news weather center. the headquarters for the u.s. military in iraq going dark, live at camp victory next. >> i think it's a very significant and symbolic

transition because it represents how the u.s. forces are going to in fact --

megyn: we showed you yesterday some of the dangerously windy weather out west starting in utah. hurricane-like winds tossing trucks around like toys. look at this. you're talking semitrucks, leaving semis on their sides in some instances. in southern california powerful winds snapping trees, leaving hundreds of thousands without power. now the system is moving east, bringing hurricane-force winds to the new part of the country. janice dean will be along later in the hour to explain where this thing is heading next. >> this might be the most popular place in camp victory. how are you doing? this is a dining facility, one of two that serves, well 45,000

members of the u.s. military and civilians here at camp victory. this facility alone every day more than 10,000 meals. you've got to eat. megyn: my friend bill hem era couple of years ago. and today we take time to note a deeply symbolic and emotional moment in iraq. u.s. troops quietly withdrawing from camp victory outside of baghdad and transferring it to the iraqis. for the past eight and a half years camp victory has been the nerve center of american military power in iraq. set up shortly after the u.s. invasion back in 03. at its height home to more than 46,000 people, and at one time a prison for the dictator saddam hussein and his henchmen. dominique d-natali streaming live to us now from baghdad. >> reporter: this is one of the final milestones, meg of america's withdrawal from iraq. indeed camp victory in the hands

of the iraqis today, a very sugges subtle way too, assigning of documents, they just got up and left. this was the most strategically important base in the middle east, most certainly for the united states, because it was the engine of the war, the engine room of the war really where all the critical decisions were made. camp victory was very much more than the iz could ever hope to be, more than the green zone ever hoped to be because of the different commander's that came through, and the hundreds of thousands of troops that came, those on their way to war, those on their way back, those that were injured and the 4,500 dead u.s. servicemen and women, many who came through the airport a short distance away from where we are here at camp liberty. what was symbolic was not just a

quiet u.s. withdrawal but a chance for the iraqis to seize more of their sovereignty. that is something the u.s. military wants to impress and something the iraqis are very eager to say. this is the third in line of the last events that we will see the u.s. military make, in terms of finally coming -- finally reaching that end of the withdrawal process. you'll see what is called the closing of the colors in a couple of week's times, these when the military literally folds up its flag and heads out. and the convoy will go over the kuwaiti border, and that will be the u.s. finally out of iraq. everybody focused on the final, final phase when all u.s. soldiers are no longer here, meg. megyn: dominique d-natali thank you so much. we are waiting a town hall right now with presidential candidate herman cain. it takes blaze in moments. it's his last stop before he heads home to his wife, and his monday announcement he says on

what is next for his campaign. we'll bring you the news as it happened. new details on the violent background on what police say is the prime suspect in the case of a missing florida mom. we just got our hands on the autopsy report involving his previous wife. wait until you hear this. judge alex is just ahead. and presidential candidate newt gingrich proposing a plan which he says will instill work ethics in some urban children. is this a cure for what some are calling a social problem? >> poor children in really poor neighborhoods have no habits of working, and have nobody around them who works. so they literally, they have no habit of showing up on monday. they have no habit of staying all day. they have no habit of i do this. and you give me cash, unless it's illegal. ok, people. show me the best way to design a vacation on a budget with expedia. make it work.

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megyn: fox news alert, a live look at a town hall in rock hills, south carolina, where we are now waiting for republican presidential candidate herman cain to address a crowd. this is his last stop before he says he is heading home to speak to his wife about allegations of a 13-year consensual affair surfaced and, of course, mr. cain denies those. he says after he speaks to his wife, he will decide the future of his campaign. when he speaks, we will bring you some of that right here.

presidential candidate newt gingrich is running into some controversy today over his talk about kids and work habits. the former house speaker saying child labor laws ought to be relaxed so poor children can help out around their schools and learn the value of a hard day's work. listen in as he explains the position. >> poor children in really poor neighborhoods have no habits of working. and have nobody around them who works. so they literally have, they have no habit of showing up on monday, they have no habit of staying all day. they have no habit of i do this, and you give me cash unless it's illegal. megyn: joining me now for a fair and balanced debate, alan colmes and mike gallagher, a syndicated radio host and fox news contributor. all right, guys, thank you for being here. let me start with you on this, alan, actually, because there's a piece in "the washington post"

calling this unbelievably disgusting and disrespectful. does he have any sort of a point? >> i think the point is lost in the insult to poor kids and families who are in poverty, and the idea of equating poverty with crime, i think, is a mistake. i understand the larger point he was trying to make, and this is what newt sometimes does. he's very bright, he's got a great dialogue going, but he sometimes overstates in a way that misses the larger point. the idea that these kids are automatically criminals because they're poor or the family is poor, they're somehow inclined toward crime, i just think it would have been much better if he didn't state it in quite that manner. i think he made a big mistake. megyn: wow, something really scary is going on behind alan. >> there's yelling here in the newsroom. megyn: i don't know what's going on. >> i think it's newt. [laughter] megyn: all right, mike, let me get you to weigh in. was newt doing okay until he got

to the last part where he said unless it's illegal, suggesting that they don't, you know, some kids in urban areas that tend to be very poor don't know the value of a hard day's work because they don't see a lot of it unless it's illegal? >> of course it's okay. the whole thing is okay. i mean, alan, i'm fascinated by your assertion that you don't understand the connection between poverty and crime. >> i didn't want say that. >> all we've ever heard -- you said that. >> no. i said the larger message was lost because of the way he stated it. >> because you didn't like the connection between poverty and crime. >> yep. >> well, for years all we've heard is the reason there's a disproportionate amount of minorities in prison is because of the socioeconomic conditions, and now suddenly liberals are squeamish over a guy like -- >> wait a minute, nobody's squeamish. i think he made a mistake. i think his larger point was lost because of the overstatement -- >> don't get offended.

>> -- accusing poor people of being criminals. >> don't get offended. >> it takes more than that, mike. >> excuse me. do you think socioeconomic conditions contribute to people who choose a life of crime? >> yes, it can. [inaudible conversations] megyn: let me jump in and ask you, alan, because do you think newt gingrich has a point when he says what you need, he says every successful person i know grew up baby sitting or shoveling snow or mowing lawns and sort of learning the value of work for money, and he says the problem in some of these urban, poor areas is that's not happening. do you think that's a legitimate point and one we should be focusing on? >> it's too broad a statement. we're losing the focus because of what he said. he wants to fire union members, he wants to fire union janitors and replace them with 14-year-old kids and do away with child labor laws. i mean, liberals have fought for years to have certain working conditions. you can thank us, by the way, for that. and he wants to blow up child

labor laws? fire union members and men with families to put 14-year-olds to work cleaning toilets in schools? come on, that's ridiculous. megyn: mike, what he's talking about is maybe having kids be assistants to those union members. go in and assist -- >> he went back to say that. he had to clean that up. >> the good news is that most americans are completely in touch with newt, unlike liberals who are against the idea of a child learning a good work ethic. i think a lot of parents in particular would say it'd be great to have my son working alongside a janitor and learning the value of what it means to work. and that's what unions -- and that, of course s what unions don't know. >> a what he initially said was we should fire those janitors, then he changed it to say let them work as assistants to the janitors. at first he wanted to fire them because they're union members. that's what republicans want to do. that's why -- megyn: you know what? here's an interesting fact, though, that our brain room pulled, alan, from the cbo.

apparently the unemployment rate among 16 to 19-year-olds back in 1963 was 6.4%. november 2011, 23.7%. >> yes. megyn: unemployed. >> do you know what the other side of that is? going to school and focusing on their education, that's why the numbers also show they're focusing fully on their education rather than going out into the work force. that's what that survey actually shows. megyn: that's true, mike, it does. the information is the change that appears mostly to effect the long-term increase in school enrollment -- >> what it shows is -- megyn: but, listen, i mean, back in the day did we do it all? did we both enroll in school -- >> yeah. back in the day, you bet. megyn: was that training for being good business people? >> back in the day we worked our butts off. nowadays kids are standing around at these occupy freak shows -- >> oh, here we go. >> and demanding entitled jobs. they want the riot in new york city because there's a

$300-a-year tuition increase. they ought to give up their expensive ipad or a couple of lattes at starbucks, and they could pay for the -- >> that's funny. mike is supporting the, hey, kids, get off my lawn party. megyn: okay. [laughter] >> newt is in touch with most americans, liberal democrats are not. >> that's why no republican is polling at more than, what, 30-something percent now even among republicans. they can't find a candidate that even reaches over 50% among republicans v. are you kidding? >> you've got one candidate. >> you can't even find a candidate. megyn: it's always feisty, it's always feisty. we love boast of them. alan, mike, thanks, guys. >> take care. megyn: we told you the other day about smartphones possibly tracking your every move. now we're hearing wiretap laws may have been broken. really? new fallout. and you heard the heartbroken mother of a family speak with us yesterday. this woman down in florida, after she went missing after an

episode of "people's court." i've got my hands on the autopsy report, and we will show it to you and discuss it when judge alex joins us right after this break. >> until it happens to to you, you just really -- i know that every mother in the world who's ever been touched by this story, you understand you're going to do whatever you can to find your child if it's within your means. [ male announcer ] at scottrade, you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

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and is also proven to slow plaque buildup. [ female announcer ] crestor is not right for everyone. like people with liver disease... or women who are nursing, pregnant, or may become pregnant. simple blood tests will check for liver problems. tell your doctor about other medicines you're taking. or if you have muscle pain or weakness. that could be a sign of a rare but serious side effect. is your cholesterol where your doctor wants? ask your doctor if crestor is right for you. [ female announcer ] if you can't afford your medication, astra zeneca may be able to help. megyn: fox news alert, we are just getting this across the wires, that herman cain's presidential campaign is expected to make a, quote, major announcement in georgia on saturday. this is, this is being reported by nbc news, that herman cain's presidential campaign will make a major announcement in georgia on saturday. we had previously been told that he was going to go home, he was going to talk to his wife about the recent allegations and the status of his campaign and then

make an announcement on monday. now we hear it will be on saturday. in georgia where he lives. so we are awaiting live remarks from the candidate moments away. what will he say? will he telegraph to us at all where he's leaning, how he's likely to come out on this? all of america waiting to find out whether herman cain who was once the gop contender will stay in this race at all. will he even hang on until iowa which is on january 3rd? we may find out, at least a hint or a forecast, momentarily as we await this town hall. we will bring you there when it starts with herman cain. in the meantime, troubling new information on the prime suspect in the disappearance of florida mom michelle parker. michelle went missing 15 days ago, the same day her taped appearance on the popular tv show "the people's court" aired. the episode involved a dispute between michelle and her ex-my san yea, dale smith. now we're learning more about

the death of one of the dale's previous wives. judge alex ferrera is a former circuit court judge, this is all happening in orlando, and he's host of the show, "judge alex." thanks so

. >> i don't know if he's the one assisting her to the bathroom, if he dribbles her on the way there, what, we don't know that. unfortunately, most of the evidence on that is gone. but given all of the other evidence in the case, this starts to look bad. i sympathize with the judge who had to decide cuty because a lot of these things happened a long time ago. he was involved in an assault on a man that ended up being killed. he was one of a group that was beating the guy down -- megyn: and he served some time for that. >> he did. it happened when he was 19, so the judge has to go this was 20-something years ago, you know, obviously, at that time no

court would say, and, by the way, you're not to care for children in the future. that would never be a punishment. megyn: but now you've got a guy who's got a criminal record, he's been arrested more times than this, but he actually was convicted when he was 20 and went to jail for a time for battery. then back in 2000 this wife, you know, died a couple years later, but prior to her death he, there was some domestic charges against him of domestic violence in 2000 -- >> he's had that history all along. megyn: right. and the reports are that he attacked her, he dragged her out of the apartment, slammed her head against a staircase, this was the second wife who wound up dead from an alleged ec ecstasy overdose. michelle parker testifies about his violet history with her -- violent history, and now she's gone missing on the very same day of her episode in "people's court" goes on national television. doesn't that give a judge -- you were on the bench in florida. wouldn't that give a judge down

there pause about returning two 3-year-old twins to this guy? >> more than pause. i will tell you this. the law in florida is very strong in favor of parental rights, and a parent, you know, allegations, accusations, suspicion only get you so far as far as taking kids away from their parents. i, frankly, lean the other way. if i have a problem and a concern about a child's safety, i bend over backward to get the child out of the situation and let the appeals court reverse me. i can live with that. megyn: yeah. >> however, what the law looks at is convictions. if he's been convicted -- and i don't know this -- if he's been convictioned of even a misdemeanor, then that whole sole custody issue comes up, that the wife, the mother of the children is the parental sole custody decision. megyn: obviously, these allegations came up about domestic battery and the ex-fiancee, michelle parker, made them publicly on "people's

court," and the family has attested to this as well. what i want to ask you, is the guy's been named the prime suspect, doesn't the judge have to worry about a man feeling desperate and doing something to those little babies? they're 3-year-olds. >> don't get me wrong, i am highly suspicious of him, but i'm highly suspicious of everybody. frankly, i don't trust you that much, megyn. megyn: wow. [laughter] >> bottom line is -- megyn: thanks. >> a judge is certainly going to be suspicious of him. i, personally, would have required more investigative information to be brought forward. but the thing is a judge would love to sit there and have the police come forward and say, judge, we call him a prime suspect -- which is important. they don't do that for no reason. megyn: yeah. >> this is what we have, but the police will never turn over that information and jeopardize the investigation. megyn: judge alex, i forgive you. thank you so much for being here. herman cain just started his

town hall meeting in south carolina as we get word that he's going to make a major announcement tomorrow, we'll be right back.

megyn: fox news alert, herman cain expected to announce a major shakeup this weekend. about to begin a brand new hour here, welcome to "america live" again, everybody. herman cain just started his town hall meeting in south carolina as we get word from one media outlet that he will be making a major announcement in georgia tomorrow. mr. cain is scheduled to open a campaign office there, and this may be some media overreaction. we're going to take a listen to the some of his remarks. again, we'd been expecting an announcement from his campaign on monday after he spoke to his wife, gloria, over the weekend, he they were going to talk about the affair allegations, etc., and his campaign, and now we

hear it may be as early as tomorrow. let's listen in to the candidate, see if we can figure out what's going on here. >> how do we survive. because even though the american business community has eked out some more productivity to stay alive and to keep the people employed that we do have, there comes a point where they can't eke out any more productivity, they need some fuel in the engine of economic growth which is the business sector. and that's why i proposed a bold plan, the 9/9/9 plan. you saw the movie earlier. 9/9/9 will be the biggest shift of power out of washington, d.c. back to the people since this country began. [applause]

and do you know why the critics, there are critics on both sides of the aisle, don't like 9/9/9? because you like it. [laughter] that's why they don't like it. because they know that if people like it, they're going to demand it. and when they demand it, that means that they understand it. they don't want to give up their power in washington to decide who gets loopholes and who doesn't get loopholes. let me tell you something about 9/9/9, everybody gets the same loopholes; none! [applause] what a novel idea. everybody gets treated the same. so peace through strength. all of the countries in the world that do not like us, they respect only two things. our military strength and our

economic strength. that's it. they might have a different way of life, they've got different ideologies, different beliefs, but during one of the debates senator santorum said that we must make pakistan our friend. you can't make any nation in the world your friend, but you can make them respect you if you have military and economic strength. [applause] respect is what we can make them do. [cheers and applause] and when it comes to moral strength, that's how this nation was founded. on moral principles that inspired the declaration of independence. moral principles inspired that document. which then inspired the constitution of the united states of america. but yet we've got people in this

country who are trying to take god out of our culture. they're trying to make you think that it is politically incorrect to talk about god. well, i'm going to be politically incorrect for a moment here. [applause] when i grew up -- [applause] the three guiding principles that my parents taught my brother and i, belief in god, belief in yourself and belief in the greatest country in the world. [applause] they're trying to take it out. i was watching the u.s. open, it was either last year or the year before, i don't remember which one, but i'll never forget -- i don't even remember who won, but i remember this introduction where they had some young kids sing the pledge of allegiance. and i happened to be sitting in my favorite recliner in front of the tv right next to the kitchen and the kitchen table relaxing, and my wife was cooking sunday dinner like she normally does on sunday afternoons if she hadn't

already cooked it on saturday. you know how you southern belles are. you don't wait until sunday to start cooking sunday dinner. and so they were showing this intro of the pledge of allegiance with some kids saying it. young kid saying the pledge of allegiance, and it had background and flag waving. when they got to "one nation ..." there was a pause. when the kids came back it said indivisible with liberty and justice for all. i said to my wife, you hear that? and she said no, i'm cooking. they left out "under god." she said maybe they just made a mistake. megyn: herman cain addressing

folks in south carolina. originally we heard to make a major campaign announcement monday. now another news outlet reporting that it will happen tomorrow. .that sound to you like a man about to drop out of the race? carl, what's going on? >> reporter: it doesn't look, based upon the actions that they have taken this week. cain's advisors have been going into campaign headquarters telling people it's full steam ahead and cain is not going to quit. his campaign manager said there is no way he's going to quit. he's running an ad in iowa that just started today. so all those things suggest that he's going stay in the race. however, it is the case that he

said he would talk to his wife tonight in atlanta. he has an event scheduled for tomorrow. it all seems to suggest that he might stay. he said himself that it's taking a toll on his family and that consideration might lead him to decide to drop out. there i a des moines register poll that says his numbers have dropped to 8%. and his fundraising is slower than it was at the top of his zenith in the polls. he has a steep hill to climb. megyn: you have been covering politics for as long as you have been an adult. i want to ask you what it means when a candidate says he's reassessing his candidacy. then tell us what he decided. >> reporter: we have a lot of history with campaigns that had problems whether it's personal issues and/or public policy

issues or clear out drops in the polls. in republican politics you can't win the nomination in the last five or six cycles without having suffering a huge setback and recovered from it. so mr. cain if he continues to fight against it and decides ultimately to stay in the race, the crater he has suffered in the polls is the kind of thing that ultimately if he can recover from it will be an illustration of this strength and sustainability. but on paper it looks difficult for him to come back. his organization has been atrophying, his fundraising has decreased and his poll numbers continue to fall. the "des moines register" poll suggests herman cain has taken a real hit in the first caucus state. he's down to 8%. it looks like he's in serious trouble. megyn: is there any reason for

him to drop out tomorrow or monday versus just rolling the dice and seeing how things go in iowa. we are about a month away. >> reporter: the truth of the matter is, when cane goes to these rallies he, getting enthusiastic support. lots of fans are encouraging him not to bow to a smear from the media and unnamed conspirators. if he does have enough mobby to continue to campaign and if he draws enthusiastic audiences. that for mr. cain is a perfectly good reason to continue the fight. this nomination won't get wrapped up in january. gingrich and romney have a lot of resolution yet to come. rick perry has launched an important ad in which he talks about his faith and says he's

not ashamed of it it's an ad returning in iowa. the evangelical vote is hook in iowa. mitt romney's mormonism isn't popular with evangelicals. megyn: as ed roll rollins is point out. it will be a longer contest than what we saw with obama and hillary. this could go on for months. it's going to take money and take drive. carroll we are at the beginning of the beginning. megyn: seems impossible, but it's true. campaign carl cameron, thank you so much, sir. with all these challenges can mr. cain pull himself out of this thing gracefully in we'll be joined by former south

carolina governor mark sanford in 5-7 minutes. meantime we have an extreme weather alert. school is closed. the power is out and the damage is done as gale-force winds pound the pacific. a quarter million people living without electricity in california. students in the san gabriel valley home from school. wind gusts topping 100 miles per hour in some places ripping up the landscape like a hurricane. >> reporter: we have seen some of this damage before after hurricanes. the good news in california is the winds have gone away. but the bad news is, look at this yard. this pine tree was ripped out of the ground. more than 1,000 trees are down, many of them into homes and schools. we got out and we can show you some of the cleanup crews.

take a look at what we found. as the winds die down in pasadena and alta dena, crews are coming through and finding this, piles of branches. some have been pulled over to the side of the road. they have a crane that tosses it in the back of the truck. work crews are on the ground bringing down loose branches. cleaning up the best they can so they can get traffic back open. you will see some of these trees that have been taken down. we are talking about a foot and a half, 2 feet in diameter snapped like twigs. the good news, the winds are done. the bad news is it will be a long time before this is cleaned up. as you drive through this part of town see street after street like this. the good news is this tree came down and took out the corner of the house. everybody inside is safe. this is not a small tree. these things are toppled

everywhere. we drove over to get something to drink, and it seemed every single street, even the high school in pass deana had massive -- school in pasadena had trees down. they have a long time ahead of them before these are fixed. the good news, it didn't fall into the house. megyn: wow, adam, thank you. the may be over, but they are not out of the woods yet. janice dean our meteorologist live in the fox weather center. >> reporter: look at the update from yesterday. the same time yesterday. 140 miles per hour sustained winds at the top of mammoth mountain, california. they are thinking 160-170-mile-per-hour gusts. that's a category 4 hurricane. steam boat strings, colorado, 123 miles per hour.

very widespread. not just a southern california events. arizona, utah, colorado. we are expecting winds to gust again heading into saturday and sunday. so winds in excess of 30-40 miles an hour. so not the major wind event that we saw yesterday. but we are expecting the santa ana winds to pick up again. that's not going to be good news because the trees will be projectiles. there is the storm system. we are going to see some moisture being picked up in the gulf of mexico. this will bring a snow event and freezing rain and ice events to portions of texas and oklahoma. the storm will eventually move eastward making it to the northeast by the weekend. megyn: on capitol hill a new plea for a project bringing millions much barrels of oil and jobs to america. it involves the keystone all

pipeline. president obama decided to delay making any decision on the proposed project until after the 2012 elections. jim angle live in washington with the update. >> reporter: the administration decision to postpone the final decision pleased environmentalists while angering unions. they say the am not just a pipeline, it's a lifeline for workers. >> we believe the benefits of this pipeline are too many to allow it to be derailed by environmental extremists. the keystone xl will create good-paying jobs in the united states and canada. >> the u.s. is experiencing the biggest economic downturn since the great depression. >> reporter: the unions argue 20,000 direct jobs will be created and 115,000 indirect jobs from suppliers and the

like. one official. environmental protests that it would pass through a sensitive area of nebraska. nebraska agreed to move the pipeline and is studying a knew route. house republicans want legislation to take the decision away from the white house and the state department and gift instead to a federal agency that deals with pipe lines. the federal energy regulatory commission. >> remove any decision making from the state department and the president. they don't have to pick between friend now. >> reporter: republicans argue the administration is trying to delay choosing which constituency to anger, the environmentalists or the unions. >> we should be reducing our oil dependence and using cleaner

fuels. but keystone is a big step in the opposite direction. >> reporter: officials say it would offer the u.s. a stable supply of oil from venezuela. but many democrats want more study. megyn: you heard the breaking news on herman cain, the presidential candidate will make a major announcement tomorrow on whether he will stay in the race for the white house. governor mark and fore, the former governor of south carolina joins us in three minutes on what the cain campaign should do next. the president's entire reelection effort may come down to just one group of voters in just one state. it happens to be the same group he accused of quote clinging to god and guns. the shocking conflict between the which dove a national guard soldier and the u.s. military.

her husband dying of a heart attack after a grueling day of duty. but the military denying her benefits because of where he died. >> he's buried in a national cemetery and his funeral bill is not covered. there is a death gratuity payment. they are helping my children in college. things that are worth the fight. . . but when it's hard or hurts to go to the bathroom, there's dulcolax stool softener. dulcolax stool softener doesn't make you go, it just makes it easier to go. dulcolax stool softener. make yourself comfortable. align can help. only align has bifantis, a pantented probiotic that naturally helps maintain your digestive balance. ♪ ooh baby, (what) can i do for you today? ♪ try align today.

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insured through unitedhealthcare. and don't pay more. just get more. the annual enrollment period has changed to october 15th through december 7th. so call unitedhealthcare now. megyn: fox news alert. herman cain expected to announce a major shakeup this weekend. we have heard him say at this town hall that he does have an announcement to make in georgia tomorrow. saying in pun he will make a major announcement and that it will be in atlanta and that he wasn't going to be forced to make it prior to tomorrow in atlanta. so what can we expect from the

cain campaign? we don't know for sure right now. but you heard political progress nastycation on both sides. joining me now former south carolina governor and fox news contributor mark sanford. you know, it's -- i asked carl cameron this, what do you expect when you have a candidate coming out and saying i'm going to reassess, i'm going to sit down with my family, projecting this for a week. fundraising starts drying up, people aren't going to donate to somebody reasession versus definitely in. what do you expect tomorrow hearing all that? >> i would expect to see he's probably going to call it quits on the campaign. i don't know that any more than you know that. but i think at the end of the day all these campaigns ought to be bigger than any of us as candidates. ultimately they are about ideas.

i think as a candidate and a campaign you have to assess is staying in going to help or hurt. and i think that's what he has to go through this afternoon and evening. megyn: our viewers are probably familiar with the fact that you found yourself the focus of intense media scrutiny when it was found you had a rip outside of your marriage when you were governor. do you think herman cain can recover from that? he denies it. he denied he has done any of these things. do you think if he chooses to stay in the race and continues the denials that he could recover from that and could become the gop nominee? >> i take two cuts at the apple. only one side you would have to say, campaigns are short-lived

experiences. they are quick and stuff is always coming out. you can say, i think i will help the ideas that i believe in by staying in. but you have got some time. in a campaign you don't have that luxury of time. we have less than a month in iowa and a whole host of primaries after that. i think the question is, does perception become reality in the world of a campaign. if you can't vindicate yourself very quickly all those support sources dry. but if all this is false, then i think there is a level of moral outrage when he would say i don't care, i'm charge ahead. >> if he drops out where do you think this supporters likely go? what they are telling the pollsters, his poll numbers have taken a nosedive. they are telling us they have gone to newt gingrich.

but he has a number of supporters sticking with herman cain. who do you anticipate that will benefit? >> i think a lot going on in terms of how things fall out. but i think rick perry is the biggest beneficiary of what may or may not happen with herman cain. megyn: why do you say that? >> i say that because if you look at romney's numbers, they have been fairly consistently capped. the conservative side of the party has been consistently looking for a candidate. you have michele bachmann, rick perry. each has come and gone. but we have had a long number of months to look at those candidates and i think it's

probably going to go to somebody who is in the top tier status. but he has a whole move scrutiny to go. guy molinari has come out with terrible things to say about gingrich. ron paul has put up a video ad that look at flip-flops of gingrich's. if gingrich can sustain them i think he's the nominee. if he can't, the support goes to perry. i think the republican primary will choose somebody from the right side of the quadrant given romney's fairly static numbers. megyn: some of those things may be playing into herman cain's mind when he decides whether the

voters will come back to him. listen to what he said moments ago. >> i'm reassessing because of all of this media firestorm stuff. why? because my wife and family comes first. i have got to take that into consideration. i don't doubt supportive. we have to look at what happens to contributions, we have to reevaluate the whole strategy. tomorrow in atlanta i will be make an announcement. but nobody is going to get me to make that prematurely. that's all there is to that. megyn: chris stirewalt wrote a piece suggest the longer herman cain stays in, the better it is for mitt romney because it's another conservative that will have do compete with newt gingrich. we have 10 second to the heartbreak. quick thoughts. right or wrong?

>> time will tell. megyn: perfect. got to leave it there.

megyn: we just got conflicting information in on presidential questioned herman cain. we heard reports an hour ago that he was set to make a major announcement tomorrow in atlanta, georgia. that was news because originally he was going to make the announcement monday after he talked about things with his wife gloria over the weekend. he just came out and spoke to the issue. we'll play you those remarks in two seconds. as he made these remarks. the what chairman of his campaign tweeted out the following. saying no official announcement on herman cain's plans yet.

that's what steve grubbs just tweeted out. but listen to what his candidate just said. >> i'm reassessing because of all of this media firestorm stuff. why? because my wife and family comes first. i have got to take that into consideration. i don't doubt the support that i have. just look at the people that are here. we have to look at what happens to contributions and we have to reevaluate the whole strategy. tomorrow in atlanta i will be make an aouncement. but nobody is going to get me to make that prematurely. that all there is to that. megyn: we'll bring you more details when we get them and if we get any versus not on what it is you will hear it on fox news.

one arkansas widow is getting new help in her fight to get her late husband's military death benefits. he died at home and urnt current rules he's not eligible to get those benefits even though he had been on duty at that time. jennifer griffin is live at the pentagon with this one. >> reporter: captain luke was on a two-day training mission with the arkansas national guard. we have copies of his orders. according to his family he came home that night to sleep at their greenwood, arkansas home. 12 miles from fort chafee. his heart stopped, he died. he was 34 years old. the father of four kids. he deployed twice to iraq and was given the bronze star for bravery and meritorious service.

>> he was an amazing man. he was a very good soldier and remarkable leader. to us he was the love of my life. father of our four children. and i want them to do what's right. i would like them to not only give me and my four children the benefits that my husband died for. i would also like them to change the ever -- change the verbiage so no one has to go through this. >> the military was happening the family for three weeks after his death. suddenly that officer was withdrawn and she was told she wouldn't be give up any benefits because technically he died at home. payment is only authorized for reserve soldiers who die during inactive duty traininger to

while traveling directly to or from such training. arkansas senator mark pryor proposed an amendment to tighten the change willing. that passed yesterday in the senate. >> i'm fighting for him and his family and others in a similarly situated circumstance where we clarify that when you are on orders, when you are doing your national guard training you are entitled to the benefit wherever you happen to be laying your head down that particular night. >> reporter: miranda and her four children are waiting for a decision from the army and hoping they will change their minds. megyn: coming up, more on the herman cain story. plus a second grade teacher horrifies a classroom of children by announcing the clearly false information that santa doesn't exist. should she be penalized for

this? that's on the docket in today's "kelly's court." this little guy was mission for days. the owner took to the streets bearing it all. the new unemployment rate is out. but that number may not tell the whole story. the numbers we are about to show you do. where the nation's economy really stands in three minutes. >> we don't make much out of one month's numbers. we look for trends. and we know we have an enormous amount of work to do.

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earn points you can use for travel on any airline, with no blackout dates. megyn: a closer look at the snof job numbers released today. the unemployment rate has fallen sharply to 8.6% from 9% just last month. employers added 120,000 jobs last month. the bad news the drop is said to be largely because 300,000 quit looking for work. right now more than 19.pay the the -- 19.8 million americans would go to work tomorrow if they had a shot at a job. our chief white house correspondent ed henry is live at the white house. >> reporter: there are a lot of mixed numbers. the bottom line in talking to

senior white house aides off camera, they will take any good news they can. with the unemployment rate going down. beyond the statistics there is a psychological factor with the american people to get that under 9%. but they are careful to note off and on camera that tase.% -- that 8.6% is still too high. basically clinton says what he sees in these numbers is 21 consecutive months of private sector job growth but he wants to see more, that's why he's pushing congress to pass a payroll tax cut extension. >> we are pushing congress to see this happen. now is not the time to slam the brakes on the recovery. it's time to step on the gas. >> reporter: the president warned he will keep them in session through christmas if need be to get this extension

passed. when you look at the numbers just mentioned. by a 3-1 margin, more people leaving the workforce than entering the workforce, even though the president got a lot of other policies. carney's response was the president prevented a great depression and they believe congress needs to pass small, medium and large initiatives in order to have insurance here against what's happening in europe not spilling over here making the economy worse. megyn: a new report says the president's reelection effort may come down to one group of voters in pennsylvania. they are the same group of voters when he was talking about when he said this during the 2008 presidential election.

megyn: joining me now for a fair and balanced debate. david west, sally colmes, founder of. all right, guys. thank you for being here. the suggestion is that white working class voters in particular in the state of pennsylvania are critical to him because he has to win pennsylvania if he wants to win the presidency. >> he has to within pennsylvania, michigan, ohio, he has to win former rust belt states an has to find a common enemy to join with him and say

the other guy is worse. if he does that, he wins. megyn: he has been painting republicans as favoring the rich and not protecting the middle class and the poor. but right now only 30% of working class voters favor him. >> what will probably be the bloodiest political campaign since 1980. >> i'm not allentown, pennsylvania. the reality is the voters in allentown voted -- they aren't stupid. they know the economy was going sour long before obama took office because the policies pushed by republicans. they realize it will take a while to get out of this hole. they realize the candidates who are being run off -- megyn: 32% say he deserves

reelection. >> people are frustrated and they should be frustrated. it's a bad economy. but the disapproval ratings for republicans in congress and republicans in general are even higher. they are in the tank. but the question is whether that will tar the gop presidential nominee. will these folks in allentown, pennsylvania, these working class voters in pennsylvania prefer a mitt romney and newt gingrich to a president obama? >> in order to look at this you have to take the party labels out. i have done a lot of work. it's a libertarian leaning state. you have got a governor who is a republican. both houses that are republicans. the republicans control 54 of the 67 counties it's a libertarian state that leans

toward less government. this isn't philly. go out to western pennsylvania and go west on i76 and get to the suburbs outside' pittsburgh, those are the areas where you find this. megyn: last time around president obama won pennsylvania even though he made those remarks about the clinging. it many not like they didn't know about those remarks. that was a big deal in that campaign. why are we to believe it' not going to wind up the same way. he could still win pennsylvania? >> he could win pennsylvania. the sportsmen, the blue collar people and older people. pennsylvania is the most rapidly aging state in the country. my money is on barack obama in that state. you go out i76 and you see the

billboards from the coal industry and look at those areas. those are voters, too. they have turned and again that libertarian streak is stronger. >> the same question as southern ohio. it's like the sold johnny carson show, whom do you hate more. whom do you trust more. the facts are -- >> i disagree on both levels it's a democrat-leaning state. and frankly ... in terms of registration. the larger point is let's go back to the sentiment it's not the clinging part of it, it, the bitter part. the frustrated part. they want to see a president who hasn't been in touch enough with that frustration and anger because they are -- people in my town in allentown, they are devastated.

the economy has been going bad for a long time. we lost steel to over -- steel to overseas. they want to rebuild the me to work for working people. >> i'm notr not sure. the other side of this is simple. western pennsylvania. a place, they keep flipping the government over. they love to hate people and hate taxes. it's a great place to hate. >> i thought we were the keystone state. >> that libertarian streak. i testified in pennsylvania, four different organizations. state legislative meetings. small government, and they don't like the fact that they are being told how to live their lives. you insult independent when you bring that ro that, gods and

guns and religion. it was a different climate. megyn: thank you also much. he's making a list and check it twice, and santa is about to find out one elementary school teach was not so nice. the science lesson that may get her a lump of coal in her stock and certainly in "kelly's court." last throw, prce.

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megyn: "kelly's court" is back in session. the grinch who stole christmas right from the classroom. second graders in new york

learning about the north pole, natural are you kris kringle comes up in the course of the conversation. but the teacher leaves a heaping mound of coal in the children's stockings, telling a roomful of 7-year-olds that santa is not real, and she told them their parents are the ones putting presents under the tree. now there is an angry army of parents who are outraged. should this teacher be disciplined? joining knee now former possible cue eastern cohost of "the five." kimberly guilfoyle and jonna spilbor. this is not the first time a teacher has taken to a roomful of students and told this out and out lie about santa. i want to get that straight. we'll engage in a theoretical discussion if she could have been right. but we all know there is a

teacher and i don't know why this teacher said what she said. should she be disciplined? >> i think she should. it's not her responsibility or job to say things like that. the fact that she did this shows she is a mean spirited angry person. i think this is very inappropriate and damaging behavior that she engaged in. megyn: jonna, let's just say in a hypothetical world. this is pure speculation and fantasy, that there is not a santa. that's -- that the teach wear she said was in some way true. would that defend her if the cool did want to discipliner in the favors these parents' outrage? >> it would. let's put it in perspective. i have never known an 8-year-old to require long-term therapy to find out that santa shopped at

target and drives the family minivan. megyn: you haven't met the audio guy named moses. he's having problems to this day because of this. a certain anchor on this set is still not over some information that was shared with her many, many years ago. >> i still believe in santa. my father once told me there will always be a santa for as long as you are loved. therefore i'm going to believe in santa forever. but what this teacher did is not something she should be disciplined about. she apologized and retracted. megyn: too late. we have seen teachers thrown urnlgd the bus for doing this. forced to write formal letters of apology. forced to sit down with the students. examined by the school board. look at what it says. believe. who is it for this teacher to take that away? >> don't throw her under the

bus, throw her under santa's sled. that's what she deserves. i don't like what this lady did at all. every day i dress up on christmas eve in my special outfit for santa to come down the chimney. i'll be waiting for him this year, too. if you know what i mean. this teacher -- megyn: is there any way anybody could sue over this. we talk about intentional infliction of emotional distress over less than this. could there be a civil lawsuit? >> this is america, you could bring a lawsuit and say you have some kind of damages, emotional suffering and need counseling because of this and would i get an injunction against her so she couldn't damage about the tooth fairy. >> the kid sitting next to somebody who believes in santa who celebrates hanukkah will say santa who? that can't happen. >> we are going to show you a picture after woman who tried to

find her dog using an outfitiv like kimberly's christmas outfit. that's next. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. try bayer advanced aspirin. it's not the bayer aspirin you know. it's different. first, it's been re-engineered with micro-particles. , bayer advanced aspirin. test how fast it works for you.

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♪ how much is that doggy in the window ♪ ♪ the one with the wagglely tail ♪ megyn: what lengths would you go to if your dog was mission. one woman's efforts apparently paid off. >> reporter: this is called thinking outside of the box. if you ever had a pet who has run away from home. you would do anything to find him or her. let's meet ash -- meet arlene. she is a student at merks sa

college. her pet chihuahua went missing. so this is what she did. she stood outside on the street corner wearing nothing but a bikini over six days. she realized she would get more attention this way. >> i'm willing to freeze and starve outside in my bathing suit until i get her back. >> reporter: megyn, here is the kicker. arlene's freezing and suffering paid off. her dog has been found. $young arlene has her doggy back. someone who saw arlene doing her "sports illustrated" swimsuit thing knew of the woman who found the dog. arlene says she is getting her dog i am planted with a microchip so if she runs off again she won't have to strip down to her beach attire. megyn: can you imagine the

disappointment of the men in la jolla when the dog was found? the massive military base in baghdad known as camp victory changing hands. what it means for our troops and the iraqi people. a live report from the scene is next. [ male announcer ] in 1894, a small town pharmacist set out to create a different kind of cold remedy using powerful medicine and natural ingredients from around the world. he called it vicks vaporub.

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>>megyn: watch this video the catch of a lifetime caught on tape. extreme frisbee. first the view from the bridge and then from the boat. >>megyn: that was