militiamen supporting president assad. one of the most chilling images from that video in case you missed it, was the image of a little boy literally running for his life. this is a massacre they said children as young as nine months old, a little 9-month-old baby were murdered. there is no way for us to know what happened to this young child we see here. nearly half the victims on that day in houla were children. 49 sons and daughterses are gone. their tortured bodies wrapped up in white sheets. they say most of the victims died in their homes. entire families wiped out or children forced to watch as parents and siblings are shot at close range. so close it appears gunpowder residue can be seen on some of their bodies. the question remains today, what if anything should the united states be doing about this? conor powell is tracking the syrian story from just over the story in israel today. conor? >> reporter: megyn, finding the solution to end that bloodshed in syria seems to be fading with every passing day now. the international community is picking up diplomatic pressure on syria. the united states, great britain and other countries expelled syrian diplomats but that diplomatic pressure hasn't really changed the violence on the ground. it continues every single day. as you pointed out 13 people were found dead in eastern syria today by u.n. observers. they said their hands were bound and they were shot at close range. the city of homs has been just pounded in the last 24, 36 hours or so with a barrage of artillery and rockets coming from syrian forces. we don't know how many people have been killed in homs in the past day or so but it has the potential to be substantial. now that diplomatic pressure though doesn't seem to have much of an impact. today russia and china have given a boost to syria. both those countries said they will not expel their syrian diplomats. russia aren't even went so far to say expelling diplomats is counterproductive that is considered a boost to syria which counts on both russia, china and iran as their biggest backers. the u.s. and the international community are focusing on diplomatic efforts to try to pressure syria but so far those diplomatic efforts produced a lot of headlines and a lot of condemnation but, megyn, they haven't done anything to end the violence in syria. megyn: conor powell, thank you. republican presidential hopeful governor mitt romney challenging president obama on this issue what is happening in syria. he says the president's quote, lack of leadership is resulting in a policy of paralysis. is the united states dragging its feet? is this is a fight governor romney should really be picking? we'll have a fair and balanced debate on this coming up shortly right here. well in pakistan today government officials are singing a new tune on the plight of that pakistani doctor, jailed and sentenced to 33 years in prison after he helped the united states hunt down usama bin laden. the pakistanis are now claiming he was convicted for ties to terrorists, not for helping the united states. this is the first time we're hearing that. and the allegations come just hours after kentucky senator rand paul said he would introduce a bill to punish pakistan by cutting off all u.s. aid until this doctor's sentences is overturned and he is allowed to leave the country. from the campaign trail today we're hearing reports that attorney general eric holder is among a group of government officials reportedly meeting with hundreds of african-american ministers to explain how they can best participate in the presidential elections. according to the chairman of the black congressional caucus the government delegation will also include the irs, members thereof, and the aclu. and they're going to give these pastors guidance on how to rally their congregations and on what they can and can not say in church in order to protect their tax-exempt status while nonetheless making political comments. attorney general eric holder is of course head of the justice department and his possible role in what could be viewed as a get-out-the-vote effort is getting a closer look today. jonah goldberg, editor-at-large of "the national review" and a fox news contributor. welcome to you. >> hey, megyn. good to be here. megyn: is there any pushback on this? apparently he will not tell anybody which candidates to support, but, according to the head of the congressional black caucus, quote, we're going to talk about some of the draconian laws that cropped up around the country as a result in 17% increase in african-american votes. talking about the voter i.d. laws they're apparently upset about and this is something the attorney general is addressing as well. appropriate? >> i think it is inappropriate. i think it's particularly galling given how under eight years of george bush when john ashcroft was the attorney general the idea of john ashcroft meeting with conservative ministers to explain to them how best they can get-out-the-vote to hold onto the white house would have been greeted by the editors of "the new york times" as a national scandal. and this is clearly a get-out-the-vote effort. the congressional black caucus is the most partisan democratic organization in congress. i think for most of the last 40 years there have been virtually no republican members. one or two over the 40 years. they bill themselves as a liberal conscience of the democratic caucus and of the congress itself. eric holder went in there and basically fed them the talking points they want to hear. he prejudged cases around the country as racist and discriminatory, to have voter i.d. laws. he, it is part of this larger effort to gin up the black vote and maintain the level of enthusiasm for obama that he desperately needs for re-election. it is unseemly and hypocritical and, i don't really know why it hasn't generated more controversy. megyn: eric holder foes in and gives this speech today to these african-american church leaders and says that the quote, sacred right to vote is under assault nationwide. he is referring to these voter i.d. laws. these voter i.d. laws upheld in some instances by the u.s. supreme court but his message is that the sacred right to vote is under assault by these laws. he goes in there. he takes along a representative of the irs, and the taxpayers are basically funding this message. is this kosher? is this allowed? >> i think it's allowed. i think it is unseemly. typically attorneys general are supposed to seem apolitical for obvious reasons. the they're the chief law enforcement officer of the land. they oversee the legal arm of the government. they shouldn't be seen as sort of part of the hack operation of a political campaign and these talking points, obviously there's a serious disagreement and reasonable people can disagree about the validity of vote are i.d. laws but this argument that it's all about voter suppression and aimed at black people, it is aimed at minority this is is argument the democrats bring up every year there's a national election as a way to, to gin up and build up enthusiasm among the black vote and turn it into this matter of national honor that black vote get out as much as possible. that is what he is feeding into here. the courts are not on his side this is a racial thing. he is feeding into these talking points and making it seem like a racial thing and just not his role to be doing that sort of stuff. megyn: he is talking about how we have to honor generations that took extraordinary risks to guaranty equal access at the polls. he talks about how insuring that everyone who is qualified to vote can vote is one of our highest priorities. i mean i can tell you right now we're going to get e-mails from our viewers this is the same guy who after securing a default judgment, the department of justice, against the new black panthers who are were out in front of that philadelphia polling place in 2008, then dismissed some of those parties after he won a victory against them after there had been testimony about voter intimidation. now saying it is sacred right and we have to honor those who took extraordinary risks to guaranty equal access to the polls. >> he is also saying it to pastors and, i think it is perfectly fine to explain to pastors how they can participate legally in the political process but nonetheless what he is is doing essentially telling a bunch of church leaders their theological obligation, this is cleaver, the head of the congressional black caucus was saying same thing. this is part of their duty as pastors. megyn: those were his words. >> to get out the black vote. megyn: that they have a theological responsibility to participate in the political process so. >> and it is not the attorney general's role to tell people what their theological responsibilities are. megyn: jonah goldberg. see you sir. >> thank you. megyn: we have big news on the health care overhaul today. in three minutes why a key part of the plan to help millions of uninsured workers now appears to be failing and what will that mean for rest of us? plus we have growing controversy over a special 9/11 license plate and what happened to the millions of dollars this plate was supposed to provide for the children of 9/11 victims? you will not believe what some officials decided to do with that money instead. new developments in the case of the death-defying skydiving granny. she says she has no plans to sue anybody over this even though she came dangerously close to losing her life on the look of it. so why are the prosecutors now getting involved in this case? 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[ male announcer ] glucerna hunger smart. or creates another laptop bag or hires another employee, it's not just good for business, it's good for the entire community. at bank of america, we know the impact that local businesses have on communities. that's why we extended $6.4 billion in needit to small businesses across the country last year. because the more we help them, the more we help make opportunity possible. megyn: new concerns about safety at our nation's airports after yet another security breach. this time at san diego international airport. we're learning a parolee wandered out of a fire door, sneaked onto the tarmac, boarded a plane and took a seat on a flight yesterday. the flight attendant quickly realized there were too many people on board the plane and identified the extra passenger. witnesses say cops and k-9 units were on the scene within a minute. that man's identity has not been released but police say he was let out of prison on monday and wanted to go see his family in alaska. they say he is mentally ill and has a rap sheet with convicts for prostitution. feel better? they wonder how he got on the plane in the first place and meantime you and i can't get on a plane with a five ounce bottle of shampoo. fox news alert. new numbers from the government accounting office revealing new problems with a key part the president's health care overhaul. in order to get insurance coverage for millions of workers. the health care overhaul had tax breaks for businesses to encourage them. some four million companies were elgible to for the tax credit and use the money to help purchase the insurance they were required to get for workers. but the gao, the government accounting office, just announced that only about 170,000 companies actually claimed the credit. 170,000. and potentially out of four million. 96% of the firms took a pass. 96%. why is that? fox business network stuart varney is the host of "varney & company" and he is here now to explain this to you. all right, stu, the gao says 96% of the small businesses aren't taking advantage of a tax credit? why on earth would that be? >> several reasons. number one, complexity. to apply for a government tax credit to be part of a big government program is a very complex process. time taking, lots of form-filling. so the complexity is one issue. second, most of these tax credits were offered to very small companies that already did not insure their workers. those companies evidently made the decision that it was more expensive to go out and hire and cover their workers than even with a tax credit. so they made a financial decision evidently that it is just not worth their while even though you've got a tax credit. and the result is millions of workers will not probably be insured by a private employer. millions more will be pushed on to government care. megyn: what firms are we talking about? because the deal with is with obamacare if you are a firm with less than 50 employees you don't have to do it, don't have to buy insurance for your employees. if you have 50 or more you do. we're talking about firms around 49 that the government wanted to hire more and said, if you do it we'll give you tax break and they said forget it, i will stand at 49? >> there is not an element of compulsion here. there is an element of encouragement. obamacare was sold on the grounds, hey look, you small businesses we'll make it easier for you. megyn: the ones who fall within the mandate, more than 50 employees? >> no. even the smaller ones. less than 50 employees. those are the 4 million eligible for this tax credit. megyn: okay. >> they're underneath that 50 limit. we'll make it easier for you. we'll give you a tax credit. just cover your workers now and in the future. it didn't work. only 170,000 applied for the credit out of four million eligible. that is a massive no vote on the part of all kinds of small businesses. megyn: but if they weren't required to do it, and do we assume that they weren't already providing the coverage to these people? >> some were, some were not, yes. there was a difference here. some were, some were not. it was encouragement you see, megyn. megyn: since they don't feel encouraged and won't go get the tax break and provide the insurance that has been encouraged by the government apparently the administration wants to go back and nix the law to make it more appealing to these small businesses. is that likely to happen? >> no, it is not. obamacare was passed by a democrat-controlled house. the house is now controlled by the republicans. it is very difficult for the obama administration to go back to the republicans and say we want to fix this element of obamacare when republicans actually want to repeal all of obamacare. megyn: is there risk to the republicans looking like they are against small businesses or getting a tax credit or against insuring more people if they oppose, you know, making it easier for small businesses to get this tax credit? >> there is a political risk there, yes. but remember, small business organizations, are part of the group of people that has gone to the supreme court saying, we don't want the mandate. don't force us to get the coverage in the first place. so sick of one half a dozen of the other. maybe some political risk to republicans but overall changes are not going to happen. megyn: seems like every other week we have something pop up with this law that isn't working quite the way the administration had hoped it would work. >> yep. megyn: if the supreme court scraps this law next month, stu, in whole or in part, is there any chance of salvaging some of it or is this thing, given what we just discussed, likely as a practice can call matter to go away? >> in my opinion it will go away but the basic problem with obamacare it does not reduce the cost of health care. that it what is was set up to do. that is what it does not do. that is the underlying problem. if the cost of health care had been brought down these small businesses would be clamoring to offer, if they get a tax break, to offer health insurance to their workers. as it keeps on rising they're making financial calculation even though we get a tax credit is not worth it. the basically problem is the rising cost of health care which obamacare does not address. megyn: stuart varney, thank you, sir. >> sure thing. megyn: there are frightening reports today on an illness being called the new aids of the americas. an insect-borne disease tearing through south america. there have been 30,000 cases reported here in the united states. a new report reveals the president's chief political advisor is sitting in on meeting where life-and-death decisions are being made about terror targets. why would the president's political advisor be weighing in on national security issues? what if president bush had done that with karl rove? our panel, a former bush administration officials weighs in on whether the media reaction might have been a bit different. why some say this represents a direct reversal of the president's position on the war on terror. >> certainly represents a 180 in his direction. yes, hypocritical in the sense he continues to criticize those who believe in for instance, enhanced interrogation, but does this which is far more intrusive i would say. almost tastes like one of jack's cereals. fiber one. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one. megyn: we're hearing reports today about a medical mystery some scientists are calling the new aids of the americas. the name of the illness is shagas disease. you can treat it but you can not cure it. it can be fatal and researchers say it is spreading now at an alarming rate. trace gallagher with details from our west coast newsroom. trace? >> reporter: to treat it you have to get it early enough. like aides it is hard to detect and has a long incubation period with no symptoms. what happens is blood-sucking insects send a parasite into your blood, right? it release as parasite and makes its way to your heart where it can actually multiply. it is called the kissing bug. it stays dormant for years and shows up as heart disease, potentially a heart attack. potentially 8 million people have chagsa. shows up in impoverished area like in bolivia and mexico. 0,000 people in this country are infected. most of those are immigrants. it can be place passed through blood infusion or. it has early symptoms of h the iv. >> what we have to realize the diseases of the tropics in our backyard and there are many of them, right, are becoming more prevalent in the u.s. and i think that's a factor because the world is opening up more. >> reporter: right. can't really get rid of this thing. you have to diagnose it and then treat it. we should point out that charles darwin, theory of evolution, his death has been a medical mystery for very long time and now there's a lot of new research that says it is possible that that man also died of chagas. make begin, becoming much more prevalent this country which is a frightening scenario. megyn: that really is. trace, thank you. >> reporter: okay. megyn: new fallout from a associated press report claiming that the state of california bore he ared money from a 9/11 victims fund that was, they did it to help cover the state's budget short fall. we'll speak with the a 9/11 family member not happy just ahead. mitt romney calling the president's position on the crisis in syria quote, a policy of paralysis. he says the lack of leadership, his term, is only allowing the slaughter of civilians to continue unchecked. we'll have a fair and balanced debate on that claim after the break. 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sulfonamides. get help rightway if you have swelng of the face or throat, or trouble breathing. tell your doctor your medical history and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion. megyn: welcome back. 1:31 here in the east. developing story. comments moments ago from iranian president talk mud ahmadinejad telling a french television station that he is not expecting a quote, miracle from the next round of nuclear talks. he goes on the say the rogue regime has a right to produce enriched-uranium at 20%. that is one of the things they're talking about. said it is small to produce a nuclear weapon and shouldn't be doing it. we'll see white house has comments from the latest media briefing expected to begin in the next half hour. back to our top story today and conflicting views on the roll the united states should be taking in syria. as that regime continues to brutally attack its own people. today 13 more bodies found in eastern syria. it appears they were shot execution-style with their hand tied behind their backs. you can see it for yourself in these pictures here. this comes just days after a massacre in houla that left more than 100 people dead. about half of those victims children, some who appear to have been shot at close range. in one instance at least we're told a nine-month-old baby with a pacifier in his mouth killed by these forces. all of this has governor mitt romney challenging president obama how he is handling the situation, calling on the united states and our allies to arm the opposition so they can better defend themselves. but the white house says that would lead to more chaos and karnage. who's right? is this really a political fight that governor romney wants to have? joining me now, monica crowley, radio talk show host, fox news contributor and mark hannah, aid to president obama's and john kerry presidential campaigns. this is so disturbing what is happening over there. we're the world's superpower and seeing little babies and get shot execution-style. little kid, we've looking at one little girl for us is face of the syrian problem, wandering around in the rubble. little children like that are being massacred by this guy, monica. massacred by bashir assad and so far we've done very little. is mitt romney correct to make this a political issue, separate and apart does he have a point we should be doing more? >> yes and yes, megyn. what is happening in syria is an absolute bomb minute nation and closely related to what happened in iran in 2009. you remember the people in iran revolted against the regime. the regime went in and slaughtered people in the streets and once again the white house did not respond. it doesn't necessarily mean military action. a lot of people are talking about possible military ray intervention in syria. doesn't --. megyn: not on the ground. talked about arming some of the rebels. >> or no-fly zone or some sort of military action but doesn't necessarily even have to be that. the united states should stand for certain principles. human rights, the ability to express one's self without being slaughtered in the streets. this is how dictatorships act. what i think romney is saying is look, the united states has to stand for a certain set of principles. this administration is letting the people down around the world who have the courage to stand up to dictatorships like this, who are kill their own people and say we are with you. here is what we're going to do to try to support you beyond diplomatic leaning on russians, for example, who are directly supporting the syrian region. -- regime. megyn: he see how all that is doing. other countries kicked out their ambassadors, not russia. >> the key thing romney is saying is about the moral example, the moral support that the united states of america, coming from the president should be giving to the syrian people, the iranian people and anybody --. megyn: what about it, mark? we went into libya, 1,000 people had been killed in libya by gadhafi. 10,000 in syria. >> easy to make the comparisons without looking at all the details. now, the president has shown, first of all i want to say our hearts goes out to those people, over 100 people and mostly women and children and horrifying. megyn: that is just latest. out of 10,000 we've seen over past year. >> absolutely. this has been going on a long time. my college roommate is from damascus, and syria. this is hitting close to home. a lot of --. megyn: even if you're not a syrian-american. look at this little girl. 50 children like her, she could have been one of them for all we know murdered by this guy. >> sure. megyn: and what is the world superpower doing about it. >> what mitt romney is doing reacting very coldly and very quickly in a political sense and second guessing not just pet obama who has shown time and tile again he woken hesitate to use military intervention when america's strategic interests are at risk. so he showed in libya, like you said, with drone strikes and in pakistan. not to mention the killing of usama bin laden and our withdrawal in afghanistan and bringing that war to responsible end. the obama administration has shown in the middle east has been extremely intelligent when it comes to intervening overseas especially in the middle east. you haven't heard mitt romney, using the word terrorist or terrorists quite a bit because frankly we --. megyn: mark, you're not focusing on my point. what about syria? what if anything more should we be doing? >> right. megyn: i should say even ambassador bolton, who so no fan of president obama's foreign policy has expressed a reticence about what we are able to do with syria given its proxy relationship to iran? >> mitt romney has no business right now second he is abouting president obama and he is not just second-guessing president obama. he is second-guessing the national security council of the united states, the house intelligence committee, including many leading republicans who said arming the opposition isn't the answer. and he has a very short-term memory because if you think back on all the different revolutions we supported with military and selling arms and throwing arms at the problem, the road to sort of dictatorships in that part of the world is paved with america's best intentions supporting rebels. megyn: we had an expert yesterday who came on the show, monica, this is basically a civil war over there. that is the last thing we need to get in the middle of. yettings look what is happening. look at that girl. look at women and children being massacred, point-blank range, going door-to-door. >> this is clearly a moral outrage what is happening. i think that is what mitt romney, who has ever right to raise this point against his opponent. we are in a presidential election cycle. the president is running essentially on his foreign policy record because he can't run on his economic record. so all of these issues are fair play. so mitt romney is right to raise it. the point is that syria's a very complicated situation. the russians are close allies with the syrians. they are now arming assad. megyn: i think we had -- our relationship with russians we would be better influence -- >> the cold war never ended. putin is back in charge. the russians are constantly arming and supporting our enemies around the world. that never ended. >> this mitt romney -- >> let me finish. syrian relationship with iran is also complicated. nobody is saying there is easy solution which bashar al-assad knows. the problem with the administration they essentially chosen to arm rebels and overthrow regimes fundamentally pro-american or mubarak in egypt or qaddafi in libya. the anti-american regimes like assad in syria or iranian regime they're allowed to crack down and slaughter their people without any words from the united states, any kind of action, moral support for those people. i find that completely upside down and outrageous. megyn: do we need to worry, one thing we doesn't want to do -- >> escalate. megyn: aggravate the hatred in the muslim world, some radical muslim world of americans. and we do have to worry about our own strategic interests and our safety when it comes to things like that but not getting involved in too many conflicts. >> sure, sure. megyn: that don't hold broader implication to the united states. this is humanitarian crisis. not necessarily that we need syria but there is moral obligation. >> there is strategically that syria is not important to the united states but libya is not. >> that is absolutely a consideration. this administration done tremendous amount of work to restore america's standing in the world and restore's america's reputation as world see is. that is secondary consideration when we talk about human rights abuses and happening there. one thing everybody can agree on in the united states. look we have two things. protecting safety and security of syrian people to the best of our ability, you know, and second thing is, making sure we don't escalate the sectarian civil war or, actually, creating a sectarian civil war. it is a tinderbox over there i was talking to a friend of mine who is professor at mit, for mitt romney to come out and say we're going to just arm the syrian people and have this overthrow happen that way, i mean it shows a lack of responsibility. it shows lack of judgment about a foreign policy this is a candidate who has said the president doesn't need to be a foreign policy expert. when it comes to matters, crucial matters of america's foreign policy and sit down with his attorneys and figure it out. megyn: general jack keane was on the show yesterday and he talked about the possibility of anti-aircraft weapons. commune kaegss equipment and so on. there are small arms potentially. i got to go. >> there are a lot of things. look, remember the intervention in syria was based on this rationale coming from one of obama's foreign policy aides, samantha power, responsibility to protect. he doesn't apply that to the people of syria and didn't apply it to the people of iran. >> this is still unfolding and bears mentioning that the obama administration has taken nothing off the table. mitt romney can come out and say anything he wants while it is happening but it is still happening. megyn: there is no easy answer. we all agreed before we got started in the segment. there is no easy answer here and it is disturbing. thank you very much. mark, monica. >> thank you. megyn: an honor student who works two jobs to support her family sentenced to a night in jail for missing a class too many times. where is the perspective in life? trace gallagher has an update. up next the story of a specialty license plate that was supposed to help raise money for the children of 9/11 victims right? you have to pay extra to get the plate and calfornian as decided to do that out of the goodness of their hearts. reports that the state of california raided the fund to cover its budget gap. that is right after the break. plus a life and death struggle caught on video when a suspect uses an officer's own weapon against him. [ female announcer ] research suggests the health of our cells plays a key role throughout our entire lives. ♪ one a day women's 50+ is a complete multi-vitamin designed for women's health concerns as we age. ♪ it has more of seven antioxidants to support cell health. that's one a day women's 50+ healthy advantage. megyn: major controversy today in california where money meant for the children of 9/11 victims has reportedly been used instead to close that state's significant budget gaps. the associated press has released an exclusive report that says both former governor arnold schwarzenegger, a republican, and current governor jerry brown, a democrat, tried to patch a few fiscal holes by raiding a fund that was meant to help anti-terrorism efforts and to build a scholarship program for those children. the money is generated by a special, we will never forget, license plate. the scholarship program was closed back in 2005 but the state still advertises that the plates help the children. how? how governor jerry brown is calling for an audit of that program in hopes of finding out why of the $15 million collected in the fund, just over $21,000 has reportedly reached those families. joining me now, joe connor. he has lost family members in two different terrorist attacks including 9/11. he also testified before the senate judiciary committee on eric holder's nomination for attorney general. thank you very much for being here with us. your reaction to this story? >> i think it's not actually to be, not a surprise. we've seen over the years the governments have used terrorism as a tool, as a political tool, and in this case they betrayed the, if the reports are correct, they have betrayed those people in california who thought they were contributing part of something better, trying to help those people in new york and people in california who were killed on 9/11 and really being part of a solution when they're treated as part of the furniture. they spent as much money on furniture as as much on scholarships. megyn: ap said 40% of the 15 million was funded anti-terrorism programs and 3 million was raided by governor schwarzenegger and governor brown to patch a hole in the deficit. it has now instead gone because they, they paid their union as lot of money. don't pay their bills on time. they do all sorts of things they shouldn't do and now the people who are trying to help families members of victims are left holding the bag. >> you have people who are just trying to be part of what's good in america and trying to contribute and try to be with the, be with the people who were killed on 9/11 and this is the way they're treated the government, they're taking their money. spending it for their own good. they are really treating the people like a tool. they have used terrorism as a tool before. this is a tool for them to get more money and spend it on their own goals as opposed to goals that they spelled out for the kids of the if a private industry did that they would be investigated and probably brought up on charges. megyn: do you feel satisfaction from the statement we just got from the california dmv saying that, that the governor is issuing an audit how the money has been used that has been contributed to all special interest license plates and they point out everyone who applied for one of these scholarships did get it, even though 3 million of the account was raided according to the associated press and there wasn't denial of that in the statement we got? >> i find to know how he would know they all got it even though he hasn't done the audit yet. secondly you do an audit after you get caught. like i said if this was a private industry you wouldn't have that opportunity. megyn: have we gotten so far away from 9/11, hard for me to believe this would happen in 2002, and 2003. have we gotten away from 9/11 that people are forgetting the pockets of children who have gone through? >> their slogan was we'll never forget. they forgot. megyn: the irony. >> think about that. so you have the kids who really put their trust in sacramento, going to do the right thing. people putting in money for them. and somehow, the government, of california, if the reports are true, feels that it's their privilege or ability to take what was promised to somebody else. it really makes you wonder who is running, you know, is the government of the people or is it the opposite way? megyn: does it make you angry, depressed? >> it --. megyn: helpless? what does it make you feel? >> it is just another nail in what has gone on over the years, the people have lost their say, their power. they have been sort of treated like they're the subjects of places like sacramento or albany or washington, d.c. and you know, i think it is, we've seen this kind of trend continue. i personally saw it when the terrorists who killed my father were granted clemency by, by president clinton. it was purely political move. it was clinton using terrorism as a tool. and we've seen it again now. so you know, you just keep seeing these trends. it makes you angry. you know, it almost wears you down but, you know, my family always has fought back. i think people should stand up and say this is wrong. megyn: joe, thank you very much. >> my pleasure. megyn: appreciate it. coming up an honor roll student working two jobs to support her family adding jail time to her resume'. why a judge decided to punish her and why that is angering a lot of people. reports that president's chief political advisor hat front row seat on discussions about terror targets. coming up we'll have discussion what the media would have said if this was done by bush ♪ hallelujah ♪ hallelujah [ baby crying, dog barking ] [ female announcer ] it doesn't have to be thanksgiving to have the perfect thanksgiving sandwich. carving board turkey -- only from oscar mayer. ♪ [ camera clicks ] ♪ it's hard to resist the craveable nature of a nature valley sweet & salty nut bar. megyn: a judge in texas is today feeling the heat after he sentenced a student to jail because she missed too much school. this isn't just any high school junior. diane tran is an honorses student. she works a full-time job and part-time job to support her siblings because her parents split up. now her story is getting national attention. trace gallagher has the latest from the west coast newsroom. trace? >> reporter: the deal, megyn if you miss 10 days six months, regardless of our grade texas schools are required to file a complaint with the court. in this case the judge warned a diane tran a few months ago not to miss more school of the as you said this is a girl, 17 years old. works full-time job for dry cleaner. part time for wedding planner. her parents are divorced. he. they moved away. she helps support her brother at college in texas a&m. her baby sister lives with relatives. gets straight as. gets college courses for double credit and outstanding student. her employer says, i understand, if a child is staying out of school, running around, bad kid, getting into trouble, taking drugs i can understand why he would slap them into jail for 24 hours but diane doesn't do that all she does is work and go to school. the judge in this case is a man named larry morey aty. he says, you know what? too bad, again, quoting if you let one run loose, what will you do with the rest of them, let them go too it? a little stay in jail one night is not a death sentence. a defense attorney in houston not defending diane tran says the ruling was outrage just. she was spending her 24 hours with suspected murderers, drug addicts, prostitutes. not exactly a great learning experience. the case has gotten so much attention a group in louisiana, megyn, now raised $70,000 for diane tran. they got contributions from 4 states and 13 countries because of this case. they're hoping she takes the 70 grand and uses it for school and to help with her family situation. megyn: unbelievable. it wasn't a learning experience for her in jail. maybe she did good while she was in there, knowing diane. thanks, trace. >> reporter: okay. megyn: some serious economic hurdles ahead for the president. consumer confidence is down. europe's financial meltdown is look worse. just two days a major jobs report. we'll have a live report from the white house moments ahead. remember this from yesterday? a death-defying granny slipped out of her harness in a skydiving scare. she says now she is not going to sue but why is the faa and a prosecutor investigating this agency? 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[ male announcer ] e-trade. investing unleashed. that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. megyn: a fox news alert. three major economic challenges facing the white house right now. as president obama tries to get ahead of a struggling economy. welcome, everybody. i'm megyn kelly. here is what's on the radar. 24 hours ago a troubling report that consumer confidence has hit an 8-month low. a top treasury official flew to athens to talk about the eurozone crisis. before heading to germany, spain and france. in 48 hours the new monthly jobs report will either paint a positive or bleak picture for the economy and the president's rye election campaign. ed henry is at the white house. >> reporter: jay carney was briefing a couple moment behind me. the fema director wants to talk about the hurricane season coming up. at the end of last year the beginning part of this year the president was see something pretty good job growth and there was a suggestion not just from the white house but even on the republican side of the debate that maybe the economy was starting to turn in the president's direction. the last couple months the job numbers have been less than expected. still a positive number but less than expected. that has rattled the markets a little bit. we'll look to see how that sets the narrative. if it's a strong number for this president that will help him make the case that we are turning the corner. but if this number is weak friday they know so well that will help mitt romney who is the official republican nominee. the other thing hanging over all of this, and the reason we'll be watching that job number so closely is the debt crisis hanging over the u.s. economy. it will continue to rattle our stock market. continue to rattle the american people's consumer confidence number you mentioned yesterday that was extremely low, the lowest in 8 months. so they are watching the european debt crisis inside the white house as well. megyn: does anyone ever call you henry? >> reporter: no, they usually call me ed. megyn: ed, thank you. in my hear they say henry has been wrapped. adding now to the economic concerns. pending home sales dropping in april and showing the biggest decline in a year. the number of signed contracts to buy homes typically indicates where the market is headed. so there is bad news for you. big news from the campaign trail today. governor mitt romney fundraising in california after officially clinching the republican presidential nomination with a primarily win in texas. it happened after a long long bitter primary bat with a host of conservative rivals. here is a quick look back at sophomore memorable moment during the race for the nomination beginning just about a year ago. >> and today i'm a candidate for the office of president of the united states of america. [applause] >> as your president, i will lead you and this nation back to the top of that hill where it belongs. put united back in united states of america and i will never apologize for the greatness of the united states of america. >> welcome to the beautiful iowa state capital in downtown des moines. i'm bret baier. >> i'm megyn kelly. >> last night the people of iowa spoke with a clear voice. so i have decided to stand aside. but make no mistake. i'll continue to be a strong voice. >> i like our chances here. at this point in time in iowa we were way behind, the same thing with new hampshire. i'm looking for a strong close in south carolina, too. megyn: the iowa result are still being counted. >> there are thee departments government that are gone when i get there. commerce, education and the. >> the epa? >> the epa, there you go. >> we are just seconds away from the last poll closing in new hampshire. >> fortunately for the republican party this year, probably anybody up here could probably beat obama. about laughter]. >> i think the destructive, vicious negative nature of much of the news media makes it harder to govern this country. harder to attract decent people to run for public office and i'm appalled that you would begin a presidential debate on a topic like that. [cheers and applause] megyn: memories. one man who was not featured, a man you might know by the name of governor mitt romney. bill hemmer joins us live with his one-on-one with the entire romney family including the republican nominee for president. bill, memorial day you were a busy boy. bill: san diego, california. do not make fun of governor perry. megyn: i felt bad when i saw that. bill: we know the karma is back coming back in that other direction. we were with the romneys. the idea was not to figure out what he was going to do about tax reform or the debt. the idea was to figure out who is as a person along with his wife ann. you have this am knowledge of a man who has been enormously successful when it comes to business. he's meeting with americans whose lives have been turned upside down. so the question to him is how does he make the connection with those voters? >> what i find is the statistics understate the kind of pain and insecurity that exists in american homes. i see people who may be employed but are very concerned they could lose their job at any time. bill: back to the connection aspect of this. there will be people who will look at you and say successful rich guy. >> like fdr and john f. kennedy? there have been plenty of people. bill: how do you respond to that. >> this is not a nation that divides people on whether they have been successful or not. we look at people and celebrate their success and achievement and we look for people who have the skills we think will make our lives better. bill: his wife will tell you we have been very blessed with so much in our lives. but that's not to say we have not met other challenges like m.s. and breast cancer. it was a poignant moment to see these two with their family away from the rush of that campaign. megyn: you seat formalized version of them. what is he like in a family setting over the barbeque. bill: enormously normal. and such kind people. grandkids are running all over the place. two of their five sons were there. he carries his own garment bag. he heats his food in the microwave. megyn: they are just like us. bill: not necessarily. when you get a sense, then, megyn, who he really is away from all the attention here. way was curious about is how he expressed emotion. things like ager. listen. >> i think visibly i see you get angry twice. once was that bail of hay in iowa when a couple guys would not quiet down at the same rate you wanted them to. does he get mad? >> we all have a pushing point. of course. bill: how dose express it? >> in a lot more mature way he did when he was younger. bill: does he raise his voice? >> oh, yeah. bill: oh does he get quite and walk away. >> no, no, he deals with it straight on. bill: you remember last sumner iowa right around the straw poll that this was a couple of folks in the audience. he grabbed the microphone and shut them down. bill o'reilly found a clip from 1994 in a debate with senator ted kennedy. they went at each other. it's entirely within his capacity to take on all comers. which gives you a preview perhaps of what happens this fall when we get to debate season when you have barack obama and mitt romney. megyn: he could have looked to the interview with bret baier. you always know you are doing well in an interview when there is a little contention. you have to push these people a little bit. they can take it. bill: we'll have more including the questions about his faith and what he wants americans to understand about how that impacts him. megyn: what did he eat at the barbeque? bill: he had a hot dog or a salmon burger. i think he had a burger. i do believe. megyn: he will get ripped for having a salmon burger. bill: my dog was with mustard at was darn good. megyn: check it out on america's newsroom. part two. :00 a.m. iron, bill o'reilly. some watt teams are being called in when there is no emergency at all. why? and who's behind these false alarms. who are they targeting with the dangerous technique known as s.w.a.t.ing. it's verdict watch at the jiang edwards corruption trial. what is going on? where is the verdict? and is a juror flirting with john edwards? i'm sorry but i have to know. as president obama's reelection team takes a negative note he might be alienating the base that elected him in 2008. is his approach damaging his reputation with his base? we'll have a fair and balanced debate right after the break. >> this is the moment when the rise of the oceans began to slow and our planet began to heal, this was the moment when we ended the war and secured our nation and restored our image as the last best hope on earth. i'm a marathon runner, in absolute perfect physical condition and i had a heart attack right out of the clear blue... i'm on an aspirin regimen... and i take bayer chewables. 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[ laughs ] he's my success story. at bank of america, we're lending and investing in communities across the country. from helping to revitalize a neighborhood in brooklyn... financing industries that are creating jobs in boston... providing funding for the expansion of a local business serving a diverse seattle community... and lending to ensure a north texas hospital continues to deliver quality care. because the more we can do in local neighborhoods and communities, the more we can help make opportunity possible. a dad will get a screening. ♪ a little one will get a vaccine. and a teen will talk with the doc. ♪ right now, millions of americans are using their preventive benefits from the health care law. you can, too. not just because there may be no insurance copays or out-of-pocket costs. but because of all those tomorrows you want to see. use your benefits today. learn more at healthcare.gov. >> if we are willing to work for it and fight for it and believe in it, then i'm absolutely certain that generations from now we'll be able to look back and tell our children that this was the moment when we began to provide care for the sick, and jobs for the jobless, this was the moment when the rise of the oceans began to slow and our planet began to heal. this was the moment when we ended a war and secured our nation and restored our image as the last best hope on earth. megyn: remember that? then candidate obama. his soaring speech in 2008 as the candidate of hope and change and the end to politics as usual in washington. fast forward four years and a different campaign is emerging. the president's reelection team taking a negative tone. that could be a risky strategy that could cause brand damage and alienate barack obama's base. christopher hahn and chris plante is a radio host of the chris plante show. there is a long peach in "new york" magazine talking about how americans still starry eyed about obama, the months ahead will provide a breaking revelation about what he truly is. not a savior, not a saint, not a man above the fray. but a brawler determined to do what is necessary to stay in power. in other words, a politician. chris plante, what does it say to you? >> john is being a little polite. he's a community organizer from chicago. this is how they wage war in chicago. president obama calls the american people his enemies that need to be punished. he can't run on his record and he has got to attack. he is going after mitt romney for giving a guy a nuggy in 1965. and for bringing his dog on a vacation. they are trying to bring one distraction after another, one day after another. angles they are planning on doing this all the way to election day. >> he attributed things well beyond the president's control, especially billionaires who fell pressed to bring reverend wright back to the table. >> the "new york times" brought it back to the table. >> it was a political strategist trying to make some quick bucks off a billionaire. there were no politicians who will rise above if the fray unilaterally. politics is a sport where you have got to get down in the mud if your oh point is down in the mud. this president rolls over and lets three years of nasty, negative, vicious attacks on him go unanswered he will lose the election. he has to go after his oh point and fight fire with fire. megyn: what is different today versus 2008? wasn't politics just as ugly back then? but we had promises from obama. >> they were ugly back then. clinton said they played the race card on him. to pro tend that he is somehow pure and has made it through the first 3 1/2 years without being a dirty down in the gutter politician while mitt romney of all people is the dirty down in the gutter politician is laughable on its face. >> ask newt gingrich what he thinks about mitt romney being down and dirty. megyn: he says they are friends now. >> i was taught in politics if you want a friend get a dog. a lot of people said that. megyn: i don't think these two men running for president need a dog. >> roof of the car, roof of the mouth. look, the fact is president obama can't run on his record because he has nothing anybody is buying any more. i don't know if he slowed the rise of the oceans. >> gm cars are the number one seller in the world. >> $35 billion just for openers. megyn: i want to ask you chris hahn. politics is ugly, but it was back in '08, too. president obama comes along and promised he will be a different kind of president. everybody says great. when need that in washington. we hate politicians, we hate washington. maybe this guy will be different. well, he didn't. i don't know if anybody can go to washington and change washington. but is the risk the president ugly in this fight? >> if he does not fight fire with fire he will not be president anymore. there is a billion dollars in money coming at him from outside groups with no control. they will have no restrictions -- the truth will not matter to them. they will say what they need to say to the american public to make sure this president is a one-term president. >> politics is a rough business and the democrats play an ugly and vulgar claim. mitt romney is the squeaky cleanest guy we have ever had running. now that the republicans are fighting back, you are going to crouch up in the corn and play victim and pretend you are the ones fighting back. you are the ones who started the dirty game in the first place. megyn: got to leave it at that. coming up. an update. ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. megyn: jurors in the john edwards campaign finance corruption trial deliberating for an 8th day. the judge is asking them to work 30 minutes longer today and tomorrow. he told them they will be able to leave early friday for personal matters. edwards is facing six counts of illegally using campaign funds to hide his mistress. now there are questions about whether one of the alternate jurors is flirting with edwards. when you hear about a man cheating on his cancer-stricken wife. you get attracted to him while he's on trial for a felony. a new phenomenon called s.w.a.t.ing. eric erickson is the latest victim of the latest tactic. it includes calling in scenarios to somebody's house. >> reporter: the hope is the s.w.a.t. team shows up in full force. whoever is pulling off these hoaxes is covering their tracks. the victims are conservative bloggers or commend tie towards. the latest is the editor-in-chief of red state dot-com. he says when the cops showed up at his house he was sitting there having dinner with his kids. patrick fry is the deputy d.a. in los angeles. his fake caller claimed he shot his wife. listen to part of that call. >> who was shot. >> a man shot her. >> reporter: police responded to that with koppeds and helicoptered at his house in the middle of the night. he answered the door. they came in, woke up his wife and kids to make sure they were all still alive. he says i don't blame the comes. they are doing their job. but at some point in time somebody is going to get hurt or killed. other conservative bloggers are complaining about something called google bombs where phoney arrest reports and personal information are being distributed across the internet. things getting ugly for conservative bloggers across the country. megyn: a new report that the president's chief political adviser is sitting in on national security issues where terrorist targets are discussed. a former bush administration weighs in. did you see our report on a skydiving granny who nearly lost her life with her birthday wish. why is the faa investigating and what is the prosecutor looking into this couple any for. that's in "kelly's court." when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. and they have six grams of sugars. with fifteen grams of protein to help manage hunger... look who's getting smart about her weight. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. megyn: a new poll in the wisconsin recall effort. a marquette law school poll shows governor walker has 52% of the support of the voters compared to mayor tom barrett. that poll was taken may 23-26. this recall race pits angry democratic union leaders against a cost-cutting governor they say cut too much. debbie wasserman schultz suggested these result could be a dry run for next november. new questions this hour following a report on how the president's chief political advise jr. is -- adviser is weighing in on life and death decisions on terror targets. what if president obama had done that. what if karl rove when he was in the white house with president bush was helping to decide on raids, terror targets and repercussions. what would the backlash have been then? joining me to discuss it, brad blakeman, former deputy assistant to president bush. and former chief speech writer for he president george w. bush and dana perino, former press secretary to george w. bush and cohost of the five. the "new york times" has a comprehensive report. there the consensus is this was a meant to be something that would flatter the president and make him look tough on terror. but 4,000 words into this piece they mention the chief political adviser was sitting in on terror tuesday meetings. and the question is what on earth would he have been doing there and what would the reaction be with president bush. >> when i joined as deputy press secretary he was elevated. he became deputy chief of staff as well. i remember being on a foreign trip where the chief of staff didn't go, karl went and the left went crazy. why is the political director on a trip. he was also serving as deputy chief of staff. i don't know what axlerod's clearance was. but then you see you eventually this long piece that was written in the "new york times" front page yesterday above the fold. that would have been all the rage for them. somehow this story got shaped and put into the "new york times" which begs the question why are we talking about this at all? they have 100 people on a conference call to talk about who should be next. to me it's not a conference call, it's a webinar. megyn: it raises questions about whether president obama is fulfilling his campaign promise that he would be a different national security president than president bush was. i want to take our viewers back to president obama's inaugural address where he echoed a sentiment he raised many times on the campaign trail. >> as for our common defense we reject as false the choice between our safety and our ideals. our founding fathers faced with perils that we can scarcely imagine. granted a charter to assure the rule of law and the rights of man. a charter expanded by the blood of generations. those ideals still light the world. and we'll not give them up for expedient sake. megyn: he has gone a step further in adopting a definition of what is a civilian killed in these drone attacks and what is not. yet he told us we reject as false the notion you had to choose between national security and being true to our ideals. >> let me say something at two different levels. at the general level i'm for aggressive pursuit of america's enemies wherever they are. i think i would justify much of what president obama is doing here. i can justify based on my beliefs and based on the president whom i served put in place. it's hard to square this with the rhetoric candidate obama used to get into office. a lot of that rhetoric was about an abuse of executive authority. and that was the real criticism of president bush. one of the leading critics, the dean of the yale law school about the president's use of executive authority. now we read that he's okay with these targeted killings because john brennan is in the room and it's like having a quote priest in the room. if that's not a definition of executive authority, i don't know what is. maybe we should have the pope in there approving the list. megyn: how does president obama get away with this terror program without getting anywhere near the amount of flack that your former boss did? >> because the media who created obama is not going to be the media who takes him down. i agree that the obama of 2008 is not the obama we have today. the person who wants to be known as a man of peace and a man who could bring countries together is not the same guy as we have as president who now wants to be known as even executioner. i wonder if the nobel peace prize committee would have awarded that prize to the obama of today. he even called the meetings terror tuesday. the fact that he has a kill list. he has his campaign manager in on making calls as to what terrorist lives and what terrorist dies. my nephew was lost on 9/11. i have every confidence our country is doing everything they can to take on terrorists. the problem i have is the due policity of a president who got into office saying one thing and doing another. there is no need for habeas corpus if the people are dead. the fact that this president excoriated president bush and vice president cheney for the great work they did keeping our nation safe and he goes and doubles down on executive authority that is clearly iffy at best with regard to collateral damage and innocents being killed in these drone strikes. megyn: what about that, dana. they talk about the standard for determine was a civilian death in those drone attacks. if you are a man of majority and you are near a terrorist and you get killed in these drone attacks, they say those men who are near the terrorists are probably up to no good so they get killed. and president bush got ripped for imprisoning people at guantanamo. >> it's overdone. president obama probably was wrestling with the issue, if i'm going to carry out these drone strikes and civilians are going to be killed i want to limit the number of innocent people. how do you get those numbers down? you might call over to the cia or d.o.d. do males of adult age count? even if we can't prove that do they count in the civilian casualties and the answer was no. that might have been the same answer president bush and vice president cheney would have gotten back as well. but imagine the outrage and the calls for impeachment had they done so. megyn: the title of the article, "secret kill list." it talks about the imperial presidency of obama. here is a former bush administration official saying obama's liberal reputation and softer packaging have protected him. and greenwald said he put a prettier and more palatable face on extremely ugly policies. this argument is these policies are mainstream because somebody who is more acceptable to the left is behind them. >> i think that's exactly wait comes down to. president bush was consciously trying to give future presidents tools to protect the country. now we see the criticisms of president bush weren't about his policies. they were because people didn't like presidential bush. the willingness to look at other way with obama is because they like president obama. it's nothing like the attacks president bush endured that dana had to deal with at every press conference. you will get occasional critical piece and you will have some on the left who will be is appointed. but there is no comparison between what president obama bush endured. the "new york times" exposing a program for no reason at all and what we have today. megyn: your former boss and the vice president were called war criminals and murderers by many on the left. we are not hearing that days. >> you know what's worse about the decisions being made and the people making these decisions? they are being made for politics. they are being made in a p.r. setting as opposed to a national security setting. how they can use this to bolster the president's chances of reelection. we see that in the movies being made with the white house release of information. it has very lit toll do with protecting america. megyn: he has gotten a lot of praise for these policies. but there is pushback. we have an update on the report on a skydiving granny who nearly lost her life as she jumped out of the plane. why is the faa involved and a prosecutor. ♪ i'm making my money do more. i'm consolidating my assets. i'm not paying hidden fees or high commissions. i'm making the most of my money. and seven-dollar trades are just the start. i'm with scottrade. i'm with scottrade. i'm with scottrade. and i'm loving every minute of it. 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[ female announcer ] new from stouffer's. farmers' harvest steam meals taste so good we'll bet the farm on it. do you have any idea where you're going ? wherever the wind takes me. this is so off course. nature can surprise you sometimes... next time, you drive. next time, signal your turn. ...that's why we got a subaru. love wherever the road takes you. megyn: new developments in the case of the death-defying granny. the faa is look into this woman's jump from a plane. she had decided to go skydiving for her big birthday. after what looks like a lot of hesitation in the door, she and her instructor take the plunge. the senior citizen clinging to her instructor as they plummet to the ground. now the faa and prosecutor are reportedly questioning this company. why? joining me now is lis weihl and jonna spilbor. a former prosecutor and defense attorney. and we have a parachute expert on the phone. why would these agencies be getting involved? is it about the company or about this particular jump. >> i love laverne. she has spunk. but she is doing this, that's great. but it's not just about laverne. it's everyone that comes avila vern that gets into the harness and last has that experience. is there potential criminal liability going forward here? megyn: you can see something has gone very wrong. you don't have to be an expert this is not the way it's supposed to happen. how does the company defend itself. >> laverne didn't receive any damage. she didn't even know what was going on. she wasn't harmed. jumping out of an airplane is emotionally upsetting when it's done right. megyn: none of us know what we are talking about when it comes to pair chiewght and skydiving. tom is a base jump skydiving expert. tom, thank you very much for being here. you tell me, what are we seeing. why is she hanging like this? >> the first thing you have to know is tandem sky dives are incredibly complex and there are a lot of extra parts because there are two people involved. harness for the passenger is built for a variety of passengers. there is a possibility of someone falling through the harness. there have been multiple incidents where it happened. there have been people with custom size harnesses who have been able to fall out of a harness. >> you have done this since 1999. you have done over 1,000 jumps. >> that's true. >> you always applied the harness. >> anyone ever fallen out of the harness with your jumps? >> no, but there was -- megyn: we are doing cross-examinations, tom, we forgot to tell you that. >> you have to understand this has happened before. megyn: not when you did it. megyn: i would love to have all three of you if you don't mind. i want to give jonna the opportunity to defend her fake client. 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[ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. megyn: lis' point is tom is a better skydiver and more safety conscious. >> you testified earlier when you were getting grilled by lis weihl that even a person can slip out of even a properly adjusted harness. if that's true, then why should we look at this skydiver as the person who saved laverne's life. >> we should. the truth of the matter is these incidents are well documented and they have occurred before with fatal outcomes. in this case he responded and prevented this from becoming a fatal outcome. megyn: she is reluctant to jump. she acknowledges she had trouble getting out of the plane. is that what caused this? >> i don't believe that's what caused it. if you could point to one culprit it's probably body type. generally when someone has come out of a harness it's because they are are a flexible person who can bend backwards. >> don't you get a lot of training, hours of training for this? >> you say i have hours of training for parachuting? >> for being an instructor? >> sure. >> isn't part of the training knowing body size and knowing how to put on the harness properly? wouldn't you say that's part of your training. >> that is part of the training. but the thing is that ... megyn: motion to strike. the faa is look into this company because they say the has had other incidents. but they say overall their rate of safety is a the same as any other company and laverne is okay. dots u.s. attorney do any other investigating? >> they have to look at other lavernes, future lavernes down the road. are they together proper training. that's way was trying to get at with tom. you were very mean, lis, with tom. >> somewhere which, tom. ♪ hallelujah ♪ hallelujah [ baby crying, dog barking ] [ female announcer ] it doesn't have to be thanksgiving to have the perfect thanksgiving sandwich. carving board turkey -- only from oscar mayer. my brother doesn't look like a heart attack patient. i'm on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. i'm a fighter and now i don't have that fear. >>megyn: tom e-mailed said the f.a.a. should investigate the situation. what do you think? let me know on twitter. follow me and we will talk about it. and now, "studio b" with trace here for shepard. trace? >>trace: thank you, the the news begins anew. on "studio b," what would you say to the man who is attacking you in hopes of getting your job? president obama's phone call to the presumptive nominee, governor romney. and now facebook has lost $25 billion in value since the initial public offering. >> and a senior iranian military official says a sophisticated computer virus stalled operations at the main oil facility. and this is not