slowest month of u.s. employment growth in the better part of 12 months. >> i would take issue with the expression largely to blame. europe is a factor, but the american slow down is largely a home-grown slow down. think what businesses face if they want to expand. they face a regulatory burden, a healthcare burden, and they face administration which is considered to be antibusiness. on friday we received news that the unemployment situation had got even worse, and that the economy was weak evening. was that the result of what is going on in europe, or a slow down in china? to a very limited degree yes, but this is much more of a home-grown problem, it's almost, some would say a self-inflicted wound. this is the result of the failure, largely the failure of president obama's policies in the first three years of office. megyn: you and i have discussed many times about how what we are

seeing in europe will likely have a direct affect on us and that's why americans need to pay attention to what is happening over there. >> it has a direct affect on our financial markets. when there is a crisis of confidence in the world financial system it is the markets which suffer and that's what's happened in the last four or five weeks. the dow industrial is down a thousand points. it's a small matter when it comes to the overall movement of the american economy. this is the largest economy in the world and it's moving -- it's weakening not because of what is happening in europe on the financial markets, but largely because of what is happening with our own internal dynamics. think of it, if you're a business, and you're thinking about expanding, what is on your horizon in the united states? why is it that you're not expanding as you meet this economy and the demands of the future? you've got obamacare coming at you, you have higher taxes coming at you and you've got an administration which is calling you names, calling you fat cats and saying that, why don't you

expand, come on, get out there and expand and they are basically bad-mouthing you and they are turning out with an antibusiness a proefplt it's not likely that you'll expand with that kind of atmosphere. megyn: do you have any idea of what percentage of the president's closes advisers are top business people? in other words, do you have any notion what percentage of people he relies upon who have actual real world business or wall street experience versus past administrations? >> i cannot give you an exact percentage but i can tell you that his cabinet consists of largely political people, administrators, government people, not people from private enterprise. i believe that the proportion of people from private enterprise is negligible and that is a sharp contrast to other administrations both democrat and republican in the past. megyn: the president was criticized when he was running for office by some for not having a whole lot of real-life business experience. he was a community organizer, a politician, a lawyer, but the

question was, have you worked in a company? have you had to meet a payroll? have you lived in an environment that would give you some knowledge of what real business people, small or large worry about, in terms of making ends meet? and they said you don't have to do it yourself, you need to surround yourself with people who have done it and get new advisers. and there is question now about whether he needs more of those people around them. >> look at the attacks on bain capital. the president goes after private equity on the grounds that they tried to make a profit. that is the definition of private enterprise and yet the president is seen as attacking it. these why a large number of moderate democrats, including former president clinton have come out and said, look, mitt romney's business career is good, it's solid, it's the kind of experience that you need to run the united states economy and that is a profound difference between mitt romney and president obama. megyn: stu varney, thank you,

sir. you can bet the campaigns for president obama and for governor romney are trading punches over who is to blame for the bad numbers on these jobs, and the economy. the president's people are upset with republicans in congress saying that they are blocking every proposal president obama puts up to create jobs, and the obama team is suggesting that it was the republicans who got us in this mess to begin w. governor romney's folks are saying, it is a job-killing healthcare law and a president who is too inexperienced to steer the u.s. economy not to mention antibusiness regulations that are all actually at fault here. later on "america live" we'll have a fair & balanced panel debate, both sides and see whether there is truth on both sides to go around. less than 24 hours to go now before a historic recall vote in wisconsin and with the polls too close to call republican governor scott walker and milwaukee mayor tom barrett a democrat are both crisscrossing

the state trying to shore up last-minute support and if thing comes with a heft tree prize tag. special recall election hitting wisconsin taxpayers for about 9 million bucks, that is according to state officials. then when you factor in the primary ahead of the recall because they had to find a democrat to run against walker the total cost comes to 18 million to the taxpayers that is not counting the some 63 million i think it is that outside groups have spent on the election. this thing has turned out to be very expensive, and some political analysts are saying it's the second most important election this year after what we're going to see in november of 2012. it happens tomorrow and we are live in wisconsin at the top of our next hour with an update. any moment now we are expecting george zimmerman's attorney to request a new bond hearing, after a judge ordered him back to jail as we first told you on friday afternoon. zimmerman is charged in the deadly shooting of 17-year-old trayvon martin back in february,

he's facing second-degree murder charges. and now we will take a closer look for you at the jail-house phone calls that convinced a judge to revoke his bond, evidence that prosecutors claim show zimmerman and his wife lied, that is the prosecutor's word, lied to the court about their finances in order to get george zimmerman out on a low bond, relatively low. trace gallagher live in our west coast newsroom with more. >> reporter: and remember the judge, megyn also believes the zimmermans lied to him. both george zimmerman and his wife shelly testified that they were indigent, didn't have any money at all. on april 9th george zimmerman started his website called, the real george zimmerman.com. that is where he actuall actual actually put his initial comments out. at the time he was arrested on april 16th he had aeu cure

had accrued $150,000. george n my account do i have at least a hundred dollars? shelly zimmerman no. defendant, how close am i? shelly zimmerman $8.50. the defendant really? the prosecutors say she was saying $155,000. it was code because she knew she was being recorded. another conversation later in the very same day talking about the bond. george zimmerman says if the bond is more than 15, pay the 15. if more than 15 pay 10% to the bondsman. shelly simmer man. you don't want me to pay a hundred? defendant, i don't know. shelly zimmerman all right. just think about it. george zimmerman, i will. shelly ends by saying, because that's what it's for. zimmerman's attorney marco meara

believes it was an innocent misunderstanding because they didn't realize what exactly they could use that money for. listen to him. >> now that we have all had, on the defense team, a chance to look at all of the evidence, he understands the court's concerns he understands the state's concerns and we are going to address those and say what needs to be said to address them with judge lester. >> reporter: now of course they go become and they will ask the judge for a new bond, likely a higher bond. the question is, will he get bail at all? he may be in jail for quite some time. we don't expect this trial to begin, megyn for at least a year, maybe longer. megyn: he waived the right to a speedy trial when he was out on bond. it's a different story when your client is setting in a jail cell. you want to push the trial date up. when they had the back and forth, you read us the transcript from mr. zimmerman and his wife. did she say $ $8..50 in or was

she short forming? is it clear, in other words, that they were down-playing the numbers? >> reporter: it's not clear, because they haven't released the actual audio. they've only released the transcript. they do put the dollar signs up there on the transcripts which is why we put it up there as well. it's unclear whether they are actually saying dollars. if they say dollars you usually transcribe that with the word dollars out there. it's unclear, the prosecutor says that was the amount, 155 was about the amount they had in their account from donations. so he says it's pretty clear. that was the prosecutor's point. megyn: even if they were speaking to the actual numbers, 155,000, or 855,000, if they were talking about those numbers, then when they went to court they misrepresented what they actually had. >> reporter: sure, sure. and they should -- the prosecutor said look, we've got this money, donations can we use it for this? they never mentioned it at all

in court, that was the prosecutor's main point on that. megyn: the prosecutor came out right and said the wife lied to the court and the court with us not happy. we will talk about this with our legal panel. if this judge believes that george zimmerman and/or his wife lied out right in this hearing, which is what the prosecutor suggested and what the judge appeared to buy having revoked the bond, that could have major implications for george zimmerman going forward. this is the same judge that will decide the whether the stand your ground law stands, we believe. a major u.s. city becomes a test case for a budget issue posing serious problems not just there, but nationwide. pensions for police and firefighters are busting city budgets in a major way. how would you like to retire at 90% of your salary that you earned while you are working to the tune of $95,000 a year, all on the taxpayer's dime. the voters in one city may change that. lou dobbs is here next to

discuss what that means for taxpayers and unions nationwide. a left of center political columnist for "the new york times." left of center, yes, just ripped on the president in his first term in a column that is getting a lot of attention. we'll debate what this could mean for the rest of the president's loyalists. and we may be one step closer to learning the fate of one of america's most famous aviators. this is like the amelia earhart channel. why researchers think they pinpointed her last known location and why it appears nothing was done to rescue her. >> and a sandwich, i didn't eat it, and hot chocolate, but i didn't drink that either. >> did your husband ask you to take those things along so you'd be all right? >> he thought it would be better if i take along something in

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megyn: seen this video yet today? one fire tanker flight crew is lucky to be alive after a frightening emergency landing near lake tahoe. watch it. you notice something missing there? it's the left side landing gear, which failed to extend. thankfully everything worked out all right, thanks to the pilot's amazing skills. wow, take another look. it's a lockheed tanker built back in 1957. the plane apparently not

fighting local fires at the time. it was arriving from out of the area. hats off to that pilot. california's third largest city, and the 10th largest in the country is becoming a national test case today in the nation-wide debate over public worker pensions. people like firefighters, and cops, and so on, people get big, big pensions from the taxpayers when they retire, and that's becoming an issue. tomorrow residents of san jose. california, will vote on whether to cut benefits for those so-called public employees, those who are working and those who have already retired. in other words, it doesn't just apply to cops who get hired tomorrow for the very first time, it's existing pensions that have been promised. san jose's deficit has been growing for years, however, and the mayor's office is blame pensions for a big part of that. if the voters of san jose approve of these cuts to the pentagons, other cities may not be far behind. joining me now lou dobbs, host

of lou dobbs tonight on the fox business network and a syndicated radio host. lou, this is controversial because it pertains to existing pensions. the cops and firefighters of san jose say they were promised 90% of our salaries in many cases, even though we retire at age 50. for the rest of our lives -- it's not like until you hit retirement able, it's until you die. >> that's exactly what it is. megyn: too bad if you don't like it, that was the deal we cut. >> all except that. it's true across the country it's too bad if you don't like it because that's the deal they cut, but san jose is unique in that they have the ability to not only step in and change these pensions, and benefits. megyn: the citizens. >> the citizens of san jose. but they have the ability to do it for the folks who are now working, not wait until the next round of hirings. megyn: that's where the problem is. you want to address the problem. that is where the red ink is. >> the real problem here are the

over promises of decades ago. this attitude that has been insinuated into our economy, that public sector employees, working for the government somehow, whether they are teachers or firefighters, or whether they are sanitation workers have superior rights and expectations to those of the private sectors. we are talking about a dived right now. divide right now. the real divide is between public sector worker and private sector workers. megyn: who are not going to get pensions like this. 90% of your salary when you were working, 90 per for the rest of your life paid for by the taxpayers. >> i don't think there is a single person working in private enterprise who would turn that down, and yet it's not only that you get 90%, but you can leave when you're 50 years old.

megyn: you can get another job. a lot of these guys get another job, they are getting 90% of their old sol reor getting work as a bank employee or whatever they decide to do. >> this is in san jose. obviously what we are going to watch tomorrow in the recall election of scott walker in wisconsin, we are watching a mayoral election down in san diego which will turn on much the same issue, which is that dived between public employees and the employees to -- megyn: the argument in particular in the case of the cops and firefighters is they put their lives on the line. to lure people into such a job, we come in we sit at a desk all day. we don't put our lives on the line, lou, you have to make it enticing to them. >> no one respects more our firefighters, policemen, our first responders in this country. i also respect the first principles of markets, and that is let us move forward with an intelligent approach here. there is nothing that makes sense about anyone getting 90%

for the rest of their lives. megyn: who do you take that out on? >> i'm not taking it out on anybody. megyn: should we be penalizing the firefighters and the cops who are the beneficiaries of this who negotiated it through their union rep or penalizing the city representatives who agreed to it, they were the ones who were supposed to be protecting the taxpayers. and they said fine. they used to have a surplus in california. >> if we could take those who made these promises and make them pay for it and punish them that would be great. but the taxpayer is the one who is punished here. and the tax pay tpher thi taxpayer in this country right now, state, local and federal is out of business. we have got to restore prosperity to even think we can be solvent. megyn: they claim they offered some concessions and the mayor is overstating how much they are to blame for the red ink. this is something that could be a test case in other cities. thank you. we have new details on a throw down to the white house.

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megyn: could hillary clinton make another ran for the white house in 2016? nancy pelosi not only supports the idea but says it is america's best chance of seeing a female president in her lifetime. she called linton -- called mrs. clinton a secretary of state who is magnificent, and asked the interviewer, quote, why wouldn't she run?

ugly new reminders of the drug war raging in mexico and spilling across the u.s. border. five suspected drug murderers in arizona, police finding the bodies burned beyond recognition. we are talking on u.s. soil, folks, in a charred suv. a sickening surge of violence hitting mexico's popular resort city, eight people were also killed near acapulco. trace gallagher live in l.a. with more. >> reporter: you know, me megyn the border patrol spotted the white expedition at 4:00am in the morning. it went off the road into the desert terrain which is known as one of arizona's biggest corridors for drugs and illegals. by the time they found it again look at it, it was so badly burned the five bodies inside they continue tell the ethnicity, or the gender of the victims. they could tell it was murder and this was an attempt to try and cover it up. this is the same area that

authorities for the past couple of weeks have found huge bins or bundles of drugs in that area, and in just the past year in this area some 350 car chases involving drug smugglers. here now is the pinal county sheriff. >> this is pretty brazen. we don't have all the information or facts at this point. this should be alarming not just to us in law enforcement but to people outside the area. this is 70 miles north of the border with mexico. >> reporter: 70 miles north. you go way south of the border in one of the most populous tourist towns in mexico, acapulco, eight murders, four different incidents, seven men, one women, including four men found shot to death in the trunk of a car. none of the violence in mexico is good, but when you have this much violence in one day hitting one of their most popular resorts it is a huge economic

effect in mexico down there as well. megyn: thank you. it seems we have one of those reports every other day, doesn't it? what is a parent to do. a mother confronts her daughter's bully, and then finds herself on the wrong side of the law. but even some of the cops who booked this mom said if someone had treated their child the way this woman's child was treated, they would have done the same thing. you get to deliver the verdict in a heart wrenching case in today's "kelly's court." and "the new york times" gave the president a glowing endorsement back in 2008, but one of their top liberal columnists is today wondering what happened to their superhero. that debate is right after this break. >> it won't be easy, but i promise you this. we will win ohio, we will win the primary, we will win the general election, and you and i together, we will change this country, and we will change the world. if you are one of the millions of men

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megyn: 1:32 in the east. a rephaoepbd der that we are tracking the white house briefing today where there have been a number of questions on the economy. more bad economic news earlier today with u.s. fact tree orders taking an unexpected drop. moments ago press secretary jay carney was asked about what all of this means for the president's re-election efforts. keep in mind we had a dismal job report on friday for the month of may. we had the economy growing at a

pretty low rate for the first quarter of 2012. we had the stock market give back all of it's gains for 2012 last week. there's been a number of things plaguing the country as well as the white house. we'll have answers in a moment. you expect president obama to take some jabs from the other side in this election contest, but from his add miers in the mainstream media in a column called dreaming of a super her or, "the new york times"'s missouri rean doud apparently can't hide her disappointment at a president getting batted about by his opponents and losing the message battle. quote ... she goes onto write

that, quote, the president had lofty dreams of playing the great convener and conciliator. at a fund-raiser in indianapolis he admitted he's another combatant in a battlefield full of hatfields and mccoys. in some ways he is still finding himself too absorbed to see what is not working. she ends the piece by saying the white house is a very hard place to go on a vision quest with a storm brewing. joining me is brad blakeman and dick harpootlian. megyn: she has been praising president obama in the past. i want to ask you if she is onto something. it's not just president obama is a disappointment and we don't like his economics policies.

she says there is a lack of vision. and compares him like the book, barack obama the story, she compares him and says he is an observer of life, one step removed saying that person prefers to float above at a reserve in a grandiose mist. >> well if i can quote the president's spiritual adviser and mentor the reverend wright that said, the chickens are coming home t to roost. they have been coming home to roost until it's so obvious they can't avoid it. they are seeing more and more people on the left being disappointed with the president. the campaigner of 2008 hasn't been the president since 2009. he hats -pbt been the person who delivered the change and hope that they so hoped for and

elected him for. whether it be the economy, guantanamo, the terror trials, immigration, there is a whole host of things that this president has failed at, and he has not only disappointed his base, independents are leaving him was the campaigner has not been the governor. finally the media is coming around to realize what the public has come to accept, and that is the president, who what's elected in 2009 has not delivered. not only for his base but for the people. megyn: i remember brit hume saying after i think it was right after barack obama had been elected. he said ever president campaigns on being the big uniter, the person above it all. remember george w. bush did the same and he talked about how he dumbed that down in texas, and none of them deliver. dyou tell me do we blame it on barack obama for not being able to stop it or do we blame ourselves, the media, the american public for believing that rhetoric in the first place?

>> i think there is a little bit of blame to go around to everyone, but let's not forget what november is about, it's a choice, it's a choice between barack obama and mitt romney, and mitt romney, again, we are pretty soon going to hear complaints from the right that he's not conservative enough. he signed -- as governor of massachusetts signed an assault weapon ban bill, he was pro-choice, he was progay marriage, he ran their deficit up -- megyn: this is maureen doud, a liberal columnist who is criticizing a democratic president. >> no offense to the folks in the media, but these guys are like tiny chihuahua chihuahuas nipping at the heels of these candidates. opinions are like elbows, everybody has one. i could have used another part of the anatomy. by the way last week trump endorsed romney and trashed

george will calling him things i don't even want to say on live television. so, the pundits are going to be ask that nipping and yipping. at the end of the day the people will go into the voting booth this coming november and they'll have to pick and choose between mitt romney who has got even caught lying time after time after time again, and barack obama, who has attempted to make it work even with -- even with it's partisan in fighting. >> this is part of your strategy, distort mitt romney's record, divide the american people and distract away from the president's disastrous record. if they had a record that they could stand on -- megyn: i'm trying to focus in on the point that maureen doud is trying to make, which is not so much about policy, yes she argues in her view he should have been more forceful in advocating his healthcare bill and stimulus bill. she is talking about something else, a failure tow live up to

expectations -- >> to lead. megyn: yeah, that is what she talks about. >> she is talking about a failure to lead. megyn: being an observer as opposed to a leader. >> and that is exactly the problem this president has. finally the emperor has no clothes. even the liberal media is figuring it out. the president who had evangelist as a candidate wasn't able to employ that as a president. he hasn't led, whether it's on healthcare, he told nancy pelosi and reid, you get me a bill and i'll tell you whether i'll sign it. megyn: i want to get dick in here. he's taking flack on these points from the left before saying why isn't there a public option in the healthcare bill? why wasn't the stimulus bill bigger? why is gitmo still open? they have seen a fill tour lead on certain issues and the right sees it on other issues. >> well i think first of all maureen dowd wants to be in love with barack obama. it's not about whether -- what he's accomplished. >> she was in love, she's fallen out of love. >> she's fallen out of love, and there is nothing worse than a

woman scorned. [laughter] >> i think that's what is going on here. megyn: it's one of those may-december things. [laughter] >> i think -- i don't know about that, megyn, we better leave that alone. megyn: go ahead. >> i don't know. at the end of the day, again this is going to be a choice between mitt romney and barack obama, and i predict that maureen will fall back in love when she realizes that the choice is between mitt and barack. because mitt romney can't get it right. by the way, brad, watch him k kanoodle with donned trump. didn't that turn your stomach? he's still talking birther, what is this about. >> i think there are irreconcilable differences between maureen dowd and this

president. i think they will go their separate ways. >> i think they will be hugging and kissing. megyn: i this we should have slow dance music playing right now as we fade out. see you guys. >> wow, that was something. megyn: coming up, no love lost in this case, george zimmerman back in jail, and a judge has now revoked his bond. we told you about this on friday, now we are learning a lot more about what this judge thinks of mr. zimmerman and/or his wife. he's been accused of lying about his finances to get a bond in this case, and to get a relatively low one, or decent-sized one in any event. we've gone through the testimony, we'll show you what we've found right after the break. how long young is too young for facebook? they are considering allowing kids ou younger than 13 to join, is that a good idea? why did the centers for disease control put out friday a threat of zombies?

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megyn: back now to one of our top stories. new developments in the trayvon martin case. defendant george zimmerman is back behind bars right now. he turned himself in yesterday after the judge revoked his bond. this after zimmerman and his wife shelly were accused by the prosecution of lying about their finances at zimmerman's earlier bond hearing by failing to disclose money that they raised from an online website from supporters. joining me now to discuss it fox news legal analyst mercedes colwin, and defense attorney mark eiglarsh. the judge accepted the defens

the prosecutor's argument. he told the courter was indigent and needed a low bond to get out before trial. i want to play you the lawyer, marco meara talking to shelly zimmerman at court trying to get zimmerman a low bond. he asks her about the indigent claim. when they are having this conversation zimmerman has apparently over a hundred thousand dollars sitting in a website from good will supporters who want to help him. listen. >> other major a assets that you have that you can lick wha you can liquidate easily to come up for money for a bond. >> none that i know of. >> i've discussed with you the pending motion to have your husband, george, declared indigent, have i not. >> yes, you have.

>> and are you of any financial means where you can assist in those costs? >> not that i'm aware of. megyn: that's not great. mark, that is not so great for mr. zimmerman and for his wife, shelly. >> okay, i don't disagree with you. i'd be intellectually dishonest if i somehow sudden my fake client is somehow benefitted from this whole maneuver. i am going to trust marco meara because he's earned my trust so far and i believe there is going to be some explanation that we have not yet heard from his client and/or his client's wife that will at least make us all go, okay, you guys are idiots but you didn't intentionally deceive the court. megyn: mercedes they are talking about this bond hearing that we listened to was on april 20th. on april 16th there is a transcript of shelly talking to george zimmerman in jail. trace gallagher took us through it before. the prosecution said it was all in code. look here, zimmerman in my

account do i have at least one hundred? shelly zimmerman no. how close am i? shelly zimmerman 8860. defendant really? total everything how much are we looking at shelly zimmerman like 155. the prosecution alleges that was all code for $155,000 which he says was about what she had in the online website therefore -- i should say she and he, prosecutor male and female, showing that it was a lie, that it wasn't a misrepresentation. that they had this code discussion four days before they went into court saying, no money that i know of. >> zimmerman's lawyer said to her, what monies are there that could be liquidated easily? frankly, he already knew. he's skating the issue about this defense fund. this is a very damming recording between the zimmermans. the whole code about, do we have hundred? no 860.

and then 15 a. ironically 15 155 is 155,000 that they have the defense fund. i think it's a huge black eye for zimmerman. he's on tender hooks about his credibility. if he takes the stand and lots of folks are saying if this case proceeds he has to take the stand because it's all about intent, it's about what happened before the trigger is pulled, he has to take the stand, if he does this is an issue that will come to haunt him. megyn: the judge may get to decide this stand your ground defense that he has. that gets decided by a judge not a jury, and the judge appears to have bought the prosecution's argument that he lied or his wife lied to this court. >> okay. first, his wife lying is separate from him, he never went under oath and pupblg erre perjured himself. he did sit back and let his attorney make misrepresentations, possibly. we don't have faith in this job

that he is able to separate the fact that he might have disled the court to did zimmerman fear death or great bodily harm. megyn: his credibility is very important in this case. >> it is the cornerstone of the defense. this is a credibility issue. >> i agree. let me just ask you this. the issue is what were the facts when zimmerman shot martin? okay? megyn: let me jump in, mark. zimmerman says that trayvon martin confronted him that he was retreating and going become to his car and trayvon martin confronted him. trayvon martin's girlfriend said she heard zimmerman confronting trayvon and he was the one that was the aggressor. will it come down to credibility and did he hurt it by allegedly not disclosing the truth about his finances. >> no question it shouldn't have happened. megyn: mark is going to go, then we'll take a republic and come

pensacola for mercedes. >> i concede again that this won't help zimmerman. i believe the judge could and should separate this incident from what happened on the day in question. megyn: we'll be right back. we're going to get mercedes' take. don't go 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.

respond to that point that mark make about if the wife lied then the wife lied. that doesn't mean george zimmerman lied. the lawyers went onto ask shelly stkeupl alread zimmerman at the bail hearing. in terms of your husband's ability to make bond you have no money is that correct that is correct she said. how much money is in that website. she said currently i do not

know. a week earlier she was talking to zimmerman in the jail that it was around 155. indeed it turned out that at that time it was 135. >> it's a lot of fancy footing by the defense for certain but it will come become to haunt them. and mark is right there isn't perjury by silence you have to take the stand, you have to lie under oath. we all understand that. but when it comes to evidentiary rulings you hit it right on the head megyn, you have a judge that is going to make the ultimate decision in this case. there were two witnesses to that incident. there are multiple other witnesses but the only two individuals involved in the incident at hand, one is dead, one is not. the credibility of zimmerman is absolutely critical to the defense whether this case continues and actually proceeds to trial or it gets dismissed in pretrial evidentiary hearings. the bottom line is zimmerman is going to take that stand. if there is a financeee footing, and there is certainly some discrepancies on the defense he has a problem. megyn: you're down in florida, is this judge lester going to be

the guy who hears zimmerman out on the stand your ground dense? >> that is my understanding, to strengthen your argument. but that being said it would be a gross miscarriage of justice for this judge somehow, because george zimmerman sat there and allegedly allowed his wife to make misrepresentation toss somehow then deny the motion. megyn: i've got to go. both, quickly yes or no is zimmerman going to get out on new bond, mercedes? >> i don't think so i think it will be a real issue for him. >> yes, absolutely and he should. megyn: panel thank you so much. a new report of trouble in the white house. two of the most powerful men in the administration allegedly at each other's throats. the bombshell details ahead. an average day behind the wheel of a garbage truck turns into a heart-stopping moment getting national attention. we'll tell you why. an alleged bully called this woman's daughter terrible and hurtful names telling her she would be better off dead. does that make it okay for the mother to then choke the bully? "kelly's court" decides who was

the real bad guy here. >> i get grabbed by the back of the neck, i get yanked back, i had her hands around my throat. >> she didn't even say anything first, she just came up and grabbed you? >> yeah. but instead she gives him capri sun super-v. with one combined serving of fruits and vegetables. new capri sun super-v.

megyn: countdown to wisconsin. less than 24 hours away from a crucial election that could have wide-reaching eu78 reply cases for the white house. the democratic national committee called the recall effort a dry run for democrats. the voters will decide whether scott walker will keep his job or whether milwaukee mayor barrett will take over. the real clear politics poll

shows walker with a 6.5% lead. when you factor in the margin of error, this is a race anyone can win. governor walker stripped public unions of their collective bargaining rights. making this an election as much a referendum on union power as it is on governor walker. chris stirewalt and joe trippi, the former campaign manager for howard dean and a fox news contributor. you can hear the sounds behind chris style walt. both sides have trying to hedge now. dnc chair debbie wasserman-shultz, saying it's a dry run, now she's trying to step that back.

>> here's the deal. you can feel there is palpable energy out in the streets. people are fired up about this. remember this, this is super important. turnout is expected to be enormous for this. when they had a recall election in california they got about 35%. they are expecting 67%. democrats and republicans know there is so much on the line for electoral votes in the fall. megyn: if the democrats lose -- only two governors have ever been recalled so we didn't expect it to be. if he loses his job you will have the same democrats saying this is a huge deal and referendum on republicans. before the vote comes in ... >> i think this is about wisconsin.

currently president obama still has a sizable lead over romney. so i'm not sure it does play into the politics of november. we'll see. but it's going to be close. the latest poll has a 3-point differential which is closer than the real clear politics average. and we'll see how it happens. but this is all about who turns out tomorrow. as chris said, it's going to be -- a full size -- both sides have full turnout operations going. it will be an interesting result. megyn: they are expecting more than 60% of the voters to show up. we can't get that on a presidential election and a recall of the governor is bringing out that kind of people. >> this has touched a live wire. remember this. i should say, joe, this. the republicans are publicly downplaying but in private behind closed doors they are

optimistic about tomorrow. they think walker's position will be a harbinger. this is a state that used to be a house divided. a blue half of the state and red half of the state and made purple. this is fall flux now. everybody knows it, and the question is, this election will tell us the tale which side is on the upswing. obama won a huge victory in 2008. but in 2010 scott walker won by a surprising margin. megyn: joe, governor romney would have have much liked to make wisconsin part of his electoral college victory. he would like to get one of the industrial states. michigan, wisconsin or pennsylvania. if the republicans keep their seat in the face of the unions, does romney have reason to hope wisconsin could go red in november?

>> it could give him reason to hope and it could be a trap for him. it does not look like it's ready to move away from barack obama. i think obama has a 7-point lead in the state by the real clear politics average. whatever is happening in wisconsin with walker it doesn't look like it's translating yet to romney. we'll see and maybe it result tomorrow will help make that happen. but i don't see it right now. megyn: does it have implications -- does it have implications for the republican party beyond the presidential election? does it speak to ongoing battles in other states we have seen between unions and governors not all of which the republicans have won. yes comes to minds. >> with scott walker's budget, when it went into effect and broke the power of state government worker unions to collectively bargain. in the year since that happened,

overall membership in the unions dropped 70%. the workers wanted out and they got out. they were happy to keep their money and still get the protections of the union. this is the biggest poor support for the democratic party. unions are the biggest part of the democratic constituency. if republicans like scott wearing can succeed in reducing their power, that will be bad news for the blue team. megyn: democrat unions pride themselves on their get out the vote efforts and organizational ability. did debbie wasserman-shultz have a point that this effort tomorrow will speak to the strength or lack thereof of the ground games in getting close to the election? >> i think to an extent yes. one thing i thought all year is

the ground game on the democratic side is a step above what the republicans have been able to do. if this is closer tomorrow than people think, i think it is a hat tip to labor. even if they lose this thing, it where they can make an even bigger difference. megyn: a republican has not won wisconsin since ronald reagan. even if walker keeps his seat. it seems like mitt romney shouldn't be doing any victory dances at this point. thank you both so much. two of the smartest guys we know here at "america live." tomorrow's recall election will be the 7th time that wisconsinites have voted in the last 14 months. can you believe they are still going to have the big turnout? wouldn't you be voting fatigued? they voted on everybody from state senate recall primaries to the presidential primary in april. let's take a look at how we got to the special election to

recall governor walker. back in november 2010, governor walker beat milwaukee mayor tom barrett in the gubernatorial election. then in february 2011, governor wearing addressed the state's budget short fall by curbing the collective bargaining rights of unions. then the protests began. that prompted the recall effort which got started in november of 2011. the primary and now here we are 24 hours out. a fox news alert. the economy and especially last week's dismal report on our jobs situation getting lot of attention at today's white house briefing which has just wrapped up. reporters pressing the white house on what the recent bad news on the economy means not just for this country, but for the president's reelection effort. ed henley was live in the

briefing room and now he's live here with the story. >> what jay carney was doing was blaming the situation on various things. the our fiend debt crisis and how that made the u.s. economy more difficult to turn around. he also blamed republican inaction on the president's jobs bill that was introduced to great fanfare to a joint session of congress. he doubled down today by charging republicans are rooting for failure on the economy, don't want to pass the rest of the president's jobs act. jay carney also while acknowledging the economy isn't good enough, found a way to blame the bush administration. >> friday's numbers were very far from where we want them to be, where the president wants them to be. but even those numbers again, another month of private sector job creation compare favorably by anyone's standards to losing

750,000. >> reporter: i asked whether the president is going to call republican lead towards white house to show how you are gentle the situation is, he said the president had democratic and republican leaders here for lunch a couple weeks back. the president believes that if republicans would pass the president's jobs act it would have a positive impact on the economy. but there was nothing new in terms of agenda items. what the president has left between now and november to try and turn this around. he's running out of options at this point because he unveiled that big jobs bill it, highly unlikely that republicans are going to support some new effort upon the hill right now. megyn: ed henry, it look like a beautiful day in the washington's capital. you can see the breeze behind jay. here in new york ... not so

much. no. slugging it out at 1600 pennsylvania avenue. literally. a new book with some stunning revelations about real drama between the southern general and the president's chief political advisor. why a top staffer had to tell them to take it outside. a runaway stroller barrels through an intersection with a baby inside. what that truck driver did to become a hero and prevent a horrible tragedy. this mom takes matters into her own hands trying to protect her child from a bully she says has been relentlessly hounding her child. but it landed her in hot water. >> the first 30 seconds i had no idea what was going on, then everything started going hazy. i didn't pass out. my eyes started to black out and my ears started ringing. it was pretty scary.

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megyn: new details revealed of an alleged 2009 confrontation, southern general eric holder and david axlerod had to be broken up by a top staffer after a cabinet meeting. apparently in a heated disagreement about mr. holder's concerns of political meddling by mr. axlerod at the d.o.j. it's detailed in a new book by "newsweek" reporter. "kill or cap fewer" is the name of the book. >> eric holder is a great friends of mine. we even went to the same high school.

we may have gone chest to chest back in the day. but we have a strong relationship and i'm not going to get into the details of that other to say i respect him and i obviously never tried to interfere in anything he did. i never talked to him about a governmental or justice department matter in all the years i was in the white house. megyn: peter johnson jr. does this seem unbelievable to you? they went chest to chest in the west wing? they had to be broken up by valley jerrod? >> this story is incredible. this book detiles that david axlerod said you are trying to suggest i'm trying to influence the justice department.

i'm not karl rove. to which attorney general holder allegedly said, that's b.s. and he said -- it's not the polite version. so who is doing whose politics here? a lot of folks would say the holder department of justice is one of the most political in american history. perhaps it was not as political or differently political than what mr. axlerod wanted it to be. obviously there is always a dynamic tension between the departments of government and the political advisors to a president. they want to influence as much as they possibly can how a department is run. but clearly a political advisor is not supposed to influence who gets prosecuted. who doesn't get prosecuted. and we do know from the "new york times" story last week that

talked about so-called terror tuesdays. it alleged mr. axlerod was participating in white house meetings with regard to counter-terrorism policies. megyn: top political advisors sitting in. he did deny that sort of. >> it seemed that he denied it, but people in congress want to know who was attending these meetings on specific days. obviously mr. axlerod has had a profound influence on this president and helping get the president-elected. megyn: what about at the d.o.j. it has come under withering criticism under mr. holder. to be fair as it did under president bush when john ashcroft was running the show and attorney general gonzalez. >> , robert imp he will and robert kennedy.

megyn: people don't like to see the nation's top law enforcement officer get political with his law and justice decisions. the question is whether axlerod wants the justice department to become more political. they talk about how he took umbrage on whether there was political meddling an got depressed in 2010 he considered quitting. >> valley jarrod said it will hurt you and the president to leave two years into this administration. is the holder justice department innately political when it refused to prosecute black panthers in florida. is it political when it makes decisions on how ksm will be

prosecuted. megyn: not enforcing the defense of marriage act. >> there is always a political component. about it appears if this account is to be credited, as you point out, there was not a full-throated denial that we heard on "face the nation," then obviously he said well i'm not karl rove. but he didn't deny he was interested in placing political appointees in the justice department. megyn: they said that's what the fight was about to begin with. that eric holder was accusing him of that an was denying it when they went chest could chest. would it be unusual -- if the d.o.j. is political, if it has been politicized under this administration, is that unusual? >> it should be unusual. i think under this administration we have seen the extent of it. and it's sometimes surprising.

what i'm happy to see is eric holder say can i'm not going to be political. and standing up. and he's a big guy. he was the cocaptain of the basketball team that columbia. megyn: maybe axlerod had an axe to grind because he didn't make the team. >> axlerod is pretty tough. megyn: peter johnson, thank you, sir. coming up, last week's dismal unemployment numbers. they are bad news for our economy. as you saw in ed henry's report they could be bad news for the president's reelection team. he told you how the president and the white house team are handling these numbers and our political panel will react to that latest news five minutes away. thousands of american soldiers fought and died in the vietnam war. many of those lost never made it home for burial. now there is new hope for their

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megyn: an historic visit to vietnam by leon panetta to try to close war wounds that are three decades old. 1,600 american soldiers remain unaccounted for or missing in action. the remains only 980 soldiers have been identified since the close of the war. jennifer griffin has been following secretary panetta and has more from vietnam.

>> reporter: we are here in hanoi traveling with the defense secretary. as much as things appear to be normal it's important to remember there 1,284 american service members missing in vietnam. today at the equivalent of vietnam's pentagon, they announced they would allow america access to three sites pleased to have the remains american troops. most of those still missing went down in planes. some are under water. until recently there were 34 sites the u.s. wanted access to, but the north vietnamese come tonight regime denies them access. the acidic nature of the soil has caused the boafns those killed to disintegrate faster than normal and generations of

witnesses are dying or aging themselves. temp. the vietnamese gave panetta several sets of letters. including one stolen off the corpse of sergeant steve flaherty killed in combat in 1969 while serving in the 101st airborne. they were written by sergeant flaherty to his family and shah been used for years as anti-american propaganda to the word. the. the u.s. presented the vietnamese with a diary that was taken from a prisoner in 1969. megyn: press secretary jay carney fielding questions about growing anxiety overt economy may change the story on the

campaign trail. we'll have that for you after the break. a mother confronts her daughter's alleged bully and winds up in cuffs herself. even some of the officers who booked her said if someone had treated their children that way they would have done the same thing. >> i got grabbed from the back of the neck. i had two hands around my throat. >> reporter: she didn't say anything to you, she just came up and grabbed you? >> yeah.

megyn: moment ago white house press secretary jay carney fielding questions about the economic downturn this country is facing and how this could affect the campaign narrative. >> reporter: is the president hearing from democrats? what is the concern -- does the president share the concern that somehow there has been a tipping points reached that the economy is now headed in the wrong direction, not just a blip, but in the last two months were revised downward and the president won't be able to make the argument that job growth is happening and it's accelerating, and that his prospects for reelection are weaker. is he concerned about this? >> the president is focused far less on his job than on the jobs of the american people. that's what he works on every

day. that is what drives all of the economic proposals that he has put forward. that is what haas driven him from the time he decided to run for the senate and run for the presidency. megyn: joining us now to help sort that through. melissa francis. host of a brand-new show on the fox business network called money. also. ed rollins, campaign director for the ronald reagan campaign. welcome all. i want to start on that point there, ed, that the president is focused far more on jobs than his job. because there has been a real question lately as we see these unemployment numbers going in the wrong direction whether that

is true. whether he used the enormous capital and goodwill he had coming into office to address the economy or was distracted. >> obviously he has been distracted. here he is today raising money in new york city. he ought to be talking to ceos about reinvesting in america. you barely see his labor secretary. you barely see him meeting with small business people. he has to inspire people to recreate jobs in this country again. megyn: tara, as a business person, to what extent has he exposed himself? two small business folks. that was a criticism of president obama when he was running, that he didn't have enough business experience and we might wind up with a president who didn't understand the business community. >> they feel like he is not supporting them. and they are out sort of on

their own trying to make it happen and they don't have a lot of con if i dplens this administration. you talk to mort zuckerman. he's a democrat. he says -- i just don't feel the confident out there. it's a big responsibility and burden when you take on new employees. you are paying their benefits and salaries. you have to feel confident you will have customers and economy is expanding. they don't feel that confidence right now. he says we need a change in leadership. that's what i hear from a lot of people. megyn: the economy creates 69,000 jobs. it's a bad number by any account. however,ed the administration is pointing out we were shedding 750,000 jobs a month when president obama took office. it's not where we want to be, but white house is telling us at

least that's better than what we were given. >> usual right. first we western losing 750,000 jobs. but to your points, for those people who are not one of the 4.3 million jobs, this is a tough time for them and that's little consolation to them. the bigger problem for the president and the president needs to call it out and be far more aggressive is to call out the fact that the republicans are holding up the jobs plan he laid out. megyn: he made that point when he said we can't wait. then esteemed move on from that. >> the bottom line is one of the centerpieces of the president's job proposal is infrastructure spending. the chamber of commerce called it a no-brainer. the republican governor of ohio is work on targeted tax breaks

it's exactly obama's plan. >> nobody knows what the stimulus did. >> it created jobs. >> it didn't create jobs. he could have spent a trillion dollars at that time on rebuilding infrastructure. there is no money right now. he didn't care if any republicans voted for his healthcare and stimulus. not' the republicans fault because he can't get a job plan. if he had a good jobs plan the business community wanted they would put pressure on the republicans to pass it. megyn: is there any testified to believe with mitt romney in offers things will change significantly in this country? how much control -- how much power does a president whether he's an "r" or "d" have to change the economic environment right now? >> i think americans feel whatever is going on is not working. if the president doesn't get

reelected. we were ticking down to 8 .1. now we are moving in the opposite direction. the payroll numbers are getting worse. don't know how you get that number down. megyn: you have got to get it down politically before the election. there is any way of doing it printing more money? >> we tried that. we print as much money you possibly can. everybody who can refi has done so. they are still not buying new homes because they don't want to take on the burden. there is only so much you can do before you turn to the business vibe. you tried to stimulate people getting to go out and shop and buy houses. it worked as much as it possibly could and no more than that. megyn: he gave an interview in matt lauer in february of 2009 and said this. which a lot of folks looked back on since. listen. >> i will be held accountable.

i have got four years. and a year from now i think people are going to see that we are starting to make some progress. but there is going to be some pain out there. if i don't have this done in three years there's going to be a one-term proposition. megyn: has he gone the it done? >> i think he's give up everything that he inherited, the situation in europe. europe is in a recession again. 11 countries are in a a recession. the united states is not. i want to make another points. we have 3.75 million jobs open in this country right now. the president proposed workforce training to try to make sure americans who are unemployed can learn the skills to be placed in those jobs. why isn't romney talking about those jobs. they are committing economic

sabotage. the president cannot control that. 3.75 million jobs. >> two out of three branch ofs of the government are controlled by the democrats. they haven't done anything to move this forward. right now it's confidence in the ceo world. they don't know what the tax base will be or healthcare will be. this president thinks you create government jobs. megyn: what do you make of jay carney's comments that the republicans are rooting for economic failure. >> at the end of the day this president had an opportunity and i think they failed and the american public has to make that judgment in november. megyn: melissa, are you nervous? 5:00 p.m., fox business network. brand-new show. >> i'm thrilled and excited. we are going to have a great time. i'm paying anyone who tunes in.

megyn: that's the meaning of the name. >> "money" with melissa francis. we'll work that out later. 5:00 p.m. megyn: thank you all so much. a florida mother says her daughter was tormented by a school bully and the school and police did nothing about it. then she finds herself face to face with the accused bully. and her actions wounds up landing her behind bars. would you do it? and was justice served? "kelly's court" takes up this one next. >> i said you should donate your body to science because blue whales are rare. hey, the new guy is loaded with protein!

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child abuse charges after surveillance video shows her grabbing and choking a 14-year-old boy. but she says she had good reason for what she did. she said the boy was a bully who had been writing disgusting and harassing comments about her young daughter on facebook. she says she tried to go through the properer channel, the school and even the police. she said they did nothing. when she saw this boy in a local mall she aloud her emotions to get the better of her. >>'s my daughter. the nasty things he was saying about her. there are things i can't even say on tv because they are so vulgar. it just got to me. what really did it was when she was so upset about it, she didn't want -- she wanted to hurt herself. and that to me as a parent seeing my daughter like that really angered me.

megyn: the accused billy called in to a local radio show and said that woman's daughter starterred the whole thing and provoked him first. >> she called my girlfriend fat. before you call anyone fat you should look in the mirror. that not right. you can't call someone fat and you need to look at yourself and you need jenny craig. megyn: joining me now mercedes colwin and mark eiglarsh. we are all parents. we can all relate to the urge to protect your child. and i can only imagine having your child bullied to the point where according to this moth sheer he was thinking about hurting herself. and the mother says it's this boy's fault. does that mitigate her behavior? >> under the law perhaps, but with a jury i think so.

if there was a case of jury nullification and the jury says i'm going to rule from my heart, this is this case. here is this boy who seems so and tides. but you look what he posted on facebook. he says she was so fat blipping ugly he wouldn't even rape her. and other disgusting things he said. the encounter in the mall. that mother confronted the 14-year-old and said there's nothing you can do about it. if all the facts laid out before the jury, i think the jury would say i would do the exact same thing. megyn: the reason the cops arrested her is the alleged bully's mother saw red marks on his neck. she says her son was choked with his backpack. she says she should have come to me. they should have raised it with me. she said it didn't happen.

she says you can't have adult beating up on a 14-year-old boy. >> i agree. i feel for her. i'm a father of three and i don't know how would i feel if i was in that situation. i would probably want to ring the kid's neck but i would stop. there is nothing in the statute that says there is any kind of legal defense to this type of violence if you are really offended by the words of someone else. to had this kid pulled out his little pocket knife i'm making up for purposes of discussion and stabbed her in the heart he would legally be justified. he for her own protection and the protection of others who might want to attack and those who may soon be victims because someone is offended by what they write, this can't take place. megyn: it doesn't look like there is a legal defense. they go to trial they go for

jury nullification. according to the moth they are was a lack of row sprons from the police and the school. his to the bully. he says what he wasn't through at the hands of this mother. >> she was screaming for the first like 30 seconds i had no idea what was going on. then everything started going hazy. i didn't pass out. my ears started ringing. i don't know if i was about to pass out but it was pretty scary. megyn: it's vigilante justice. >> i feel for this mother, but i think there are two sides to this story. the mother was very clear that she confronted this 14-year-old an cursed at her and said there is nothing you can do to make me stop. that's not someone coming across as a victim. put him in a courtroom.

put him under oath. tell what happened and the story may change. megyn: she says the father of the alleged bully girl reached out to the kid as welt to try to put a stop to it and was responded to with obscenities and you will have garritys. >> we can't sort out exactly what happened but it doesn't matter. what mercedes is saying is we'll put jurors in the jury box and tell them regardless of what the law is, put it aside and just cut her loose. you know what -- >> they do it all the time, mark. >> i know. you cannot unless you reasonably feel fear of death or great bodily harm, you can't put your hands around somebody's neck. you legally cannot do it. i feel for this woman. megyn: once we say you can do it it will be happening more and more. so many kids get bullied and so

many kids are not responsive when someone tries to stop the bullying. many of us have been through what this girl went through and worse. there is very little you can do. great debate. coming up, the centers for disease control weighs in on the threat of a zombie apocalypse. 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.

megyn: the nation's top emergency doctors declaring there is no zombie apocalypse. the centers for disease control taking this very seriously, responding to public concerns after several widely reported cases of real life cannibalism. trace gallagher live with more on this lovely story. >> reporter: the cdc has given zombie warnings before but they have always been tongue in cheek. this time they are giving the

warning again but they are serious about it. this is a direct quote. the cdc does not know of a virus or condition that would reanimate the dead or present come by-like symptoms. it comes on the heels of the case in florida where the man was shot and killed by police while was attacking the face of a homeless man. he was shot again and again but he seemed invulnerable to the bullets until he finally collapsed. the homeless man will live but his face is badly disfigured. in maryland a student has admitted to murdering his roommate and eating his body. pen there is the case in canada where a porn star murdered a man and sent his body parts to politicians. the cdc says these are just

sick, gruesome crimes. but they did issue a statement which makes one wonder. megyn: generally the goal when we end these shows is 0 set the next show up for success. but a nice story at the end that people will say i want to stay tuned and watch more. all i can say is i'm sorry, shepard. we'll be right back. c'mon dad! i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw!

g. it kills heartburn fast. every bite goes above and beyond the call of deliciousness. that's a big 10-4 kosher. with no fillers, by-products, artificial flavors or colors. hebrew national. the better-than-a-hot dog- hot dog. >>megyn: a bunch of babies doing their level best do crawl five yards in kind of a straight line. the winner gets a big hug from mom like every baby, look as these two, other way, the next get is not getting it. you can do it. move along. look at moms. do not care what kind of an ass you make of yourself to get your baby to crawl. this is an annual event in

lithuania marking international child protection week. you have to hand it to the mothers, right, look at them. go! go! winner. number four. and, now, i can say, this sincerely, you are welcome, shepard. >>shepard: the news begins anew, on "studio b", today the rare recall election that has sparked massive protests, tens of millions of dollars from outsiders and a list of high profile endorsements starting in wisconsin tomorrow. it is a battle for a statehouse that has turned into a national discussion on public versus private power. we are live in the badger state. and, two firefighterring tanker jets crash in the southeast. but only one of them killed some of the crew members on board. the details and the pictures coming up. plus, facebook can soon add users younger than the current

does portend bad news for romney