at the path he's taking, today in ohio it's all about his auto bailout, it's all about his -- the county he's in in ohio, that he started in in ohio today home to a jeep plant that democrats say was rescued with more than $12 billion in bailout money that the president sent that company's way. he's trying to emphasize this because of the negative in that these voters, by and large, have fallen away from him as compared to 2008. the key for the president and his big victory in 2008 was a coalition of upscale suburbanites and down scale votes. he doesn't have that this time, and he knows it, and so that's why this bus tour's taking him through some hard-hit parts of the rust belt and closes up in pittsburgh tomorrow. megyn: why doesn't he have the blue collar voters this time around? the conventional wisdom put out at least by the democrat is the that the republicans are for the

rich, and if you're not rich, you should be voting democrat. >> well, the truth is historically, and i think we'll expect to see that happen this year, is that the bottom, let's say, 30% economically speaking is very solidly democrat, and the top 30% is very solidly republican. and we'll expect to see that contour return. obama did pretty well up top. the middle is always the middle, it's where they fight. these people are the most economically sensitive. the reason that the president has a challenge with these people is they have not felt the recovery. they have, whether it was the period of high gas prices or now wage insecurity or whatever it is, these people continue to be buffeted by problems. and when the president comes and says it could have been worse, that is a tough sell for people who unless they're a direct beneficiary of the auto industry are going to say, yeah, but what have you got for the future, and what have you done for me lately? >> >> megyn: yeah. it could have been worse may apply to the country, but when a guy's been unemployed for two

years, he's asking how could it be worse? look at the numbers, we'll look at ohio first. you can see that there have been periods where the president has really been trouncing romney in that state. it's appearing to narrow a bit now, chris. i mean, the real clear politic average in the polls puts the president about three points ahead of mitt romney. ohio is competitive. >> oh, ohio is very competitive. and here's the other thing. ohio's economy is actually taken as a whole pretty good. the parts of the state that the president's going to, no, but taken as a whole, ohio's economy is not bad. unemployment there's lower than the national average. so that gives the president some help. but at the same time, as romney makes his pitch to these suburban voters outside of cleveland r outside of columbus, outside of cincinnati, he has the kind of argument that those voters like in republicans. romney's more moderate, and he has this economic record, so you can expect those numbers will get tighter still.

megyn: i want to show the viewers that same sort of graph in pennsylvania where there's a much more disparity. looks like the president's trouncing romney. >> oh, we haven't had enough polling yet. pennsylvania looks to be quite competitive. megyn: all right. chris stirewalt, thank you, sir. see you soon. and for the first time since taking office, it now appears president obama will not take a vacation on martha's vineyard. sources say his accommodations were canceled in may. the president faced a lot of criticism last summer for taking a trip to this island as the economy stumbled. it's not cheap on martha's vineyard. beautiful, but not cheap. while the obamas paid for their estimates $50,000-a-week rental last year themselveses, the taxpayers had to pick up the bill for the secret service agents and aides who had to travel with them. another fox news alert, a florida judge has just rule inside the second bond hearing for george zimmerman, and listen to this. the judge has set bail for

mr. zimmerman at $1 million. this latest development comes on the heels of a newly-released medical records from the 28-year-old's first doctor's visit the morning after he allegedly shot -- well, he did shoot 17-year-old trayvon martin, the only question is whether he did so in self-defense. so the first doctor's report being revealed, and it's detailing the full extent of the injuries mr. zimmerman sustained during their alleged -- why do we keep saying alleged? -- during their fight. there was a fight, there was a shooting, there was a death. the o only question is whether it was justified by self-defense. >> reporter: yeah. and i'm going to get to the records, but i want to do this breaking news on the bond you were just talking about, and maybe you can help me out with this. the judge, kenneth lester, issued a $1 million bond, but in his order submitting or setting bail, he says it appears george zimmerman was getting ready to flee the country. the judge says with that valid

passport along with that $135,000 that he never disclosed, the judge says in the order -- and i'm quoting here -- although there is no record of flight to avoid prosecution, this court finds that circumstances indicate that the defendant was preparing to flee to avoid prosecution, but such plans were thwarted. we have called zimmerman's attorney, mark o mark o'mara he is planning a statement. now, on to the medical records, three pages long. very interesting about his physical and as well as his mentally handling the shooting. first, the physical part. as we know, he had a broken nose, two cuts to his scalp that did not need stitches. he also had two black eyes, and he complained of pape to his neck, nose and face. he claims that trayvon martin punched him in the face and beat his head in the concrete.

the report said there was no head trauma, and he was refer today an ear, nose and throat doctor, but he declined to go. the only reason he went to the doctor in the first place was to get a note so he could get back to work. the prosecutor says this report shows his claims that he endured a life- he is noted as being obese, four-and-a-half inches shorter than trayvon martin but outweighs him by 45 pounds. he was on moods to both elevate his mood as well as to calm him down. the physician's assistant claims zimmerman claims every time he thinks about the violence, he gets knauss shows. she went on to say, given the type of trauma we discussed, it is imperative he be seen with his psychologist for a full evaluation, and as you might imagine, both sides in this case will use these medical records for their benefit because this

is going to be a big part of the trial. megyn: that's right. there's a lot to pick apart, although that is an eye-catcher that they described the man as obese. really? i don't think most people think he's obese, but that's a side point. as for your point about the bail, it's interesting, trace, the judge clearly thought zimmerman was a flight risk, yet he grants bail a second time around. one can only speculate that he believed now that he, the judge, has control of that passport and not mr. zimmerman and he's set bail at this level and now they have all of mr. zimmerman's financing accountedded for, he may think he's less of a flight risk this time around. thank you, t.g.. >> reporter: we get a comment, we'll bring it to you. megyn: and we're going to talk about in kelly's court. is a million dollars appropriate? and what of these medical records? we're going to delve deeper or, and there is grist for both sides of this mill. new concerns that a united nations gun control plan could threaten our second amendment rights right here in america. why is the obama administration supporting this?

in three minutes we will talk about it with the nra president who has been called to testify in front of the united nations. and new fallout today from the supreme court decision on the president's health care law. the president's team is arguing that this is not a tax again. so first the president said it was not a tax. then he went into court and said it is a tax. now today he sends out his representative to say it is not a tax, and that they disagree with the supreme court's decision! okay. we'll talk about it in just a bit. and katie holmes fighting for sole cutsty of her daughter with tom cruise, some say on the basis of mr. cruise's relationship with the church of scientology. dr. keith ablow takes a fascinating look into the minds of both parents. ♪ [ male announcer ] this is rudy.

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megyn: fox news alert, for the second time in three days the united nations has had to postpone action on a controversial new gun control treaty that would regulate firearms across the globe. that treaty would create international standards for importing and exporting conventional weapons. it is backed by president obama which is a reversal from the policies under president bush. but our next guest says that these u.n. rules could fundamentally change american gun laws and threaten our second amendment rights right here at home. joining us live is the executive vice president and ceo of the national rifle association, wayne la pierre. >> thanks for having me. megyn: they say, look, there are no global treaties that restrict the sale of conventional arms, that the entire world is dealing in small arms, there is nothing preventing these guns from getting into the hands of very bad people in these other nations outside of the united states, and that's all they're trying to regulate, the global sales, not to restrict second

amendment rights here in america. what say you? >> well, we've continually tried to exempt civilian firearms in the united states. they refuse to do any of that. megyn: what do you mean by that? >> we've tried to have them exempt all civilian firearms. megyn: so write that into the treaty. >> they refuse to do any of that. the reason this is such a bunch of nonsense, syria, thousands of people are dying right now. the u.n.'s spending six weeks this summer on gun control. i mean, the fact is the u.n. doesn't protect people, it doesn't save the innocent. i mean, you could stack to the ceiling the bodies of the innocent a thousand times over that the u.n. has failed to protect. the dead people don't get to vote on this u.n. treaty, and americans don't want to be added to that pile of dead people that have been left defenseless by the u.n. policies. megyn: they seem to genuinely believe that it is the guns that are to blame for this violation that we're seeing in some of these downtrodden nations and if

we can just control the flow of guns, we will somehow stem the violence. >> yeah. they say nothing about arresting, prosecuting, incarcerating violent concerns, they say nothing about how oppressed, innocent people can be freed from tyrants and dictators. i mean, the u.n., it's this utopian philosophy, let's ban all guns, and there'll be no human rights abuses, there'll be no terrorism, there'll be no criminals. it's all utopian nonsense. the u.n. gun control plan is the most extreme imaginable. it says to people in the united states turn over your personal protection and your firearms to the government, and the government will protect you. it's the most -- megyn: it does? wait, because the president, the administration has said we support this, but it doesn't infringe on our second amendment rights here at home. as a practical matter, you tell us, to gun owners watching this program right now, what would it mean for them? >> right now it would effect every handgun, rifle and shotgun american citizens own. megyn: how? >> it's the most extreme -- it

sets up global agencies, data centers, surveillance, supervision. it institutionalizes the whole u.n. gun plan within the bureaucracy of the united nations with a permanent funding mechanism. and included in this gun plan is implementation legislation that they are going to press for the united states to adopt. and the nra, we already have 58 senators that we've worked with that say they'll oppose this, a majority of the house of representatives, and the nra's position is we are not going to let this be adopted in the united states, and i hope every american citizen joins the nra as an act of defiance to this u.n. plan. megyn: but they are, when they talk about, you know, promoting this, they talk about how it's about the global arms sales, and if anything, they'll just be regulating the weapons manufacturers here in the united states to be more open and transparent about to whom they're selling outside of the country, not so much domestic sales. >> that -- they may say that, it's simply not the case. they have consistently refused to exempt rifles, shotgun,

happened guns owned by american citizens. they won't even exempt sporting firearms. the fact is, this is every single firearm. the government gets the guns, not individual citizens. and the ironic thing, megyn, most of the killing over the years has been done by governments in that club. russia, soviet union, china, north vietnam, uganda -- megyn: do they support this treaty? >> yeah. the world's worst human rights abusers are voting for this treaty. the last time iran offered the proposal. syria's going vote for it, cuba's going to vote or it. i mean -- megyn: who's going to enforce it? obviously, the odds of it being approved here in the united states not so good, right? >> well, it's going to sit out there for years like the kyoto treaty, they'll have a permanent funding mechanism, they're scheduleing conferences up to 208. this is a bunch of nonsense,

america needs to know how bad it is. and if the glass breaks in your house at 2 a.m., the baby blue helmets of the u.n. are not going to save everybody. there's nobody who's going to save a citizen in that situation. what will save them is the american constitutional right to own a firearm. megyn: i always say guns are just like lawyer, everybody dislikes them until they need them. right? [laughter] not everybody, but a lot of them. >> great freedom. and when the u.n. attacks us, they're debating all of our founding fathers that understood what this freedom means to americans. megyn: so, wayne, are they going to hear you out? you will get your chance to testify? >> i'm going to go in and tell them this plan weakens our rights, cheapens our sovereignty and enables every tyrant, thug and criminal and evil government around the world. megyn: well, we'll see if syria gets up and walks out on you. >> they're going to vote for it. megyn: thank you very much for being here. it could be the final report on one of the biggest mysteries

in aviation history. today we learn what caused an air france flight to. [applause] unexpectedly into the ocean in a crash that killed every soul onboard. at least we lesh what they're -- we learn what they're saying the official cause was. plus, the newest threat from iran comes in the form of this test. it shows a missile taking out a tanker ship in the persian gulf. in three minutes, see why this is really a very big gun to the head of the global economy. okay, team! after age 40, we can start losing muscle --

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megyn: fox news alert on a new threat from iran, this time in the form of a video that is putting the entire gulf region on edge. it shows the republican guard, the revolutionary guard over there test firing missiles capable of reaching israel along with u.s. ships and bases in the

area. it also shows what appears to be one of those missiles destroying the ship. the worry now, a strike could send the world economy into a panic almost overnight. leland vittert live in jerusalem with an update. leland? >> reporter: megyn, it may not even take overnight. the news of an oil tanker being hit or even threatened by the iranians is enough to send oil prices sky high, and we've seen in the past simply the iranian drills having a large economic effect. the key here to see is how the iranians are changing their rhetoric. it's no longer just against israel, but now brings in the united states and also the straits of hormuz. their latest video from state tv showing anti-ship missiles being launched and then hitting and destroying a target slightly offshore there. the u.s. has put military as is sets in place in the persian gulf. in the past u.s. aircraft carriers and u.s.-guided missile cruisers have escorted those oil

tankers through the straits of hormuz and also the u.s. has put in mine sweepers, eight mine sweepers right now on standby to be able to clear the straits if the iranians try to shut anything down. what's important to know is just how much the iranians are raising the tension here about what they might do in the event of an attack. we already know they said they will launch their missiles that have a range of about 1250 miles. we put a map together to show you what exactly that means. they've said within minutes they will target bases. those are highlighted in red, places like bahrain, kuwait, afghanistan. in all, iran has in its sights a little bit more than 100,000 u.s. soldiers, and also any city in israel they could retaliate which would have big effects region will aand on the world economy. back to you. megyn: we are taking a look at the latest effort by the obama administration to, apparently, try to rewrite the historic

supreme court ruling that the individual mandate, the funding mechanism of the law is, in fact, a tax according to the supreme court. the president, his chief of staff, his chief campaign adviser all argue that the court ruling was right, but that it was wrong about the mandate being a tax. so is it a tax or not? we will tell you what what exacy the obama administration told the supreme court right after this break. plus, it is one of the biggest mysteries in aviation history. what happened to air france 447? today we have what we are told is the final report and some answers. we'll take a close look and bring you back to the other theories that have been posed about why this jet went down. and breaking news today on the katie holmes/tom cruise divorce can. holmes' attorney just releasing a statement about child custody and the hearing today. it's an unusual move, we've got the details, and we've also got

dr. keith ablow who takes a fascinating look into the psyches of these two stars. ♪ mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance

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megyn: new questions today about

whether the white house is being straight with the american people about the health care law. before he signed it, the president insisted repeatedly that the individual mandate which requires that people buy insurance or pay a fine was not a tax. >> your critics say it is a tax increase. >> my critics say everything's a tax increase. my critics say that i'm taking over every sector of the economy. you know that. look, we can have a repsychiatry mate debate about whether or not we're going to have an individual mandate -- >> but you reject -- >> i absolutely reject that notion. megyn: reject that it's a tax. then, however, the president's attorney went before the supreme court and argued that the mandate is constitutional under the congress' taxing power. chief justice roberts and the four liberals agreed securing the 5-4 supreme court decision exactly one week ago, upholding the mandate. fast forward now to this morning when the president's own campaign spokesman said the high court got it wrong in adopting

the president's own argument. listen here. >> so then he disagrees with the supreme court decision that says it's now a tax? >> that's right. he's said that it's a penalty. you saw our arguments before the court -- >> your argument before the court, honestly, also said that it could be -- one of the side arguments, kind of like the back-up argument was that it was a tax, so i did see the arguments -- >> it never referred to it as a, it never referred to it as a tax. it said that it was a penalty. megyn: hmm. joining me now, simon rosenberg, president and founder of ndn, also a former campaign adviser to president clinton. and marc thiessen who's a former speech writer for president george w. bush. there you have the campaign spokesperson, simon, coming out and saying expressly that the president believes it's a penalty, he disagrees with the supreme court that it's a tax and suggesting that they never referred to it as a tax. now, look, i want to show you

what the president's lawyer argued to the u.s. supreme court. it's not like chief justice roberts pulled this out of his ear. this is the president's lawyer in front of the supreme court, okay? ready? follow me on this. justices, it is a tax law, fully integrated into the tax system that triggers tax consequences for noncompliance. megyn: simon, this is the president through his lawyer telling the supreme court it is valid as a tax. so are they being straight with the american people? and now sending ben lebolt, among others, to come out and say it's not a tax? >> well, let's look at what the architect of this strategy said

about -- megyn: no, no. no, no. before you go to romney, before you go to romney let's stay on president obama. we'll get to -- >> i'm going to. mitt romney called it a tax penalty -- megyn: mitt romney was not the architect of obamacare. he wasn't. he was the architect of romneycare. >> he was the architect of the original mandate. megyn: we're sticking with barack obama. >> megyn, megyn, i'm going to answer your question. the point is it is a penalty under the tax authority. that's what the supreme court said, right, that they can use it legally under taxing authority. and let's just be clear about what this does measure. megyn: wait a minute. no, no. >> why can't i understand the question, megyn? megyn: because you're not being direct either. yes, he had the power under the commerce clause, but they went into the supreme court, simon and said it is valid as a tax in its own right. >> can i explain how it works and you decide? megyn: i want you to respond to the words.

the words. >> i think it's a penalty. i'm answering your question. i think it's a penalty and not a tax. megyn: let me give it to you, marc. viewers can look at this for themselves, okay? here's what bothers me about this, mark. you can argue that, you know, it is one or it isn't one, and it's a good tax, or it's not a tax. but let's just be straight about it. you can't say to the american people one thing and then say something else to the prout and then come out -- to the supreme court and then come out and pretend you never said it. it's a matter of judicial record. >> it's the haw of the land. i'm going to read you something from the supreme court's decision because they actually explicitly rejected the argument it was a penalty. they accepted the argument from the solicitor general, and then they said the funds referr to as a penalty does not alter their essential character as taxes. they went on to say if the concept of a penalty mean anything, it means punishment for an unlawful act or mission, and since failure to have health insurance is not unlawful,

therefore, it is tax on those who do not have health insurance. that is the decision of the supreme court upholding obamacare. so the president can't have it both ways. he can't argue in the supreme court that it is a tax and then try and argue in the court of public opinion that it's not. if he doesn't believe it was tax, then why did he authorize the solicitor general in front of the supreme court -- megyn: that's the thing. his lawyer said it was valid as a tax. he didn't just say under the taxing power. and so the supreme court, the chief justice, simon, john rockets whose vote was critical, asked him why don't you just say it was tax when you were passing it? in other words, why didn't you tell the american people it was a tax, and listen to what the president's lawyer said as a justification. >> sure. megyn: why didn't congress call it a tax then? >> well -- >> you're telling me fathered it as a tax, they defended it on the tax power. why didn't they say it was a tax?

>> they might have thought, your honor, that calling it a penalty would make it more effective in accomplishing its objective, but it is collected by the irs on april 15th. megyn: more effective in accomplishing its objective which is to get it passed, to get the american people to approve it, simon. >> let's just be clear about what it does, right? in massachusetts where this has been implemented, it's affected 1% of all of the adults -- megyn: you're not on point. >> no, no, but this is not some broad-based tax, this is not a sales tax, an income tax. it's only going to effect 1% of the people of the united states, people who do not already have health insurance and can afford it. so if -- megyn: so it is a tax. >> if you're watching this show, if you have health insurance and you're watching this show, you don't have to worry about anything. if you have medicare and you're watching this show, you don't have to worry -- megyn: now you're arguing whether it's a good tax, and that's fine, it may be. >> megyn --

megyn: the question is whether the president is being straight on this. >> in the state in this which was implemented, they called it a penalty, and mitt romney has called it a penalty the entire time he was governor up until a few days ago. megyn: okay. well, let's talk about that, marc. so what the politician thes are saying about it is one thing. mitt romney's been all over the board on this as well, right? so his top campaign guy come out earlier and says what we did in montana, well, that's a penalty. and then mitt romney came out today, and he said this: >> i said that i agreed with the dissent, and the dissent made it very clear that they felt it was unconstitutional. but the dissenters were in the minority. while i agreed with the dissent, that's taken over by the fact that the majority of the court said it's a tax and, therefore, it is a tax. megyn: so is he in a position now given what happened in massachusetts and given what eric bern strom said to come out and try to argue to the american

people that it's a tax, not a penalty? >> yeah. well, simon obviously needs to read the opinion a little more carefully because, actually, what the opinion says is that the states have the power to regulate individual conduct in a way that the federal goth doesn't. so actively, technically, massachusetts is an individual mandate which is constitutional, but under federal law it's tax. so romney's technically correct. he screws this up. his campaign shouldn't have said what they said initially. we're talking about whether mitt romney's all over the map on this. look at barack obama. he argued before the u.s. congress it wasn't a tax, he argued before the supreme court it was tax, and now he's arguing before the american people that it isn't a tax. that's not a flip-flop, that's a triple axle. i mean, if anybody's been inconsistent, it's been barack obama. megyn: a triple tax-el. [laughter] >> i like that. thanks, guys, i gotta go. >> thanks, megyn. megyn: pleasure, as always. we're taking your thoughts on that. follow me on twitter, @megyn

kelly. we have an incredible update for you. we had the privilege, the honor of meeting 14 extraordinary americans, veterans who were severely wounded on the battlefields of iraq or afghanistan. several had suffered quadruple or triple amputations, others severe burns and paralysis. they came from all corners of the country yesterday to be together at ground zero on july 4th, the place where many believe their battle began. and while all of them face severe physical challenges, it was clear that these are not victims; they're role models. >> there's no way i call myself a victim, you know? i'm lucky. i lost my nephew in if iraq in 2004, so i know what the other side's like. so every day, you know, i live like it's my last. megyn: they've asked for nothing in return for their sacrifices, but they do need something. they need homes in which to live. and we are happy to report that our "america live" audience is already helping them get those

homes. since yesterday's segment -- which, by the way, is posted at foxnews.com/america live -- the stephen sillers and gary sinise foundations have raised enough money to complete at least one smart homes that cater to the needs of these gentlemen. but there are more homes to build. please join the more than 52,000 "america live" viewers who have logged on the the tunnel to towers.org web site in just the last 24 hours and consider making a donation. tunnel to towers run.org, tunnels to towers run.org. thank you. up next, we have some breaking news in the tom cruise/katie holmes divorce. their young daughter, suri, caught in the middle of what appears to be a battle over religion. in three minutes, dr. keith ablow takes a fascinating look into the former power couple, scientology and this custody fight. and there are new reports

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megyn: breaking news today in the divorce between katie holmes and tom cruise. holmes' attorney releasing a statement denying report that is the actress wants an emergency hearing on custody and child support. meantime, we are getting new and fascinating insight today into the minds of the former hollywood couple. while cruise says he was blindsided by the divorce filing, holmes may have hinted about the split six weeks before filing for divorce in an interview with elle magazine. when asked about her husband, she said, quote: he's been tom cruise for 30 years meaning, you know, the tom cruise, and i know who i am and where i am and where i want to go, so i want to focus now on that. dr. keith ablow's a psychiatrist and member of the fox news medical a-team.

tom cruise is 50 years old, so she's talking about tom cruise, you know, this icon in american society. >> the actor. megyn: yeah, the actor. and that's a separate identity, i suppose, than tom cruise the man, the father, the husband. what, what do you think she's trying to tell us there? >> well, i think she may be trying to tell you that his profession has become him, that she can't reach him as a human being. she may be hinting that she thinks that maybe his religion hasn't given him the very access that the religion purports to give people, to their internal selves, to make them authentic. now, she was a child actress herself, so this may have special importance to her, this notion of finding herself. maybe she doesn't find it in this marriage or by touching scientology as she has. m meg well, and scientology seem to be playing a big role. early reports from sources close

to her are all citing her alleged objections to the religion and the way it indoctrinates people, and some people believe it's a cult and is on. but the thing is, doc, she was raised a catholic, but she converted to scientology when she met him, and he's like, you know, the grand poobah, he's number three or two in the organization now. so it's not like he didn't know what she was getting herself in for. a lot of people speculating she did it because he's a huge star, he's got a lot of money, why not give it a try? why would somebody do that only five years later and a child later turn around and say, no, i'm out? >> well, look, this is somebody who reportedly said as a young girl, i'm going to marry tom cruise, right? she had stars in her eyes, she was an actress herself. one would have predicted, a psychiatrist would have predicted, look, there's going to have to be a journey mere where you stop -- here where you do decide who you really are and

move forward. now, a part of this is having decided my husband ought not have any legal rights to parent our child. that's a massive statement. megyn: that's her position. >> if you can back that up with facts. megyn: that's her position. she wants sole legal custody of this little girl. and you think, okay, i know there are these reports about scientology and some bizarre, you know, beliefs, but that's his religion. and this is his biological child. and can she really now, having been further exposed to the religion, turn around after five years and use that as a basis for depriving him of the legal right to decide what happens with his child? >> well, only if she's got truth behind it, right? so what is interesting here is that scientologists traditionally have hated psychiatrists. they see psychiatry as a demonic profession. and so what katie holmes in and every case i've been involved

with as a forensic psychiatrist, if one party wants sole legal custody, you call in a forensic psychiatrist, and very often the person saying my husband or my wife is crazy, this person can't parent. if that's what happens here, you're going to have psychiatry against scientology in that courtroom. megyn: what a matchup that will be. i mean, you have an interesting opinion piece up now on foxnews.com talking about how the two actually have a little bit in common. even though tom cruise and the other scientologists may not think much of what you do, that the two, scientology can and psychiatry, have a bit in common. >> well, both scientology and psychiatry seek to restore individuals to their core selves, to remove unwanted influences from outside, to free people from negative patterns. the ways in which we achieve it are tremendously different, and i would say that psychiatry with all of its faults, the use of medications too much sometimes and the rest, the emphasis on

diagnosis over understanding still is oriented toward freedom much more than what has become the scientology approach. that's where the criticism comes in. not in the teachings, really, of l. ron hubbard, but the way they've been applied and the fact that people feel like they lean on you to make you do these things. you want to come, great, i'm here. megyn: where do you draw the answer between a cult and a religion? >> i think you draw the line on whether the united states government has accorded the organization that status. this quote-unquote cult is a religion that has been sanctified by the u.s. government or rubber stamped by the government. it or notes in many countries, it has millions of people who say it's changed my life. man, we're on dangerous ground when we start calling any religion a cult. and when germany which has outlawed scientology or severely restricted it by law is the

leading edge of the resistance of sign cog, we'd better worry because their history anticipate great of -- ain't great. megyn: dr. keith ablow, thank you, sir. >> thanks, megyn. megyn: a new report today shows more than half of the states across this country will not commit to expanding medicaid as the obamacare law wants them to. in five minutes, we'll look at what this means then for the president's health care plan. and it is considered one of the biggest mysteries in aviation history, and today we believe we're learning exactly what led to this devastating air france crash years ago, at least we're getting the official cause. we'll tell you what it is. [ male announcer ] this is sheldo whose long day setting up the news

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megyn: well, it was one of the most he's tushing and mysterious -- disturbing and mysterious pane crashes -- plane crashes in history. be three years ago.

today we have what they are calling the final report on the tragedy. trace gallagher has an update live from l.a. trace? >> reporter: the report is 220 pages long, and it's very hard on the eye pilots, saying they were startled when the malfunction happened, and they were confused about what to do. this thing goes into very great detail. remember, it was flying from rio to paris. it hit a very bad thunderstorm. when the tubes which are the speed sensors failed, and when they failed, the plane -- that thing right there -- the plane went into a stall. the first thing pilots are taught is you push the nose down to increase the speed and regain control. but despite the stall warning going off, some 54 seconds continuously the pilot in control continued to push up on the nose, not down, and the two other pilots also did not take corrective action until it was too late. remember this conversation from the cockpit voice recorder

saying, quote, the deputy pilot: climb, climb, climb. the junior pilot, but i've had the stick back the whole time. >> reporter: then the cockpit voice recorder goes sigh silent. it may have add today confusion because the flight director system indicated the nose was pointing down which may have caused the pilot to pull up. the families of the victims are not satisfied. listen. >> we have experts who will look at it, but at this moment our only concern i hoped they would find other reasons as well, but they didn't occupy with technical reasons for the crash. >> reporter: already in europe the new rule is if your speed sensors fail, you take off all

the controls, and you do it the old-fashioned way, megyn, you fly the thing manually, and they did not do that. megyn: still more questions than answers in this case. a lot of theories out there that haven't been spoken to in this report. trace, thank you. >> reporter: okay. megyn: new concerns for the president's health care law after a new report shows more than half the states across the country won't commit to expanding medicaid as the law purport toss make them do -- purport toss make them do. and tensions are high at news of a terror raid at the olympic village. we'll have a live report from london.

megyn: big security worries before the start of the summer olympics. we are getting chilling details amid terror plots. i'm megyn kelly. early morning raids in london.

six people arrested, some at a home just a mile from the olympic park. security at the forefront for the london games. 12,000 police officers ready for olympic duty. 9,500 working in london. 14,000 military personnel including 2,100 reservists. navy jets and surface-to-air missiles ready to launch if needed. assets ready to put a ring of steel if necessary. >> reporter: they said they will do whatever they can to prevent a terror attack during the olympic games. those arrested today not said to be directly linked to an attack on the games. but we saw a very aggressive approach by count or terrorism

officers using guns, stun grenades and tasers. they said the raids were related to islamic terrorism and those arrested western muslim and the plot included attacks against unnamed u.k. targets. a terrorist scare on a highway 120 miles north of london. police moving in on a cross-country bus. 49 people onboard. they shut down the highway at the height of rush hour. one passenger called police. he said he saw another passenger reaching into his bag and vapor fumes coming out of that bag. haz mat examined the bus. passengers were searched. fire teams, emergency teams were on stand by rsh. it turns out the fumes came from

an electronic cigarette. the kind of thing you use when you are trying to quit smoking. but still this shows how authorities are on edge, are on alert today again, three weeks from tomorrow, the olympic games start, 100 countries -- more than 100 countries represented. back to you. megyn: gregg, thank you. the olympic games are no stranger to terror attacks. 11 athletes and trainers were killed by the palestinian organization. they attacked the olympic village and took them hostage. in 1996 three pipe bombs were discovered in a sports bag. richard jewel found the bag it later exploded killing one person and injuring more than 100 others. two years later eric robert rudolf turned out to be the real culprit, not jewel.

he's currently serving a life sentence without the possibility of parole. a dramatic new twist in the debate over the president's healthcare law. one tweak the day since the supreme court's historic ruling. we now have a report that nearly half the governors across the country will not commit to expanding medicaid as the law purports to require of them. these five governors are already refusing flat out to do so. florida governor rick scott said in an interview it's too costly. >> this expansion will cost the federal governor our tax money and the state a lot of money. i can't afford it. we went through the experience the stimulus where they put money into our education system then took it away and our states relied on it. i don't want to do the same thing to our citizens.

governor, welcome to the program. >> good afternoon. megyn: this is one of the parts of the law that could potentially -- the ruling could potentially have a big effect on a lot of americans. the law provided coverage for middle class americans and lower income americans. the lower income americans will be covered by the mandatory expansion of medicare that was forced on the states. the supreme court said thursday the second part, you can't do that. you can try to dangle a carrot in front of the states and make them come along but if they refused you can't' penalize them. you are the governor saying i'm not sure i'm going to take the carrot, i'm not sure nebraska can afford this. >> this is very unaffordable. if you expand medicaid and we don't have any other options,

what it means is funding for education to nebraska's children will be cut. funding for higher education will be cut, or we'll be forced to raise taxes on middle class nebraska families. president obama said he wouldn't do that but his new healthcare law would force that. megyn: the feds are going to pay 100% of the cost of expanding the medicaid program through 2016. they say while the funding will decrease a little to the states it will never go below 90%. you will only be forced at most to pay 10% of the expansion. >> if you want to believe the federal government on this one i have got a piece of land i would like to sell you. they said that with special education then they never fully funded it. that 10% we would ultimately have to fund would cost hundreds of millions of dollars to my taxpayers. the only three big items in most state's budgets are medicaid,

k-12 state aid to education and higher education funding. if you cut those, that's not fair to the rest of us out here, or tax increase. i'm opposed to those ideas. he should be focused on the cost to healthcare. reduce the cost of healthcare, make it more affordable for more americans. megyn: the obama administration says this law does that. this particular portion of the lay does that by limb lating the so-called free riders. if you fail to provide this insurance through medicaid, then they are going to wind up in the emergency rooms and those who are insured in the state are going to wind up paying for them anyway. >> in nebraska we focused on wellness, prevention and quality outcomes. in our state employees health insurance plan, by focusing on wellness, plan design changes, we have been able to hold those

premium cost increases under 2%. we need more hospital transparency. we need an electronic medical system like the financial system has in this country. those are the costs that we ought to focus on. if we'll do that we'll drive down the cost, make it more affordable. the other key element is let's put america back to work. megyn: this expansion of medicaid makes medicaid available for people who earn 133% of the federal poverty level. we are not talking about a lot of dough. this will cover a family of four that earns $30,000. they can't afford healthcare. it's expensive. $30,000 for a family of four. are you as a governor, as a politician going to be able to look at said family in nebraska when the feds are saying we'll pay for it through 2016 and 90%

thereafter and tell that family, no, i'm still not taking it. >> it's not free money, it's our tax dollars. secondly they always say they will pay for all of it at the beginning then they gradually reduce it. it's that cost i'm worried about long term. it's hundreds of millions of dollars. so his federal healthcare law forces cuts in education funding in the state of nebraska. i went do that. that's not fair. i said the two most important priorities for me are education and jobs. that's the road out of poverty. megyn: thanks so much for being here. all the best to you. megyn: all the states in the union if they are so inclined can do what the governor of nebraska is doing. troubling reports on the economy and what has been happening with the jobs crisis.

we'll debate how big a challenge this can pose for the president as he tries to convince blue collar workers that he's the guy who can boost job creation. a new potential bombshell in the case against george zimmerman. we'll take a close look at the medical report officially released today. what it says about what doctors and nurses told mr. zimmerman after he was admitted to the hospital and what they found moment after his fight with the florida teenager trayvon martin. the justice department salute against a texas voter i.d. lawsuit. >> the administration's actions aren't just wrong. they are arrogant, undemocratic and an insult to the rule of law. the administration's disregard for the constitution and rule of law not only undermines our democracy, it threatens our national security. a party?

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megyn: new questions about a d.o.j. court battle over voter requirements in texas and why the justice department turned to a highly partisan group to help with their lawsuit. in a letter obtained by fox news lamar smith asked attorney general eric holder to explain why the doj used a firm that works for president obama's reelection campaign to provide research on whether the lone star state's voter i.d. law would prejudice the rights of voters in texas. james? >> reporter: i'm at your service. attorney general eric holder is fighting in court to block texas from enacting its voter i.d. law which requires all registered voters to produce a valid state-issued voter i.d. the d.o.j.'s civil rights division says it will bar voting

rights to minorities. the department of justice retained data firm. the profess year said i founding nearly all persons identified as white, hispanic, black. the democratic house and senate campaign committee, planned parenthood and obama for america. the firm describes its mission to provide progressive organizations with the data and services needed to better understand and communicate with the people they need to persuade and mobilize, unquote. a republican from texas lamar smith wants the attorney general to explain without a competitive bidding process chose such a

partisan firm. megyn: texas v. holder. sounds like a great card game. there are obviously some questions about whether there is a conflict here that undercuts the d.o.j. in this case. joining me. david webb. and mark hannah. the doj reaches out to the good professor to say help us out to find out if there is a problem with his law. the professor looks to this firm allied with all these progressive causes and says

could you help me gather my statistics? >> i think the credibility of catalist as a company is beyond refute and reproach. i think you have universities all over the country, yale university, harvard university, brigham young university, using them to gather data that no other private company is able to do. they ally themselves with progressive causes but they are an independent company that works for any range of environmental causes. professional political scientists work at universities are looking for truth. they are in the business of knowledge production. they are not after a partisan political agenda or motive. megyn: really? professors at universities? >> the good folks at harvard

university are somehow not credible but ma lahr smith is a credible source. megyn: generally universities aren't exactly a bastion of conservativism either. >> lamar smith, we know what he's a bastion of. megyn: i heard a lot of things that are making my head spin. >> there are a number of companies, one called westec. if you wanted to do that. but what's important is we can argue about whether catalist is honest. let's go to the attorney general for civil rights in texas when he looks at the numbers. 93% of hispanics are registered. i have lived in texas. you have to drive to the poll in locations. how do you get there? you drive, you have a driver's

license. what's the problem showing voter i.d.? megyn: texas wants voter i.d. laws. the doj is challenging that. but just to set it up. the texas wants this law, the doj doesn't like this law, they think it disenfranchises minorities and other voters so now they are looking to finds out the truth. doj turns to the professor and the profess year enlists catalist. did they have to put it out to competitive bid? >> i don't think fox news has confirmed whether there was a competitive bidding process. i talked to a friend of mine who worked for them. megyn: if they put it out for extended bid let us know. >> a competitive bid is a public record so it's easy to find

after some digging. you don't require foia. megyn: we had that debate. the viewers know -- viewers know. 2 degree -- today's debate is about whether they are using a firm they should not be using in the context of trying to find an objective firm in this lawsuit. are they necessarily biased just because they have some affiliation with progressive causes? >> they are not necessarily bias. but if their bias comes out against the overwhelming statistics, based on voter roles, hispanic, black or

otherwise, if that doesn't match up with what catalist produces i would question their results. megyn: it cannot be manipulated? >> cross-referenced with the commercial data. they take the publicly available data. >> i read the methodology. they can cross reference with existing census bureau data which collects some of that, and they didn't. they went for a specific race identification. to come up with a point. megyn: isn't that what they are supposed to be doing? >> it came out again i'm going with the texas department of justice on this issue. 93% of hispanics are registered. which means disenfranchisement? megyn: we can't look at anything more because we have to go. i don't feel like we solved

this. i'll have you back and we'll talk about it some more and maybe we'll get into all of this mind numbing numbers. thank you both. mind boggling. thank you very much. maybe i need a couple tylenol and i can understand it better. coming up. we are hearing claims that yasser arafat may have been poisoned. we'll talk about it. i've always looked up to my brother.

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megyn: megyn: some eyebrow-raising

claims about the death of yasser arafat after radioactive materials were found on his personal items including this toothbrush and some clothing. all lead together speculation that he may have been poisoned. he died eight years ago from what we were told was a massive brain hemorrhage. but doctors were never able to pinpoint the exact cause. >> reporter: at the time yasser arafat's widow afused to allow an autopsy. now she is sea monday those push -- now she is among those who is pushing for his body to be exhumed. the high levels of polonium showed up on his hospital gown as well as his underwear. polonium is a radioactive material. way it's possible to say is we have an unexplained level of polonium. this goes towards the hypothesis

of a poisoning but our results are not proof of any poisoning. remember the former kgb spy who turned against russia was poisoned by polonium. conspiracy theorists say arafat was killed by israel because he was an obstacle to the peace deal. >> it's difficult to judge. but you would think who would have access to nuclear elements. that's what the whole world has access to nuclear elements. >> reporter: israel loudly and adamantly denied having anything to do with arafat's death. why did she give those items to the lab eight years after he died.

still no explanation for that. megyn: we have new numbers on america's jobs crisis. we'll take a look at how big a challenge the government faces. news today on the captain accused of manslaughter after he abandoned ship in the costa concordia cruise disaster. the ship ran aground off the coast of italy killing 30 people. wait until you hear now why the captain is running around like a free man, at least for now.

megyn: we have a new look at the jobs crisis. we'll start with the first-time unemployment claims. they improved coming in at 374,000 for the week. that's the lowest level since mid-may but not enough to show job growth. look at the 4-week average and the data gets worse. that's 10,000 over where we need to be. here is the chart for job creation for every month this year. dipping from 275,000 in january to 69,000 in may. all of this is way below where we are supposed to be. joining me to discuss it, daniel

henninger from the "wall street journal" and steve forbes. two very smart guys with very big guys who will help me understand this. the jobs number comes out tomorrow. we have 69,000 for the month of may. we expect around 100,000. now they are saying it's expected to be 90,000. it's still low. it's higher than 69,000. but it's still low. >> the perspective i would use is these jobs are occurring within a $15 trillion economy that has been growing through barack obama's term at 2% or below 2%. it should be growing at a much stronger rate, especially coming out of a recession. out of a recession it should be 5% or 6%. if it were growing at 5% or 6%, barack obama would probably be

walking back into the white house. so we don't want to fall into talking about these jobs numbers as though they were occurring within a normal economy. 2% growth is not normal. the burden politically falls on mitt romney to make that point. that somehow barack obama has to convince people the economy was inherited from george bush and it is pretty much doing okay. we are so far from okay despite what this data says and it's been a rollercoaster. megyn: should we be looking at -- 374,000 jobs filing for first-time unemployment opposed to 375,000 and say we are on the right path? >> this isn't like a car going from 20 miles per hour to 25 miles per hour on an open highway. when bill clinton was running

for reelection the economy was on the mend and jobs were being created and people felt the economy was moving forward. here people feel it's uncertain. if you look at what they call labor force participation, people in the labor force, if you have the same labor forward participation today, you be employment would be 11%, not 8%, or 10 years ago it will be 13%, not 8%. people feel you may get a good bump for a more so two, but in reality the economy is not going very fast. megyn: what extent are corporations sitting on their hands when it comes to hiring. why are they doing it? >> they are doing it, we paul know they are doing it. they are sitting on lots of cash. i would say, megyn, every single day of the week the "wall street journal" carries an article explaining it. it's because of what they call business uncertainty. corporations are sophisticated

places. they can crunch numbers for all sorts of contingencies. one thing they cannot plot is significant political uncertainty. at the moment there is an enormous amount of uncertainty. megyn: what is it? obama-care has been decided. >> they don't know how the rules for the obama healthcare plan will affect them. the famous volker rule hasn't been written yet. the one that was supposed to affect the way big banks are supposed to hold their assets and capital against them. but they have not been given a definition of how that's supposed to work. megyn: regulations on these big businesses, wondering how they will affect my bottom line. >> and if obama is reelected will there be more regulations and what is the tax status of everything they do. megyn: are there big businesses

we are told are more republican aligned saying i'm not doing any hiring until november. i don't want the jobs market to look better before i get my guy in office. >> no. the ceo is worried, can i keep my job. if you are not performing you know that will cost you your job. so you want a good economy. they are making it for check reasons, not political reasons. the other thing holding us back is this crazy federal reserve policy of low interest rates. that subsidizes the government. meg already we can buy houses at lower rates. >> if you can get the mortgage from the bank. for smaller businesses try to get a loan from a bank. even if you wanted to expand, we know most jobs come from small and medium size businesses. >> you need stronger growth for

all of those investments or loans to pay off. in other words, they won't get their money back. megyn: i have to believe you are going to pay me back. >> it will only happen in a stronger economy than we have right now. >> you have regulators sitting in banks, small and large banks rent free. and looking over your shoulder. so if you buy a government bond nobody says a people. if you make a loan to a business you will have to pay for it six times over. regulator is going to ask you how do you justify this. megyn: to what extent is the fear of tax increased affecting big business? at the end of this year they are supposed to rise. both sides of the aisle, economists are predicting, that's a fiscal clip if you raise taxes even on the rich because it takes money out. >> what you see in europe and japan and maybe even this country, we haven't done this kind of stupid economic policy

since the early 30s. you have an uncertain environment and you are raising taxes in france is doing it be spain has don't. we are going to dpowpt japan is doing it. it puts the economy in a spiral again. megyn: is that real, dan or is that just rich people trying to come up with excuses for why their taxes shouldn't go up. >> there are a lot of mid-level employers, guys with 50 people working for them. they have to pay them and they have to make money and and they also have a healthcare plan they have to account for. those are the people who will sit still until november and this is resolved. if barack obama wins their costs are rise. they will come to grips with it and i think they will start doing business. if romney gets elected and pares back the regulations, we'll get a response.

megyn: thank you, gentlemen. a pleasure as always. we have a new bombshell potentially in the case again george zimmerman. we'll take a look at the medical report that's been officially released. what the doctors found in the minutes and hours after the fight with the florida teen and why a judge said he may have been going to flee the country but still set bail today. 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. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: "kelly's court" is back in session. medical records giving more details about a man accused of killing a florida teen as the judge just ruled george zimmerman can be released from jail on $1 million bond. this is his second bond. zimmerman claims he shot the teen in self-defense. he was granted bail then it was

revoked after the judge found out he lied about how much money he had in his account. the medical report details his injuries. the records document several injuries to mr. zimmerman but also show the physicians assistant felt he did not suffer lead trauma. it also shows zimmerman refused to go to an ear, nose and throat specialist even thought it was recommended. and he sought treatment because it was needed for work. jonna spilbor, panel, welcome. before we get to the medical records let's talk about the bond hearing today. mark, are you surprised the judge granted him bond? this is a full screen. listen to what the judge ruled today. although there is no record of flight to avoid prosecution this

court finds circumstances indicate the defendant was preparing to flee to avoid prosecution. but such plans were thwarted. in response to that conclusion, mark, what does he do? he gives him bond again. >> i read through this order ever carefully. 8 pages long, and nowhere does he back up his claim that zimmerman was going to take off. i watched the hearing, i read this report. i don't sight. so factually i do not agree with him. if he was attempting to flee i don't think bond would have been appropriate. megyn: whether you see it or not the judge -- all that matters at a bond hearing is what the judge believes. the judge says he believes he was getting ready to flee and said, by the way you can have bond. >> believability and accuracy are two different things.

it has to be supported by the evidence. megyn: he can post the $100,000. >> it will be difficult. they need $1 million in collateral. megyn: the court said he has the funds to pay for his release. you tell me in was evidence that he had -- he surrendered a pass ported to the court. but he had a secret other passport that was valid in a safe deposit box in addition to $10,000 he didn't disclose to the court. >> that has to be the only evidence that made the judge take the leap that he was getting ready to flee. the judge also imposed an electronic monitoring bracelet. that will prevent him from going anywhere. scenes does, probation would know about it. that probably why the judge said i'm going to grant him bond. megyn: i think a lot of judges who -- let's forget whether they

believe they have the evidence, whether they have it. he believed he had it. he believes the guy was getting ready to flee. he said i'm giving you another chance. that seems pretty kind of this judge. >> i don't know if i would classify it as kind. he imposed other restrictions. mr. zimmerman cannot leave the county. i don't know if that's kind for the judge may have been persuaded this is not a slam dunk guilty verdict at the end of the day. megyn: now, you get to the heart of the matter. the judge may be looking at mr. zimmerman as someone who is not too truthful. but that's a side issue. the real question is is he looking at a murderer or isn't he? should he put this man who may have told a fib to the court on bond in jail for who knows how long, awaiting trial or

shouldn't he? >> what this report tells me is it is more personal with this judge. i those could come portmentallize. clearly george zimmerman screws up. i those could compartmentalize that and focus on risk of flight and danger to the community. which clearly to me is separate. i think this order setting $1 million bond absent real evidence he was going to flee, to me this is punitive. he's punishing him for what he did to the criminal justice system. megyn: even though you lied to me, you talked in code with your wife about how much money you had in a bank account. up ferreted away cash. potentially to be used to flee. even though you did all that i'm going to give another chance.

i'll give you bond and maybe the theory is not as mark posits it, but i'm giving you bond because i'm not necessarily looking at you as a guy who's guilty of second degree. >> he went on the record and said this is not a punishment because everybody was going to think it was a punishment. personally the judge didn't have a choice. he could not come back and say i'm going to grant original bond not after all the lies that came through. his lawyer admits he lied. he couldn't leave it status quo. he had to up the ante. zimmerman is going to be able to post it. it sends a message. but it's the right result. megyn: these medical records have been released. we heard early reports of them. you heard some of the details i offered in the introduction. on balance, mark, are these helpful to zimmerman or not

helpful? >> i think it's right down the middle. i don't think lit have any impact on the case. yes we have a physician's assistant testifying the nose was fractured but there was no deviated septum so you didn't need to take them in for x-rays. you have evidence there is a broken nose. there was bruce together face consistent with a broken nose. what troubles me is this is looking at his head saying there is no head trauma. clearly we know there were cuts to the head. so i think that -- i don't think either side will put this on. megyn: you don't need a physician's degree to look at the pictures and say he had head trauma. >> but he said my head was pounded repeatedly into the cement. medical record show that's not consistent with a pounding. there were other interesting

things in the report. they describe george zimmerman as obese. there was a 45-pound difference between him and trayvon martin. he had a back injury that may have prevented him from getting up and fighting back and the p.a. referred to it a psychologist because of the altercation which he apparently refused as well. there is a lot going felon that medical report. not just head injuries. megyn: good debate. we'll be back with an updaten the wounded warriors we introduced you to yesterday. in. ortho home defense max. with a new continuous spray wand. and a fast acting formula. so you can kill bugs inside, and keep bugs out. guaranteed. ortho home defense max.

megyn: yesterday we introduced you to 14 american warriors.

their unbelievable strength and devotion to our country moved not just those of us here at "america live" but thousands upon thousands of our viewers as well. your wife told you when you were recovering at the beginning, honey, do you know what happened? you said what happened to me. she said do you know you lost your leg, you said yes, she said do you know you lost your hands? your response was did anyone else get hurt and she said no. and that was the end of it. your first instinct was to ask whether anybody else was hurt when you had just been told you lost your legs and your hands. we try to understand how somebody could be that strong. do you have an answer? >> when you are over there you are looking out for the guys next to you. so when something like that happens you hope nobody else got

injured while you were doing what you were put over there to do. so it's just one of those things where you are always look out for the guy to the left. megyn: they talked about the fact that their injuries were gifts because it gave them away to experience triumph. their unique conditions require help from the rest of us. specialized homes that help them live normal lives. since yesterday the stephen stiller tunnel to towers foundation tell us they have enough money to complete at least one smart home. but there is more work to be done. we ask to you join the nearly 60,000 people who logged on to the foundation in the last 24 hours and consider a donation. it's tunneltotowersrun.org.

you can also check out the gary sinisz foundation. it all goes to the same place. a party?

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[ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! a lot of viewers said they've been trying to donate at tunneltotowersrun.org. but it's busy because of all the generous viewers we have to help these guys. some of these guys underwent more than 100 surgeries, you know how long they had to wait to get to this point. hopefully you'll wait and keep try to help at this worthy website and foundation. thanks for watching, i'm megyn kelly. >> the news begins anew on "studio b" as iran tests missiles and warns the west. tehran losing billions of dollars in oil money. the impact of the iranian oil

ban coming up. the supreme court ruled a portion of the healthcare law is a tax but it appears president obama and governor romney's campaign can't agree what to call it. the lifeguard who lost his job after responding to an emergency outside his patrol area can return to his chair. that's all ahead unless breaking news changes everything on "studio b." first from fox at 3:00, a mixed bag of economic news suggests our recovery is on shaky ground. the labor department reports the numbers of americans filing first time jobless claims fell to 374,000, the lowest in more than a month. if it stays below 375,000 it's a good sign hiring is strong enough to lower the unemployment rate.