passenger passengers deplane and and you see another plane landing. today's incident comes after another scare at o'hare and it list involved an american eagan fell plane which had its rudder clipped by a 747 cargo plane. we're keeping an eye on o'hare today. we'll give you updates as we get them. jon: also keeping an eye on the pacific ocean where we're awaiting splashdown. a huge moment for the future of our space program. the dragon capsule on its way back to earth right now after meeting up with the crew of the international space station. we will take you to mission control live. jenna: also some brand new polls showing two big advantages for president obama could be slipping a little bit. governor romney gaining points with women voters and mr. obama's personal favorability trending down. we'll have a little more on that. jon: also, if you leak your big gulps, you better down them now. one major city is considering a ban on sugary drinks larger than 16

ounces. critics want big brother's hand off their beverage of choice. it is all "happening now." jenna: what happens if you're really thirsty? jon: tough take a medium gulp or tiny gulp. you just can't have a big gulp if the mayor gets his way. booed morning to you. high drama about to drop from the skies as world's first private spacecraft to dock with the international space station gets ready to end its historic mission. i'm jon scott. jenna: we didn't know if they would be able to do it. looks like they pulled it off. jon: looks like it. jenna: this is a very important part of their journey. i'm jenna lee. we're look live at spacex mission control in hawthorne, california. what they're doing right now is tracking the spacex dragon capsule as it leaves the earth's orbit heading for a dramatic splashdown

very shortly in the pacific ocean. the capsule is set to parachute down in the style of nasa's apollo spacecraft. the dragon hauling back 1400 pounds of space station equipment and scientific examples. phil keating has been looking at this live from miami. phil, as jon said, things seem to be going okay now? >> reporter: absolutely. inside hawthorne, california, mission control for spacex the engineers are cool, calm, collected. no emotion or cheer two minutes ago, the deorbit burn and entry into the atmosphere ended with the capsule firmly intact. it is about to jettison the trunk. that is where the solar panels are can'ted with the dragon capsule. obviously those are not needed now that it has one job left to plummet and parachute safely into the pacific ocean. this should happen in a zone roughly 500 miles southwest

of los angeles and west of mexico's baja peninsula. just like it did in 2010 during the first test flight it will come down with three massive parachutes, splash down in the water. then there is a big barge with a crane on it. it will send out some smaller boats. they will take a scuba team out there and toe it back to the ship and -- tow it back up and will be deemed a historic success. it has made great mile stonls. first private company to launch a capsule and to the space station and take the space garage and other equipment and we'll know in 39 minutes whether it makes as successful splakdown. jenna: following spacex on twitter they say the dragon thrust terse are firing deorbit burn. maybe for space nerds out there or maybe you do phil, will we have live pictures of seeing thing hit the

ocean? >> very unlikely. no runway, no landing strip, no space shuttle type of return to earth in store for here. it is relatively small capsule. it is 20 feet tall and plummeting down to the earth like a comet. once the three parachutes deploy trying to spot that in the sky will be extremely difficult. the navy has a p-3 flying around and it has some cameras. most likely the first images we'll see will come from spacex once they get the little boats out there to the capsule floating in the water. in the future the plan here that the dragon will have thrusters underneath the capsule and will land like helicopter precision on the landing pad out there in california. that is the future of space travel. not public anymore. it is private and public. jenna: unbelievable. so many doubters of this company early on. quite an accomplishment. phil back to you as we get breaking news. thank you very much. we'll take everybody to

washington, d.c. now where the president and mrs. obama are getting ready for lunch with the bush family. both former presidents and first ladies are visiting the white house or are at the white house for the unveiling of president george w. bush's portrait. a happy occasion but the timing is interesting. it always is with the president recently citing the bush economic ol sis in campaign attack ads, targeting governor romney. ed henry at the white house for the interesting meeting today. what can we expect to see? >> reporter: isn't it kind of rich, president obama spent for more than three years focusing in part how he inherited a economic crisis from president george w. bush. this is a day to put that aside. the last time george w. bush was here at the white house with president obama a couple years back when he came here together with bill clinton for haiti relief. this is former fraternity of presidents to come together. in fact it was president

george w. bush who unveiled the portrait of bill clinton. he came back. they had nice things to say about each other despite political differences. former president clinton in office many years ago unveiled the portrait of president george h.w. bush even though they squared off obviously in 1992. this is a chance to put aside some political differences come together. we're told the lunch between the obamas and bush family, not just george w. and laura bush as well as george h.w. bush and barbara bush the former president's mother. this will be the bush family and obama family in the red room of the white house on the west wing and will be in the east room where they unveil the portrait. jenna: both former presidents and first ladies are visiting the white house the president and first lady do live in the white house. we have the entire bush family, as you mentioned, both president bush and the first ladies in the white house today. let's talk a little bit about the re-election battles in general because

there's a lot of comparisons that have been made and are there comparisons to be had between what the president is facing now and what former president bush, george w., had to face in his time? >> reporter: no doubt about it. george w. bush in 2004, how did he get reelected? in part by facing off with john kerry who was from massachusetts of course and he sort of painted him as a flip-flopper. what is going on today while this portrait unveiling is going on at the white house, you have david axelrod, president obama's chief campaign advisor on the steps of the statehouse in massachusetts beating up mitt romney, former governor of massachusetts as a flip-flopper and, you know, beating up on his record. so they have obviously studied some of the george w. bush playbook. i would obviously point out as well, they like that playbook better here at this white house than the george h.w. bush playbook where a sour economy ended up leaving him with just one term in office. they don't want to repeat, that jenna. jenna: that is a good point, ed. when will we see the

portrait by the way? when do the public get to see what they look like? >> reporter: we'll see it when they unveil in the reese room. you've been here for some of the holiday parties. president kennedy's portrait is hang up there. president clinton. leaders of both parties. pretty cool when you walk around the residence area when you see that. i also wonder whose portrait will they take down to make way for president george w. bush. that getting a little political. jenna: that gets a little political. ed, we'll be back with you for more on this throughout the day. thank you very much. >> reporter: good to see you. jon: some brand new polling this morning from those battleground states that almost certainly hold the keys to the white house in november. right now the latest polls from iowa show a very tight race with president obama and governor romney tied at 41%. mr. obama holds a slight lead in colorado with 44% but still inside the margin of error, essentially a tie. in nevada, the president also narrowly ahead of

governor romney, 46 to 44%. but again inside the march fin of error. -- march begin error. let's bring in a.b. stoddard, associate editor at "the hill." these are all critical states because president obama won them last time around. george w. bush won them in two to,000 four. what will happen this time? >> wish i had the answer to that question. the polls are showing a very tight jump ball race. this is very good news for mitt romney to be so close to the incumbent president in the race at this stage. and we're going to see a very tough fight in the months to come. and he's made up ground in polling where, with groups he needed to shore up sport with, mitt rom nip has and he has president obama and his campaign team quite worried. jon: but if you're president obama's top campaign advisor, david axelrod, you're not worried. take a listen to what he said today. >> why the shift? >> well, first of all they're called battleground

states for a reason, matt. they're the closest states in the country. they're very closely divided politically and what happened is what we anticipated would happen when there is republican nominee, republicans and republican leaning independents consolidate behind that nominee and we have the race that we expected. the most interesting polling number i've seen in the last week is actually one here in massachusetts where mitt romney is losing his home state by 25 points. i don't think that's, i don't think anyone lost their home state and won the presidency in 100 years. that does speak to sort of how people view him and his record. jon: so david axelrod there seems to be turning a negative into a positive. he is pointing attention to massachusetts. everybody expects that massachusetts is going to go for president obama. the real battlegrounds are these states we've been talking about. >> right. and so that's just not really relevant, massachusetts in the democratic column and it always is in presidential elections. so what mitt romney is looking at is a path that

includes the george bush 04 states plus one of the ones that obama won in '08. so he is looking for florida and ohio, virginia, north carolina. he wants to get one of those iowa, nevada, colorado, one of those other places that he is so close with president obama in now. and i think that he has done a good job as, actually as david axelrod mentioned, at consolidating his support among republican voters who were actually stubbornly clinging to support for his rivals even when they knew they couldn't win. before he was even the official nominee on tuesday night in texas after that primary they had, polls showed they had rallied behind him. that is why you see him shoring up support with the proper groups and giving president obama a real race. >> the economy likely to be issue number one and some of the economic numbers suggest that president obama is getting some bad news this week? >> right. the growth estimates that we were looking at in early months of this year when the

jobs report were actually good and improving showed that those numbers couldn't really last and the number of 200,000 job as month, that number was not going to be supported by the growth estimates. now they're looking even more weak. so it is not good news for the president. he is running out of time. all along we said let's look at the job numbers in 2012 summer, let's look in early fall. those opinions about the economy and where it's going and whether the country is on the wrong track are forming now and they're likely not to change and that is why the obama team is worried about those numbers. that's why they count so much. jon: a.b. stoddard from "the hill." thank you. >> thank you. jenna: we'll shift gears a little bit here to an intense manhunt for a suspect in a gruesome crime. police say he sent body parts through the mail and may have videotaped a murder. the latest on the search for the kidder in a few moments. jon: plus we're awaiting the splashdown of the world's first-ever commercial spacecraft to dock with the

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jon: veteran police officers call it the worst crime scene they have ever witnessed. a murder that resulted in body parts being sent through the mail. now an international manhunt is underway. rick folbaum has some new information. rick? >> reporter: jon, very

disturbing case and the details we should tell you ahead of time are extremely graphic. a severed foot sent to one address. a hand sent to another. a torso found behind an apartment complex. now the search for the killer. police in canada say they know his name, luka rocco magnotta. he is a 29-year-old who has a website where he describes himself as a model and porn actor. he has written blog posts about torturing and killing kit ends. he also written a post how to disappear and never be found. but police say they must find this guy to keep him from hurting anyone else. police have gone through his apartment in montreal which was covered with blood. that is where the murder and dismemberment was apparently carried out. listen. >> tell you one thing, for most of the officers have been there all night long, this is the kind of crime scene they have never seen in their life and career. yes i consider this a horrible crime. >> reporter: police say he knew his victim and they're

working to remove online video apparently he posted of the actual murder. they also believe that it was one victim and that the body parts all came from that victim, the one sent through the mail. one blood-soaked package arriving at canada's conservative party headquarters. another going to the liberal party. but officials say they do not think there is a political motive here. media reports in canada say this guys does have a prior record but certainly nothing along the lines of what he is charged with doing now. and he is also known to have a couple aliases. eric clinton newman and vladimir romanoff. police say he is 5'10"s tall, 135 pound, black hair, blue eyes. just breaking jon, within the last half hour, they say he may have already fled north america. he is added to the international most-wanted list, the interpol one. if you have any information call the police department in montreal and tell them what you know. back to you.

jon: let's hope the guy who claims he knows how to disappear doesn't. >> reporter: let's hope so. jon: thanks, rick. jenna: what a horrible story. summer may not be the same for soda lovers in one big city where the mayor wants to ban supersized sugary drinks. it has the critics calling him out. a whole different debate happening right now. judge napolitano will join us in a moment. drama the size of texas in the republican race for the u.s. senate. two candidates now in a very tight runnoff. we'll talk to both of them coming up on "happening now." [ male announcer ] this is the at&t network.

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jenna: big news out of new york city because of something that the mayor would like to do and critics are calling mayor mike bloomberg, the nanny mayor

and here's why. he is proposing a sweeping first in the nation ban on supersized sugary drinks in this city. just so you know supersized is anything more than 16 ounces. that is how he defines it. anna couple man in new york with details. anna. >> reporter: this is the latest effort by mayor michael bloomberg to try to curb obesity in the city. critics argue this proposed ban is another example of the government overstepping its bound and our personal lives. it would impose a limit to 16 ounce bottle and sweetened drinks to places regulated by the city's health department. diet products and alcohol would not be affected. 20,000, theaters and street carts. dairy products and alcohol would not be affected as well citi's newsstand and vending machines and grocery stores. opponents say this is just

another instance of the big apple becoming a nanny state and their efforts are misguided. in a statement by the new york city beverage association they strongly criticized plan saying quote, the new york city health department unhealthy obsession attacking soft drinks is pushing them over the top. it is time for serious health professionals to move on and seek solutions that are going to actually curb obesity. these zealous proposals just distract from the hard work that needs to be done on this front n 2002 you remember new york city banned indoor smoking in nearly all bars an restaurants n 2006, it became the first to ban artificial trans fat from restaurants and in 2010, new york city set guidelines recommending maximum amounts of salt for restaurant and store-bought food. the proposal requires the approval of up both the city's board of health and commissioners. that board of health made up by people appointed by the mayor. we're told the ban could take effect early as march next year. jenna: if he gets his way. anna thank you very much. certainly a lot of critics of the mayor's plan.

look at judge napolitano. call him mother bloomberg. >> i do. jenna: before we get your personal opinion which is why we invited you on and your legal opinion is it legal for the mayor to do this? >> no. this is not legal. this would have profound effect on interstate commerce and interstate commerce under the constitution can only be regulated by congress. effectively the mayor is taking the largest commercial base in the country, new york city, and saying a certain product absolutely lawful, can not come into the city, can not be sold in the city and can not be moved in commerce in the city. that usurps the role of the congress. second, what's with the 16 ounces?. jenna: let's hear -- >> 16 ounces -- okay. jenna: there we go. 16 ounces. >> and 17 ounces is not? jenna: argument in the studio everyone looked at this said that is not 16 ounces. that is 12 ounces. this is 16 ounces. this is allowed. anything bigger would not be

allowed. if you can get refills of the 16 ounces you can do that. >> the government can't be ash tray. something works at 16 but not at 17 unless there is basis than the mayor's opinion. jenna: what about speed limit. >> very good question. before congress set the speed limits the congress held a lot of hearings and looked at a lot of studies how savable automobiles could go. it evaluated miles per gallon and safety of passengers. jenna: if they're doing that. health commissioner says sweetened drinks are responsible for half the increase in obesity rates last 30 years. mayor's aids say they have the legal authority. they have authority to look at local easing establishment same as whether they put a rating on restaurant whether it is clean or sanitary. >> mother bloomberg is megalomaniac. if she can take away free choices of adults and individuals and make the choices for us. he lacks the authority under

the constitution and under the laws that governor earn him. jenna: you say he doesn't have that but what is stopping him? what legal case come in? what would actually stop him from doing this? >> the beverage industry would file for an injunction before federal court. this will be enjoined before it ever becomes law. it will never see the light of day. that is obviously how unconstitutional. jenna: may want to stock up on 20 ounce bottles, judge. i will check your office. >> i have a couple 32-ounces for you. do you think he can change people's taste and what they will drink and what they will buy? mike, you have more important things. jenna: judge, thanks very much for that. we'll continue to see. >> from my perspective it is fast nating legal case. jenna: we're glad you're fascinated by it and we are as well. now a little thirsty. >> that 16 ounces looks small. jenna: we obviously have no portion control at all. judge napolitano thank you very much. weren't you surprised, jon? jon: i would say 15 ounce

containers and free refills. how about that? there is a major new development to tell you about in the presidential race. president obama's poll numbers slipping among a crucial voting bloc and jumping for governor romney. what is behind it? will this trend continue? a fair and balanced debate on that coming up. plus after its historic launch into space and docking with the space station, we're awaiting a dramatic return to earth. the world and mission control watching the smashdown of the dragon capsule in the pacific ocean. it is now just minutes away. 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. ♪

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jon: fox news is america's election headquarters and right now a new poll out on how a key voting bloc feels about president obama and governor romney at this point in the campaign. governor romney's favorability rating among women is getting a boost, a

13% jump since mid-april. meanwhile, president obama's favorability rating among women dipping by 7% over that same period. still the president, we should point out leads the governor among women overall by 11%. what is going on here? marjorie clifton, former consultant to the obama campaign and principle at clifton consulting. angela mcglowan is a fox news political analyst. marjorie, why do you think the president's favorability rating among women has been slipping? >> well i think with all polls you have to look at things over time and not just in a snapshot. what are the trends over time? we've seen obama has taken the lead but what attributes bump. i looked back in april. what was happening in april? that was at time birth control debate was really erupting. what we saw obama got a huge boost during that time. he was up to 18-point lead. he had a 12 point lead when he won in '08. actually a huge bump to where he was with woman even

before. had to do with women overall, regardless, republican, democrats, independents, favored the democrats position on birth control issue. this is more of an evening out. what we've seen is that the birth control issue alone is not something that is going to hold over time. but it's something that did give him that boost, that snapshot shot in time. jon: angela, is that why republicans have pointed out it is not necessarily a birth control issue but a rights and responsibilities issue, a freedoms issue? >> it is a freedoms issue. reproductive rights is not the only thing women care about. i have to disagree the fact is women care about jobs. women care about the economy. and unfortunately this administration campaign used so many types of gimmicks besides standing on policy that it is beginning to backfire. and women want results. we're solutions oriented. just because president obama wants to give us free birth control and true that he appointed two women to the supreme court and dealing

with equal pay, that is not going to win our vote. it is up for grabs. he got the vote overwhelmingly in 2008 but if you remember, marjorie, in 2010, women helped republicans win the house. jon: just a little over a month ago, "abc news/washington post poll" took a look at the favorability ratings of these two candidates and there has been a noted jump there as well. president obama was at 56% favorable back in mid-april. right now at 52%. governor romney at 41% now, but he is up from 35% earlier. what is the explanation there, marjorie? >> well, i think again it comes down to the economy. i mean that is going to be the issue that plays and i agree women care about the economy first and foremost as do all americans. >> right. >> it is on social issues that sometimes romney gets on rocky ground. it will be a question to play whether the economy does end up giving romney that boost. whether he is someone that women feel like they can connect with. but in terms of where we are

now with the numbers, obama is about on the same favorability ratings as george w. bush and ronald reagan were when they went into their elections and i think the thing that is little bit in question with romney, he is a bit on shaky ground. he is not where typical candidates are at this stage in the election process when they are sort of the new nominee. jon: really? >> won nomination last night. can talk about reagan and george w. bush, different day, different time. americans are suffering and all these president's policies have not worked. i believe romney might be on shaky ground dealing with some of the social issues but when we go to the ballot box as women we're not going to vote on social issues. we're going to vote on our pocketbooks. right now obama is not helping us much with that. jon: all right. >> romney came out with education plan. i think it is up to romney to do an aggressive advocacy campaign to get the women's vote. jon: we'll have to leave it there. angela ma grew wan, marjorie

clifton the thank you both. >> thank you. jenna: the boss versus the banks. what bruce springsteen just told his fans at his live concert. we're on the story coming up. countdown to the splashdown as the dragon capsule gets ready to land in the pacific ocean after an historic mission to the international space station. what the flight means for our space program. we'll be joined by a former nasa astronaut just ahead good morning! wow.

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one's opinion, aren't they? neither candidate won a majority in tuesday's republican primary. that's a fact which means the two will go head-to-head in a rainoff election on july 31st. a lot of time between now and then. that's why we grabbed two of them now while they had a moment to breathe. ted cruz is with us and lieutenant governor dewhurst are both joining us now. nice to have you both, gentlemen. >> great to be with you. >> a pleasure. jenna: ted, you're a little bit of the new guy and lieutenant governor, i will get to you. ted, i say new guy a little bit of a compliment in this election a lot of folks pointed to you are the new guy. you have the tea party movement behind you. you have sarah palin. what do you think you bring to the national stage that is really new and really different? >> i think all over the country we're seeing a tidal wave where voters are fed up with the same tired establishment incumbents. it's been career politicians in both parties that have spent us to the brink of bankruptcy. we have a $16 trillion national debt. it is larger than our gross

domestic product. i think americans and i think texans in this race are looking for new leadership. they're looking for a strong conservative and a fighter to stand up and stop the obama agenda. to shrink the size and power of federal government and eliminate our debt. jenna: let's talk a little bit about your background. you've been with state government since 2003. you have an ivy league education. you worked a little bit in d.c. you advised the bush and cheney campaign. so, how outsider are you really? >> well, i have spent a lifetime fighting to defend the constitution. i have never held elected office. so this is my first campaign but i have a spent a lifetime, starting from in high school when i studied free market economics and memorized a shortened version of the constitution and toured the state of texas speaking on free market economics and the constitution. going on to college where my senior thesis was on the 9th and 10th amendments to the u.s. constitution. and i served five 1/2 years

as the solicitor general of texas, the chief lawyer for the state in front of the u.s. supreme court. i served under greg abbott. i think is the finest attorney general in the entire country. and during that time over and over gentex sass led the nation defending conservative principles. we defended the 10 commandments in one. we defends the pledge of allegiance in one. we stood up and fought the world cut court and united nations and the president of the united states. we defended u.s. sovereignty. and won. that is the record i'm running on. jenna: mr. cruz, you talked about career politicians if you get elected the term of six years, are you telling voters you will only do one term? that you're not going to be in office for a few decades as we do see some politicians? >> i have no interest in being in office for decades. i strongly support term limits. and in fact i have committed to cosponsor a constitutional amendment to limit every member of the u.s. senate to two erms.

every member of the house to three terms. that fight being led right now by jim demint and indeed by the five strongest conserve i was in the senate today, jim demint, mike lee, rand paul, pat toomey and tom coburn. i'm only candidate in the country who all five are supporting. they need reinforcements and strong conservatives in the senate. jenna: very interesting i will start there with your opponent. mr. cruz, we look forward having you back. thank you very much. >> thank you. great to be with you. jenna: with us lieutenant governor david dewhurst. lieutenant governor, you heard a little bit what ted had to say there. start with the strong conservative point because some have described you as a moderate republican. and i'm wondering if you would describe yourself that way and what is a moderate republican? >> first of all that is all political spin by mr. cruz and his washington special interests who spent $6.5 million in negative ads against me. not one statement which is true other than they pronounced my name correctly.

jenna lee, there is not a dime's difference between a governor rick perry's conservative record and mine. i've cut taxes in texas 51 times. i have every year cut spending by billions of dollars. $14 billion last year. i balanced five state budgets. i have led the fight against obamacare. i'm a lifelong conservative businessman. jenna: some point to that experience as a negative, right? that's what we heard in the rhetoric of this campaign. the more experience you have, the more insider you are. i'm just curious, you obviously find value in your experience. why do you think that experience is necessary to be an effective senator as you represent potentially the state of texas? >> jenna lee, the lieutenant governor's position in texas is part-time. i'm a lifelong outsider conservative businessman. i do, i'm the only proven conservative. i'm the only doer in this race.

mr. cruz can talk very eloquently. he is a good debater. i'm a doer. i just went through a list of cutting taxes 51 times and cutting spending and balancing budgets without raising taxes. washington is broken. we're on the edge of the cliff. if we don't change washington, we're going to ruin the future for our children and our grandchildren. i can't permit that. i'm offering myself. i'm asking the people of texas to send me to washington as a long-time fighter to turn this country around. i have done what everybody else is talking about in this race. jenna: you mentioned the $6.5 million in negative ads your opponent spent to put you in a unfavorable light. some point to your wealth. really the campaign in this point will come to money. you have the edge there and that will push you over the top. what do you say to those that say that? >> no, no, no. i have, we have overwhelming support all around the state of texas. as i travel, jenna, all

around the state we've got, we've got people begging me to fight hard to win with, to go to washington and turn this country around. they know there's a big difference between talk, talk's cheap and being a doer. i've done it. although i'm a part-time lieutenant governor, i have fought every chance i could for the people of texas. and there is a reason why texas has the strongest economy in the country. the number one job creator and it is because rick perry, myself, the house and senate, we created the texas success story. and i'm proud of that. and i want to take the texas model to washington because i know it works in texas. we'll take it to washington. we'll create millions of new jobs keeping spending low, cut taxes, balance budgets and --. jenna: it is a big state. you have a lot of ground to cover. >> we do. jenna: nice to have you with us. look forward to you being

back with us, lieutenant governor. thank you very much for the time today. >> thank you so much. thank you, kindly. jon: a fox news alert and it appears to be mission accomplished for the spacex dragon capsule. look at this brand new video of the capsule. this is infra road video shot from a navy p-3 orion surveillance plan. you see the canopies and underneath the capsule as it heads for splashdown in the pacific hundreds of miles off los angeles. this is major accomplishment. this is the first time a private company has been able to launch a spacecraft. get it to the international space station. it docked there. dropped off 1500 pounds of supplies and coming home with another 1100 pounds of or so of trash basically on board. it has successfully splashed down into the pacific ocean. if all goes well they will be retrieving that spacex

capsule, putting it on a barge and bringing it back for reuse. talk about it all with tom jones, a former nasa shuttle astronaut and fox news contributor. what is the significance of this to you as a former astronaut, tom? >> for me and my colleagues up at the space station, jon, this is a really huge step in restoring the supply line we lost when the shuttle retired last year. this allows american access to the space station without relying on partner cargo ships from russia, europe and japan. more importantly restores the return link. the shuttle could bring back cargo from the space station and get it back via the dragon capsule after research runs on the space station. jon: right the russians and japanese were able to send cargo flights to the space station. they could take stuff up there, deliver supplies but those ships were designed to burn up on reentry into the earth's atmosphere. >> they were disposable craft. that lowers the cost.

the dragon has the design for recovery because spacex intends to us use it as astronaut transport. this is early test, successful test, a big step forward providing astronaut support to the space station with american companies in about five years. jon: right now we're paying the russians $60 million a seat to take a astronaut up there? >> yes. our good partners on the space station and our good capitalists as well. somewhere between 55 and 60 million now. it will rise to 63 around 2015. so it is important for nasa to get out from under the russian dependence. jon: again, sort of this better, cheaper, smarter attitude that has been sort of the watchword at nasa by partnering with this private company and really spacex is doing a lot of the work with nasa's investment, they seem to be coming up with a cost effective way of bringing stuff up to the space station and back down. as you say that includes astronauts down the road.

>> right. and the big question, you just hit on it, is the cost. there is no data yet on this early record of only two dragon flights how much this is going to cost but the hope is that it will lower cost for the taxpayers, freeing funds for nasa to explore deep space with their orion deep spacecraft and the big booster designed to lift it. if nasa can economize on cargo service and astronaut flights to the station, farther out destinations are more in reach. this is big controversial that decision in 2010. this is big step forward in cementing that decision. jon: hats off to the scientists, engineers at spacex who apparently made this thing work. tom jones, thank you. >> i agree. you bet. jenna: his future is in the hands of a jury. we're awaiting a verdict in the john edwards trial. a live report from the courthouse just ahead on what has been a very interesting week so far in this trial. a major ruling in the case of a seaworld trainer killed by an orca on the job.

why trainers may soon be out of the water for good. [ music playing, indistinct conversations ] the charcoal went out already? [ sighs ] forget it. [ male announcer ] there's more barbeque time in every bag of kingsford charcoal. kingsford. slow down and grill.

jenna: we keep on telling you but it's the truth so that's why we keep on saying we could get a verdict any moment in the john edwards corruption trial. jurors are now deliberating for a 9th day and this is after the judge released four alternate jurors. one of them reportedly flirted with edwards. we'll see in jonathan serrie can confirm that for us. i don't know, jonathan, a lot said about the alternates. seem like a colorful bunch. why dismiss the alternates now? >> reporter: with no role in the deliberation the alternates were merely killing time in the courthouse. while the judge did not mention this among her reasons for dismissing these alternate jurors they were becoming a bit of a distraction by wearing same

colored shirts each day and by one tv producers somewhat contested interpretations of smiles between john edwards and one of the female alternates as firtation. the judge allowed jurors to remain on call outside the courthouse, something judges ordinarily do much earlier in the process. listen. >> in ordinary course of most trials the judge will send the alternates home before the jury even begins to deliberate. she kept them around the courthouse for eight trial days now as precaution. decided probably the jury was closer to a verdict than further from a verdict and felt comfortable in sending them home. >> reporter: as she dismissed jurors, judge catherine eagles told the alternates quote, everyone in the courtroom will miss your cheerful faces. we will regret not knowing the color for tomorrow. jenna: or sarcastic, i don't know. hard to read into it. jonathan, any indication, your guest was saying that maybe we're closer, maybe

we're closer to an answer here for this deliberation. any indication what is actually taking so long? >> reporter: you know the judge gave no indication as to whether the jury was any closer to reaching a verdict but yesterday she held several closed-door meetings with lawyers on both sides of the case. these meetings were apparently prompted by a note she had received from an individual juror, not the jury as a whole, but an individual. shanahan, who you saw in the sound bite, the former federal prosecutor, said it is highly unusual you would get a note from an individual juror which may suggest there is some dissent among the jurors. jenna? jenna: a lot more as we get it. jonathan, thank you very much. jon: well it could be a bellwether for the outcome in november. recall election in the battleground state in wisconsin just days away. right now governor walker is preparing for his final debate with his democratic challenger tom barrett. we're live with that story up ahead.

a pickup truck plows into a crowded bar. patrons jumping out of their seats, running for their lives. an investigation into what sparked this crash. that story on the way.

>> reporter: rick folbaum in the happening new control room. a spray tan murder trial in florida wrapping up. the defense getting set to call a block buske buster witness who will be very familiar to viewers. a woman lost control of her vehicle and went into a bar. couch potatoes, you may be in luck, a warning about the potential health risks of exercising. is the media making too light of this? we'll examine it thoroughly and

all the breaking news as the second hour of "happening now" starts right now. jenna: it is fight night in wisconsin. governor scott walker facing off against democratic challenger tom barrett in their final debate before next week's recall election. haoerhere it is, everybody, i'm jenna lee. jon: i'm jon scott. the gloves could come off tonight in a very high stakes battle. jenna: there is a lot of interest in this race because wisconsin is considered a very key battleground state, up for grabs in november. in one new poll it shows governor walker 7 points ahead of milwaukee's mayor barrett. mike to bmike tow bin is live with more on this. >> reporter: he faces milwaukee

mayor tom barrett tonight. both candidates reac reacted to the poll numbers with the same line. the only thing that counts is june. >> i'm going to campaign hard all the way until tuesday the 5th of june. >> i think what people mistake is the intensity that we have here. i was in wisconsin rapids yesterday. we never have seen crowds like we are seeing here. >> reporter: the numbers are stacking up in governor walker's favor. in terms of fundraising he beats mayor barrett 7-1. numbers show instead of losing jobs under governor's walkers reform wisconsin added some 23,000 jobs. mayor barrett in his campaign says the numbers are slippery, they are jet to be confirmed and they are politically motivated. they were confirmed in a memo from the department of workforce

development. all of that grist for the mill in tonight's debate. jenna: we'll look forward to the highlight reel. jon: for a look at the national implications much the wisconsin vote, republicans are hoping that a walker victory could help them turn the state red come november. let's talk about it with jonah goldberg national review's editor at large. let's take a listen, first of all to what reinus prebus has to say. >> they will have a circular firing squad and a blame game going on for a few weeks, then they will have to come back and tri to win this thing in november. wisconsin goes red for mitt romney? it's over, it's lights out for barack obama. jon: what due think that prediction, jonah. >> reporter: i think he's light insofar as it if goes for mitt

romney it is a disaster for barack obama. there are a lot of states between here and there. wisconsin, particularly madison is more like a progressivism's home tree from afte "avatar"." it's very hard to come back from that. the democrats have invested enormously in this race. even if they simply force barack obama to spend time campaigning in wisconsin, that is bad news for barack obama, because he needs to have states like wisconsin in his solemn column from the get go. jon: debbie wasserman schultz sees it the other way from her republican counterpart. let's see what she had to say. >> i think what is going to happen is that because of our on the ground operation, we've had an opportunity in this election, especially given that wisconsin is a battleground state, just like we did in the recall

elections a year ago to give this a test run, and so what i think the implications will be, is that ultimately i think tom barrett will pull this out, regardless it's given the obama for america operation an opportunity to do the dry run that we need. jon: you say it's really been better. political organizing has been done by both sides but it's been better you say for the republicans. >> reporter: i think that is right. debbie wasserman schultz is making a point that briebus can make. they have updated their mailing list, that is good news for both sides. the winner will be in a much better position in the fall than the loser. it will be devastating for the republicans if they don't take this recall contest. it will be devastating for the democrats, because the shock troops will be incredibly

demoralized. there will be a lot of recriminations. president obama has been lack luster in his support for the democratic candidate and in some ways what briebus is trying to do is have a selffulfilling prophecy. if we win now it builds momentum in the fall. he may be right. wisconsin is still a pretty democratic state. jon: last we saw scott walker the republican governor up about 7 percentage points in the polls over his democratic challenger. it is going to be one to watch. joan as goldberg, thanks for watching it with us. jenna: dueling political appearances on both coasts to watch. you have governor mitt romney set to speak in san francisco in about an hour or so, from the state house steps in boston you have the president's chief campaign strategist david objection elrod holding an event to talk about governor romney's record in massachusetts. that is a very important point

for the obama administration, the re-election campaign. mike emanuel has more. we are following news that we are getting out of boston that that appears to be a little drama going on at the axelrod event right now? >> reporter: apparently according to reporters at the event some supporters of mitt romney have shown up and have challenged some of the things that david axelrod has been saying. what we are teurbl lee hearing on twitter is that there are some fireworks. we are waiting to get the tape back and will bring it to our viewers when we get it. governor romney is in northern california today and has been hammering away on the failed solar company solyndra. there is some thought he may go to the company's headquarters there to blast the president's record. he made reference to solyndra asking the audience if they had seen its corporate headquarters. and he says who wants to put money into a solar company when the government put half a

billion dollars into it. here is a sample of a new web video the rnc has put out on what it calls president obama's failed investments. >> there were red flags. >> deep misgivings inside the government. >> warning accurately, solyndra runs out of cash. >> which it did. it was completely predictable. >> that there would be a could ha colossal failure. >> reporter: you can expect more from romney and his allies today. jenna: what about the president's re-election team? >> reporter: the obama campaign says romney offers himself as an economic guru and wants to talk about his record in business. there was also his time as governor of massachusetts which the obama campaign notes he rarely brings up. today david axelrod is there in massachusetts to talk about romney's job creation record as governor. he's planning to note debt increase on romney's watch and that he did not have a good

economic record. the romney folks say they gladly compare his record as governor to to president obama's record as president. unemployed dropped from 5.6 to 4.7%, while unemployment remains above 8 herz nationally now. a battle of economic records if you will, jenna. jenna: we'll leave it up to the voters to decide. mike, thank you. jon: some new information disturbing new pictures of the slaughter of innocent people inside syria killed boy their own government. we need to warn you the images are graphic. u.n. observers finding bodies of more than a dozen people face down all shot execution style. the discovery comes nearly one week after more than a hundred people were mass occurred in the central haoula region. a call from the u.s. government to stop attacks on its own people. conor powell has an update.

>> reporter: ban ki-moon appealed to the syrian government to end the violence and stop the bloodshed appears to be falling on deaf hearsay. there is heavy fighting in haoula, and homs. syrian forces have bounded those areas with mort ars and rockets. we don't know how many people were killed or injured. we are waiting for the information, because the fighting is still going on there. as the fighting continues, so too do the dip low path particular efforts to end the bloodshed in syria. in the past few days, the u.s. britain, france have expelled syrian diplomats. in the last 24 hours the u.s. has placed new sanctions on the bashar al-assad regime. none of that has done much to end the fighting and the violence in syrian. today hillary rodham clinton, the u.s. secretary of state was actually if denmark and painted a grim picture of what might happen here. she said without support from russia and china, in terms of military intervention there will

be no military intervention, that china and russia are really key to building a new coalition to do something military in syria. without their support that simply won't happen. she also said that without some type of military intervention or diplomatic effort to bring peace pwa she thinks that the violence could actually get worse going forward, this follows on u.n. epl bass adore susan rice that said if the violence continues she believes the entire region will be engulfed in a larger wider war, a grim future because of the on going conflict in syria. jon: always such a tinderbox there. nobody wants to see that happen. thanks. jenna: a north carolina jury is deliberating the fate of john edwards. we may have a verdict soon. we are outside of the courthouse with the latest on that. two years after a trainer died at hapb of a killer whale at seaworld a judge issues a scathing order.

what he says should be done to protect trainers from another deadly incident. more on that. plus we have rick here at the web wall. >> reporter: you talked to judge napolitano last hour's about mayor bloomberg's efforts to curtail obesity in new york city by cutting down on the sugary soft drinksment what do you think? go to the "happening now" home page at foxnews.com and weigh in. let us know what you think. right now people overwhelmingly siding with judge naps that it's not a good idea. we'll have more "happening now" after a quick break. don't go away. # ♪ the one and only, cheerios

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shootings. the first at an art cafe. police say the suspect killed another victim during a carjacking. one shooting victim is being treated at the hospital and is expected to recover. in the meantime we are awaiting a verdict in the john edwards corruption trial. the former senator and presidential candidate is accused of misusing campaign donation money to hide an affair. a judge is hearing evidence to determine if two suspects will face trial in a brutal beating that left the man on your screen severely disabled. this is more than a year after san francisco giants fan bryan stow was attacked at dodger stadium in los angeles. jon: a federal judge issues a scathing verdict in the seaworld trainer death case. it stems from an incident two years ago in which a killer whale grabbed his trainer and drowned her after a live show. the judge slammed seaworld for putting its trainers at risk, recommends that barriers are used between the whales and the trainers to prevent another

deadly incident. let's talk about it with rebecca rose woodland a trial attorney who joins us now. you say that for seaworld you think this is actually a victory of sorts? >> i believe that it's a good balancing act that the judge came to a conclusion saying the previous fine that osha had levied against seaworld, he reduced it, he said i don't see that their conduct was willful. i don't think they did anything purposely to hurt the trainers, but i'm going to try to protect the trainers in the future by presenting a barrier and having the trainer stand outside that barrier so we don't see this problem in the future. jon: i've been to seaworld shows with my kids over the years. i always thought it was fascinating, they put the trainer on the whale's nose and the whale from comes from underwater. it's pretty exciting stuff. >> it is, i agree. jon: the trainers know the risks, don't they? >> i'm not sure that the trainers are fully aware of the risks. we've had this situation happen

only once before with this killer whale and the judge cited the fact that in the wild we don't know if whales have killed. in this situation he feels like maybe they are confined, maybe this is just not the right place to have a human a a killer whale interact directly. jon: here is the deal. there are drivers who have died in indy races, that are drivers who have died in nascar races. there are drivers who have died in horse races. are you going to say that you have to remove the element of danger from all human entertainment? >> i think that is a great point, it's a great point. i think here what the judge was doing was balancing, an was saying, can we still have the show and have that barrier? is it possible? the show will be different, absolutely. obviously the trainer won't be physically interacting with the whale. apparently seaworld can conduct the show where the whales are going to jump and the trainer will be outside. it will be a different show. jon: why don't we have a judge issue an order that no indy race could go faster than 70 miles an

hour and i bet you would stop all the carnage there. risk is part of the eve entertainment, isn't it. >> the judge weighed and said someone's life is worth more than this danger. i don't know if it goes for a jock see. if a horse jumps that is unfortunate, but these whales have the potential to kill you immediately. you have a lot of small children at this event. i think it was very traumatic for a lot of people were there. jon: i think the stadium was emptying out, there weren't that many witnesses to actually see it. i agree it's terrible. i wonder, again if this is the kind of thing that a federal judge ought to be determining. maybe let seaworld and their trainers come up with their own policy. >> i do understand that. the issue here was seaworld brought a case saying, please reduce the fine that was begin to us. he says i'll remember dues the

fine but i wanreduce the fine but i want safety barriers there. jon: thank you. jenna: bruce springsteen not singing about glory days in germany. he's on tour promoing a new album and miss comments about the world's economic comments is garnering a lot of comments about. then there is this. a car collides with a motorcycle. what happened next? after the break. ♪ [ male announcer ] you're at the age where you don't get thrown by curveballs. ♪ this is the age of knowing how to get things done. so, why let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help

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jenna: new information about the boss and his sold out performance in germany. we are talking about bruce springsteen. he apparently is using his platform to send quite a message about the world's financial crisis. i hope rick folbaum sings a

little bit for us as he covers this story. >> reporter: we'll see. his neighboring name is the boss but he has always sunk more for the working man. it's the popular message he's taken him on tour, the plight of every man right in the heart of the euro zone, which has been hit hard economically in the past few years. he was playing to a packed olympic stadium singing to 58,000 fans and singing to them that bankers and financiers are greedy thieves and grow fat while the working man grows thin. he says it's easy up on bankers hill the party is going strong. down here below we are shackled and drawn. germany has fared better than most other european countries but his message seemed to resonate with a lot of folks that were there. springsteen has a history of not shying away from politics and he makes it very clear what side he's on, singing at rallies or

democrats and telling republican politicians not to use any of their songs at their campaign events, including his iconic hit "born in the usa." his concert in germany back in 1988 was thought to help spur the movement to bring down the berlin wall a half year later. his tour wraps up july 31st. what is your favorite springsteen song. jenna: how can you top born in the usa? i know it's a little cliche. >> reporter: i think gloria days is my favorite. jenna: you don't want to sing any. >> reporter: maybe after the show. jenna: there is one man on our team that does the sing -pb singing and it's jon scott. >> reporter: take it away. jon: i'm not a rocker, i'm more of a ballad and broadway guy. the president will accept his party's nomination at the democratic convention in charlotte, north carolina this summer. mr. obama squeaked out a win in that swing state back in 08 but

the political landscape might not be so shoot for him this time around, high unemployment, a state ban on gay marriage, which the president now supports and the convention menu itself could all play a role in the president's campaign there. correspondent john roberts is in charlotte with more. john. >> reporter: good afternoon to you, john. it was a head demoment back in 2008, president obama the first democratic candidate to win north carolina since jimmy carter back in 1976. as you point out a lot has changed since then. republicans took control of the legislature for the first time in a hundred years, the democratic governor said she is not going to seek re-election and the republican candidate is leading in the polls. there is a gay marriage amendment, and unemployment is now fifth worst in the nation. a lot of people are saying, was this the right place to have the democratic convention? the democratic national committee insists, yes it was. they are going to fight this election on all fronts, including north carolina and they will use the contention to launch a drive to register new

voters and get them out to the polls in november. >> that is really going to be key to winning is going to be the ground game, turning out those people that we turned out in 2008, expanding that electorate and having an active president throughout the state. >> reporter: unions, this is a right to work state, they are very angry about having the convention here and they are withholding much-needed contributions to the convention. gay rights activist after the passage of the same-sex marriage amendment petitioned the dnc to pull out of charlotte. there is also going to be some contrasting images when the president arrives here. for example, he's going to be giving his nomination speech at a stadium that bears the name of a bank that he bailed out, and his nonstop assault on the financial industry may not play well in a city that reinvented itself around banking. >> we have 50,000 direct jobs in the banking sebters, including

banks. when you continue to attack banks, you're going after votes, they will not go for you, including some individuals who have voted for the president in 2008. >> reporter: the latest local polls so this is an even up race. remember back in 2008 barack obama only beat john mccain by 14,000 vote. any way you cut it, jon, this will be a very close one in november. jon: the last convention was held -- democratic convention held in denver, colorado and colorado is kind of on the bulb for the president right now as well. >> reporter: another right to work state, yeah. jon: thank you. jenna: new details today in the so-called spray tan murder case. this man is accused of killing his wife, and his lawyers once blamed her death on a spray tan. but now everything has changed. there is new testimony that may be a huge blow to the prosecution. we'll talk to our legal panel on that just ahead. what a close call, you just want to have a beer, right? a truck crashes into a bar. we will tell you how this happened and how everyone

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jenna: right now an investigation underway into what happened here. patrons at a bar in minnesota narrowly escaping death after a pickup truck loses control and plows through the wall. you can see several people there right on your screen, and then that happens. they try to jump out of their seats while a bartender also tries to get out of the way.

several victims were pinned beneath and under the bar. they were all treated for injuries, but otherwise they were okay. a 51 is-year-old woman crossed three lanes and knocked over a power pole before crashing. jon? jon: lots of financial news affecting the markets today a day after stocks posted some of the biggest losses of the year. the dow jones industrials average right now up only about five points, this after a big selloff yesterday. let's check in with chonl mcshane -- connell mcshane. >> it only turned higher in the last couple minutes, i think some of the headlines out of europe, maybe they're working on some sort of a spanish banking bailout, but here in the u.s. the economic data's been coming in, none of it's been good. manufacturing in chicago was weak compared to expectations which in and of itself might not be a huge problem, but it follows weak numbers from philadelphia, richmond and dallas, and you put it all together, manufacturing is

struggling. then you go to jobs, private sector job growth reported this morning below expectations. not a disaster but, again, not great. the weekly jobless claims, check out this number, a number of people lining up for unemployment benefits, 383,000 just last week. now, it was good news sometime ago when the number got below 400,000, it was going lower, lower and lower. now it's starting to creep up closer to 400. again, that's not great. tomorrow will be the big jobs report, we'll see how that goes, but you're talking about an chi that, at best, is growing slowly. 1.be 9% growth in the first quarter, that's not a good number, obviously, sub-2%. that was expected but, still, it's not great. a few months ago we would have said, hey, the economy's getting its act together, looks like we're improving, now that growth is really slowing, and the jobs will be the big concern because they're just not there no matter what measure you look at, and we had a few of them today. jon: what about housing?

interest rates have been low, has that picked up at all? >> not really. maybe regionally you see little bright spots, but the interest rates is a fascinating story. 3.75%, just came out today, that's the average 30-year mortgage, fixed mortgage from freddie mac. it's an all-time low. but, you know, that in and can of -- that may be part of the problem because you think about it, jon, you're thinking about buying a house, all you've seen is the rates go lore, and you're saying what's going to stop them from continuing to dechoir, so -- decline. so even the low rates are not helping, but thierry dick lousily low. jon: connell mcshane, fox business, thank you. >> all right. >> linda did not die of unnatural causes, that there was no homicide, that there was no murder. she died of natural causes. jenna: you probably recognize that face, right? be right now there's new testimony in the so-called spray tan murder trial. you were just hearing from fox

news contributor and famous forensic pa tholings dr. michael baden testifying that lena kaufman was not a victim of murder. her husband, adam, is charged with strangling her. her body was found on the floor of their bathroom back in 2007. at first kaufman said his wife died after suffering an allergic reaction to a spray tan. then the defense claimed she had a heart condition. where are we now? let's bring out our guests, faith jenkins and john manuelen, a criminal defense attorney. faith, you're listening to that as a prosecutor, dr. baden one of the most famous pathologists out there, what does ha mean for the prosecution's case? >> the prosecutors know it's not about what they believed happened, it's about what they can prove. and anytime -- they have the burden of proof. the defense, they don't have to put on any evidence, but in this case they have. they've decided to ri butt the prosecutor's -- rebut the prosecutor's theory and bring forth this expert who's offering

significant testimony about the way they believe the victim in this case died and if jury is any kind of credibility to that, that's a big problem. jenna: john, big win here? >> yeah, i think they're showing there's another theory to it that the prosecution's not showing, and as long as the jury could harness that and digest that, i think that might be enough for an acquittal. jenna: i'm just curious with your opinion as a defense attorney because the defense made that argument in public before this case went to trial. the jury probably -- they weren't there, present for that, whether or not they heard about that is another story. but what do you make of that defense making that argument way back at the beginning of this case and now just completely abandoning it? >> i don't think the defense did their homework on spray tan because we know it's mostly sugar -- jenna: wait a minute, you're admitting to a spray spray tan onset with us? you just plead the fifth with that. [laughter] >> it's not a good defense, but i'm sure they want to put

something out there in the public to backtrack on the possibility of homicide. but, again, this is a battle of the experts, it's who are you going to believe? if you believe michael baden, obviously, it's going to be helpful to the defense. >> i also think the defense is going with this theory because you have the victim's mother now testify about certain physical ailments that her daughter was suffering from, and i think that now this expert is sort of backing that up and buttressing that testimony, and it's all consistent x they're hoping that that -- and they're hoping that will create a republican doubt. jenna: faith, what about motive? is that something that the prosecution has effectively argued for, has painted a picture what the motive potentially could be for this man to kill his wife? >> no, and that's a problem. you don't have to have motive in criminal cases, but it's always good because jurors want to know. well, if this man who doesn't have a criminal record and who by all accounts is a law-abiding citizen committed this horrible crime, why? that's the issue with this case. really the prosecution has to

rest their case on their chief medical examiner -- jenna: well, and he took 18 months, he was extremely thorough before saying this was a homicide, and he says in his professional opinion, without a doubt after all that research, this is a murder. >> why did it take him 18 months? >> because he was being prudent. jenna: that's what he said. >> that's a long time -- jenna: is that typical? have you seen cases where a medical examiner would take that long? >> i've done many homicide cases, and they don't take 18 months. perhaps a month or two. look at the michael jackson case. jenna: very high profile. >> unexplainable in this case and what the defense is, the expert, i don't think he's able to address. according to the chief medical examiner, the injuries that the victim sustained on her neck were a result of applying significant pressure for at least two minutes, two constant minutes. and so that really goes against what he's saying in terms of how she got the injuries by --

jenna: final thought on that? >> the experts on the defense are showing it's possible she fell onto the magazine rack, and the magazine rack caused those injuries, so i think it's reasonable doubt. jenna: we all have our expert opinions after watching csi and law and order, i'm sure the jury's hanging on all the little nuances. john, you're going back to l.a., any spray tans in your future? just checking. [laughter] great to have you with us. jon? jon: a student kicked out of school for throwing spitballs. our legal panel should stick around for this one. does the punishment fit the crime? and a crazy crash captured on surveillance video. a car collides with an overloaded motorcycle. the riders go flying. you won't believe how it all turned out. that's ahead. hey, the new guy is loaded with protein!

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video is quite traffic. a driver in china is seen plowing into a motorcycle, and that motorcycle was carrying five people, all of them sent flying off and onto the ground as you can see. thankfully, though, no one was seriously injured. almost a miracle there when you take a look at that. jon: five people on a motorcycle. ♪ jon: all right, get this. a kid gets caught shooting spitballs in class. thanks to a zero tolerance policy, he's kicked out of school for the rest of the year. he's also charged with assault for using a weapon. well, now he's taking his case to the u.s. supreme court. douglas kennedy is here with our continuing series on taking liberties. >> reporter: yeah, jon, some say we are raising our kids to be so compliant, they're losing touch with how to stand up for their rights. >> this is pretty crazy. >> i know it was a stupid decision -- >> reporter: in 2010 andrew

michael was suspended from his virginia high school. the charge, filing criminal conduct for using a weapon at school. now, the weapon you supposedly used was a pen like this, and the violence you supposedly committed was shooting plastic spitballs. >> right. i was in lunch, and i had a pen, and i brought some little plastic balls that i got from a toy at home, and i made a stupid decision. i was taking the pen apart and shooting people with them. >> reporter: michael is challenging the suspension in court. his lawyer claims codes of conduct policies are out of control. he says criminalizing normal student behavior. >> we're cracking down so hard on students, we're making them very compliant. >> reporter: john whitehead says the spirit of the american teenage boy in particular is being extinguished by what he calls dehumanizing zero tolerance policies. >> we're raising up a generation of people who are going to be very compliant and afraid to step out of line. >> reporter: this municipal

attorney disagrees claiming zero tolerance at schools is necessary, especially after the shootings at columbine. >> we have weapons like a gun, which you know it's a weapon. then you have weapons like a pen. >> reporter: but wait a second, aren't we going too far when we're criminalizing shooting spitballs? >> when that spitball takes out your eye, tell me whether or not we've gone too far. >> he's going to have a record for the rest of his life for having a dangerous weapon. you're talking about a kid shooting spitballs. ♪ >> reporter: currently, jon, the u.s. ranks 15th in reading and 31st in math. whitehead says we need to keep our kids in class in order to stay competitive. jon: well, i probably shot a few spitballs when i was in grade school. i'm glad that i didn't go to jail for it. >> i was a bush whacker shooter myself. [laughter] but, you know, give him detention, jon, for goodness sakes. jon: yeah. it seems crazy.

douglas kennedy, thank you. jenna: we have breaking news in a midair collision over virginia on who was piloting those planes and who now is heading up the investigation, that's just ahead.

jon: right now some new developments in that deadly midair collision we told you about over virginia. it happened this virginia, but canada's safety board has been asked to take over the investigation. why? because the crash involved employees from both the national transportation safety board and the faa. rick has the latest on that. rick? >> reporter: that's right, jon. this disaster hits particularly close to home for those two federal agencies, and that's why the ntsb which would normally take the lead on something like this asked canadian officials to get involved. they wanted to avoid any potential conflict of interest, and the decision to ask canada

to jump in came after the head of the ntsb consulted with the acting administrator of the faa. now, one of the two victims who died in this crash is a pilot, james duncan. he worked for the ntsb and also provided support for nasa. he and his passenger's plane collided with another small plane, this was on memorial day over virginia just about 50 miles or so from the nation's capital. both people onboard that second plane did survive, though they were injured. the pilot on that second plane an inspector with the faa, and the planes ended up going down just about a mile from each other, spreading wreckage across terrain that was very tough for investigators to get to. meantime, there will be a a liaison from the ntsb who will sort of be the go between between that u.s. agency here and the canadian officials during this investigation to try to find out exactly why this collision took place. jon: what a strange coincidence

there. rick folbaum, thanks. jenna: well, a surprising new report caught our eye today, and when you see the headlines, you'll understand. the report summarizes six studies and suggests for a small minority of people exercise may not be a great idea. is the media overselling this story, though, as you see headlines that ask could exercise actually be bad for some healthy people? be dr. manny alvarez is with us, managing editor of foxnewshealth.com. doc, what do you think about this? exercise bad for you? >> well -- [laughter] i'm an expert in exirs exercising folks. [laughter] a very interesting and well-designed study looking at over 1600 people. and let's put this in perspective. what they found is that 10% of that group of people that they looked at had problems in heart health. other way -- you know, blood pressure, cholesterol, insulin levels.

the rest, of course, benefit from or saw an improvement in overall heart risk factors. so what this is telling you is that exercise perhaps in a group of people that may have underlying risk factors for heart disease, this group has to be a little bit careful, and they can continue to exercise, but they have to per spectively -- perspectively monitor with their doctors things like blood test -- jenna: let's talk more about that because some of our viewers know that they have heart disease in their family, and often times when you know you have a certain history of predisposition, you think i'm going to exercise more to compensate for what could potentially be something, you know, more challenging i could deal with later in my life. >> well, you know, the critics of this study and, again, this was a very well-designed study, the critics are saying, well, look, you find abnormalities in cholesterol and insulin and so on, but it did not prove those folks had increased heart

attacks down the line because it was not a long-term study. nonetheless, the facts are the facts. if the insulins went up, if the blood pressure got worse because of the exercise, then that makes you think for a moment, and that's why if you're thinking -- let's say you're out of shape. let's say me, right? you tell me, let's go start exercising three or four times a week, and i'll do it because i like you and i want to hang out with you. jenna: that's right. >> before i do that, i should get a very thorough physical, and i should be aware that exercise despite the fact that it's a very good thing for people to do may not be beneficial for me. so i have to sort of look -- jenna: or a certain type of exercise. >> right. exercise -- look, nothing in health has one answer, and people think, oh, i'm going to exercise every day, and i'm going to live to be 100 years old. that's just not the way it works in medicine. so this just points out the fact that for some people it could be a little problematic, you know, work along with your doctor and then build, you know, alternate

different kinds of exercise bees, how often for how long, do you need to take blood medicine especially if you exercise or not, all those things you need to do. but the bottom line is, that it continues to be beneficial to exercise, and also this is looking at heart disease. remember, arthritis, mental health, it has a lot of positive impact. jenna: so that said, you want to go for a jog this afternoon, dr. manny? >> you know, i have a very nice jogging suit. [laughter] jenna: i bet you do. >> i'll be right there. and then a beer afterwards? jenna: of course, you have to balance everything out. dr. manny, nice to see you, as always. jon: everything in moderation except chocolate. president obama hosting some special guests at the white house today. we are awaiting the unveiling of president george w. bush's official portrait. that's coming up. when you have diabetes...

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jenna: we have some breaking news out of florida. we were just talking about the so-called spray tan murder trial? well, the defense just rested its side of this case just a few moments ago. we're waiting to hear from the judge what the next step will be. of course, we just shared with you that famed forensic pathologist dr. michael baden testified on behalf of the defense and says he doesn't think this has anything to do with a murder be. that's adam kaufman on your screen. the defense rests its case today. jon: some new video out of boston. the obama campaign trying to hold a news conference to point to what they call mitt romney's failed record as governor. they were disrupted by a bunch of romney supporters who were chanting and blowing bubbles even, blowing those horns that made such an impact at the world cup in this south africa.

the obama campaign not happy about all of this, but i guess that's politics these days. and thank you for joining us today. jenna: "america live" starts right now. megyn: fox news alert on a rare moment in washington. president obama welcomes former president george w. bush back to the white house. in many less than a half an hour, you will see it live right here. welcome to "america live," everyone, i'm megyn kelly. live look for you now at the white house where in about 20 minutes president obama will host the unveiling of the official portraits of president george w. bush and former first lady laura bush. given the history, the scene ought to be quite a picture itself. president obama has publicly blamed the bush administration for a host of issues over the last three years, and white house press secretary jay carpny has had to spend time over the last two days promising that this will be a cordial meeting. ed henry is live at the white house where