says four or five are still missing so that may rise. workers recently returned to their jobs and warehouses near a town of about 170,000. we learned of one worker originally from morocco who was crushed in the factory along with a technician assessing damages from the may 28th quake and a priest killed by a falling beam in a church. ferrari closed its plant and many schools and public buildings have been evacuated. meanwhile emergency workers continue to rummage through the collapsed buildings in search of missing an injured. geologists say tremors will continue several days and continue to wreak havoc on italy's economy which is already struggling through recession. guys? jon: courtney walsh live from rome. thank you. >> more on that developing story out of italy at the moment. he is just shy of the magic number and texas could put governor romney over the top tonight to clinch the republican nomination for

president as he launch as new stinging attack on the president's economic record. jon: how far can the government go to catch citizens in the act on breaking the law? major ruling on red light cameras. some call them big brother out of control. i have gotten nailed by them twice. jenna: massive tsunami and nuclear disaster in japan more than a year ago but new radiation found in something off the coast of california. that story and breaking news all "happening now.". jon: hello to you on this tuesday after a long holiday weekend. some developments in the race for the white house to tell you about. i'm jon scott. jenna: hi, everybody, i'm jenna lee. we're your election headquarters. let's take a live look if we have it of craig, colorado. there it is where governor romney is campaigning that in that key battleground

state this comes on the day he could clinch the gop nomination. right now he is just 58 delegates are short. that is important 58 he needs to get. texas holds its primary today and the lone star state has 152 delegates up for grabs. with governor romney expected to rack up a win there he could hit the magic number tonight. we're not going to saying in until he officially us did. you don't want to jump ahead, right, jon? jon: anything could happen. jenna: carl cameron knows this. he is our chief political correspondent joining us from washington. you're in washington. we're looking at mitt romney live in colorado and he will be in las vegas tonight. bring that all together. >> reporter: yes indeed he is expecting to clinch the nomination with texas's 152 delegates. the republican nominee will be in vegas when he clinches the nomination. he is launching a major new. mr. romney today and throughout this week will

argue that the president's rhetoric and his policies including big government stimulus are anti-free enterprise and wasting billions of tax dollars on companies that failed far worse than anything mitt romney was ever involved in at bain capital. here is a little bit of the attack. watch. >> more than $16 billion have gone to companies like solyndra that are linked to big obama and democrat donors. the inspector general said contracts were steered to friends and family. obama is giving taxpayer money to big donors. and then, watching them lose it. good for them. bad for us. >> reporter: tough stuff that is unified message that will be seen across the gop spectrum this week. the conservative independent gop group, american crossroads led by karl rove has a similar attack ad going up across the country. the republican national committee all this morning and well last night was pumping out research documents showing billions of waist the stimulus money

mr. obama is responsible for and should answer for at the voting box in november. jon:. jenna: let's look at the other side. we mentioned romney has the big fund-raiser tonight. he will be with donald trump. the obama campaign is making an issue out of that. what are they saying, karl? >> reporter: they're aggressive chastising romney meeting wit trump who raises questions about president obama's birth certificate not wigd standing validation by officials in hawaii where it is on file. in 2008 john mccain defended mr. obama against accusations about his religion and his place of birth. but romney has not specifically denounced trump. romney has said he doesn't agree with all of his supporters but needs all of his supporters in order to win. in addition to being with trump tonight romney will get together with newt gingrich his former rival. there is introduction about to happen with the man sheldon adelson. the billionaire casino magnate in vegas who gave

the pro-gingrich super pac-2 $1 million during the primary process who says he wants to help mitt romney beat president obama. a lot of big bucks coming out of vegas tonight where he is expected to clinch the nomination mathematicly with the victory in texas. jenna: we'll see, carl cameron in d.c. thank you. >> reporter: you bet. jon: for more we're joined by michael barone senior political analyst at the washington examiner. we expect texas will give him officially the nomination but does it really change anything for his campaign? >> i don't think it changes anything because mitt romney basically has been in general election mode since rick santorum's withdrawal in mid-april. that is five or six weeks ago. romney has been going around making the case that the economy under president obama is not working. i think he has to go on top of that and make the case that the policies that he favors would tend to produce a better economy. jon: so you say it is not

enough to point out the president's failures. he has to argue that he himself could do better? >> yeah. he has got to argue that policies that give more room to free enterprises and reduce government spending from the current historic high are going to enable individuals and businesses to make investments to, to make free enterprise work to create more job. in ways that can't be completely predicted but that we've seen before in america and, you know, carl was just talking about his contrast of the, of the crony capitalism that he alleges that the obama administration has been engaging in with billions of dollars to loan guaranties to these so-called green energy entrepreneurs who have promptly gone and lost the money, that's part of his message to contrast what real capitalism can do, free

enterprise and what crony capitalism does which is to waste taxpayer dollars. jon: is that why the obama campaign has been attacking his record at bain capital because they have anticipated this line of campaigning? >> well i think the obama campaign is trying to divert attention from what voters say in polls is the central issue of the campaign which is the performance of the economy, and the vast increase in the size and scope of federal government under president obama. and so they're bringing up other issues. it's, you know, natural campaign 101 when you're running against somebody who has been a businessman or an entrepreneur, you go and try to attack some of the invests that he's made. some of the business decisions that he has been involved in. curiously the latest obama campaign ads are about bankruptcy of a steel company when romney was no longer in, at bain & company but was off in

salt lake city running the olympics. jon: interesting. michael barone from the "washington examiner". michael, thank you. >> thank you. jenna: well it may no longer have its official title but what was tropical storm be are. yl is still soaking parts of the southeast today. several inches of rain are expected from northern florida through south carolina. elizabeth prann live in hilton head, south carolina. easy enough for me to say, elizabeth. how are things there? >> reporter: looks like conditions are deteriorating a little bit. that is charactertic of the storm. one moment it is sunny. then we see intense rainfall, overcast conditions. characteric how large and widespread and organized this tropical depression is. that being said what is very consistent with this storm it is going to bring a lot of rain to the southeast. very much-needed rain. i got off the phone with the georgia department of agriculture commissioner's office. they said 3/4 the southeast

parring of the united states are in extreme drought conditions. they need well over a foot of rain which they're getting with this tropical depression. that being said all they very much-needed flash floods are a huge danger especially here in south carolina. we talked a little bit about although this rain is needed it can be very, very dangerous. road conditions and also it is a dry area here. >> yeah. we have been very dry and we're supposed to see about one to two inches of rain today. then we're also supposed to see about two to three inches through the night. so it is been very dry here and the grounds are very hard-packed and the rain will probably cause some flooding for us. >> reporter: nowhere to go. obviously all the rain comes down on roadways and fallen trees. another thing we talked about how unusual storms are of this magnitude to come well before hurricane season. i realize it is june 1st. we've already seen two named

storms unusual for this part of the country, something you have to prepare for. >> it is unusual for it to come this early but it is a great reminder for people to be prepared to, watch our town website to get the information that they need together if they do need to go. so it is really been something -- to make sure people get prepared for hurricane season. >> reporter: absolutely. thank you very much for joining us. wish you very safe weekend. jenna, one thing i want to mention, the gusts when it was a tropical storm was reaching 70 miles per hour, which is just short of hurricane-force winds. it was a very washed-out weekend for a lot of folks here memorial day weekend. jenna? jenna: definitely enough to get your attention, 70 mile-per-hour winds. elizabeth, thanks very much. for as we get it. jon: help cops catch drivers that push the envelope once in a while. i've been caught couple times. jenna: lead foot jon scott. jon: i do not like these things. red light cameras used

across the country of the critics like me call them uncons stationnal. now a court has ruled. judge andrew napolitano shares his thoughts. jenna: i wonder if the judge's traffic record is relevant? jon: we'll ask him to bring it. jenna: manufacturing jobs on the rise in the united states. that's a good thing, right? there is catch to this. very important in the "wall street journal." we'll talk more about it. jon: also a startling discovery found in bluefin tuna off the california coast. something you might want to hear before you order out for seafood. that's next. [ woman ] for the london olympic games, our town had a "brilliant" idea.

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jon: think about this before you order your next sushi roll. scientists reporting bluefin tuna caught off the san diego coast are contaminated from radiation from japan's crippled nuclear power plants. rick folbaum has the story. >> reporter: the aftereffects that of catastrophe in 2011 still being discovered. these are some of the fastest fish in the sea, believe it or not. they migrate across the entire pacific from japan all the way to the u.s. west coast. scientists studied more than a dozen that made their way to san diego. their conclusion is that the bluefin tuna are absolutely carrying radioactive materials left over from the meltdowns at the fukushima nuclear plant. that is a 6,000-mile journey

where normally radiation would wash off or be shed during that swim but these levels apparently so high that the fish are still hitting our shores with much higher than usual levels, 10 times higher in fact. even though so the levels are still below what the u.s. government considers safe for people to eat. the scientists say they're repeating the study this summer on a larger number of bluefin tuna to get a better idea how big a problem this might be exactly. so eat your bluefin tuna. it is still safe but know what you're eating. there you go. back to you. jon: thanks for that warning i think. rick. jenna: if it glows on your plate --. >> send it back. bring the geiger counter. jenna: holy smokes. we'll continue to watch that story. thank you very much to rick for that. this is another big story that we're watching today. a highly sophisticated computer virus infecting computers across the middle east including iran over the last two years. we're only just hearing about it now.

experts say it could be state-sponsored espionage. so who is behind this new cyber weapon. we'll talk more about that. and armed drones, a key weapon in our war on terror and soon another country could have them in its arsenal because of us. we're going to tell you which country and why next.

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jon: fox news now confirming the obama administration plans to arm italy's fleet of reaper drone aircraft. the sale of armed drones would make italy the first foreign nation besides great britain to fly u.s. drones armed with missiles and even laser-guided bombs. some lawmakers are on the fence about the sale. advocates say it will open markets for drone manufacturers here in the

united states. the administration gave congress longer than usual 40 days to review the proposed sale. it has not gone through yet. jenna: manufacturing jobs making a rebound in the united states these days which is a good thing but it is not all good news. wages in the industry, when it comes to manufacturing appear to be lagging. fox business network's cheryl casone is here with more. cheryl, why are we seeing in some cases when it comes to these manufacturing jobs wages are lower now than they were just a few years ago? >> because companies are saying we will hire you but we'll hire you at a lower wage. they are going to the unions to do so. unions are agreeing to this general motors, think boeing but these companies are saying look, we're going to have to lower, not only the pay and benefits packages that we're giving these employees but also the overall wages. unfortunately that is not good for consumer confidence. not good for the economy, jenna as you very know well. but at the same time these are jobs that are happening. look, we has a country have

to compete with cheaper labor across the pond whether it is in asia, whether down south in mexico. we have to do that. that is what companies are doing. jenna: what does this really mean for other markets especially when we see the rising cost of items like food, and rising cost of health care? how does this figure into other parts of the recovery? >> other parts of the recovery here in the united states it is a problem, an absolute problem. what you're seeing with lower wages you will still see problems in the housing market. we'll still have problems when it comes it things like unfortunately like, you know, spending on retail. spending on vacations airlines, things like that. all of that will have a negative effect unfortunately. it will be happening this summer despite the fact you have lower gasoline prices right now. the economy will not get benefit from all of this. that is the downside. jenna: get a break in one area and you have another area you don't get quite as much of a break. that is indicative of the recovery so far. a little choppy. cheryl, see you at noon on fox business. thank you so much.

experts say it is the biggest and most advanced cyber weapon ever discovered. it is called the flame virus. we're only hearing first about it now. its main job is to spy on computer user by grabbing images, recording internet activity and even secretly turning on the computer's microphone to record conversations a person is having at their desk. how about that? what you're seeing on the screen where flame has already infected computer systems. you have seven countries across the middle east. you have iran, syria, israel. it has all the markings of a state-sponsored computer weapon but what state? we have morgan wright, a cyber computer analyst. sometimes they have fingerprints. whose fingerprints are on this? >> i don't have any intimate knowledge. i would love to say it is ours. i tell you this, this is one way to take down a regime that has ill intent. there is nothing good coming out of what iran is doing.

if it is us, i say, hey, good job, guys. jenna: it is described as 20 times more code than stuxnet. that was the virus that reportedly took down some nuclear facilities in iran. >> right. jenna: i don't know a lot about 20 times more code. for someone who is an expert on cyber terrorism, how much more complicated does it make this virus, how much more effective? >> it makes it tremendously effective. some of the reports we're hearing special forces parachuting out of north korea to do reconnaissance, flame was designed to do exactly the same thing but on a network. we're mapping out vulnerabilitis. we're mapping out data systems. we're understanding where they store information. how they move information. all designed to target their ability to make decisions. to enable nuclear or uranium enrichment. it is designed to take down their ability to produce these weapons. i'll tell you what, obviously it is very effective. kind of play which came first the chicken or the egg.

which came first the virus or the worm. sounds like this instance it has been out a while collecting information so stuxnet could be delivered on target like a precision munition. jenna: we would like to take credit for something that is not good but evil say it is not us are our systems susceptible to this type of virus? >> absolutely. there is no such thing as perfect security. we would be foolish to believe we're not vulnerable to this kind of attack, when we talk about systems that control our critical infrastructure. things designed to take out utilities. i've been on before talking about those same things. it is double-edged sword. dynamite was invented by peaceful purposes by alfred nobel. it is being used for different things. this could be used for good but with a couple tweaks could be used for very bad things. jenna: context, morgan. i wonder what your computer look likes like at home. how can i make sure the

microphone doesn't go on or camera doesn't go on computer and record everything i'm doing. is there anything you suggest to your family and friends when it comes to computer safety and protecting viruses? >> simple things. maybe sure you have your own firewall up and running. use strong passwords and strong encrip shun on the wireless network. i'm a mac guy. i'm very familiar how the mac operates when the camera turns on and off. take precautions. i don't do anything classified at home. so nobody break, please. on the other hand i worry about banking password and sensitive information and working on sensitive files. if you take the basic level of precaution you can prevent 80 to 90% of all the problems out there. it is 10% that are the sophisticated criminals. i don't think they're going to be targeting me or other folks but those are ones going after financial institutions and the government and that is where more serious countermeasures are being done. jenna: i don't do anything classified at any time. you don't know where

research might take you morgan. as we learn mo are about this we'll have you back and look forward to talking to you again. >> thanks. have a good day. jon: how about duct tape over the camera, right? let's take you to northwest colorado, my home state. mitt romney is speaking in craig, colorado. he is expected to wrap up the republican nomination for president with the vote tonight in texas. this is a campaign appearance. let's listen in what he is saying. >> -- craig, colorado. i will not forget communities like this across the country hurting right now because of this president. i will not forget middle class families are asking themselves why is it is it 3 1/2 years after the president got elected we're still in the tough economy like this? some of the numbers are getting better but i know a lot of people are still suffering. i'm with folks day-to-day who have jobs but they wonder whether they're going to be able to keep them. they wonder how they're going to pay back student loans in the cases of our young people. they wonder how their kids

will find jobs. half the kids coming out of college can't find a job or a job that they're skill level. half of those coming out of college. how about those coming out of high school? those that don't even graduate from high school, what are they going to do? i want to go to work to help the american people. i'm in this race because i believe in american greatness. i believe that we are -- people that love america. the torch and light that was carried by the --. jon: you heard there some of mitt romney's central campaign theme. his argument with president obama's stewardship of the economy. if you like to continue to hear what the governor has to say we've got it streaming for you live on foxnews.com. meantime the governor is swinging out against the president's attacks on his own business background, launching a new ad that goes after the billions in stimulus grants to companies like solyndra. the battle over the president's records on jobs,

a fair and balanced debate coming up next. also a serious scare in the air when parts of a passenger plane start raining down from the sky. the danger on board and on the ground. we're live with that story. you tell us what you want to pay, and we give you a range of coverages to choose from. who is she? that's flobot. she's this new robot we're trying out, mostly for, like, small stuff.

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jon: brand new stories coming up in the next hour. a shocking massacre in sir why prompts the world to take action. what the u.s. and our allies are doing. we're live with that story. day seven of deliberations in the john edwards corruption trial. that raises fears of a possible deadlock. what that would mean for the one-time democratic presidential candidate. we'll take you in depth. the hunt on now for two murder suspects. this pair breaking out of jail using a hacksaw. we're live at the breaking news desk with more. >> speaking of breaking new, "happening now", an investigation into an air canada flight forced to make

an emergency landing after debris falls from the plane, mid-flight. rick folbaum is here with more. rick, what happened? >> reporter: after takeoff actually. problems in the air leading to problems on the ground. first the engines blew and pieces of it came raining down on the folks below. thankfully nobody was hurt. the pilot declaring an emergency. circling back and landing safely. you can see some of the damage there though. engine parts, some of them the size of a cell phone had good aim actually, missing people but hitting their cars instead. here are a couple of people who's cars were damaged when the engine parts fell back to earth. >> took me a while what actually broke. it ended up being a little, looked like a little piece of cement or asphalt. ended up being a part of an engine or airplane from what i'm gathering. so, and we did a couple of round around the parking lot and found a little bit more bits and pieces here and there. there is quite a bit. it is strange. >> yeah, we saw some pieces

of metal. it was so hot. you can't even touch it. >> reporter: those two people were filling up at the same gas station at the same time when these pieces came down. witnesses called the police to report seeing smoke coming from the plane just before those engine pieces came down. this was an air canada flight as you mentioned, jenna, from toronto to tokyo. a 777. canadian officials are now investigating to find out exactly why this happened. again, the good news, no one was hurt. back to you. jenna: good news but one more thing to worry about. getting on the plane and having the engine fall apart and being on the ground, for real? >> reporter: scary. jenna: more on that as we get it, rick. thank you. jon: governor romney now fighting back against the president's attacks on his business background. he is going after the president's jobs record and the billions in taxpayer dollars the white house pressed for in stimulus grants. according to governor

romney's latest campaign ad a lot of that money went to businesses linked to big democratic donors. and those companies eventually went bankrupt, cut jobs or laid off workers. take a listen. >> president obama is spending your tax dollars to create jobs. how is he doing? you have heard of solyndra. they took $535 million in taxpayer loan guaranties and went bankrupt. but that is not even half the story. obama's department of energy has handed out billions of dollars in loans and grants. >> reporter:. jon: let's get a fair and balanced debate on all this. doug schoen, democratic pollster, former advisor to president clinton. cal thomas, syndicated columnist. both are fox news contributors. doug, the president's campaign slogan is forward. is that because he doesn't want voters looking back at things like solyndra? >> he would rather look back to george w. bush. i suspect we'll be hearing a lot about him, rather than looking at a record that is

very tough for the president to run on. look, he did stablize the economy. it is not really fair to blame him for the economic woes we're facing now entirely he is he is isly since we're heading towards another few months of job growth and diminution of our employment problem. but bottom line, it is fair to say, jon, the president's economic record is open to criticism and criticism we're getting. jon: all right. that's what republicans and mitt romney in particular are hoping to point out, right, call? >> right, jon. look, i think that romney's campaign commercials are very effective in the early days of the general campaign because they simply pit the president against himself. many of them shown i've seen here in the washington area like president making promises like by end of my first term i will cut the deficit in half. i will do all of these other things. he is being held accountable to his own promises. now the president either has to say he was wrong or he

failed or that he lied but he can't say that he lived up to them. i think the romney attack focusing laser-like on this, sticking mostly with the economy with an occasional drift off into education for poor children, education choices is the right way to go. i think it is very effective and i think the polls are starting to show that. jon: it is such a personal issue for voters, doug? every candidate wants to find something voters identify with. with the economy weak as it is everybody feels the joblessness and so forth out there. it's a pretty effective line of attack, isn't it? >> oh, i think it is but two things. first president obama is more likeable. the polls show it. people sense that he is more in touch with their problems and is more aware of what needs to be done. what neither romney nor president obama has done yet, jon, is talk about the future. how we're going to go forward. what we're going to do.

all well and good to say what call says. he in lash measure fair attacks. until we give the american people a sense where we're going, how we create jobs, reduce the debt and deficit, the sale will not be closed by either side. jon: we'll talk about that in a moment when we talk about campaign themes. cal, when you look at that romney ad, those are the same kinds of, i guess, points the president has been trying to make about bain capital. he has been trying to say that bain capital led to job losses and so forth when in fact, you know, things like solyndra are just as much of pitfall for the president. >> yeah. jon, i think doug is right. i think governor romney needs to start talking about a vision and the future and the rest ands that's all well and good to have people say, well, i like him. he understands me and all of this. listen if you're out of work you don't care whether you

like a president or not. you want to find a job! and that i think is going to be the central issue of this campaign. there is no, the president said that he was going to lower unemployment below 8%. it has not been below 8%. you have the new jobless figures coming out this week. i doubt it will be below 8% then. he hasn't done it. promises mean something. he is in charge. he had the plan. he had the vision. hope, change, things we can believe in. it didn't work. that is just a fact. and so now he is asking, give me another four years and i will do the same. no thanks. jon: let's talk about, doug. hope and change we can believe n those were the campaign themes for mr. obama in 2008. >> right. jon: what about this time around? the word is that his campaign is having trouble coming up with sort of after concise, get it together theme. >> i think that's correct. jon, i developed with my colleagues the bridge to the 21st century slogan for bill clinton in 1996.

so i know how important this is. i suspect they're going to pivot off of forward, saying don't go back and don't go back to george w. bush. >> but can that be effective? george w. bush has been out of office for almost four years now? >> it is tough but as cal correctly points out, obama does not have much of a case to make for himself. so what he will do is talk about a better future and say we don't want to go back to a worst past. that's where i think he is heading. jon: will voters believe him, cal? >> that remains to be seen. i'm not a prophet. democrats for 50 years beat up on herbert hoover. they have george bush to kick around. we have moved into a new era in democratic politics. jon: cal thomas and doug schoen, both fox news contributors. >> thank you, jon. jenna: the doctor who helped the cia find usama bin laden sentenced to 33 years for

treason in pakistan. his brother is speaking out. why he says the doctor's life is on the line. next they're supposed to catch drivers who are breaking the law. now critics are raising concerns over whether or not red light cameras are even legal. do they violate the constitution? jon: yes. jenna: judge napolitano is next. [ male announcer ] this was how my day began. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ so, where to next? with these newepend real fit briefs,untry and today we are surprising pro football all stars.

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jenna: those red light cameras are used in hundreds of cities across the country to catch drivers breaking the law but some people are concerned these cameras can violate your rights to due process and now a missouri court is the latest to rule those cameras are unconstitutional. judge andrew napolitano is fox news senior judicial analyst. judge, raise your right hand. have you been caught by one of these cameras?

>> i never have. i honestly don't know what i would do. i would probably challenge it. as we were talking about in the break the cost of the challenge. you have to hire a lawyer and hire a computer expert. then you have to get the equipment and examine the equipment. the cost of doing that is far more than the fine, the $125, the $130 that you pay. jenna: talk a little bit about the due process part of this. >> okay. jenna: in missouri specifically the due process is at issue? >> yes. jenna: that's what the courts had a problem with? >> procedure i talked to you about a lawyer and computer expert is what would happen if i got caught in new jersey where you can challenge it. in missouri you couldn't challenge it. it was a bill from the city and as a tax bill. people were uniformly paying them. people are saying what are these bills for, a camera, a camera, not a human being, a camera said you went through a stoplight. people challenged it. late last week a judge in saint said it is on

constitutional. it doesn't keep us safe. it is a cheap way to raise more money and you didn't give people a fair trial. jenna: some people say it is a way to keep us safe. if you look at some statistics. you have to consider the source. but the insurance institute for highway safety, said cities that use these cameras, injuries are down, reduced by 29%, double digits and the roads are safer because of the cameras. how does that interplay with our rights as citizens to get the due process you're mentioning? >> because our rights as citizens for due process are natural rights come from our humanity and they're protected by the constitution of missouri and all the other 49 states as well as the federal constitution and the police can't take those rights away by saying pay up. you have the right to challenge, to demonstrate that you didn't go through a red light or, that the camera was rigged, as was the case in san diego to take a picture of you before the light actually turned red and pretend that you were in the intersection

when the light was red. jenna: it wasn't automatic if you didn't allically get the bill in the mail would you have due process, we caught you on camera, we're inviting you to court to explain yourself before we levy the fine based on the evidence? >> no. we charge you with going through a red light and we're going to prosecute and attempt to prove you guilty beyond a reasonable doubt. and among the evidence we're going to use is this photograph. so you can come in and defend yourself against the photograph. you don't have to prove that you didn't drive the car through the red light. the government has to prove that you did and the photograph is just one element of the proof and they have to prove prove that the camera was accurate. they also have to prove they had the authority to put the camera up there in the first place. jenna: do you think these cameras nationwide are unconstitutional? >> i think they're just a gimmick to raise money for local governments. i'm the only one who thinks that way. the city of san diego lost $100 million to people that, illegally fined and to the

companies from whom it it bo the cameras before it decided to get rid of them. jenna: i have a quick moment. how does it this apply to other crimes caught on camera and observed by the traffic camera? >> or even listened to because some of the cameras have microphones in them. we haven't gotten there yet. if they take a picture with you in the car and something on the front seat of the car you wouldn't expect would be in the photograph, can they use that photograph to prosecute you? probably not but they will drive. jenna: drive safely. >> i wuls always drive safely, jenna. jenna: jon, will you drive safely. jon: i drive safely but i hate those cameras. i hate them. >> you drive safely no matter what those cameras say? jon: that's right, that's right, judge. i'm with you there. violent protests break out in egypt. demonstrators setting fire to a campaign headquarters after this weekend's presidential election there. we're live with the latest from cairo. a horrifying fall caught on tape. a family panic as their

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jenna: some incredible video for you next. an 11-year-old girl escaping life-threatening injuries after falling 18 feet from the top of a rock wall. take a look at this. emily davis, just started her climb down. she suddenly fell to the ground as you can see there. the harness she wore did little to slow her fall. her father was holding camera and rushed to her side. that takes your breath away

fearing the worst. take a listen to this. >> there was no tension, no nothing. it was just like she jumped off with nothing. how long does it take to fall 18 feet. nothing anybody can do. i wasn't thinking i hope she is all right. i hope she is all right. i see her breathing in heartbeat. she thought she was dreaming, wake up, wake up. yelling get out of my dream. we were looking at the pictures at the game, of the stadium at the field, he starts crying. that is before emily was hurt. jenna: how scary. fortunately emily is recovering in the hospital after suffering a concution. -- concussion. she is able to move her arms and legs again and can speak but very scary moments for the family. jon: violence erupting once again on the streets of cairo. angry crowds set fire to one candidate's headquarters after the outcome of egyptian presidential election. two candidates will face one another in a runnoff race

next month. a member of the muslim brotherhood squaring off against a former prime minister in the mubarak regime. leland vittert streaming live from cairo with more. leland? >> reporter: jon, there is a lot of anger, there is a lot of surprise on the streets of cairo. the newspapers here have it laid out pretty well. shafiq from the old mubarak regime and the one from the muslim brotherhood. doesn't show how many egyptians here in the middle are not happy with either of their two choices. >> angry? i'm more than angry. >> reporter: are you going to stay in the square and keep protesting? >> of course i will. >> reporter: you think more people will come? >> yes. of course we want our freedom. we want freedom. [shouting] >> reporter: the crowd went absolutely wild here in tahrir square when one of the opposition candidates came in. activists say they will stay right here protesting until things change. however, the muslim brotherhood candidate and

shafiq got a total of 50% of the vote. many egyptians hope next month's election will simply be the end of this revolution. >> safety and security, that is the main concern and the economic and the political side for the country right now is not that good as well. >> reporter: you think shafiq is the guy to do it? >> yes definitely. >> reporter: egyptians won't up to the news that the campaign headquarters of shafiq were torched overnight. they got the back store storeroom where campaign materials are kept. there are two competing theories and one was inside job and tended to gain sympathy. this, number two is simply a sign to come in if the old regime gets voted in. we're less than three weeks from this runnoff election that will decide egypt's new president. jon, to give you a sense how much uncertainty there is is on the streets, how much fear there is not only about these three weeks but what happens next, since the

runnoff results were announced, we know who the two candidates are the egyptian stock market has plunged 7%. back to you. jon: so much uncertainty in that very important country. leland vittert. thank you. jenna: well they're both college students. they're both wlond and both -- blond and both disappeared after night out with friends. they vanished in two different states. what police are finding out and why the cases could be linked. we're live with this story coming up. jurors in the john edwards corruption trial now in day seven of deliberations. could they be deadlocked? a big question today. our legal panel weighs in just ahead. let me tell you about a very important phone call i made.

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>> reporter: rick folbaum in the "happening now" control room. some brand new stories we're working on just for you over the next 60 minutes, including this one. john edwards, the jury taking

longer than almost anyone expected. is today the day they finally decide the fate of the former presidential candidate? we'll have an update coming up. also, a manhunt for these two guys. they sawed their way out of prison. plus, a little history of hacksaw breakouts. they're kind of popular, more popular than i thought. and breaking news out of the vatican, what officials are calling a brutal personal attack against pope benedict. the late-breaking news and a lot of politics for you as well as the second hour of "happening now" starts right now. jenna: thank you to rick and more on those stories in a moment. we begin with this: the obama administration reacting to the slaughter of civilians in syria, and the state department today ordering syria's top diplomat to pack his bags and leave washington. that's a big development. welcome to our second hour of "happening now," everybody, i'm jenna lee. jon: don't let the door hit you on the way out, they say. i'm jon scott. the decision to kick out syria's

senior envoy follows a horrifying massacre of civilians in one town. more than 100 people, women and children and entire families, shot in their homes execution style. governments around the world also expelling syrian diplomats in response to the slaughter, but has the white house done enough? james rosen on that story from washington. james? >> reporter: jon and jenna, good morning. we're tracking these bottoms down on -- developments down on the ground in syria, and things are going from bad to worse there. here in washington the top syrian diplomat has 72 hours to leave the country. he is the star save defairs which usually means in an embassy that he's the number two official for that country. the syrian ambassador has been out of this country for some time, recalled to damascus. now the united states has kicked out the number two man at the syrian embassy. of course, we essentially closed our embassy in damascus in february and withdrew our

ambassador, robert ford, due to the worsening conditions in the country. meantime, the united nations' human rights office has now concluded about that massacre in the city of hula in syria this past friday that killed at least 108 people, many of them women and children as jon just noted, they are concluded this was an execution-style attack, and fewer than 20 of those victims were the victims of government shelling. indeed, it appears as though the assad regime may have shelled the location after the execution took place to try to make it look as if it was just another incident in war. in fact, it's shaping up as one of the worst massacres in a long series of them since the uprising began in syria some 15 months ago, jon and jenna? jon: and is anybody in washington talking about anything beyond expelling diplomats as a way to respond to this massacre? >> reporter: well, we're expecting briefings from the state department and the white house later this afternoon, and we'll be monitoring those. but officials here will tell you

that they face a real serious shortage of options in syria. this is a country with a 600,000-man army and with some means to defend itself unlike libya really, and moreover, there is no clear alternative to the syrian regime right now on which we could potentially peg our hopes. the free syrian army which has its headquarters in a series of tents outside syria near the turkish border not really an effective army at all and not really, truly beholden to any kind of civilian leadership. so it's a very difficult situation for policymakers here. one thing you can be sure of, that it will remain a campaign issue as the campaign heats up in this country. mitt romney, the presumptive gop nominee, was very vocal over the weekend in saying that the united states needs to do more. it's just not clear to policymakers in the obama administration exactly what they can do to set up a good situation beyond bashar al assad. jon: just awful to see that slaughter going on.

james rosen, thanks. jenna: from syria, we're going to take you to afghanistan now where there's another big news item. a precision air strike kills a senior al-qaeda commander. national security correspondent jennifer griffin's live at the pentagon with more on this. jennifer? >> reporter: hi, jenna. it took the military a few days to confirm the identity of those killed. the airstrike took place on sunday in afghanistan's eastern kunar province on the border with pakistan. this is an area where it's very easy for the taliban and al-qaeda militants to travel back and forth from pakistan. according to nato officials, mock the two -- among the two individuals targeted and killed on sunday was an al-qaeda leader from saudi arabia. quote. >> reporter: he used to ferry weapons and militants back and forth to pakistan according to u.s. military officials.

before usama bin laden was killed, diaries captured from his compound suggest that the al-qaeda leader ordered leaders to leave pakistan's tribal areas where they are subject to drone strikes, to move to kunar where there is more cover from trees and rocks. in a separate development, fox news has confirmed a report that first appeared in the "wall street journal" that the u.s. is planning to arm the reaper drones it sells to italy raising concerns the advance technology could fall into the wrong hands. this comes two weeks after the u.s. sold several high-tech global hawk drones to the nato alliance. congressional sources tell us that, in fact, congress was briefed about u.s. plans to arm the reaper drones that are being sold to italy. again, this is technology that has given the u.s. military a quantitative edge over its allies and enemies over the past ten years of fighting. jenna? jenna: more on that story as it develops and gets more attention. jennifer griffin at the pentagon, thank you.

jon: right now in the john edwards corruption trial jurors are deliberating the fate of the former presidential candidate for a seventh day after a holiday break. speculation is growing now that this jury could be deadlocked because of the length of time here. as he's been from day one of the trial, jonathan serrie live from the courthouse outside in if greensboro, north carolina. [laughter] jonathan? >> reporter: oh, i wish we could be inside, jon. but being a federal court, of course, we have to stay out with our cameras outside, and only reporters who go through security and prove that they have no devices capable of transmitting video signals are allowed in. but, boy, we would love to be a fly on the wall in that jury room as they go into a seventh day of deliberations after returning from a three-day holiday weekend. when they adjourned on friday, the judge admonished to jurors not to discuss the case in small groups, not to discuss the case with family and friends. after all, these jurors have not

been sequestered. john edwards left the courthouse this morning as he is permitted to do while the jury deliberates provided that edwards stays close enough to return to the courthouse within 15 minutes' notice. but the first item on the judge's agenda today was to continue discussions from friday with lawyers on both sides over an undisclosed juror issue. the closed-door session has been fueling speculation. late last week reporters started noticing the four alternate jurors had started wearing matching colors on their shirts, and on friday an abc news producer wrote a blog suggesting a young female alternate, the one on the right side of the sketch with the blouse off her shoulder, might be flirting with john edwards. but other journalists in the courtroom noted that edwards, a skilled trial lawyer, attempts to smile at and make eye contact with all of the jurors and that some of those jurors return his glances. of course, it's entirely possible, jon, that this

so-called juror issue is nothing more than a scheduling conflict that one or more of the jurors might be facing as deliberations go into a seventh day. jon? jon: all right. we'll keep watching it. thanks for being there for us, jonathan serrie. jenna: to this fox news alert, new developments in a growing scandal at the vatican today. rick folbaum has more on this. rick? >> reporter: well, officials are still scrambling to respond to these leaked documents, and now word from the vatican deputy secretary of state that the documents that have been leaked constitute a brutal personal attack on the pope himself. the pope's butler has been arrested, but an investigation could implicate many more people including some senior church officials, maybe even a cardinal although the vatican is denying that. these secret documents leaked to the italian press unveil plans to oust the number two at the vatican and maybe even replace the pope himself. the italian media calling this

vatileaks, and it's creating quite a scandal, as you can imagine. the pope is said to be following the developments. these documents apparently stolen from his private apartment, and these comments we just mentioned calling it a brutal attack against the pope published in the official vatican newspaper, the very first time, jenna, that publication has reported on this growing scandal. as we get more, we'll pass it along. jenna: sounds good, rick, thank you. jon: stunning new developments in the etan patz case. did the sister of the alleged killer warn police decades ago that he might be involved in the disappearance of that little boy? we'll tell you what she's staying today. and he helped the cia find usama bin laden. a pakistani doctor sentenced to 33 years in prison at hard labor for treason. now his family appeals to the united states to help. we'll hear the plea from his brother. wake up!

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jenna: and this fox news alert, want to bring you up-to-date with what's happening on wall street right now. after facebook finally went public, its shares that first day were offered at $38 apiece. now the shares have fallen below $30 apiece for the very first time since its debut on nasdaq. this is important because folks had been watching to see if it falls below that level. it's been a choppy ride, there's a lot at question about their ipo, and the investment banks that helped with that ipo as well as facebook are the summit of lawsuit -- subject of lawsuits from shareholders. facebook says the lawsuits don't have merit, and for right now shares today down another 7%. jon: right now some new information on crime stories we're keeping an eye on. a third juror is dismissed from the roger clemens' perjury trial. that leaves just one alternate in that case. the federal judge released the juror who had a death in the family. two jurors previously were

dismissed for sleeping. clemens is accused of lying to congress about using steroids. and the sister of the man accused of killing etan patz telling police that her brother confessed to the crime, and she alerted police about his involvement back in the early '80s. hernandez is charged with the child's murder as of last week after telling investigators he lured patz into a deli before killing the little boy. and california police investigating a claim that justin bieber attacked a photographer. the paparazzi claimed the singer assaulted him after he tried to take a picture of bieber and his girlfriend, actress selena gomez. jenna: pleas for justice and protection for the man credited with helping the man capture usama bin laden. the family of the doctor in question say he's been isolated, tortured and starved, and now his brother, in an interview with fox, is appealing to the united states for help. dominic di-natale is streaming

live from islamabad with more. >> reporter: jenna, the brother of dr. shaquille afridayty was too scared to say precisely what torture he'd been told his brother had been through, but he gave us an indication saying his brother had been starved so much, he was so emaciated by the time he was moved to a new prison just six days ago, he's managed to put five pounds in weight now that he's getting proper nutrition, he's able to eat that much and put on that much weight. what the family wants is really help from the united states. they say he helped the cia help hunt down usama bin laden, now it's the return of thitis to reciprocate that. in a dingy office not far from the jail he's held in, georgia meal afridayty says his brother didn't commit a crime, but the family wants the u.s. to provide lawyers for his appeal. >> translator: the blame has

been placed on my brother because of america. we are facing a tough time, and they should now support us. we should get justice and protection. >> reporter: who are you most scared coming after you, the likes of taliban or al-qaeda? or perhaps the government agencies? >> translator: me, my brother, my family don't have any protection here. i don't know in which guise someone might come for us. i'm afraid of the government agencies, the taliban and other terrorists. >> reporter: it's not just jamil that's scared alone, it's the whole afridi family, some 30 of them in total, jenna. apparently, all of them want asylum in the united states, but, of course, they can't seek that unless they end up on u.s. soil. and in the meantime, they remain terrified for their lives. as, indeed, it's a prison we hear because there are so many taliban and al-qaeda militants hide anything there, they fear there could be a riot if someone tries to break into the solitary confinement area and actually

kill the doctor while he's in his cell. >> reporter: dominic has a great write-up on foxnews.com for those of you who want to check out more on this. dom thing in, thank you very much. more news from pakistan as we get it. jon: two murder suspects break out of jail cutting through metal bars and getting past razor wire. we'll tell you about the manhunt now underway. plus, a political battle as big as texas. can the tea party deliver in the lone star state? this 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. [ crunches ] mmm. ♪ [ male announcer ] pringles... bursting with more flavor. [ crunch! ]

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jon: right now a manhunt underway in arkansas for two murder suspects who escaped the county jail. apparently, with the help of a hacksaw. rick is here with more. rick? >> reporter: well, jon, these guys are still on the loose, and they are dangerous people. one of them in for first-degree murder and aggravated assault, the other on capital murder and

drug possession charges. they somehow got a hacksaw blade, and they used it to cut through the metal bars of a small window in their cell, and then they busted a window on a second floor cell and jumped down one floor to the ground. then they crawled under a 10-foot-high razor wire fence, and then they were off. and as you mentioned, the manhunt is on. no clue on how they got that hacksaw, but they're certainly not the first prisoners to saw their way to freedom. in 1977 serial killer ted bundy sawing through a metal plate and escaping through the ceiling of his cell in colorado. he had gone on a diet in order to be able to squeeze through the opening, and once he was out, he went on to kill three people. then three years later ten prisoners squeezing through a 7x14 inch hole after sawing away two window bars with a smuggled hacksaw. that was outside of sacramento. and more recently in 2008 an inmate uses a hacksaw blade to cut through the ceiling of an exercise yard, and then he slides down an outside wall on

bed sheets that he had tied together. that was in mace saw county, colorado. and if you wondering how they get these things, last july a corrections officer in texas was arrested for smuggling tacos garnished with hacksaw blades to an inmate who wanted to escape. so that's one way, and as we learn more about the manhunt, this one in texarkana, we'll let you know. jon: yeah, and double check the tacos. >> reporter: exactly. jenna: right now in texas a republican primary battle following a familiar pattern this election year. the establishment versus the tea party. voters will choose a candidate to replace retiring senator kay bailey hutchison, and the big question whether or not the lieutenant governor, described as a moderate republican, will get the majority needed to prevent a runoff with the tea party favorite, ted cruz. steve moore is on the editorial board of "the wall street journal," wrote about this over the weekend and, again, we're seeing this pattern repeat

itself, steve. texas is a very big state -- not that the other states aren't important -- [laughter] but there's something about texas in this race that really caught your attention. >> by the way, jenna, before we even talk about that, we should note that mitt romney probably will be brought over the top tonight. he'll have all the delegates you need to be the official republican nominee for the president, so that'll be one of the headlines out of texas. but the other big race is the senate race where you have an establishment republican, lieutenant governor, a very powerful figure over the last ten years in austin, ran the state senate, has a lot of money, has the whole gop team behind him. and yet he can't seem to get over the 50% hump because he's got two or three challengers, the main one being a very popular conservative tea party-backed candidate named ted cruz, was -- worked for rehnquist on the supreme court, was the solicitor general, was on the cover of "national review" magazine, the darling of the conservatives, so it's going to be really interesting to see

tonight whether dewhusbandt can get over 50%. jenna: dewhurst had governor mike huckabee, but ted cruz had the sarah palin endorsement. >> that one even bigger, because if you look at the previous races in the last couple of months, in indiana, in nebraska where you had upsets, you had a six-term senator, dick lugar, being defeated by a conservative tea party candidate. in both of those instances, jenna, a key factor in nebraska and indiana was sarah palin coming in and endorsing the upstart candidate. and just about a week ago she endorsed ted cruz, and that's given momentum to cruz, no question about it. she's a queen maker. [laughter] -and-a-half n you think so? is. >> she's the king maker. jenna: do you think that continues? >> we'll see tonight. but as you said, texas is a big state. dewhurst has about twice as much

money -- jenna: and within the pages of your paper, editorials and even the one you wrote noted something that you thought maybe is not as indicative of other quote-unquote tea party candidates that hasn't exactly jibed. >> exactly. the problem with ted cruz, and i like him a lot, i interviewed him, spent a lot of time with him, he does come across a little bit elitist, you know, princeton/harvard man, smartest guy in the room. when i talk to some of the activists in texas, we like ted cruz, but he's kind of a know it all. and people don't like that in their politicians. jenna: we don't know any politicians -- . [laughter] do you? well, it brings up the bigger point of the establishment versus the new guys that are coming in -- and women, both of them together -- and i'm just curious your thoughts about where the gop is as they go into 2012. we mentioned mitt romney's supposed to claim the nomination. but the critics have said that the tea party has hijacked the

gop, some say it has been absorbed. >> i wouldn't use the word hijacked. i think they're still extremely influential. you see that in nebraska and indiana, and, you know, what i see in a lot of these primary races that a lot of people in washington, d.c. don't get is there's a lot of anger, and there's a lot of frustration and impatience by the tea party people. why did you vote to raise the debt ceiling? why aren't you bringing the debt down? all these things have caused a lot of anger among conservatives, and you're seeing that in these key races. that's why tonight's race is a critical lead indicator about how angry the tea party people are down in texas. jenna: and as powerful, potentially, tz the 2010 midterms, would this be a measure of that? >> oh, yeah. what you're going to see, you know, in 2010 you saw not just more republicans, but more conservative republicans elected. if the tea party can follow that up in 2012, you're going to have a much more conservative -- not just a republican senate, but a more conservative, you know,

pro-taxpayer senate that is much more interested in the issues that the tea party people, you know, cause them to really get angry and get involved in politics. jenna: interesting time in politics. i guess it always is. >> yeah. jenna: pretty interesting race. steve, thank you very much. nice to have you in the studio, as always. jon? jon: we're also on verdict watch in the john edwards trial as jurors continue deliberations for a seventh day. there are new concerns outside the jury room that they could be deadlocked. our legal panel is here to discuss that possibility. hey, the new guy is loaded with protein!

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jon: "the new york times" today devoting part of its front page and several pages inside to president obama's evolution in the fight against al-qaida, including details of the president's personal oversight of what the papers call a kill list, designating ter terrorists for death or capture. it delve into the nation's views. let's talk about it with bret baier. you've been a longtime at the pentagon and white house, you know how these thins happen. i'm curious about who is releasing information about some of the most life and death decisions that get made inside the white house. how does a piece like this get

built? >> reporter: that is a great question. washington has a history of being pretty leaky, even more so in recent years. this is a fascinating piece that gives you a behind the scenes look into perhaps the listing of all of these folks, these terrorists who are on a list to be killed, and the evolution that then senator obama, when he was on the campaign trail, became president obama, dealing with the situation that he sees in the counterterrorism efforts. it's pretty amazing when you look at the paradox here between an administration that was saying that you had to close guantanamo bay because of the image that it sent around the world. the fact that that has not happened because of the difficulty in making it happen, and what about the image of killing folks around the world in different places, including countries that don't necessarily want us using armed action in

those countries. it's pretty fascinating the evolution of this president from a counterterrorism point of view. jon: it talks about the difficulties or the differences i guess between being a candidate and being an actual president. here is a quote that caught my eye in that article from the times, it said, in the wake of anwar al-awlaki death, some administration officials including the attorney general argued that the justice department's legal memo, the thing that authorized the strike should be made public. in 2009 after all mr. obama had released bush administration legal opinions on interrogations over objections of six former cia directors. this time contemplating his own secrets he chose, that means mr. obama close to keep the

anwar al-awlaki opinion secret. so he won't release the documents that his own administration has used to justify the killing of anwar al-awlaki and others. >> reporter: it's amazing in context. in the early days of the obama administration remember the release of all of the documents detailing the interrogation techniques, detailing all of the high value detainees interrogations, and how they went down. all of that came out over the strict objection of many people at the cia, many people in the intelligence community, and the reason why was because they were concerned about down the road the implications of that. now this administration is concerned about the implications of releasing other documents and other things related to the drone strikes. i think you are seeing an evolution from candidate to president, but it's pretty stark when you look back at the

context of those early days. jon: there are many critics, including our own judge andrew napolitano that in essence the president has become judge, jury and executer in some of these drone strikes. whether that is a good thing or bad thing is up to the opinion of the individual american, but it is an extraordinary power that the president has assumed here. >> reporter: especially when you're talking about american citizens. i think judge napolitano was take talking about that. when you talk about terrorists in the field of battle we've gone through that become and forth about the use of military strikes against folks that are believed to be enemies against the united states. when they are american citizens, like anwar al-awlaki, that is an interesting debate. jon: and the debate will go on. bret baier, thank you. you can catch bret6pm eastern time, he anchors special

report. jenna: big news out of the treasury today announcing a top official is traveling in europe meeting with senior government owe figure -fs greece, germany, spain and france. when asked by fox business if this trip is a sign of growing worry about the euro zone a spokesperson said they had no further comment. charles payne joins us. just as someone who watches the market and the economy, how concerned are you about what is going on in the euro zone? >> on a scale of one to ten 9.5. as we speak the euro is melting right before our very eyes and that is despite coming into this week with better news or some sense with respect to greece and the polling there, that the one party that is in favor of living up to obligations and taking on austerity, that maybe they could win the next round of elections. they are ahead but it's obviously a tight race there. in the meantime spain's economy

is beginning to unravel. we know about france and the elections there and what the implications are for that. germany has drawn a line in the sand, angela merkel was staying steadfast, she is not learning to take german taxpayer money to prolong the lavish lifestyle of the greeks, italians, french, portuguese and spaniards. jenna: we'll see if the line stands. that i can a very particular line especially with germany being this really powerful economy in europe. in london today there was a summit apparently to discuss amongst top officials what to do, what is their plan if something happens with the euro zone, if it starts to unravel. is there anything that the average investor can do, is there anything you're doing to prepare yourself for that potential happening? >> i tell you what a lot of people are doing, they are running for the hills, plowing the money into u.s. treasuries which pay no yield but you can sleep at night. putting money in cash, putting money in just -- taking money out of anything with any

possible risk. you're right over in the u.k. they are having this meeting in part because they are already in recession, some people are saying it's kind of odd that we are not part of the euro and we are in recession. that's because we missed the negative economic implication of what is happening in these nations in europe. it's a political issue but it's an economic issue. if you think over the last few years it's been the big events, the housing bust, the japanese nam r these big things, sometimes out of left field that you're not prepared for, what we call an economic shock to the system, and certainly the u.k. feeling a lot of pressure already, it's a wise move to start to discuss what to do if the whole thing comes apart. but i still ultimately think that they will somehow cobble something together, although it's obviously not a given looking at things around the world. jenna: it's almost like a slow-moving storm. you wonder when it's going to actually come together if at all. we'll see what they can do.

>> it's been a form of torture, you remember last summer and fall we went through this and every monday our markets were down because we didn't know what was going to happen in greece. it almost knocked us into a double-dip recession. you can imagine all the trading partners. jenna: anything can happen as we go into -t the fall and see if the pattern is repeated in europe. thank you so much. jon: two young women missing from college towns hundreds of miles apart. could new information link their disappearancess? the family of one missing girl is speaking out. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy...

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jon: the john edwards corruption trial, the jury still deliberating for a 7th day, as speculation grows that they could be deadlocked. the sticking point may be where jurors come down on a central question in the kay. did edwards use nearly a million dollars from wealthy donors to hide his pregnant mistress from his wife or conceal the affair from american voters.

a twitter message never revealed at trial could be key to answering that question. lis wiehl is a former federal prosecutor. and jennifer bonjean, a criminal defense attorney. if is all confusing to me. if you're married you don't want your wife to know you're having an affair, but if you're running for president you don't want the voters to know either, right? where does the line get drawn here. >> i think this message helps the prosecution, because you don't want her to find out, so what would you do to keep her from finding out, her being mrs. edwards? you would do everything, use the campaign funds, not gifts, campaign contribution toss make sure she never found out about the a fair you're having. jon: let's talk about the tweet in question. this is something that the daily beast uncovered in a look at his twitter account. on may 25th in 07, thrilled to be in iowa with elizabeth and the kids, working with io wants

to support our tr-ps and bring them home. that suggests jennifer that his wife was una fai unaware of the fact that he was carrying on this affair with reill hunter at the time. >> they put on a great deal of evidence about how distraught his wife was, all of this incredible evidence about her ripping off her blouse. had she known that this was going on right underneath her nose i sincerely doubt that she would have been participating in the campaign with him, that they would have been going on the road together. so it suggests that she did not know, which means therefore in the defense's theory is that he was using the money to keep it from her and from his family and from public embarrassment. >> even more reason to cover up to keep the campaign going, because if it was uncovered and she did find out about it again, then the whole campaign would fall apart. jon: doesn't the existence of the tweet also suggest that he's trying to hide all of this from

voters? >> well, he's trying to hide it from the public. certainly there -- >> that is voters. we the public are the voters. >> that is true, he's trying to hide it from the public. public embarrassment. at the end of the day would the people have given him that money if they knew what it was going for? it strongly suggests that they would have. we know fred baron would have given the money. >> the jury instruction were on target. the judge said it doesn't have to be for one reason, if that was a reason to cover it up from the public to keep the campaign going that could be enough. >> they had to show that edwards had an intent to violate campaign finance laws. we have a savvy lawyer, someone who is very familiar with the election campaign laws. >> that's true. >> we have someone who consulted other lawyers about this. and we have the fec who said he committed no wrongdoing. >> very familiar with campaign finance laws i would say right there you make the point for the prosecution, which is he should

have known what he was doing was wrong. >> the federal election commission doesn't think he did anything wrong. the same agency that is responsible for enforcing and administering the laws said he didn't do anything wrong. >> that is not relevant to a criminal charge. >> there was a memorandum that was admitted into evidence that said exactly that. jon: you two are experienced jury watchers. i've covered probably 27 big trials in my career. >> and been on the grand jury. >> . jon: yeah, i probably guessed wrong on the jury decision in 35 of the 27. >> how does that work? jon: i don't know, bad math i guess. but my question is, there is a lot of supposition here that this jury is deadlocked because of their behavior, when they are coming into the courtroom. you've watched a lot of jurors, what do you think? >> i think the idea of wearing the same clothes is just lore. jon: so viewers understand the at jurors have been wearing sort of identical t-shirt colors i guess.

>> you can draw nothing from that. alternates tell you nothing. >> i remember in the john petersen case, the scott petersen case we were all there covering the case in california, and everyone was just, oh, my goodness they are all happy with the bus driver that particular day. it was the bus driver's birthday. they were giving him a hug. the verdict wasn't out for days after that. you can't take anything from that. jon: jennifer? >> i think it looks like this jury is deadlocked. the believed foreperson is a financial adviser, and i think that bodes very well for the defense, because i'm sure the edwards team wanted to assemble a jury that had highly educated people in the finance world that would perhaps look at the technicalities of the campaign finance laws more closely and not be swept up in the emotion and the moral issues that are add hand. >> i agree with that, only because i think everyone in that jury room does not like -- that is the nicest way of saying -- john edwards. they have to stick to the law.

they can't have jury nullification. we don't like him, we're going to convict him. i give that you. >> we have a fundamental difference between the legalist and the moralist going on right now sthao we'll see wha. jon: day seven of deliberations. when the verdict comes down we'll bring it to you. jenna: you have two young women missing from university towns hundreds of miles apart. why investigators hope they will find a common link between these two mysterious cases next.

jenna: an interesting story out of dc today, house budget chairman paul ryan controversial medicare plan is getting a new chance for survival with the help of a liberal democrat, senator ron wydon, both parties

trying to put their differences aside to save the program despite on going criticism from the left that the proposal is the quote, end of medicare as we know it. jim ingle is live in washington with more on this. >> reporter: that's right. there is one uncomfortable fact some politicians refuse to acknowledge, every household in america would have to pay an additional $230,000 in taxes to cover the unfunded promises made under medicare. >> look at the fact that ten thousand seniors turn 65 every single day. medicare and the medicare guarantee, it's the ball game for the federal budget. >> reporter: that's why liberal oregon senator ron wydon a former legal aid lawyer that helps seniors with problems is coresponsing a plan with paul ryan to reform medicare before the promise to seniors is in at thain tatters.

>> we will see a steady diet of benefit reduction for senior citizens and cost shifting and that will take place until the medicare guarantee is threatened and i am not going to sit by and let that happen. >> reporter: senator wyden and paul ryan are proposing premium support which would allow private insurers for compete for the business of seniors. they'd still have the medicare guarantee, the insurance companies would have to cover everything that medicare does and seniors would get premium support equal to the second lowest bid so that retirees would always have at least two affordable choices for healthcare. the amount of premium support would be reset every year to shield seniors from cost increases. nevertheless, the president and others oppose premium support, while wyden says it's the only way to save the program. listen. >> while we do need to reduce healthcare costs i'm not going to allow that to be an excuse for turning medicare into a voucher program that leaves seniors at the mercy of the

insurance industry. >> a lot of senior citizens under today's system, they might have a heart condition, they might have high blood pressure, and they get on the phone, they make six, eight calls, they can't get a doctor to see them. >> reporter: that's because medicare pays so much less than private insurers, fewer doctors will even see medicare patients. wyden says that has got to be fixed and that he says both political parties have to come together. jenna. jenna: an unlikely team. we'll see what else is possible out there, jim, thank you. >> reporter: you bet. jon: right now the search for two missing female college students. police in both indiana and louisiana are now investigating potential links between the two cases. rick folbaum at the breaking news december w-bg that. >> reporter: jon, real similarities in these two cases, both women arblond hair and petite college students. they both went missing after a night of drinking with friends and more importantly perhaps authorities in both of these

cases have looked into a white pickup truck as a part of their investigation. police in indiana thinking that there are enough similarities, at least to check it out. lauren speir missing for exactly one year now, disappearing from the campus of indiana university in bloomington after a night of partying. mickey sch u.n. ick went missing this past may 19th. a few days before her 22nd birthday. last seen leaving a friend's house not far from the university of louisiana campus. she was riding a bike and that has become a focus of that investigation as her bike was found under a highway bridge. officials say that they are sharing information with police in looming ton to see i bloomington, although at this point they do not think there is. jon: hope they can get some answers. thanks. jenna: incredible video showing a woman holding on for dear life after slipping out of her parachute's harness. what she told her skydiving

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jon: this just into the fox news room, you might recall new york mayor corey booker mentioned president obama's attacks on bain capital were nauseating on "meet the press". he later issued a retraction that some said seemed very forced. at any -- at any rate, his communications, a woman named ann torez, apparently has resigned, she says she has decided to pursue other opportunities. but ann torez, corey booker's communications director, is out. of course, nothing in politics happens in a vacuum. the mayor says it has nothing to do with his appearance on "meet the press". perhaps only the two of them know. at any rate, we'll keep an eye on that story and any more after effects from that big "meet the press"

appearance. jenna: good context, though, you're right, only between the two of them. see you tomorrow, everybody. jon: "america live" starts right now. megyn: fox news alert, hello again! on security concerns coming from a new and detailed look at the role of president obama when it comes to the war on terror. welcome to "america live" everyone, i'm megyn kelly, just one day after a gallup poll shows six out of ten veterans support governor mitt romney over president obama in the presidential election, "the new york times" releases a lengthy and detailed front page article going into the *r president obama's, quote, personal role in the war on al-qaeda. inside, reports of a secret kill list, and a president who personally approves lethal action without handwritinging under certain circumstances but also inside an enormous amount of sensitive information and that is raising questions about the obama administration's intelligence officers and their relationship with the