jenna: it's much easier without the traffic. jon: he is set to drive in the grand prix in america, part of that race in new jersey. thank you for joining us today. jenna: "america live" starts right now megyn: new evidence of a dramatic shift in voter registrations and this could become one of the big stories of the 2012 campaign. welcome to "america live," everyone, i'm megyn kelly. a new voter -- new report i should say on voter registration trends raising serious questions about this up coming election. a left-leaning group looked into voter registration in eight key battleground states. it found that more than 800,000 democrats have dropped their party affiliation since the last presidential election year. the republicans are also down, but the losses are small in comparison at just 79,000 to the democrat's 800,000. in what could prove to be an even bigger story here, the

independent voters, their registration numbers are way, way up at nearly half a million, 486,000. chris stirewalt is our fox news digital editor and host of fox news live. we are talking about critical swing states that helped barack obama into the presidency of three and a half years ago, and now the democrats seem to be leaving the party in mass numbers, and it seems like most of them are becoming independents. what does it tell us? >> it tells us that a -- we should point out some of those folks are going on to the great ballot box in the sky. [laughter] >> they are -- here is what is important, they are not being replaced. americans think differently politically now than they did 60 years ago. party affiliation is much weaker now. people are much less likely to feel the need to affiliate with a party, we are becoming a majority independent nation. what this does tell us is that president obama did, in 2008, do a remarkable thing, he changed

the face of the election threat with a massive registration drive, with the help of groups, including acorn and others that went out and drew new registrants into the process. he increased the registration of young american, particularly african-american numbers. he changed the election threat and that helped him win. this time the electorate is changing and it seems unlikely that the president can squeeze out another round of voter registrations for young people. with people leaving the democratic party and going independent that is a strong sign that not only is the president not registering new people, but there is actual dissatisfaction and actual anger inside the party that people go to the trouble to go down to the registrar's office and change their registration megyn: that's what i want to ask you. in the state of florida they say that the democratic registration has declined by 235,000 voters. the republican number remained about the same, actually they gained 19,000 voters and the independents grew by 8.2%. does this mean that folks who

are living in florida, these 235,000 folks as you say, some in the great ballot box in the sky, god rest their souls and others just what, actively change their registration? >> yes. >> if they've gone 235,000 it seems someone has gone down to dmv or their polling station and says i no longer want to be a registered democrat. >> you remember the columbia record club, they would not let you out. they kept sending you cd's whether you wanted it or not. political parties are like that. you have to do something really proactive by the relatively low standards of american civic life today, go down to the office and say, this is me and i don't want to be a democrat any more. that is an unusual action, that is something you will have to have a real reeling in your heart to want to go do, to be motivate towed take your lunch hour, go after work or fight traffic to go do that, and people do it. that is a sign. but the worst thing for the president is this.

that he's not going to be able to get a boost. when we look at other states, iowa in particular is fascinating, republicans have been very successful in their ongoing voter registration drive. remember this. the republican national committee in 2010 was not in a good place to be doing these on the ground, get out the vote at registration efforts. they are in much stronger position to do to that now. they are going to be active. democrats topped out in 2008 and that is the natural come down and that does not bode well for their party megyn: they have been putting a lot of effort into the registration drive and so on the democratic party. they say the numbers are not panning out in north carolina, colorado, nevada, new mexico, all of which are posting double digit percentage gains in the number of independent voters and declines in the number of registered democrats. we will see how it affects things, less than 12 weeks away. chris stirewalt thank you, sir. >> reporter: you bet megyn: the newly minted republican ticket enjoying a big boost in campaign

donations since governor romney announced congressman ryan president bush as his running mate. the campaign says it has managed to raise over $10 million in less than a week. it also says that money comes from nearly 125,000 donations. and that the majority of those are from new donors inspired to contribute to the romney-ryan ticket. we've got new video from the mideast today showing israelis making preparations as the drumbeat of a possible war with iran gets louder by the day. the government there again handing out gas masks to israeli citizens at distribution centers across the country. israelis lining up in case tel-aviv does decide to attack iran's nuclear facilities and the islamic regime then retaliates. here a man holds a baby who will be fitted for a gas mask. this is becoming life in israel as plans ramp up. many others are concerned that

the country is not ready for a counter attack by iran. take a listen to this man from jerusalem. >> the home front is still not ready. there is a lot to do on the topic. the shelters are in a very bad shape. there is a lack of food. unfortunately people are starting to panic. we must keep our heads. megyn: and here is what israel is up against. in iran demonstrators venting their fury against the jewish state. they are marking jerusalem today, protesting israel's control of the holy city. iran's president ahmadinejad says israel's existence is a quote, insult to all humanity. what a situation in texas. they are now launching an all-out air assault against the worst outbreak of west nile virus in the country. planes spraying chemicals targeting disease-carrying mosquitos overnight. ten people died in dallas, hundreds more have contracted

the disease. residents are raising questions about the health impact of the pest sides being used to combat the problem. with hot dry weather gripping much much the country texas is not the only state having to make these tough decisions. casey stegall is live at white rock lake in dallas. >> reporter: more than 400 confirmed cases in fact of west nile virus in tension a texas alone. the lone star state not the only one. take a look at the map from the cdc that shows where all the cases are cropping up. 59 in mississippi. 52 in louisiana. 49 in oklahoma, and 32 south dakota, the top five states. nationwide 26 people have died. all of these numbers according to the centers for disease control and prevention the reason an early spring and extremely hot summer, and doctors at the c dc say hot weather both increases mosquito populations and also causes more of this deadly virus to build up in the glands of the

mosquitoes. this is the first time that dallas has sprayed insecticide from the air since 1966. last night two planes taking to the skies over the zip codes hardest hit and the success rate we understand of killing infected mosquitos is high with aerial spraying versus traditional ground spraying. >> i know that last year after an application in kentucky that we did after the flooding there we had an 88% kill rate. in boston i think they just had something along the lines of 60-some percent. both of those are very strong indicators that you're going to knock down significant portions of the population. >> reporter: on the other hand there are large portions of the population here who have extreme health concerns. a lot of people taped up their windows last night, turned off air-conditioning saying they feared that they were going to be poisoned with this insecticide dropping from the air. however, megyn, the scientists both at the environmental protection agency and the c dc insist this is safe and this is really the only option left as so many people have satisfactory

kaoupld to this deadlhave succumbed to this deadly disease. megyn: governor jan brewer is trying to head off a program that grants privileges to young illegal immigrants living in the united states. in three minutes we'll investigate whether other states are likely to follow her lead and look into the likely push back from the doj. and a court ruling in the land of the iron curtain generating angry reaction worldwide in a case that has captured attention across the globe from madonna, to sting, to paul mccartney, the united states government, the white house just weighed in on this. we will have a live report on the fate of the female punk band that was on trial for a 40-second protest against vladimir putin. and new signs that you didn't build that may be built to last. remember the president's comment? two local business owners in separate part of the country sent the president a campaign trail message about who really

built their business and how upset they still are over those remarks he made more than a month ago. is this issue bigger than many folks realize? and does the white house need to do more to make it go away? >> if you've got a business, you didn't build that, somebody else made that happen. >> very simply, you didn't build that, speaking of small businesses, and entrepreneurs all across the country. actually last night my wife was up all night long, did shoot sleep. she's worked a full 24 hours. [ male announcer ] this is anna, her long day teaching the perfect swing begins with back pain and a choice. take advil, and maybe have to take up to four in a day. or take aleve, which can relieve pain all day with just two pills. good eye.

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megyn: some upsetting news from afghanistan today on a disturbing trend there. we have to report on yet another deadly attack by afghan forces on u.s. troops. a newly recruited afghan policeman opens fire in the western part of that country killing two u.s. service

members. the assault coming moments after the americans handed him his weapon in a swearing in ceremony. this is the 7th time that a member of the afghan security forces has attacked coalition members in just the past two weeks. >> it's an issue that the obama administration created, and i'm not responsible for that. i certainly believe that what the obama administration, when they issued their amnesty that it was, you know, not right, it wasn't proper. i think that it should have gone through congress, i think it should have been determined by the elected officials. megyn: that was arizona governor jan brewer lashing out at president obama's administrative directive deferring deportation efforts when it comes to many young illegal immigrants, maybe a million or so young illegal immigrants. they don't get citizenship but they have a pathway to getting work permits and the government

telling them that it will not move to deport them undermost circumstances. now governor brewer has signed an executive order of her own preventing many of those same young people from getting any public benefits in her state. this is not the first time that president obama and governor brewer have publicly butted heads over the immigration issue. you may remember this photo from last january when the two came face-to-face at an arizona airport. but will governor brewer's latest stand against the administration spread to other states? and what will this do to the president's directive when it comes to these young, illegal immigrants? joining me now francisco hernandez an immigration attorney and advocate. and steven camarota who is director of research for immigration studies. in your view does governor brewer have the right to do this? >> i find it tough how she talks

out of both sides of her mouth, and she says that president obama doesn't have the power to do his executive order, but she does the same thing. of course she can, that's within her per screw but she is cutting off her nose to spite her face. quite frankly even now arizona doesn't give driver's licenses to undocumented. she is not changing anything, this is just a political soapbox. the fact of the malts is all she will do is continue young men and women driving without insurance because they can't get a driver's license and hitting people and not being able to pay for it with insurance. second, are we also going to give back all the money we select from traffic citations and state surcharges that we atlantic every single day because they don't have driver's licenses? there is a lot of contradictions that don't make anything but political sense. megyn: francisco is conceding that she has the right to do this. steve, but the aclu of arizona does not seem to be conceding that, and some other democrats out there who have come out and said that her office is simply wrong, and that once these folks

go through this process at the federal level of obtaining their work permits and so on, that they do have authorized presence in this country and they should be eligible, they are legally eligible to apply nor arizona state i.d. there seems to be a legal challenge coming our way, steve, and how do you see it likely to resolve? >> it isn't just this question, should they get in-state college tuition and qualify for welfare benefits? what the governor of arizona is essentially saying is look we have a limited amount of resources for in-state college tuition. these are individuals who are not legally in the united states. what the federal government is saying, is we're not going to deport them right now. but are they entitled to say in-state college tuition at a time when the state's struggling to provide for its legal residents? what the governor is simply saying is no they don't get in-state college tuition. i think that makes sense to most people but there might well be a court battle about it. but it generally does look like

the governor has the authority to say, look you're still not a legal resident, just because they said they weren't going to deport you. it's true that the administration has gone to the next step and is giving work authorization but that in and of itself is not legal residence either skwraoeut doesn't mean that she has to give them driver's licenses if they apply, steve? >> right, it doesn't look like she has to. this could be hashed out in the court. should they qualify for welfare benefits? it doesn't look like they do. megyn: what is interesting francisco is we're going to see this on a wider basis. do you believe this more states that believe like jan brew err are likely to follow her lead? >> quite frankly, only two or three states give untkoeplted folks driver's licenses now. we don't not result of what the executive order is going to be. i don't know why people get so offended that they are giving them work permits. we do it all the time with drug traffickers that cooperate with the government by every administration in the past, you know, couple or three decades. it's not unusual.

the problem we have here is for different reasons both sides agree that the federal government needs to act. governor brewer passed those silly laws a few years ago supposedly to force the federal government to act, and quite frankly neither side has acted on the congress. so president obama did what he could, within his constitutional power, to withhold these deportations, that doesn't give them welfare or any social services. we are not even there yet. megyn: she didn't like that, what he did and she is trying to find her own sort of way around it. steve, last question to you. one of the state reps out in arizona came out and said her actions, governor brewer's actions are quote, mean-spirited. does she run a risk of looking mean? >> well, i do think that people who came to the united states as children do represent a sympathetic group, and we might legally not in the kind of unconstitutional way the president has done, but we might want to think about some kind of legal status for them, but congress so far has rejected the bills proposed by the president.

they voted one down actually in 2010. what the president essentially has said is i'm going to ignore congress, i'm going to implement this by executive fiat, and now we're seeing all the cascading series of consequences of that. because it creates all this ambiguity, all this unknown, all these legal challenges because he decided to circumvent the constitution and not go through the legislature, he's just done it on his own. megyn: steve, francisco, thank you both so much. got to run. thank you. >> i agree with him. megyn: see you soon. all right. coming up a child beauty pageant sparking headlines nationwide. a mother dressing up her little daughter as dolly parton, complete with the country singer's hour-glass figure. "kelly's court" looks at why that has now touched off a major custody battle between the mother and the child's father. plus, when john corziene's investment firm went belly-up the government invested billions. what the government decided do

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megyn: major developments in the investigation into an investment firm that collapsed roughly a year ago costing investors billions of dollars. according to sources close to this investigation the justice department is unlikely to bring any criminal charges against the firm's former chief, former new jersey governor john corzine, or against any of the other top executives at mf global. chief intelligence correspondent catherine herridge is live in washington with more. catherine. >> reporter: thank you, megyn and good afternoon. a short time ago we were told that the justice department and the u.s. attorney's office for the southern district of new york, that is the office directly handling the case will

have no comment on the report that was first carried in "the new york times" that this criminal investigation by the justice department into mf global may conclude without any criminal charges against the key players. this investigation is now in its 10th month and has gathered evidence that apparently reports no pattern of strong controls but rather poor risk controls and systemic disorganization n. recent testimony on capitol hill the former chief of the firm as you mentioned senior democrat former new jersey governor and former senator john corzine claimed he was in the dark about the problems. >> as the chief executive officer of mf global, and i say this with all sincerity, i truly apologize to all those affected. i want to be clear, i never gave any instruction to misuse customer funds. i never intended anyone at mf global to misuse customer funds. >> reporter: in an email before the collapse of mf global sore dine was more upbeat about its

future writing to employees in january 2011, quote let's be an example of how to do it right and play a leadership role in restoring confidence to our history. during the december 8th hearing lawmakers questioned whether corzine and other executives were offering a complete accounting of what happened. >> this is a glaring, glaring example of why the american people are rapidly losing faith in our ability here in washington to get our hands around this. >> it's estimated that as much as $1.2 billion in customer money is missing. i know that every member of this committee, and certainly customers who are here today, and those across michigan and across the country, would like to know what happened to that money. >> reporter: for some context if the mf global investigation does end without a criminal prosecution it will become one of the largest financial implosions since 2008 and yet

again none of the principals are held responsible though analysts say they could face severe civil penalties as a result. megyn: thank you. a court ruling today in the land of the iron curtain sparking angry reaction around the globe. the fate of three female members of a punk band who staged a protest against vladimir putin in a cathedral for 40 seconds. we learn today. two local business owners send being the obama campaign a not so subtle message expressing frustration over president obama's, you didn't build that comment. could this be a much bigger issue than the obama team realized? a controversy over a similar bolf inspiration found in the rubble of the twin tore us. we will speak to the atheist group that is trying to get the so-called 9/11 cross removed from the september 11th memorial museum as well as a first responder. >> just before dawn on september 13th 2001 as workers searched through the ruins of

the world trade center a 20-foot high section of steel beams shaped like the cross was find. throughout the recovery effort at ground zero ... ♪ the one and only, cheerios

>> if you are successful, someone along the line gave you some help. there was a great teacher somewhere in your life.

somebody helped to create this unbelievable, american system that we have that allows you to thrive. somebody invested in roads and bridges. if you have a business, you did not build that. somebody else made that happen. megyn: up as president obama. more than a month ago in a speech that did not sit well with many small business owners. in fact, this issue came up again in two separate incidents on the campaign trail this week. the first involved the coowner of an iowa deli. he was hired to cater an obama campaign event on wednesday. when he did it come he made his sentiments known by wearing a t-shirt that you see here with the message, government and build my business, i did. as the owner of a small bakery in virginia, he said no to vice president biden staff if they asked them if they could have a photo op at his new store. he explains his decision this way.

>> he said they have selected my store to be a stop on his way here. and was wondering if this is okay. this is an opportunity of a lifetime. i said no offense to you or the campaign, but i decline knew coming in here. >> at that time she said there will be a lot of press. >> very essentially, he said he did not build that, speaking about small businesses and entrepreneurs across the country. my wife was up all night long and did not sleep last night. she worked a full 24 hours. megyn: that is chris mcmurry, owner of the crumb and get it bakery. and we have chris here to talk with us. you know, he is a regular american guy. only been open for three months.

he rejects an offer from the vice president -- a photo opportunity, in what seems to be a sincerely held offense to president's comments. do you think of this issue is likely to resonate from now until november? >> well, i can tell you some people that i have spoken to. small business owners on my radio show. a lot of people are deeply and profoundly offended by the president's statements, which were so far out of line with the experiences of individuals like this guy, the baker, if he is being called now. i think it affected people very deeply. people who who may have supported president obama four years ago. people who were personally insulted and took umbrage with the suggestion that it is not their hard work. it is somehow the government who

is responsible. they have to be beholden to someone else. what we are seeing is a tiny revolution. chris, the baker, standing on his principles. he said thank you, but no thank you. very respectfully. there are little revolutions like this going on all over america. people taking umbrage with this and other comments that the president has made. megyn: they set the crumb and get it bakery come after this became a national story, the line was out the door. they had to close later in the afternoon. they ran out of food because so many people came out to sure their support. >> they probably went to check layperson went there for dessert. >> right, right. >> this is where people are gathering politically around food. what these people who don't like

the president obama said that they are choosing to be offended.. you play the whole soundbite which indicates that president obama -- unionville.alone -- you had roads and bridges and transportations, you had mentors and education. that is the point that the president was making. when mitt romney did an advertisement about this and featured someone in the advertisement, the person featured in the ad.tax subsidies and coupons. megyn: it sounds like you're saying that mr. mcmurry is too stupid to understand what obama meant. >> not anybody is paying attention to the whole context. >> why can it be -- why can't be that he did appreciate the whole context and was offended? megyn: i will throw this out there and i will let you take it, chris. he said in the clip, last night, my wife was up all night. no sleep. she has worked a full 24 hours. talk about the context of president obama's remarks.

listen to the context. in the wake of what mr. murray said. >> if you have been successful, you didn't get there on your own or it you did not get there on your own. i'm always struck by people who think that it must be because i was just so smart. there are a lot of smart people out there. it must be because i worked harder than everybody else. let me tell you something. there are a lot of hard-working people out there. megyn: chris? >> it is even more insulting in context. allen continues to make the argument that somehow we ought to be beholden to them because they paved the roads. we pave the roads. >> we don't owe the government for that but not all this build small businesses. i am glad you mentioned chick-fil-a. aaa is a pretty good example that you're talking about. they are a good example of what

the media covers and what they don't cover. chick-fil-a was a minor revolution in america. it is an example of. [talking over each other] >> the point is those schools that we all pay for, those mentors that we all have -- the people who help us all, both mitt romney and paul ryan, they got wealthy because of government. >> that is ridiculous and outrageous. >> let me finish my thought. paul ryan got government contracts, that is how his family got rich. bain capital has government tax rates -- when it would buy a businessman what you did in kansas. >> wow. >> they won't ignore what they get from the government. the reason things -- and a lot of it is luck. people get successful. >> well. megyn: okay.

[talking over each other] >> keep making that argument. okay? keep peddling that stuff. the secret service detail with vice president biden, went in to see chris the baker after he rejected the photo op joe biden and they got as much as they could. that tells you something about the relationship. >> you were playing a game. [talking over each other] megyn: okay, okay. guys -- see you soon. coming up after this break, controversy over a symbol of inspiration. found in the rubble of the twin towers. an atheist group tries to have the 9/11 cross moved from the 9/11 museum. we'll we will also hear from the relative of a 9/11 victim who escaped from the danger himself. and a dog survived eight days

the top a 13,000-foot peak. we will tell you about the rescuers brought her down and expert questions that they have to the owner who said he was forced to leave her behind.

the

>> this is a test

>> the people behind the museum at ground zero are sticking to their symbol. defending the display of the steel cross found at ground zero. they are asking the judge to toss out a lawsuit that is demanding that the cross be removed from the museum. this is the unforgettable image found in the wreckage from that horrible day. steel beams sheeplike across. and inspiration in the middle of a tragedy. the steel cross as part of september 11, memorial using them. a national atheist group has sued the museum, calling the display of this figure unconstitutional. joining me now is the president

of american atheists. and we will be joined by a 9/11 family member afterward. welcome to the program. the museum has moved to dismiss her lawsuit, saying that your biggest problem is you have not -- they are a museum. it is not their jobs to make sure that all faiths are represented. it is their job to chronicle history and this is part of history. >> this is a public museum on it on public land. when we look at the 9/11 events, we see what captured the hearts and minds of all americans equally. it wasn't a christian event. but that they are taking this opportunity to put in a 17-foot tall steel monument to christiana -- christianity. and they have the gall to say this is not a religious event. well, american atheists differ. they have just as much ownership of this museum is everybody

else. a lot of atheist died on 9/11. we demand equal representation. megyn: you did not have a symbol that was found in the wreckage of ground zero. if there had been, i know one of your relics had been found, they would likely display it. but none was. >> no, that's because there are no symbols of atheism. there are symbols of christianity in the shape of crosses. everybody knows that the cross is a symbol of christianity. everybody also knows that the world trade center was assembled out of the cross beams. that does not give christianity the right to assert the nation and have a memorial to itself international oil. megyn: isn't a memorial or an artifact of what was found -- in a place where people went to gather and meditate.

>> it is a piece of scrap metal that is religious. the only the only artifact from a disaffected people prayed over it. it is a religious icon. it has been deified. jesus had been carved into the top of it. everybody knows it's a religious icon. frankly, we find that assertion offensive to us. megyn: so if a church had been destroyed and the altar was found amidst the rubble and they wanted without altering museum. would you have a problem with that? >> no, that would be a piece of history. this is just a steel girders that has been turned into an icon. aftermarket, after the event. by christians who wanted to get this installed in the memorial to the exclusion of everybody else. and i want to make something clear. we are not asking or demanding that the cross be removed. we are demanding equal representation. megyn: i know, i know. >> they will not allow us because of bigotry. megyn: you claim that this is causing emotional distress to you and other atheist and

dyspepsia and headaches. really? >> i think it's important to know that when our rights are trampled, -- >> you're not answering my question. who is suffering dyspepsia and headaches? will they testify to that and would do so in a court of law? >> yes, and they will argue that the cross is christian as well. megyn: always a pleasure, thank you for coming on the show. for others, the religious timbale is so much more than that. joining me now to talk about the other side is joe connor. he lost his cousin on 9/11. he fled the attack in downtown new york with his brother. good to see you. what are your thoughts in response to what you just heard? >> i am angry. i'm angry that we are forced to defend us. this is an artifact.

maybe that's what he wants to call it. it was founded and inspired inspiration among those people who are down there at ground zero. it is part of the tradition of what happened that day. whether he wants to deny that it is religious symbolism or he wants to call it religious symbolism, it is relevant. it is important to the people who were down there at the time. it would be like saying the u.s. arizona should be destroyed because people have gone there to pray for the people at pearl harbor. when he displayed a little bit about my story on that day. i was in the world trade center that morning. i went to with my brother as we commuted everyday. after the first plane hit, i tried to call my cousin, steve. i could not get him, of course. i finally got my brother. we met on water street. as we were walking north, i ran into a friend. a colleague of mine was crying hysterically. she happened to be jewish for the first place we went to was st. patrick's church in the middle of little italy. the three of us adumbrated. she was jewish, i am catholic.

it did not matter. there was prayer that day. that is what we did. megyn: david and his group say that that is fine. you can have the cross to memorialize that piece of the 9/11 aftermath. but they want something to reflect their beliefs that religion is a big hoax. he says 500 atheists died on 9/11 and their beliefs or lack thereof should also be reckoned to us and represented. >> he also said that there is a symbol of atheism. i don't know what he is proposing. all i know is that we have assembled their that was inspirational for people. the other part of it is talking about this is unconstitutional. the constitution doesn't talk about that. it talks about establishing religion. if i could read a quick quote from george washington. he said if all this leads to the religion and plurality and these guys are trying to destroy the

sport a little bit at a time. they do it by frivolous lawsuits, bringing down our society and dumbing us down. and they try to make it a little bit easier. our country needs to stand tall. they are destroyers. you know, it's a much easier to destroy things than it is to create things. we saw it on 9/11. the buildings took years to build. there was one street in our town where you could see it going up. it was destroyed in one morning after taking years to build. they are trying to destroy our society and leave a mess in its place like 9/11. i am so grateful to the people in america and new york would have enough and stood up for this. let us live our lives. you can be an atheist if you want. just don't stop the rest of america from doing what's right we want we will see how the judge rules on response to what was his file. thank you so much. all the best to you. >> thank you.

megyn: last president obama took questions from the public, he ticked off some people by saying that the economy is fine. we have more coming up at the top the hour. nah, he's probably got... [ dennis' voice ] allstate. they can bundle all your policies together. lot of paperwork. [ doug's voice ] actually... [ dennis' voice ] an allstate agent can he do the switching and paperwork for you. well, it probably costs a lot. [ dennis' voice ] allstate can save you up to 30% more when you bundle. well, his dog's stupid. [ dennis' voice ] poodles are one of the world's smartest breeds. ♪ bundle and save with an allstate agent. are you in good hands?

megyn: a fox news alert. on a series of protests breaking out in different cities around the world today. as the sentencing in russia sparks outrage. a russian judge sentencing three women from a punk band who pulled off a provocative it's done against vladimir putin, the russian president. sentencing them to two years in prison. they were arrested in march after bursting into moscow's main cathedral and calling to the virgin mary to protect the russian people from the president, vladimir putin.

greg is following the story in london. reporter: when that sentence was delivered, it was a difficult and long preceding. the three young female members of that punk band stood inside a glass box in the courtroom for hours, smiling, bemused that the two-year sentence is less than they could have gotten. but it is still quite long, considering the shortness of the protest. they were found guilty of hooliganism, motivated by religious hatred. they performed that punk rant in the most sacred place in moscow. it was mostly against vladimir putin. that is why many think that he had a hand in the verdict today. since being elected again as russian president, he has cracked down on this. outside, there were protests for and against. some people were not happy with what they did. but there were dozens of supporters who were arrested.

the u.s. embassy granted this is disproportionate. it was echoed around the world. there were protests in paris and barcelona and london. dozens of cities. support coming from pop stars like madonna and paul mccartney. lawyers for the women say that they will appeal the decision. it is thought they will not be successful. vladimir putin is too busy getting a firmer grip on power in that country. megyn: thank you. coming up next, ambassador john bolton is here. new questions about john blighter putin and what you estimate on this crackdown. anna. megyn: two months after president obama blasted questions from u.s. press corps, those reporters are starting to push back.

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megyn: fox news alert growing frustration from the white house press corps over access to the president of the united states. the last time he took questions from white house reporters at home he made the private sector is doing fine remark that has proved to be controversial and twhawts in early june. in the two months since he has spoke with "entertainment tonight," "people" magazine and plenty of local tv and radio stations but not the folks who get paid to ask him the toughest questions. some of those same reporters raised this issue. more and more have been doing it in recent days during the white house daily press briefing

including one reporter who asked about an interview the president did with a radio station in which he was asked about local food. what superhero he would like to be and more. >> he was asked questions about what superhero he would like to be. [inaudible] some of these larger issues, medicare, the issues vice president biden brought up that came under scrutiny. >> anybody who has listened to what the president has said on the campaign trail, the president over the course of this week has done three and four events a day where he's talking about issues he thinks are at the top of the political agenda that are so critical to the future of this country. megyn: chief white house correspondent ed henry was at the white house. you looked bemused as that

question was being asked. as important as it is, what superhero the president would like to be, there are some real problems facing this country right now. we had a couple dismal job reports, dismal gdp reports and serious foreign policy issues, and jar and iran, what d -- syria and iran, what's happening there. >> reporter: i was smiling because i think the president picked a superhero that would know every language. but there are a lot of serious issues going on. i covered president bush as well as president obama, and sometimes you will go weeks without seeing them for a news conference or for a whole series of questions. but 8 weeks now is a particularly long time especially when you are in the middle of a presidential campaign. the heat of these campaign where the big issues like medicare and jobs are out there. jay carney was saying the president wasn't focused on what

he calls distractions like vice president biden's comments. that's why josh arnett who was filling in more jay carney -- this is his response. >> the president has spent a lot of time answering questions from journalists across the country. he spent a lot of time talking publicly about the issues he thinks are at snake this election and worthy of an important political debate about the future of the country. that's something he feels a responsibility to do. >> reporter: i was on the road with the president in iowa, he gave policy discussions as well as campaign rhetoric. he sat down with people in iowa where he talked about farm policies. then he sat down with

"entertainment tonight" an was asked what kind of smart phone he has. >> i still use my blackberry. i have an ipad that i use. a lot of it is configured in way to preserve national security. i don't -- i don't sent too many things out that it won't expect to be published in the newspapers. >> reporter: i asked josh earnest if he has super powers that could tell us when the president would hold a news conference. he said he did not have any super powers. so he will continue to get these questions nell come out because there are big issues out there. megyn: the reason he sits down with "entertainment tonight" and talks with people, they are softer interviews and you get the human side. there is a place for that, but there is also a place by having difficult questions asked by the white house press corps.

why is it not good to sit down with local news anchors and reporters. why must he subject himself to the washington press corps. >> reporter: they tend to get a few minutes with the president. the first couple minutes are about the local issues. the questions tend to be softer because they don't get to sit down with the president very often. so there will be fluffiness, if you will. he's entitled to talk to whoever he wants. he can do some local and national and face the tough questions. and i believe the romney-ryan camp has also sat down with "people" magazine. they want the softer side out there, too. but mitt romney had a press availability in south carolina there, so there is a mix there, megyn. megyn: what really behind the president's decision not to come out and speak to the white house press corps? we told you before he had a bit of a flub when he did it the last time. the president has gotten himself

in some trouble when he goes off prompter in the past. we'll have a fair and balanced debate about whether that is behind this decision or something else coming up in just a bit right here. there are new developments in the backs and forth over mitt romney's taxes. governor romney trying to put the discussion at rest. the president's campaign manager telling romney's team leader in a letter. if the governor will release five years of returns i commit in turn we'll not criticize him for not releasing more. this comes a day after governor romney says he has paid a tax rate of at least 13% per year over the past decade. his campaign manager responded to the request from the obama campaign saying it's clear president obama wants nothing more than to talk about governor romney's tax returns. if the tax returns are the core

message of your campaign there will be ample time for the president to discuss them the next 81 days. the white house expressed concern about events in russia and a court's decision there to give two years jail terms to three young female performers on trial for protesting vladimir putin. authorities call the protests hooliganism driven by religious hatred because they staged it in moscow's main cathedral covered in masked. they called for the virgin mary to protect russia from the newly elected president. demonstrators coming out in tel aviv, paris and belgium while russia watchers say there is a message about mr. putin's rule. ambassador john bolton is the former ambassador to the united nations and a fox news contributor. these young women are not fans of putin.

they have been trying to make a message in a controversial way to draw attention to what they believe is too much of an iron hand in the russian government. for that the message one could argue reinforces their original opinions in the first place, ambassador. >> of course it does. vladimir putin is trying to create what he has called in the past a managed democracy. managed by him. there is a certain amount of freedom of speech within limit. limit that he determines. this is true in the artistic area and certainly true in the political and journalism areas. this trial, this decision by the judge i think all intended to sernld signals there are limits that president putin is not going to see exceeded. megyn: there is talk about whether this is a barometer of vladimir putin's tolerance of dissent. does he have any? >> i think he's got a little bit. in the last presidential election don't forget, he, the

communist party candidate and got 87% of the vote. 87%, even with some irregularities. the more westernized parties got 13%. so there is a base in russia. we find this outrageous. but there is a base of people in russia who think that this group whose name we won't say on american television apparently, desecrated that cathedral and it's not so much that it was an anti-putin message as they save the as anti-religious. putin may be gang politically from this hard line. megyn: they said his approval ratings fell this month over in russia. they are the lowest they have been since the mass protests after he was elected and the russian opposition to putin is growing and feeling galvanized over this case with these three punk rockers who have become a

national symbol for opposition to his policies. >> it's possible it's also possible that the 70% of the russian population who says they are russian orthodox will rally to his side. the unnamed young ladies said they would refuse a pardon by putin. i think it might be interesting to see what putin does. i would pardon them on monday and see if they want to get out of jail. i think he played this better than the west gives him credit for in the context of russia. i'm not defending him. i'm just saying from his perspective. deep inside russia i think it's going in the other direction. megyn: they could have gotten 7 years in prison. the prosecution was recommending three. they got 2. they get time served because they have been in jail since february. they are going to spend two years in jail for a 40-second

protest. president putin said he pleased they should not be treated too harshly. could he have influenced things more prior to the verdict? off course. the judiciary in russia is not independent. a 2-year prison sentence. they didn't own that cathedral and many people can say they deserve a fine or slap on the wrist. but i think putin was trying to make a point. the point was that that's a limit he's not going to see excited. that's why i think -- that's why i think it has benefited him politically among his base constituency. he could turn things around even in the west by granting a pardon. megyn: they could have slapped them with an administrative fine. i look at situations like that and think god bless the u.s.a. >> absolutely. megyn: talk to you soon.

coming up, a so-called stage mom is back in the national spotlight for dressing up her young beauty pageant daughter in a dolly parton-style costume complete with enhanced curves. "kelly's court" will look at whether the risky runway decision could cost her her parental rights. a nightmare scenario is playing out on many syrian cities with no end in site. steve hair gains one of our many reporters in the middle of it all. >> welfare attack ads are starting to sway voters in swing states. he claims the president is taking the work requirement out of welfare. he denies that. >> he removed the requirement of work from welfare. it is wrong to make any change that would make america more of

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>> i was not a supporter of the federal plan designed in 1996. >> july 12 he quietly ended work requirements for welfare. megyn: that part of a romney campaign ad buy running in swing states like ohio, florida and virginia. some political writers are starting to suggest whether these ads -- the suggest that these ads are resonating with voters in some key battleground states. but are they true? joining me now, brad blakeman, and mark hannah, an aide to john

kerry and barack obama's presidential campaigns. this is getting more and more attention. mitt romney does not seem to be willing to abandon this line of attack. even though politifact has give up it a pants on fire and at "washington post" has give up it four pinocchios saying obama is not trying to strip the welfare requirement out of the welfare program. >> more of the attack on the ads is not on substance but on the president's image. that his image is on the screen too long or he's dividing the american people by the images superimposed on the copy. the ads are true. barack obama sought to strip the clinton work requirement from welfare. why is he doing it? because there is no more unemployment benefits, they have been extended the longest they have in history temperature to make up for the checks that are

going to stop the president instituted a new policy, where there is no work requirement for welfare. he's allowing states to waiver out of the work requirement. similar to what's been done with obama-care. over 3,000 waivers the president has granted and picked and choose who is going to follow the law and who is not. the people most hurting in this economy are the people who most supported this president in the inner cities. and instead of creating opportunity web's creating dependency. the ads are true and the facts are there. megyn: as i understand it when president clinton reformed welfare, he said there are some limitations. you can't get welfare forever. you have to show that you are trying to get work and so on. what president obama is doing is granting a waiver to states that allows them to change the rules

of how their success under the program, their success in getting people to work will be measured. the right says that will lead to laxity when it comes to work and the left says it will help more families get jobs. what say you? >> i say that you can take brad's word against independent fact checkers who have said these ads are blatantly false. i think what barack obama is trying to do is give states flexibility to be able to apply for waivers. these are republican governors predominantly applying for these waivers. mitt romney when he was governor of my home state applied for a similar flexibility. sow it seems hypocritical for him to say these waivers are somehow hurting welfare to work programs when the waiver that they are applying for has to show that by at least 20%, welfare recipients are going back into the workforce and this

is why the barack obama policies is strengthening welfare to work provisions, not weakening it. this is a major diversion. most of your viewers watching at home are concerned about their own employment prospects. the employment prospects their kids, their friend and neighbors. not necessarily fixated on poor mothers and whether they are getting jobs. they want to know whether they themselves are going to get jobs. that's what mitt romney should be fix eight on if he wasn't fix eight on the battles of the early 90s. megyn: barack obama did this. the question is what did he do? is it as romney claims or is it not. there was a question raised about the state of nevada which is one of the states that wants to discuss making its welfare system more flexible. they want one of these waivers. they say that the families who are hardest to employ could perhaps be exempted from the

work requirement for six months. while nevada works with them to stabilize their family situation and get them better prepared to try to shoot for jobs. other side says that's exactly what we are talking about. they are now going to have six months where they don't have to try to get a job where their welfare checks show up. but might that be a situation that is warranted where the state works with them to stabilize their situation. >> nevada is a battleground state. they are seeking to relax work requirements in order to keep people on the government payroll. er in not creating job opportunities for people, they are creating the opportunity that for them to say idle for 6 months and escape the provision of trying to find a job. the government isn't interested in finding these people a job. if they were, then the president wouldn't be able to try to relax the work requirement. he would be trying to relax it. >> how can you be so cynical to say the government doesn't care

about jobs? >> this president rules by fiat by executive order. megyn: we have a hard break in 5 seconds. we'll be right back.

megyn: new developments on a nightmare scenario playing out on the streets of syria. the town of azaz completely leveled after air strikes by government forces. a look at how a few of the remaining residents are coping since wed days attack. act border in turkey can syrians are fleeing to escape the violence. steve? >> reporter: the u.n. is

warning 1 million syrians could face defendant tietion. they left their houses looking anywhere for a safe shelter to get away from this war. they leave on foot. one arm for a child. the other for possessions. some north to the turkey border. others south like this family to recover their dead. an air strikes by a government warplane chained the geography of azaz. a brother on a front step yesterday, how can be found only on a cell phone. the government attack on civilians has successfully emptied a town controlled by the rebels. but it failed to break the spirit of resistance. now i'm a fighter he says, i'm ready to die. that man used to work in a market. now he says he will be a full-time fighter after this

attack. megyn: coming up, a mother in the hot seat after dressing her little girl in a dolly parton costume for a beauty pageant, complete with the curves. now she is facing a nasty custody battle with the child's father. we'll show you the controversial video in today's "kelly's court." it has been more than 2 months since president obama took questions from the white house press corps. but he did find time to sit down with nancyo dell on entertain's tonight *. is there something more from the silence we are getting from the white house? >> will the president address the press corps within the next two weeks. >> last week when he took a question from one of your colleagues in oval office, i have no doubt he will continue to take questions from the

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>> how important do you think that is. do you usually use your blackberry. >> i still use my blackberry. i have an ipad that i use. >> how down yell at the television while watching sports in white house? >> my teams haven't been in contention for a while, right in the bulls when rose got hurt.

>> if you were to visit chicago what would you recommend if i wanted to eat some good soul food. >> first of all there is a great place on the westside called macarthur's. megyn: that is a sampling of the interviews president obama has done in the last week talking to "entertainment tonight" and some local radio hosts. by we have not seen the president take questions from the white house press corps. you know the people paid to cover the white house and ask the president the tough questions. we spoke about this at the top of the hour how it's been two months since the president has said a word to the white house press corps. the last time he took questions from that group at home, this is what he said. >> the truth of the matter is, we created 4.3 million jobs over the past 27 months. over 800,000 just this year alone. the private sector is doing

fine. megyn: that wound up coming back to bite the president. we have yet to hear from him in that setting since. is there something more to the silence from the white house. joining me now, bill mcgurks rn, and media fellow at the hoofer institution. and bret baier, host of "special report" and juan williams, fox news political analyst. bret, in addition to your duties as our chief political anchor you use used to be our white hoe correspondent when president bush was in the white house. he went 14 weeks without talking to the press. why is it such a big deal that he's gone two months without talking to the white house press corps. >> there is just frustration over there. you are in the middle of a reelection campaign. there are big issues. 8.3% unemployment.

iran isration towards getting nuclear bomb and there are back and forth issues on the campaign trail. the people who cover them every day would like to ask him a question or two. so you can sense the bubbling frustration there in the white house press corps when they listen to a radio talk show ask him what is favorite super power would be. so there is a sense that it's time for him to answer at least a few questions. the last formal press conference he had was actually march 6. so it's been a while. megyn: bill, as someone who used to work on a white house communications team. there has to be a reason. it's not just i'm busy. there has to be a reason why he's avoiding the white house press corps. what would it be? >> i think there are reasons general to presidents and specific to president obama. most presidents would rather sit down with a local radio host and talk about his favorite sports

teams and how he uses the blackberry or what his favorite super power would be. people like to talk to the locals because they are not going to ask as tough a question as the press corps following him day by day. president's if they could get away with it, i think they would do few press conferences. i don't think president obama has a good track record responding well off the curve. the off-the-cuff remark like the private sector is doing fine tends to get him in trouble. bret, when you were interviewing him, he got testy when you asked him a question. you are in the middle of a campaign. he don't really have a record to campaign on. i don't think a president can do what some of his team are doing in the kind of attacks on romney and those things. it would look more undignified coming from a press conference in the east room. megyn: he's not just a president.

he's also a presidential candidate. there is a lot folks would like to talk to him about. we haven't gotten a press conference since obama-care. operation fast & furious and holder being held in contempt. unemployment rate at 8.3%. and these are all things folks would like to ask him about and the political angle about the controversial attack ads on governor romney and so on. >> i would justed a -- i would just advise you listen to what bill just said. there they cut short the number of press conferences for the reasons he enunciated. you are going to be putting yourself in the position of being a pinata for the press corps that's looking for moment to call you on the carpet. that happened to president obama recently. the guy from the daily caller when the president was make the announcement from the

immigration party interrupted and attempted to berate him. i used to cover the white house for the post, going back to reagan. we used to come blaine all the time, why doesn't he have press conferences. the answer came from his top communications guy. he said we could have meetings with regional anchors and meetings as the president is doing with friendly radio talk show hosts where they ask where it's good to get soul food. the president enjoys those encounters. bring his wife around. build his character reputation as a nice guy. so from a political perspective he's accomplishing his goal. megyn: from a political perspective he is. but he's also the leader of the free world and the leader of this country and there is a lot of stuff going on in particular the situation with iran and israel and the reports of possible strike before the

presidential election that a lot of folks who sit there every day would like to ask him about. >> there is governing that has to go on while you are running for reelection. i'll just point out he's not opening himself up to questions on the trail. like when reporters are with him in the pool, he's not opening up for questions there. to juan's point and bill's point. you are right, president bush in a reelection mode in 2004 had a formal press conference all ril 13 and june 1. those were his two last formal news conferences and he didn't have a formal news conference until after the election. but as far as getting access to reporters, it's not happening. megyn: how do you strike the balance between making yourself available to the voters that you answer to, as president, and being a savvy politician.

because president obama has had to missteps when he goes off prompter. "you didn't build that" was off prompter. "the private sector is doing fine" was off prompter. >> for want of a little alarm i find myself in agreement with juan. having been on both sides of the aisle. i remember going through the west wing and i won't mention the names. but there was a communications director talking with a bunch of reporters. someone from fox. and it reminded me of a mother bird dropping a little worm down other birds how dependent they are and how you manage it. i could see one of those little birds eager for the little worms. the president is trying to manage this. you trundle the press corps into the rose garden then you seal them up into their cubbyholes.

if you start to look like you are afraid of the press and the press starts to grumble that can be a down side. there is an upside for presidents. if you have a full press conference and you handle 15 questions people see you are on top of a number of different issues. so there is an up side. if the press grumbles a lot it can be an issue. one or two complaints is one thing. but if it becomes an issue you can look like you are hiding and that's not good for a president in a reelection year. >> there is some grumbling now and to quote "entertainment tonight" it's tough to do over there. megyn: by the way, bret. i did hear a fascinating discussion on who has better mole, colorado or new mexico. tune in tonight:00 p.m. eastern. on a programming note. fox news political analyst juan

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megyn: "kelly's court" is back in session. today a judge is expected to decide which parent will be

granted custody of this young beauty queen. madison sparked a controversy when she appeared on "toddlers and tiaras in a dolly parton costume with added curves. maddy's father has petitioned the court for full custody. maddy's mother claims her far it is using per participation in the pageant to her own advantage. at the center of it all is what is best for this child. joining me now jonna spilbor and joey jackson. little maddy has been participating in pageants since she was 13 months old. now the estranged father has come forward after seeing her in "toddlers and tiaras" saying my

ex-wife is sexually exploiting her. he's absolutely right. it's beyond creepy to put your little kid in boobs and a butt. i'm glad this far it is stepping. you. what in the best interest of this child? nobody has examined that yet. let a family court judge get involved and figure that out for us. megyn: the mother is claiming the far it is a convicted felon. that's what she claims. she claims he's on probation for dui and child endangerment and she says all i have done is enroll my kid in a beauty pack end. >> before we get into trashing the father i want to point out a couple of things. the first thing is -- megyn: we obtained no independent verification of those charges. >> while it may not be my first choice if i was blessed and fortunate to have a daughter to

subject her to this, this is an acceptable form of entertainment and showcasing your child. nothing improper or illegal about it. where has the father been. if she has been doing this since her birth, is the father now just using this conveniently to gain custody? did he interfere at the outset and say i don't want my daughter involved or is he cashing upon public opinion who says this is wrong, this is sexualizing a child and he's using that to his benefit to gain custody. you have to look at custody as the totality of the circumstances. maybe this one thing we don't like what the mother is doing. but she may be a terrific and wonderful person. megyn: is he upset about beauty pageants or the dolly parton thing. she's putting boobs on a baby. who talks to these children to say is this what you want to do,

little tiffany? nobody does that. the mother speaks for all of these kids in this show and nobody knows. megyn: let many watch a little of the interaction as the dolly parton costume goes on. >> it's like fat. >> when she wears the fake boobs it's an add bonus. it's funny with when she come out on stage it's hysterical. they realize not only is she dolly, she has the enhancements like dolly does. we think -- what else does dolly do? >> i love dressing up as dolly. >> who are you? >> dolly. >> dolly who? >> dolly parton. >> this is a fun-loving

beautiful girl. she is not pulling away. she is having a great time. after all, megyn -- megyn: how old is she? >> she is young. megyn: she was 4 in the video. is that grounds for losing your child? >> it's at least ground for examining what kinds of emotional impact you are having on a child. this 4-year-old, 5-year-old has no idea who dolly parton is. she probably does know what the heck she's putting on. the mother is putting this on the child physically and emotionally. somebody should investigate. by the father filing his petition a judge will get involved. megyn: how is it different than halloween costumes that may be age inappropriate for young girls. >> is the girl happy, is she well adjusted? she is seemingly a wonderful child. she is not being forced or coerced. the mother says she looks

forward to these paneling interest. she gets upset when they are over. why not let the child have fun. if the child is happy, she is well nurtured, she is developed, she is doing a growth job, let her go. developing into a child. >> it's creepy, it's sick and probably unhealthy for the child. this is not about moms. it's about these little girls. we should probably put an end to it all together but thankfully a judge will get involved in this case. >> grounds for the loss of your child? no, jonna, no. megyn: i have got to go. see you soon. coming up next. imagine shooting sabo and arrow with no arms. meet the amazing athlete who can do just that. >> i believe waive is a twist. i was d i believe what i have is a gift. i was born with no arms give the

ability to shoot. and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. he's my success story. [ laughs ] ♪ he's my success story. you want to save money on car insurance? no problem. you want to save money on rv insurance? no problem. you want to save money on motorcycle insurance? no problem. you want to find a place to park all these things? fuggedaboud it. this is new york. hey little guy, wake up! aw, come off it mate! geico. saving people money on more than just car insurance.

megyn: he's known as the harmless archer. matt was born without arms but that's not stopping him. he's heading to this year's paralympics in london aiming for gold. steve brown with this inspiring story. >> reporter: he almost broke a world record during paralympic qualifying. they follow the olympic games and they are also in london. he has gone from novice to world class in just a few years. he walked us through the process of how he shoots a single arrow. >> i'm right-footed. i pick up the arrow and hook it

on the string. then i use my right foot to pick up the bow. then i cross my legs. i bend down and hook on my relief, then i sit up. that's where i take a deep breath, make sure i'm calm, then i take my right foot and push it away from my body. at that point i bring my head down so my relief has a trigger, and it goes underneath the right side of my jaw. i take a deep breath and aim. and then my jaw -- it shoots the bow. >> reporter: he leaves for london wednesday. he's a genuine medal contender. he says if he shoots well, he doesn't see why not. megyn: that's incredible. unbelievable. steve brown, thank you. up next you have to see this story. a dog survives 8 days atop a

13,000-foot peak. we'll tell you about the rescuers who brought her down and explain the questions they have for the owner who says he was forced to leave her behind next. :

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>>megyn: preview after story for you next week. a dog is rescued from one of colorado's highest mountains after spending eight days alone. and jet spotted the dog on saturday, and alerted rescuers and crews found her on monday. the dog was injured and she had to be load into a backpack. the owner came forward after seeing the rescue photos online. some of the rescuers not sure he should get her back. >> she was in bad shape. severely dehydrated and she did not make a sound. >> the thought of a dog slowly dying on a mountain is tough to stomach. that is why we went. >> guy whose never met each other came together and rescued a dogat