top dollar for at the fish market, now swimming directly into the slick, thousands of fishermen, horrified as the gushing well at the bottom of the sea endangers their livelihoods. ahead of prime time soarist -- tourist season, beaches, the coast could be deserted, enough oil leaked to produce 100,000 gallons of gasoline, fuel for about 375 round trips between new york and los angeles, that spill now more than three times the size of rhode island. and president obama, halting all new off shore drilling projects effective immediately. kris gutierrez is at the heart of it all in ven iz, louisiana. now that the oil has reached the shore, is there anything standing in its way? >> you know, megyn, the thing they had deployed was that boom. we've been talking about it for the past several days. it's that orange floating barrier. that was the first line of defense. the concern is today these winds have really picked up, that means the sea is extremely rough out there. in fact we have video, and the problem is those waves are coming up and over that boom, and if there's oil in that water, it's coming right up and over that boom and right on to the shoreline. come back live and i want to give you an example of how wind it is out -- windy it is out here. it's hard for you to imagine at home but it is extremely window out here. in fact if you come back over this direction here, this is just a small, small channel that leads to the mississippi river. it looks fairly calm but you can imagine what it's like out on the wide open gulf waters and that's the concern today, megyn, because some of these ships, in fact this one over here, has pror of that protective boom. because it's so windy they can't get in the water now. not only is that boom failing in places, they can't skim the water, that means they can't pick up and soak up that oil, because it's simply too windy right now, megyn. megyn: kris, some very sensitive areas could be hit by this oil, correct? >> you're exactly right. in fact, more than 400 species have been identified as possibly in harm's way and we're not just talking about marine life. we're talking about birds. right now it's pelican nesting season. here's how one of the spokesman for the u.s. fish and wildlife service described this threat. >> this may not be a one-time thing we're talking. so we have to plan for the worst. and with the large spill in the area, we just don't know what's going to happen. so you always look at the bad part first, plan from there and back off when you have to. >> reporter: you know, there is a capture and rehab program within that service, and what they do is if they see that there are birds that need their help they would get out there, teams of them to get out there, capture them, they'd rehab them and set them free. the concern is mother nature. if they can't get out in their own boat, they can't get to the birds, they can't get to the marine wildlife or whatever they need to get to. mother nature is playing a big, big role. megyn: kris gutierrez, thank you. the environmental impact may only be outweighed by the economic fallout. fishing and tourism, looking at billions in losses. trace gallagher has that story from us live in our west coast newsroom. trace. >> reporter: megyn, they've said the long mantra has been look, you shut down the beaches along the gulf coast, you shut down tourism. as far as seafood goes, the seafood companies are filing or about to file lawsuits against bp. the fishing commercial season is under way right now. the problem is, they simply can't get out there because this oil slick is on top of the major harvesting areas for shrimp, as well as oysters. experts tell me it's pretty simple, the problem is they simply can't go out there and pull shrimp and fish out of waters that are polluted by oil. for the fish, it's a problem, because it gets in their gills. the good thing about fish is they can swim away from this, the same with fish, but you look at clams, oysters, and mussels, the small moving sea creatures, they simply cannot get out of the way. take a look at the numbers as far as the seafood industry goes, these are numbers from texas, texas seafood industry is $2.2 billion per year, that is mostly in shrimp. in louisiana, it's $2.1 billion per year, we're talking about shrimp and oysters. even as you kind of go up the gulf coast into mississippi, $205 million a year. alabama, $490 million a year. and then you get to the big one, down along lose -- along florida, it's $5.2 billion a year. if you compile the numbers, we're talking about a 10-plus billion dollar industry that is now being impacted. again, the commercial fishing season is under way right now. they simply can't go out there. and we're not just talking about currently. we're talking about years down the road, because no one is quite sure about how much the oil will impact the reproduction of the shrimp and the oysters and the fish, megyn. megyn: you got to feel for those fishermen who will already dealing with the recession and now this. frais galler, watching that piece for us. thank you. from one disaster to another, the own of that west virginia mine at which 29 people died earlier this month, now offering $3 million full benefits for life to the families of the victims, it was one of the worst american mining accidents -- it was the worst, i should say, in 40 years. massey energy now putting up 3 million per victim for that tragedy, plus five times each minor's salary, full benefits, and college for all of their children. the coal mine had a laundry list of safety issues before a blast caused it to collapse. at least one widow, already filed a wrongful death lawsuit. several others considering the same. one family, already saying that they're not interested in settling, saying, quote, my dad did not have a price tag. well, a short time ago, president obama addressing the number that best indicates the overall health of the u.s. economy. that's gross domestic product, or gdp. today's new gdp number showed the economy grew by 3.2%, from january-march. president obama, just a short time ago, reacting here. >> what this number means is that our economy as a whole is in a much better place than it was one year ago. the economy that shrank for four quarters in a row has now grown for three quarters in a row. and that growth has been a condition for job growth. megyn: any growth in the economy is certainly welcomed news to most americans, given the 9.7 unemployment rate. but the pace of the economy's growth actually slowed from last quarter when gdp jumped up by 5.6%. new word of a bombshell investigation today into goldman sachs. the feds, now opening a criminal probe into whether the firm or its employees committed securities fraud in connection with its mortgage trading business. this move goes well beyond the civil suit filed against the firm by the securities and exchange commission. david lee miller has more on this. david lee, so now in the wake of -- first it was a civil suit, now much more troubling criminal investigation. >> indeed. let's start with this, megyn. goldman sairs plunged about 9 percent today, this as analysts downgraded the company, continue to rattle investors. meanwhile there's a new development, fox that is confirmed a "washington post" report that the goldman sachs criminal investigation actually began weeks ago, and that now raises the question of whether or not this criminal investigation is linked to the sec civil case. as for goldman, a company spokesman released a statement to fox, given the recent focus on the firm, we are not surprised by the report of an inquiry, we will fully cooperate with any requests for information and goldman had previously denied any wrongdoing here. megyn: what exactly do we expect that goldman sachs might be charged with? >> the government is not saying, but if you use the sec investigation as a guide, you connect the dots, the criminal investigation is centered on mortgage security deals, the government is trying to find out if goldman sold a product to investors that it secretly knew was designed to fail and that would raise the question well, why would anyone sell a product they know is going to fail. the sec says the investment portfolio was put together by another goldman client who would profit if the securities being sold lost value. so in other words, at least according to the government, the deck here was stacked and goldman was being very well paid for taking part in this deal. goldman says however its customers knew what they were buying and the company did nothing wrong. megyn: there's a question about whether it did something morally wrong versus legally wrong and that makes a big distinction in connection with a criminal case. some people are saying goldman sachs is really not being treated fairly here, david lee. >> you're right, many of goldman's defenders are saying it's an antiwall street feshior that's resulting here in -- fervor that's resulting in nothing short of a witch hunt. they had a rally on wall street, demanding big wall street firms be held accountable for the recent economic crisis, furthermore the sec vote was 3-2 along party lines to file civil charges against goldman. and republicans now questioning the timing of the ungoing investigations, saying that they were timed to coincide for an overall call for broad legislation overhaul. and another thing to keep in mind, unlike the sec civil case, if there is a criminal prosecution here, and again, there might very well not be, the government must make its case beyond a reasonable doubt. very quickly, if past experience is any guide, the government could have a very difficult time making its case. last november, for example, two bear stearns execs accused of lying to investors, leaving behind a string of e-mail accounts and charged with criminal wrongdoing, were both acquitted. megyn? megyn: >> we're going to talk more about this with ben stein in just a bit. david lee miller, thank you very much. and we'll ask him whether or not he thinks this is a legitimate criminal prosecution or is this political by some folks in the administration. we'll, it is not just billions of dollars at stake in the gulf. wildlife, very much on the line. birds, fish, awe quatic an-- auquatic animals though call the gulf home. the impact that could last for decades, next. also it started as a hostage standoff, and ended in a high-speed chase. but this is not southern california. incredible video from a robbery, gone very, very wrong. right after the break. megyn: by mid june, this gulf oil slick could be larger than the nation's worst ever oil spill, exxon valdez, which happened in prince william sound alaska. scientists say at the current flow rate this disaster we're watching right now will hit the 11 million-gallon mark, 11 million-gallons of oil released into the waters that. is the number that was hit by exxon valdez in just about 50 days, they're expecting we're going to get there. when the exxon valdez ran aground and cracked back in 19 # nine a quarter of a million sea birds, nearly 3000 otters, hundreds of bald eagles and killer whales, all died, not to mention billions of dollars worth of fish. my next guest says this is a disaster unfolding before our very eyes that could wind up dwarfing exxon valdez. bill radford of greenpeace is here. thank you very much for being here. i want to put this in perspective. we see these pictures of this massive oil slick moving to the shore, now it's made ground in some areas, what exactly is this doing, what is it doing to the water, the wildlife, the fish life? >> megyn, this is a real disaster. this could be far beyond the exxon valdez, this could be the largest oil spill in world history likely. we're talking about 200,000 gallons a day, so some of the wildlife, for example, whales, dolphin, they breathe air and they need to come up to the surface to breathe, they can't do that with the oil on top of the water so we're talking about many of them possibly suffocating. as you mentioned we're talking about $2.1 billion in financial losses just for louisiana from the fishing industry, which now will be really hurt for decades to come, and we're talking about hundreds of thousands of sea birds, countless fish species, tuna, that will be irreparably damaged. megyn: you think about the dolphins and whales and think why can't they move to come up for air and then you remember it's the size of three rhode islands, where could they possibly move to come up for air. >> absolutely. it's the size of three rhode islands and it will keep getting bigger. it's a real tragedy. and ultimately, unfortunately, bp didn't take the safety precautions needed to prevent this, so we're seeing this disaster get worse and worse. the exxon valdez -- >> megyn: this is not supposed to happen. let me ask you this: exxon valdez, everyone is comparing it to that because that's the one that people sort of remember anecdotally, that to date was the biggest oil spill and we have a reporter out there, dan springer, who is reporting from fox news channel, saying in large measure, exxon valdez, the area has recovered from that oil spill, but you say there are still some lasting problems. tell us what they are. >> well, we still have staff in alaska, and we are still seeing the impact the exxon valdez. oil is still affecting wildlife. with oil spills you can only clean up 15 percent of the oil. what you usually do is use chemicals to disperse the oil, burn some of it but the bulk of it forms into globing and sinks to the bottom of the ocean or ingested by the animal, so we're still seeing contamination in the wildlife in alaska and we're still seeing some oil affecting different shores and different wildlife in the area. megyn: you're saying even there in alaska if you lift up certain rocks on beaches, you see oil? >> you know, you still see oil in a lot of animals, a lot have ingested it and once in a while, you do see oil washing on shore as well. megyn: what's going to happen in louisiana and florida? what as a practical matter is life going to be like for folks going to the beach, for you know, fishermen who make their living off of fishing and these species that we're watching be affected? >> i think the fishing industry will be really, really impacted, almost decimated. you're talking about the area being contaminated for decades, most likely. so i think for the people that rely on fishing in louisiana and florida and mississippi, this is just a real human tragedy that could have been avoided. and then for wildlife -- i'm sorry? >> megyn: what happens for the folks who, you know, want to go to the beach in the summer in louisiana? >> i would go to north carolina before they start drilling off of those shores. i think the beaches will be contaminated, i think it will really impact the tourism industry. hopefully we can clean up as much as possible but this is fairly irreparable damage for years to come. mig mig hope -- hope 234re you're wrong and it's not irreparable, they're trying hard. how do they fix this, other than stopping the leak, how do you get rid of the oil out there? >> you get rid of the oil. you can get rid of some but the waters are so choppy and there's so much wind it's difficult to do that. they're even saying that perhaps the only way to stop this is to drill somewhere else to relieve the pressure. once they start drilling that would take 90 days. so we're talking three-months, four-months, going into hurricane season, of more oil spewing into the ocean and possibly affecting the whole region. megyn: wow. phil, i know that greenpeace obviously is not in favor of off shore drilling, but we appreciate you coming on and talking about the practical effects we can expect for what we're watching now and all i can say is i hope you're wrong! hope you're wrong. we'll watch it. >> thank you for having me. megyn: thanks phil. she may be the most admired or despised woman in the country right now, perhaps both at the same time. arizona governor jan brewer is at the center of a controversy for signing that law meant to give control of her state's security to the people who actually live there. does she have any regrets? i'll ask her when she joins me live in just a few minutes. plus, jessica simpson making a claim that one dentist says he cannot believe. now he wants to smell her breath to prove things! that's next. megyn: right now, tens of thousands are arriving in omaha, nebraska for a weekend with warren. buffet, that is. see, it's time for the annual berkshire hathaway shareholders meeting, also known as woodstock for capitalists. the gathering kicks off today, and fox bit network's liz claman is live, not at the convention center where the meeting will be but at the buffet-owned borsheim's jewelry company. why? because she's a good gal! why are you there and what's happening there? >> it's so difficult, megyn, to be draped in diamonds here. this is probably going to be the busiest jewelry store on the planet over the next five days. they are expecting some 40,000 people to come through borsheim's, which is a huge store, anyway, but the crowds have already come and they are predicting they'll have record sales this year, which is a pretty interesting move, considering what the nation has been through. this, of course, is a buffet-owned business, i'm wearing about $8 million worth of diamonds. check this out. megyn: you are, let's see! >> how about that, that's a $6 million ring, here's the bracelet, here's the next las, here's -- the necklace, here's the earrings. this sounds outragerous but millions will buy. already they've had amazing by and what warren buffet does is he gives these shareholders who have the passes a discount, so he is such a business guy, he's such a capitalist, he even gets people to spend so much money just to hear him come talk. seven million -- or 8 million, somebody can buy me, right? megyn: where are the security guards? >> they're hidden and all over the place, trust me, they are everywhere and i've got a couple waiting for me to make sure i don't drop this in my shirt or something like that. we actually talked with warren buffet, we talked to him on fox business and i said tell me what you're thinking about the economy and he said you know what, starting in march, all of our businesses started to show all upswing. he owns carpet, brick, housing companies, and jewelry, lots of jewelry, insurance, he said he has seen the upswing. megyn: sorry, liz, while we were talking, there was a sound bite. i guess not. back when i practiced law, i represented larry winston the jeweler, and i, two, had two or $3 million worth of me in the salon and i had this feeling, and maybe you have it now, i thought, yes, this feels right! in another life. i think this was how i lived and this one, not so much. >> in another life. it just feels quite appropriate. i'm not breaking out in hives or anything, so i think that i was meant to wear this kind of stuff! megyn, i should mention that tomorrow is the big day, of course, and 40,000 people will be coming to the qwest center in omaha to hear what he has to say and his charlie -- his partner charlie munger about the economy. fox business, exclusively, tomorrow, bill gates, charlie munger and it's advice that people should listen to and that will be fascinating. megyn: clash of the titans! don't go anywhere with that jewelry on! dramatic car crais -- chase, and guess what, this one is not in l.a., it comestous from south of the border and it's caught on tape. it first started as a hostage standoff, two gunmen holding pawnshop employees hostage after the robbery went bad in mexico city wednesday. negotiators then gave them a police car in exchange for not killing any of the hostages. this is like out of a movie. then the bandits took off, and both police and tv camera crews followed in hot pursuit. we're told more than 100 officers were involved in this chase. look at this. police eventually caught up with them as they always do and we understand a third person allegedly involved in the robbery attempt was also arrested. it always ends like that, too. florida governor charlie crist's political future is up in the air, he will now run as an independent in his bid for the u.s. senate, but what does his departure from that republican primary say about the state of republicans in general and whether one needs to be hard right in order to get elected by the gop in this country? >> and a new immigration law in arizona igniting a national firestorm, the woman who signed it, arizona governor jan brewer. she is my guest, live, next. and i will ask her, in light of the boycott and lawsuit and accusations that she is a, quote, nazi, would she sign it all over again? that's right after this break. megyn: fox news alert, we are just getting the first pictures now, rather sad, of the birds that have been affected now down in louisiana by this oil slick. i'm told this is a northern ganne t-bird, it is normally white, folks. it is not white here. this doctor, or technician, not sure which, quite frankly, is giving it popto bismal, that's what we're told by those on the scene, i would assume to help remedy the ingeston of oil which you heard our guest talk about, about 15 minutes ago. now is our first look at some of the bird life affected by this prossive oil spill we are watching in the gulf coast. more on that as we get it. now there are officially lawsuits, there are officially boycotts, and there is public outrage. and right now, arizona and especially the state's governor are in the crosshairs of the outcry over the state's new law at attempts to crack down on illegal immigration. one of the biggest critics, someone who does not live in that state. >> one of the things that the law says is local officials are allowed to ask somebody who they have a suspicion might ab legal immigrant for their papers, but you can imagine if you are hispanic american in arizona, your great grandparents may have been there before arizona was even a state. but now suddenly, if you don't have your papers and you took your kid out to get ice cream, you're going to be harassed. that's something that could potentially happen. megyn: so with the criticism escalating now, does the woman who put pen to paper regret signing this thing into law? joining me now, republican governor of arizona, jan brewer. thank you very much for being here. >> nice to be with you, megyn. megyn: it's been a firestorm for you ever since you signed this law about a week ago, governor, would you do it differently today? >> no, i would not. i would not. it's something that probably should have been addressed a long time ago, and we are completely satisfied with the legislation, and we're going to move forward, and i think it will be held up in court as constitutional. megyn: you are under such attack right now in this country, from the president, suggesting this is not a good idea, calling it poorly conceived, and saying it undermines basic notions of fairness, to your phoenix mayor, to janet napolitano, our homeland security chief, to the lawsuits filed, to the acru -- aclu, other people calling it racist, to this, governor brewer, signs comparing you to hitler, with a swastika being bandied about by a website and protestors who come out to protest this law. here's one thing from a picture online, and we have another one that shows it even more clearly. in the wake of this, governor, i mean, do you have any reaction? >> well, you know, it is very distasteful, first and foremost, and i believe that it really diminishes the holocaust, but my mother told me a long time ago, consider the source, and i believe the sources are mean and hateful and are trying to create hysteria. it's very unfortunate. megyn: you know, now it has become an economic issue for the state or at least they're trying to make it one. according to what i read today, there is now a travel ban that's been implemented against arizona by at least four cities, and one being considered by one state. we've got san francisco passed a ban on tuesday, west hollywood, california, considering one, denver's public schools, also banning employees for taking official trips to arizona, oakland, california, proposing a boycott, saint paul, minnesota, ordering a ban on official city travel to arizona, state officials in minnesota, also considering a ban. i mean, what's your reaction to that? >> well, i think that they all are very thoughtless and harmful to innocent people, and it's wrong. absolutely wrong. >> do you thank these folks who are all noticeably outside of your state, the ones that i just picked off, including the president, have an appreciation, governor, for what arizona has been going through with respect to illegal immigration? >> obviously not. you know, arizona has been under terrorist attacks, if you will, with all of this illegal immigration that has been taking place on our very, very porous borders, the federal government has not stepped up to protect us and to do their job and to fulfill their responsibility, and we reap all the criminal activity, the kidnappings, the drugs, the cartels, the decimation of our countryside. it has been awful. and it is unfortunate that the feds stand silently by themselves and not respond to the outcries, not only in arizona but an outcry from all the people of the united states of america. megyn: one people who should or does understand what americans go through is janet napolitano. she comes from your job, prior to this job, and yet she does not favor this law. do you think she's turned her back on your state? >> i think she'so she's turned a very blind eye to arizona. her statement regarding the fact that the borders have just as secure as they've always been, they've never been secure, they're porous, and anyone who -- someone who udzs that is secretary napolitano. i have a responsibility as governor of the state to protect the people of arizona and i would say 70, 80 percent of the people believe in the legislation that we passed, they want our borders secured, and they want the federal government, the obama administration, to step up and do what's right. you know, we're tired of just hearing promises, promises. we want more action. megyn: some people, governor, are accusing you of playing politics with this, saying that you were trailing, -- trailing your democratic adversary in the race for governor prior to that, now you're not, according to the latest "rasmussen poll" your approval rating has gone up 16 percent signs you signed this law. to those who would say you're playing politics with the lives of these illegal immigrants, how would you respond? >> i would say absolutely not. anybody that knows jan brewer, who has served as a public servant for 28 years, i have always maintained that i would do right for the people of arizona, and i think i have a good, strong record on that. i have made a lot of difficult choices, certainly since i've become governor, that wasn't always received publicly well. you know, this particular issue has been received very positively well by the public, but no, jan brewer is going to do what's right. megyn: the other criticism of the law, as you know, is that it mandates racial profiling, that according to the president, you're going to have people going to get their ice cream and they're going to get pulled over and asked for their papers and they could be arrested if they don't have them basically because they look hispanic and it's a concern i've heard expressed not just from democrats but republicans, some as well. >> it makes you wonder if these people have actually read the bill and if in fact they really understand it. racial profiling is illegal. it's not going to happen in arizona. you know, we have a very diverse population here in arizona, we love the whole population, we get along just fine. the whole issue comes back that we do not and will not tolerate illegal immigration, bringing with it very much so the implications of crime and terrorism into our state. we're just not going to stand for it. we have cried out to the obama administration, to secure our borders, and they have refused to address that issue, and again, we would like to hear a little less promises and a little bit more action. megyn: governor, my last question to you, the state legislators have made an attempt now to tighten the language of the bill to make clear that you cannot pull somebody over or stop them solely based on their race, you can't question them about their immigration status based on their race. and the law, the attempted clarifications, also make clear that when you do question somebody about their immigration status, it would have to be in the context of an otherwise legal detention or stop of that person, for example, a traffic violation. will you sign that law, should it pass and come up to you? >> absolutely. megyn: all right, governor jan brewer. >> i think that the -- >> megyn: go ahead, i'll give you the last word. >> i think that after it was embedded in the legislature and with the real big support that it had in there, that i would have no other choice. we have a long record, megyn, of facing these kinds of issues in arizona, and we've always won in the courts, and i think that we'll win on this one. megyn: governor jan brewer, the latest gallup poll nationally say that 51 percent are in favor of the law, in your state, it's 70, but the majority is with you. we appreciate you being with us today, all the best to you. >> thank you megyn. megyn: take care. he is the only african-american justice on the supreme court. justice clarence thomas, just the second african-american ever to serve on the high court. well, wait until you hear what one washington congressional delegate, and specifically, eleanor holmes norton, said about him. you will not believe this remark. and at any time, we could get a verdict now in the case of a man who harkd into former governor sarah palin's personal e-mail account, we're tracking the developments in tennessee, they've only got one count they still disagree on. they've come to an agreement on the other three. we're going to have an update, straight ahead. megyn: a shocking insult for the nation's only african-american supreme court justice. washington, d.c.'s delegate to congress, eleanor helmes norton taking -- holmes norton taking a stunning shot at justice clarence thomas. asked if she thought president obama would select a black nominee to replace judge stevens, she said, we're not sure if this court will ever nominate an african-american to the court, and we've got someone who proposes to be african-american on court now. proposes to be. of course, thomas, who is arguably the most conservative supreme court justice, often takes shots from more liberal lawmakers out there. he was raised in a poor part of rural georgia, the son of farm workers. what do you think, folks? was that an appropriate comment? and if it was made in the opposite way, if it was made by somebody who was not a person of color, would there be a national outrage on it and should there be now, should she be held to that account and have to explain it? kelly, foxnews.com, follow me on twitter as well. puerto rico, folks, is a u.s. territory, but is it about to become the nation's 51st state? the house vetted to allow puerto rico to decide -- voted to allow puerto rico to decide whether it wants to join us or not and this is causing rifts in both parties now. this vote in puerto rico would be nonbinding. what does this mean, is this about to become the 51st state? >> it's one of the most unusual votes i've seen in the house of representatives in a long, long time. the first thing you need to know is nothing is eminent but yesterday the house of representatives voted 223-169 for a bill that would allow citizens of puerto rico to take a vote to decide if they want their relationship with the united states to change or if they want to remain a territory. now, if they say yes, we want it to change, there would be a second vote in puerto rico to decide if they want to be a state, if they want to be independent, or if they want to seek some other type of political association between sovereign nations. maybe they want to hook up with canada or something. this came about in part because the republican governor of portie roako wanted it to happen. take a listen. >> i'm convinced that framers of the constitution, founding father, never intended for this relationship to last 112 years. secondly, in the second round, i hope that that would carry today. >> it looks like the democratic representative in the house from puerto rico, a nonvoting member, also favors this idea, megyn. megyn: what is the bottom line, what is the actual chance the u.s. is about to get a 51st state? >> if it passes both houses it would have to be signed into law and if the people of puerto rico decided they indeed wanted to be a state, then the congress would have to decide if it wants puerto rico to be added as the 51st state, so probably years away, megyn. megyn: that's interesting, brian. we're going to be watching it and watching the flag to see what happens. >> you bet. megyn: thank you sir. folks, charlie crist left the republican party, and he says that it wasn't really him leaving the republican party, so much as the republican party leaving him. he was once its darling. so what does this mean now for moderates who are trying to get elected on the gop ticket? that's next. megyn: florida governor charlie crist was once the darling of the republican party, but then he veered considerably left from where he originally began, and that may have effectively cost him the republican nomination for u.s. senate. many point to this encounter with president obama. this hug they say could have hurt him, as well as what crist was saying at this event, praising the $787 billion stimulus package which crist took advantage of as governor of florida. so, does his downfall suggest that moderates are basically a thing of the past in the republican party? joining me now for a fair and balanced debate, we've got conservative radio talk show host steve meltzberg host of wr news talk and ellen rattner, news bureau chief of talk radio news. ellen, is that what it means? >> no, what it means is this is about charlie crist and charlie crist's ego which is huge, he should have stayed governor of florida where he was well wanted and now he's probably going to wind up being third in this race in very short order. people are already taking bets as to how long he's going to be third in this race. megyn: steve, rush limbaugh had an interesting theory after john mccain lost the presidency and said what the republican party, the american people, are saying is they don't want moderate republicans, they want conservative republicans, along the lines of ronald reagan and that's why mccain loss, he theory dollars, and so charlie crist so badly failed in trying to get the nomination for the republicans. >> i agree with rush, with mccain, you could write a whole book about why he lost, but with regard to charlie crist, here's a guy, it's all about the hug, it's all about standing next to barack obama and hugging him and praying the stimulus and now instead of saying i was wrong, i should never have done that, he says oh, i didn't have a vote in the stimulus, i -- and then, two weeks ago he's debating with chris wallace, fox news sunday and he assures us all i will never abandon the republican party what he knew he was leaving the republican party because he can't beat rubio in the primary. it's dishonesty and association with the most unpopular president of modern times, barack obama. >> i thought george bush was the most unpopular. >> you're wrong. >> no, no, no, my friend. what's interesting is i think steve and i will agree it is largely about charlie crist's ego, because i'll tell you something he is not a moderate republican. he has had a republican house, he has had a republican senate, he has helped the florida situation get into a bigger mess with mortgages and other things. he's definitely not a moderate republican. >> i'll tell you -- >> the press likes to point him that way. megyn: he made some appointments to the democratic administration and praised the stimulus package, which was not a conservative thing 20 do -- to do at the time. >> he vetoed a bill that the republicans in the legislature really wanted passed which would have reformed education in the state of florida, kowtowing to the teachers' unions, giving the teach ears tenure right away, almost, and denying a marriage-based pay system. megyn: here's my question to you, does this mean as a practical matter, because now we've seen marco rubio leap frogging over crist, which is why he bailed, is this an endorsement in florida along the lines of what we've seen elsewhere, of a more conservative cap gat -- candidate on the gsm op side versus the more moderate? >> governor crist ain't no joab lieberman and the winner is going to be kend rick meek. >> no. no. just wait until obama starts campaigning for the democratic candidate in florida, that will be the kiss of death like it was for crist. megyn: what do you think, though? >> not at all. megyn: do you think that charlie cris 00 because his poll numbers used to be through the roof, then as soon as he started to move to the middle, they started to tank. so the question i have for you is floridians, that's a purple state, that is not a blue state or red state, are floridians, like some in the other parts of the union, trying to send a message that what they want is a more conservative candidate? >> absolute will. just ask the seniors in florida, the cuban american community in florida. this is a bellwether state as we all know and it's send ago message right now, and it doesn't mean there's no room for moderates anywhere. i think each election is local. but i'm telling you, rubio was going to cream crist, because crist is not ao true to republican values. >> i think he's quite republican, but i think floridians want somebody perhaps in the middle but not necessarily, they don't want an ego guy and he's definitely that. megyn: maybe they don't like the tan. very tan! ellen, steve, thank you. >> thank you. megyn: i'm jealous because i'm pasty. the fed is launching a criminal investigation into goldman sachs, a criminal investigation. is that necessary or does it smell political? i'll ask economist and author ben stein, coming up. hey what's going on? doing t shipping. man, it would be a lot easier if we didn't have to weigh 'em all. if thosboxes are under 70 lbs. you don't have to weigh em. with these priority mail flat 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[ female announcer ] sc johnson. a family company. megyn: fox news alert. potentially the worst environmental disaster in u.s. history is now washing ashore as we await a major news conference. the governors of louisiana and alabama declaring states of emergency. awaiting a live news conference from the homeland security secretary, the louisiana governor bobby jindal. it happens in less than 30 minutes and we'll finds out more about what can be done to stop this massive oil slick from wash ashore. look at these new pictures from nasa showing the massive oil slick moving in on the tip of louisiana. a satellite is picking this thing up. the images are a haunting reminder of hurricane katrina. now this same coastline have much in danger, this time from a man-made disaster. 5,000 barrels of crude oil oozing into the gulf every 24 hours. that's 200,000 gallons oozing into the water every day. that's 3 rhode islands. look at this picture. this is a bird affected by the oil slick. this is our first picture of the bird life affected. this bird is suppose to be white this is not the last that we'll receive those sad pictures. the full impact of this disaster is yet to come. louisiana gulf coast is one of the world's richest fishing grounds, shrimp, oysters, sushi and the fishermen who make their living on the gulf fear the worst. >> when the oil settled to the bottom it will decimate shrimp populations. people don't realize the reach this can have from florida to texas. megyn: some of those fishermen have filed class action lawsuits against bp, saying the company did not operate properly, and it's now threatening their livlihood. jonathon, what is the biggest concern in alabama right now? >> reporter: as with other gulf coast states, they are worried about the environment. it's also commercial fishing interests. main concern are these shallow water regions where freshwater coming out of the mississippi and other rivers blends with the warm waters of the gulf of mexico and provides ideal spawning grounds for hundreds of species of fish as well as habitat for shrimp and is sisters. so a -- and shah rim and oysters. megyn: now we are getting word the oil is hitting the shore along the louisiana bayou. >> reporter: i'm told it's relatively easy to remove oil from tourist beaches. even when it gets into marshes you can remove it with controlled burns. but there are other areas that are very environmentally sensitive and experts don't know how they are going to clean it up. by spoke with a marine biologist at sea lab on dolphin island, here is what he said. >> it gets in oyster reefs and beds. you don't exactly run a vacuum cleaner oiforts. the grass beds are particularly fragile. >> reporter: experts say it seems inevitable there will be a severe environmental and economic impact. megyn: bp making a surprising statement. >> reporter: they said they will honor all legitimate claims, being very forward about the fact that they plan to reimburse anyone who can prove they suffered damage and some sort of loss as a result of this spill. the commercial fishermen are expect some heavy losses. just look at size of the losses they filed just over the border in neighboring mississippi, a sea forward company filed a federal class action lawsuit for at least seeking $5 million in potential compensatory damages. megyn: they are saying it could be $2 billion in damage. the situation is threatening to get worse the next 48 hours while crews are racing to use bombs. there is a storm brewing off the coast. they don't need that. it will bring high waves that will push oil over the bombs and it will prevents coast guard from skimming the oil off the water or trying to burn it off. we wish you had better news, rick. >> reporter: they haven't been able to do any of those burns because these are the winds right now all in the 20s. they are out of the southeast, maybe towards the east. all of that pushing the water and the surface water towards the coast causing all of these problems. but they are not able to get in easily and put in any of these bombs. it's kicking the waves up to around 10 feet at points. we'll be in a point of a high spring this weekend so there are coastal flood watches. this is a winds field chart. the darker blues is where we seat stronger winds. that continues through the weekends. we have a front approaching that will bring severe weather. i want to point out in the short term it's bringing all of that energy towards the coast. in the broader scheme of things the wind is going to be one of the things that breaks apart some of this oil. wind will be one of those things that at some point begins to break apart and disperse the oil allowing it to sink. in a longer term thing but it's not such a bad thing. for this weekend very dangerous conditions across the coastal areas. megyn: we are awaiting a briefing at the bottom of the hour on this growing disaster and the cleanup efforts. how are they going to contain this? how do you stop 5,000 barrels of oil being released in the ocean from reaching lands? we are expecting to spear from the homeland security second tarry, the energy secretary terry, the louisiana governor it's scheduled to begin at 2:30 eastern on what is shaping up as the oil disaster in u.s. history. now to a possible threat to our nation's security coming from the other side of the world. the world's expo is opening right now in shanghai, china. there are warnings from washington that our nation's security could be in real danger. other countries could try to spy on mayor stealing -- spy on america. catherine, how severe is the threat? what are they talking about? >> reporter: earlier today we spoke to the moraler cia director -- the former if cia director. he said the risk is high. >> you should recognize that you could very well be an intelligence target for one of these chinese intelligence agencies. that shouldn't frighten you but it should alert you and you should take precautions. >> reporter: some of the precautions he jut lined is that you should not take electronics into china unless you are willing to see that data compromise. your pda, laptop, you should consider when you get to china buying a cell phone, using it then throwing it out. but you have to understand even while you are in china, the data you accumulate on that phone, conversations could be compromised while you are there. megyn: is it just the chinese? >> reporter: it's not just the chinese. there was aan assessment recently that looked at large scale events like the expo in shanghai. olympic events, and the like. and what they conclude is they are real magnets for espionage. a form intelligence expert said there is no one better or more aggressive on obtaining economic or military information through these times of venues. but in shanghai many people have to rely on interpreters to help them get around. you can belts your bottom dollar those interpreters are probably working for the government as well to try to obtain information. megyn: dramatic turn of events in the goldman sachs case. a new criminal probe of goldman possible thanks to the department of justice. is this past due or might it be political? economist and commentator ben stein joins us next. the jury issues its verdict. cops slamming a bicyclist. bicyclist gets criminal charges brought against the cops. what happened in this case? "kelly's court"w investigates. map that's why there's new danonino. danonino! unlike leading kids yogurts, danonino has twice the calcium of milk, ounce per ounce, with vitamin d. so it's power packed for healthy growth. and its rich creamy taste is... yummy! so they can start building strong bones today... for stronger bodies tomorrow. new danonino from dannon. power packed to help kids grow. i just want fewer pills and relief that lasts all day. take 2 extra strength tylenol every 4 to 6 hours?!? taking 8 pills a day... and if i take it for 10 days -- that's 80 pills! just 2 aleve can last all day... perfect. choose aleve and you could be taking four times... fewer pills than extra strength tylenol. just 2 aleve have the strength to relieve arthritis pain all day. megyn: the justice department is considering possible criminal charges against investment firm goldman sachs. this on the heels of a civil suit about it sec alleging foldman mislead some companies from making risky investments. some believe this probe smells political. an administration that has a distaken for wealth and wall street. is that fair. joining me now ben stein. something these folks who invested with goldman should have read your book before they forked over their dough. some folks are saying whatever you think about goldman sachs, this referral to the justice department to look into possible criminal charges smacks of politics. >> everything in the world is political. but goldman sachs behavior is arrogant. they think they are above the law. if they did what the justice department thinks they did other sec thinks they did, it's fraudulent and criminal. if they did what the government says. maybe they didn't. they mislead their investors, they lied to the people who insured the bonds. they lied to people who trusted them. they broke every kinds of legal standard. they broke every standard about fair and honest open dealing. they broke every kinds of standard about full disclosure. it may be political but goldman sachs opened the trap diewnders their own feet. -- the trap door under their own feet. megyn: they are investors were sophisticated with the materials in front of them they could read and decide for themselves whether it works. >> the standard is not a sophisticated invest jar. it's not a buyer beware it's full and complete disclosure. and they told big fat lies about the nature of what they were selling according to the got. but innocent until proven guilty. let's not jump to conclusions. megyn: are we hate them because they are rich and they probably have more money and we do and it's easy to dislike them. >> i don't dislike them because they are rich. my family has been friends with high-ups forever. i used to date a daughter of the goldman sachs a long time ago. i think what they did in this case is extremely questionable. megyn: the questions with respect to the administration's motivations because it's a populist message to say wall street is bad, they are fat cats. then on the heels of that sort of rumbling we heard the president caught on camera this week saying the following. >> i want to be clear. we are not trying to push financial reform because we begrudge success that's fairly earned. i do think at a certain point you have made enough money. megyn: president obama genuinely believes that. and thinks the richer you are the more government needs nobody your business. >> i think he's 100% wrong. it comes close to marxism. so when he begrudges rich people getting richer he's begrudge money going to charity. that's confusion and envy. it is just confusion on his part. i hope he learns better. megyn: where do you think that comes from? he has had a lot of support from people who have a lot of money. >> i think he has a lot of marxism in him from his early life and it pops out. megyn: dose raise any sort of a point that i know a lot of wall street guys. some of these guys get $20 million, $30 million bonuses at the end of the year. even in the bad years they get numbers like that. >> i don't think he has a point about that. if they make huge bonuses that money does not go to buy beautiful girls or trips to the casinos in las vegas. thousand love las vegas. i think it's great place. that money goes to charities. almost every rich person i know after a bare minimum of luxurious life has been reached, the money goes to charity. megyn: ben, you lead an interesting life out in vegas in another life with the goldman sachs daughter, now a happily married man. we appreciate you being here. the spill is enormous and it's growing. 5,000 of gallons pouring into the gulf every single day. look at this nasa photo. how can it be possible to clean this up? is it possible? do you believe it is? arizona on the front line in the border battle. but now the state is facing boycotts and lawsuits over the new immigration law. but guess what? sarah palin and others responding with a very interesting tactic. stay tuned. relief, no mess. cryostat. a breakthrough in hemorrhoid treatment. extinguishes itching, burning, swelling... with cooling comfort. instant relief. no mess. cryostat. these are actual farmers who raise vegetables in campbell's condensed soup. so if you've ever wondered who grew my soup, well, here they are. ♪ so many, many reasons ♪ it's so m'm! m'm! good! ♪ you hungry? yeah. me too. 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[shouting] megyn: you have been watching this hampton past few years just as we have. these pirates like to board these ships and hold them for ransom and get the governments to pay. apparently they messed with the wrong ship. enter the dutch navy. they are take nothing prisoners because they did. they are in jail in the netherlands. arizona's new immigration law spark a major backlash including calls for a boycott of the state of arizona and legal action. lawsuits have been filed. but folks in arizona who back the crackdown say it's long overdue. william lajeunesse is live in phoenix with the latest. how does this play out for the people who live in arizona? >> reporter: a poll done yesterday shows 64% of the state supports the bill. we have done dozens of interests views. supporters say they knock longer turn a blinds eye to this problem. people come here from new york, california and ohio, and celt here. also -- and settle here. this is a u.s. problem, not just an arizona problem. they made a change in the bill, so now it is not unreasonable for cops to ask for an i.d. and the bill was chinged to say if a -- changed if a person is a victim or witness in a crime police are not required to see their i.d. mag. megyn: what is getting lost for many is why this law was passed in the first place. >> reporter: the border patrol caught and released, deported 700,000 illegal immigrants last year. arizona is the immigrant super highway. there are drop houses scattered in neighborhoods around phoenix. they had 100 immigrants caught at border yesterday. in prison it's 1 in 5. the charges include man slaughter, murder, rape, burglary, you name it. so whether it's arresting and depoargt or catch and release. for arizona the illegal immigrants continue to come from south america, central america and so forth. you can call them names but they say you don't know us and you don't know the law. megyn: when does the law take effect? >> reporter: it's scheduled to take effect 90 days from yesterday. however, three lawsuits were filed in federal court. two from police officers who say the will interfere with their jobs. but a big one from an hispanic clergy group, what they say is it would preempt federal law. that's illegal. it leads to racial profiling. so now it's in a courtroom to see if this becomes a reality. now back to you. megyn: even though there have been calls for a boycott within there is a push for what necessity call a buy-cott. folks behind this liz cheney, sarah palin, and others urging people to stand up for arizona and to buy products in arizona and to go toors and spends money. that effort kicks off this weekend. we are waiting for the latest information on what could become the worst oil spill in u.s. history. there is a major press conference three minutes away. we have got governor bobby jindal of louisiana. the homeland security secretary janet napolitano. the chief operating officer of bp. we expect ken salazar. they will all be there with an update on how bad this thing is and whether it can be stopped. how do you clean up a spill this big? ingle has some answers. >> we'll take you onboard one of these oil skimming vessels and show you what it takes to skim a massive oil slick. ve department store creams? why go there when there's olay regenerist? 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[ female announcer ] effective. affordable. regenerist. allergies? chlor-trimeton. hey, one dose of this, six hour relief. chlor-trimeton relieves itchy, watery eyes and sneezing for 12 full hours with less drowsiness than benadryl. it does all that? chlor-trimeton. less drowsy relief that lasts 12 hours. megyn: fox news alert. we are awaiting a major briefing on this oil spill disaster that happened in the gulf coast. there is a team of heavyweights down there including baby jindal, the homeland security secretary. not to mention the ceo of bp. the man behind that rig at heart of all this. we are watching to see exactly what hey have to tell us. we know the oil has made landfall. we don't know how many areas will be affected in terms of the oil wash ashore. but that's of extreme relevance. all of us are likely to be affected once the wildlife, the bird life, the fish life and perhaps the oil fall out from this. so we are watching this moments away. we'll go there live as it happens. more than 200,000 gallons of oil are flowing into the gulf of mexico every day. at that rate we are less than two months away from this officially being the oil disaster in american history. back in 1989, 11 million gallons of oil gushed out of the exxon valdez tanker. it killed hundreds of bald eagles. thousands of sea otters. 21 years later, what does that area look like? two decades later, has the area recovered? >> reporter: it largely has. we did a fly over. prince william sounds is beautiful. it's that gem we remember before the oil spill in 1989. it looks beautiful. but there is still 21,000 gallons of exxon valdez oil just beneath surface. noaa dug 9,000 holes over hundreds of miles of alaska coastline and they discovered in half those 9,000 holes there was still oil from the exxon valdez. this oil is toxic it stays around a long time. some of the species are still threatened. two of the species never came back including the herring. megyn: alaska is using its per tease learned in connection with that disaster to help foams. what is it doing? >> reporter: the company that runs the alaska pipeline sent an oil spill expert down to the gulf in addition they are also sending thousands and thousands of gallons of liquid that will disperse some of that oil. but i have got to tell you. i talked to a lot of experts. and they say that they looked at size of that spill down there. they see how far it has spread and they say there is no way they will keep all of it. one guy said this not enough boom in the world to wrap around that oil spill. when it gets to laintds will be there a -- get to land, and when it does it will be there a long long time. megyn: it's 130 miles long and 70 miles wide. the concern now, how in the world do we clean that up? we are going live now to an oil cleanup drill where laura ingle is. what are you going to show us? >> reporter: we are talking about oil skimming. it's one of the more basic but reliable methods of removing floating oil from the water using surface tension. earlier today we took a ride to see how it works. this 110-foot oil spill recovery vehicle can skim oil eyes two methods. the first by placing a secondary vessel in the water called a belt skimmer with a floating oil boom. in a real situation oil would be skimmed off the top of the water and pick.up on that belt and pumped into the boat. one of the biggest challenges for oil skimming crews is the weather. when waves pick up, the oil skimming slows down. >> you are going to end up getting more water than oil. >> reporter: the other way to skim an oil slim is the rope mop. it gets down into the water and oil, rotates and squeezes off the oil. until oil can't be skimmed, the next best thing to keep it contained with an ocean oil containment boom. that's a 42-inch boom you see. a support vessel is being tiewsds unfurl this tboom corralling oil. crews can do a couple of things. they can burn it, sciments or move it. -- skim it or move it. just to operate this boat behind me it costs $9,700 a day and that's not including fuel which can cost up to $2,500 a day. megyn: thank you so much. folks in 23 minutes here studio b with shepard smith starts. he has thoughts on that region. >> we don't know how much oil is spilling into the gulf. there are multiple estimates and many of the experts believe it's much more than what we have been told thus far. john williams will join us to talk about shrimping. the assistant secretary of defense will be here and chris wallace from "fox news sunday" as we focus on the gulf and beyond. megyn: the lost phone that touched off a national firestorm, an apple engineer leaving a prototype in a california pub, it wounds up in the hands of a tech blogger who was forced to gift back. one thing he didn't give up was the name guy who found it until now. he called itself-defense. but this youtube clip may tell a different story about what this cop did to this biker. today we now have a verdict in the case against the nypb cop accused of body checking a cyclist. was justice served? 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[ male announcer ] $69.99 for unlimited text, web and calling to any mobile in america. only from sprint. deaf, hard-of-hearing and people with speech disabilities access www.sprintrelay.com. another heart attack could be lurking, waiting to strike. a heart attack caused by a clot, one that could be fatal. but plavix helps save lives. plavix, taken with other heart medicines, goes beyond what other heart medicines do alone, to provide greater protection against heart attack or stroke and even death by helping to keep blood platelets from sticking together and forming clots. ask your doctor about plavix. protection that helps save lives. people with stomach ulcers or other conditions that cause bleeding should not use plavix. taking plavix alone or with some other medicines including aspirin may increase bleeding risk, so tell your doctor when planning surgery. certain genetic factors and some medicines, such as prilosec, may affect how plavix works. tell your doctor all the medicines you take, including aspirin, especially if you've had a stroke. if fever, unexplained weakness or confusion develops, tell your doctor promptly. these may be signs of ttp, a rare but potentially life-threatening condition, reported sometimes less than 2 weeks after starting plavix. other rare but serious side effects may occur. megyn: "kelly's court" is back in session. on the docket, the shield, the cyclist, and the youtube clip that left the nypd black and blue. the cop acquitted of assault. but jurors found him not guilty of body checking this biker to the curb. he appears to walk out of his way to throw a shoulder sat christopher long. he claims that it was self-defense. he was convicted, however, about lying about the incidents after the fact and that could mean four years in prison. this one time new york city cop. prosecutors call it a victory. some say he got off easy and should have been convicted of assault. jonna spilbor and kimberly guilfoyle. patrick hogan who was a rookie cop, seven days on the job. now he has been acquitted of assaulting him, but convicted of lying about what happened by the jury. did he get off easy in being acquitted of assault? >> i think he did. this is such a strange verdict. it's so clear that we don't usually get evidence this good. for the jury to see that, it looks like this cop is targeting the bicyclist. there is no self-defense here. i do not understand how a jury could find him not guiltist assault and guilty of something else. >> it's in the eye of the beholder and that's not the way the jury say the. there was compelling evidence this officer falsified his report. the video shows that not to be the case. the officer took the stand and they chose to believe his testimony that he felt threatened by this particular cyclist. he was doing his job under orders to get people to not be driving at an excessive speed which this guy was. he was the one behaving recklessly. did the officer probably overreact? yes. but the jury found there was not the intent to assault. megyn: i think we can agree he misrepresented the facts on the police report. he said the other guy was the aggressor. that the cyclist road right into him which is clearly not the case. but that's -- what's interesting about the verdict is the acquittal on the assault charge. this cop charges the cyclist with several things. he was arrested and charged with obstructing traffic, attempted assault, resisting arrest and disorderly conduct. the charges against him got dropped. the cop gets charged. but my question is could the jury have reached the right decision? we don't know if he was weaving in and out of traffic before the cop took him down. the video doesn't show it. >> it does show the critical portion what the cop's actions were at the moment of impact. this whole entire bicyclist thing is a protest. the cops were out there with the duty to keep the peace. megyn: they have caused problems before. >> in the cop's defense he could have said i was following my orders. maybe it jury said we'll buy that. then why did you lie on the police report. he is going to do more time potentially on that charge than would have ever have done on the assault charge. megyn: i want to see the cyclist. when the cyclist seize the cop coming he -- when the cyclist sees the cop coming, he tries to get away. >> he -- this guy was going very fast coming at officer. we only seat one vantage point d we only see the one vantage point. if you shoot this from three or four different angles you might see something less egregious on the part of the officer. megyn: to what extent do you think the jury's opinion of the alleged victim played a part. the cop who has lost his badge formal tar boy, bone marrow donor and e-emt. the alleged victim describes himself as a couch surfer who lives with 30 people in brooklyn. kicked out of the army for smoke pot and he talks about how he likes to do it on the toilet in the morning. >> win were, please. what effect does that have on a jury. >> they are going to say this guy is a big loser. okay? he's on his couch smoke outs. he's smoking that day while he's righting his bike. cops on the job 11 days. they say the officer did not have the specific intent crime to commit an assault against this bicyclist. he overreacted due to inexperience. >> this reminds me of when martha stewart -- it wasn't the crime, it's was the coverup. jurors say we are mad that you lied. megyn: should he go to prison for four years? >> no. but he should be punished. maybe probation or a couple months in county jail. the bicyclist got a check for $65,000. megyn: should the cop do any jail time when he charged this biker? >> i think probationary sentence, maybe a little bit of time. buff i have to tell you when you factor in all the circumstances, circumstances in mitigation in terms of who this officer is and his backgrounds, let's going to be compelling to the judge in this case. megyn: and he's the son of a decorated cop. thanks so much. one final world. it's tough to say beyond a reasonable doubt that cop assaulted the biker with no cause because we don't know what the biker was doing prior to the takedown. but it is clear he misrepresented the facts on the report. he lost his badge, he lost his livlihood and reputation. should he spends four years in prison? i think not. but you tell me what you think. a new twist in the lost iphone saga. the man who sold it to a web site has come clean. the identity of that man next. o? o? so is campbell's healthy request soup. low in fat and cholesterol, heart healthy levels of sodium, and taste you'll love. guy: mmmm! chef: we're kind of excited about it. announcer: campbell's healthy request. megyn: new developments in the iphone drama. some guy finds the next generation iphone not yet released at a bar in silicon valley. then the guy turns around and sells it to a gadget web site and that web site spills all the new phone's secrets. the web site got a visit from investigator but would not give up the identity of the guy who scooped up the phone until now. so who is this guy? it's trace gallagher -- no, he's got it for us. who is this guy? >> reporter: brian hogan, he lives in redwood city. wires.com tracked him down. he has not yet been charged with a crime. we say yet because charges could be coming. remember the one he sold it to gizmodo, the editor of that web site had his home busted into by cops and they took his computer equipment away. megyn: so after the guy finds this phone in the bar, what did he do next? >> reporter: walk into a bar -- he didn't actually finds. someone found it and said to him, is it his. he said no, but he asked other people, is is yours. nobody said yes so he took the phone home with him. he plugged it into a facebook site. he said that's when the phone stopped work. he took off the phoney cover and fowntds next generation of the iphone. then he tried to shop this around to a different of web sites. gizmodo bought it for $5,000. they show cased the nutt features and they got d they showcased the new features. you think they are buzzing over the iphone. take a look at this video. this is in florida. this is a home, 100,000 bees infested this woman's home. they brought in the bee busters. including willy the bee man. megyn: 100,000 bees in her home? >> reporter: look at honeycomb inside her walls. she says she has been stung a number of times. megyn: how did it get to that number? you would think after 10 you would call somebody. >> reporter: they would plaster over the walls and they just get kept getting in. now there is 100,000. now the bee man is on it. megyn: trace, thank you. we are still waiting on the news conference down in louisiana. it's going to happen. the homeland security secretary weren't louisiana governor and the head bp to update us on the situation in the gulf coast. right after the break her voice amazing. her breath not so much. captioning made possible by fox news network a dentist wants jessica simpson to leaded him smell her beth. he says her claim on the ellen show that she has fresh breath brushing three times a week stinks. food particles cause bad breath. a device he invented measures the smell of breath and will put this controversy to rest. if you want to know how your breath smells, lick your hand, let it dry and smell