meeting and we had a chance to travel to philadelphia, and i went to independence hall, as a kid, we grew nup a small town where i loved to study history but my parents, we didn't have a lot of money so we didn't get the chance to go to places like philadelphia or washington so me it of the first trip to independence hall and to me i was so touched, i stood in there and i looked at those desks and looked in those chairs and even though as a kid growing up i thought of our founders as superheros, as bigger than life, standing in that hall, it dawned on me that these were ordinary people, ordinary people that did something quite extraordinary. they didn't just risk their political careers, they didn't just risk their business, they literally risked their lives for the freedom we hold so dear today and the men and women in uniform in this country defend us every single day. moments like that remind me

why america and why wisconsin are so great. you see, what has made our country unbelievable, what has made the united states of america exceptional, what has made the united states arguably one of the greatest countries in the history of the world, is that in times of crisis, be they economic or fiscal, be they military or spiritual, in times of crisis, what has made america amazing has been the fact that throughout our history, throughout the more than 200 years over our history, there have been men and women of courage who stood up and decided it was more important to look out for the future of their children and their grandchildren than their own political futures. >> [applause] >> and what has sustained them, what has sustained them here in wisconsin, across our country, has been

when there have been leaders of courage, what has sustained them is they were good and decent people who stood with them, shoulder to shoulder, and arm to arm. that's what you have done for wisconsin. and for america. >> [applause] >> tonight, we tell wisconsin, we tell our country, and we tell people all across the globe that voters really do want leaders who stand up and make the tough decisions. >> [applause] >> megyn: christ stierwalt is our fox news digital politics editor and host of power play on foxnews.com. chris, welcome back. does the governor have it right, that that is what this election means, that you can put someone in office who will make tough

decisions and it might not work out too badly for your party? >> well, certainly, megyn, that's his dish, that's what he's talking about, that's what he's talking about here today. this is an industry in oak creek, wisconsin, right outside of milwaukee and he came here today and basically stayed on the campaign trail and went out with this message, which is what we did was tough, as it related to dealing with these government worker unions and the pay for government employees, but it was necessary, it's been vindicated, and now he's trying to turn this into essentially a mandate for his polices going forward. megyn: how did he get to this point where he won by such a healthy margin, winning by more than he won when he ran for governor in 2010 in the face of all the protests chris and the outcry, the extreme outcry from the unions in the state of wisconsin and from the unions and democrats nationwide who came in to try to oust this guy. how did he wind up winning? >> well, number one, he had

help of his own. he had conservative groups, individuals from across the country raised a ton of money. but money is not enough. it doesn't do the thing if you got the money. what he did was he stayed relentlessly on message, he talked about this, he made it a real choice election, he said do you want to keep what we did or do you want to go back and have a doover and the electorate in wisconsin by a pretty large margin, by a large margin, said no, let's do it and the sroeuzs -- the voices we heard for 18 minutes -- months throughout this state were not enough to sort of talk over the quieter voters who till turned out on election day. megyn: when all is said and done, 52 percent said they did favor his push to limit the bargaining and said they approved of the collective bargaining. that was important to him, crist, but you talked a bit

this morning about a silent majority that wound up having a say in yesterday's election. what did you mean by that? >> well, here's what exit polls are. exit polls are polls, they are good polls because we know that everybody who is participating in them, talking to folks outside their polling places, we know that they're voters, they're. the fox news exit poll that you're talking about there showed us a much closer race than we saw. so what what do we attribute that? to what do we attribute that is in exit polling there's a skew for democrats. democrats, for whatever reasons you think it may be, are more willing to talk to exit pollsters and participate. that's a historical skew that we're used to. we figure it in when we're looking at making decisions. what you see in this case, though, there were a lot of votees, silent majority voters, that's a term richard nixon used in the 1960s and early '70s talking about the people who didn't make a lot of noise in

public but still would go on election day and make their voice heard and that's definitely what we saw here. megyn: we're showing now on the board, we're showing that lockerbieo walker beat barrett by a 19 percentage point victory when it came to male voters, chris, and did something similar when it comes to working class voters. 61 percent-38 percent when it comes to working class white voters in wisconsin in walker's favor. >> well, and what do you want to bet that it's no coincidence that governor walker was here at a steel fabrication plant, out here in sort of a blue collar, suburban area outside of milwaukee? these are probably the very kinds of votees, male voters, white voters, working class voters who delivered this victory for him. these are the kind of guys that -- and it could be anybody. we can't know this scientifically, but my gut, my hunch tells me that based on past performances it was

these kinds of voters that were the ones who may not have want to participate in an exit poll and maybe that hurts the printiveness of the exit poll, but they were the ones who were willing to go in and vote for scott walker and deliver this big win for him. megyn: chris stierwalt, thank you sir, thank you very much. >> you bet. you bet. megyn: there's no doubt, big labor has a huge stake in this election but in recent years, union membership in wisconsin has declined. from two on on nine to 2011 the state's unionship rate dropped nearly 2 percent from 15.2 to 13.3. over the past two decades, the wisconsin union membership rate has fallen nearly 21 percent. we called together our focus group today to get their take on the message from last night's vote, both in wisconsin and nationally, and here's a preview of what they told me just moments ago. >> i don't think it should go unnoticed that scott walker received more votes in the primary to this recall than his two top democratic components did

combined. the motivation was really on that the side of the taxpayers and for the first name a long time and many who have worked in politics understand this dynamic, unions were trumped by the taxpayer. we've never seen this happen. megyn: much much more on that in our next hour. in less than ten minutes we will ask two experienced union voices what they think this election means and what is next for big labor. fox news alert now on an angry response from the white house after aby partisan group of senators starts suggesting that the white house is leaking classified secrets to the media for political purposes republican senator john mccain, earning a scathing response from the white house press secretary jay carney, after he started calling for a special investigator to look into the leaks. doug mckelway has more live in washington. doug. >> reporter: that's right, megyn. in addition to that fox news has confirmed the fbi is opening an investigation into who leaked informs about a classified u.s. cyber attack program aimed at iran's nuclear

facilities. that investigation comes as senator mccain spoke on the senate floor last night about the need for a special prosecutor and a senate investigation into several recent leaks of classified material. including information about the sophisticated computer viruses that have hampered iran's nuclear fuel development. and the leak of a so-called kill list of terrorists or targets that president obama has hand-picked for drone strikes. senator mccain last night intimated that the administration and administration officials leaked this informs. here's mccain. >> there's an disturbing stream of articles in the media, and common among them is that the site leaked classified or highly sensitive information in what appears to be a broader administration effort to paint a portrait of the president of the united states as a strong leader on national security issues. >> reporter: mccain's call for an investigation hasby

partisan support, including from the chairman of the senate armed services committee, carl levin and chairman of the senate intelligence committee, dianne feinstein, who said in a statement, quote, today i sent a classified letter to the president outlining my deep concerns about the release of this information. i made it clear that disclosures of this type endanger american lives and undermine america's national security. feinstein does not agree that the administration is leaking this information for political gain. asked about that aboard air force one, white house spokesman jay carney said according to the associated press it is grossly irresponsible to suggest the administration would leak classified information for political gain. megyn. megyn: doug mckleway, thank you very much. we are hearing suggestions that wisconsin and its vote last night was a big hit for organized labor. in a contest where national union leaders not only showed up but spent big money to get out the vote. two experienced union voices join us with their

perspective after the break. >> a new study claims many of the vaccines your children get are not doing what they supposed to but how accurate is that report? we'll investigate. >> as president obama's number one surrogateo has president obama's number one surrogate going rogue again? some suggest that bill clinton's later message is helping governor romney more than the president. we'll debate, you'll decide, coming up. the medicare debate continues in washington...

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megyn: that was just a taste of the firey protests we saw at wisconsin state capitol

in the six months effort to drive scott walker out of office in the wake of his effort to crack down on unions and collective bargaining to fix the state budget gap but despite the efforts to launch a recall, organized failed in its efforts to oust a man who was perhaps number one on their political enemies list. now the big question is what is next for big labor in america. joining me now, khurbg rocha, former political director for the united steelworkers and mike greene, president of uaw local 62. i'm so happy to have you both here with me. chuck, let me start with you. this is from a politico writeup saying one could easily argue the biggest loser was unions, it goes on to write they started with an enthusiasm so strong it prompted democratic legislators to take refuge in illinois, teachers to turn the cap fal into a scene from the 1960s to a 19 -- to a 1960s war protest and voters to rebel,

unions seemed roaring back to life, they ended defeated and badly so, saying they've lost the political and public relations wars. what say you? >> i think the story last night out of wisconsin is that the cause of the -- because of the ground effort, we were even able to keep it close, being outspent 8-1. anyone who runs campaigns for a living knows if you outspend 8-1, it's tough to overcome that, but in the wake of this money that was spent, the take on the unions and take on the workers, we still won back the state senate, even though we were outspent 8-1. mike miklaszewski mike do you see it the same stphao. >> i do. unions are going to keep going on. they've an large part of what's made this country great and we're going to keep going. megyn: but they've taken a real hit in terms of membership of the according to our brain room, unions have lost at least 40,000 in membership in the last 15 month necessary wisconsin in the wake of governor walker's measures and the suggestion is while you wanted to, you meaning

unions, recall governor walker, what you really wanted was to stopple polices he was putting in place. that's not going to happen, chuck. >> what happens is you lose union membership because of these polices. the union's job is to stand up for its workers. it's the corporate's policy to make sure they make money. what the corporations were doing last night were trying to protect their interests and what the unions were doing were trying to protect workers. we cannot take on corporate america and their spending and they spent outside money, bringing in all of this money. we did have boots on the ground and we put in a valiant effort and during that valiant effort we took back the state senate to send a signal if you continue to bully us, sometimes the bully has to be popped in the nose to make sure he knows we're not going to go away. megyn: on so you see it, and mike, do you see it the same, you think that republicans are going to feel they need to step back from the measures governor walker took because of what happened in the senate? >> i don't think they're going to step back but neither are we. we're going to keep on doing what we do. we represent people. if you want to pump that

kind of money into my state, we'll make jobs out of it and that's what it's all about. you talk about the decline, the reason you have a decline is because of a loss of jobs, whether they're tied to the union or not. it's job loss. there's a bush tax breaks and everything, supposedly trading all these jobs, that's why they get a tax break. i haven't seen that, in the eight years under him or three years under president obama. it's time to change something, give some jobs. megyn: the republicans outspent the unions than the democrats but the unions according to our information, they spent over $20 million on this race, so it wasn't like the unions weren't invested in this, chuck. i want to ask you, because you're talking about corporations, sort of corporate money and corporations coming down on the wisconsin people but the exit polls show that 52 percent of the voters, 52 approved of the law limiting the ability to collectively bargain when it comes to paying benefits and 52 percent also approved of governor walker's handling of the collective bargaining issue. so it wasn't just big

corporations. it was wisconsin folks. >> but when you -- sit in your living room and see eight commercials to one, after a while that gets to drain on you. you said in your programming, only 13 percent of wisconsin workers actually have collective bargaining. so there was a large educational round that we had to do to workers to let them know that people deserve a voice at work and peep deserve to have representation. i think that's what this is really about about. if it would have been a player election, even playing field, nobody bringing in all these dollars i think the american people would have had a voice to be heard. megyn: mike do you think it was unfair? the unions, according to mckaoeufr institute, poured in $21 million to this race. they had their fair shot, they didn't persuade the voters. >> we were outspent and you have this money coming in, it's not more of a state election, it's more of a nation election where everybody had their fingers in it, that's when you have -- that's what you have when you have big corporations. they're going to stick up for what they want to do.

you say collective ambassador governing, everyone gets scared, they think money. we want jobs. bring us jobs is what we want. megyn: governor walker has managed to shrink the budget decifit from $3.6 billion to $143 million. it's a considerable difference, and they believe that that is in part why the wisconsin voters got behind him last night. do you discount that entirely? >> what i do is look at all the figures. that's that figure. i can give you ten others that show it the other way. you know, what was given up for that, how many jobs were lost to that? megyn: guys, thank you very much for a good discussion, i appreciate both of you being here. all the best. >> thank you megyn. megyn: it's being called the bombshell in the fast & furious investigation, attorney general eric holder testified before congress that he and other top doj officials did not know about the botched gun running tack tigs in the fast & furious scandal when he approved wire taps. he said he didn't know the specifics of the operation. now temperature congressional investigators say that was a lie.

we'll examine. and after staying under the radar for a while, john maher is lashing out at taylor swift! find out why, next. >> ♪ >> ♪ >> ♪ megyn: well, this was a

stunning new study today raising questions about a government program providing vaccines to low income children. federal investigators now say a big majority of providers are not storing the vaccines properly, potentially placing children at risk for contracting and spreading dangerous diseases trace gallagher, live with more in our west coast newsroom. trace. >> reporter: and megyn it's all part of the government's vaccine for children program and the way it works is medicare and medicaid pay for the vaccines, then the cdc, centers for disease control,

distributes them to 44,000 different doctors' offices and clinics around the country. now, health and human services sent inspectors, they gave them two weeks' notice, sent them to 45 vaccine providers in five different states. look at these numbers. of the 45, 76 percent of them stored the vaccines at temperatures that were either too hot or too cold, making them less effective, maybe ineffective. 29 percent stored the current vaccines with expired vaccines and not a single provider monitored vaccines up to the government standards. look, the cdc acknowledges there is a breakdown in the system but they sentas statement saying and i'm quoting here, parents need to know that they do not have to get their child revaccinated. the most important thing they need to do is to make sure their child's vaccines are up to date. the belief is the vaccines won't make your kid sick, even if they're ineffective, they just won't give them as much protection. dr. manny is not buying that

argument. listen: >> any time you give a vaccine and it becomes ineffective you're basically putting that child in danger because you're assuming now -- i mean, the doctor, the family, everybody is assuming that that child is protected. >> reporter: we should note that the cdc is now investigating a whooping cough outbreak in washington state. by the way, aside from the health concern it's a financial jolt. the u.s. government spends $3.6 billion a year on these free vaccinations and if 76 percent are many ineffective that's $2.6 billion down the drain. megyn: unbe able. thank you trace. >> reporter: okay. megyn: new concerns now after the president's number one surrogate appears to go rogue for the third time in days! up next, a look at president clinton's latest campaign trail controversy, and whether governor mitt romney could be the one benefiting most from mr. clinton's efforts. and they're fierce, hairy, and anything but it'sy bitsy!

a deadly and aggressive species of spider could be coming to a forest near you! the disturbing details right after this break.

megyn: fox news alert, on a fivey exchange moments ago on capitol hill. the house oversight committee chairman darrell issa tries to get to the bottom of just how the labor department is classifying its so-called green jobs. watch: >> if you're sweeping the floor in a solar panel production facility, is that a green job? >> if you ask me for the number of health care jobs in the united states, i'll give you the employment from the health care industry. that's -- >> look, i'mo galvin, you did not want to come here as a witness, you were not a delighted witness so let's go through this. i asked you a question, you know the answer. would you please answer it. if you sweep the floor in a solar panel facility, is that a green job? >> yes. >> thank you. if you drive a hybrid bus, public transportation, is that a green job? >> according to our definition, yes. >> thank you. what if you're a college professor, teaching classes about environmental studies? >> yes. >> what about just any

school bus driver? >> yes. >> what about the guy who puts gas in the school bus? >> yes. >> how about employees at a bicycle shop? >> i guess i'm not sure about that. >> the answer is yes, according to your definition. megyn: what about if you just like the color green? yes. no! john galvin was not delighted at the beginning, at the end or in the milled. he was the man on the hot seat, he works for the bureau of labor statistics, that comes among hearings on how the labor department releases key information on how the economy and how they are counting these jobs numbers. this of course coming in the wake of the labor department revising two-month necessary a row downward the number of new jobs created per month. remember, for april, we were told they created 115,000 new jobs, then -- then they downward revised that to 69,000 so on. we'll have more on this coming up.

loose canyon -- canon. he's a double agent. what's the message? bill clinton says elect obama because at the end of the second term you might begin to be getting out of a recession? i wouldn't run on that. megyn: well that was syndicated columnist and fox news contributor charles krauthammer suggesting former president bill clinton is double agent who is actually helping governor romney as he's going out there as an obama surrogate and that follows a series of what some believe are puzzling moments when it comes to president clinton for his advocacy for president obama. he not only has praised governor romney but yesterday he said all tax cuts should be temporarily renewed. that's in contrast with the''s views. here's are some more of the recent pronouncements. >> i personally don't believe we ought to be raising taxes or cutting

spending, either one, until we get this economy off the ground. >> there's no question that in terms of getting up and going to the office and you know, basically performing the essential functions of the office, a man who's been governor and had a sterling business career crosses the quality fiction threshold. >> i care about the long term debt of the country a lot. remember me i'm the only guy that gave you four surplus budgets out of the eight i set. iii sent. megyn: joining me now to discuss t. monica crowley, radio talk show host and fox news crib to and tara dundown. >> it's one of those things, it's almost like a biden character where you got to love him, he's our former president but you know, the democrats can't be happy about this, monica. you've been a long student of the clintons. >> yes. yes. well, the truth about the big dog is that the big dog is never far behind the

current president, which i'm sure president obama just loves. look, this guy is passive aggressive and now he's actually starting to double down on the aggressive part. there are a lot of reasons why bill clinton has this rivalry with pwrarbg obama. during the 2008 campaign, obama essentially took bill clinton's 1992 campaign routine, man from hope, hope and change, generational change from a bush and took it for himself and actually probably did it better in 2008 than clinton did it in '92 but there's a bigger reason, i think a more profound reason, why bill clinton does not want to see barack obama reelected. that's because bill clinton has been the only president since the end of world war ii, since franklin roosevelt, to win a second term. and he wants that historical distinction for himself. he does not want to share it. he's the only democrat to get reelect to a second term. he doesn't want to share that distinction with brak

obama or anybody else. megyn: she is cynical! can it that bad? >> i don't agree with that portion of monica's argument about bill clinton. but i do think, obviously, the president has met with his fair share of controversy on the campaign trail, he's met with it for his own wife, hillary clinton, but i think overall he is a net positive for the democrats. megyn: you were very torn watching that because i assume you like both president clinton and president about him. do you wish president clinton would stop doing that? >> obviously when president clinton says things that create controversy nobody is happy on the democratic side but at the same time he's a net positive for the president. the bottom line is what he said was when he complimented mitt romney, he said he crossed the threshold for being qualified, he didn't say he preferred him over president obama. >> this record thing was under-- undercut president obama's maybe argument against governor romney. >> i see it differently. mitt romney has argued that his track record at bain, which remember what mitt mitt

romney's job was, his job was to make rich people richer and he did it very well, i compliment him on that, too. mitt romney did a great job making rich people richer but for president of the united states you need to be concerned about poor people and middle class people and middle -- many middle class people are now poor. >> megyn: do you think he was talking about that? >> bill clinton is about bill clinton. megyn: like that sound bite, remember me. >> that's exactly why he's a hinderance to barack obama, because the distinction, the comparison between bill clinton and obama makes clinton look better. clinton presided over a booming economy, once he got a republican congress in '94 that restrained his worst spending instincts, he had the multiple years of budget surpluses every year, so the comparison between clinton and obama now is quite striking, and actually, clinton looks like the more iconic and popular figure. megyn: might that have the effect you're talking about which is maybe they like

clinton more than obama and maybe they think i'm going with that team, i just like that team, i like team democrat, bill clinton is democrat, i'm going with team democrat. >> i think bill clinton ultimately helps president obama. at the end of the day he goes out there, he rallies democrats, he rallies the base and that's what the president needs. the president inherited a much bigger mess than bill clinton inherited when he took office. he was a good steward of the economy when he took office but he had nowhere near the trouble that president obama has. i mean, we're looking at post apocalyptic world now, half of the years were in near depression and the united states, guess what, we're not in recession while half of europe is in a near depression. >> that's a good economic -- clint kwropbt said remember me. remember this is a guy who chooses words very carefully. he said remember me. i'm the guy who gave you a couple of years of annual budget surpluses. what's implicit in that, when barack obama talks about oh, the mess that i inherited, what's implicit in clinton's comment is that

should mitt romney get elected, he is going to inherit one hell of a mess from barack obama. and i really think that he is invested, even though most of the time he says the right things about obama and the democrats and being a good soldier, when he went to wisconsin in the last week to campaign for the democrat tom barrett he actually only attracted about 1000 people. so maybe even the draw for bill clinton to help president obama might be hurting his legacy. >> thank you both so much. >> always a pleasure. >> taking your thoughts, follow me on twitter, megyn kelly. >> there was a big story in california, a first of its kind vote to cut pensions for public unions in two cities. michael reagan says this is a big message for the rest of the country. he will be here to explain why. plus, a bombshell in the investigation into the gun

walking operation known as fast & furious. we will break down the new evidence that has the chairman of the house oversight committee suggesting the attorney general has flat out lied to the u.s. congress. >> plenty of shaoepl who work and continue to work for eric holder and are not being held accountable knew they were gun walking and knew they were continuing to gun-walk. as a culinary manager i make sure our guests

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documents. when you need a -- when you want to do a wire tap, you have to get approval from the doj. they did that in operation fast & furious and congress has been trying to figure out who signed on that at doj which claims they didn't know big about fast & furious and what do the wire taps say, because if they say a lot of stuff about the bad aspects of fast & furious, it would undermine doj's claim they didn't know anything about fast & furious or how controversial it was. here's attorney general eric holder last year: >> i would be surprised if the tactics themselves, about gun walking, were actually contained in those applications. i've not seen them, but i would be surprised if that were the case. megyn: now chairman issa says the applicables for the wire taps do have the specific details and he believes that they've been misled by the doj. joining me now to discuss t. david rifkin, constitutional law attorney, former counsel under presidents george w.

bush and former house of representative senate judiciary committee chair, thank you for being here. so issa claims he's got the goods he's been looking for to prove that doj did know about the controversial aspects of fast & furious and he believes that testimony by mr. holder was not truthful when he suggested the wire tap applications, they didn't have the juicy details, if you will. david, if that is true, where does this investigation stand? >> well, we're moving towards unfortunately the possibility of contempt for both mr. holder and our senior doj officials, but we're also talking, megyn, about a fairly poisoned relationship between the justice department and particularly a very important core of the justice department which is the criminal division and congress, and that's very bad. it's just inexcuseable, because look, we can debate the merits of fast & furious, we can debate the

merits of its execution, but one thing we should not debate in this day and age, that you are to be candid with congress, you have to be forthcoming and even if mr. holder did not know about those things, before testifying he should have made it his business to learn, and the notion that this you -- that you have these wire tap applications that were presented to senior doj officials, even in a summary, and i used to see those things, the summary is supposed to retpregto reflect what's an actual application, the fact that holder testified they didn't know anything is not credible. it's gentlemen unfort fortunate. megyn: that's the democratic ranking member of issa's committee have said look, hold and the other guys got summaries for the wire tap, they didn't get the actual applicables so they didn't know as muff as issa is suggesting. correct john? >> that's correct. but i frankly have a lot of trouble with that. i can't imagine the summary didn't say we have cartel drug dealers who are getting guns and deliveries and need

wire tap toss keep track of them. i do find it incredible that -- believe believe -- believeable to know the attorney general didn't know at the time, but find it hard to find out when congress checked it. megyn: and trying to find out what top deputies had found out before they signed off on the wire taps. >> absolutely. i don't know that the attorney general or his assistant attorney general knew about it at the time and this is the problem when you have politicians looking for headlines instead of investigators looking for facts. we're getting ahead of t it doesn't mean we won't get where apparently the chairman wants to get and i'd be surprised if we do get to that police, meaning he wants to get the attorney general, but i think it's a terribly serious thing when we're releasing guns and uncontrolled deliveries to drug dealers and that's a stain on the atf which you would think three strikes and it's out, wakey, ruby ridge, and this. how many times do we have to look at messed up investigations in disastrous

waze and not just dismantle them like we did the dmv many years ago. megyn: and now issa is looking into the doj and why they didn't stop it. i just want to talk about the deputy, lanny brewer is now basically the number two guy over there, and this is what mr. holder testified to in terms of what lanny brewer saw before he signed off on these wire tap applications. listen: >> i think first off there's no indication that mr. brewer or my former deputy were aware of the fact ticks that were employed in this matter until everybody i think became aware of them, which is like january, february, of last year. the information -- i'm not at all -- i'm not at this point aware -- any of the tactics were contained in the wire tap applications. megyn: then issa says the wire tap applications which doj refused to provide issa show immense details about

investigative tactics and he believes he's been directly misled and how does doj defend itself? is it going to say we just saw summary? >> first of all i agree, summaries ought to be retprebgt dollars in the actual applicables. consider what would have happened in the national security con flex -- context, post 9/11, if a senior doj official says we approved a bunch of things but the summaries were so generic in the context of our wire taps, that they don't tell us anything. it would have an human crime. but i don't know what's worse, the original execution, sloppy execution of the program, or the fact that we have a justice department that had an adversarial relationship with congress from day one, has zero credibility and one, it's a criminal division, we're talking about the most important aspects of the power that the department is carrying out. i am truly stunned at the self-inflicted wound. it should be done inby partisan fashion. i'm sorry that ranking

member crumings is trying to defend the attorney general in this way. megyn: i want to carry this over because this is important. i want to talk to you about whether this seems won is going to get fired, maybe lanny brewer, maybe somebody else. we'll do that right after the break. >> thank you. i've always looked up to my brother. he doesn't look like a heart attack patient. i was teaching a martial arts class and it hit me. we get to the emergency room... and then...and then they just wheeled him away. i had to come to that realization that "wow, i am having a heart attack." i can't punch this away. i'm on a bayer aspirin regimen.

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mig david rivkin and john flankery rejoin me now. the letter to issa wrote to mr. holder says you have consistently told us that inappropriate tack tackis used in fast & furious were not authorized by department leadership. he says we now know that statement is false. each and every wire tap application included a memo from lanny brewer and he says the close involvement of these officials much greater than previously known is shocking. john, does lanny brewer get fired as a result of this?

>> i don't know. the question is, did lanny brewer sign off on subordinates assuring him of something without him knowing about it. i think it's a very different question if he knew in detail what was going on. find it difficult to believe that anybody can review the sufficiency of a wire tap application based on a summary, since the summary may distort what's said in the application and may exceed it or understate it in a way that's critical. megyn: how do you get to the bottom of that, john? how do you get to the bottom of what lanny brewer really knew? because they hedge when they go before coming conditioned -- congress and there's only so much congress has over doj officials. >> it's the way they ask questions in -- questions in congress. they make statements. they have to do it the way i've done it in the past, you conduct depositions and make them depositions and you don't make them show trials and you get an independent counsel. the other thing is you seek to unsale the documents so we can all see what it is so the public has an opportunity to tk-r and if you have to you redact it.

hopefully not everything but you redact it. megyn: do you think brewer should go or somebody else because the reason issa knows this is because he got the wire tap investigations from other means, and the d opt j -- doj has refused to turn this over. >> very troubling. i hate the notion of a special counsel but it's inevitable. but i like the idea about a deposition. it's absolutely right, you sit lanny brewer, maybe attorney general holder and say let's look at the wire taps, look at what efforts have you engaged in to acquaint yourself in preparation for your testimony, show what e-mails you sent to your sub ord that thes. megyn: before you -- subordinates. megyn: before you go to congress you're suppose to know your facts. thank you, guys. there's a dramatic vote in california, two cities voting by a wide margin of cut pensions of workers currently on the payroll.

michael raysan says this is big for the 2012 elections. here's here. >> our focus group is here to weigh in on wisconsin. stay with us. >> every governor in the united states, whether republican or democrat, faces exactly the same problem.

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visit a local office, or go to libertymutual.com today. liberty mutual insurance. responsibility. what's your policy? megyn: a fox news alert on the big vote in wisconsin. welcome to "america live." i'm megyn kelly. governor walker, a republican fending off an attack by the labor unions. the president's campaign disagrees that it will echo beyond wisconsin. and it's make its point in a decided way. the majority of wisconsin voters weighed in and wound upkeeping their existing republican governor.

joining me is the chairman of the republican national committee. i want to ask you about the message we are getting from unions. we had two union guys on last hour. they said they were outspent 8-1. they said they wound up retake the state senate so they did leave a powerful message with the wisconsin electorate and they believe with you, with republicans as well. >> well, first of all, i don't know if they were outspent because i don't know how much these big unions put into the message. but or ground effort crushed the democratic machine. they were touting saying this would be a test caves our ground games in wisconsin and we outperformed them also about 4-1

on voter to voter contact. so our ground effort did a great job. so i think in all categories we did better than the democrats. this was a fight they brought on themselves. we wouldn't be talking about this if the big unions didn't in the first place hire a bunch of people to go door to door to get a bunch of petition recall. we have won numerous times now in wisconsin, on the ground, and i don't have any reason not to believe that we would win again in november. megyn: what about this as a potential reason. the voters of wisconsin still said they prefer president obama to mitt romney by a 7-point margin and when it came to who would do a better job handling the economy they went with president obama by a 9-point margin. >> those are the same polls that came out and said sit would be a

nail biter and potential lay recount. scott walker walked away with it. but let's assume that poll is correct. what you can't poll today is how people are going to feel in two months. in wisconsin, i'm from there, i spent a lot of time there, i talked to both republicans and some democrats. these democratic activists are very angry with this president and the democratic party for not supporting them. he was in chicago over the weekend. he was in minneapolis friday. it's arrogant to come into a state two months from now when your own base on the democratic side were fighting for their lives to show america wisconsin wasn't a red state. this president what is thrnt for them. for him to come back and say remember me? you have got to get back to work and hit those doors for barack

obama. megyn: if they are so angry at president obama why are they favoring him by 7 points? >> i think it takes some time. i think you will have a circular firing squad and our candidate is just getting started. you don't think all the polling as it exists days the way things are going to be in november. if that's the case we might as well have the election tomorrow. megyn: do you see momentum on the gop side? he -- the president won the state in '08 by 14 points. >> those same polls said walker and birth would be virtually -- and barrett were virtually tied and they, the. if you can disproportionately

turn out your side of the aisle is makes for a much better number as opposed to just looking at the polls. megyn: your cohort over at the dnc, said this will be a dry run for the 2012 election. and talk about the significant stakes going into this election prior to yesterday. do you think she was right? >> i think she was right. the next day i was on a conference call with a bunch of reportsers and said great, let's see what the democratic machine can do in this dry run. we'll take you on. we expect the same result in november. i'm not saying it won't take hard work, it will. but we have proven over the last two years that the republicans in wisconsin can win if we work hard and put our head down. i think liberty and freedom not just in wisconsin, but taking that message across america, i

think it's a winning formula. megyn: it has been a long time since a republican won the state of wisconsin. michael reagan will be up next. it was his dad who did it last. there have been two other governors recalled in u.s. history. scott walker is the only one to survive. north dakota governor lynn fraser was the first to be removed. 2003 in california, governor gray davis was recalled and that paved the way for arnold schwarzenegger and this administration. new questions about the way the department of labor releases key information to the public when it comes to the economy and jobs. the controversy centers around the department's monthly jobs report. now the house committee on oversight and government reform fist questioning top agency

officials about changes on the way data is distributed to the media. are they messing with the numbers? is that the suggestion by some republicans? critics say it's raising serious concerns. mike emanuel has the latest from capitol hill. >> reporter: when the department of labor told news organizations they would have to start using government computers and government phone lines to file their stories on the jobs data reports, the tradition has been these organization would go in with their own computers, own phones, work on the stories. when the department of labor would say the embargo had been lifted they would file the stories. the committee democrats are sympathetic with the department of labor while the chairman says the existing system has been working. >> the u.s. department of labor has unilaterally changed the method by which the media

accesses the bureau of labor statistics job data. this unprecedented action has serious freedom of the press implications. >> the department of labor strikes a balance between preventing the unauthorized release of key economic data and providing journalists with access to that data ahead of time so they can prepare their stories in context about the broader employment situation. >> reporter: the department of labor argued a system using government computers and government phone lines would make sure the information is all released at once. there has been some concern newer organizations perhaps some blogger types would jump the gun and release information prematurely. as you heard from chairman is -- chairman issa there are some

first amendment concerns. megyn: voters in two city in california approving by a wide margin sweeping reforms to the pensions of city workers currently on the payroll. people who were promised certain things their pensions. maybe 90% of their salaries forever more in retirement may not be getting it. michael reagan says there is a huge message for the rest of the country. he's here live next. just hours ago a massachusetts teen accused of texting behind the wheel was convicted in a deadly car crash. it is the first of its kind case. but did the jury make the right decision? we'll take a look at that in "kelly's court." wisconsin governor scott walker surviving a bitter recall effort put together by the big unions. we put together our focus group democrats and republicans. they weighed in.

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like the droid 4 now just $99.99. verizon. megyn: there was a dramatic vote in california last night. let's go further west on the first of its kind pension reform. voters in two california cities overwhelmingly approving a measure to cut the retirement benefits that were promised to thousands of city employees. it's a move that could pave the way for thousands of outcomes in cities across the nation. this is in one of the bluest

states in the country. michael reagan is a californian. this is a big deal. usually when they talk about effect reform they say on a go forward basis. new people being hired. we are not going to give them as lavish a pension. this dealt with folks who are now retired and now work and had received these promises and it's saying you are not going to get what you were promised, and there are reasons for doing it, but is it fair? >> oh, yeah, and this is huge, megyn. san jose being one of those cities who voted to cut back pensions. and san diegoing about the other. san jose is not a conservative area. it's a liberal area of this state. to think that 70% of the voters voted to put the cut the pensions of those people already working. think about it this way. in order for 70% of the people

to vote for that they had to grab many, many union people who voted to cut their own evenings because they understood that sacramento is not getting it done, california has to take back our state. one city at a time through the people. megyn: that is incredible when you think about that, that union members would be voting to slash their own pensions. we get emails from people count on these pensions saying this is something i paid into the pension fund. this isn't a taxpayer gift to me. i paid into the and now i want my money back. this isn't that palatable to a lot of folks. but the vote was 66% approved it in san diego, 70% in san jose. >> , it was $240 million a year in pensions going out in san diego.

when you are driving a car. everybody needs an suv, 4-wheel drive because the roads are undriveable in this state. l.a., we are in the same position as san jose and san diego. we need pension reform here. the teacher's union is $59 billion in arears. the state of california is $500 billion in arrears. this is a huge issue in the state. and it's a huge opening for mitt romney if he will come in and grab it. i think it puts california in play for the 2012 presidential election. megyn: did you fall down on the sidewalk and bump your head? >> no, i didn't. but i wouldn't have bet san jose would be voting 70% to cut the pensions of those who are already working either. megyn: are you telling me we could see california go red in the presidential elections. you glean that from this vote?

>> i glean the fact that mitt romney is open for mitt romney to grab hold of what happened in wisconsin, san diego and san jose. we'll not win in california if the presidential candidate refuses to come to the state of california and campaign here. he needs to come here and campaign. now he has a great issue in the state of california to campaign on because everybody understands it. if he stays away, you are right. if he comes here it could make a difference. megyn: apart from presidential politics, when you have these kind of margins, 70% favoring this in san jose, would this inspire other cities in other states across this country to implement similar measures to try to close their state budget gaps? >> absolutely right. what happened in san jose and san diego was as huge with what happened in wisconsin on the recall of scott walker.

it opens the door. it says to those other cities and states who are having the same problems that we are having here that the people will get behind you if indeed you put an issue out there they can get behind. this is a big issue for the republicans, for conservatives for mitt romney to get behind. everybody is looking for an issue. with lower taxes you get this, we raise taxes you get that. now, you get a real issue with these pensions. the unions took it on the chin last night and i hope they take it on the chin again in november. megyn: these pensions in some cases are 90% of your existing salary the rest of your life tax-free. michael reagan, thank you. megyn: that wisconsin recall election was driven by democrats and big labor. with governor walker pulling out

an historic win. what is the message. is there a message beyond the state of wisconsin? our focus group could not stop arguing over this one and we'll show you why. we have scary details about a spider so aggressive we are told they are attack entire towns. we'll detail the story that sounds like a science fiction movie. we only wish. [ male announcer ] you get in the zone

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megyn: big dust-up.

taylor swift wrote a song called dear john. in it she bashed her ex-boyfriend john mayer. he says he was humiliated when the song came out. mayer describes the tune as cheap song writing. while we hate to take sides between two of music greats. "america live" has to be on the signed of the brilliant john mayer because of this. >> i'm john mayer and i'm the world's biggest megyn kelly fan. with her incredible legal knowledge i have no objection to -- a play on words -- to her. i could make puns about side

bars and benches and gastles, but i won't. just megyn kelly. you know what's sexy about that? the why. megyn. that's -- she is a whip smart lady. she'll, you know, she is probably going to find something wrong i just said and nail me to the wall about it. megyn: just sayin ... moving on. we promised yesterday to bring you the story behind what is a new and aggressive expired. a new species of tarantula and blamed it in part for two deaths so far. but now there are questions about these attacks and trace gallagher is with us on that

one. >> reporter: you have spiders. the experts are gathering in northern india in these villages to find out if these colonies of spiders are attacking the villagers or if this whole thing is getting blown out of proportion. the reports are that niece spiders, a new see seals of tarantula about the size of your hand. they move in packs and they bite with poison convenient i am. -- poison venim. they don't know if they died from the bite other witch doctors who use razor blades to clean the wounds. there is no anti-venin to treat the bite. some extra rant -- some tarantulas have been turned over to authorities but they are just

run-of-the-mill creepy spiders. i was at a local news thing where a tarantula was on my hand and it crawled up my sleeve. i almost cried. megyn: that's the kind of thing that gives you nightmares forever more. just like when we gave you nightmares yesterday with ♪ it's a small world after all not coming up, a you'rey just issue -- a jury just ruled in the case of a teenager texting and driving and causing a deadly accident. did the jury reach the right decision. we'll talk about what it may mean for other would-be texters in can -- in "kelly's court." what is the message from wisconsin? we put together a group of

voters and they weigh in in a firey session next. >> 10 of the 10 biggest groups that donate to public campaigns. four of them are unions. this was a blow to the union membership. >> public employees. do you see it ?

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megyn: governor scott walker racking up a big win against recall efforts in wisconsin. he won by an even larger margin than he did when he was elected the first time in 2010. milwaukee mayor fall barrett said -- tom barrett says the race showed the strength of the opposition. but walker has a different take. >> what has made america amazing is the fact throughout our history. throughout the more than 200 years of our history there have been men and women of courage who stood up and decided it was more important to look out for the future of their children and grandchildren than their own political future. >> what we have seen the last 16 months is we have seen this democracy come alive.

to those of you who fought, who obtained signatures, who stood out in the cold, who did what you thought was right, never ever stop doing what you think is right. that's what makes this such a great country. megyn: our focus group is back. they helped us follow this election up to this point. a group of democrats and republicans to weigh in. kevin, do you think -- you tell me what you think the significance was and whether you think it has national implications. >> common sense won. the average person said if i can still get a health plan at 88% covered in retirement instead of 100%, that's the sacrifice i'm asked to make to make our state fiscally responsible, i'm willing to do it. the result of last night was the

absurdity of the unions who got pound in this against the common sense of everyday americans. megyn: how big a loss was it for the unions? >> it was a loss. they were trying to do something historic here. this would have been the third recall in american history. it was a big, big effort. they didn't get the gold medal but they got the bronze. they won back the senate. walker outspent barrett. megyn: there has been a lot of discussion about whether the ground games the republicans established in wisconsin to preserve scott walker's job will come back to help them in november. even though obama won wisconsin by 14 points. the question is whether the republicans are well poised to do better in november. tracy davis, let me ask you. >> i think it's a huge game changer in wisconsin and

nationally. it not only knocks the winds out of obama's sails but capsize him. the people in this country are willing to make certain sacrifices with this debt he has accrued as much as george bush did in 8 years. he's doing nothing about the debt. the buffet rule after one year would cover three day's interest on the debt. megyn: the wisconsin voters didn't seem to have a problem with president obama. >> that's going to change. it's a tipping point. >> everybody wants to say it's very influential in the presidential election. what i think it will be influential in is the attitude people go into running. some people that are nervous before are going to feel emboldened. and i think for democrats it will be a bit of -- have a

pause. >> this is a battle that had to be fought. every governor has faced the same problem. scott walker had the to your knowledge stand up there and get his position validated by the public. it will send tremendous wave.across the country to embolden governors to do the same thing he has done. so governor question of pmp koumo in new york. megyn: , the unioned rallied for this. the discussions today are talking about how they lost on policy. the unions have been tripled in wisconsin as a result of these new policies and it cut them out politically in terms of their collective bargaining rights to the point where they are weaker. they don't have the same membership and the same money.

is that a trend now that walker has kept his job. >> the declining influence of unions has been happening over the course of decades. but i think governor walker -- we look at this as a victory for him, but when you think about it, it doesn't happen very often that a governor gets recalled because a million people sign a petition to get him out of there. megyn: but then he winds up winning by a bigger margin because his policies are working. >> scott walker received more votes in the primary to this recall than his two top democratic opponent did combined. the motivation was on the side of the taxpayers. for the first time in a long time. many people who work in politics understand this dynamic. the unions were trumped by the taxpayer.

we have never seen this happen. >> there is a question about whether you can extrapolate that to president obama. the voters still said they preferred obama's policies or romneys by 9%. this is a huge win for the republicans and riens priebus he was chairman of wisconsin and the rnc chairman put together 4 million calls. this is death to the unions. >> there is -- the exit polls were flawed. overperformance in the exit polls. if you took that 4% and applied

it to the 7-point advantage. megyn: you cannot look at the early waves of exil polling and say they were inaccurate. you look at final waves to see if they were accurate. >> there have been troves of polls and none of them have romney coming out ahead of barack obama. >> the focus here is on the outside money. the koch brothers. the billionaires that donated billions to scott walker. megyn: you know the unions and other groups will do the same. >> of the 10 biggest groups that donate to political campaigns six of them donate to republicans. four of them are unions. this was a blow to the union

membership. so this is a big deal. >> he had the courage to go delight and people were happy with it. that's the blue print. megyn: governor walker reduced that state's deficit considerably. he's look at a $3.5 billion deficit from 2011 to 2013 and now it's down to $143 million. the state voters in wisconsin seem to like the result even if they don't like the hit to collective bargaining >> there was a percentage of them that opposed the recall in general. which arguably caused. megyn: some voters who voted for walker don't like recall

elections. >> obama is doing nothing about the deficit. >> the role public employee unions and state budgets and how we funds them and how state budgets are crafted. it's about the realignment between the public employee union and what their percentage of the budget will be as it relates to paying them. megyn: i have got to go. because the koch brothers have been attacked by the president's reelection campaign -- >> how about all the outside union money that went into wisconsin and the union employees that showed solidarity with their union brotherhood? it's okay to have outside people participating. but the big loss for the president was his ground team organized for america, the union ground team that was so historic

failed. megyn: thank you. those are always fun. and so easy to control, too. take your thoughts on it, follow me on twitter at megyn kelly, megyn with a "y" as john pointed out. a verdict in a case that's the first of its kind in one state. a jury just fliewltd case of a teenager accused of killing a father of three and severely injuring a woman because he was texting while driving. did the jury make the right decision and how might this affect other would-be texters while driving? >> when you came up on the car that was in front of you, were

you looking down at our lap? >> no, i was not. >> were you looking out window >> no, i was not. >> were you looking at your cell phone? >> no, i was not. >> you were just distracted? >> i was distracted. i was saving big on car insurance. i was worried it would be hard to install. but it's really easy. the better i drive, the more i save. i wish our company had something this cool. yeah. you're not... filming this, are you? aw! camera shy. snapshot from progressive. plug into the savings you deserve with snapshot from progressive.

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megyn: "kelly's court" is back in session. a verdict that's the first of is kind in a state. a massachusetts jury finding 18-year-old aaron devoe guilty of causing a deadly car crash base was texting on his cell phone while he was driving. it's a crime for which he is expected to spend a year in prison. he collide with another car. a father of 3 died of his injuries. he took the stand in his own defense and said he was not send

or receiving text messages before the head-on collision. you were just distracted? >> i was just distracted >> you permitted your car to come close enough to another car that you had to swerve out of the way >> that correct. >> you stated on direct you were distracted because of homework >> that's right >> you were going home and you had a lot of homework >> just got out of work and i had a lot of home 0 work do monday. megyn: what a crock, says the you're write. joining me to discuss it, lis weihl and jonna spilbor. the jury didn't bite. the defense had him tef that he never picked up the cell phone from the time he got behind the wheel. the jury rejected it outright. >> the jury has phone records. the prosecution brought in phone records that showed he texted

193 times during that day. not all during the accident. megyn: to the same person. with his girl friend. distracted by homework. you are thinking about homework. you can still be visualizing the road. but when you are looking down at the cell phone, by definition you are not looking at the road. that's what the jury found was negligent. it's negligent manslaughter. he was negligent in driving while texting. megyn: he testified he never texted once he got in that car. the police say he received two text messages. one at 2:34 p.m. and a second one at 2:35 p.m. the accident happened at 2:36 p.m. you got text at 2:35, you were reading it and you had an accident within 60 seconds.

>> we have all seen kids text. we all text, hopefully we don't text and drive. by that's so close in time. i don't believe his testimony either. what i don't like about this verdict is teenagers are the biggest culprits when it comes to texting and driving. but we can't line prisons with a bunch of teenagers. we have to do something other than lock them up and throw away a key. if this kid had not been texting while driving, good chance that man, father of three would still be alive. megyn: and you don't have somebody take responsibility for his actions. one thing if he came out and said i'm devastated. he according to this jury lied. his to the exchange had with the prosecutor about the alleged time. he received two messages. one at 2:34, one at 2:35, the

accident happened at 2:36 >> you sent a message at 2:34 >> yes, i did. >> you isn't it to the same phone number at 2:33 >> yes. >> and i received a text at 2:35. it was the same phone number you had sent a message to at 2:34 >> yes. >> is it your testimony you were not distracted by reading that response? >> yes, that's my testimony. megyn: would you have advised him to go in there and tell them you messed up? you are a stupid teenager? >> this is a case i would have pled. that testimony is unbelievable. other part of this argument is where does it stop? we have another slippery slope. kids are listening to the radio, they are eating, putting mascara on. where does it end?

i know we are trying to send a message with texting and driving. throwing this kid in prison for 2 1/2 years isn't the answer. megyn: is there something uniquely distracting about texting? >> absolutely. i read some studies that show texting while driving is more dangerous than driving drunk. they have done studies about how long it takes someone to stop after their texting if they see something. it's frightening. megyn: there was testimony how he had to swerve. he say the at last second and tried to swerve and went into oncoming traffic. a father of three is dead because he felt such urgency to discuss whatever nonsense with his girl friend. i hope all of our audience will think twice before they think their business on their cell phone or blackberry is so important it can't wait. if they can't wait.

it's so inconsiderate and reckless. megyn: the shuttle enterpriseta loaded into place in her new home. well, that's what we're doing today. car insurance x has been perfected over the past 75 years. it's tasty. our second car insurance... they've not been around very long. mmmm... no good! no good? no good! so you chose geico over the other. whatever this insurance is, it's no good. ok so you...

megyn: 68 years ago today. the d-day invasion changed the course of world war ii and she was an eyewitness to this assault. the 102-year-old veteran is not done serving her country and

casey stegall has her incredible story. >> reporter: bee cohen is reputed to be the oldest female veteran in california. she is sharp as a tack and still lives on her own. in romania she witnessed bombs being dropped in world war i. she was stationed in england and she witnessed the start of the d-day assault roaring outside. >> it was the normandy invasion. >> reporter: in the early hours of june 6, 1944, bee cohen was startled to hear and see thousands of planes in the sky en route to france. >> nobody knew where or when or

what. we knew it us the beginning of the end of world war ii. >> reporter: 11 months later the war in europe did end. but for bee her service to her adopted and beloved country was far from over. she still hand sews blankets for veterans. whether it's sewing out blankets or calling out bingo numbers, she said she always felt a need to give back to her fellow veterans. megyn: queen bee. for those who fought and testified our freedom on that fatefall day 68 years ago we give thanks. we'll be right back.

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>>megyn: i find all the texting annoying, not just when driving but while you are at dinner with me. ever go to dinner with friends and you are talking? i am not that boring. right? here is shepard. >>shepard: the news begins anew. live look at the retired nasa shuttle enterprise. workers prepare to lift 170,000 pound spacecraft using a crane on to the deck of the new home. well watch it happen live from the sea, air, and space museum and the feds busted dozens of suspects in a massive airport drug smuggling ring and many work for american airlines. details coming up. plus, breathe this before you accept your diploma. backlash over high school graduation breathalyzer tests. that's all ahead unless breaking news changes everything. this is "studio b." burs