jon: i will stick with chocolate, chocolate chip. thanks claudia. jenna: thanks everybody. megyn: fox news alert, less than a week after we got our hands on a department of homeland security memo discussing amnesty for illegals a group of republican senators now firing back, in the strongest push yet for answers from the white house a showdown over border security right here on "america live", hi everybody, i'm megyn kelly. still feeling so-so and thank you for the cold remedy you e-mailed to me. the dhs is denying allegations that it is rewriting u.s. immigration policy but we got a memo last week, leaked to us that, suggested the conversation was at least going on and it talks about making the changes and warned in part, quote, the secretary would face criticism that she is abdicating her charge to enforce the immigration laws. internal complaints of this

type from career dhs officers are likely. well, that criticism is here. and it is coming from these seven senators, writing to janet napolitano this week saying the proof is on the paper. trace galler, live in our west coast newsroom. it is like a game of cat and mouse at this point, trace, with these republican lawmakers trying to figure out if dhs, janet napolitano, john morton and ice are in fact preparing to grant amnesty to thousands of illegals, piece by piece, as an end around congress, or aren't they? >> reporter: and quite frankly, meg i think, the reason these senators are now sending out this fifth letter in four-months is because they're not getting the answers they want to their question. in fact they're getting a lot of the same answers that we have been getting over the past three or four-months, the pat answers from dhs, when is one, the dhs is not engaged in a took bor -- back door amnesty program, the second talk is imtkpwraeubgs services like

ice have in fact recourted more illegals this year, they're on pace to break record and recent internal memos that keep surfacing are meant only to collect internal feedback and weed out bad kwr-ts. they have not addressed what all three of these memos from three different immigration departments have a common theme, which is to circumvent congress and to only go after illegals who commit felonies. the latest dhs internal memo talked about phase one of a program to legalize immigrants without immigration reform, by, and i'm quoting here, using administrative measures to side step the current state of congressional gridlock. so now, as you said, these seven republican senators, led by iowa's chuck grassley, have issued a letter that says in part, and i'm quoting here again, whether or not the proposals have been officially implemented, it is increasingly clear that this administration is following the spirit of these

proposals by dramatically narrowing its efforts to remove whole classes of illegal immigrants. here is chuck grassley. listen: >> and if there's some actions on the part of the executive branch of government to do this, behind the scenes, it should be brought out in the open. and that's the purpose of getting the secretary of homeland security before congress. because this whole setup is an effort to back door congress, to do things in a secretive way, just to see what you can get away with. >> reporter: and of course the political battle goes on, megyn. yesterday, of course, republicans knocked down putting the dream act into the defense authorization bill. this, of course, has been a battle that's been going on now for the better part of five months. megyn: they keep saying it's just a discussion, they keep saying these memos are just drafts, they told you, oh --

it was gregg jarrett in that day for you -- that when it broke, that they were going to release illegals who had already been arrested and were being subject to deportation down in texas, and the memo got leaked saying they're basically going to let them go, people who had already been arrested, they're going to let them go because though want to focus on the so-called felons that committed additional times when they got in and gregg jarrett called them up, said that's true, they denied it and then we got our hand on the memo which said exactly that! so you can understand the frustration of lawmakers and not being able to get the straight skinny or the straight answer, is this a policy or isn't it and the memos say no and then the memos come out and it's something different. trace has broken a lot of news on this and we appreciate it and he'll stay on it throughout the next couple of hours. as he mentioned this new dhs memo is one of three documents that we have uncovered in recent months. not long ago we got our hands on this letter from the u.s. citizens and immigrations department.

check the subject line here. it says administration alternatives to comprehensive immigration reform. that's the thing that they can't get through congress. comprehensive immigration reform. so the administration is considering how else they can grant what critics call amnesty to illegals. then there's this memo from the head of the immigration and customs entpoersment agency, ice, john morton, telling agents to only prosecute illegals who have a serious criminal history. now, that, they have made public, that they're going to prioritize those who are true criminals, not just people who broke the law by coming into the country, but who then broke other laws while here, and so we asked, okay, does that policy extend to illegals who have already been arrested and are facing deportation, you don't have to go out and find them, you already found them and it turned out, they are letting thousands of illegals go who fall into that category. then yesterday a new pass to push immigration reform was passed through the senate,

every republican in the senate voted against an amendment that would have essentially granted amnesty to illegals who were brought here by their parents when they were under age 16 who then signeddum for -- up for military service or 22 clears in college. democratic senators blames lincoln and mark pryor who voted with those that supports the bill, supporters rallied for the measure from phoenix to washington and advocates are lobbying congress to try again in the near future. another fox news alert, word of a potential major shakeup at the white house. fox news now confirming that white house chief of staff rahm emanuel could leave the administration as early as next month. that would be before november's big mid-term elections. as you probably know, there's been a lot of speculation that emanuel would like to pursue the position of mayor of chicago, our own mike emanuel is live in our new york newsroom with the latest details. >> reporter: people life talked to say that's possible he could leave as

early as next month. leaving the chief of staff position, there's never a good time for that, but the bottom line, sources i've talked to, say he needs to make his decision, if he decides to go, then the white house will move quickly to put in an interim chief of staff, the name i'm hearing is peter rouse, somebody who's an old hand on capitol hill, somebody they've nicknamed the 101st senator. he would be the person to come in. as for emanuel's desire to run for mayor of chicago, he has labeled it his dream job, i have been told that he has $1.2 million left in his federal campaign account, so he doesn't have some of the fundraising pressures that perhaps other candidates who might want to run for mayor do have, but ultimately, the window is going to be tight in terms of getting out of his very, very demanding day job and running for mayor of chicago. so if he decides to go forward, it will be swift, and they'll make a quick move at the white house to get an interim person in place for that critical job, megyn. megyn: it could set the tone for what we can expect from

this administration on a go forward basis. thank you. fox news is covering the rahm emanuel story and political systems at foxnews.com and with the countdown to midterms on you can get updates from the reporters and reporters in the field. fox news.com. just days after a group of economists declared the recession over, actually over as of june of 2009, remember, it was the guys from cambridge, massachusetts? we're through with all that recession business? a new report now shows the job situation shockingly is not getting better for more than half of the united states. according to the latest numbers, 27 states saw the job picture get worse last month. stu varney, anchor of varney & company and fox business network pur ports to know better than the geniouses in cambridge, massachusetts, we're done with that recession business! >> why do you use a british accent? >> it's not a british.

it's a snooty! i can't do a british accent, i'm not going to embarrass myself, but that's cambridge, isn't it? the recession! so many middle americans don't have to worry about it. >> the jobs situation is not getting better, it is getting worse. looked at state by state, month over month, year over year, it's getting worse. as you just mentioned, 27 states in august, reported a higher unemployment rate than in july. okay? and if you go back year over year, you find that the group of states on the west coast, they had an unemployment rate averaging 10.8%. megyn: why? why is it so bad out west? huge, 10.8. >> no other word for it, it is foreclosures, the terrible state of the housing market. in nevada, california, idaho, arizona, those are the wofrst states for foreclosure, and nevada in particular. that is what is dragging down unemployment, the employment situation in

western states. 10.8% in august of this year, 10.5% a year ago. it's getting worse. megyn: so how do they get to this 9.6% on average nationally? is that the other states are doing much better, if you've got 10.8% in some huge percentage of the states, it must be some states are thriving? >> yes. look, thriving, some states are doing quite well, north dakota, south dakota, texas is doing particularly well, in massachusetts, there's been job creation for seven straight months, but if you add it all together, you've still got a 9.6% unemployment rate, which isn't that much better than it was a year ago. megyn: what state was that that you just mentioned? >> massachusetts. >> everything is just fine here! i don't know what that stu varney is talking about! stu, that's a nice, weak outlook for us, thank you very much to for that. >> you're most welcome. mig appreciate it. folks, we're awaiting the president at the united nations this afternoon, traffic in new york is horrible, but as he gets ready to address world

leaders, there are signs the white house is in bunker mode, changing how it operates as it takes new attack from friends and enemies. monica crowley is up next on why she thinks a white house on the ropes is dangerous for this country. and dramatic new video coming in from the middle east, and we're told that things are getting worse. talks on the line there. we go live there for the latest. a new book on the obama administration's internal divisions on the war in afghanistan. high level staffers, saying the president is more worried about politics in afghanistan than victory. >> there's nothing easy about this. and again, it is very, very understandable that there would be a desire to see progress right now but the nature of these endeavors is that the progress is slow, it's hard fought and as i mentioned earlier, the fact is that we are just now, for the first time, getting the inputs right.

megyn: the u.s. supreme court refusing to halt the death sentence of a woman convicted of a double murder. this means the state of virginia, the commonwealth, i should say, one day away from its first execution of a woman in nearly a century. teresa lewis, admitted to plotting the 2002 murders of her husband and her stepson to collect insurance money. supporters of lewis argue she doesn't deserve to die because she is border line mentally disabled. we've got live pictures coming back from the u.n. been on a beautiful day here in new york. we are about 90 minutes now from president obama, from when he leaves washington, to speak to world leaders on the east side of manhattan. it comes as the president faces new challenges from the left and the right. and it has critics suggesting that the white house has now gone into bunker mode ahead of the midterm elections. monica cowellly a talk show

radio host and fox news contributor. the suggestion is now with the polls so consistently bad for the white house, also bad for the democrats, even his own advisers, starting to snipe, according to reports about how things are being handled, that he -- that president obama is in bunker mode, taking advice from fewer and fewer people and is feeling less and less confident, and you say that's bad for this country. >> well, i'll tell you, the ironic thing is that was the wrap on president bush, right, that he didn't listen to dissenting points of view, he didn't go outside of his inner circle for advice and consultation. i happen tong that what's not true about president bush, but it happens to be true in this case. usually, megyn, most presidents do end up in bunker mode, but the question is when does that happen, does it happen sort of toward the end of the second term, in this case it's sort of understandable, they're mentally and physically exhausted, or does it happen early and to my recollection and i'm a student of the american presidency, this is about as early as it's ever happened to a president. i think it's dangerous for him, and i do think it's dangerous for the country,

because if you have a president who feels beset by an onslaught and that he's misunderstood or not understood by the american public and not able to communicate with that public or allies or even to our enemies su have a situation where the commander in chief, the american president, is not in the position to lead very effectively, and that's where the comparisons to jimmy carter come in. megyn: here's how this one contributor to "vanity fair" put it, about the president, he's cold, prickly, uncomfortable, he's not funny and he's getting awfully tedious, he thinks it's all about him and in the "wall street journal," john fund talked about the similarities between president obama and carter, pointing out that chris matthew, no conservative, had a flip on the air calling president obama president ocarter. >> yes. and then he said i know, call dr. freud. megyn: right. >> that fair? megyn: i don't know if it's unfair to president obama,

unfair to carter or a complement to both. >> every president since carter has avoided a comparison to carter for this reason, carter was given one term, the american people did not erect to choose him in 1980, they went with ronald reagan. the question is why. jimmy carter, there was a perception around him and to a great extent, true, that he was impotent at home and weak abroad, that we were beset by all kinds of economic issues, high inflation, out of control taxes, he couldn't control the economic issues, oil shocks, and then abroad, the soviet invasion of afghanistan, you have the taking of american hostages in tehran, and the white house looked like they were impotent to do anything about it, so every president has tried to avoid that by using strength, using the strength of the office, and in this sideways, you have this very difficult economic situation that is actually getting worse because of the president's polices, not getting better, so he's looking like -- >> megyn: they say give it time, we couldn't fix the whole thing in 18 month.

sue: that's the argument they're making but it's clearly not washing with the american people who say look, you've had almost two years and you've made it worse, not better. megyn: how bad is it for the obama administration that carter is coming out with a memoir this week talking about his time in office and just recently, in his -- in my white house diary, he writes i overburdened congress, talking about my own mistakes, i overburdened congress, was in a array of controversial and politically crossly requests. how familiar is that? >> boy, that really rings true to today, and i'm sure that if the white house had a choice in the matter, they would have asked carter not to publish this. megyn: until after november 2nd. >> i think so. when you look at the whole raining of polices this administration has pushed and gotten through -- >> megyn: which they believed in, which they genuinely i believe believed would be celebrated from health care reform, wall street reform, cap and trade. >> to the stimulus. megyn: to the stimulus. now they look back on it and

say look what we did, but even the left is saying we are totally dissatisfied. >> right. and we saw that in the question and answer period that the president did earlier this week, with well ph hart who said i vote fod you, i'm exhausted from defending you, nothing you're doing is working. i think that the white house felt at this point they would be in a different position, that the stimulus would have worked by now, you would have unemployment coming way down, that clearly didn't happen, they've pushed a trillion dollars into this economy, trying to get the jobless situation straightened out, that hasn't worked, they thought obamacare would be more popular, once it was passed and it's gone in the other direction, 61 percent, according to rasmussen want it repealed, so i think tile and again, they have been frustrated because they've misread this one -- country -- misread this country, the american people, they thought the country was ready for the radical change and they want add change from george w. bush. megyn: and you have the far left saying you didn't go

near the far left. >> moderates democrats are pushing back, too. megyn: getting it from all ends. we'll find out whether bunker mode is good, bad or even true. monday contracowellly, thank you. >> always, thanks. megyn: it started with one woman's complaint and has blown up into a courthouse sex scandal, this woman claims a popular prosecutor tried to handle a lot more than her case. also women, also now coming forward. big new developments today on charges of criminal behavior inside the justice system. in california we're waiting for eight leaders from the city of bell set to face a judge today over charges they stole the taxpayers' money. live report in three minutes. >> let me -- they need to get what's coming to them, for digging too deep in the cookie jar. >> there's the picture, he's under arrest. >> we don't want to see them get out. >> not anywhere near. enough is enough. enough is enough.

megyn: -- >> he knows what he was doing, he needs to pay a price, needs to be locked up for life. >> pretty disgusting, what he did. it's almost like a sickness. i mean, he was just like taking from the city's trough. >> the people here are angry. they're very angry him they're not mad, they're angry. and i think they're all very disappointed. megyn: folks in bell, california teeing off on a fat cat pay scandal that's gained national attention and result -- resulted in the arrest of these eight city leaders, they decided to pay themselves hundreds of thousands of dollars in a city where the average household makes less than 30 grand a year, we're talking about $800,000 in some cases. william la jeunesse, what happened in court today? >> reporter: i'm going to

give you the latest, in the last hour the state controller issued an audit that showed that these officials doubled taxes on the residents of bell without voter approval in '07. bilking them of $5.6 million, they overtaxed, if you will, which allowed these guys to loot the cookie jar. to court, the docket right now is full, these guys were arrested yesterday, spent the night in jail, they are to be arraigned on charges this morning, but as we said, the docket is full, they have not appeared before the judge yet, but the drama is this. when and if will these guys get out of jail. why? number one, they're first time offenders, family people, white collar crime, very little threat to society. on the other hand, megyn, the d.a. here has the right to investigate the source of funds. you can't use ill gotten money to get out of jail. so they may have to stay there for a period of time while the d.a. looks into it. on the other hand, they're going to claim this d.a., steve cooley, running for attorney general, that it's politically motivated.

as you can see from the earlier tape, they're celebrating in del that -- bell that these guys are behind bars, popping champagne and dancing in the streets. >> how exactly did this happen, william? >> reporter: it's really interesting. let's start with robert rizzo. he is the ring leader, the guy who is making a salary twice what the president is making, he owns a race horse named spend money, has the cadillac, has the million dollars house, he also basically used public money to repay a private debt, but here's what they did. they're charged with misappropriating money, conflict of interest and falsifying records. normally in a standard procedure, a city manager's salary that would be discussed in ab open meeting, be reviewed by the the city attorney and approved by the council in an open meeting, in rizzo's case, that didn't happen. he had a counterfeit contract, he used fraudulent signatures to inflate his salary and the mayor and the city attorney were com polit in this so that didn't happenings there was no performance review. finally the city council had

its own little scam going, these guys were billing the city for meetings that didn't happen, or only last the like two minutes and they were pulling down $100,000 for a, quote, part-time gig. that is what the district attorney is charging these guys with and why the people of bell are so happy that at least for now, they're behind bars. we'll get you the latest, if there is any movement on this arraignment. megyn: wow, that's the most i've ever heard about exactly what they got away and what they exactly did and mr. rizzo is going to get his performance review now. thanks william. >> reporter: thank you. mig six months ago today, congress passed that massive health care overhaul. up next, some voters, a doctor and top leader from the insurance industry all join in on how this thing is working for them. and like a scene from a hollywood movie, as the cops moved in, no, this is president obama, wait until you see this, here. the cops moved in, and wait until you see how it ended.

plus, we've all heard the expression that blonds have more fun. in texas, the golden locks could get you canned. horrible! just ahead.

megyn: welcome back, forget 1:32 here in the east. white house chief of staff rahm emanuel facing a big stkeurbgs stay in his current post or leave to run

for mayor of chicago, the white house will likely know his decision as early as october and the u.s. official revealing the cia is running an all afghan para military group in afghanistan, reported to capture taliban and al-qaeda targets for cia interrogation. a new york man is headed back to north carolina now, to face charges in connection with the death of a police chief's daughter. police say michael neil harvey killed that woman, but harvey said she died in her sleep from a drug overdose. if you've got a policy, you get sick, the insurance company covers it. we're going to make sure that if young people don't have health insurance through their employer, that they can stay on their parents' health insurance up to the age of 26. megyn: president obama laying out some of the new provisions set to take effect tomorrow under the

health care overhaul. it has been six months to the day since that massive bill passed and in poll after poll the majority of americans still do not seem to like it. robert sheuflback is with america's health insurance plans and is something of a spokesman for the insurance industry and dr. marc siegl is fox news contributor and part of the medical a team. we're having you on because president obama is touting the effects of his health care plan, now six months into it. it's about to roll out. so he's touting all of this, and saying that, you know, for example, you're going to be covered under your parents' plan until you're 26, you're not going to get kicked off and there's not going to be any lifetime cap and he's trying to tell us basically, robert, that we should love it, even though only 38 percent of americans do. does he have a point? >> well, it's true that many people are going to have more coverage than they previously had. but all of the focus this week has been about the new benefits, but what's often been missed in this

discussion is the fact that all of these new benefits have higher costs associated with them. it's a basic principle of economic that is when you add new benefits to a policy or if you add more people to a policy, that that incurs higher cost and that's going to be reflected in the cost of health care coverage. megyn: but insurance people like you are supposed to not charge that to the patients because the obama administration says you won't need to because you'll have so many new people being insured because of a mandate that that will offset the cost and therefore the consumer should not be burdened by your additional costs. >> well, the mandate that you're referring to actually isn't taking place for three more years, so in the interim time period you have many people who are going to be getting more benefits but they're also going to see higher costs associated with that. so we really have to be focusing on the cost question. if you talk to families, if you talk to small businesses, that's their number one health care concern, health care costs too much and we have to do what we can to make it more affordable. megyn: kathleen sebelius, health and human services secretary sent out a letter

that said they expected rate increases on the premiums to be upcoming, saying essentially you're going to answer to me and if you attribute these to the new health care law we're going to have to talk, because this is not what we expected, we expected increases in maybe 1 percent to 2 percent, not big double digit increases. is that a threat that's real? i mean, a lot of that, people look at her as a consumer advocate. >> well, look, health insurance premiums are not arbitrary decisions, they're based on actuarial principle, taking into consideration how much health care costs are going up, how much the economy is impacting peoples' ability to keep their coverage, what the new benefits are in the legislation. we really need to be looking the a the data, what that looks at. this political rhetoric isn't going to make health care coverage more affordable and it's not going to solve and questions and concerns that the american people have raised. megyn: one group, dr. siegl, that they've refpd out to is senior, they seem to try to convince the senior that is this is a good bill for them, yet the approval rating of seniors towards this law is even lower than that 38 percent, they're

convinced it's not going to be good for them because it's going to make major cuts in medicare, they say. >> i think that it's obvious that president obama has not been to a doctor's office lately. if you come into my office, you see longer waiting lines. robert's point is right, the costs are going up, my patients are upset because premiums are going up, right now their deductibles are going up so they're paying more out of pocket, the copays are going up, if they lose their job, they don't have insurance. seniors are waiting longer and longer, they have more problems i have to take care of. nothing in the health reform is going to take care of that. even the issue of adults providing children's health insurance, i heard from three patient this is week that their kid is over the age of 20 are not getting insurance. you know why? there's a loophole. they were never on a policy before. they can't just add them if they've never been on the poll sefplt all of this is driving costs up, and i'm not a big fan of the insurance industry, i'm not exactly on robert's side but i'll tell you one thing -- >> megyn: they got behind this bill. >> that's one point. the other is they're a low profit industry. that's not something the president talks about.

they only have a 4 percent profit margin. of course as the costs go up they're going to make the premiums rise and americans cannot afford that. we know that premiums are going up. megyn: obviously, americans are worried about cost, that's an important piece of this but they're also worried i think mostly about their coverage, their health and that's where you come n. you're an actual doctor, you lay hands on people and try to help them heal. today there was a report in the l.a. times that anthem blue cross and aetna, these are major insurers, are now saying that they will stop offering new child only policy, in several states, because they're saying that under the new mandates, they just can't afford it, they can't take all these children on because they're going to be mandated to cover them whether they've had preexisting conditions. they docket it. >> megyn, this is a great point, this is medical spin of the future because kids are preexisting conditions won't go on the policy until they're sick. that's an incredible cost. what we're going to see, this is a cheat, people won't get the services they're used to. i'm already seeing that in my office in advance. megyn: how? >> there's a patient they

ordered a cat scan on last year, showed something, i want to do a followup, it's turned down. i'm mowing -- seeing more denials. this is a medicare patient i'm talking about, i'm seeing it with private insurance, with the government. the problem is greater with medicare because it's harder for me to appeal. the more appeals i have to do with the government, it's easier for me to appeal with a private insurer because i make one phone call to a medical director and they say i was in practice once, dock, i understand that, i'll approve it. it's a mess. my whole day now is spent fighting insurance, and it's going to get worse and worse under the reform bill. megyn: now this guy don add bruic is the health kwaeur czar, overseeing medicare and medicaid, spokedly they're going to make efficiency revisions to medicare and medicaid to make your life and your patients' lives easier. >> i don't think that medicine works that way. by the way, we're going in the way of direction -- in the direction of solution that is are personalized. technology is going to say what works for you doesn't work for me and the advisory council is going to say i'm sorry, that treatment isn't cost-effective. once it's been turned down,

i'm not going to be able to appeal for it. they talked about no copay for mammograms, at the same time, they're coming out with recommendations that you may not need a mammogram over the page six -- over the age of 40. this is a total mess. medicine cannot be practiced this way. megyn: richard, i want to raise that point. now you have criticisms of the law on the cost, but in the insurance industry, they got behind this, you know, they stopped this once before, and this time, they said okay, we're all in, because they thought they were going to make more money because they would have more people on the rolls. it's hr-rd to -- hard to listen to an insurance industry advocate come out and start complaining about the law. >> i got to be honest, megyn, if you listened to everything that our industry said for the past two years now, we said that the proposals that were going through congress didn't do enough to address cost. in fact, actually, what the legislation was going to do was actually bend the cost curve upwards, into legislation that includes $70 billion in new health care taxes. it's going to increase the cost of coverage for families and small

businesses. there's also taxes on pharmaceutical companies, on device manufacturers. so all of that is going to act like a sales tax and just add costs up even more. so we said that for the past year, that the legislation wasn't going to address the cost crisis that's facing the country and that most people care about. megyn: i got to go. >> it's the kind of insurance that's too easy to overuse. there's no brakes on the stefplt that's what drives up the cost the most, no payment out of pocket in the ups. you go to belgium, 30 percent is paid out of pocket. here, we're getting it we think for free. it's not free. megyn: well, i mean, this kind of discussion shows why the approval ratings is so low. the administration is trying to turn that around. it's no accident they're doing that right now, heavily, in advance of these midterm elections, because that issue has become so critical, gentlemen, thank you very much. >> thanks megyn. >> thank you. megyn: still struggling but i'm here! according to a new book by bob woodward, president obama admits politics are more important than victory when it comes to afghanistan, saying, quote, i can't lose the whole democratic party. this is big, and it's just ahead. plus a couple of florida

burglary suspect with respect fast and furious before two tasers took them down, just ahead a. special kelly's court with how the cops handled this one. >> a woman who says a tkaoebg at -- local d.a. tried to handle more than just her case and she is -- and she is not alone. >> not only is he picking on women, but he's picking on women in vulnerable positions. he has abused his power. he needs to know that anyone, male or female, in his position has no right to abuse their power.

megyn: a police standoff in oklahoma, ending in a death defying fall from a bridge. would you look at this video! look at this guy. whoa! rush to capture this guy, he's a kidnapping suspect, and he allegedly tries to, hell, hang himself, a belt around his neck snaps and he

cart wheels into the river. rescuers fished him out alive and arrested him, and now investigators say that suspect is the father of an eight-year-old girl, reported missing. police found that little girl at the scene, unharmed, thankfully. a courthouse sex scandal, exploding this week in the state of wisconsin. at least three women now in one week accusing this wisconsin d.a., ken crantz, of soliciting sex from them. most recent case, a female ex-con seeking a pardon from the governor, something she needed the district attorney's support on, this guy's support on. maria ruskowitz said she was trying to turn her life around in the wake of a drug arrest back when she was a teenager, she was looking to wipe the felony conviction off her record because she had been accepted to law school. >> i was freaked out, and this wasn't just oh, you got a nice skirt or i liked your hair color, what are you going to do to please me

between the sheets. he had authority and that could have been the result of sexually not pleasing him and that scared me and intimidated me. megyn: that d.a. repeatedly sexed her with racy text messages but she only came forward when at least two other women made similar claims. right now this d.a., still has his job. former prosecutor wendy murphy has a thing or two to say about that and she's my guest now. wendy, in the wake of these allegations, it's not just maria, there are two others, at least. >> at least. megyn: who have come forward. he goes on immediate medical leave and is refusing according to the reports, refusing to resign. so what can you done, what should be done? >> well, first of all, is there a reason he can't resign and then go in for a tuneup? i mean, really. mig right. >> what bothers me about the idea that this is some kind of mental or medical problem is that this guy, if he was compulsive, for example, would have been choosing all sorts of women, instead, he

was only picking on the ones over whom he had particularly strong amounts of power. victims of domestic violence, he's handling their case, the poor woman seeking a pardon. huge power over her. this wasn't a compulsion or medical or mental health issue, this is a poor excuse for keeping him in office. and you know what, megyn, the fact that he won't step down, knowing that because of what he's done, other victims, other female victims of rape and domestic violence who might need justice, will not reach out for it, at his office, and the fact that he knows they won't come forward and women will suffer extra because he's in charge proves how little respect he has for women, as if there was a doubt. megyn: because it's not just this woman who was going to law school and wanted to wipe off this felony conviction for marijuana. there's another woman, stephany van growl, a domestic abuse victim whose ex-boyfriend was charged with nearly choking her to death and the police report says this d.a. sent her

repeated text messages, trying to spark an affair with her, the victim, while he was prosecuting her ex-boyfriend, look at her, and texted her, wendy, 30 texts in three days, asking whether she was, quote, the kind of girl that likes secret contact with an older married elected d.a. and calling her a. quote, tall, young, hot nymph. how does this guy not get immediately fired? >> i don't -- you know, i'm almost speechless, which is rare for me, as you know. i don't know. because if this happened in a workplace, he'd already be gone. if this happened in an educational environment, he'd be gone. this is more than classic sexual harassment. the fact that these weren't his employees or students shouldn't really change the point that this was extortionist sexual harassment, extortionist. this is sexual corruption. it's kind of like take a payoff as public official, although it's not money. what he's getting is actually i think an even

grander form of corruption, if you ask me. look, i think the problem with wisconsin is they don't have clear laws about this, number one, nor do they probably think they needed one, which i understand. megyn: right. >> but also getting rid of the guy in this circumstance appears not to be an easy thing to do. the governor said he's taking steps but the guy can appeal, so he can keep sticking around. when there's no place to go, to remove a public official in this circumstance, there's only one thing to do: the public should rise up, protest either at his office and or at his home, until he really has a mental breakdown! they leave office. megyn: the whole department needs to rise up. >> they need to organize around this. it's absurd. megyn: the governor, jim doyle, it's worse than you said, he plans to start the process of considering removing him from office. it is a long way from actually getting him. we got to run but interesting, we're going to stay on this. thank you very much. >> you bet. megyn: and folks, we just got this video from the middle east, in the last hour, a round of rioting breaking out not long ago. we're live on the scene, just ahead.

plus well ma hart, the woman cross-examiningcould switi woman cross-examiningcould switi president obama this week, the new joe the plumber.

megyn: celebrity heiress paris hilton making a tight turnaround in tokyo, japanese immigration denying her entry into the country, two days after she pleaded guilty to cocaine possession in vegas. so our paris' -- are paris' globe trotting days over? trace gallagher, she showed up there and they said no! >> reporter: in two weeks, gets kicked out of the wynn hotel and japan? that's a bad run. she went to japan to promote her fashion and her perfume line, then when she got off the plane she interviewed her for six hours. what do you talk to paris

hilton about for six hours? and then she spent the night at a hotel there at the airport, or whatever you -- the resort there at the airport, then they turned her back around and she got back on the plane, she flew home, but as she was getting on the plane the reporters caught up with her. listen: >> i'm going back home, i look forward to coming back to japan, and i love everyone, and my fans. i'm really tired. >> where are you headed now, where are you headed? >> >> reporter: but now that she's canceled that, she's also canceled her entire asian tour, malaysia, indonesia, she says she's very disappointed but she's not alone in getting away -- alone in getting turned away from japan. pat mccartney, in the '80s, and the rolling stones had to fight forever to be able to tour in japan. they were finally allowed in and diego maridana, the soccer star, he was allowed

in for a brief stint to do the world cup a few years back. maybe it she could sing, they'd let her in. megyn: i love the fact that she's looking forward to get back to her fans. who are they? why do they admire her again sorry, one of those moments. if you're watching, you saw car thieves lead miami police on a chase that spanned two counties. this was unbelievable. when it was all over, one suspect was on the ground and taeudzer -- tasered. excessive force? that's in kelly's court. it could be a turning point in the war in afghanistan. a new book, ripping the roof off the white house and suggesting that politics are driving our battlefield decisions. plus we just got this video from the middle east in the last hour, a round of rioting breaking out not long ago. we're live on the scene, just ahead. let me tell you about a very important phone call i made.

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megyn: fox news alert awaiting reaction from the pentagon as an explosive new book suggests the president of the united states may be putting politics ahead of american lives in afghanistan. that's where we begin this new hour of "america live." hi, everybody i'm megyn kelly. journalist bob woodward releasing "obama's wars" describing a split in the administration over pleasing democrats or wink the war in afghanistan. quote, i have two years with the public on this. then when referring to withdrawing the troops demanding at one meeting, quote, i want an exit strategy, quote, i can't let this be a war without end. and explaining, i can't lose the whole democratic party. jennifer given is live at the pentagon. jennifer apparently the white house wants us to believe that they are happy with this book, why is that? >> reporter: in a way they are happy, because what comes out of this, look at the timing of when it was released, it's released

before the midterm elections, have you a president with a very unpopular war, his democratic base doesn't want us to be in afghanistan, so they have this book being leaked out with private conversations between his national security team and him where he's in fact saying that i don't really believe in the troop surge that he signed off on sending 30,000 troops over there in the last year. that he is serious about an exit strategy, he wants them out by july 2011. this all plays into political hands because in essence it's saying that, yes i went along with my generals, along with the pentagon, i sent the 30,000 troops but i want them out almost as soon as they've unpacked. megyn: yet some of the quotes from his generals and his national security team in this thing are apparently as bad as what general stanley mcchrystal told rolling stone which of course got him fired. >> reporter: it's true. and in fact i think some of the quotes attributed to general

petraeus, attributed to several others, they really -- they could have got even those generals in trouble if obama hadn't already fired two, four-star generals out in afghanistan. but now he can't be seen as firing more four-star generals. so what you're seeing outlined in this woodward book is the tension between the pentagon, the generals fighting the battle in the field and the white house, which has very political concerns, and concerns for the upcoming elections. there are some very heated rhetoric behind the scenes, and these divisions, they've been very good at sort of paper erring over them in the last year and a half but it's very clear that there is a lot of tension. megyn: yeah, there is one quote from general david petraeus who is now over seeing the war in afghanistan calling david axelrod, a complete spin doctor. another quote from james jones the retired marine general who

is national security adviser calling the folks at the white house his aides, the pollet bureau and there are others exposed by the book. >> reporter: general petraeus is quoted on a plane back to afghanistan feeling he wasn't getting the support he needed. he uses an expletive according to the woodward book saying they are messing with the wrong guy over here. there are tensions between the political advisers and the four-star generals. the passenger down-playing this saying in essence we are not in the business of giving book reviews, so they are sort of punting at this moment. they don't want to get drawn into it. but the timing for this to come out, megyn is very damaging. and again if it hadn't been for the rolling stone article i could see certain people being shown the door as a result of this book. megyn: very interesting but you make a good point. once you've let somebody like mcchrystal go how many heads can you put on the chopping block before it gets ridiculous.

thank you so much, lady. >> reporter: thank you. megyn: the white house responding earlier to bob woodward's book by saying quote the president comes across in the review and throughout the decision-making process as a commander-in-chief who is analytical, stra staoepblg i can and decisive w a broad view of history, national security, and his role. you can't accuse bob woodward of obama bashing. he wrote four books on former president bush, praising him in the first two, criticizing him in the last two. the third book, state of denial, you can tell from the title it's not going to wind up too well for bush ends up with quote, with all bush's upbeat talk and optimism he has not told america the truth about what iraq had become. he failed to lead even as the iraq surge succeeded. we will have our power panel weighing in on the revelations

in this latest book and they go on and on. from the stuff general david petraeus said about axelrod and others to president obama saying he's setting a timetable in the afghanistan war not because it's the best for our troops or nation but because he can't lose the democratic party? that is coming up in 25 minutes. well the gop is getting set for a potentially game-changing move. house republicans less than 24 hours away from unveiling their new agenda. details scarce but fox news has learned some of the provisions include a move to dial back if not repeal the new healthcare law. even sure that terror detainees are not imprisoned on u.s. soil and a change in-house rules requiring lawmakers to establish the constitutionality of bills before consideration. some analysts are comparing the new agenda with the contract with america back in 1994, and

i'll give yet another shamless book plug to my friend and old fox colleague major garrett, the even during revolution, if you want to know about that back in 1994 he says you can get it on amazon for a penny. that's worth it. now to michelle obama and the midterms. the first lady set to kickoff a multi-state tour for democrats next month. the white house says she will rally voters behind specific candidates. aids says it means she won't be attacking republicans and leave the hard-core politicsing to her husbands and others. her tour is wisconsin, colorado, california, new york and washington state. live to the united nations. president obama is set to arrive there this afternoon for a peach later today and he is certainly not the only world leader taking to the mike. yesterday we heard from iran's president mahmoud ahmadinejad and he got quite a different reception from the u.s.

delegation than he did back in may when the u.s. delegation got up and walked out during his speech. check out what happened yesterday? the u.s. delegation sat and listened as ahmadinejad railed against capitalism. we hear there's been a development on the iranian nuclear issue. >> reporter: let's start with the news that there has been a set back for iran here at the united station nations. russia was going to sell a nearly billion dollar missile system that tehran could put around nuclear facilities to protect them from any air attack. we are told russia has canceled the sale of the very sophisticated system that iran could have used for defense. this comes while the security councilmembers are meeting to talk about what to do about the program. ahmadinejad has indicated he's interested in talks.

that is the message that diplomats are bringing to iranian counterparts. british diplomats will be telling the iranians that the sanctions will only get tougher if they don't sit down to talk about it. brak thinks the sanctions are more serious. he says it's time for the sanctions and that the sanctions and measures should get tougher. >> i believe it's time for sanction, but it will end in relatively short time and we have to start to think what comes later. we, israel believe that no options should be removed from the table. we recommended it very strongly to all our friends in the world. >> reporter: when you say no options does israel have the will to attack the iranian nuclear facilities? >> i don't think that is an issue to talk about in front of the tv.

but israeli is a sovereign state that ultimately is to be responsible for its future, and we of course reserve under whatever circumstances the right of self-defense. >> reporter: again president obama will be here this afternoon discussing the issue of world poverty. he will likely address the iran-nuclear issue when he addresses the general assembly tomorrow. megyn: we watched the arrest unfold two hours ago live on fox news and there are already questions on how police handled it. a shocking end to a high-speed chase as cops unleash a torrent of tasers. did they go too far to bag a few burglary suspects? smashing new video in "kelly's court." it could be a major road block on the new road to peace in the middle east. tensions boil over on one of the holist places on the planet. live to jerusalem next. she said it right to his face, mr. president, i voted for you

but i'm exhausted from defending you. will this obama supporter be the next joe the plumber? our friend richard socarites says -- wait three minutes and you'll hear directly from him. >> i was told i was voting for a man who would change things for a moaning full way for the middle class. i'm one of those people. and i'm waiting sir, i'm waiting, i don't feel it yet.

putting the president on the hot seat during a candid discussion on live tv on monday. here is velma heart and the question now heard round the country. >> i'm one of your middle class americans. and quite frankly i'm exhausted. i'm exhausted of defending you, the administration, defending the man that i've voted for and deeply disappointed where we are

right now. i've been told that i voted for a man who said he was going to change things in a meaningful way for the middle class. i'm one of those people and i'm waiting, sir, i'm waiting. i don't feel it yet. megyn: could velma become this year's joe the plumber? richard socarides is former special assistant to president p- bill clinton and my tpwez right now. the joe the plumber moment in the campaign became really important because he stood for how a lot of people felt. the question is whether she does as well and could that come back to haunt this president? >> reporter: i don't think it will be a joe the plumber moment, because i think this exchange had a lot of dignity to it, and this woman i think spoke for a lot of americans, but did it with a lot of dignity and a lot of respect. the little piece just before the piece that you just showed, she started off her questioning by saying how deeply honored she was to be here with the president. i think it was significant that she was an african-american woman. she was more like kind of an older sister, i i i think.

she was saying, i'm with you, we're with you, i respect you, we respect what you're trying to do but we're not getting it. megyn: she likes president obama, believes in him, at least did and now the bloom is coming off the rose because she's been waiting for real change, for a real impact in her life and quite frankly isn't seeing it. >> reporter: i don't think this will be used against him although it was a very stark lee personal and kind of dramatic moment. people will remember it, but i think presidents -- it's very easy for a president to be cut off from what people are saying, and i think this woman spoke for a lot of people, and every once in a while a president will hear something from something in an impromptu exchange and it will really stick with you. i think this is the kind of thing that will stick. you can tell this woman was speaking from the heart and saying to him, you have to change course, you have to do something differently. what you're doing now is just not working for us. megyn: it seemed like it almost was bigger than that, you tell

me. because when i saw that exchange i thought, this is the reason his poll numbers are where they are. this is the reason you've got people like sharon angle and christine o'donnell who people paint as extreme, nonetheless rising above in the polls or at least in sharon angle's case doing all right and christine o'donnell winning the g orbg p nomination. the election so much is not exactly about these republican candidates about angle and o'donnell and miller in alaska, it's about the velma's of the world who just say i just want another option. the way we've gone it's not working for me, i need another option. >> reporter: i'm kind of agreeing with you. i think it was a significant moment and i think we'll look back on it. but i think it's a significant moment in which the president can change course, in which the president maybe will have an incite into something. megyn: how at this point. >> reporter: i think with larry summers leaving and perhaps with rahm emanuel leaving, and we predicted two weeks ago before

anybody else had it. i think he has an opportunity with lar lee summers leaving to change economics. rahm emanuel may leave. megyn: is it too late? people are now looking at this, we are pushing two years into this presidency, and they don't see the meaningful change. they keep being told by the white house, it's coming, it's just not coming fast enough, and they don't believe it, and they see high unemployment and a focus on cap and trade and a focus on healthcare, even though they say it relates to the economy people didn't seem to buy it. only leading up to the elections the last minute, i do care about the economy, let me roll out another stimulus and bill that isn't going anywhere and tell you that i care about the economy. and you have people like velma saying i'm going to have frank and beans again when my husband and i thought that was that we were past that in our lives. >> reporter: it's certainly not too late for his presidency. president clinton who i worked for was in a very difficult spot during his presidency.

megyn: you tell me as somebody who worked closely with president clinton, wasn't he so different from president obama? don't you see a big contrast between the two men. >> reporter: they are profoundly different people but anybody can change. i think he has an opportunity here. presidents, two years if he's president for eight years, two years is only a quarter of it. and i think there is a big opportunity to change course to change direction. i think that we'll have to see what happens in the midterms. i think the midterms, we are starting to hear, i'll make another prediction just for you hear today. megyn: bring it. >> reporter: i think the momentum on the midterms is start to shift back to the democrats. you're starting to see a little bit of it, you'll see more of it next week. it may be the beginning of something big. i don't know if it will shift back enough for them to hold on to the house. i think you'll see they'll hold onto the senate and they just may squeak by and hold onto the house. megyn: i have to ask you one other question. one of the criticisms of

president obama in the exchange of with velma was ace body language. he laughed, he had that big smile, he looked uncomfortable. some say it plays into the scene this he's arrogant, is that -- >> reporter: i think people are over reading into it. i looked at that. i think it's hard -- what he was getting from this woman was hearing from this woman was very hard to hear, very awkward to listen to. you could tell the people in the room. megyn: this is coming off the rails. >> reporter: this is uncomfortable to be in the room. i thought she was very dignified. i thought he handled it in a very dignified way. there are maybe a couple of uncomfortable moments. megyn: sometimes you laugh out of discomfort, sometimes you do. >> reporter: i think it was fine. i actually think at the end of the day this will be good for him because it showed him listening to real americans, actually listening, sort of maybe taking a little medicine from an older sister, and if he

uses it as something that he keeps in the back of his mind as a turning point what he has to do he's got some real opportunities now. megyn: a man's perspective. >> reporter: one man's sper sper specht euf if you believe it. megyn: you were right about the summers thing. we have new video coming in of jerusalem's holist site. look at this. in three minutes you can see what sparked this latest round of violence and what could happen next. one parent finds herself in hot water after spreading a little too much good advice at a high school dance. the colorado condom controversy, just ahead. [singing] ♪ 1965, a lot of good thin came out that year

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megyn: well drama at a high school dance in longmont colorado where the mother of one student apparently showed up at the homecoming event and started handing out condoms telling the students, quote, condoms are cheaper than babies. a spokesman for the stool district said he swaus shocked when he found out about it -- was shocked when he found out of it calling it a grows intrusion into policy. deadly violence boiling over in jerusalem today. one palestinian man was killed, 19 others were injured as israeli riot police moved on the temple mount and wailing walls in east jerusalem trying to push back vie otters. look at this video. rina is money erring it all in

jerusalem. >> reporter: following a day of some of the most intense clashess police entered the mount compound. this is the violence that erupted in jerusalem today. angry palestinian youths clashed with israeli police after an israeli security guard killed a palestinian father of five in an east jerusalem neighborhood. it's predominantly palestinian but a place where a small group of israeli jews reside. the violence has spread to other palestinian neighborhoods like this one. the worry is that this violence could now derail direct peace talks that have only just begun. police officials tell fox news they don't know what to expect in the coming days. adding to the tension here there is a ten-month settlement construction freeze that is set to expire come sunday.

palestinian president mahmoud abbas says if it does not continue he will drop out of talks and it will lead to escalation of violence here, megyn. megyn: we will drill deeper into a bombshell of a book in three minutes, claiming incite into the president's strategy on afghanistan. and what would happen if we here in america took another big terror attack. you might be surprised how he feels about it. hot pursuit in miami, how this high-speed police chase ends and it lands the officers in "kelly's court." did they go too far? plus, moses parting the red sea, the bible calls it a miracle. now a brand-new explanation has surfaced for exactly how it happened. >> be hold his mighty hands!

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megyn: fox news alert, we are awaiting an arraignment in the corruption scandal in bell california after police busted former bell city manager robert rizzo as well as seven other current and former officials all charged with misappropriating public funds. this after an audit showed the city mismanaged more than

$50 million in bond money while these managers paid themes quite the fat-cat salaries. live now to the united nations for you here. president obama is set to arrive there later today giving a major policy address to the general assembly on pledges to fight child mortality. the president may spend a good deal of his time touting u.s.-foreign policy they say. back to our lead story on an explosive new book suggesting that president obama may be putting politics ahead of the safety of your bravest americans. journalist bob woodward releasing "obama's wars" describing a dived inside the administration over military strategy and suggesting there is a white house phoning us on pleasing the democratic party as opposed to winning the war in afghanistan. several excerpts from the book quoting the commander-in-chief

saying quote i have two years with the public on this. insisting i want an exit strategy at one meeting and saying i can't let this be a war without end. quote, i can't lose the whole democratic party. lieutenant bill callen. john bolton, and simon rosenberg president of a left leaning think tank and former adviser to president bill clinton. ambassador bolton let me start with you. there are stunning allegations by bob woodward in this book. the two perhaps biggest are number one president obama set this withdrawal date because he cares about the democratic party, he doesn't want to lose the whole democratic party. number two when speaking about a possible terrorist attack and this nation, he says, quote, we can absorb a terrorist attack. we'll do everything we can to prevent it. but even at 9/11 we object

soerbd it. liz cheney said he needs to explain that. your thoughts. >> reporter: if this reporting is accurate and the book is accurate it is some of the most coldblooded cynical grotesque lee manipulation of national security that we've ever seen. the quote apparently is a quote directly from the president to bob woodward. the notion that a president would say that in that kind of callous and utterly proceed pwot particular way i think is yet further indication that obama is not qualified to be commander-in-chief. megyn: what do you make of the comments specifically about getting out of afghanistan because of concerns of how the democrats will react. it's i can't lose the democratic party. that's why we have to have a withdrawal date for the troops in afghanistan. according to bob woodward that's how the president feels. >> reporter: i wonder about the troops serving over there and

those who have served there and made large sacrifices, what they think when they hear words like that. we are take being at face value that everything woodward says in the book is correct. for the president to put politics above victory, and he's very clear about that, it is about politics it has to be disconcerting as the ambassador suggested not just to our military people but to everybody in the united states. megyn: simon, apparently according to the book some of the president's own advisers have serious doubts about the president's afghanistan strategy. they say, for example, richard holbrooke his special representative for afghanistan/pakistan was quoted as saying. it can't work. there was push back on the president and the president basically sent the 30,000 troops to afghanistan because he was trying to pursue a strategy that the president really ultimately i don't know whether he believes it can work or not but wanted done one way or the other because of politics, because he was worried about losing

democratic votes. >> reporter: i think first of all the idea that he was worried about democrats in every foreign policy decision, domestic, public opinion it has to be a factor, it just has to be a factor. remember when we're talking about democrats that was 53% of the country that voted for president obama in 2008 so it's a majority of the country. i want to say three quick things. one, i think the debate that's been described in this book is the kind of debate you expect to have when decisions of this magnitude are made. and i'm proud this administration went through such a deliberative process. second, domestic public opinion has to be a factor in every foreign policy decision. the country is weary of unfunded wars that seem to go on forever. i think he's right that he can execute a strategy that brings the public along. third the idea that somehow he's poe lit stkaoeusing foreign policy, what ambassador bolton was saying earlier, it's hard for me to sit here and listen from an administration that lied to the american people time and

time again about their aspirations in iraq to listen to the kind of rhetoric that he was using about this president. the president is doing what he said he was going to do when he campaigned in 2008, he's stuck to his word, he's powering down in iraq, putting resources into afghanistan. megyn: i'll give you a chance to respond. >> reporter: in 2008 the democratic party line was a iraq bad war afghanistan good war so the democrats could overcome their reputation for weakness in foreign policy and national security. if this book is close to accurate almost from the moment he took office he pivoted on how to get out of afghanistan. what was thoroughly cynical about that is if he honestly believed we were wrong to be engaged million tear lee in afghanistan he should have made the case, withdrawn our troops and not exposed them to 20 months of being in harm's way and death and wounding and that's that's encompassed in that. if he has any beliefs at all

make the case, get our military out of combat. megyn: what about that lieutenant, bill. he had biden going around trying to make the case, don't do it, don't go for the surge. the president put himself in the po position of rejecting that advice, sending the troops but believing that victory is not possible. that's something that comes out of the book, he won't use the term victory, he's not thinking in those terms, he's thinking in political terms. >> reporter: he wanted joe biden to run around and be the counter weight as to what the military was asking. biden could hit the middle ground. by all appearances perhaps vice chief of -- vice chairman of the joint chiefs of staff may have joined him in that and helped him out a bit according to the book. the other thing the president said which is very important, he says i have to be sure when i leave office that there's less troops there than there were when i went into office. you have to sit back and say, what does that have to do with developing effective strategy,

focusing on winning not just getting out. megyn: what do you make of the internal sniping. we are not talking about low level bureaucrats, we are talking about general david petraeus who is respected in this country as calling david axelrod, a complete spin doctor. obviously no love lost there. talking about how this incident jumped out at me in a new york times report. dennis blair was fighting with rahm emanuel white house chief of staff to this day during an intelligence briefing in may of 2009, dennis blair warned the president about possible terrorists training to come back and attack america. rahm emanuel chastised him saying, quote you just want to put this on us and it's not our fault. when i hear a discussion like that might have happened and the chief of staff's reaction was, you're just trying to blame us i get a little concerned. >> reporter: look i said as we said earlier if the reports are

accurate, if these things really took place. megyn: simon you keep saying that, let me -- i'll let you answer after that. >> reporter: thank you, megyn. megyn: the white house has already weighed in on this and we read their statement earlier in the show, they are praising it saying the president comes across as a devisive clear leader, they are not saying they got the quotes wrong. >> reporter: if i can fun i shall. if all i'm saying is that governing is a messy thing and there are debates that happen every day in the administration. i think at the end of the day what history will care about is what actually happens on the ground in afghanistan and whether things improve there in the next several years. i think it's too early to know. i think president obama has brought in the best war fighter that we have general petraeus to execute on the strategy and it's easy for john bolton sitting on the sideline to be critical. let's see what takes place in the next year. if you bring me back a year from now and things are worst i think it will go down in history as being a folly of this president. i think it's too early to know, i want to give it time, i trust general petraeus, i'm optimistic

on what is going to happen in afghanistan in the next coming hearsay. megyn: i'll give you the last say. >> reporter: i think president obama is divorced from the american people. i think the american people have the wit to know what that means. megyn: i appreciate all three of you being there. all the best to you. coming up in 20 minutes studio b. with mr. sheppard smith,. >> reporter: bill o'reilly will be here. he's trying to sell a book. we are going to talk a lot about that. we'll talk about politics, about christine o'donnell from delaware, her opponent and we'll talk about the interview that he's set to begin in 18 minutes with jon stewart. he's going on jon stewart's show, jon stewart is coming on his show. they are pre taping this afternoon, 3:00 new york time. he'll come to us right after that. we'll talk about all that, cable wars and anything we can think about. megyn: this is what you have to say to him sheppard, i'll give

you the last word. >> reporter: no i won't. megyn: see you. they took the cops for a high-speed ride today, but did the police go above and beyond the law when it came to taking down these suspects? today's chase landing all of them in "kelly's court." during the break you can check out foxnews.com/"america live" click on the on the docket session, read up on the case before the gavel drops, next. [ male announcer ] if you have type 2 diabetes,

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so freestyle lite test strips make testing... [ man ] easy? easy. [ man ] greatcall or click -- we'll send you strips and a meter, free. fr is good. [ man ] freestyle lite te strs. call or click today. [ but aleve can last 12 hours. frtylenol 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 for this "kelly's court," on the docket today men in blue under the microscope after a smashing end to a high-speed chase. squad cars tailing a group of burglary suspects through the streets of miami a few hours ago. the driver weaving in and out of traffic, flying through intersections, with zero regard for human life, look at this guy. driving up on a lawn at one point in a residential area. police finally in position for the pit maneuver and they pull

it off by the book, there it goes. but the take downs and the foot pursuits that followed leaving officers with some explaining to do listen to the chopper. >> reporter: we have the suspects in the vehicle being dragged out here. we have one guy being dragged by his heel. he's complying with the police officers too. he doesn't look like he's in too good shape, he's over. megyn: is this police brutality? rod wheeler is a former homicide detective and fox news contributor and host of cops and cases on foxnews.com kimberly guilfoyle is also here. you were involved in law for a chunk of your careers. you know what you look at the tapes what to look for and whether police have stepped over the line. the part that people are talking about in particular already is the part where the cops drag this one guy, the shirtless wonder, out of the car, and he's making all sorts of movements, he's fine, he's fine, he's fine, he's not fine. he is basically lifeless,nd this is the guy i believe who

got taken away from an ambulance on a stretcher. rod, let me start with you. did they go by the book. >> you know, megyn they did everything possible that they could to get these guys to stop this chase early on. when they finally did utilize the pit maneuver and the guys decided to bail out or tried to bail out the cops did everything exactly right. you know what i kind of knew some people would look at the fact that the officer was dragging this guy and say, oh, would you, that's police brutality. here is the thing the cops had no choice but to drag him out the car but for a number of reasons. remember there were four suspects in that carment one had jumped out. there were still two suspects in the car. the officer was trying to drag the guy quickly away from the car and resist any type of attack against the officers that maybe the guys inside the car could have done to the officers. i think the officers did a remarkable job, megyn. megyn: look at the tape we are looking at right now, if we can rerack that and show them what we just showed them, that would be great. this guy, the shirtless guy gets

dragged out of the car. he seems like he's fine, like his upper body is moving and it looks like this guy is tase erring him the entire time and then he's lifeless. >> well urbs know there are a lot of problems, kwopbt verse see with perhaps over use of tasers, that's for sure. sometimes do they use it to liberally? absolutely. in this situation they have a high-speed chase. emotions, adrenaline is going, they don't know who the occupants of the cars are. having done hundreds of these cases down at the l.a. d. a.'s office, you don't know if you have a parolee in the car, if they have any concealed weapons. you don't know if someone is a third striker. i'd handled cases just in this exactly situation, somebody says no way i'm going back, too much to lose where officers have been shot when he's occupants, multiple occupants of the vehicle exit and start shooting at the officers. this happens more often than you can imagine.

is it a great thing that he's continuing to taser him, no. you have to secure the scene, you have an obligation to the public and the safety of the officers to make sure that the individuals are not armed and dangerous, because, guess what, they have flagrantly violated the law by going 90 miles an hour. megyn: if i'm playing the part of this guy's dense attorney. it's going to wind up being a plaintiff's attorney. >> money. megyn: he's basically the shirtless wonder, where on his person was he likely hiding a weapon. pay no attention to the shorts. they had him, they dragged him out of the car by the foot he wasn't resisting, he was basically just on the ground, he wasn't throwing a punch. there is no need i'm going to argue as the defense/plaintiff lawyer, for the cop to have the constant taser to the point where now my guy is live lesson the sidewalk. go ahead rod. >> how do we know that this guy with us not going to resist? look at the fact that they had to drag him out of the car by his feet because the guy was trying to resist getting out of the car so the officer grabbed

his foot. i've been in that situation and i can tell you firsthand i've had to drag people out of the car the same way, and it looks material but you know what with some of these felons on the street, and these are felons you have no choice to use that tactic. megyn: what's with the instant use of the taser. can a case be made by the defense lawyer, not necessarily with this guy, but with the shirtless wonder, why go for the taser immediately. you have him by the ankles. if you tase him to the point where he's knocked out you've over tazed him and he could be subdued by lesser means. >> they will probably bring a lawsuit, absolutely. we'll see what kind of injuries and hurt feelings he has to sue the city for a whole bunch of cash. if he has serious injuries there could be a problem here and he might be able to recover something. we'll see what kind of character we are dealing with, whether or not the cops ran him, ran the plate, determined who was the registered own for that was someone who had warrants out for

their arrest. megyn: that all factors in. >> they say oh my god this guy has a warrant out for a concealed weapon. this guy has been to st. paul. you better be on your game when you pull somebody over like that. you know what they are going to say is the least i could do was use nondeadly force. megyn: rod and kim leer lee -- kimberly great discussion. one final word for our viewers, police appear to have acted within the letter of the lie. you -- law here. you clearly have suspects avoiding arrest, hence the hundred mile speeds through the streets. sometimes tasers can lower the risks to all involved. having said that you can bet that the cops will be hearing from those suspects tkurpbd plaintiffs' lawyers, because that is the world in which we live. we'll be right back.

megyn: remember that little old story in the bible where moses parts the red sea? classic. then he makes it come down again. now we are hearing there may be scientific proof to this story. trace gallagher is in our west coast newsroom. you mean more proof than actually seeing charlton heston do it on camera. >> reporter: the special effects were amazing in those days, megyn, you have to admit. no matter what your religious beliefs are this is a fascinating theory. in the old testament it says

that god through moses parted the red sea allowing the israe israelites to come through. they now say it may not be the red sea, it may be further down the mediterranean where the nile meets this coastal lagoon, they say it could have been a weather phenomenon called wind set down. the wind goes 63 miles an hour for 12 hours and it pushes all the water out. the wind would do that for 12 hours, after a period of time the wind would stop, and the water would come back, that's what they believe happened in this case. now it would back up the accuracy, right of the old testament, the problem is it would cass some doubt on the whole theory of devine intervention, but they are saying that maybe after all the

israeli teues weren't the chosen ones, they were the lucky ones that got the perfect weather at the perfect time. megyn: denial ain't just a river there egypt, trace. >> reporter: that's a great one, that's right. megyn: i think that's the cold medicine talking. thank you, buddy. they cut him off that was rude, scary trace. bill o'reilly and jon stewart, the two go together like oil and water, yankees and red sox. o'reilly talks about his interview with the comedy central funny man and his new book coming up with sheppard.

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