megyn? megyn: wow.ee, thanks. >>> well, a homeowner shoots a pair of teenagers as they are breaking into his house, but now the prosecutors say he shot them, quote, in a manner that goes way beyond self-defense. trace gallagher walks us exactly through what happened. kelly's court debates, and you will decide who was in the right and who was in the wrong. >>> and president ronald reagan took office saying we needed to downsize government and dramatically cut federal spending, but in order or to make it happen, he had to agree to a deal that involved a big tax increase first. today his son michael explains how his dad says he got the taxes but never the spending cuts in a lesson that he says republicans in washington should be watching very closely. i'm only in my 60's... i've got a nice long life ahead. big plans. so when i found out medicare doesn't pay all my medical expenses, i looked at my options. then i got a medicare supplement insurance plan. [ male announcer ] if you're eligible for medicare, y

[laughter] >> thank you, megyn. megyn: too late.ontroversy about some civil rights group calling on international observers, folks from kazakhstan and elsewhere, to keep an eye on our vote here in the united states. up next, we'll show you what those observers found that surprised them.wh >>> also, the dow is way down. why is that? ucerna hunger smart. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. campbell's has 24 new soups that will make it drop over, and over again. ♪ from jammin' jerk chicken, to creamy gouda bisque. see what's new from campbell's. it's amazing what soup can do. ♪ megyn: i like being in our fancy new studio that we got for election night. it says "america live", but really today it's america's election headquarters, and we want to bring you this update on the election. international poll watchers are now talking about what they saw when they monitored yesterday's american election

megyn: yeah.you could drive that stock market drop we saw yesterday up depending on the choice. >> exactly. megyn: all right, tough but interesting, see you soon. [laughter] >> you bet. megyn: well, president obama may have won re-election, but we still don't know much, know by how much. that is because they are still counting the ballots down in florida. as of this morning just six-tenths of a percentage point separated the president and governor romney. most of the remaining ballots are from miami-dade county because there was a last minute wave of absentee ballots that have yet to be processed. if the president wins florida, it will increase his electoral count but not change the outcome of the election. after months of campaigning and hundreds of thousands of phone calls, washington looks very much the same. next hour, the same. how many segments, how many dollars, how many discussions? the same. next hour we're going to speak to karl rove to explain what he really thinks happened on tuesday.

megyn: thanks, guys. fox news alert, new signs that negotiations may be breaking down in washington's effort to head off a series of automatic tax hikes and spending cuts that will hit americans hard in the new year unless something is done to stop it. welcome to "america live," everyone, i'm megyn kelly. treasury secretary timothy geithner headed to capitol hill today, in fact, he's still there, meeting with congressional leaders on both sides of the aisle. but after his sit-down with the speaker of the house, john boehner, mr. speaker boehner came out and told reporter that is the treasury secretary offered no new substantive plan and would not address the issue of spending cuts at all. as we reported on this show yesterday, it is no longer clear that the white house even wants spending cuts in this initial deal. it wants solely tax hikes, or at least that's all that it's been talking about x that now -- that dichotomy -- is becoming a big issue. here's the speaker. >> two weeks ago we had a very produc

megyn. megyn: steve brown, thank you. new fallout from a fox news exclusive report that shows employees at the u.s. consulate in libya in benghazi had warned the administration about a nearby al-qaida training camp and a possible attack almost a month before the lives of these four americans were taken. we will look at the latest development and a report that suggests the president was briefed on possible 9/11 threats one day before the attack. and there are an estimated 28 million rats living in the greater new york area. how do they know that? how do they count them? how do they round up 28, not 29 million. so when the floods rushed in, where did all the rats go? trace gallagher has an update on that. the president's team says he will use a more affirmative message in the final days of this campaign. after four months of ads and surrogates who labeled governor romney a murderer and more, will that secure him any more votes? my doctor told me calcium is efficiently absorbed in small continuous amounts. citracal slow rele

megyn? megyn: unbelievable. unbelieveable story. and what courage she had and what an example she set for those three children. trace, thank you. >> reporter: okay. megyn: wow! with coming up in just a bit, a serious challenge for the obama administration and one of the key components of the health care law. 16 states now say they will not set up the required health care exchanges. they're supposed to be like an orbitz. you go on. this is what i need and they give you the choices for health insurance, those are the exchanges. the states were supposed to set them up. 16 states said we'll not do it. we'll leave it to the feds. congress didn't plan for that. that is creating big problems and causing new questions for the law. we'll talk about it. >>> plus controversial confetti at the macy's thanksgiving day parade in new york. turns out some of the confetti, you can not make it up, may have been shredded police records, complete with personal information like social security numbers and bank accounts. we investigate. >>> a shocking re

i'm megyn kelly. moments ago the president gathering with a group of taxpayers to encourage americans to put pressure on congress to make a deal on raising taxes on the wealthy. but we heard no mention of congress dealing with our soaring debtor deficit spending, or where spending cuts of any type might come or how we are going to address the larger issue: we all know that tax hikes on the rich ain't going to get it down. progressive groups reportedly held a private meeting with senior obama administration white house officials. according to the "washington post" the groups were told not to worry about any entitlement reforms or big budget cuts. the so-called safety net programs according to them are not going to be touched and the progressive groups walked away feeling very happy. the report say the white house feels it does not need to compromise, period and is willing to let the big tax hike happen on everybody. the big tax hike is what everybody will face not just the rich or the middle class. the

megyn in. megyn: wow. leland, thank you. joining me now, kt mcfarlane who served as deputy assistant secretary of defense in the reagan administration, also a white house aid aide to henry kissinger. we were all paying attention to the election, re-election of barack obama war is breaking out in the middle east? what, what? >> when did that happen? [laughter] for the last 18 months we've been focused on the united states or the arab spring or iran's nuclear weapons. we've not focused on israel. but israel looks all around its neighborhood, and it says we are beset on every single one of our borders. we are surrounded. we have a syrian war that could threaten to spill over, hezbollah in southern lebanon attacking israel. we have an unstable jordan, we have on our southern border the one thing that we had to keep the peace for the last 40 years, egypt. egypt now has a new government, the muslim brotherhood government. they have said they're going to reconsider that peace agreement they've had for the last 40 years. the sinai p

megyn: amen, brother. see you soon. megyn: i don't know.hey are saying it's going to be a long night. we'll know early whether it's going to be a long night because virginia closes at 7:00. if there is a call in virginia that will tell us a lot. everyone remembers florida was home to the bush-gore election deadlock in 2000. now with reports of a tightening race the spotlight is once again on this critical swing state and its 29 electoral votes. melissa francis is live in tampa, florida. what are you doing there? what's happening? >> you can see over my shoulder things are very orderly here. but here in florida in the early voting where 4.5 million people turned out the lines were five and six hours long. that led to that in person absentee voting. but that's what they were doing here. in the meantime now lines have shortened. lines in orlando have been 2 hours long. just a lot of people out to vote. at the same time these folks are getting hammered with ads. i flew in last night and turned in david letterman. the entire block of commercials

megyn. megyn: wow, jennifer, thank you. joining us now christopher hahn a former aide to democratic senator chuck schumer and a fox news contributor and chris plant host of the chris plant show. i mean the narrative, let me start with you on this chris hahn. the narrative that is emerging here is that counterterrorism folks were kept out, they felt cut out of what happened on the night and felt cut out there after. that more and more the cia knew that it was ansar al-sharia, a terrorist group. there were warnings they shouldn't even go to the hospital where they thought ambassador was being held and might be aeu lived because they believe ansar al-sharia might be outside of the hospital and there was a question about whether we could go there. the point is ansar al-sharia was written all over it and it's written all over it now and that is a terrorist group and yet the administration was talking about a video and talking about spontaneous mob violence. >> look, i think mistakes were made. i think that the administration is

megyn: $250.icense was suspended for 30 days which can be significant and cause financial hardship depending on your situation. but the real thing with the two hours of public humiliation. she doesn't look too humiliated. >> when the legislators go through and delineate what appropriate penalty should be applied. nowhere in there among jail and fines and community service is wearing a public dunce cap. this was her first time she got caught. i don't know that humiliation is the route to go. >> we have to couple with things that are creative. we have to come up with things that send a strong signal and appropriate message so other people will think twice before they do it. if a judge thinks it's appropriate to do this -- megyn: pinkie keerr is a woman. >> let's just say this doesn't apply to this courtroom and other judges will do the shaming penalties more often. >> and they have. >> when a judge wants someone to clean up their act they will make them scrub the courtroom with a toothbrush. they wi

thank you, megyn. good afternoon. the briefings on capitol hill two weeks ago, lawmakers stressing that ambassador rice had access to unclassified intelligence coming including the classified information. a leading republican tells fox at the classified information included the president's daily briefings. it contained the most classified intelligence, and in this case, compelling evidence of al qaeda's involvement in the benghazi attack. susan collins spoke to fox about this. >> she had access to the full presidential daily briefs on intelligence. so she was well-informed. she knew that are intelligence -- our intelligence knew that al qaeda was involved in the attacks were not also, a militia sympathetic to al qaeda dismissed the attacks, and they say that al sharia should've been given great credibility. republican lawmakers accused the administration of also putting down this data. >> remember that al sharia was reported to our into the attack itself, claiming responsibility on social media. that i

megyn: really? why?n primarily by the current administration's policies that are hostile to religion. the catholic church coming out so boldly, giving voter guides out in mass yesterday and over the week focusing on this mandate that has come down as a result of obama-care. it's a clear infringement upon religious freedom. the president talks about the freedom of worship. but evangelicals care about the freedom of religion. religion, freedom of religion is the ability to live your lives according to the teachings of your faith. megyn: some may find that surprising because many people believed that the folks on the left were going to make an issue on mitt romney's mormon faith and try to divide the rest of the christian faith from mormonism somehow. >> i think they tried to do that but it did not work. i think the christian communities of evangelicals found out this is about electing a president. this isn't about nominating or electing the pastor your church. this is about the country. this is about the s

jenna: "america live" with megyn kelly starts right now. megyn: fox news alert. an all-out war between israel and hamas bulletins in the gaza strip. welcome to a "america live." i am megyn kelly and we have a lot of breaking news to go through with you. moments ago, reuters reporting that israel's defense minister asked to mobilize some 70,000 israeli troops. in what is being called preparation for a likely ground invasion of gaza. the u.n. called on both sides to back down. megyn: earlier today for the first time since 1970, at least two rockets, the first time since 1970. at least two rockets were fired at jerusalem, landing in an open area south of the city. no casualties reported so far. [sirens sounding] megyn: air raid sirens sounding in tel aviv since the first time in 1991 during the gulf war. nearly 300,000 americans live in israel. jerusalem and tel aviv make up an area of the size of dallas, texas, with 1.5 million people. the u.s. embassy is located in tel aviv. israel's iron dong missile system is striking back. firing on more than 500 targets approx

megyn: see you soon.da senator marco rubio was asked about the age of the earth and the senator and presidential hope filth many believed answered in part quote. i'm not a scientist, man. i don't think i'm qualified to answer a question like that. at the end of the day there are multiple theories how the universe was created and this is a country where people should have the opportunities to teach them all. parents should have the opportunities to teach their kids what their faith says and what science says. it's one of the great mysteries. well, since then there has been plenty of criticism of senator rubio and his answer. joining me now to discuss it, the rabbi, the priest walk into the bar jokes. father jonathon morris, a fox news religion contributor and alan colmes. some folks on the left wing blog say there is a reality and he missed his opportunities to just admit the reality as opposed to trying to hedge. he's a catholic, father jonathon. >> i'm not off within the liberal left wing blogs. he needs

i'm megyn kelly. the terrorist group hamas signaling in negotiations today that it will not compromise and if israel wants the rocket attacks to stop it must give in to the group's demands. we just got this video a couple of hours ago. one of our first looks at the rockets as they are launched at the israelis. overnight a barrage of rockets hit at least one home and a school, fortunately that school was closed at the time. the home had been evacuated. israeli defense forces have been attacking a series of military targets. here israeli missiles hit the headquarters of palestinian security forces in gaza city. since the israeli defense operation bee gone more than 1100 rockets have been fired at the jewish state and israel's iron dome missile defense system has interest tere septembered 324 of them. they have attacked 1300 targets inside gaza a and yet there are reports of civilian casualties. leland vittert is in the danger zone along the bordered. he joins us live. >> megyn it is really eerie out her

megyn: okay.now e kind expanding this -- jay, jay, can they force general petraeus to testify on benghazi if. >> oh, i think they can. i think they can subpoena him. i think he's an honorable guy, too, in that sense. i don't like what he did allegedly -- megyn: he saved a lot of lives. >> i think he should testify so we know what happened in benghazi. because right now his report is under a cloud. he needs to clarify that. megyn: yep. >> and i totally agree with jay on that. he won't -- >> there you go. >> he should come before congress, and he should testify. there are legitimate questions about whether the cia took the necessary steps with respect to security in the outpost of the benghazi operation. absolutely fair game. they shouldn't have to subpoena him. he should appear voluntarily. megyn: great debate, as always. thanks for being here. >> thanks. >> thank you, megyn. >> thank you. megyn: follow me on twitter @megynkelly. >>> well, coming up next, could general petraeus be court-martialed b

it was an act of terror but look. >> megyn: thanks. >>. >> megyn: here we go. cleveland, ohio. ann romney about to introduce her husband, candidate for president of the united states. the polling in ohio is extremely tight. the latest poll, dispatch, columbus dispatch puts obama up by two. within the margin of error. they are saying that president obama leads in the early ohio vote by 15 points but mitt romney is leading by those that plan on election day by 11 points. this is an important state. let's listen to governor romney. >> you guys are fabulous. your voices are being heard all over the nation. they are being heard loud and clear. [ cheers and applause ] >> ann and i hear them in our hearts, as well. thank you so much for your support and help. i want to you thank many of you who in this room who have been doing the hard work of the campaign making calls from our victory centers and putting up signs in your yard or perhaps in your neighbor's yard. [ laughter ] >> perhaps convincing a co-worker to vote for paul ryan and me. let's make sure we get everyone to the polls. w

i'm bret baier. >> megyn: i'm megyn kelly.out to close in the battleground states of florida, new hampshire, and pennsylvania. along with governor romney's home state of massachusetts and president obama's home state of illinois. bret showed you what was going on outside. let me show you what is going on inside the studio. with us tonight our distinguished panel here to analyze the results as we get them. bill hemmer is at the billboard drilling down on the race results in realtime. chris wallace, karl rove and joe trippi crunching the numbers from the counties. make a real difference in the race: >> bret: let's go to our panel as we wait for the top of the hour. brit, your thoughts we're getting these exit polls coming in and obviously making some calls, not the states that are really crucial here because they appear too tight. >> brit: indeed, and the exit polls are beginning to -- the sample has begin to fill out. we are getting second wave here now. and basically in america there are only two kinds of voters. probably true

i am megyn kelly. in less than 30 minutes, president obama will hold his first solo news conference since march 6. in that time from our nation has grappled with a number of major events, including the deaths of four americans in a terror attack on 9/11 this year. among those killed, the u.s. ambassador. the first time in austin ambassador to murder and 33 years. the deficit also topped $1 trillion for the fourth straight year. david petreaus resigned just last week amid a scandal. lots of important issues to ask the president about. ed henry is live on the north lawn. this white house really wants to focus on economic issues. also, the fiscal cliff in this news conference. there is going to be a lot of topics on the docket today. reporter: that is right, megyn. it has been months since they held one. they want to talk about a whole range of other topics at the medium may want to bring up and might be bubbling up. the tradition is that you have this postelection news conference a little quicker than th

back to you megyn. >> megyn: thanks, you can follow me and bret on twitter.megyn kelly and@bret baier and our parents had the spellings. and stay tuned, for the [ cheeping ] [ male announcer ] you hear that? that's the sound of car insurance compani these days. here a cheap, there a cheap, everywhere a cheap... you get it. so, what if instead of just a cheap choice, you could make a smart choice? like, esurance for example. they were born online and built to save people money from the beginning. it's what they've always done. not just something they cheap about. that's insurance for the modern world. esurance. now backed by allstate. click or call. man: we are rolling. all right, mama's gonna bring it home, mama's gonna bring it home. oh, no! man: oh, mom! aah! announcer: challenge your kids to be active and eat healthy. all right, let's see what you can do. let's go. announcer: search "we can" for ideas on how to get healthy together. >> we are down to the wire in this presidential election. is it possible we already know the outcome? >> no. >> the so-called

back to you megyn. >> megyn: thanks, you can follow me and bret on twitter.t baier and our parents had the spellings. and stay tuned, for the >> we are down to the wire in this presidential election. is it possible we already know the outcome? >> no. >> the so-called redskins rule already determines the victor. it haze the washington nfl football team wins the final game before the presidential election the party in power retains the white house. if the team loses the challenger comes out on top. since 1940 that rule has proven true with only one exception that was in 2004 when the redskins lost two-days prior. today they lost. is that a bad omen for president obama? we will know tuesday whether the rule holds? >> you can't say it is a rule if it was broken in 2004. it was in place until it was no more. >> the octopus already predicts the race. >> we will have that for you between now and tuesday. >> exciting. it's harry. thank you for joining us for our special sunday night edition of "america's election headquarters." tune in tomorrow 1:00 p.m. for america

back to you megyn. >> megyn: thanks, you can follow me and bret on twitter. baier and our parents had the spellings. and stay tuned, for the redskins. 4g lte is the fastest. so, which supeast 4g lte service would yochoose, based on this chart ? don't rush into it, i'm not looking for the fastest answer. obviously verizon. okay, i have a different chart. going that way, does that make a difference ? look at verizon. it's so much more than the other ones. so what if we just changed the format altogether ? isn't that the exact same thing ? it's pretty clear. still sticking with verizon. verizon. more 4g lte coverage than all other networks combined. [ mom ] we already have a tv. would you like to know more abo it? yeah, but let me put my wife on speaker. hi! hi. it's led and it has great picture quality. i don't know... it's ultralim... maybe next year. you cod always put it on layaway and pay a little at a time. alright. we'll take it! ah! i love you! hmm! ahem. football. [ male announcer ] shop now. get the hottest brands on your list today... like the lg 55 i

megyn: me. bill: megyn kelly, anchor of america live and cohost of tonight's election coverage.. megyn: i'm doing fine. bill: we tried to dissect these numbers for months now. and you can drive yourself crazy just by going to five or ten web sites trying to figure out on your own which way a certain district or state will go. how do you see things right now as you get ready for your coverage later tonight? megyn: here is what i want to tell the viewers. being here at the fox news channel, having access to such smart people on both side of the aisle i'll ask them behind the scenes, you know, what do you really think, depending on their partisan affiliation i know what they want. but i say, what do you really think. what i am concluding is that a, no one truly knows. and b, depending on your partisan ideology you think one way or the other. the people who lean right, they'll tell you i really think romney will win, and on the left, i really think obama will win. and what i have gleaned is that no one knows. the polls in a swing states show a slight advantage for president obama. a

megyn is next. new pink lemonade 5-hour energy? 5-hour energy supports the avon foundation for women breast cancer crusade. so i can get the energized feeling i need and support a great cause? i'm sold. pink lemonade 5-hour energy? yeah and a portion of every sale goes to the avon foundation for women breast cancer crusade. i'm sold. new pink lemonade 5-hour energy. get the alert, energized feeling you need and support breast cancer research and access to care. >> bill: thanks for staying with us. in the kelly file segment tonight. 34 states plus d.c. you can vote in person prior to elections day. in colorado almost 1.5 million votes been cast. florida 2.5 million. how is it all going. here to break it all down for us is miss megyn kelly. okay. do we have any data here. >> is this the part where i get to yell at you. >> bill: later. calm down. [ laughter ] let's get to the vote. do we have any indications what is going on? >> we do. gallup and pew both tell us about 19 million people have voted already in this country they say romn

megyn kelly has been investigating a rather bizarre situation. later, greg gutfeld says president obama's feigning anger in the susan rice libya situation. he will explain up ahead >> bill: kelly file segment. city of philadelphia, there are 59 divisions where no one voted for mitt romney. no one. that apparently translated into president obama getting 19,600 votes. mitt romney getting nothing. is that even possible? here now, fox news anchor megyn kelly who anchored the election coverage for us last week. 19,600 to 0. >> it didn't go that well for mitt romney in certain districts within the philadelphia precinct. >> bill: this is impossible. i'm sorry. one or two people -- >> no. well -- >> bill: no. >> same thing happened with mccain! same thing! >> bill: did it really? how many did mccain get? >> there were 59 voting districts. 57, mccain got none. zero. not one. >> bill: you know, they do she unanimous begans going on? >> i don't think so because i haven't heard any reason to think so. it's not like republican high school some huge numbers in

megyn kelly has been investigating a rather bizarre situation. later, greg gutfeld says president obama's feigning anger in the susan rice libya situation. situation. he will explain up ahead years ago, my doctor told me to take a centrum silver multivitamin every day. i told him, sure. can't hurt, right? then i heard this news about a multivitamin study looking at long-term health benefits for men over 50. the one they used in that study... centrum silver. that's what i take. my doctor! he knows his stuff. [ male announcer ] centrum. the most recommended. most preferred. most studied. centrum, always your most complete. >> bill: kelly file segment. city of philadelphia, there are 59 divisions where no one voted for mitt romney. no one. that apparently translated into president obama getting 19,600 votes. mitt romney getting nothing. is that even possible? here now, fox news anchor megyn kelly who anchored the election coverage for us last week. 19,600 to 0. >> it didn't go that well for mitt romney in certain districts within the philadelphia pr

megyn is next. >> bill: thanks for staying with us.e kelly file segment tonight. 34 states plus d.c. you can vote in person prior to elections day. in colorado almost 1.5 million votes been cast. florida 2.5 million. how is it all going. here to break it all down for us is miss megyn kelly. okay. do we have any data here. >> is this the part where i get to yell at you. >> bill: later. calm down. [ laughter ] let's get to the vote. do we have any indications what is going on? >> we do. gallup and pew both tell us about 19 million people have voted already in this country they say romney has 7 point edge on national basis according to gallup and pew interesting swing. obama led mccain this time four years ago by 15 points according to gallup or by 19 points according to pew. so it's been a 22 or 26 point swing in the republic's favor. >> they get this from exit polling. how do they get the data. >> try to read by party registration. x number of democrats. >> bill: they have to have that on the ballot. >> on a lot of the states not all of

megyn, i will escort you down the steps here. megyn is going to go to the decision desk and interview them about the decision on ohio. >> jon: this was 10 tha that-- then that megyn kelly, in pursuit of something called facts, left the holodeck and entered the world of dunder mifflin. >> what we're saying is the amount of raw vote that's in these counties that's out there still waiting to come in is so large, no matter what the hand full of republican precincts that are still out there, it's just not going to make it. >> 100% certainty. >> 99.95%. >> jon: so you're saying there's a chance. ( laughter ) ( applause ) last night, tragically, there was an avalanche on bull ( bleep ) mountain, ladies and gentlemen, with the blame for it if to their own willful blindness? their a supper of misinformation gruel they themselves cooked up and had to at some deep level of cognition know contained far more than of the f.d.a. allowance of bull ( bleep )? >> the white establishment is now the minority. >> i just cannot believe, though, that t