today's vote. we are also learning the group behind this letter has ties to the democratic party, as well as to labor unions. and while this may be upsetting to some people, as we will tell you about, it may also be perfectly legal. eric shawn is in our new york news with details. >> reporter: megyn, how would you like it if your neighbors knew your voting record? that has plenty of voters in wisconsin outraged on this recall election day, they are angry that this activist group did just that, sending out flyers listing neighbors' names, addresses and whether or not they voted in the november 2008 and 2010 election. the group behind this is the greater wisconsin political fund, they're affiliated with greater wisconsin committee which has run ads against republican -- against republican governor scott walker. apparently it was intended to encourage people to vote but many see it as a violation of voter privacy. critics say it could also lead to voter intimidation

if neighbors, let's say, knock on each others' doors, asking or demanding how they vote, the flyer reads in part the chart shows names of your neighbors showing which have voted in the past. look at the list below. are there neighbors on this list you know? >> i was outraged. it's my private information and it's being sent to everybody all over the neighborhood. >> something is wrong there, i think, that it's just an invasion of our privacy, that right. you go to vote and you think it's going to kept private and your information is going to be kept private and then to get this? >> reporter: it turns out that voter information is not private. but public record. and by law. the government accountability board which oversees the elections in wisconsin has to offer voting lists for sale. the lists of voters are often used for political campaigning but according to the board this is the very first time the names and voting histories have been used in this matter. by the way the list of the voters in wisconsin costs $12,500. in a statement released in

response to the complaints from people about the mailer, the government accountability board says this, quote, many callers are upset this information has been released. voter records, including voting history, are public records and have been since the days they were kept in the handwritten books in the municipal clerk's office. well, kevin kennedy who heads the government accountability board tells us the proper protections he says are in place to protect the integrity of today's recall election and he says the board should not be blamed for these flyers or the greater -- and nine calls to the greater wisconsin committee have gone unanswered. megyn: but probably kept in their files, eric! thank you very much, eric shawn. how about that? what do you think of that? well, as this high stakes race unfolds, the white house is taking questions about the role that president obama has played in this contest. although the president has visited wisconsin eight times since taking office, he has not returned since

february. just before the recall vote was scheduled. and the president did not refer to mayor barrett or to wisconsin even once during his three election fund-raisers last night. his only mention was in a tweet sent out yesterday that said mayor barrett would make an outstanding governor and that only came after white house press secretary jay carney was peppered with questions over the president's lack of participation in this recall. leading up to today's election, the real clear politics average showed the republican walker ahead of his democratic challenger. meantime, voters in wisconsin are fired up about today's election, by the way, it is still a tight race however and within the margin of error. want to take a listen to just a little bit of our upcoming focus group on this race. >> we elected him to do this job and he so far, in my opinion, he's done the best job he could possibly do. >> he was elected to do a job, but he came in and bulldozed the people of wisconsin. there's a huge issue there. >> what happened -- >> that's what they needed was to be bulldozed, get off

center. >> not in that way. the people needed to have their opinions count. >> one at a time. >> we did vote. the people voted in november of 2010, and now it's, you know, june of 2012 and we're at it again. it's ridiculous. megyn: so interesting. you can see republicans and democrats fiercely divide over the governor's time in office and whether he has done the right things but the two groups are in agreement on one critical issue, and that may surprise you. coming up, we'll look at this special focus group and what it means to wisconsin, not to mention the rest of the country as we barrel towards november, 2012. spying on our nation's farmers? republican lawmakers demanding answers after they learned the environmental protection agency has been using aerial spy drones for years to spy on cattle ranchers. these are the same drones we use to track down al-qaeda terrorists flying over

nebraska and iowa. and spying on our very own citizens and cows! is this legal? fox business network's stu varney is host of "varney & co" on fbn and has been look going this. it's not just cried anymore. we need to know what the nation's farmers are doing and the epa stands 100 percent behind this. they are not saying we're not doing it, they're not saying you got the story wrong, they're saying yeah, we're allowed to and too bad if you don't like it because we need clean water and these farmers may not be complying with the law that requires it. >> you asked the question, is it legal. i contacted a constitutional scholar and he said look, if there is an administrative purpose to these overflights it is okay. if an agency wants to find out what's going on in any given area, the compliance with the law that was passed by congress, in this case the clean water act, it is constitutionally okay, but megyn, when you used the word drone, what do you think of? you think of terrorism. you think death from the

sky. you think bin laden. well, when the republicans -- republican senator -- senator from nebraska mike johannes found out about it, he was livid. he thinks it's an example of government intrusion, spying, treating ranchers like terrorists and he doesn't like it so he fired off that letter to the epa saying look, this isn't constitutional, they came back and said we don't know -- well, it is constitutional, we've been doing it for ten years and moreover, it is cost-efficient and it will continue. megyn: so it's not just a president obama thing, president bush did it as well if they've been doing this for ten years. >> done for ten years. >> whether or not they used drones for the last ten years, we don't know but overflights, yes, ten years, they've been doing it. megyn: you got to picture yourself as one of these midwestern farmers. what's in the news lately? the fact that president obama has killed more terrorists with drones than any other president, that president obama has a so-called kill list and on that kill list sometimes civilian casualties go as

well because if they assume you're a terrorist and adult male of a certain age in a certain community, you're a terrorist, and even an american al-qaeda, a member of al-qaeda, was killed by a drone, so now you're in the midwest and you know you're not a terrorist but nonetheless you've got to get a little squeamish when you see a drone go overhead! >> what do you think? you're seeing something over it, what does it say about their attitude? >> megyn: i never met that guy! >> duck! you know, it's not going to be popular. i suspect there is a political price to be paid for this, although frankly, you have to expect it to continue. it is cost-effective. it is cheap. and this government has this particular view of how to look at business, and drones from the sky, looking down at ranchers apparently fits the bill. megyn: they say they have to do it to monitor compliance

with the clean air act because the farmers are polluting and these drones are getting to the bottom of it stuart. >> i tell you! megyn: i predict some clever farmer will have an interesting message for the drone. atop his barn sometime soon! >> supposing one shot one down, what would be the repercussions of that? >> megyn: let's not even put these ideas this peoples' heads! stuart, thank you. you got to laugh a little! my heart goes out to the farmers but can be imagine being witness to this, you're in the field, the drone goes by and it's like marge, isn't that the thing we read about in pakistan? oh, all right! taking your thoughts on that, too, follow me on twitter, megyn kelly. >> a change in tone on the war on terror. one of candidate obama's number one issues was how he felt that president bush had botched the war on terror. he talked about how he believed he had unnecessarily compromised our values as americans in the name of safety. but in a sears new book, one

author reveals that once barack obama became president, instead of candidate, he turned into something that he criticized quite a bit when he was running for the office. he will be here, live, to discuss what he found. and they say dreams come true at disney. unless you're a kid dreaming of candy. why the food police are coming to a castle near you with an advertising ban that is being called a breakthrough in the world of kids' programming and nutrition efforts. and the president's itinerary in the past few weeks has had no shortage of a-list celebs but is his celebrity support helping or hurting him? that debate on star-studded ads is next, including a special message from vogue editor anna wintour. anna wintour? the devil in prada? [ kate ] most women may not be properly absorbing

the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8.

>> in europe's economy, it's cast ago shadow on our own. and all of this makes it even more challenging to fully recover and lay the foundation for an economy that's built to last. megyn: that was president obama from his weekly radio and internet address over the weekend, responding to last week's dismal jobs report and defending his economic polices. well, france is pushing back today on those remarks. the country's foreign minister saying, quote, the

crisis didn't start in europe. lehman brothers was not a european bank. end quote. he went on to say, quote, we should not shift responsibility. we are all in the same boat, end quote. republicans launching a new attack on the president, featuring his cozy relationship with a number of celebrities. the president was on broadway just last night, teaming up with former president bill clinton to draw in donors. here is that new video, the rnc put out, flashing unemployment numbers under a campaign video released last week, featuring vogue editor anna wintour, who is featured in devil wears prada. >> hi, i'm anna wintour and i'm so lucky in my work that

i'm able to meet some of the most incredible women in the world, people like sarah jessica parker and michelle obama. these two women and i are hosting a dinner in new york. megyn: joining me now, leslie marshall, and lars larson, also a syndicated radio host. i love the anna wintour bit, because that is the person on whom the movie devil wears prada was based! and we showed a clip of it, you know, brilliantly played by merrill streep. we showed a clip of it when we bounced out to break and the movie reflects her as a horrible person! abusive, pejorative, you name it, she didn't come off well, but you tell me, leslie, does the obama campaign benefit from having her fundraise for him? >> quite frankly any dollar that comes in for the president or mitt romney benefits these guys. megyn: why not get -- >> [inaudible]

>> i've been called the devil but i can't afford prada. >> she seemed like a genuinely mean person, didn't she? didn't anybody see that movie? >> meryl streep did a great job portraying that person as a very mean person and i'm glad i don't work in the fashion industry! you know, this comes down to me no big surprise. the democrats vls have had the support of hollywood and lars, you're jealous that i'm part of the cooler party than you, that's what this comes down to! >> megyn: that's the good question, lars, is it easy to mock anna min tore and sarah jessica parker because the republicans are just jealous, they don't have that kind of heavy weight a list george clooney endorsement! >> all that heavy weight, intellectual property in hollywood! listen, an awful lot of those folks should stick to acting. this fits the m.o. of b.o. very well! the fact is the is an elitist so hanging out with

fellow elitists who wear prada, that fits in with what he's doing but does it mean anything to average americans who want jobs at this point, does it mean anything to the folks that are young graduating from college with a pile of debt and finding out that 50 percent of recent college graduates are unemployed or that the unemployment rate for young people, not college educated, is 17 percent? i think they'd be more impressed with getting a job than they would with some connection to some lady who makes fancy women's clothing. megyn: all right, it shows that you know, lars, she doesn't make the clothing! she's the editor of vogue! she just judging the clothing! you tell me, leslie. i get sarah jessica parker and some of the other celebrities, very appealing people. anna wintour? i can't get past it. i know it was a maf -- a movie, based on a book, by an assistant who allegedly had these experiences. this is the person who wants to -- you know, michelle obama, come join me!

really? don't most americans see her and say i don't want to go anywhere near you? >> i think most americans are like lars, anna, who, quite frankly, and i don't think it comes down to the democrats or even the president saying who do we want to represent us. i think it's sort of like i'm writing a check this large, this is the position i want in the video, i'm going to have a big bash for you, et cetera. lars, to your elitist point, gee, when mitt romney is rubbing elbows with donald trump, that's -- that's not elitist, those aren't elitist people in the upper 1 percent? >> isn't romney bashed because he goes in a stationwagon? i don't think he was going to the hamptons. megyn: but her question is, and -- >> i know, the dogs. megyn: would romney be featuring yan wintour and sarah jessica parker if he could get them? >> well, i don't know that he would or wouldn't. the fact is that mitt romney is a big supporter of business which apparently the president doesn't do

enough toward, and obviously, she's a big supporter of business. if you remember the movie, they talk about the fact that that industry supports billions and billions of dollars worth of jobs that go to people in america and around the world. i wish the president were more supportive of business as mitt romney has been. but the only business the president knows is how to make excuses. now it's france's fault that our economy stinks. it used to be bush's fault. soon it's going -- well, it was the tsunami at one point. can he find anyone to blame for why america has a stinking economy right now? megyn: on the point you made before, lars, and this is for leslie, the president like mitt romney needs donors, and there was a report just this week about how the president is really hurting among the smaller donors, the same group that opened up their wallets to him back in 2008 is not doing so to the same extent this time around and you know who has a lot of money? famous hollywood celebrities.

they have a lot of money. so does it make sense to him, even if it might alienate a few, you know, regular american folks, does it make sense for him to appeal to the anna wintours of the world and others like them? >> sure. megyn: absolutely. >> just like it -- >> sorry? >> yes, absolutely, because both sides, both mitt romney and president obama, they have their base, okay, they have the democrats, they have the republicans. the vote they're looking for is that proximate 15 percent independent swing voters. nobody -- i don't think anyone out there is going to say i'm going to vote for or against president obama because he's friends with george clooney. i've never seen it before -- seen it happen before. >> i heard that david axelrod sat down with anna wintour and said we need to work on our ground game and these are the people we need to work with and she said did you fall down on the sidewalk and bump your little head? that's all! see you panel! >> take care megyn. megyn: if you know the movie, you know what i'm talking about! taking your thoughts, megyn

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>> megyn: there you goarks you're welcome. that will be in your head all day! the walt disney company making big news with its announcement it is going to drop all junk food advertising aimed at children, and instead, only allow ads for healthier food choices. and they say this new plan has ties to the white house.

trace gallagher, live in our west coast newsroom, trace. >> reporter: you know, they are serious about this when they say by 2015 if you don't get the mickey check, mickey mouse's sale of approval you cannot advertise on any of the disney platforms which include the disney channel, disney xd, disney, jr., radio disney, disney.com and all the saturday morning kids programs on abc which is, of course, owned by disney. the goal here is kind of get rid of the worst offenders, candy, snack cakes and sugary drinks and get the other food companies like cereals and snack foods to lower sodium, fat and sugar content so they can advertise on disney. now, disney is already working with some of the major food brands, trying to get them to reformulate their products. disney stands really to take a big financial hit because the federal trade commission says that food and beverage companies spend $2 billion a

year on ads that are aimed at kids like soda and sports drinks. you watch these things, you have kids, they're on all the time, and disney chair bob iger and michelle obama today were at this big event where they unveiled this nonadvertising ban. listen: >> one of the things that defines disney is our commitment to kids and families. and that commitment extends to doing our part to support parents raising happy, healthy kids. >> reporter: things like spaghettios and other things that are not really great for you, those will still be allowed to be advertised on disney and the theme parks, if you go to the theme park, you can still get a big 32-ounce coke. mayor bloomberg might not want it but it's still available out there. they're trying to tinker with the menus at disney's resort toss try to get more healthy food choices in there. the big push is to go after nickelodeon and cartoon network to see if they'll follow suit with the advertising ban for the bad companies. megyn: meantime they say at

disney, right now, you can get a fried turkey leg that is the size of a baseball bat! like it's bigger than your arm, and you can eat that, you know, fried turkey, leg, it's not really that great, but you can walk around disney eating that, but you cannot advertise a gummy bear! >> reporter: fred flinstone size! megyn: who needs that! why is this necessary? >> i don't know. megyn: you're a man. you're supposed to be able to answer that! thanks trace. go work on that. the problem is i'm asking a guy from california, right? grew up in the little surf, in a bathing suit all the time so he had to stay fit! see, i need to find a man who doesn't worry about his waistline as much as you, and ask them why the turkey leg the size of a baseball bat is necessary. >> reporter: born and raised! they are delicious. megyn: they're delicious. that's the answer. coming up, candidate obama promising not to compromise

american values for our safety. this was the main piece of his platform that he ran on. but a new book suggests that president obama may have done just that once he got into the white house and started to get the daily security briefings. we'll speak to the author of that book about why the president may be fail to go live up to his own promises that he ran for when he was seeking this office. plus, a u.s. veteran returns from fighting overseas only to discover his time in the battlefield may have cost him a shot the a the apartment he wanted to rent. the showdown between the landlord who apparently has no love to our veterans and that veteran on today's kelly's court. and wisconsin voters may be divided on their governor, but the group we spoke to is very united on one critical issue. we'll show you what it is and what it means for wisconsin and the rest of the country, right after this break. >> the election is sending a message that continuing to spend money we don't have, building decifits, is wrong and that takes bold action. we with have to make the

decisions now, not put it off for the next term. >> i hope our government reaches the same conclusion in washington as we have done here. stop the bad spending. get it under control. right now. >> do you agree with that? >> yes. g.

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: it's decision day in wisconsin.

voters are heading to the polls at this hour in an historic recall race between republican governor scott wacker and democrat milwaukee mayor tom barrett who is challenging him. it's a bitter political battle over governor walker's effort to influence labor nationwide. pollster frank luntz is in wisconsin with a special focus group weighing in. >> this is madison, wisconsin, all eyes are on what happens in the election and we've got 25 wisconsin voters and boy are they divided. my question to you is are you representative of america, or is this just wisconsin. what would you say? >> this is representative of america. we are so divided, and the sad thing is we haven't seen this confined of division i don't think in hundreds of years. we've got to find a way to come together. >> why are you so divided?

>> we're asking a tough question here. >> so you think that -- >> there are things that need to be addressed. >> you think this is a good thing. >> absolutely. >> why? >> we're addressing things that need to be addressed. budget decifits, things that should have been taken care of a long time ago. >> $20 million. >> you're against what's going on. >> i'm totally against the recall. that's why they're called terms. >> i'm against the recall for -- or for reduction of budget deficits. >> how many of by a show of hands, let's get a wide shot, think the recall is a waste of money, raise your hands. >> okay. so most of you agree with that, but you don't. why not? >> i think you're seeing what democracy is about. people don't agree with the candidate, what they did. he didn't campaign on it. he did not say he was going to cut the school budget the way he did. >> you don't agree? >> [inaudible] >> when it comes to -- >> maryland? he said we needed to be

fiscally responsible. he's trying to put the budget back in order and that's what everybody needs to be doing in this country. >> go ahead. >> the recall basically is disenfranchising every voter in the 2010 election. a four-year term is a four-year term. >> exactly. this is why we are in the situation that we are. we are trying to make people make a decision that is outside of the bounds of what they're supposed to be doing. we elected him to do this job, and he so far, in my opinion, he's done the best job he could possibly do. >> he was elected to do a job, but he dmaim and he bulldozed the people of wisconsin. >> there's a huge issue there. >> what happened -- >> that's what they needed was to be bulldozed, get off center. >> not in that way. the people needed to have their opinions count. >> one at a time. >> we did vote. the people voted in november of 2010, and now, it's june of 2012, and we're at it again. it's ridiculous. >> we understand that there

are -- >> [inaudible] >> politically, you take advantage of it, i'm all for it. >> we understand that there are disagreements. some of those disagreements are really, really fundamental. but if you take a look at what the response was, the protests, that was an embarrassment to our state. i talked to people around the country and they look at us and we wonder what's the matter with us. >> that's the exact opposite, we were doing something that was trailblazing and amazing. >> we're here to be a part of history. >> in 1967, it was embarrassing. >> no it's walker and the legislatures for the budgets that they did, was to keep the jobs, because under the 10-year rules that the unions have installed many would have lost their jobs if not for walker. >> are you embarrassed by what happened? >> i'm not embarrassed by what happened. i think it lit a fire under people and it's people to get out and say what they want to say and getting them to work towards the middle. >> 52 percent of people in

2010 said that walker was the person to elect and we did so, 48 percent of them don't like what he's doing so they become the vocal majority. >> let me ask you as a group -- hold on. let me ask you as a group, i'll start with you, what message is tomorrow going to send? a majority of you think that walker emerges later tonight as still the governor. what message does that send to the rest of america? >> i think that's going to send a message that unions are losing their importance and their productivity in america right now. in the last 50 years -- let me finish. in the last 50 years, unions have gone down by 50 percent. this is the natural progression. they had their place once, they don't really anymore and in a private position that might be possible but in public it's not. >> go ahead. >> i think it's important that it sends a message that the middle class and the poor are -- they need to keep fighting, to fight against the big money and the dollars that scott walker brought into the state. >> the election is sending a message that continuing to spend money we don't have,

building decifits is wrong and that takes bold action. we have to make the decision now and not put it off for the next term. >> i hope our government reaches the same conclusion in washington as we have done here. stop the bad spending. get it under control right now. >> do you guys agree with that? >> yes. >> my god! we have something you all agree on! >> i have to run my home by a checkbook and the state and federal government should do the same thing. >> you agree? >> i don't know how it should be done but we have to spend -- >> everybody manages their own finances at home. the government needs to hearn how to manage the finances that we essentially pay for. >> if we don't have fiscal responsibility, we're not going to have the excess that we create that in the business is called profit that when we take a look on a national basis or from a state perspective gives us the flexibility and the latitude to take care of the poor, to address some of the nice things. if we don't take care of the

responsible things first we don't have the excess to solve it. >> that's a great way to end the segment. last question, will wisconsin emerge from this election stronger or weaker? >> stronger. >> stronger. it sounds pretty rough, megyn. but you got to have some hope that when this is done, no matter what happens, the state will emerge with a better idea of where it wants to go in the future, but make no mistake, all of america is watching right here in madison, right now. back to you. megyn: wow. interesting. frank luntz, thank you very much and thank you to his group for their candid answers. candidate barack obama attacked what he painted as excesses in the war on terror. now, a new book reveals president obama has a secret kill list of america's enemies, among other things. in three minutes, the author of "kill or capture" is here live on whether the president is very different from the candidate obama. plus, we have the

horrifying details behind a new species of tar an u la -- tarantula, they're hairy, scary and attacking towns? the details of what sounds like a science fiction movie. 

megyn: well, it takes a lot to stun washington, but this did. recent revelation that is president obama has a secret kill list of america's enemies. stunning because the former constitutional lawyer came into office railing against torture, promising to shut down gitmo, to restore civil liberties and on and on he went. here is president obama in his own words: >> i think that i tried to

create a context for what we're doing around issues like gaughan tanmo, my decision to ban enhanced interrogation techniques how we can both preserve our values, uphold our ideals, and wage an aggressive battle against organizations like al-qaeda that want to do us harm. >> where we suspended habeas corpus to the extent that we are not being true to our values, and our ideals, that sends a negative message to the world and it gives us less leverage than when we want to deal with countries that are abuseing human rights. megyn: danielle clydeman has reported extensively for newsweek and the daily beast on the opportunity for terrorists and is author of a new book "kill or capture", the war on terror and soul of the president

president -- obama presidency and joins us on fox. thank you for being here. the reason we put the clips in the introduction is because this was a central pillar of then-candidate obama's run for president, that he was going to be different than president bush, that he was going to avoid compromising what he described as our values in the name of preserving our safety, yet your book seems to suggest he pursued many of the most controversial bush-era polices when he became the president. >> yeah, well that's true. look t. wouldn't be the first time that a president campaigned in one way and then confronted reality when governing. megyn: why? why does this happen? >> these things are complicated sometimes. i think there's a variety of factors involved. there is the politics of terrorism, which constrained him. there is, you know, the evolution, the transformation that you go through when you become the commander in chief and you assume the solemn

responsibility is to protect the american people. mig start the daily intelligence briefings -- >> you start seeing things a little differently, and of course, there's also the priorities that you deal with when you're president. and in the white house, they call it triage. they wanted to deal with the economy and they made a decision, you can argue whether it of the right cities or not, but they made a decision to pursue health care reform, and there's only so much political capital that you have to expend. there are also, though, legitimate questions as to whether, you know, the president could have sort of walked and crewed -- chewed gum at the same time on these issues and his critics would say early on he flifnlg dollars and it was kind of a self-fulfilling thing and it made it harder to do the things he wanted to do. megyn: it's very interesting. you talk in the book about how one of the things president obama ran on, he wanted to close gitmo and we know gitmo hasn't closed and it became a political firestorm for him. but you talk about how in

interviewing your sources, a perverse incentive was created that favored killing or releasing suspected terrorists over capturing them, and this is according to one of his top countertism advisers that you talked to who told you, quote, anyone who says it wasn't that way is not being straight with you, so we're now in a situation where rather than capturing them and putting them down in gitmo, the decision is made we either need to kill them or release them because we don't have an adequate facility in the president's mind of where to hold them as detainees. >> in some ways, it's the unintended consequences of the polices that you pursue. the president did not want to continue bringing people to gitmo. he wanted to figure out some sort of a new detention regime, and maybe bring them to the united states, and you know, that became much more complicated than he anticipated, and so if you can't figure out that

detention riddle and you still need to protect the country against terrorists, well, it does become easier to kill them than to capture them and i have to say, for the most part, these terrorists can't be captured. you can't go into pakistan, we can't put boots on the ground there and capture terrorists. we can't. it's too dangerous or the host countries are unwilling to let americans go into somalia and drones have become a very, very useful weapon. megyn: you talk about how some of these decisions, once he got into office, when it comes to terror and so on, politics has seeped in, as is probably the case for any president we're going to have from this point forward. it's both a national security issue and to some extent, a political issue, especially in an election year. but what was your overall impression in speaking with the advisers who were close to the president or once worked for the president on how much he's motivated by politics when it comes to those decisions versus, you know, pure national security interests? >> look, i think for the most part, whether you're a

republican or a democrat, when you're in these positions, particularly the people who are in the sort of national security establishment, they're not making these decisions based on political calls. but there are always politics that are going to affect your polices in some way. so for example, a decision was made, fairly early on, that we were not going to bring a single new detainee to guantanamo. you know, why is that would have sent the message that he was not fully committed to closing guantanamo, but that created all these other problems. so for example, you know, when they did -- when they were able to catch one high profile al-qaeda guy, actually he was with the shabab in somalia, they put him on a ship for 70 days, they treated him, as far as i can tell, fairly and according to the law, but that shows you the kind of contortions you have to go through because of the political environment that they have been operating in. megyn: it also calls into

question whether he lived up to that promise president values. is that so different than putting them in gitmo, where they've got the acre soccer field? we're going to careo on with you, we're going to go to break and when we return i want to ask you about eric holder and his depression, according to you. that's after the break.

megyn: rejoining me now is daniel clydeman, author of the book "kill or capture bps president obama and his terror polices. daniel, i want to talk about you about the attorney general. we talked on this show about the confrontation you wrote about between mr. hoarld and david axelrod, and axelrod appeared to admit it on the sunday shows, because there was an argument about whether axelrod was meddling at the doj. you talk about what it's like to be attorney general eric holder and talk about his depression. what do you mean?

>> look, what i try to do in this book is sort of show the human dimension of national security decision making. these are people who are making very difficult calls on a regular basis, they're balancing politics and principles, security, liberty, and there is a lot of internal battling. eric holder made a decision that was very controversial to try khalid shaikh mohammed in federal court as opposed to in a military commission, and it wasn't just controversial around the country, it was controversial within the administration. there were a lot of people who thought it would be a real problem politically, and so -- >> megyn: they were right. >> and they turned out to be right. you know, holder stuck to his guns, but there was a real battle inside the administration. i think holder felt very much marginalize dollars, and under assault by people in the administration, including president obama's chief of staff. megyn: and it depressed him? >> well, this is the environment that he's working in. another important thing happened, which is that his mother,

who he was very close to, died, she had had a stroke and she died while they were on vacation in martha's vineyard, and the combination of all these factors, the criticism, the editorials against him, being isolated within the administration and the real ploa was the death of his mother, put him in a real depression. he was having a hard time, frankly, getting out of bed and getting the energy and will to go to work and he thought seriously about quitting. but ultimately, his good friend of the administration, vallerie jarrett, one of the president's closest friends and senior adviser, told him it would be harmful to the president politically if he left, that he would become a rallying cry for the liberal base of the party and that would damage the -- >> megyn: and we know how that worked out and you also write in the book president obama's affection for mr. holder and thousand they really are -- those two are tight, which is interesting to read. i got to go. daniel, it's an interesting book, recommend it, dan yil

heideman, the book is "kill or capture", check it out. >> thank you very much, megyn. megyn: coming up a battle of battles and bullhorns, and coming up, why are people circulating peoples' voting records?

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megyn: brand-new hour of "america live." i'm megyn kelly. as wisconsinites cast their ballots or governor we are learning of a get out the vote effort that's upsetting wisconsin voters. a mayoral lists the recent voting records of individual residents. it complains governor walker won only because there was not enough turnout and it encourages

you to knock on doors and get out the vote. chris, welcome back. there you are on the ground in wisconsin today. there is a question about whether this is fair game and what the reaction from folks on the ground is to a group that they don't say, hey, here is chris stirewalt. here is who he voted for. they don't have that information, but they do have whether or not he vote. which elections he voted in and a blank next to june 5, 2012. and they are sending it to people's neighbors. >> it has -- i can tell you it has touched off a controversy out here because there are a lot of hard feelings, emotions are very raw out here. you saw the way protesters in madison were acting yesterday when i was talking to you. there is a lot of anger here. there is anger on the right

because these folks say this is an intimidation across particular. the goal here which is something labor unions have done in the past, is to create pressure on people to go to the polls with the assumption that there will be a consequence to them if they don't do what this group wants them to do, if they don't go vote, their neighbors will know about it and they will be in trouble back on their street. megyn: people go to the polls thinking their voting information will be kept private. my neighbor is not going to know and has no right to know whether i voted in the last election. >> reporter: different states have different rules. wisconsin has one of the most secret ballots. registration, what ballot or party isn't filed. but what is available is did you vote or not. and what you can do is buy that information from the state. they paid thousands of dollars

to purchase this list so they could slice it up and target these neighborhoods to try to get these neighbors to push their neighbors to vote. it's totally legal. it's within the law. what you identified there is exactly the problem. folks here were shocked to find this out. they thought that it was a total secret. megyn: this is just one story that we are telling in the context of a bigger and important story which is whether this governor gets recalled and how it affects national politics. they also care about whether this puts wisconsin in play that it hasn't been for decades now. chris, what people are saying today online is while governor walker might retain his seat as governor, we don't know, but he might, republicans shouldn't be getting too excited because wisconsin is still leaning

toward obama in the national polls. in the polls, i should say. in the state polls. is that still the case? and by how much? >> your basically now approaching the margin offeror. don't let anybody kid you. wisconsin is in play in the fall. this state is going to be in play. i would like to offer a word of con dole don't residents of this state who have been locked in political turmoil since 2010. the protests, the mailers, you are just getting started because you have more than 20 weeks after general election to come. both parties will be all over this state. megyn: before we get to the spin tomorrow. no matter who wins, who losses. the loser is going to say it was just wisconsin. it's not an indicator of things to come. the winner will say the opposite. what do you feel is the truth

when it comes to the stakes for both parties nationally? >> it all relates to the fall. the stakes for democrats are large. if pun employee unions which are the central pillar of the democratic party, they saw their membership decline by 70% after walk you are put his legislation through. if that becomes the trend nationally. but democrats going forward have a lot to be concerned about. megyn: are you like a rock star on the ground? >>thank you, chris, we'll look forward to hearing you later. remember the first time anybody recognized me, knew it was me, it was a guy in an airport came over and said megyn, how are you

doing. i was, hey, how you doing? i had no idea who it was. i figured i had gone to college with him. he's getting closer. signs walk over to him, he's like, what are you doing, i just wanted to tell you i admire your work. oh, thank you, act like you have been there before. moving on. going to take a look at how we got here in wisconsin to this situation. the official launch. that's where the trouble politically started. you remember all the protests. the candidates along with outside groups spent $63 million on this recall. you can follow all the result from wisconsin as they come in tonight right here on fnc as well as our web site.

foxnews.com with realtime results and analysis throughout the evening. let's go live to the white house. we are told to expect some questions today about the relationship between president obama and former president bill clinton. the two appearing at a fundraiser for president obama days after mr. clinton praised the president's opponent mitt romney. ed henry is in the briefing room. we have seen a reversal by president obama to some extent. and there is a question about whether he may have got and call from the west wing or from chicago saying, hey, bill ... >> reporter: i get the sense the former president is his own man. even if the campaign wanted to quote-unquote rein him in, he

will still do his own thing. he was back on message praising president obama's stewardship of the economy. he said i know you are impatient, this takes time. he praised the auto bailouts. he also said mitt romney if he's elected with republicans on the hill, it would be clam us for this nation. but then bill clinton appeared to go off message by not being able to help himself from mentioning that he was a good steward of the federal budget at a time when president obama is facing charges that we are deeply in debt. >> i care about the long-term debt of the country a lot. remember me, i'm the only guy who gave you four surplus budgets out of the 8 i sent. >> reporter: today the congressional budget office warned that the government's interest payments are going to consume 9.5% of the economy in 2037.

warning that we have got this looming fiscal crisis. so for bill clinton to remind everyone that he was the last president to balance the budget might not have been on the white house talking points. it reminds us even when he does get on message sometimes, the white house will only use him sparingly. what he is good at is raising a lot of money. they raised $3.6 million last night. megyn: ed henry, thank you, sir. he is a very popular figure in the democratic party. given his recent comments about governor romney and bain capital. is former president clinton a blessing or a curse? we'll have a fair and balanced debate coming up. former florida governor rick scott going head-to-head with the justice department

officially addressing a request from the justice department that florida stop trying to clean up its voter rolls. does anybody remember 2000 hanging chads? florida counts. that state's attorney general joins us next on the dust-up with the d.o.j. the military vet who served in iraq, afghanistan and guantanamo bay comes back to find himself in a big fight with his would-be landlord. does she not want military vets staying in her apartments? a secret space plane in orbit for more than a year. what we now know about its mysterious mission. [ kate ] most women may not be properly absorbing

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megyn: more on the case of florida watch volunteer george zimmerman. his attorney is announcing plans to delay his request for a new bond hearing. so far no explanation for the move. zimmerman returned to jail sunday after the judge revoked his bond. prosecutors say zimmerman and his wife misled the court about his finances. the new bond hearing request has been put on hold. new campaign, new voting issues for the critical state of florida. this time pitting the obama administration against the republican governor rick scott who does not appear too keen on a new federal order to to stop cleaning up the voter roles in

florida. the governor says it's important to clean up the voter roles for free elections. but the doj says he's violating the voter rights laws. the government is stepping in to freeze the process. joining me now, florida attorney general pam bondy. welcome back. the justice department, rick scott goes down there and says there are thousands of ineligible voters on the roles. let's take care of this before the november election. why do they care? >> that's a great question, wouldn't you think despite what party we are, what ethnicity, what race, we should all want fair elections. because everything single person who votes illegally nullifies a legal vote. megyn: you are messing with

legitimate citizens in your effort to get the illegitimate voters off the rolls. you are harassing people, there is a high hispanic population. this will hurt a lot of legitimate voters. >> this is a department of state issue. but let me try to explain what the department of state does. they didn't want to do that. you don't want to start send out these letters to the wrong people. so last september they went to homeland security and said, you have these lists, you have access to the federal immigration lists. give us these lists, let's work together, so that doesn't happen. and they became obstructionists and they refused to work with the state of florida. megyn: who did. >> the federal government, homeland security. they refused to give the lists to work with the state of florida. megyn: the department of justice is saying you can't purge your

rolls because the florida primary is coming up. you are saying on the reason we are so close to that window is the doj stone walled you on the information you needed. >> they have been working towards this goal since september. this is something we should all, every american should want fair voting rights. legal -- the only people -- megyn: we see this so often. where this department of justice is concerned about disenfranchising voters but we see republican administrations saying they are concerned about voter fraud and cleaning up voter rolls. so there seems to be a conflict by party. we have seen eric holder objecting to cleaning up the voter rolls down in florida. how does this get resolved as a legal matter? >> we are going to keep fighting. we have governor rick scott. he believes in what we are

doing. the department of state. we are at a stonewall right now. megyn: that's a loss for you. >> we are stonewalled right now. my words -- the department of justice are shouldn't we all want legal people to vote and not illegal people? and that's what's happening. it shouldn't matter what party you are. megyn: you to think they accomplished their goal, whether they have the legal leg to stand on, they foresaw this, they were going to shut it down and are you stuck between now and november in terms of your goal? can you fit resolved by november? >> the department of state, they are asking home landlord security to work with them. we'll see if that's going to happen. megyn: even though you see democrats and democratic administrations like this one objecting to this type of effort saying disenfranchisement, is that totally specious or is

there something to that, some people might be disenfranchised? >> i believe you need to be accurate. you don't need to be sending all these people letters and scaring them if they are registered voters. that's what the state of florida was trying to accomplish by working with homeland security. megyn: by getting a list of people expected to be illegitimate. megyn: is florida entitled to that list? >> we absolutely should be. as southern general of the state of florida, i find it center frustrating, i think every american should find it very frustrating and troubling that they don't want to work with our state to insure that the proper people vote. megyn: we go to november, florida is a critical state, what remedy would there be if you then find out that a number of illegal i am grants have voted -- folks who are not legitimate voters have vote.

what can you you as the attorney general do then. >> i want to be careful what i say. but look at 2000. that race was way less than 1,000 votes, megyn. megyn: 500 and change. that gives nightmares for reporters like my friend bill hemmer who was down there for a long time covering that. we don't want any hanging chads. is the campaign trail big enough for two presidents? president obama and president clinton making an appearance together a weeks after president clinton was praising mitt romney's business recording a sterling. no one would tell us where this so-called space plane was going when it took off roughly a year ago now that they are days from this thing landing we are learning more about its mission. that's after this break. ose gar.

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megyn: is it just me or is it you, too. an unhappy ending for one mother and her daughter's graduation ceremony. shannon cooper says she cheered for her daughter, then the police arrested her for disorderly conduct. >> i was just like -- okay, i

can't -- you know, police, are you serious? i didn't do any more than theoers did. no one should have went to jail. megyn: the police say there was an announcement before the ceremony began. cooper says she spent several hours at the detention center before posting bond. can you believe? come on. come on. it was a graduation ceremony. okay. take your thoughts on that on twitter at megyn kelly. a super secret space plane. thank you for that, writers. super secret space plane heading for a landing.

the boeing aircraft has been circling the planet for a year. the purpose of the mission was a big mystery. but trace gallagher has been digging up details from the west coast newsroom. >> reporter: the air force is not giving us have many details. it looks like a small version of the space shuttle. it's 29 feet long. runs on solar power and orbits the planet at 1,700 miles an hour. it has been up there for 458 days and it could land at any time at any moment in the next two weeks. nobody is saying why it's been up there so long. the air force says it's testing technology. it's inexpensive to let it fly around and around and they are trying to see how long it will last. but a lot of experts are not

buying this bang for your buck theory. they believe this ship is spying on the chinese space station. moving or disabling enemy spy satellites. amateur astronomers say it's flying over iraq, iran, afghanistan, and north korea. so we posed these various theories to our experts. listen. >> if you have something in orbit it can look down and see what's going on. the question becomes what kind of technology was being used when they were looking down. that has to be totally secret for all the trite reasons. >> reporter: this could start a new space race because russia and china threatened to build a spaceship like it. it will go back up in october and this time they have no idea how long it will go. this thing could go on and on

and on and on. megyn: we'll look forward to that. thanks, trace. he's one of the biggest names in the democratic party. recent comments by former president bill clinton make something wonder if he will be a blessing or a curse on the campaign trail. a veteran who fought for your country overseas finds himself in an ugly battle over an apartment rental here in the united states. >> i won't be able to rent an apartment because i'm a combat vet. it really -- i was sort of suffering from ptsd and it reopened some issues. [ captain ] our landing time got moved back another hour.

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like new coconut and pineapple shrimp or shrimp and scallops alfredo. then finish with something sweet. all four courses just $14.99. [ reza ] it's so much food for such a good value. i'm reza, culinary manager. and i sea food differently. meg center we are all watching wisconsin. but as voters cast their ballots in today's special recall election they are getting some entertainment. a group called the solidarity singers are out in full force bringing their fiddles, guitars and political message to the people. the singers are a pro labor group that meets at the wisconsin capital every weekday to sing and rally against governor scott walker. today's turnout was bigger and louder than usual with the crowd

of 100 people. my dad used to say what's the difference between a violin player and a fiddle player in one has whiskers. he is one of the biggest names in the democratic party, but some political pundits are saying clinton on the campaign trail is a double-edged sword, he's like a st. bernard you can't control. he told supporters governor romney's economics are crazy. but that comes less than a week after mr. clinton went on national television and seemed to have a different message about governor romney. here is that. >> i don't think we ought to get into the position where we say this is bad work.

this is good work. a man who has been governor and had a sterling business career crosses the qualification threshold. megyn: bill clinton is out there, and no sooner had he made those initial remarks than came out later and said some people are taking my remarks out of context and tried to say this wasn't an endorsement of mitt romney, but it had a lot of people saying that was -- it's not that helpful to our message when we are going after bain for you to call his business record sterling. >> this is clear pundit theater and has no meaning to everyday people and won't alter the campaign dynamics. i think it's good for democrats and president obama to have bill clinton asserting his

independence. he has a record of working with the first president bush. meg are's a more credible witness as we would say in the courts but for both sides. >> what he was saying was not an endorsement of mitt romney. he was make a extra see jim recommendation to the obama campaign which i agree with. there is more rich material to go after him about his economic policies, what he would do in the future. megyn: you agree with the former president on that but the obama campaign does not agree. he's out there as a big, well-known surrogate cutting them off at the knees on a critical line of attack. >> bill clinton happens to believe what he said friday and he has said in the past. during the debt ceiling crisis in sit was president clinton who

said president obama's approach was not a good course of action during an economic june turn. the whole theory of obama economics. >> president obama has not raised taxes. >> he wants to. >> he wants to in the long run. >> the buffer the rule raises taxes immediately. >> in the out years. that's the difference. president obama negotiated the compromise that led to keeping the bush tax cuts in place. >> and they expire this year. his record on that doesn't necessarily speak for itself. megyn: your point is he advocated it and you have bill clinton saying -- this -- is this fair snow's trying to say president obama this is not the first time he undermined the

message. megyn: mitt romney has a sterling business record? >> he also called the president's attitude and approach to the deficit as complex. megyn: is he worth it? >> absolutely. bill clinton has an unparalleled ability to talk about economic policy in a way that connects with and is accessible to the middle class. >> that's why it's going to hurt obama. bill clinton was successful because he was a pragmatist who governed from the center. the polite screen of obama, and he's viewed by 45% as an extremist. 30% view romney as an extreme it. when you put him up against the most successful democratic president since fdr. he declared the year of big

government over. contrasted with obama economics makes the case to those independent people who like bill clinton and are undecided about obama. >> it's a good spin job but the facts don't hold up. bill clinton -- i agree with bill clinton's credibility. i agree with some of his wishes and references for obama economic policies that would be more like his. i think president obama has made some mistakes. but the fact that he's an honest he broker and is willing to have some independence makes him a better advocate when he condemned romney's economic policy as disastrous for america. megyn: is that what's happening here? bill clinton says when it comes to romney's qualifications they are sterling but his economic policies would be today lamb

r -- would be calamatous. he got taken out behind the woodshed. he got taken out behind the woodshed. and here is rush limbaugh on that points. >> it looks like bill clinton, ladies and gentlemen, was take to the woodshed. bill clinton taken to the cory booker memorial woodshed. for endorsing romney last week. you have got to wonder what is in this woodshed that gets so many people to change their tune so quickly. it's god to be a pretty big woodshed. all these democrats have been taken to this woodshed. in clinton's case it could be almost anything in that woodshed. >> let me give our viewers a question. which person is running or in

their record has demonstrated an ability to reform entitlements. who did as president? bill clinton did all those things. he lowered the capital gains rate that president obama is targeting squarely by wanting to raise dividend tax income and implementing the buffer the rule. the policies that were most successful under clinton are the ones governor romney is running on. >> that is totally not true, tony. it's a great effort to take what was a minor strategic difference and spent into a policy rejection. president clinton is 98% the same as barack obama. he said the paul ryan budget would be terrible for the united states. >> he hopes there is social

security reform. >> just not paul ryan's version. an independent analysis showed mitt romney's economic plan would increase the deficit. i want barack obama to do well. megyn: remember when president clinton came out to the white house press briefing and completely took over the white house press briefing? remember this? they tried to warn him. it's not like they didn't know. there is the st. bernard. >> president clinton is going to joint secret service. see you guys. coming up next the high school track star running in the state championship. we saw one of her big rivals collapse. wait until you see what she did next. it's our best story of the day. up next after the break. he fought for our country in

iraq and afghanistan. then he returned home to massachusetts and found himself in a battle with his would-be landlord. he wanted a place to live and she wanted to make a point. >> i personally hope everything that's happening right now is she is exposed. people like her are exposed. that situations like this which do occur brought to light. ♪[music pys]

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megyn: "kelly's court" is back in session. from the battlefield to a legal battle on the home front as a vet sues a boston land lady saying she refused to rent to him because of his military service. two months ago he saw a 2 bedroom apartment he thought would be a perfect fit for him. but the owner is a peace activist and refused to rent to him. she claims it had nothing to do with her refusal. but the vet, morgan tells a

different story. >> it's going to be a conflict of interest for me to move in there. she is a part of this political activist group, and she wouldn't be comfortable for me to rent there. you are not going to be able to rent an apartment because i'm a combat vet? it really -- i was sort of suffering from ptsd and it reopened some issues. megyn: joining me now, joey jackson, former defense attorney, charge. isn't this landlord charming? anna, let me start with you. does she have the right under the law in massachusetts to deny a rental based on someone's veteran's status? >> no. massachusetts has a tough fair housing law that specifically

states veterans are a protected class and forget whether she rejected him. you can't even discourage them from renting based on that status. she left a voicemail that basically said that. she talked about how uncomfortable it would be and how it would be better to look elsewhere. the only one thing that we'll have to know is how many units does this place have. under massachusetts law you have to have three or more units which i'm guessing this has or i am guessing they wouldn't have brought this suit. megyn: what is her defense. if the law is clear and she have a voicemail that "boston herald" got to listen to. she said it won't be comfortable for us. it would probably be better to look for a place that's less

politically controversial. >> we have to honor and support our veterans, they perform such a function -- but this is about more than just a person who is a veteran. it's about other things she may or may not have said. there were a number of other criteria that she evaluated. there were 30 applicants she had to choose from. she expressed concerns as to his ability to pay. there was an issue whether he had problems with his former landlord. there were questions in whether in a noise complaint against his neighbors he may have used remarks against a racial group she felt to be inappropriate. the fair housing law exists. but it does not give a preference to any one group. it says you cannot discriminate on that basis. megyn: if she denied him the rental because she didn't like his experience with the prior

landlord, she thought there was a racial incident and he served our country in iraq and afghanistan has she violated the law? >> yes, because that cannot be a factor. >> all of what joey is talking about is too little too late. what she left on the voicemail was about his veteran status and how that differed from her political views and that's why she is going to be in the trouble. it's going to hit her in the pocketbook. you can't use anything -- any discriminatory practice as one of your factors. megyn: just for a look into her mindset she writes she is part of the civil rights group called garden of enlightenment. she writes why would someone like joe morgan want to even choose to subject himself to renting an apartment from people like myself who are so vigorously seek an end to the

iraq war? >> she expressed thing that shouldn't have been expressed' but let's be clear about another thing in was no application before her. these were things she did but he never presented the application. so i would have concerns as to whether this is right for a lawsuit. >> it doesn't matter under massachusetts law. the word they use is discouraging. if you discourage someone from renting that's enough. to leave a voicemail and make it clear the reason they should look else writes based on their military -- megyn: that's a good point. he got the voicemail. i wasn't going to submit it to you after that. the statute says he can get punitive damages. how much could she be looking to pay? >> hundreds of thousands if not more. people love our veterans and support our veterans.

if people find this is the basis upon which she discriminated it would be a lot of money. megyn: if she is found liable. it's the moment of the day when a high school runner seeing someone falter. [ male announcer ] at scottrade, you won't just find us online, you'll also find us in person, with dedicated support teams at over 500 branches nationwide. so when you call or visit, you can ask for a name you know. because personal service starts with a real person. [ rodger ] at scottrade, seven dollar trades are just the start. our support teams are nearby, ready to help. it's no wonder so many investors are saying... [ all ] i'm with scottrade.

megyn: a high school runner getting well-deserved recognition after the ohio state championship. it has not so much to do with the big win but her big heart. she gave up big finish to help a runner who collapsed. >> reporter: finishing dead last never felt so good for megyn vogel. she won the 1,600 meter race and

was running in the 3,200 race. she noticed one of her fellow runners collapsed because of leg cramps. she picked her up and carried her across the finish line. she made sure she finished ahead of her. she is carrying her. the other girl can barely walk. then she makes sure the girl crosses in front of her. listen to both girls. >> i was pretty amazed. it was amazing. i didn't expect that at all. most people would have just run by. >> i think everybody should do that for somebody. a nice gesture to do.

i didn't think it would turn out to be this huge thing and we would end up on national tv together. >> reporter: this thing has gone crueler. look at this picture. what a great shot this is. you are suppose to be automatically disqualified if you help another runner cross the finish line. they were not disqualified. arden finished 14th, megyn finished 15th. megyn won the previous race, so she was a winner. as they got near the finish line the crowd went crazy. megyn: makes you so proud of her. i can't imagine what her parents felt. she learned every lesson there is to learn in life before she even hits majority. good for her. how about thoughts on that. at megyn kelly. we'll be right back. as a culinary manager i make sure our guests

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>>megyn: let's watch it again. (applause) >>shepard: thank you, megyn. the news begins anew. on "studio b" today, the supreme court argument over california's gay marriage ban could now be just months away. and the latest national poll show most americans do indeed support same sex marriage. a live report just ahead. and united states officials confirm they droned al qaeda's number two terrorist. he was living in pakistan. and our allies, pakistan, is not pleased about the droning experiment. details coming up. buckle up your pet. or pay the price? moment of righteous indignation coming unless breaking news changes everything. this is "studio