jimmy carter is in the hospital. more information on what could be affecting him. according to the public information officer at cleveland hopkins airport medics respond epd to reports of a sick passenger on a delta flight this morning. we hope to have a live report in a moment. we are getting preliminary reports about what it could have been, including from our own dr. seg r-r -- m arc siegel. this is a level one trauma center. they have 3,000 trauma admissions yearly. the former president has been under a lot of stress from his schedule and book tour lately. it could be something minor like feeling faint or major like a heart problem. we are trying to figure out what. as soon as we get more details, we are working it now. we'll bring them to you. another fox news alert out of

texas, new details on a shooting at the university of texas, as tin. they say a masked gunman hospitalized fire inside a library earlier today before turning the gun on himself. thankfully nobody else was hurt in the incident. witnesses say they saw the gunman carrying an assault rifle suspect. in university's below. over he injured 31 others. he was then shot by police. it was discovered later that day that whitman had also killed his wife and mother bringing the total number of his victims to 15. more out of texas as we get it.

hi, everybody, i'm megyn kelly. also this hour we are getting reports that the death penalty is on hold across the country at this hour. prison officials forced to cancel scheduled executions of death row inmates because the company that produces the drug for the lethal injection is running sort of doses. according to reports 35 states where the death penalty is legal could be impacted, and dozens of convicted killers who have been sentenced to death may be offered a reprieve. trace gallagher has more from our west coast newsroom. >> reporter: this is a big deal. the dug is not the actually the they will drug it's the sedative used before the lethal cocktail. only one company in all of america makes it and they can't make it because they can't get the ingredients. they don't expect to have -- to have more before the first of the year.

at midnight here in california albert greenwood brown was supposed to be executed for raping and killing a 15-year-old girl. now governor schwarzenegger put the execution on hold for 45 hours so the appeals court could weigh in. now he is scheduled to die thursday night at 9:00. but consider this, that drug, it expires. the only dose that california has expires on thursday, so if it doesn't happen then it likely won't happen for quite sometime. four other executions in california have also been put on hold. in oklahoma they have already canceled the execution of 38-year-old jeffery matthews. his execution was canceled the night before it was supposed to happen. now oklahoma has acquired one does of the drug, and they have two inmates that are supposed to be put to death now in the next two weeks, and the attorneys are arguing over which one should be put to death first.

kentucky has the drug on back order. they are delaying executions. ohio is also delaying executions, and now they don't believe they'll get the drug in time for future executions, now they are coming up, megyn, with a back up plan. here is the ringer. the company that makes it, the only company that makes this says they are against this being used as part of the lethal cocktail, they don't have it, they don't expect to have it until the beginning to middle of next year, and we are talking about 35 states that are now wondering, what happens now. megyn: is the allegation then that this is political on their part, trace, that they are the only ones who make it and they don't like this being used, suddenly it's a year delay, are there politics behind this? >> reporter: that's not what they are saying. they are saying they can't get the ingredients, they are blaming a supply chain why they can't get it. they've come out and said this drug is to better people's lives not to end people's lives, but

their only comment on this has been, we simply cannot get the ingredients to make the drug. megyn: all right, trace, thank you. as trace mentioned moments ago this california death row prisoner, albert greenwood brown he's been given a series of last minute reprieves because the judge in his case allowed him to pick his own dosage of lethal injection. brown was convicted in the 1980 murder of 15-year-old susan jordan. brown followed her to school and called her parents to tell them he would never -- they would never see jordan alive again. he sexually assaulted her and strangled her with her own shoelaces. another fox news alert. word in the last two hours of a suspected u.s. missile strike taking out four militants in northwestern pakistan. it comes as we get reports that the united states is reportedly using unmanned drones like this one to launch a new series of missile strikes trying to derail

a terrorist plot tow attack some of our european allies. catherine herridge is live. what is the target for the strikes. >> reporter: last night a senior u.s. official confirmed to me that the drone campaign has ramped up in the tribal areas of pakistan. the last time we saw this spike in activity was in january of this year. one of the reasons we've seen this ramped up is i'm told we are getting extremely good intelligence on the ground which is allowing the strikes to take place. a handful of groups, sometimes people call it the witch' brew. this is the presumed hiding place of osama bin laden, and more specifically the afghan and the pakistani taliban. the pakistani taliban trained

the time's square bomber. what we've seen increasingly is operatives like naturalized americans western europeans going into the tribal areas and trying to get training. i think one of the interesting elements of this story is why our intelligence is getting so good on the ground. a short time ago i spoke to an outside national security analyst that believes that the fighting in pakistan has played a role in this. so much of the mass transportation network, the roadways, if you will, have been debilitated or wiped out with this flood that essentially people are more pinned down in locations than they would otherwise. this has led to better targeting information for the u.s. and others. megyn: you don't often hear mother nature playing such a role in these things. >> reporter: you don't that's correct. megyn: catherine herridge, thank you very much. a fox news weather alert for you now. a tornado watch for parts of the

northeast, including new york and philadelphia. you tkofpbt often see tornadoes in new york. -- you don't often see tornadoes in new york. a couple of weeks ago two tornadoes whipped across parts of new york city and that did some devastation. they were saying in brooklyn it was devastation unlike any they'd ever seen. that fierce storm slammed the burroughs of brooklyn and queens. trees were tossed about, one person was killed when a tree tell on a car. this watch is now in effect until 6:00pm tonight for new york city as well as eastern pennsylvania, new jersey, western connecticut, and massachusetts. we'll keep you updated. and now to the campaign trail where president obama and vice president biden are hoping to bring back some of that 2008 magic. a live look now at the president talking to voters in new mexico. his next move firing up the youth boat at a big college rally. democrats may have some work to do the latest numbers show that

young republicans are more likely to hit the polls this november than young democrats. david lee miller is live from penn state university where vice president biden is right now. vice president biden is getting ready to take the stage. what is going on over there. >> reporter: we expect the vice president to take the stage at this rally to support democratic candidates. outside a show of strength is taking place. the republican college committee at penn state has been handing out leaflets and stickers trying to win converts to their cause. some of the signs say, and i'm quoting, do you know of anyone had a stimulus job. we're fired up but obama is just fired. the president of the club says there has been a dramatic increase in membership so far this school year. let me give you an interesting statistic. a recent survey showed that 60% of young -- 50% of young

republicans are likely to vote in the midterm election. that's 60%. only 51% of young democrats are likely to vote. clearly the statistic shows that the young republicans have a great deal more enthusiasm for the upcoming midterm election. lastly, megyn let me tell you one other interesting statistic, 2008 there was a 32-point spread among young voters, between democrats and republicans, that has now narrowed to 14 points. the democrats are still in the lead on college campuses, but the republicans have picked up traction and are gaining. megyn: what is the gop game plan then? >> reporter: the college republicans has a game plan in place, it is called the operation red november. and what that means is they have identified five different states, battleground states where they have now deployed 25 full-time field representatives. those states are florida, michigan, nevada, ohio and here in pennsylvania. the states have been chosen

because they have key gubinatorial and senate races. they have also launched what they are describing as an awareness campaign. what does that mean? it is the first ever tv campaign launched by the college republicans national committee targeting young voters. they have released a 30 second spot, let's take a look at about 10 seconds of this commercial. here it is. >> we met on facebook. >> he had me at hope and change. >> you were the man. >> he hung out with ashton kuchar. >> reporter: and the budget for those spots about $9,700, not a great deal of money, megyn, so far they are only in three markets including the one here in surrounding penn state. but they do expect that it is going to be expanded. megyn. megyn: david lee miller thank you. the state is expected to wrap its case in the gruesome murder of a connecticut mother and two daughters. the sole survivor is the husband

and father of the two little girls. he is hoping for the death penalty for the two men who stand accused. we will take you live to the courthouse right after this break. fox news daikon firming that there is an fbi investigation into andy stern, the former head of the seiu the nation's most powerful union. a man who visited the white house more than 50 tes in the last year and a half. we'll find out what prosecutors are saying that could land him behind bars. and did cbs use teen heart throb justin bieber to attack the tea party movement? bieber, an innocent pawn in a gruesome game? we'll play the clip and let you decide. ♪

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to pay $10 a month with the onglyza value card program. megyn: fox news alert a few new details coming in on former

president jimmy carter in the hospital now. it has been confirmed that mr. carter was taken off of a plane by rescue crews and taken to a hospital. jackie mayo who is a spokeswoman at cleveland hop since international airport says the 85-year-old former president was a passenger on a delta flight to cleveland on tuesday morning today and became ill. he had been traveling to promote his new book "white house diary" at a bookstore. hundreds of people were lining up waiting to hear from him. that book was released last week. it's been quite a grueling schedule for the former president. trying to get more on his current condition at this moment. we expect a live report in the next ten minutes. testimony for the prosecution could come to an end today in a horrific home invasion triple murder trial that is playing out in connecticut. the trial of the first of two defendants in the assault, torture and murder of jennifer

petit and her two daughters. the only survivor of that attack is dr. william petit. he is pushing for the death penalty for both defendants in this case and has become a referendum for the death penalty. they expect to wrap the case today. the defense may need only one day to present its case, just one day. tom lewis from our fox affiliate has our report. we want to warn you, some of the testimony can get graphic. >> reporter: the prosecution is bringing it's final witnesses this morning in the murder case of stephen haze. the defense will get a chance in a day or two to present a defense for a man who admitted killing jennifer petit. one of the defense attorneys for the other defendant in this case came outside the courthouse and said that thinks client did not

sodomize 11-year-old makalia. that was very important, the judge had imposed a gag order. now there is a contempt of court hearing whether or not that gag ordered was violated. fire investigators are now on the stand for the prosecution talking about the burned-out petit home, the home invasion in which the three petit women were killed. the home was set on fire after the crimes were committed. the fire investigators are going over the burn patterns. the legal experts say that the defense will call maybe a witness or two, possibly even stephen haze. at that point both sides will rest and make their closing arguments. the judge says the case could go to the jury as early as friday. tom lewis for fox news. megyn back to you. megyn: thanks, tom. everyone in that courtroom, the jurors, dr. petit have been through hell. the jurors have broken out into tears many times looking at the

crime scene photos and photos from the autopsies. you wonder what the defense is going to be. he offered to plea guilty to spare himself the death penalty. the prosecution said no deal. they were taking him to trial. weee see how it wraps up perhaps as early as this week. key races that could determine who is in charge of the u.s. congress next year, we'll break down the latest numbers and what they mean for both parties this election season. will it be a permanent lunch break for the chrysler employees caught drinking during the workday? the verdict is officially in. and pulling the curtain wide open, air force officers going on the record later this hour you will hear from hem directly about their -- them directly about their close encounters with ufos. >> it seemed to have pulls say theeing lights -- pulsating lights going around it. it looked like an eye, it was

dark red with a ping center. it appeared to be winging -- winking. 1965, a lot of good thin came out that year

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>> megyn: good news coming in for i on former president jimmy carter. the carter center releasing a statement saying that, quote, while on a flight to cleveland former u.s. president jimmy carter developed an upset stomach. upon rival he was taken to the hospital for observation. he is is resting comfortably and is expected to resume his book tour this week. he's had a bit of a grueling schedule, something like 16 appearances, let me get it up for you here. 16 appearances over 38 days. he's going to turn 86 this friday. 16 appearances over 38 days through october 29th. traveling from new york as far

as seattle and salt lake city and on and on it goes. he has been quoted as saying a, i'll get the quote for it, something like, you can never say yes to too much. you should always take on more. that's one been of his life philosophies. it caught up with him a bit today from the sound of it. there were reports that it was not just an upset stomach but air sickness on the delta flightment more as we get it on "america live." some brand-new fox news polls showing a huge challenge for democrats in the midwest. if the midterm elections were held today republicans would likely come out winners in a number of key races. this was a part of the country that president obama dominated back in 2008. is it really time for democrats to hit the panic button? simon rows evenburg -- rozenburg says no. he's president of a left leaning

think tank. you say the president should be feeling pretty good right now, why is that. >> i think there is evidence the democratic base is starting to come home. you've seen good polling in five or six major senate races in delaware, in kentucky, california, nevada for the democrats. you've seen the -- megyn: in nevada it's about time. >> there is a new poll out showing harry reid up five points in that race, that's a republican poll. there's been a series of polls and i think megyn the key here is this isn't a wave election. things will break down very differently in different parts of the country. republicans will make gains all over the country there is no doubt about that. you have to look differently at the different regions. the latin belt, and the southwestern part of the country in the west will be strong for the democrats. the midwest and south will be very strong for the republicans. it will get more complicated as the election gets closer. the midwest is going to be much

tougher for the democrats this time, that's definitely true. megyn: we look at these polls and obviously they are favoring republicans in a number of states. as you point out the democrats doing a little bit better in other states. at the end of the day republicans only need 39 seats net pick up to take back the house. a report a few weeks ago pultd the projection at 70 seats turning republican. so i mean even with some fluff built in there, you know, for switch back how confident are you that the democrats can hold onto control of the house and will still have a speaker pelosi on november -- megyn: i don't da da. >> i don't know what anybody -- if anybody knows what is going to happen in the house. in pennsylvania chris carney had a poll showing him ahead after having been down n. iowa despite very bad poll numbers for republicans the democrats are ahead in all three of the congressional races. i think -- look you know this

better than anybody. it's been a volatile cycle. you've seen established candidates in both parties that are going to go down this time. voters are upset. the economy isn't where they want it to be. they were angry at the republicans in 06 and 08 now they are angry at the democrats. until the economy starts to improve we should expect this level of volume tilt to stay active in american politics. megyn: i want to go through a couple of these races to bring our viewers up on the news of the day. president obama approval ratings. you can see what they are in states like colorado, illinois, ohio, these are states he carried. 38% in colorado. 46% illinois, his home state. 39% ohio. 44% washington. 4 -- 41% wisconsin. that state is getting a lot of attention. the president will go there to stump for russ feingold who may

or may not appear with the president. he's out there trying to raise money and gin up interest in feingold. the reason he may -- may not be there is because of the approval rating. he's losing by 8 points right now. three-term democratic incumbent in wisconsin. what is going on with feingold? >> i think in the older and wider and more conservative parts of the country the republicans will do well. in the younger and more racially diverse parts of the country i think the democrats are going to do a little bit well. i think we should expect to continue as you point out this sort of russ belt from wisconsin to pennsylvania is going to be rough sledding. the economy has been very rough there. i think it's going to be tough. i want to say, the most important thing i can say to the viewers is this election is not over. in 1980 ronald reagan and jimmy carter were tied and reagan put the gas on in the end.

2008 november 15th john mccain was still beating barack obama. what is now happening with the voters is they are beginning to pay attention, democrats are making a better economic argument. when you see the democratic numbers coming back a little bit and the republicans going down a bit. megyn: two key things that could change the outcome on -- in november. the enthusiasm level and the independents. aren't they key in wapbs. i was looking at the latest approval numbers, independent votvoters from barack obama. according to another poll it's 52% disapprove of his performance level. these are key aren't they simon. >> yes they are. the president has to get his approval rating up by 3 or 4 points. he's doing better, but he's not where he needs to be to carry his party on election day. i think the president clearly focused is going out and

campaigning, drawing a brighter contrast on the economy which i think is working for him. one last thing, megyn, i think the republicans plans they put out over the last six weeks have given the democrats a lot to shoot at. to me the basic argument the republicans are making to the american people is they are going to reduce the deficit when they get into office. not a single republican that is in office can generate a plan to reduce the deficit. this is going to be a rough-and-tumble last five weeks. i'd love to come back and check on the polls with you the next few weeks. megyn: why don't you do that. you're welcome any time. >> thank you. megyn: a new jersey chef once featured on a popular reality show has been found dead in the hudson river. we'll show you what police now think is behind this troubling incident after this man had him on his show. and teen heart throb justin

bieber. he's not taking heat, it's the show cbs which heirs "csi" for taking advantage of bieber. tea party activists are accusing cbs of using justice to smear the tea party. authorities in arizona are reopening a shooting case against this sheriff's deputies. you will remember this case when you hear part of this 911 call. there are new questions surfacing as to whether his whole illegal drug smuggling story was all a hoax. >> there were two guys with ak's. i may have got one of them i can't tell. i've got to get off the phone and shut up. i wanted to let you know where i am. >> 50 yards west of the trail. >> west of the trail. i will stay here until i have to move. >> are you okay. >> hell no i'm not okay i've been shot. tell them to hurry up. [ male announcer ] if you have type 2 diabetes,

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you exercise and eat right, but your blood sugar may still be high, and you need extra help. ask your doctor about onglyza, a once daily medicine used with diet and exercise to control high blood sugar in adults with type 2 diabetes. adding onglyza to your current oral medicine may help reduce after meal blood sugar spikes and may help reduce high morning blood sugar. [ male announcer ] onglyza should not be used to treat type 1 diabetes or diabetic ketoacidosis. tell your doctor if you have a history or risk of diabetic ketoacidosis. onglyza has not been studied with insulin. using onglyza with medicines such as sulfonylureas may cause low blood sugar. some symptoms of low blood sugar are shaking, sweating and rapid heartbeat. call your doctor if you have an allergic reaction like rash, hives or swelling of the face, mouth or throat. ask your doctor if you also take a tzd as swelling in the hands, feet or ankles may worsen. blood tests will check for kidney problems. you may need a lower dose of onglyza if your kidneys are not working well or if you take certain medicines.

[ male announcer ] ask your doctor about adding onglyza. extra help. extra control. you may be eligible to pay $10 a month with the onglyza value card program. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. megyn: we wanted to update you again on the scare involving our former president jimmy carter. he was taken to the hospital for observation after developing some sort of stomach trouble on a flight to cleveland. there are reports that it was air sickness. the carter center confirms it was a stomach illness. he was traveling to promote his new book. it was released last week. we are told now he is resting comfortably.

well did cbs use teen heart throb justin bieber to take an ugly swing at the tea party? just five weeks ahead of the midterm elections. that is the question being raised today following this week's season premiere of the possible show csi. in the episode bieber plays a young domestic terrorist attending, quote, right-wing political events and planning a bombing. here is a clip. >> are you ready for a new america? where hard work pays off. we can't be hijacked by profit tears, giant corporations. they have a license to steal at our expense. their credit cards keep us in debt. their mortgages leverage the future of our families. megyn: leslie marshall is a

syndicated radio talk show host and a fox news contributor. and lar hrars son is a syndicated talk show host as well. i may be an expert on this, i, i would bet unlike this panel have actually attended a justin bieber concert within the last couple of weeks with my niece emily. i can tell you leslie and lars, i'm a believer. bieber may have been used by cbs, lars to make a point that is anti-tea party. "the new york times" said he played a domestic terrorist with tea party leanings even though the episode made no direct reference to the tea party. it seemed clear if you watched it they were talking about an exaggerated version of anti-government types. lars, out of line? >> never under estimate the power of hollywood script writers to demon nice average

americans. for a moment there the leader of that tea party look alike on csi i thought he was channel link bam birmingham for all the corporation bashing. that sounded more like the president and the tea party. i've been to the tea party events myself, i've spoken at them, they are clean cut all american people who do believe in paying their taxes, who do believe in their individual liberties and they are not leading young men to go out and blow things up, including blowing up the funeral of a police officer, it's absurd and designed to demon nice the tea parties in a way that the obama administration and the democrats in congress have not been able to do with the truth. megyn: all right, leslie people are saying that this is basically propaganda, that this is anti-tea party propaganda and they have used one of of the most popular stars, certainly among teenage girls in the world, never mind in the country to try to make their point. little did bieber know. >> well, i live in hollywood, and i have been when i did

acting i was on the finale of nypd blue, let me tell you this, justin bieber had a script way in advance to learn his lines. he was being used for something else called ratings and money. this was the season premiere and they want everybody who loves justin bieber to tune in and hope that the young people, especially the young girls will become csi believers like they've become bieber believers like you and keep watching the show. eye not about politics it's about money, lars, this is hollywood. megyn: if you watch it there is a lot of anti-government sentiment that is taken to the extreme. here is another clip. this guy is sound byte number two that i want to play. take a listen to bieber here. >> he was exercising his right to drive his own car down a public road, his crime, driving without a license.

>> ralph is no criminal, he's a decent man, he took me and my brother when we didn't have anyone, and now the government took him away from us. >> why, because ralph dared to live as a new american. do you see what happens when we speak truth and power the prof profit -- megyn: this is number 3, watch this. >> where is your gun, your vest, your badge? you off work or something. >> i only wear my vest when i'm in the field and you can't really have your gun on in this room, and i'm not a cop so i don't have a badge. >> you still represent the authority. everything i hate, just like you probably hate me. megyn: so lars isn't it an exaggerated version of some of the things that the tea party stands for, taxed enough already, they are anti-big

government. taking a kernel and expanding it to the extreme. >> they are taking a cartoonish unrealistic view. the ep tea party says we are going to change governments like we have always changed government in this country by choosing different leaders. if you want to get rate insurance ripa story from the headlines, have it be a young muslim jihaddist that goes out and blows things up. megyn: they do that nearly -- >> they do that nearly every week on television. >> hollywood is afraid of defaming muslims. that would have generated far more public interest than this young, sweet looking kid who is somehow ka ruptded by the evil tea party look alike. megyn: i want to point out that

one right wing commentator, andrew bright bart -- breitbart called this subliminal propaganda. >> on "law & order" i see muslims portrayed at terrorists all the time. i'm a will you and order fan. when you talk about subliminal messages. i'm having a moment here, megyn. this is television, this is make believe. art has been eupl tated life and then going and coloring out of the lines since adam and eve. this is nothing more than what every show on every network does in this capacity a, a drama like csi which is they want to get ratings, make money and they want us to talk about it which we are doing. megyn: when you come back the next time, leslie you've got to bring us a clip of that final

nypd blue episode. >> no, no, no, no megyn. megyn: i'm going to make it happen, i promise. leslie, lars thanks so much. >> thanks, megyn. megyn: folks a tragedy in new york involving one of the restaurant owners who suffered the sharp eye of celebrity chef gordon ramsey. we'll show you what happened immediately after this break. this is an incredible story. shocking revelations of bizarre sightings in the sky over our military installations. hear directly from air force pilots about what is out there next. >> white pulsating light in the sky. dark metallic in appearance . a fully illuminated object was hovering over the missile silo and shining a light down onto it. let me tell you about a very important phone call i made.

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you'll get this free information kit... and guide to understanding medicare, to help you choose the plan that's right for you. as with all medicare supplement plans, you can keep your own doctor and hospital that accepts medicare, get help paying for what medicare doesn't... and save up to thousands of dollars. call this toll-free number now. [ but aleve can last 12 hours. tylenol 8 hour lasts 8 hours. and aleve was proven to work better on pain than tylenol 8 hour. so why am i still thinking about this? how are you? good, how are you? [ male announcer ] aleve. proven better on pain. megyn: fox news alert, we're getting reports now that the eiffel tower and the surrounding areas have been evacuated due to

a bomb threat. this is the second time that this has happened in as many weeks. we have no further details at this hour we'll bring you more on the story as soon as we get it. we are working our sources in paris at this moment. well the x files just got real. a group of air force officers making sworn testimony to the national press club claiming they've had close encounters of the third kind. john fowler has this report from san francisco. >> reporter: all the ufo sightings were at military facilities. there were multiple missile failures as an unusual object hovered above witnesses said. >> it seemed to have pulsating lights going around it and a white light from the center looking down into the silo. >> reporter: seven former u.s. servicemen delivered sworn affidavits to the press club about close encounters.

>> all through the forest with a bright glowing object. the best way i can describe it it looked like an eye with bright red, with a dark center, it appeared to be winking. >> reporter: organizers say 120 now retired servicemen reported similar occurrences from the 1960s until most recently 2007. they said reports were hurbd up, witnesses ridiculed. >> i received ridicule from the air force, we're going to ridicule, don't talk about it. >> the cover up of the fact that ufo's did intercede with our nuclear weapons is extremely important. >> reporter: is there a government ufo cover up? >> if there is i'm part of it. no. there is no cover up. i would certainly know about it. >> reporter: richard muller served as one of the nation's top advisers. he says the servicemen simply

saw things in the sky they didn't understand. >> because the paradime of the era was that things you don't understand are flying saucers, that's how they reported them. megyn: thanks to john fowler for that report. for more on this now i'm joined by leslie keen author of ufo, generals, pilots and government officials go on the record. leslie, they used the term crock pot -- crack pot i think in there. that's what most people think when they say okay, ufo's coming in to spy on the nuclear weapon arsenal. what do you make of it. >> what they actually were or what they were doing there we don't know. these guys have their own opinions and they were involved directly, they've drawn conclusions. basically these ufo's are seen all over the world in lots of different places. there is physical evidence for it and you need to put it into the bigger picture of the ufo evidence i think that's

important. megyn: why are they being told they are nuts and also told by the government don't tell anybody it's top secret. >> a lot of them were told at the time that it happened because it was a sensitive installation and they didn't know what was going on. naturally you're not going to want your guys going out and talk about it. the ridicule thing it's a long pattern since the 1950s and 60s and it's become a habit that needs to change. i think my book is trying to do that by presenting serious testimonies, chapters written by five generals and a former governor. megyn: a quick answer, but what do you believe after having researched this. >> i believe this is definitely a physical phenomenon in the sky that cannot be explained. what it is i don't know, we need further investigation to find out more about it. megyn: more transparency too. if there's something out there why doesn't the government tell us we need to know. >> they might not either but that's one of the questions we need an answer to, how much does the government know. megyn: thank you for your

expertise on it. what do you think, folks let me know, kelly@foxnews.com. breaking news ahead on andy stern, the former head of the seiu, a very powerful union, a good friend to president obama. he is now under federal investigation. we'll be right back. (announcer) energy security. climate protection. challenges as vast as the space race a generation ago. and tal to global security. to reach this destination, our engineers are exploring everyossibility. from energy efficiency to climate monitoring. securing our nations clean energyuture is all a question of how. and it is the how that will make all the difference.

megyn: we've got new information about a story that broke back in april. arizona authorities are now asking some very pointed questions about the story from a sheriff's deputy who claimed he was shot. deputy louis purol said a group of drug smugglers ambushed him near the border. he said they fired assault rifles at him and he was grazed by a bullet during the gun battle.

now two forensic experts aren't buying it. trace gallagher following the developments. they've reopened the investigation, trace. >> reporter: they have. remember the timing, megyn this happened a week after governor jan brewer signed that arizona immigration law. he says he's out about 80 miles from phoenix, watching some smugglers carry marijuana, he comes upon them and they get into a running gun fight is what he said. remember the famous 911 tape. listen. >> there are two guys with ak's. i may have got even one of them but i can't tell. i've got to get off the phone and shut up. i want to let you know where i'm at. i'm going to try to stay here. >> reporter: purol was grazed in the back but they never find the smugglers or the drugs. now the investigation has been reopened because of for -- because a forensic pathologist said this. >> the weapon was actually in touch with the skin. also, the blackening of the

edges and the rough texture of the edges, which is from gunpowder speaks to the very strong evidence of a contact shot. >> reporter: puroll claims the shots were fired 25 yards away. the pathologist disagrees. the sheriff in pinal county says his officer is right. an outside investigation team is taking this on, megyn to find out exactly what happened. louis puroll says he's glad it's being investigated because he wants to clear his name. megyn: the pathologist says it's self-inflicted an says it's not so. >> reporter: yes. megyn: trace, thank you. breaking news, coming up in three minutes on how the former seiu president, andy stern now finds him sefpl at the center of a federal investigation. could he be headed for prison? details ahead.

and hear from a group of teens in texas. it turns out their designer dresses were too daring for the homecoming dance. do they look daring to you? their parents are furious, and they are in "kelly's court."

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megyn: a fox news alert. the feds broke a suspicious payday approved by a man who was the nation's most powerful labor leader. andy stern, former head of the seiu, a frequent white house visitor, and today a member of president obama's deficit reduction commission, he's under investigation by the fbi and the labor department. jim angle has more live from washington. >> reporter: the seiu says to their knowledge neither andy stern nor any other labor leader has been contacted in any

current investigation. the other one centers on a man named alejandro stevens. the seiu says it did cooperate in an earlier investigation of stevens that led to his conviction. this is not the first instance of corruption in seiu unions in california. >> the president of the los angeles local was recently kicked out of his post after it turned out he was sending hundreds of thousands of dollars in union dues to companies owned and operated by family members. when it turned out they weren't doing all the labor work they were supposed to be doing. a lot of it was kickbacks to his family members. the reason this came to light was because of the union financial transparency reforms that president bush put into effect that forced the unions to

disclose how they are spending the dues money. >> reporter: the key is this former seiu president andy stern signed a 3-year consulting contract wore stevens after his union was merged with other unions and he lost his job. he got the job officials say because of ongoing projects that needed to be finished. the contract was to pay him $75,000 a year for three years. here is the concern about that. >> federal laugh prohibits unions from creating no-show jobs where you get paid for not doing any work. the problem is stevens lost his job and as part of the conditions of losing his job he was going to get paid $75,000 a year for consulting services. unfortunately it doesn't appear he was actually doing those

consulting services. >> reporter: the union says in the second year of the contract they received information he was not together required work and they demanded the money back. he'them on it and the union says they have been in arbitration with him since 2008 trying to get every dime of the money back. stern's name will come up in that because he signed the agreement. but seiu is trying to get the money back and cooperated with federal officials in the earlier investigation. the investigation is at its early stages. clearly andy stern's name is being mentioned in that investigation. one thing skepticspoint to is andy stern retired at the height of his powers and many wonder if the investigation had anything to do with that. megyn: it came as a surprise when he stepped down. >> reporter: absolutely, last april. megyn: andy stern is the former

president of the powerful service employees international youon, seiu. he met with the commander-in-chief more times than any other white house visitor. through june of this year stern has been at the white house 63 times. seiu claims it mobilized 150,000 members to do electoral work for the 2008 presidential election cycle. so far no reaction from the white house on this story. voice president joe biden campaigning in the battleground state of pennsylvania today. live pictures from the campus of penn state. mr. biden set to take the stage to talk to the students in homes of energizing them to get out and vote in november. his speech comes at a time when polls show young republicans are more likely to vote than young

democrats. you can watch the entire event streaming live on foxnews.com. on capitol hill we hearing dire predictions about new regulations from the environmental protection agency. the new rules on greenhouse gases could come at a high cost. nearly a million lost jobs. shannon green is live on capitol hill. this comes from senate republicans but they might have some unique allies. >> reporter: you don't often see republicans joining together with labor unions. but they are united against some of the regulations because they say they could kill hundreds of thousands of american jobs. we have found a point of agreement. here is a look at the bottom line from this report that we got a look at today. new standard for commercial and commercial 800,000 jobs.

28 million tons of cement production forced overseas. and the report catalogues other regulations, related to greenhouse gas restrictions. you know at a time when everybody is focused on jobs they say it's not the time to make that kind of thing hatch. megyn: there is a different take on this from the white house. >> reporter: we are look at an interview the president did with "rolling stone" magazine. he says there is more energy regulation is one of his top priorities for next year. he says he is going to throw the same weight of the presidency behind getting more energy regulation and policy just the way he did with healthcare regulation. he says we are going to stay on his because it's good for our economy, it's good for our national security and it's good for our environment. so clearly there is a lot of

disagreement how to balance that. megyn: shannon bream, live in washington, thank you. fox news alert. police giving us new information about the gunman who opened fire at the university of texas in austin today before shooting and killing himself. police say is a student who acted alone. that's significant because they had been searching for a second suspect. an all clear has been issued for the campus. police say he opened fire with an assault rifle in the school's library before killing himself. the school is on a stlokdown. thankfully an amazingly no other students or teachers were hurt. the things parents have to worry about as they send their kids off to college. i.c.e. officials may be moving a step closer to taking hundreds of criminal illegal immigrants, some are the worst of the worst off the streets.

the feds saying they want to build a new immigration detention center in hard hit illinois west of chicago, and trace has the details. >> reporter: ogle has turned this down twice before. now 2010, the economy is bad, unemployment is high and they have found out this is a money maker. they have the plans for this thing back in 2002, and if you they are thinking for $35 million they can build this facility on their own and get a constant stream of money from the federal government because i.c.e. said they would pay per detainee per day. so they get the jobs, the federal government has a stream of money and there is a guarantee about it feds of filling a certain number of beds per day, even those who are antiimmigration are have much saying this is a good thing. the problem is they say this is

not enough of a good thing. they say in recent years this government has handed out some 500,000 letters of deportation, but because we had no place to put these people, most of those fled and we have no idea where we are today. 31,000 beds exist in this country. we can fill them time and time again. now we are adding 500,000 to 600,000 more. critics say it's a step in the right direction but it's not nearly far of any. the big key is securing the borders in the first place so they do not get in. so we do not have to pay tog keep them in jail until we decide whether they should or should not be deported. megyn: we are talking about no those illegals who have committed crimes once they have been in this country. we have been reporting for weeks now at "america live" they have a poll sieve only going after

those. if you break the law and don't break it again north their priority. >> reporter: there are a number of places around this country that will not i.d. illegals. to find out even if they are illegal to begin with. so you start from there, and then you move down to ice policies. so that's a proper assessment. it's a lot of places won't take the extra initiative to match them against the database to see if they are illegal or at least suspected to be illegal. megyn: interesting, thank you. you are coming in for what you thought was a typical landing and you end up instead like this. one day after a stunning emergency landing the f.a.a. issues a new warning. people opposed to legalizing pot getting an unlikely ally in their quest. why the beer industry is jumping on the buzz kill bandwagon. plus it helped ronald reagan

stay in the oval office for four more years. now republicans hope an idea from 1984 will keep president obama from winning a second term. mike 8interm. >> under the leadership of president obama our kun triis fading and weaker and worse off. ♪

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megyn: brand-new developments in that amazing emergency landing massachusetts passengers captured on the cell phone video. you can hear the flight attendant in the background. the pilot was forced to land that plane on a wing and a wheel after part of the landing gear got stuck in the up position. word that the faa issued a warning months ago about that same plane. somebody may have some explaining to do on this one. our affiliate in new york

confirming the agency put the airline on notice about landing gear problems. >> it's morning in america and under the leadership of president reagan our country is streerng and prouder and better. why would we want to return where we were less than four short years ago. megyn: flak flashbac flashback . it's being refurbished as an attack ad targeting president obama. the new ad is mourning in america, as in grieving and sadness. watch. >> it's mourning in america. under the leadership of president obama our country is

fading and weaker and worse off. his policies were a grand experiment, policies that failed. megyn: michael reagan is chairman of the reagan group and also man behind reagan.com and remembers the original morning in america tad quite well. this ad is being done by fred davis who is one of the gop's favorite admen. he did the carly fiorina sheep ad that was bizarre buff it got her on the map in some ways. the theme of this ad is sadness. a different message from your father's ad. what are your thoughts? >> we are running those side by side at reagan.com. people do feel sad about what's going on in america. the fact that unemployment is

over 9% and in california 12.5%. but people in america want to start feeling good again. that ad my father put out in 1984 made people feel good again. bob beblg and a friend of mine tells a story 6 getting out of bed in the morning and turns on the tv and thinks he's watching a cutaway from a news station to something going not midwest, and it's the torch being run through the midwest. there is a father and son farm unit walk into a fence and they have hats on. music is behind this. and bob is in his boxer shorts standing in his hotel room with his hand over his heart watching this play out, watching the torch go by and he's crying. as the torch goes by and the cars go by he hears the ad, morning in america, an goes,

"oh, my god, the election is over." ronald reagan made people feel good about america. that's what america is looking for. megyn: under that logic this new mourning in america ad won't work because it's making us feel bad. it puts the blame on president obama and urges people to vote republican in november and makes us feel depressed about the state of the country. should they be offering an ad that talks about how they are going to lift the country up? >> with this ad which is the national ad, this is where we are. the reagan ad is where we are going. it's up to the candidates, it's up to the o'donnells and sharron angle, it's, up to them to tell people how they will make people feel good about america again. the new candidates are standing

up for america, and we need candidates who are proud to be americans, proud to see what america has done in the world and for the world. we are not getting that from the democrat leadership. you have got a situation, the epa wants to point out all these regulations. then you have a congress that wants to pass a law that will give us more not even epa regulations but they want to punish corporations for outsourcing businesses. companies will outsource business if they are going to overregulate them. megyn: you sit up so well for me. you have -- you set it up so well for me. you have the republicans focusing on the sadness and troubles. then you have the democrats coming out saying on the republicans are the party of no, they don't have the solutions, we government run by democrats do. when we try to off them the republicans say no and try to

scare people. so that's their can take. you can see the competing can particulars in this democratic ad. watch this one. >> republicans want to change the system, risking social security in the stock market be privatizing it for corporate profit. megyn: they even have the scary music that you hear in a horror film. which tactic works better, the sadness or scaring the living daylights out of them? >> i think what you will find out november 2, people will take the mourning in america ad and say we need to change this. we heard the social security ad forever and ever. they always pull out that card. florida and others have people

on social security and they want to scare those people into voting for the democrat. i think they have woken unto the fact that these ads are just what they are. they are meant to scare you but it's not going to happen. the republican party learned their lesson from 2001 to 2008. they want to take back the congress of the united states and they want to hold the reagan values that he had and the country values we had. megyn: you gave us the quote over your father's gravesite. but it was really touching. if you have know it. can you share the with us? >> just some paraphrase. the fact is he talks about finding good in everyone. ronald reagan did that. because he did that he built coalitions. he made friends of enemies, not enemies of friends. megyn: what you gave to us

earlier we'll read it quickly. i know in my heart that man is good. what is right will eventually triumph and there is purpose and worth to each and every life. >> i read that every time i go. megyn: thank you so much. will the healthcare law continue to bomb in the polls? president obama is seeking divine intervention. but do you want your politics from your priest? the verdict is in for a group of chrysler workers caught drinking on the job, and it's a split decision next. and the big night turned fight night. a group of high school students barred from attending their homecoming dance. why the fashion police frowned on their gowns in "kelly's court." >> it's degrading i wouldn't let my daughter go south wearing that. what are you saying? that i look bad?

megyn: remember those chrysler workers we told you about having more than lunch during their lunch break? it turns out they have been fired for their behavior. the guys caught on camera drinking beer and smoking pot on their 30-minute lunch break. 13 of them are out of a job and two others are facing disciplinary action. the automaker receives it will not tolerate that kind of behavior. our local reporter says chrysler took this seriously from the start. but now some michigan labor relations expert said we should expect the auto workers union to file an appeal. we'll stay on it.

a political meeting of the minds is going on in north korea as washington tries to figure out what's next for the nuclear arms nation. rumors swirl that kim yong ill's youngest son will be chosen to be his heir apparent. >> reporter: we don't know too much about the son who was supposed to be taking over, kim jong-eun. he is suppose to be anointed. no video. so we are work off a purported picture of him in school days. he's around 27 years old. he's the third oldest son of kim jong-il. he's a big fan of american basketball, some say he is tough

like his father. what we absolutely know is he's on his way to the top. what he was named today as is a 4-star general, even though he hasn't served a day in the military. some suggest that the haste and urgency of the messages we are getting means he might be more ill than we thought and his days numbered. megyn: what does this mean in terms of north korea's dealings with the outside world? >> reporter: because of his youth the analysts i have been talking to say we should expect more of the same. there was an important announcement coming from this meeting and that is his aunt, the sister of kim jong-il was named also as a general. it's thought that she and her husband wh will be pulling stris behind the scenes until he gets older. megyn: it's a fascinating

family. when she was trying to pass the healthcare overhaul nancy pelosi asked religious lead course preach it from the pulpit. now president obama is together same thing. but do you want your politics from your pastor? the battle to legalize pot. now a new group is coming out against the plan citing safety reasons. wait until you hear who it is and why some folks say they are just trying to stifle the competition. let me tell you about a very important phone call i made.

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megyn: former president jimmy carter is resting in a cleveland hospital. he was on his way to a book signing when he got an upset stomach. he was rushed to the hospital as a precaution. a student opened fire at campus library at the university austin, texas before killing himself. a chef who appeared on a reality tv show killed himself.

last week joseph cerniglia's body was found in the hudson river shortly after police received calls about a man jumping some of the george washington bridge. opponents of california's push to legalize marijuana are getting an unexpected backer. beer companies. one industry group throwing itsweight behind an effort to stop california from legal eyeing pot in november citing safety concerns. supporters of the measure say it's about keeping competition off the market. claudia cowan live? san francisco. now you are telling me for some philanthropic reasons the beer companies are concerned about legal eyeing pot. >> one group is the california beer and beverage distributors. they have donated $10,000 to

defeating proposition 19 on the november ballots. that's the proposition that would legalize pot use for adults in california. they are framing their donations in terms of public safety. if this measure passes employers would no longer be able to drug test their workers for marijuana saying in a statement quote, this would allow california beer distributors drivers to operate hundreds of big rig trucks and trailers on california highways every day exposing the motoring public to potential harm. the gripe adds that doing away with drug testing would make it more difficult for their transportation businesses to get liability insurance. megyn: what do the supporters of legalization have to say about this? >> reporter: they say it's safer to get high than drunk especially on america's roads. government figures show in 2008 nearly 12,000 people were killed

in dui-related accidents. while smoking pot may impair driving, the federal government does not keep stats on how many accidents were caused by stoned drivers. they concerned that california's beer sellers are more concerned about competition. in other words, illegal marijuana cutting into alcohol turf. megyn: it will be an interesting vote. thank you, claudia. president obama is looking for divine intervention when it comes to selling the public on healthcare reform which is still languishing in the polls. during the conference call organized by faith-based organizations he told religious lead terse quote the debate in washington is over. affordable care act is now law. i think all of you can be important validators and trusts resources for friend and neighbors who help explain what

is now available to them. but do you really want your politics from your priest? father jonathon morris, a roman catholic priest and fox news contributor. i hear you at sunday mass, now if the president has his way you will interject the gospel about why i should love the affordable healthcare act? >> i'm in favor of the president rallying religious leaders around a moral cause. that's a fine thing. but when you look at president obama's relationship to church and state. go back to his state before becoming president he comes down on the side of an aclu interpretation. in other words, totally separate, completely separate. and he also when you look at it, he doesn't even desh hasn't even decided on a church after two years in washington.

then from that spectrum, that extreme to gathering people around and religious leaders saying go back to your churches and use words like spread the word. you have got all these people excited -- i wasn't too excited -- to go out and say how the healthcare reform is such a moral and ethical cause. megyn: that is suppose to be a validator of it. how does that make you feel as a priest to have the president of the united states telling you that you need to be a validator of a piece of legislation which is very controversial which only has 28% approval? >> the legislation itself is not only controversial, in my opinion it's also flaws from an ethical and moral point of view. he said just as we did with medicare and social security, this is a great moral accomplishment of this administration up to this point. if it's going to just like

social security, if it's a train about to wreck because we can't pay for it, and the healthcare question -- the whole abortion issue that stinks. the federal money will be going. but also sk we afford this? that's up for major debate. that's why the problem with him asking me to validate this -- meg very jim tooey wrote an editorial in the "wall street journal" saying imagine what would have happened to me if i had proposed president bush use that office some ask ridge leaders to back the iraq war. he says that will undermine the office that's supposed to be seen as a group that helps americans in need, not a politized arm of the got. what if there was slavery in the united states?

if necessity said fight against it, i wouldn't have a problem with that. the problem is the legislation itself. it's a wonderful thing that more people have access to healthcare. can we afford it? are we going to get rid of competition. are we going to be like other countries with healthcare that's universal and terrible? so to push this as a clear-cut objective moral victory, i think that's the problem. megyn: interesting. thank you so much for your insights on it. folks coming up at the top of the hour, studio b with step art smith. shep: we'll have jerry willis in from the fox business network. what is the non-partisan group of say about what would happen real life should the tax cuts remain in place or should they as they are talking about keep the tax cuts only for $250,000 for everybody. and then everything more than

that increase the tax rate to 39%. it's suppose to be non-partisan. tell us wait means. jerry any with that. megyn: the alterations were done. showers pinned. but these young girls did not get past the door at their homecoming dance. do these dresses look like deal breakers to you? we report, you decide in "kelly's court." >> it's degrading i wouldn't let my daughter go out wearing that. telling me i look like -- what are you saying? i look bad? it's our senior year and we can't redo this. [ female announcer ] there's a new way to let go

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do not take chantix if you've had a serious allergic or skin reaction to chantix. tell your doctor which medicines you're taking as they may work differently when you quit smoking. chantix dosing may be different if you have kidney problems. the most common side effect is nausea. patients also reported trouble sleeping and vivid, unusual or strange dreams. until you know how chantix may affect you, use caution wh driving or operating machinery. chantix should not be taken with other quit-sming products. ♪ with the chantix and with the support system, it worked for me. [ male announcer ] talk to your doctor about chantix. find out how you can save money on your prescription and learn terms and conditions at chantix.com. megyn: "kelly's court" is back in session. on the docket today lots of tears and no joy at a homecoming in the lone star state. girls barred from the hampton inn told their designer duds

were too revealing for the senior extendoff, not passing muster with the dress code cops. >> we are not allowed to go in? >> it's too short. >> it's a gorgeous dress. it cost a lot of money. >> it was horrible. she was in tears. her friend were in tears. >> moms and dads are fuming after shelling out big bucks forethe one in night only outfits. did the fashion police use excessive force? so let's tackle this from the plaintiff's point of view. they say not only did they shell out $30 per ticket, but they spent up to $1,000 in some cases which is possible on the dresses. only to be told at the door get out, based on an arbitrary dress code. what say you? >> you can replace the money

with you you can never replace your homecoming. it was these girl's senior year. styles are a lot more modest -- revealing than when i was in high school. you are younger than i am. but the dresses weren't that bad in my opinion at all. they were prom dresses. if you walk in any store that's what you see. it's awful these girls missed their homecoming because of this. megyn: they said they were too low cut and too high. these dresses are too high. you can see thigh. this girl in particular said she got out. what's wrong with that outfit. >> from a personal perspective they look marvelous. from the school's perspective it's a different story. goodness forbid we should have a school that protects values and judgment and preserves the value of the process. these administrators deserve a

medal. they were told they could home and change. you can pin your dress. megyn: they wanted them to pin slips on it. can we see the picture of the two in the still shot? those girls were let in according to parents. they took this picture to show -- they showed the girls as evidence of the ones who got in. look how short that one is on the right. she gets in and the girl we just saw doesn't? >> one of the girls was wearing the exact same dress. one got in ander didn't get in. so there is no consistency. it's horrible these girls went through this in their homecoming. the parents were involved in the decisions purchasing these dresses as well. megyn: that makes me believe this fashion police woman said

female administrator went through these girls based on who she had a grudge against and who she didn't. who had a reputation. >> megyn, not at all. even the police on the street get wrong occasionally. maybe there was a slight bit of inconsistency. this is a district with a reputation for being conservative. number two they print out flyers and said watch yourselves. megyn: what did that flyer say? it said there was a dress code and they expected modesty. >> noddesty is wearing a dress that high? what does that mean, too short? too tight or too low cut? >> obviously there is no consist season -- thereis no consistenr

decision. because they let some get in that are shorter. megyn: can the parents do anything about it? >> i think the most they will get is the $30 ticket price back. but i think the school should do something else for these girls. homecoming is once in a lifetime. >> the school deserves a medal for together right thing. come on. megyn: i'm so getting a picture of your prom. >> i had a big fro, it was a different story. megyn: when i went to the prom i will confess the dress was below the knee and the arms were covered. but that was back in 1940. panel, thank you both so much. one final word for our viewers. there is no legal violation but there is a moral one. the girls looked forward to the homecoming dance for months. they can't get in the door because you can see too much

thigh? to me the standard was arbitrary and unfair. the school can enforce a dress code by offering a clear one. offering inches above the knee for which they cannot go. not going girl to girl deciding who this and who is out. did a bad case of the munchies spark the theft of a little debbie's truck? someone turned a snack-filled truck into his own personal vending machine.

megyn: new charges in the white hot race for the governor for california. a spanish language political ad

claims meg whitman changes her views when she tries to reach a key voting block. adam housley is live in l.a. >> reporter: the polls here are extremely close. the california electorate for latinos has tripled over the last three decades. 32% of the population. it's no wonder why millions have been spent by both sides trying to court the latino vote. it's continuing to run on his and i can airways. a lot of people are upset because some claim it goes too far. it set quote in part whitman says one thing in spanish and saysed the opposite when she speaks in english. the real whitman doesn't have any shame, she is a woman with two faces. we had a chance to talk with the seiu, they say they are not going to back down from this ad, they believe it's fair.

>> we need to make a distinction and inform people and educate people and say this is what's happening, especially in a community where a lot of people may not speak english and spanish. they may not understand meg whitman is on english radio in a sense attacking them. >> reporter: the whitman campaign claims it's unfair. they put more hispanics in high-ranking position and have done more to outreach to the latino communities so they came out with this response. >> we are putting out a message. we have been crystal clear. with the age of the internet you can find out what her stances are in english and spanish. we have said from day one we oppose the arizona law. >> a lot of political analysts say this could mean republicans

are trying to make inroads in this growing and important population. megyn: north korean dictator kim jong-il taking a step forward. is he handing his son the keys to the kingdom? captioning made possible by fox news network lindsey vonn,@ she stays tough!

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or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. >>megyn: a hungry thug in the midwest did not have enough money to unwrap a smile and he stole a little debbie truck. in kansas, cops on the hunt for the guy who hijacked $7,000 worth of treats sitting outside a wal-mart when the thief jumped in. police found the vehicle a few hours later abandoned filled with empty boxes and snack wrappers. did they make the ho-ho? where was neil cavuto that