dealing with oil companies that break the law we'll play the comments and let you decide. jenna: some wondering about the strategy given plaintiff biden's colorful history so to say with speaking in public. we have a fair and balanced debate up ahead. jon: that's a big deal. plus a big battle over plan b emergency contraception. how young is too young for girls to be allowed to use it. 11, 15, 17? the case is heading to federal court. it is all "happening now." jenna: we have a lot of great stories for you today and we're so glad you're joining us. we're going to start off with this one of the the government's environmental watchdog at the center after brand new controversy. thanks for joining us. i'm jenna lee. >> i'm jon scott. comments from an administrator in the environmental protection agency how to keep energy

companies in line. those are raising eyebrows this morning. he outlined his philosophy enforcing environmental regulations on oil and gas producers in his region by using what he admits was a quote, crude analogy. >> oil and gas is important priority. jon: those comments made

back in 2010 by al armandaris an obama employee. in a statement he responded to fallout saying quote, i apologize to shows i have offend. and regret my poor choice of words. it was an offensive and inaccurate way to portray our efforts to address potential violations of our nation's environmental laws. i am and have always been committed to fair and vigorous enforcement of those laws. but oklahoma republican senator james inhofe already plans to investigate the epa's tactics. could there be any fallout in an election year? fox news digital politics editor chris stirewalt is host of "power play" on foxnews.com live and joins us now. this apology came very quickly after these remarks were exposed. clearly his agency or a man dairies himself not not

happy what he said. >> certainly not, jon. situation for obama administration in election year, the epa is already controversial agency. it is already one of the top targets for republican mitt romney and republicans in the senate like inhofe. the problem is when you have awed -- audio like this that sounds like it is confirming the worst accusations republicans are making about the administration as it relates to oil, natural gas, energy prices and things like that, that is a big liability. jon: and to use a term like crucify, i mean the story, has been out since 2010. i guess when he made those remarks but to use a term like that right after easter, that shows some, well it's turning a lot of heads shall we say. >> it's turning a lot of heads and remember a good rule of thumb in politics is, if you feel moved to use the phrase, this is a rough analogy or is this a crude, you should probably just stop talking. in this case, what he said, other than using the phrase crucify which is very significant for america's christians, but also talking

about the capriciousness of it and how you make an example out of certain people, the way the romance did with their subjects in newly-conquered territories that is not what you want to talk about because what the administration and what the agency wants to emphasize that they're fair. they may be tough but they're fair. he sounded like he was being cruel an capricious. jon: at a time when oil and gas prices or at least oil prices have been spiking in this country it doesn't seem like a good time be using commentary like that. let's turn to some brand new fox polls just out, chris. first on president obama's job approval rating. more registered voters disapprove than approve of the president's performance by a margin 51% to 46%. that could be tied to how they feel about the main issue on americans minds. the economy, 83% think we are still in a recession. that doesn't bode well i guess, these numbers for the president's re-election prospects. >> no incumbent, jon, would

ever want to start out there, basically 28 weeks of a general election. no incumbent wants to start out in a dead-heat with their challenger. that is not where they want to be. most re-election cycles they will give points back. before they're done you will lose some points of the president obama has not yet opened the lead he needs to suffer a little erosion. what we're talking about in that fox poll is essentially the 8% of the electorate undecided right now, which way are they going to break and the president knows that he is probably not going to get the majority of them and that makes this situation especially on the economy, somewhat perilous. jon: those who responded to that poll were also asked this follow-up question. if we are still in a recession is it getting worse or getting better? there you see the numbers, 35% say it could get worse. 48% say it is getting better. that is not a great margin either. >> no. what the president is hoping for and what the democratic party is hoping for not that

there is going to be robust recovery, that number, percentage of people you identified that things things are not great but may be get better that number grows and gets higher and higher they could make the central argument which is this, the economy is not where we want to be but the situation is very dire we're on the right path to fixing it. they need to make the argument. because mitt romney the whole point of his candidacy he says he is the turnaround guy who can get the economy going in the right direction much faster. jon: we'll talk about what mitt romney is saying with a guest later on this hour. chris, thank you. >> thank you. jon: special edition of "power play". chris you might knots is not his usual location. he is live in georgetown university. catch it beginning 11:30 eastern time. jenna: stirewalt back in the classroom. jon: the professor. jenna: homeland security secretary janet napolitano

was grilled yesterday on capitol hill. senators on the judiciary committee challenged her to reconcile the image of agents who protect the president's life with a dozen officers and supervisors implicated in this affair. leading the questioning? senate judiciary chairman patrick leahy of vermont. >> to your knowledge is this first timing is like this has happened or have you had reports of similar incidents in the past? >> mr. chairman, i asked the same question and over the past 2 1/2 years the secret service office of professional responsibility has not received any such complaint. over that same period the secret service has provided protection to over 900 foreign trips and over 13,000 domestic trips. so from that standpoint there was nothing in the record to suggest that this behavior would happen.

jenna: some interesting comments and context there. from the secretary. what does the agency's record really look like especially the recent record? doug mckelway live in washington with more. good morning, doug. >> reporter: hi, jenna. the answers are what you saw there are what we expect. the behavior is on the radar screen unless something goes very wrong. senator lindsey graham pointed that out. >> we're lucky to find out about this. if that had been an argument between one of the agent and i guess a prostitute for lack of a better word about money we probably would have never known about this. >> reporter: now there is information a new prostitution scandal may be brewing a reporter for a cbs affiliate in seattle, washington spoke to a u.s. government subcontractor on a trip to san salvador with the president in 2011. he claims to have been agent a group of secret service agents at a strip club before president obama ace arrival. members of the secret service advance team received sexual favors while

at the club and two took escorts back to their hotel. agents told the subcontractor and did it all the time and not to worry about it. when asked about the latest allegation, the secret service spokesman told fox news quote, the recent investigation in cartegna has generated several news stories that contain allegations from unname sources of the any information at that brought to our thanks that can be assessed as credible will be followed up in appropriate manner. as as far as the military personnel involved in the colombian scandal senator john mccain is expressing frustration that the senate armed services received yesterday on the investigation. >> they didn't even know what day the president arrived in cartegna. they didn't know whether the overall general in charge was in cartegna or in at the base in arizona. i mean it was one of the most remarkable experiences i have had. >> reporter: the case of the

12 members of the secret service implicated in the colombian scandal have now been adjudicated administratively. jenna. jenna: thank you, doug mckelway in d.c. today. jon: north korea likes to put on showy display of force with its soldiers and military hardware but now some doubts about that country's claims of military strength. rick folbaum has it live from the new york city newsroom, rick? >> north korea could be all talk when it comes to their military capabilities promising to defeat news a single blow. promising to reduce the government of south korea to ashes within minutes. experts say the technology the north has been showing off lately as proof of their firepower is nothing but a bunch of fake missiles, cheap mockups that wouldn't even make it off the ground let alone hit any targets. this latest embarassment comes weeks after north korea attempt ad rocket launch that wound up failing miserably. these missiles that are now being called fake were shown to the world after that

missile failure as part of celebrations for what would have been the 100th birthday of north korea's founder. the communist north is a mess of a country with the starving population cut off from the outside world. experts say even these phony missiles cost a lot of money to build, money the government could have spent helping north korean people. jon, back to you. jon: unbelievable. rick folbaum, thanks. jenna: another one of our big stories today, a new birth control bat until the works over so-called plan b emergency contraceptive. we'll tell you who the obama administration is blocking from getting it and groups getting ready to fight over it. jon: also what role is vice president biden ready to play in the presidential campaign. we'll have a fair and balanced debate coming up. jenna: plus the labor department wants to put a stop to kids rounding up cattle on horseback. we'll tell you about proposed new regulations and why the government says they're necessary for kids who work on farms. that's coming up. wanna know the difference between a trader and an elite trader?

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jon: a brand new birth control battle brewing, this time centering on the so-called plan b pill giving access to it to teens young irthan age 17. the obama administration says that's too young and blocked the fda from allowing it. it's a move that has angered a lot of pro-choice advocates. now two federal agencies are gearing up for a court fight over it. shannon bream is live in washington. so, shannon, those who favor abortion rights what kind of heat are they putting on the administration over this? >> reporter: jon, this is a fight that's been going on for several years. it will be back in federal court in new york tomorrow. primary case was brought by the center for reproductive rights. they say this administration has got it all wrong. they're calling them out

publicly. here is a bit of a statement from nancy north, the president of that group. medical and scientific evidence provides no rationale for age and access restrictions to emergency contraception. that didn't stop health and human services secretary kathleen sebelius to overrule a agency restriction for plan b. enough is enough. tell secretary sebelius stop playing politics with women's health. she says she is making decisions based on politics and appealing to certain voters out there rather than science. jon: what about the pro--life, side what are they saying? >> they say there is absolutely no scientific study that proves the morning after pill would be safe for young women. they are not blocked from getting pill. think to see a doctor first before they get it they say it is hard to believe that the pro-choice community doesn't believe the current administration is not one of their best friends. hear is the family research council. >> we heard to president obama at a group of people

fund-raiser for her husband that the contraception mandate was a huge victory and huge win. they're absolutely receiving pressure. many people believe, myself included that president obama has been the most pro-abortion president in the history of the united states. >> reporter: pro-life groups say they expect during this campaign season the president will promise more to those who are on the pro-choice side of this argument. if he has a second term they anticipate even more restrictions will be rolled back. jon? jon: shannon bream in washington. sort of relates to this next story we're going to be talking about, thank you, shannon. jenna: there is a theme about the safety of children. that's what we're looking at here. jon: how young is too young? jenna: how young is too young when it comes to safety in particular in this fight over capitol hill. why some lawmakers say the obama administration is going too far with new proposed restrictions to keep kids doing chores like rounding cattle on horseback or driving a tractor. we'll tell you why what is in the works.

plus why this decades-old cross in one small town is the focus of a very big debate. some locals there are talking tough. >> i think if they want it moved should come down here and move it themselves.

jenna: welcome back everyone. right now several senators are trying to put a stop to proposed regulations on farm work. the rules would restrict your children or grandchildren or neighbors from working on a farm or ranch and doing chores like rounding up cattle on horseback or driving a tractor or using a battery powered screwdriver. the labor department says changes are necessary because current farm practices are putting kids lives in danger. senator jerry moran introduced legislation to stop the labor department from implementing this legislation. we'll talk to the senator in

a moment. we'll talk to the director of chirp in the fields campaign at the association of farm worker opportunity programs. she is also a former child farm worker and norma, let's start there. what kind of farm work did you do as a kid? >> as a kid i got to do number of different crops, asparagus fields to on i don't know fields and cornfields doing detasseling. my family got to travel up north in different states like indiana, michigan, iowa. jenna: kids have been working on farms for decades and decades. why now. why do you think the restrictions are necessary now? >> these rules have not been updated in over 40 years. just last year the department of labor updated hazardous orders for nonagricultural work. it is a natural progression for them to take a look at farms especially because there are some kids getting hurt and even dying out there in those farms. jenna: so many kids like how many? >> well niosh reports between, between 1995 and 2002, 907 kids died on

farms. so that's well over 100 preventable deaths each year. jenna: do they compare to other type of work that kids do? >> we do know that agriculture is one of the most dangerous industries. it is right up there with construction and mining that is for everybody. and yet we don't allow for children to be out there in those other two industries but we continue to allow children to be out there in agriculture. jenna: some suggest regulations like this are a slippery slope. even with the best intentions some believe that it could be a real intrusion on family life. what do you say to folks say, listen, the government shouldn't be here, not on my family farm? >> well these rules actually do not affect the family farms. these rules are meant for kids that employed on farms by other employers. there has to be employer-employee relationship in order for these rules to apply. family farms, they are going to be untouched. children will still be able to do any type of work at any time at any age on their parents farm.

jenna: interesting. so now one farm worker who is now a college student, was telling "the daily caller", her main concern that 4-h clubs and ffa projects would not be the same because under this restriction they would not get the safety training and certification as part of these programs really popular in so many states. what would you say to someone like rosie who has those concerns? >> going back as i mention there has to be employee-employer relationship. children would be able to participate in 4-h and ffa and be able to do things like raise animals. concerning and regulating when it comes to children being employed on a farm. jenna: norma flores, lopez. nice to have you today. thank you so much for that perspective. >> thank you. jenna: we'll move on to senator moran who will introduce legislation to stop the labor department from implementing this regulation. interesting points norma brought up, senator. doesn't affect kids on family farms and some of the programs would still happen. so what is your issue with this regulation proposal?

>> norma and i certainly disagree about the consequences of this regulation, these proposed regulations and i would tell you while you introduce me as someone who introduced legislation that is true but we've been trying to engage the department of labor for a long time to have a conversation with me and others. i've invited the secretary to have a sit-down and have a conversation how life really works on farms across the country. in kansas and across the nation farming is a family opportunity. it's the way we're organized. it's the norm. and while norma indicates it doesn't affect family members, that is simply not the case. the department of labor has said that we're going to narrow exemption for family, for kids who are working on their own family's farms. then because of kind of the pressure we put on, we'll take a step back and repropose that rule but those issues are still out there. and so the department is interested, at least their initial regulations indicate they want to regulate the relationship between a parent and their child.

around also you need to know that many family farming operations are with uncles and aunts, grandparents. it's a neighboring farmer. it is a way of life. who more than parents are interested in their own kids safety. and when you talk about 4-h and ffa i don't have any doubt this raeglation doesn't ban 4-h and ffa but those are the programs we're currently using to kate young people to get training necessary to allow them to work on farms. we're replacing that with the department of labor. 4-h and ffa no a lot of about family farming operations than the u.s. department of labor. jenna: we reached out to the department of labor to get more information on that. we're awaiting responses to our questions. what do you think the real intent is here, senator? seems like you have doubts. what we know initially this was about keeping our children safe. you seem to have a doubt on that. what do you think is the real intention here? >> only one exception do i think it is something other

than trying to keep our children safe. people have sat down what can we do to make children safer and this was the solution. my point this is not the solution. we need to perhaps strengthen local high school agricultural programs. and incidentally the studies indicate, you can find a studies i suppose to support whatever pgs you want but even the study that norma mentioned, covered a wider array, people over 21 were included in that study. people who committed suicide were included in the deaths. individuals that were harmed in recreational activities, not in employment setting are included. >> sure. >> in my view those numbers indicate the magnitude of the problem. we want every child to be safe. again my point is who better than the local voag instructor and 4-h leader especially mom and dad to help make those decisions. if we don't teach kids about safety now and give them experience at say age 15 when they're under these rules eligible to come to work a few years later they will not have the

experiences necessary to grow into the job. the average age of a farmer in the united states is nearly 60. jenna: well-taken, senator. >> we're losing our opportunity. jenna: we look forward to talk more about it. proposed regulation. we found data on injuries and deaths for children only go back to the early 1990s. you're right there is challenges to the context for statistics being used. we look forward to having you back to talk about this senator. thank you very much. >> thank you for the opportunity. it's important. jon: vice president biden right now is giving a speech promoting his boss's foreign policy and taking shots at proposal by mitt romney. mr. biden often gets attention for his verbal gaffs. how will it go with him on the campaign trail as attack dog? a fair and balanced debate coming up. >> stand up, chuck. let them see you. oh god love you. and what am i talking about? i tell you what. you're making everybody else stand up, pal. his mom lived in long island for 10 years or so.

god rest her soul and, although she -- wait your mom, your mom is still alive? your dad passed. god bless her soul [laughing] ladies and gentlemen, the president of the united states of america barack obama. [applause] [bleep]. i'm really going to miss you.

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jon: vice president joe biden is in new york city this morning. you might say campaigning for president obama. he's attacking mitt romney's foreign policy during a speech at new york university right here in manhattan. the vice president saying quote, governor romney's tional security policy would return us to the past. we have worked so hard to move beyond. in this regard it is no different than what governor romney has proposed for our economy, taking us back to the failed policies that got us into the mess president obama has dug oust out of. get a fair and balanced debate on joe biden's role in the presidential campaign. gretchen hamel. public notice and general sockky former white house communications director for the obama administration. jen, is his foreign policy

record something he wants to run on? >> absolutely. the vice president talks about the strong and pragmatic leadership on foreign policy and national security issues and what mitt romney has to offer which we don't know a lot but what we know i have to say a pretty alarming. jon: what about things like iran and russia, maybe even north korea, gretchen? >> well you know, mitt romney has done his job to point out potential threats that are out there and biden, has irresponsible rhetoric saying that is backwards looking. it is a key responsibility to the commander-in-chief to identify potential threats out there and have an action plan put in place for them. that is not backwards looking. that is not going to old policies that is taking responsibility. jon: here is what the vice president had to say about a potential bumper sticker for the up come campaign. take a listen. >> if you're looking for a bumper sticker to sum up how president obama has handled what we inherited it is pretty simple. osama bin laden is dead and

general motors is alive. [applause] jon: jen, osama bin laden is dead. are we going to hear that from now until november? >> well, absolutely but you will also hear how the president ended war in iraq. more terrorists taken off the battlefield over last three years than in the previous eight and he rebuilt many of our relationships around the world that had taken a beating over the years before. jon: isn't it true, jen, that president obama ended the war in iraq on the timetable set by his predecessor, george w. bush? >> i think the president has been pretty clear since long before he came into office that he didn't approve of the war. that he wanted to bring our troops responsibly out and he has done just that. so he has followed through on his promise and i think that is something the american people really care about. jon: gretchen, what do you think about that bumper sticker? >> well, let's clear up some facts. yes he did bring the troops out based on timetable set during the bush administration. he killed osama bin laden because of some of the policies that he continued

on from the bush administration. and when it comes to taking terrorists off the battlefield. where did he put them? guantanamo bay, maybe. didn't he say that was campaign promise he would close the doors of guantanamo bay and he didn't do that. when it comes to the bumper sticker, osama bin laden is killed, yes. no one can argue that is a great success but it is success continued from other policies that were set forth in the past. when it comes to keeping general motors alive, a lot of americans question whether those were good use of their taxpayer dollars and national threat really lays before us is one of a national debt. you hear admiral mullins talk about that consistently. jon: with mitt romney poised to get the republican nomination it appears this campaign is underway in earnest. we'll continue to watch it. thank you both for helping us do that. gretchen, jen, thank you both. jenna: from that battle to a bitter battle in rhode island over the separation of church and state. an atheist group, calling this cross, a world war i

memorial unconstitutional. they say they want it moved. some of the community in woonsockket, rhode island disagree. >> i don't want to cave into the eight theist group. i just do not want to cave into them. >> they seem to be preying on the weak communities that can't defend themselves so they don't have the fund to do it. and, that is tells me what kind of people these people are. jenna: that money issue is a big one by the way. should the town be allowed to keep the cross? joey jackson criminal defense attorney is here and frred tecce former criminal prosecutor. neither are 91 years old from the looks of it. >> i'm closer than joey is though. i'm a lot closer. jenna: that is how long this cross is been standing in this town. it has survived multiple wars, a few pretty bad snowstorms. what is the argument to take it down now? >> here's the argument from a personal perspective the community should do what it

wants to do and that would be to keep it. there are legal arguments compelling that suggest it would be removed. here is what they are first amendment, and i know we have freedom of speech amendment but also addresses religion and speaks to issue of establishment clause and free exercise clause. establish religion as individual whenever you want and practice that religion. the problem here there is separation of church and state so. the legal test will be if this symbol is deemed to be an advancement by the government which sponsors, supports or endorses religion, and otherwise entangles religion into the government then it is problematic. jenna: fred, the town says this is not a religious symbol. it is actually a historical relic for the town. is that a good argument for them in this case? >> it is and i think when you call these people an atheist group, jenna, you hit the nail right on the head. joey is right, the first amendment doesn't allah establishment or endorsement of any type of religion. this is cross symbolizes the people of woonsockket, rhode

island died in world war i and subsequent wars. no different than crosses and jewish stars that ad down the headstones of countless headstones in arlington national cemetery. our government, our country is full of religious references. the president of the united states puts his hand on the bible when he gets sworn in. you saw joe biden in a clip talk about god bless his mother. these people would seek to ban all of that. and quite frankly i think that is inappropriate. and that is not what the first amendment is for. jenna: you both make great arguments, fred go back to you on this one. hear is the situation in the town. it is nearly bankrupt. even if this goes to court, they say they just don't have the fund to fight it. so, fred, what are their options? >> they don't. they don't have the fund to fight it. they have made that very clear. they, like most of the towns across america are flat broke. this unfortunate. they have a lot of options. quite frankly they could sell it to somebody for a dollar. put it on private property and case closed. jenna: joey is that a way around it? >> interestingly enough

absolutely is the issue is the government's entanglement into religion. move it on private property as fred suggests case closed. >> do you have to move it or say this little square part of land is now suddenly private property even if it is in the middle of a street and anyone can buy it? >> technically conveyed and now deemed to be conveyed to public, from public to private property, it is a different story. it's a game-changer. jenna: we'll see, maybe they will take your advice. i don't know. pretty interesting. that is an easy solution. save everybody time and money. >> we'll give fred the credit. came up with it. >> no, i stole it from somebody else. i can't take credit for that one. jenna: we'll let you guys know and invite you back. fred and joey. >> thanks, guys. jon: there are brand new developments to tell you about in the disappearance of madelyn mccann. one day after we learned about new evidence potentially that could suggest this little girl is still alive. police make a crucial decision about the case. that story on the way. the swing states in the

race for the white house, one of them, new hampshire. only four electoral votes. and that shows just how close this presidential election could be. both sides are going after voters in new hampshire. big-time. we'll go in depth. [ male announcer ] sweet. tangy. creamy.

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right? why? and what you can do to keep your children safe. jon: talk about the swing state battle in the race for the white house. as president obama and presumptive gop nominee mitt romney get ready to map out their strategies for winning these all-important states. according to our next guest there are seven this year. nevada, colorado, iowa, ohio, new hampshire, virginia, and florida. all of them colored blue on the map because all of them went to president obama in 2008 but they are real tossups this time around. larry sabato is the director of the center for politics at the university of virginia. he has been gazing into his crystal ball. you say that president obama set sort of a high water mark for democrats, modern democrats when he won the 2008 election with 365 electoral votes. is he going to get that many this time around? >> no.

i would bet no. the crystal ball says no, jon. look he has already lost five, six, actually, just from the census. he is down to 359 simply because democratic states lost electoral votes to republican states because of reapportionment that occurred after zen sus in 2010. jon: all right. let's take a look at those states again. new hampshire is prominent political state primarily because of its early primary. this time around new hampshire and its four electoral votes? a very small number, is going to be seeing all kinds of visits from the presidential candidates i have a feeling. >> absolutely. it is one of the great swing states even though it only has four electoral votes. hey, four electoral votes can be an election as we found out in that 2000 race between george bush and al gore. look, here is an interesting scenario, jon. we'll talk about 100

scenarios between now and november. but suppose barack obama, president obama, wins just the states where he did better than his average of about 53% in 2008. guess how many electoral votes he has? 272. just two more than needed to win. well, in new hampshire is in that group. if you take new hampshire away, he gets 268. romney gets 270. that is the election. so even new hampshire, with just four electoral votes could end up being the pivot point of the election. jon: usually ohio is the state that sort of determines which man, which party wins the presidency. you say this year it could be a different state. why? >> well, i'm a little biased. i'm a native virginian but i think virginia bids fair to be as important, maybe more important than ohio. if you look at the map and you determine that this is

going to be a close, competitive election, as most believe in april, that is the conventional wisdom in april. then, you look to a state that is clearly balanced between the two parties. well in 2008 virginia, of the 50 states, was the closest to the national picture, the national average vote for both barack obama and john mccain. if that continues, it would suggest that virginia could be the pivot point again, not new hampshire, but virginia. not ohio, by virginia. as i said we have a lot of scenarios and we'll have plenty of time to play them all out before the election's over. jon: i think last time i talked to you we talked about who might be a vice-presidential pick. is that why a certain governor of the commonwealth of virginia, bob mcdonnell is talked about as a potential vice president? >> absolutely. i think that's why bob mcdonnell is being discussed in virginia and if you, if you go by the historical record with ohio being right

27 of the last 29 times you consider senator robb portman and those two names are mentioned frequently along with senator marco rubio from florida, another really important super swing state with the bonus of 29 electoral votes as opposed to ohio's 18 and virginia just has 13. jon: it will be fascinating. thanks for watching it with us. larry sabato. we'll check in with you soon. >> thanks, jon. jenna: new developments in the john edwards trial today. the former presidential candidate is back in court as the prosecution's star witness takes the stand for a second day of cross-examination. we're going to have a live report next on that. and an embarrassing moment for this man, caught on camera. we're going to tell you what fueled his rain at the gas pump.

jenna: happening right now, day four in john edwards' explosive corruption trial. edwards' attorneys are continuing their cross-examination of his former aide, andrew young, that is the prosecution's star witness. the defense chipping away at his credibility in a case that centers whether john edwards knowingly used campaign money to hide an extramarital affair with his mistress. jonathan serrie is covering the play-by-play in greensboro, north carolina. what is the defense's strategy in cross-examination? >> reporter: the defense is trying to poke holes in andrew young's testimony. they bring up in many cases minor discrepancies what he is saying in court and some of his previous statements. occasionally they will launch out on these broad

and provocative defenses. in one instance lead defense lawyer, abby lowell said whether he had fallen in love with john edwards. he replied. a lot of people in the country did. lowell followed up. did you fall out of love? i did, yes, sir. you really hate him, don't you? to which young responded, i have mixed feelings. back to you. jenna: jonathan, what is the prosecution likely to do after young's cross-examination? >> reporter: yeah, we posed that question to mike rich, law professor at elon university and he says that how well young is able to hold up during this cross-examination will determine what the prosecution does moving forward. listen. >> well, i think they have a couple of options. i mean they can just andrew young go, in the ses of recognize his credibility will never be all that great or they can try to rehabilitate his credibility either by trying to show his story is in fact accurate or maybe he doesn't have the

bad motivations that john edwards is trying to pin on him. >> reporter: the cross-examination continues here at the federal courthouse in greensboro. back to you. jenna: we'll see what the prosecution decides, jonathan, thank you. jon: you heard about road rage. now add a new one. we all have to be on the lookout for crazed drivers and gas stations. massachusetts police say this man started pumping gas. then went inside to yell at the station attendant about the prices. his rant is caught on tape as he goes back outside, even open as stranger's car door, that person had to be pretty scared. so just what had the guy fuming? well he accidentally filled his car with premium instead of regular. jenna: maybe he was having a bad day. jon: i think so. jenna: we all have one now and then. not you, jon. jon: 15 cents a gallon more. maybe 30. jenna: it adds up. jon: sure does. jenna: detectives are zeroing in on a person of interest in a 2009 disappearance of 17-year-old

britney drexel. remember her? remember this face? the latest on the investigation. plus the woman who says she was kidnapped by the same man nearly 30 years ago. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

>> reporter: rick folbaum in the control room, brand new stories coming up over the next 60 minutes, stories you'll only see right here including this one, while the supreme court decides arizona's immigration law and whether or not it's constitutional, a live report on how the law and others like it actually help lower the country's unemployment rate. that's straight ahead. also, police in the u.k. say they have 200 new leads into the disappearance of young madeleine mccann, but police in portugal say they are not reopening the case. terrible news for this family about four years after their daughter disappeared. and then over here, a fight

on a bus. one guy actually in very serious condition, clinging to life. police are looking for your help identifying one of these men, we'll have the full video for you. you see this guy lying down over there? second hour of "happening now" starts right now. jon: high noon on the east coast, and we are watching hearings right now on capitol hill focused on protecting vital parts of the u.s. infrastructure from cyber attack. i'm jon scott, welcome to the second hour of "happening now". jenna: hi, everybody, i'm jenna lee. today's hearings come as the house considers a bill allowing the government to combat cyber threat by sharing key information with corporations and vice versa. the president is threatening a veto on this bill despite some bipartisan support in congress. national security correspondent jennifer griffin is live at the pentagon with more. >> reporter: hi, jenna. well, there's a 1947 law that prevents the pentagon and

government intelligence agencies from sharing information with the private sector that's gathered through classified means. the republican chairman of the house intelligence committee wants to change that. >> just in the last few years it is estimated that the chinese government alone has stolen more intellectual property from american corporations and businesses. it would be equivalent to filling the library of congress print collection 50 times. >> reporter: congressman rogers teamed up with his democratic counterpart of maryland to propose legislation that's being debated on the house floor today that would allow the pentagon and others to share their knowledge of impending attacks with private companies, defense contractors, airlines, electrical companies and others. one example of the cyber probing occurring on a daily basis by countries such as china and russia, one company reported 300,000 probes a day by cyber

hackers trying to steal their intellectual property. but american civil liberties groups, some democrats and the white house don't like the house bill because it violates personal privacy, they say, and could allow government agent is to monitor and spy on americans. it also shields american companies from liability in the sharing of private data. the white house has threatened to veto it. quote: >> this is the debate going on -- it's not government control of the internet at all. as a matter of fact, some of the civil liberties and privacy groups have said that our wording on the information-sharing part of this cybersecurity bill is the best that they have seen. >> reporter: senator joe lieberman is presenting a longer or, more complicated bill in the senate that the administration is backing but which republicans say would pose a regulatory burden on american companies. jenna: congressman mike rogers is going to respond to what the

administration has to say about vetoing his bill if it passes through congress, so we'll have that as well. jennifer, thank you very much. jon: mitt romney shifting gears as the presidential campaign enters a new phase. romney now expanding his operation after sweeping all five primaries on tuesday. his popularity surging among conservatives and independents as they rally behind the republican nominee in waiting. and romney is targeting swing voters to try to peel away support from president obama. ab stoddard is associate editor of "the hill." it is pivot time for mitt romney, huh, ab? >> yes, it is. you've seen him get the monkeys off his back in terms of the negative primary campaign and all the battle he had to do there, he has struck a more positive tone and talked a lot

about leadership and had a very compelling speech on tuesday night when he wrapped up those five primaries. and he is pivoting to, um, the general election, traveling with marco rubio, heightening speculation about who he would pick for vice president, but targeting the key groups that he has to shore up support with, women voters, female voters and latinos are the two groups he's going to start with because polling shows he is even with the president but many trouble with those two groups, and he wants to make sure he's not on election day. jon: there are some echoes of ronald reagan's campaign against jimmy carter when reagan asked, are you better off than you were four years ago, you say mitt romney is asking what do voters have to show, or what does president obama a have to show for his first term in office? is. >> right. he's going to stick with the message of the economy. he's beating the president in polling on this top priority issue for the voters. it beats out all the other

issues by far, and he's asking are you paying more for your gasoline, your housing, your health care, your food? are you better off? do you have a job? can you find a job? are you secure in the one that you have? and those are compelling questions. voters are very us from rated -- frustrated with the state of the economy, and if mitt romney stays on that message the polling shows now, we'll have an audience with swing voters who will decide the election. jon: yeah, but the election is also decided state by state in the electoral college. larry sabato was talking about how the president seems to enjoy at this point an advantage in the electoral college. >> he does. he actually has more pathways to 270 electoral votes than mitt romney does at this point. there are more states leaving the toss-up column and going into lean democratic column, and he just has more paths at this point. but if you look at the fact that the obama coalition of younger

voters, african-american voters, female voters, those voters are frustrated with him. so are latinos. deportations are up with this administration, higher than any of the previous administrations. he needs to make sure that he not only gets new supporters, the president does, to win states like virginia and north carolina, those swing states that he wants to win again in order to secure his victory, but he really needs to shore up support among the voters that he had, and he's losing support with them. so it's not that he's just going to lose white men, it's that he's going to lose his own voters, and that will make up the difference in those states romney's trying to win over him. jon: and the presidency is such a powerful bully pulpit. and for mitt romney and the president to be, essentially, tied as they are in some polls at this point in the campaign, that doesn't bode well for the president's re-election hopes. >> you are right, it does not. and normally when there is an election with an incumbent president, is it a referendum on

their record, they have the power of the bully pulpit to shore up defense of their record. in an economy this bad, it's really tilted the election towards, um, you know, almost like an open election, towards a challenger with a message of whether or not you're better off or is this economy good enough for us, is his record on the economy good enough for us. and that's why the president is really having trouble defending a record that involves this health care law which is unpopular, his stimulus program which was unpopular, and now an economy that he thought was in a robust enough recovery a few months ago, and it's not looking that way any longer. so romney has a real shot at winning the presidency if he's in a dead heat with the president in polling now. jon: ab stoddard from "the hill" newspaper. thank you. >> thank you. jenna: we're just days away from marking one year since usama bin laden's death at the hands of u.s. forces, and now there are new concerns that a lone

wolf terrorist is planning a revenge attack. chief intelligence correspondent catherine herridge has more on this now. >> reporter: jenna, good morning and thank you. the bulletin warns that home grown terrorists, a so-called lone wolf may see next week as the ideal time to retaliate. the bulletin reads in part: >> reporter: in late february the pakistanis dried bin laden -- destroyed bin laden's compound. three al-qaeda franchises in somalia, yemen and north africa have called for retaliation. this is a still photo pulled from one of the videos recovered from bin laden's compound which shows he was extremely isolated, obviously practicing his videotaped messages. and on the same day the bulletin was released, the homeland

security secretary was asked about the lone wolf threat. >> when i say terrorism continues to evolve, that's one of the evolutions we're continuing to see, radicalization to the point of terrorist violence. >> reporter: also a message from the u.s. embassy in pakistan barring all personnel from going to restaurants and markets for ten days, while it doesn't say the substance of the warning, the restrictions do run through this anniversary next week. jenna: catherine, thank you. jon: american soil likely would be a welcome sight to joran van der sloot. today we could be one step closer to bringing him here to the united states to face justice. more about that. plus, politics may be putting american security at risk in cyberspace. we'll talk with a congressman who has a plan that he says will protect us. we'll ask him why it is facing so much opposition. also, rick folbaum keeping an eye on the web for us right now. >> reporter: foxnews.com, to be exact, jon, and one of the

top stories right now, a teenage boy kicked off his school's field hockey team. it's a girls' team. and the coaches say he's too good for it. is that fair or not? read the whole story, see the video and vote during this commercial break, and we'll have more "happening now" after this. don't go away. at bank of america, we're lending and investing in communities across the country. from helping to revitalize a neighborhood in brooklyn... financing industries that are creating jobs in boston... providing funding for the expansion of a local business serving a diverse seattle community... and lending to ensure a north texas hospital continues to deliver quality care. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible.

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call us at... or visit your local liberty mutual office, where an agent can help you find the policy that's right for you. liberty mutual insurance, responsibility -- what's your policy? jon: right now, new info in many some crime stories we're keeping an eye on. an intense manhunt in missouri for michael murphy, a man police suspect of killing his girlfriend. the shooting happened southwest of st. claire. police say murphy may be armed with a rifle. now to the hunt for a missing mother in florida. a preliminary custody hearing to determine if her three kids will be returned to their father who police call a person of interest

in his estranged wife's disappearance. court action set for joran van der sloot, the prime suspect in the 2005 disappearance of american teenager natalee holloway in ruin ya, convicted of killing another woman in peru, a judge there has set an extradition herring for him next month -- hearing for him next month, facing charges for extorting $25,000 from holloway's family. >> there were people coming up and down ramsey street around the midnight hour, they saw something it could pretty well be insignificant to them, but it could mean the world to me. so if you were in that area that night and you think you saw something that i may need to know about, by all means, call it in. jenna: that's fayetteville, north carolina, police detectives asking for the public's help in searching for kelly bordeaux. the 23-year-old disappeared after leaving bar there nearly two weeks ago, and rick has more

with the latest. >> reporter: we were monitoring the news conference, it was held just a little while ago. investigators keeping a tight lip on their search for kelly, as you said. last seen leaving the bar about 20 after one early in the morning on the 14th of april, fayetteville, north carolina, as you said. police releasing this brand new photograph during that news conference. it shows kelly the night she disappeared. as you can see, she's taken the picture herself into a mirror, shows her wearing the clothes she was wearing that night, a pink top and black shorts. she was also wearing flip-flops, though you may have noticed that was not in the picture there. police say she went to the bar not far from her house, within walking distance. it's a place they say she had been before. she did not go there with her husband, though, mike bordeaux, who says that he was in florida visiting his parents at the time kelly went missing. police have searched woods and ponds in the area where she was, though nothing has turned up so far. investigators think, as you

heard, that there might be people out there who may have seen something that night who may not even realize its potential significance to the investigation. police establishing this special hotline for anybody with information into kelly bordeaux's whereabouts. there's the number on the screen, 910-483-tips. if you know anything, even if you don't think it's important, jenna, police want to hear from you. jenna: rick, thank you very much. jon: some states causing controversy with tough immigration laws, but those laws could be good news for job seekers. we'll explain why coming up. [ gans ] [ marge ] psst.

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jon: a fox business alert, now weekly jobless numbers are worse than expected.

388,000 americans lining up to claim new benefits, a sign that employers are adding fewer jobs. but there are some bright spots. hiring is up in alabama after that state passed a new immigration law. diane reporting for the fox business network. diane? >> reporter: hi, jon, that's right. alabama's immigration law may be controversial, but it may also be helping the state's labor market. alabama's march unemployment rate is down two points from last year which means along with michigan, it's had the biggest point drop in the country. now, a majority of that drop occurred after the state passed its immigration law and started enforcing the immigration law, i should say, in september, and since then it's seen a 1.5 point drop in unemployment compared to the previous two years where it only sawless than half a point drop. the daily caller also reports 47,000 legal residents in the state have gotten new jobs, and the director of the alabama department of industrial relations says not only are

fewer people unemployed, but those who are losing jobs are getting back to work faster than they used to. of course, whether the immigration reforms are really the reason for all this is debatable, but it's also a sensitive issue because so many people have come out against these immigration laws, including the president, who says they're draconian and they actually hurt the market, so many of those critics are saying the correlation is incidental, and they point to the fact that national unemployment has also ticked down recently. as for the president, he's not saying much about it at all. while he has been very vocal about michigan lowering its unemployment rate after the big auto bailout, he's largely ignored alabama even though that state is actually making faster progress than michigan without getting a bailout. anyway, jon, those are the numbers, and viewers can check them out and, as usual, decide for themselves. jon: sounds good. thank you. jenna: it has a higher alcohol content than many hard liquors, but anyone can buy it right over the counter at almost any store,

and it's quickly becoming the latest trend in teen substance abuse. youtube is full of kids drinking hand sanitizer. we're going to tell you why and why it's so dangerous just ahead. plus, a top epa official saying the agency's philosophy is to, quote, crucify oil and gas companies. he issued an apology, but is this part of a broader white house war on domestic energy? are you receiving a payout from a legal settlement

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jenna: that's a top administrator of the environmental protection agency talking about his enforcement strategy to severely punish oil and gas companies who he says break the law and make examples of them. that approach is causing

quite an uproar today. chief white house correspondent ed henry live at the white house with more. >> reporter: good to see you, jenna. that epa official you just played the clip, what he basically says his philosophy on enforcement at environmental protection age is a little bit how the romance used to conquer villages. he says quote, find the first five guys they saw and crucify them. now the reason why this is causing an uproar among republican james inhofe a long-time foe of epa he says shortly after this 2010 speech which this epa official gave those harsh words the epa started cracking down on companies in states like pennsylvania and texas for allegedly contaminating water after the hydraulic fracking process to get natural gas. inhofe ripping the epa yesterday on a senate floor speech and this morning on fox. take a listen. >> it is an attack to try to satisfy both sides. he is whispering to the left,

we'll stop them from doing this by stopping hydraulic fracturing and saying to the public at the same time, we are for natural gas and all that. particularly with the high price of gas coming up and elections coming up, it is a big issue. >> reporter: now we should point out senator inhofe says he has gotten an apology from this epa official who says he had a poor choice of words. inhofe not letting up they saying this is not just about words. he believes it is actually about actions by the epa. that they have taken and he is concerned that this official has said this was, suggested this was not a one-time incident by saying this was his philosophy in general towards enforcement. you can bet it will be coming up in a few moments at white house daily briefing with jay carney. jenna: in 60 seconds. we'll let you get in place and notepad out. >> nice to see you, jenna zoo we'll watch for any developments on this story in the briefing. thank you. jon: congress is demanding answers on those crazy high gas prices. the national average is

$3.83 a gallon according to aaa. just a few hours from now the joint economic committee is set to have a hearing about the loss of oil refinerry capacity is impacts prices especially in the northeast in this country. jim angle has more live from washington. jim? >> reporter: jon, that epa crucify language you just heard comes to know surprise in the industry. one company said the epa accused it of contaminating water supplies in an area of wyoming from fracking operations. >> we tested and we couldn't find any oil and gas impacts. state of eye wom ming - wyoming got involved as well and they could not link to oil and gas production. >> reporter: local citizens were not satisfied. they complained to the epa and came in and quickly blamed the oil company for the bad water. company notes another federal agency has reports going back 60 years noting that water in the area has natural contaminants long before anyone drilled there.

but the epa accused company anyway just as it did in other cases where its allegations turned out not to be true. >> you have three cases where they initially said there is an issue with hydraulic fracturing and then backed off. >> reporter: but backed after riling up the community. today as you said, jon, congress will look at the impact on gasoline prices of the recent closure of three refinerries serving the eastern u.s. three more are teetering on the edge of closure. why? the refinery business operates on very thin profit margins and they say regulation mostly by the epa is pushing them over the edge. >> what we've been looking at is an avalanche of overregulation, sometimes conflicting where you have different goals coming out of different regulations. and they just don't, they just don't work together. >> reporter: now he says for now the u.s. is importing gasoline from europe to make up for the closures.

so far he said the impact on price has been minimal but he also worries that overregulation will eventually force the closure of other refineries which would drive up prices at the pump well beyond the east coast. the jon? jon: jim angle in washington for us. jim, thank you. >> reporter: you bet. jon: well a troubling trend out there has a lot of parents second-guessing about the methods they use to try to protect their families from germs and viruses. i can't believe this story, frankly. jenna: it is a head-shaker, right. >> really is. hospitals across the country a growing number of teens admitted for alcohol poisoning. why? they have been drinking hand sanitizer. the gels contain higher level of alcohol than many hard liquor like crowd can and off then a more toxic form of alchohol they drink it anyway. we have aed a junk professor

at lsu shreveport. dr. van know cure, i don't know you can't protect yourself from everything but why are they doing this first of all? >> well, kids in their pursuit of getting high. it is unbelievable. i mean they have been drinking cough syrup and all kind of things but this is troubling because the alcohol in it is ethyl alcohol which essentially is the same as drinking alcohol. it is a very high concentration of it and as you said, it's like 120 proof and you can get drunk very fast on a very small amount. jenna: we're showing video of that, by the way, them trying to drink hand sanitizer. disgusting. jon: yeah. i learned i think in high school, maybe junior high about the difference between ethyl alcohol and myth think alcohol. this is the kind of stuff you would find in vodka? >> well, yeah. 62% is ethyl alcohol and you're right but the other alcohol is actually ice

prepare pole alcohol. not meth think alcohol which is the most toxic. isopropol. can cause respiratory depression and stomach bleeding which can cause you to go into shock. jenna: talk about that. it is anti-bacterial but you're not supposed to inject it. >> no. jenna: that is not what it is supposed to be for. go back to what you were saying about what could actually happen. you get a stomach ache? where, what happens when they ingest this? >> you do. i mean most of it is regular drinking alcohol at a high proof which is also an irritant to your stomach. then combined to that they add isopropyl, which is rubbing alcohol and that causes gas streets and gi bleeding. it can also cause intoxication. can increase your chance of getting comatose from the alcohol poisoning and it

lasts longer. so the whole combination is extremely dangerous and again extremely troubling. jenna: doctor, you have kids as well, as a medical expert i'm just curious how you file about stories like this? we did a story yesterday we had a lot of responses from viewers said, hey, don't talk about the story because we don't want to give kids any ideas. the reason why we're talking about it is because e.r.s are reporting they're getting kids coming into the emergency rooms from this. in your professional opinion what is the best thing to do with a story like this and what do you suggest parents should do? >> yeah. i don't believe in suggesting. i think parents should talk to their kids about it. let them know it's toxic. let them know it is dangerous. i mean i think stories like this may push the industry to get rid of the ethanol in it. the ethyl alcohol in it. and, i think kids would be less inclined. they also talk about maybe using a foam hand sanitizer because it is harder to extract the alcohol if you do it by the methods that they're doing on the

internet. and i'm talking about it doesn't make a difference. out there on the internet which kids are on constant any there are all types of stories and ideas how to distill the alcohol out. so talk to your kids. that is the most important thing. they listen to you, believe it or not. jenna: fingers crossed. >> definitely. jon: i, i'm just one of those parent who thinks you you had shouldn't have to tell your kids, don't drink the hand sanitizer. jenna: they find something. jon: doctor, good ad vice. >> thank you. jenna: interesting story there. this cleared the palate if you will and this next story, battle on capitol hill over cybersecurity. one of the big stories today. lawmakers are worried about threats to other nation's critical infrastructure. there are a few bills in congress. the one taken up in the congress has bipartisan support. the president said he would veto it if it passes. author of that bill is michigan congressman mike rogers, chairman of the

house intelligence committee. nice to have you with us. >> jenna, great to see you again. jenna: congressman, you said in the past a catastrophic cyberattack is headed for this country. what exactly do you mean by that? >> well, if you think about it, we're right now under incredible theft from the chinese espionage, russian espionage of our intellectual property but nation states have been also developing the capability to shut down whole networks. and i'm not just talking about denial of service where you reboot and plug it back in. they can actually destroy your machine. imagine if you went into the bank and stuck in your card and not only read all zeros or read not anything at all and bank couldn't tell you what is in your account and multiply that over thousands and thousands of times. it could shut down critical infrastructure like our electrical grid which would cause chaos and harm to the economy a and nonnation-state actors are trying to get this capability and unfortunately

irrational nation-state actors, north korea and iran are getting this capability. the good news we can do something about it and it is very simple. jenna: talk about your bill and the administration is critical of your bill. one thing you said, you mentioned the infrastructure part of it, that a cyberattack could take down very important infrastructure. the administration says it fails to provide authorities to ensure our core critical infrastructure is protected. what is your response to that. >>. >> well, i don't have the "buffett rule" in my bill either. i don't know if that is just a threat. this is just a threat which makes no threat. this is a very narrow bill. the only thing that this bill says the government, we're the intelligence community now, we go overseas and watch the folks take really bad malicious source code and find it and apply it to the government systems today and that is how we protect our government systems or at least one way. wouldn't be great to give the information to the private sector so it protects your personal information on your computer? i think it is a good idea, very scenario. the president wanted this

big complicated regulatory scheme that had mandates and standard and all of the other things that, by the way his bill, got zero cosponsors. he couldn't even get someone to sponsor his bill. i thought it was amateurish and misguided. good news it hasn't slowed the bill down. our coalition is getting bigger. everybody from facebook to microsoft to the credit card companies and everybody in between who is being assailed every day by somebody trying to get in and steal our stuff. and so --. jenna: we were talking to congressman mccaul just the other day and he said government agencies have their web sites hacked every single day. it was an eye-opener for us. one of the topics we didn't get to with him and talk about with you is some of the privacy concerns because a lot of our viewers are concerned somehow their private information will get out. your bill is advocating a sharing, as you mentioned between the private sector and government when it comes to these attacks and what to do to prevent them or anticipate them but the concern is, and, that this was raised by the

administration as well, somehow our private information is also going to be shared between the government and companies and there's no one to oversee that and provide proper oversight of some of these new things that could be put in place. >> no, absolutely wrong. we very narrow. it can only be cybersecurity information as it relates to to protection of a network or a system. so this is 0s and 1s and it is malicious source code, all voluntary. no mandates. the private sector doesn't have to give the government anything. the government can give them this malicious source code. so the reason the private sector may want to give the government something is they may get a vicious attack a malware attack they don't understand, very sophisticated. can give that to the government, can you help me work through this? what does it mean? how do i handle it and by the way did you know it is out there on the net? these source codes are incredibly, incredibly complicated and sophisticated. this is real-time-sharing of 0s and 1s. this is not content. we have an ig audit every

year that has to report back to congress to say, what did you get? what did it look like? how did you handle it? we built in lots of protections. we spent months negotiating with civil liberties groups and private sector to get it right and bipartisan support. jenna: this bill is being taken up in the house. i know you have to run to that. >> i do. jenna: thanks kong man, very much. we expect a vote on the house floor tomorrow. thank you very much. >> appreciate it jenna,. jon: a cold case heating up again after more than three years. 17-year-old britney drexel vanished during a trip to myrtle beach. now some shocking statements from a women who says she had a tir filing run-in with a person of interest in brittany's disappearance. plus one passenger steps on another passengers foot. today, one of them is in the hospital. the other, a fugitive.

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and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge! jenna: welcome back everyone. we have brand new video. a fight breaks out on a city bus in los angeles. the whole thing is caught on tape. police believe it started when one passenger accidentally stepped on the foot of another. the pushing and shoving sometimes doesn't. this is what happened in the situation. then punches started to fly. ended one of the men falling backwards out of the bus where he apparently hit his head on the curb. he is in critical condition with a serious head injury. police are looking for the other passenger. jon: it remains an unsolved mystery. three years ago, brittanee drexel upstate new york disappeared on a trip with friends. she went to myrtle beach, south carolina. she apparently doesn't

didn't have permission to go. the raymond moody is only person of interest in the case. a woman kidnapped and raped when she was just eight years old by moody is speaking out almost 30 years after her vicious sexual assault. talk about it with bill daly former fbi investigator and leader of controlled risks security consulting. this guy raymond moody, 52 years old. he was sentenced to 40 years in prison for the rape of this 8-year-old girl. he only served 21 years. now he is in south carolina. police know that brittanee's cell phone pinged a cell tower eight miles away from where this guy lives. he is the only person of interest but what else do police have to go on? >> first of all jon, not only is he there now but he was there at that time. at that time he lived as you said eight miles away from where her phone was last pinked, a cell tower, 50

miles south where she disappeared. he received a speeding ticket in that same connection between george town county and myrtle beach. he was looked at by police. in fact he was looked at even closely as of last august. they went back to a room at the sunset lodge in georgetown county where he had been staying at the time of brittanee's disappearance and actually took samples of wallpaper, of the mattress cover and did various other forensic testing. this man has been on their radar. police are saying now they can not eliminate him as a person of interest just because of those circumstantial facts but they have not been able to actually speak with him. jon: he refused to talk to them. how can he get away with that? can't they, essentially, force him to undergo an interview? >> without taking someone under arrest, if they don't want to cooperate, if they don't feel as though, you know, that police have enough evidence to actually have some probable cause to hold him for that type of interrogation, no, unfortunately. and so at this point i think

with the fact that we have, carrie harding coming out speaking about this case, keeping it alive and us talking about it and other outlets hopefully will bring more attention into looking into moody and around some of the sir stances and yet to this day there is no trace of this young lady who disappeared. jon: terry harding the 38-year-old woman who was eight years old when she says this guy raped her. she was on her way to school and, and he picked her up, said, you know he was going to give her a ride. instead raymond moody raped her several times as an 8-year-old child. she says he ought to be more than a person of interest. he ought to be the chief suspect but it takes more than that. >> it certainly does. as much as that, jon, is compelling and certainly brings to us speak about it it unfortunately doesn't do anything to enhance the case with regard to is he responsible for brittanee's disappearance? they're also looking at another disappearance,

crystal souls who disappeared in 2005 in that same area of south carolina. police have not been able to rule him out as a person of interest in that case either. bill daley, thank you very much. >> you're welcome, jon. jenna: a startling twist in the disappearance of madeleine mccann. why the missing girl's family calling announcement by portuguese police heartbreaking. this is one day after british authorities say they have nearly 200 police leads. cott... perfect timing. feeding your lawn need not be so difficult. get a load of this bad boy. sweet! this snap spreader system from scotts makes caring for your lawn snap-crackin' simple, guaranteed. just take e handy, no-mess bag, then snap, lock, and go. it's a new day for lawn care, edings never been so easy. to see a demo of the snap spreader, go to scos.com. feed your ln. feed it!

jenna: news corp the parent company of this network earned for a second day of this testimony at an ethics inquiry in london. that is where greg palkot is with the latest. greg? >> reporter: jenna are that's right. news corp chairman rupert murdoch appearing for a second day before that

inquiry on press ethics here. much has to do with the scandal involving the hacking of voice mails by staffers at his now closed "news of the world" newspaper. calling it a, quote, serious blot on my reputation. he took the blame, along with a pretty dramatic pause. take a listen. >> i also have to say that i failed. >> well that may be and, i very sorry about it. >> there was a bit more back and forth between the questioners and then he added this. >> it was an admission by me. and all i can do is apologize to a lot of people

including all the innocent people at "the news of the world" who lost their jobs. >> reporter: murdoch said he panicked when he closed paper but added it was the right thing to do. when he was asked about a possible cover-up, murdoch said that in fact he and other senior executives were, quote, misinformed and shielded from the full extent of hacking at the paper. and then, he said this. >> no question in my mind that maybe even the editor, but certainly beyond that someone took charge of a cover-up which we were victim too and i regret. >> reporter: late today the former chief legal advisor to news international, tom crone, one of those alleged to have been involved in that cover-up said, and i quote, it is a shameful lie. for his part, rupert murdoch said that news corp has spent hundreds of millions of dollars in the wake of

the scandal. they have gone through literally millions of e-mails and any suspect information has been pass on to police. jenna. jenna: greg palkot in london, thank you. jon: brand new twist to tell you about in the case of missing british toddler madeleine mccann. a startling announcement from police in the portugal just one day after british authorities said they have nearly 200 possible leads in that little girl's disappearance which came five years ago. well now portuguese police say they will not reopen the investigation into madeleine's disappears appearance. we'll bring you more information as we get it. jenna: what that family has been through last few years. this just into our newsroom. we have brand new video. rick is watching some of this dramatic landing. i have to get on a plane in couple days, rick. >> reporter: you might want to divert your attention for a couple seconds. we've been watching in the

newsroom. you will not believe it. the pilot comes over and we've begun our initial descent. you're minutes away from landing. you hope for a smooth touchdown. most of the time thankfully you get one. not the case in spain. high winds creating problems for pilots. look at the plane. come in for the approach. not exactly nose first of the jon could probably speak to the problems that winds can cause on landing like this. these are planes that, were actually able to land. oh, oh, go back up. see that is one of the planes not able to land. a bunch of them actually diverted to other airports in the area, simply because the wind were too high where they were supposed to touch down. we can tell you thankfully no one was hurt in any of these wild landing or not quite landing but you got to imagine there was some pretty frayed nerves to think. you will be thinking about this, jenna when you get on

your flight. jenna: looks like the pilots did as good as job as they could in that situation. >> here, here. >> dramatic video for all of us to look at and be nervous about. rick, thank you very much for that. we'll have more "happening now" in just a moment that make moms happy too. with wholesome noodles and bite sized chicken, nothing brings you together like chicken noodle soup from campbell's. it's amazing what soup can do.

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jon: you know, our pentagon reporter, jennifer griffin, has impeccable sources within that building, and she brought two today. [laughter] >> reporter: these are my two daughters, it's take your daughter to workday. your impressions? >> we've already gotten lost once today. >> amelia? >> we have reports about the missiles from last week in north korea, it's all fake. jenna: they're ready to go! [laughter] "america live" starts right now. in. megyn: it's take your daughter to workday? i didn't get that memo. somebody