what do we know about what happened? >> there is only one child 10 years old survivor. he's in one of the tripoli hospitals and is taken care of by the medical team in that hospital. they say his condition is stable. and he's receiving care at hospital. the incident took place early this morning about 6:00 in the morning. and the only one survivor as i mentioned. also the minister of transportation this morning said that the two black boxes were found, and a specialized committee is formed to investigate the incident and to come up with a statement and to say the condition. and also the authorities [inaudible] to give information about the nationality of the victims and also about the names and everything. they have got the phone numbers available. so we'll know about the nationality and the names and everything. also in the meantime, the black boxes will be like done to complete the more about the incident. it's more [inaudible] jon: reporting live from tripoli, thanks. jane: elena kagan is make the rounds on capitol hill meeting with players in both parties. lawmakers that hold the key to her confirmation. jon: a new effort to stop the oil gushing into the gulf. a second smaller container is in the gulf. why are engineers waiting? jane: the state hit so hard by tornadoes this week are bracing for more storms and janice says more tornadoes are a possibility. she is in the weather center and all the hard-working people here are in our newsroom. we'll bring it straight to you. we are getting this breaking from the associated press. the mother of one of the three american hikers held in iran since last summer, they crossed the border, iran says they did it illegally and they have charged them with accusations of spying. the mother of one of the hikers is telling the ap that the family has gotten visas, they will be able to, they hope, visit these hikers. they have been waiting on word when they will have those visas in hands. they have them now. they picked them up in washington, d.c. we don't know when they will be able to travel, how long they will be able to be there. the families are hoping that they can bring these three home with them. though we have no information on that at this point. the mother of one of the hikers saying they have the visas. now we are waiting on a time line for travel. as soon as we get more we'll bring it to you. jon: on capitol hill the supreme court nominee elena kagan is making the rounds meeting with influential members of the senate who will vote on her nomination. starting with the majority leader harry reid. you are looking at live pictures of mitch mcconnell, the minority leader in the senate. then thee goes on to meet with various members of the judiciary committee. all part of the meet and greet scheduled today for the president's newest nominee to the supreme court. if confirmed she'll be in a position to help reshape the court for decades to come. the senators are want to find out where she stands on some of the hot button issues like abortion, illegal immigration, gay marriage. more than likely she is expected to avoid giving them too many answers. jan we are waiting to hear from the -- jane: we are waiting to hear from the president and hamid karzai. the obama administration is rolling out the red carpet for president karzai. he's here for four days. relations between our two countries have been rocky with long-simmering tensions boiling beneath the surface. this we are likely to see a show war time unity. we'll bring you that news conference as soon as it gets underway. an american citizen is detained in egypt after customs officials discovered a stash of weapons in his luggage. the man was taken into custody shortly after his flight arrived in cairo from jfk in new york. so he was allowed to board the plane. egyptian authorities say they found bullets, swords, handguns, knife. the. the tsa put out a statement. it mentioned just the two undeclared handguns. transporting firearms within the u.s. is permitted if properly declared. but many other countries have different laws. tsa is recommending passengers check with authorities at their destination. jon: oklahoma is cleaning up after 19 twisters reportedly touched down earlier this week. two people were killed by the storm. dozens more injured. one tornado tore through a trailer park tossing trailers around, snapping trees like twigs. a victim in another part of the state recalls the storm's fury. >> [inaudible] falling in and. >> i'm going to get me a storm cellar. first thing on my list. jon: a powerful new storm system is threatening that part of the country. meteorologist janice dean is in the weather center. >> we'll have to watch this area across oklahoma and kansas this afternoon into this evening. all the ingredients will come together perhaps another severe weather outbreak. right now we are dealing with this frontal boundary draped act plains states and waves of low pressure. we are seeing the threat for flash flooding across several different states. indianapolis, indiana, in toward ohio. a lot of folks are being warned to stay off the roadways. we have high water. do not travel across water. you have no idea how high it is. moving into portions of iowa also dealing with heavy rain and lots of lightning flashes. behind the storm system it's cold enough for snow. it could get 10-20 inches across the northern rockies. snow accumulations for mid may. they typically do see snow in may, but not this much. the cold air in place, as well as the warm, moist, gulf moisture. this is today's severe threat extending from the central portions of texas all the way up toward the ohio river valley. we may see the storm prediction center issue a moderate risk in illinois, missouri and kansas. this slight risk for the mid-atlantic. we could see large hail and damaging wind. this is the time of year that we see tornado, especially across tornado alley. folks across that region need to pay close attention to their local weather reports. jane: we are a couple minutes away from a news conference at the white house with president obama and at afghanistan president hamid karzai. we are going to bring that to you live. also the attorney general of the state of delaware who happens to be the son of the vice president, beau biden, what doctors and family members are saying what happened to him and why he ended up in the hospital. we showed you this video of this teacher beating up a 6th grade student right in school. today there is videotape from that same school. more students are coming forward with pretty horrifying stories. we'll show you. 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[ chuckles ] save on all your rides. now, that's progressive. call or click today. jon: vice president biden's son recovering from a mild stroke. he's in stable condition after being transferred to a hospital in philadelphia. doctors say he's fully alert and speak. a new era in british politics. david cameron says the new coalition government is united by a common purpose to tackle the deficit. a new pirate attack up the coast of africa. the somali pirates hijacked a greek-owns ship. jane: we have new information on the story we brought you yesterday. this videotape of a teacher beating up a 6th grade student. more students have come forward and they have stories to tell and they have video to show. >> reporter: the school has been hearing from local reports -- i want to mention fox has driven the story with exclusive pictures. the school says we are hearing other fights have broken out. you could have set an egg timer for the time it took for the school to acknowledge that. we are seeing cell phone video from students nearby when other fights have broken out. the school has had problems with violence in the past according to some parents. the original tape that we saw is not named in these videos such as this new video. but these are students. what the bystanders are saying is there were other teachers in the area while these kids were pummeling each other. much like the video where we saw where sherry lynn davis, the science teacher was at the center pummeling another student. the science teacher for three years at that charter school fired this week. she had a good reputation along the teachers. the school is acknowledging that there may have been other teachers who knew about the violence we are seeing in the new videos today and the violence you are seeing played out between that teacher and the student. so the school writes if any teacher is found who who has witnessed an incident and failed to make appropriate action to safeguard a student, disciplinary action will be taken against that teacher. they are investigating who was in the room when that original fight happened. who has been in the room for theseor other videos -- for these other videos. they want to know what responsible adult did or did not take action. what was done and what wasn't done. jon: we are awaiting with a joints news conference involving president obama and afghan president hamid karzai. he is a guest at white house. that news conference scheduled to get judge way any second now. there will be contentious issues these two leaders will have to address, including consider *'s threats to join the taliban. there are a lot of distrust between the two sides. but they will try to play that down. let's get to our senior white house correspondent major garrett. he's live in the east room. kind of a shift in public tone for president car die -- president karzai. >> reporter: that's right. how committed they are to dealing with military operations on the grounds. it's the public presentation of the disagreements and negotiations about those issues that changed fundamentally. three or four months ago the white house strategy was to badger the afghans then say to reporters they put the hammer to them to accelerate their training and deal with government issues. that did not work at all. hamid karzai was wounded by that and he reacted in a way that damaged the u.s. relationship with afghanistan. for political consumption the white house says hamid karzai did make that threat. never taken seriously here, but he said if you keep laying on me i might join the taliban or i might think about that. all that led the white house to dramatically shift the way the issues are being presented publicly. now it's all about diplomatic buttering up. this is prime diplomatic real estate for any head of state. he can say to the world, i was in the east room with the president of the united states. i stood next to him. we are partners in afghanistan. my reputation is being elevated. my visibility is being elevated by that. my stature is being elevated by that. all that is to make karzai a more willing partner than somebody who flirted with being akin to an adversary. jon: we have 80,000 troops in afghanistan. you will want to hear what the afghan president and our president has to say. jane: we are getting breaking news from a gulf oil spill. what investigators say the documents from the oil company show. i'll give you have the today he tails on that. bp is trying a much smaller contraction to contain the oil. why the company thinks this approach might work when nothing else has. also a hero catches a man suspected of spa brutal murder. the video of the canine takedown. coming up. e announcer ] over the past 50 years, toyota has been proud to be a model of quality car making. but recently, the safety of our cars and trucks has come under question. and at toyota, is is something we don't take lightly. that's why we're maki fundamental changes inside our 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investigators have found that a key safety device which you may have heard out called the blowout preventer did have a hydraulic system leak and it may have failed a negative pressure test hours before the explosion happened. we are working to get more details on that. we want to get down to empire, louisiana where phil keating is. he will update us on what's being done. something called a top hat? phil, can you hear me? it's jane. i can hear him a bit. sounds like we are having audio problems. okay. we are going to try and get that fixed and get back to phil because he has an interesting update for us. the feds are investigating financial he man -- financial shenanigans on wall street. morgan stanley is under investigation over mortgage derivatives deals it designed and bet against. >> reporter: the officials i have spoken to said they helped design these products and they bet against them. it's not necessarily illegal. which i'll explain. but first let me read to you verbatim and statement coming out of the firm today which explains their side of the story. here is what morgan stanley is saying. >> reporter: morgan stanley said it had a role in creating these bonds and it may have bet against them in trading in its daily activities. but it says other wall street firms were responsible for the marketing and sale of these bonds. so did morgan stanley mislead anybody? the firm says no we could not have done that because somebody else was in charge of selling these bonds to investors. if you are following that, in fairness to morgan stanley it's different than what what he talked about with goldman sachs where you have specific charges being levied against the firm and goldman is in settlement talks. and much different situation here. jon: we have our connections reestablished with phil keating live in empire, louisiana. they dropped another one of those top hats down to the sea floor. so if the question is, how long before they can try it out? >> reporter: it's down on the sea floor resting down there. but instead of doing what they did last friday and saturday with the original underwater oil collector dome putting it on top of the leak and attaching all the pipes to it. that allowed the hydrate to build up. it clogged the exit pipeline. so what they are doing right now all day today, they are going to be using the underwater robots to connect the two hoses to the top and that will allow hot methane, hot water and methane to be pumped down to the top hat dome in an effort to keep it warm enough down there that you won't have the slushy buildup this time around. also the pipeline connecting the top hat up to the ship will be two pipes in one. and that will allow the outer pipe to be flushing down the hot water to keep it warm and the inner pipe theoretically this oil will flow upwards up to the ship. but this has never been done successfully or attempted at 5,000 feet. they tried it last weekend when it failed. jon: there are questions about how effective the oversight is on these blowout preventers. >> reporter: that's ongoing today. i will tell you this. representative henry waxman, the democrat from california on the house energy and commerce committee is saying documents, bp documents that they have obtained show that the blowout preventer at 450-ton preventer at at sea bed floor, the device that theoretically would pierce through the pipeline and stop the flow of oil into the gulf in case after disaster like the one we are dealing with, that it had a crucial hydraulic leak and he says they have discovered that shortly after the explosion that blowout preventer failed a pressure test. so big questions on that blowout preventer, clearly if that works and the kill switch was engaged according to the captain of the rig that we learned yesterday in testimony in that louisiana hearing, that should have stopped this oil flow three weeks ago. but instead we have more than 4 million gallons of oil still polluting the gulf of mexico and just this morning it's been announced that oily sticky tar balls have been found south of here maybe 15 or 20 miles at the mouth of the south pass of the mississippi delta. not good. jon: not good at all. phil keating from empire, louisiana. jane: democrats on the hill getting a wakeup call from west virginia. an influential congressman has gotten kicked out of his long-term seat. what does this mean for the november mid-term. the search is intensive for whoever cut down and toll this memorial -- cut down and stole this memorial war cross in the mojave desert. >> to me it's the same as going to a military cemetery and yanking a cross off the grave. they gave everything they have. it's just not right. jon: incumbents beware, voters just kicked a powerful house democrat out of congress. west virginia's allan mol. l lohan losing the primary after 18 years on capitol hill, making him the first house casualty in what could be a turbulent mid-term election year. oliverio won the race with 66 percent of the vote compared to mollohan's 44 percent. molly henneberg, it can be awfully tough to take down an incumbent, especially one there so long, so why did molloan lose? >> there's been a mollohan in this seat since 1969. the west virginia district is a conservative district. george wish won there in 2004 with 58 percent of the votes and john mccain won with 57 percent of the vote in 2008, congressman mollohan faced an ethics investigation and voted for the health care overhaul which his democratic opponents used against him. here's more. >> when an incumbent falls, it's a combination of things i think he was portrayed as being too proobama in a district that clearly was antiobama, and health care reform is not popular there. >> reporter: mollohan said last night he ran into a, quote, strong head wind of voter discontent, jon. jon: i guess republicans are hoping to pick up that seat, but -- i'm sorry, democrats are promising they're going to hold on to it? >> reporter: absolutely. republicans see an opportunity here. the democrat who won last night, state senator michael oliverio has run as a conservative democrat, he'll go against west virginia gop chair david mckinley who said last night's primary was a, quote, referendum on obama's policies. here in washington republican leaders say there's a political rebellion going on and politicians should beware. here's more. >> what irritates the american people most is the arrogance of washington. that the majority here is not listening to the american people. we saw during the health care debate, we've seen it during the spending debates. >> reporter: democrats say they'll hold on to this seat, though. democratic congressional campaign committee chair, representative chris van hollen, put out this statement, saying, quote, this was a tough and spirited primary process, and we are confident that this historically democratic seat will remain democratic this november. and jon, as we've been talking about, mollohan's ouster follows the defeat of senate republican bob bennett in a primary in utah. jon: molly henneberg in washington, keeping an eye on politics for us. jane: veterans' groups are angry as news is spreading that somebody cut down and stole the war memorial cross from the mojave desert, erected to honor world war i vets. it stood on public land, it was subsequently moved by congress and a couple of weeks ago the supreme court ruled it could remain in place but early monday that cross was stolen by vandals. i shouldn't say it was moved but the land was designated as to be not federal property. on the phone is linda slater, with the mojave national preserve. update us if you will, what's the news at this hour? >> well, yesterday, we set up a tipline to try to get the public to assist us with the case, and over the last 24 hours, we've gotten over 30 calls on the tipline with some good leads that our rangers are following up on. jane: anything worthwhile that you can tell us about in terms of who you're looking at? >> i really can't share any information about specifics on the tipline. jane: when you go about -- can you talktous linda about what type of person you would look at and what the motive would potentially be in this case? >> the motive is really wide open. of course with the litigation, it's probably related to the case, but it could be anything from somebody looking for scrap metal to somebody wanting to make a point about this supreme court case. jane: where are you leaning? i know one of the lawyers in this case had this to say, when this happens ten days after a court ruling you've got to think somebody didn't like the ruling and took the law into their own hands. is that where you're leaning? >> that's certainly one possibility. jane: what kind of punishment does somebody face? >> well, you know the basic charge is theft and i'm not sure what additional charges might come from this case. it's pretty complicated as you well know. jane: would this be a federal crime? >> yes it would jane: talk to me if you can, i know we have after pictures of what was left after somebody hacked this diewnd walked off with it, i would assume they had to use some sort of tools. >> yeah, the cross was welded to a metal plate bolted directly to the rock and those four bolts were cut, so the entire cross was removed. jane: and last question for you, when you're dealing with something that has been taken in the middle of the mojave desert, what tools do you have as investigators, i assume there are no surveillance cameras there. >> no surveillance cameras. we do have federal law enforcement rangers on staff that are investigating and they have access to anything that they need to work with to solve the crime. jane: linda, let us know if anything breaks, she's with the mojave national preserve, thank you for your time. >> thank you. jon: we are keeping an eye on the east room of the white house, president obama and afghan president hamid karzai expected to emerge from a doorway there any second now and speak to the assembled gathering. among those in attendance, general stanley mcchrystal, the architect of the surge in afghanistan that sent so many thousands more troops there. he and the room of dignitaries wants to hear what the president has to say and so will you, coming up. jon: fox news alert, as promised president hamid karzai of afghanistan and president obama, joining the news conference. >> good morning, everybody. i am very pleased to welcome president karzai back to the white house, and i also want to welcome the president's delegation, including ministers from across his government whose presence speaks to the broad and deepening strategic partnership between the united states and afghanistan. this visit is an opportunity to return the hospitality that president karzai showed me during my recent visit to afghanistan. and that included a wonderful afghan dinner that the president shared with us and where we were joined by members of his delegation, so mr. president, thank you, and welcome to the united states. more importantly, this visit is an opportunity for us to assess the progress of our shared strategy in afghanistan, and to advance the strong partnership between our two nations, one that's based on mutual interest and mutual respect. i had reaffirmed the commitment of the united states to an afghanistan that is stable, strong, and prosperous. afghans are a proud people who have suffered and sacrificed greatly because of their determination to shake their -- to shape their own destiny. there is no denying the progress that the afghan people have made in recent years, in education, in health care, in economic development. as i saw in the likes a-- lights across kabul when i landed, lights that would not have been visible when i visited earlier. after 30 years of war of afghanistan still faces daily challenges in delivering basic services and security to its people while confronting a brutal insurgency. whether afghanistan succeeds in this effort will have consequences for the united states and consequences for the entire world. as we've seen in recent plots here in the united states, al-qaeda and its extremist allies continue to plot in the border regions between afghanistan and pakistan, and a growing taliban insurgency could mean an even larger safe haven for al-qaeda and its affiliates. so today, we are reaffirming our shared goal, to disrupt, dismantle and defeat al-qaeda and its extremist allies in afghanistan and pakistan, and to prevent its capacity to threaten america and our allies in the future. and we are reviewing the progress of our shared strategy and objectives. a military effort to reverse the taliban's momentum and to strengthen afghanistan's capacity to provide for their own security, a civilian effort to promote good governance and development, and regional cooperation, including with pakistan, because our strategy has to succeed on both sides of the border. just over half of the additional military forces that i ordered to afghanistan in december have now arrived with the remainder due by this summer. as part of our 46-nation coalition, allies and partners have increased their commitments as well. we're partnering with afghan and coalition forces and we've begun to reverse the momentum of the insurgency. we have taken the fight to the taliban in helmand province, pushed them out of the strong hold in marjah, and are working to give afghans the opportunity to reclaim their communities. we've taken extraordinary measures to avoid civilian casualties and i have reiterated in my meeting with president karzai that the united states will continue to work with our afghan and international partners to do everything in our power to avoid actions that harm the afghan people. after all, it's the afghan people we are working to protect from the taliban which is responsible for the vast majority of innocent civilian deaths. meanwhile, the training and development of afghan security forces continues so that they can begin to take the lead in security next year. towards this end, we're working with the afghan government and our allies on a broader framework to guide the transition of responsibility for security, development, and governance in afghan provinces. i've also reaffirmed that the united states is committed to transferring responsibility for detention facilities to the afghan government. to support the second part of our strategy, the civilian effort, more american diplomats and experts are now on the ground and are partnering with their afghan counterparts. in his inugral address and at the london conference president karzai committed to making good governance a top priority and i want to acknowledge the progress that has been made, including strength strengthening anticorruption efforts, improving governance at provincial and district levels, and progress towards credible parliamentary elections later this year. of course, president karzai and i both acknowledge that much more work needs to be done. i also welcome president karzai's commitment to take additional steps that can improve the lives of the afghan people, in concrete ways. especially with regard to the rule of law, agricultural production, economic growth, and the delivery of basic services. i pledged america's continued support for these efforts and i've asked secretary clinton to lead an american delegation to this summer's kabul conference where the afghan government will be presenting concrete plans to implement the president's commitments. on the related subject of afghan-led peace and reconciliation efforts, i appreciated the president sharing his plans for the upcoming consultative peace journey, an important milestone that america supports. in addition, the united states supports the efforts of the afghan government to open the door to taliban who cut their ties to al-qaeda, abandon violence, and accept the afghan constitution, including respect for human rights. and i look forward to a continued dialogue with our afghan partners on these efforts. in support of the final part of our strategy, a regional approach, we discussed the importance of afghanistan's neighbors supporting afghan sovereignty and security. i was pleased to hos president karzai and president zardari of pakistan together here at the white house a year ago and our trilateral cooperation will continue. indeed, pakistan's major offensive against extremist sanctuaries and our blows against the leadership of al-qaeda and its affiliates advance the security of pakistanis, afghans, and americans alike. finally, as we pursue our shared strategy to defeat al-qaeda, i'm pleased that our two countries are working to broaden our strategic partnership over the long term. even as we begin to transition security responsibility to afghans over the next year, we will sustain a robust commitment in afghanistan going forward. and the president is -- the presence of so many leaders from both governments underscores how we can partner across a full range of areas, including development, agriculture, education and health, rule of law, and women's rights. together, we can unleash afghanistan's vast potential. for example, i was pleased to welcome several remarkable afghan women to our recent entrepreneurship summit here in washington and i look forward to formalizing a new strategic partnership between our countries later this year, and to deepening the lasting friendship between our people. as i've said, on numerous occasions, there are many difficult days ahead in afghanistan. we face a determined and ruthless enemy, but we go forward with confidence, because we have something that our adversaries do not. we have a commitment to seek a future of justice and peace and opportunity for the afghan people. and we have the courage and resolve of men and women from afghanistan and our international coalition who are determined to help afghans realize that future. and as i did at baghram during my visit i especially want to acknowledge the extraordinary sacrifices that are being made by american troops and civilians in afghanistan, every single day. our solidarity today sends an unmisachable damage of those who stand in the way of afghan's progress, they may threaten and murder innocent people but we will work to protect the afghan people. they will try to destroy, but we will continue to help build afghan's capacity and allow afghans to take responsibility for their country. they will try to drive us apart, but we will partner with the afghan people for the long term toward a future of greater security, prosperity, justice, and progress. and i'm absolutely convinced we will succeed. that is the work that we have advanced today, and i again want to thank our partners, president karzai and his delegation, for the progress we have made, and can continue to make in the months and years ahead. president karzai. >> thank you. >> thank you mr. president. i'm very grateful, mr. president, for the kind hospitality that you and your team offered during our -- this visit to the united states. as always, you have been gracious and kind and very hospitable. we began our visit the day before yesterday with an informal dinner with secretary clinton and secretary gates, and we yesterday had with the department and secretary clinton an extremely fruitful meeting of the groups of afghan ministries and their counterparts, outlining the progress we have made in the past several years and our aspirations for the future and our common objectives towards the future as we travel along. mr. president, i yesterday had the honor of visiting walter reed's hospital, where i visited with the wounded who are detained from afghanistan and from iraq. it was a very difficult moment for me, mr. president, to meet with a young man, very, very young man, who had lost two arms and legs. it was heart rendering, and there were other wounded, too, just like i had seen in afghanistan. this shows the commitment that the united states has to bringing security to afghanistan and by extension, to the united states and the rest of the world, and the difficult task that we have in helping us in securing our future generations a better and more secure life. mr. president, i thank you again for the excellent meeting this morning in which president obama and i discussed the entire structure of afghan-american relationships, the issues that we have together inside afghanistan, the progress that we have made together, the campaign that is going on against terrorism, the successes of the past years which are numerous and great for which i, again, express gratitude on behalf of the afghan people to the american people and to you, mr. president, and i also thanked president obama for adding considerable resources to the success in afghanistan on becoming the president of the united states, for which mr. president i conveyed the gratitude of the afghan people, and i can reassure you that we will work with dedication and extreme care to have those reserves spent well and in place for a better future for the afghan people. we also discussed during our meeting this morning the afghan-american strategic partnership, and the relations towards the future beyond the successes that we will certainly gain against terrorism, the issues related to the region, and afghanistan, afghanistan's difficulties and concerns that we've gone to capacity in the buildup of afghan security forces, the afghan economy, the issues of agriculture and energy, and all those issues of developmental importance to afghanistan for which the united states is putting in considerable resources. we also discussed the peace process and the downcoming -- upcoming peace in kabul for which, mr. president, i'm grateful to you for your support and very kind advice. we also discussed the parliamentary election, upcoming parliamentary elections in afghanistan and the kabul conference. we discussed in quite detail and in a very frank and productive manner the issues of protection of civilians and judicial -- with respect to the judicial independence of afghanistan, i found it very happy for me and to convoy back to the afghan people that i found a very supportive voice from president obama on these accounts, and i'm very glad to report to you that we'll be setting up a team of our senior advisers to work out the exact time lines of the transfer of detention centers to the afghan government which i consider to be amid a point of progress in our conversations. mr. president, i once again would like to convey to you and to the people of the united states our deep hearltfelt gratitude -- heartfelt gratitude for the assistance that america has provided. because of that, afghanistan is once again on the map in a significantly positive way, our flag is flying around the world, we are visiting all the important occasions, with you once again have a voice as the people of afghanistan and this would not have been possible without the sacrifices and the resources of the united states and other our allies have put in. afghanistan is grateful, afghanistan will definitely with your help succeed towards the future. there are, of course, issues that are a concern to all of us, but we have shortcomings in afghanistan, afghanistan is still a very, very poor country, the work that we've done promises a better future for all of us, and afghanistan will assure you, mr. president, that it will take the right steps in bringing a better government to afghanistan, for the part of the afghan people and in partnership with the united states of america. i thank you once again mr. president, for the tremendous hotel alt -- hospitality. >> thank you very much. thank you. [applause] >> thank you. we've got time for two questions from the u.s. press, two questions from the afghan press. and so i will start with mark noeler of cbs radio. where is mark? there he is. >> gentlemen, it sounds from your statements as though you've been able to put aside the tensions and frictions that were in evidence a month or so ago. can you tell us if you discussed those concerns that were raised at that time? and have you figured out how the relationship may have come off the tracks, and mr. president, let me ask you about the talk about the new prime minister of the united kingdom yesterday. are you worried in any way that the u.k.'s support in afghanistan might wane? >> well, i won't take the second -- li take the second question first. i had a conversation with david cameron yesterday, he's somebody who i had the occasion of meeting when i had traveled to england previously. i find him to be a smart, dedicated, effective leader, and somebody who we are going to be able to work with very effectively. he reaffirmed without me bringing it up his commitment to our strategy in afghanistan. and i am confident that the new government is going to recognize that it is in the interest of all the coalition partners to help president karzai succeed, and to build a more prosperous and secure and stable afghanistan which in turn will help assure our long term security. and by the way, when i had the conversation with prime minister cameron, we also both reaffirmed the extraordinary special relationship between the united states and great britain, one that outlasts any individual party, any individual leader. it is built up over centuries, and it's not going to go away. with respect to perceived tensions between the u.s. government and the afghan government, let me begin by saying a lot of them were simply overstated. when i came into office, i made it absolutely clear that i intended to resource an effective strategy in afghanistan and work with the afghan government so that we have a strong, stable, prosperous afghanistan. and i've used whatever political capital i have to make the case to the american people, that this is in our national security interest, that it's absolutely critical that we succeed on this mission. president karzai agrees that we have to deal with the extremists, that are disrupting life in afghanistan, and our strategic approach has been entirely consistent. now, obviously, there are going to be tensions in such a comb complicated, difficult environment, and -- in such a complicated, difficult environment and in a situation in which on the ground, both afghans and americans are making enormous sacrifices. we've had very frank discussions, and president karzai agrees with me, that we can't win through a military strategy alone. that we're going to have to make sure that we have effective governance, capacity building, economic development, in order for us to succeed. and you know, i think that what we discussed this morning is a recognition on both sides that this transformation is not going to happen overnight. that a country that's come out of 30 years of war and dire poverty is not going to suddenly change across the board. our job is to be a good friend and to be frank with president karzai in saying here's where we think we've got to put more effort. president karzai's job is to represent his country and insist that its sovereignty is properly respected, even as he goes about the hard task of bringing about these changes in both his government and his economy. and so i am very comfortable with the strong efforts that president karzai has made thursday far, and i think that we both agree that we're going to have to make more efforts in the future, and there are going to be setbacks, there are going to be times when our governments disagree on a particular tactic, but what i'm very confident about is that we share a broad strategy, one that i hope we can mem orize in -- memorialize in a declaration by the end of this year. >> sir, the relationship between afghanistan and the united states is now into its tenth year, and in the form that it has since september 11, 2001. it's not an imaginary relationship. it's a real relationship. it's based on some very hard and difficult realities. we are in a campaign against terrorism together. there are days that we are happy, there are days that we are not happy. it's a mutual relationship. towards a common objective. and definitely, days have come in which we've had differences of opinion and definitely days in the future will come in which we have differences of opinion. but the nteations well-rooted and hayears of desreme activity on both so believe what you a monhs is reflve of d stro relationship, andiden on yt descrid, there a moments we speak frankly to each other and that frankness will only add to te strength he relaiothe ttbo linee areu mh more stronglyted to eorn onsh, nd t is a good mesage tha i will take ck to the afghan people the day after tomorrow. >> thank you very much should introduce myself, my name is nazital karimi, from long as i regarding afghanistan's situation, the only reason that afghanistan is not civilized, you mentioned about pakistan, pakistan has two faces regarding afghanistan, that's why all the time we have problems, the pakistani government is not really, really honest regarding afghanistan. i need your answer what is the new policy of united states to solve this problem. and next question from president karzai, i want to ask -- i want to ask him my question, and then i want to answer it. [speaking in native tongue] >> thank you. >> okay. i know you're going to translate that for us! >> [laughter] >> he's very good. >> yes. >> karzai and i have in the past met with pakistan's president, president zardari , as well as their intelligence officers, their military, their teams, and emphasized to pakistan the fact that our security is intertwined. i think there has been in the past a view on the part of pakistan that their primary rival, india, was their only concern. i think what you've seen over the last several months is a growing recognition that they have a cancer in their midst, that the extremist organizations that have been allowed to con agree gate and used as a base, the frontier areas to then go into afghanistan, that that now threatens pakistan's sovereignty. our goal is to break down some of the old suspicions and the old bad habits and continue to work with the pakistani government, to see their interest in a stable afghanistan which is free from meddling, and that afghanistan, pakistan, the united states, the international communities, should all be working to reduce the influence of the extremists in those regions. and i am actually encouraged by what i've seen from the pakistani government over the last several months. but just as it's going to take some time for afghanistan's economy, for example, to fully recover from 30 years of war, it's going to take some time for pakistan, even where there is a will, to find a way in order to effectively deal with these extremists in areas that are fairly loosely governed from islamabad. you know, part of what i've been encouraged by is pakistan's willingness to start asserting more control over some of these areas. but it's not going to happen overnight. and you know, they have been taking enormous casualties, the pakistani military has been going in fairly aggressively, but this will be an ongoing project, and president karzai and i both discussed the fact that the only way ultimately that pakistan is secure is if afghanistan is secure. and the only way that afghanistan is secure is if the sovereignty, the territorial integrity, that afghan constitution, the afghan people, are respected by their neighbors. we think that that message is starting to get through, but it's one that we have to continue to promote. >> ma'am, we did discuss civilian casualties, the protection of civilians. i must report to you, ma'am, that since the arrival of general mcchrystal in afghanistan, there has been can recall progress achieved in this regard. there is very open and frank attitude about that now. the president expressed in fundamentally human terms his concern about civilian casualties, not only as the political issue but as a human issue that president obama remarked about, to which i have my respect to the president on this issue. we not only discussed the ways and means of how to reduce civilian casualtyies. i'd rather not have them at all. night raids were discussed, detentions were discussed, i mentioned about that in my opening remarks, and you will see the agreements between us on this reflected in the joint communique that i hope is coming up or is already issued. >> susanne? >> thank you mr. president. from the thousands of u.s. troops and billions of dollars in aid that still pour into afghanistan, can you talk to the american people and give us a sense of where we stand, how close we are to winning this war in afghanistan, and whether or not you'll be able to meet your goal of pulling out the majority of u.s. troops by july of 2011? and to president karzai, is there anything that you can do, your government or your people, to maintain that deadline, that end game of july 2011? and have you found your meetings with iran's president, mahmoud ahmadinejad to be helpful or hurtful in your relationship with the obama administration? thank you. >> well, susanne, first of all, let's be clear about what july 2011 represents. what i have said is that having put in more troops over the last several months in order to break the momentum of the taliban, that beginning in 2011 july we will start bringing those troops down and turning over more and more responsibility to afghan security forces that we are building up. but we are not suddenly as of july 2011 finished with afghanistan. in fact, to the contrary. part of what i've tried to emphasize to president karzai and the afghan people but also the american people is this is a long-term partnership, that is not simply defined by our military presence. i am confident that we're going to be able to reduce our troop strength in afghanistan starting in july july 2011, and i'm in constant discussions with general mcchrystal, as well as ambassador eikenberry, about the execution of that time frame but after july 2011, we are still going to have an interest in making sure that afghanistan is secure, that economic development is taking place, that good governance is being promoted, and so we're going to still be putting in resources and we're still going to be a friend to the afghan people in their efforts to stabilize. so that's something i want to make absolutely clear. to the american people, i think what they should know is that we are steadily making progress. it's not overnight, it's not going to be instant, but the sacrifices of those young people that president karzai visited in walter reed, those sacrifices result over time in more and more of afghanistan being under the control of the afghan government and our friend and ally, president karzai, and less and less under the control of the taliban. as i indicated in my opening remarks, this is not just going to be a military solution. and so through the peace injuringa that president karzai -- jerga is president karzai is organizing, through the kabul conference that sends a strong message about the afghan's commitment to governance of law, through human rights and women's rights, through all those mechanisms, more and more the afghan people start feeling confident in the afghan government, and as their confidence in the afghan government grows, their fear of the taliban weakens. and we are confident that that approach that has a strong military component to it, that is mindful of the enormous sacrifices that our troops and their families are making, that component is critical, but these other components are going to be critical as well, and if we marry those two approaches, then we are optimistic about success. but there are going to be ups and downs, and one thing that i've tried to emphasize is the fact that there's going to be some hard fighting over the next several months. the fact that we are engaging, you look at a place like marjah, the taliban controlled that area, and when you move in, and you say you're not controlling this area anymore, they're going to fight back, and they're tough, and they're going to fight. but what you're seeing, not only have we succeeded in driving the taliban out of marjah, but it also is a model of the partnership between u.s. forces and afghan forces, and so you're starting to see afghan govern forces battle-ready, toughened, getting more experience. that then helps us to execute a transition so that more and more afghan forces are able to take the lead. but this is going to be -- this is going to be taking some time. one last point i want to make, because president karzai referred to the issue of civilian casualtyies, the afghan journalist asked about it. let me be very clear about what i told president karzai when there's a civilian casualty, that is not just a political problem for me. i am ultimately accountable, just as general mcchrystal is accountable, for somebody who's not on the battlefield who got killed. and that is something that i have to carry with me and that anybody who is involved in the military operation has to carry with them. and so we do not take that lightly. we have an interest in reducing civilian casualties not because it's a problem for president karzai. we have an interest in reducing casualties because i don't want civilians killed. and we are going to do everything we can to prevent that. now, war is tough and difficult, and mistakes are going to be made, and our troops put themselves at risk oftentimes in order to reduce civilian casualties. they will take a chance often in a field of battle where they're trying to deal with uncertain information and they're not sure whether that's an attack coming or not or which house these shots are being fired from, and because of general mcchrystal's direction, oftentimes they're holding fire, they're hesitating, they're being cautious about how they operate, even though it would be safer for them to go ahead and just take these locations out, because part of what the american military standards for -- stands for is that we distinguish between civilians and combatants. something by the way that our enemies do not do. and that puts us more at risk and makes it more difficult but that's a burden that we're willing to bear. but i want everybody to be clear, especially the afghan people, i take no pleasure in hearing a report that a civilian has been killed. that's not why i ran for president. it's not why i'm commander in chief. that's not why our young men and women sign up. that's not why they sacrifice in the ways that president karzai saw they sacrificed when they are in walter reed, and we are going to work together as assiduously as we can to make sure those civilian casualties are reduced even as we try to accomplish a mission, and even as we are reminding ourselves constantly that the overwhelming majority of civilian casualties in afghanistan are as a consequence of terrorist acts by the taliban. president karzai. >> ma'am, on the july 2011, afghanistan's army and police are progressing steadily towards strengthening and towards institutionalizeing. we plan to be conducting, providing security for our country in a major part of the country where we have the ability within the next two years. and by the time my term of office completes, in four years, 4 1/2 years, from today, afghanistan is working hard to provide security for the whole of the country through the afghan means and afghan security institutions. on the overall picture, president obama spoke for both of us on the issue of july 2011. on the question of iran, and my meeting with president ahmadinejad in tehran and his visit to kabul, afghanistan's position there is very clear from the very first day. and we have been clear with our brothers and counterparts in iran on that as well, and with our other neighbors. afghanistan is a partner and a friend with the united states. the united states is our greatest contributor to stability and reconstruction, as the provider of 80 percent of the support that afghanistan receives. and afghanistan's desire to engage in a strong, steady, long-term relationship with america is one that we have expressed clearly and publicly and repeatedly. we've also spoken with our american counterparts from the very beginning that iran is our neighbor, and a brother, and we want to have the best of relations with them. they've had contributions to afghanistan's reconstruction. we wish that afghanistan remains friendly to both, and it's not a place where we are seen as a playground by our neighbors in any way. so the united states has been very clear and support ive and understanding of afghanistan's position, and this has been reflected in the discussions between us and in the declaration, the joint communique. there was a reference to afghanistan having friendly relations with its neighbors, and iran is one of our neighbors. but we are distinct and clear on our relations with america and with iran as well. we wish both countries the best, and if there is anything we can do to make things better, call us. [laughter] >> ma'am, -- >> [speaking in native tongue] >> i will ask president karzai a question, then president obama. >> from america's afghanistan service? >> yes, thank you. one of these purposes of your trip is to gain the support of u.s. government for reconciliation of integration of taliban in afghanistan, when you first initiated this strategy or plan, you were interested in talks with lower to middle level of taliban but you have increasingly shown interest into bringing taliban leaders into the negotiations while taliban made it very clear that the only way for them to talk to the afghan government is a complete withdrawal of foreign troops from afghanistan and the creation of a shia-based government in that country. are you sure this strategy, after all the support that you will gain from the international community, will be a successful one, it will not be yet another failed strategy in afghanistan? and my question for president obama would be that secretary clinton yesterday mentioned in a gathering that you would support this initiative only if the taliban put their weapons down, respect the afghan constitution, and cut all ties with al-qaeda, and we all know that taliban-al-qaeda pretty much are fighting for the ideology, not material gains, and it's very hard to differentiate between the two in pakistan and afghanistan since they are fighting as a united force in those countries. do you think it's a doable strategy for afghanistan? thank you. >> ma'am, exactly the last part of your question is my answer. afghanistan is seeking peace because through military means alone, we are not going to get our objectives of bringing stability and peace to afghanistan, and the defeat of terrorism. now, there are thousands of the taliban who are not ideologically oriented, who are not part of al-qaeda or other terrorist networks, or controlled from outside in any manner troublesome to us there are thousands of them in our country who have been driven by intimidation or fear, caused by at times misconduct, all beyond their control or our control. and it's these thousands of taliban who are not against afghanistan or against afghan people or their country, who are not against america either or the rest of the world and who want to come back to afghanistan if given an opportunity and provided the political means. it's this group of the taliban which we are addressing in the peace jurga, it's this that is our intention. those within the taliban leadership structure who again are not part of al-qaeda or the terrorist networks or ideologically against afghanistan's progress and its rights and constitution, democracy, the place of women in afghan society, the progress they've made and are willing to march ahead with the rest their people in their country for the better of the future of afghanistan are welcome and the jurga, the peace jurga is intended for certain afghan people, taking their advice on how and to which means and which speed should the afghan government proceed in the quest for peace. >> well, i think president karzai summed it up well. we've been very clear that we need ultimately a political component to our overarching strategy in afghanistan. and as president karzai described the taliban is a loose term for a wide range of different networks, groups, fighters, with different motivations. what we've said is that so long as there's a respect for the afghan constitution, rule of law, human rights, so long as they are willing to reannounce violence and ties to al-qaeda and other extremist networks, that president karzai should be able to work to reintegrate those individuals into afghan society. this has to be an afghan-led effort, though. it's not one that's dictated by the united states or any other outside power. and i think that the peace jurga will allow for a framework to then move forward. one of the things i emphasized with president karzai, however, is that the incentives for the taliban to lay down arms or at least portions of the taliban to lay down arms and make peace with the afghan government in part depends upon our effectiveness in breaking their momentum militarily, and that's why we put in the additional u.s. troops. that's why general mcchrystal is working so hard to clear out key population centers taliban-controlled, so the timing, how the reconciliation works, at what point do the taliban start making different calculations about what's in their interests and how the afghan people feel about these issues is in part going to be dependent upon our success in terms of carrying out our mission now. so we are very i think an important partner in facilitating this potential reconciliation and effectively empowering the afghan government so that it is in the strongest possible position as these talks move forward. let me just say in conclusion, again, mr. president, i'm grateful for your visit, this is a reaffirmation of the friendship between the american people and the afghan people. when i came into office, i made it very clear that after years of some drift in the relationship, that i saw this as a critical priority. i also said to the american people that this was going to take some time, and it was going to be hard. that we weren't going to see magical transformations immediately. but with slow, steady, persistent work on the part of both the united states and the afghan government. that i was confident that, in fact, we could achieve peace and stability and security there, and that that ultimately would make the american people more safe and more secure. i am more convinced than ever that we have found a difficult but appropriate strategy for pursuing those goals, and i'm confident that we're going to be able to achieve our mission. there are going to be setbacks, there -- there are going to be times when the u.s. government and afghan government disagree tactically but i think our overarching approach is unified and i think that the visit by president karzai to the united states and his welingsness to listen to our concerns even as we listen to his, as he indicated, only makes the relationship stronger. thank you very much, everybody. [applause] >> thank you. >> thank you. jon a grand diplomatic setting, the very formal east room of the white house there, for a news conference. a lot of glowing words between two leaders who do not always see eye to eye, afghan's president, hamid karzai, and president barack obama of the united states. you heard the president mention there that he believes that he will be able to begin drawing down american forces in afghanistan, beginning in july of 2011. that has always been the timetable that he has expressed confidence in. for his part, president karzai talked about the gracious, kind and very hospitable welcome he has received at the hands of the obama administration. he did not mention government corruption. one the issues in afghanistan -- one of the issues in afghanistan that has caused so much consternation in washington, the perceived tensions that are there are overblown, said our president. the hand of friendship, out between the two countries, and of course the president there took a parting shot at the bush administration saying that he came into office after some years of drift, he said, in the relationship between afghanistan and the united states. john jane the two leaders were speaking, we were working to get details on an airline passengers who left jfk in new york, landed in kay re, egypt -- cairo, egypt and authorities found a whole lot -- a whole lot of luggage. how did he get there? we have the breaking news, next. jane: "happening now" on capitol hill, supreme court nominee elena kagan is meeting with this hour with chairman patrick leahy of vermont, president obama's choice for the high court is making rounds with lawmakers who will vote on her confirmation this summer. let's get to shannon bream, shannon, this is eight lawmakers in eight hours? how have the first meetings been? >> reporter: she is very, very busy doing the traditional rounds on capitol hill. she did meet with the senate's top democrat, sen yart majority leader harry reid, he had a lot of praise for her already because he urged the president again and again publicly, pick someone who's not a done and -- a judge and as slitter general she's never been a judge. vied excited about her nomination. ears what he said about his hopes for her. >> whether it's a democrat or republican or an independent, the great country that we're in, as ruled by law, and that's what you're going to make sure continues. we're grateful that you've agreed to accept this assignment from the president. >> reporter: and so it appears at least right now, the top democrat in the senate, a very excited and hopeful about her nomination, jane. jane: she also met with the senate's top republican, he sounded like a bet of a skeptic. what happened there? >> reporter:dy say we're going to have a very fair hearing, it is going to be very thorough, and he said he does have concerns that he's exhibited about the fact that as solicitor general, elena kagan has been part of the administration in his opinion. they had a good meeting this morning but here's what he said in a written statement to us, quote, as supreme court justice ms. kagan's job description would change dramatically, far from being a member of the team we would be serving ago a check on it. that is why the founders insisted for an independent arbiter and will question her thoroughly on that question. jabe jane -- jane: shannon, thanks. jon: are you angry? a lot of voters seem to be. if you have any doubts, consider this. two veteran members of congress, one, a conservative republican, the other, a democrat who chaired a key appropriations subcommittee, have been voted out in recent days. the victims of primary elections held months before the midterms. there's a new fox poll showing how sour voters are right now, a clear majority in both parties, not happy with the job performance of congress. let's get a fair and balanced debate going on just how unsafe washington is for incumbents these days, from washington, kate obenshain, former chair of the republican party of virginia, president vice president of the young america's foundation, in new york, democratic pollster and fox news contributor doug schoen. welcome to both of you. >> thank you. jon: doug, democrats have the most seats to lose. does that simply by virtue of the math make them the most vulnerable this time around? >> jon, it's not only the math. that certainly works against the democrats. but the democrats have both lovers of power, they have the executive and the congress and an angry electorate, and i think what you are saying in the introduction is exactly right. the democrats have the most to lose, they have an angry public and it's not only on the ideological extremes. even in the center there's the sense there's too much spending and throw the bums out and in this case it's the democrats. jon: kate, republicans would seem to be the beneficiaries of that mood but not necessarily. i mean, when you look at some of the polling and we'll get to that in a second, republicans aren't necessarily standing in public favor right now, either. >> well, it depends on the republican. and i agree what doug said about how it's not an extremist movement. this is very broad-based, it transcends party lines. people are just furious with what they see happening in washington and the direction that they see congress and the president moving us in. and anybody who is complicit in that, including somebody like bob bennett, who is considered a conservative but voted for t.a.r.p. under president bush, they are vulnerable when they didn't stand up strong enough to what's happening, the direction in d.c. jon: let's take a look at one of the fox news opinion dynamics polls, this is regarding the -- okay, well, this is the opinion of president obama. 53 percent approval rating now. in april, last month, he was at 50 percent. signifying, i guess, that people like the president more now than they did in the aftermath of all that health care stuff. does it suggest to you, doug, that the president come november is not going to be as much of a factor in this election as republicans might have hoped? >> with his approval hovering around 50, jon, he still i think is problematic. he's more popular than congress. that's for sure. but it's been about three or four elections that he's tried to exert his influence since november of '09 with noticeable lack of success. so i don't think the president is going to help the democrats much, but it's an open question whether he'll hurt them. that remains to be seen. jon: there is another fox news opinion dynamic poll that said basically who would you vote for now, a democrat or republican candidate. the democrats now kate are coming out 38 percent -- sorry, 40 percent for the democratic candidate, 42 percent for the republican. but the democratic number is rising. again, the same question: does it suggest that all of the brouhaha over the health care bill might be blowing away? >> no, i don't think it suggests that at all. i think what you're looking at is a compilation of individual members. republicans do not take this for granted, they are not going to simply win because barack obama's policies on health care in particular and government solutions as opposed to individual solutions aren't popular. yes they are enormously unpopular, but conservatives are going to have to advocate founding principles, a return to what the government's true purpose is going to -- is supposed to be. they're not just going to win because of antiincumbent sent men or antibarack obama sentiment. they have to be able to clearly articulate how the conservative view is a return to individual rights, lower taxes, i'm not bankrupting our children's future. if they will adhere to that message you are going to see a tsunami occur in november. if they don't, they can't take anything for granted. jon: kate, doug, thank you both. >> thank you jon. jane an american-born radical cleric with a cia target on his back, anwar al-awlaki is called really the al-qaeda pied piper, said -- pd -- pied piper. janet napolitano will comment on the strug of -- on this tug-of-war that will be starting if this guy is caught. jane: we want to get to breaking news out of cairo, egypt, authorities there have detained passenger who arrived on a plane from jfk in new york and they say they found not just a weapon in his luggage but many. tim gaughan is at the national desk. what are you learning. >> reporter: this story continues to develop. the guy himself name is mohammed. eburmae, of egyptian or begin, he arrived at jfk, officials checked his lousage, they say he looked nervous, what they found, two hand guns, 250 rounds of ammunition hidden in middle boxes. he had five daggers, six knives. they confirmed two undeclared firearms were found in the luggage but there is no security check at jfk. packing hand guns in checked luggage is legal in the united states. we're making calls in new york. i'm going to continue to develop this and as we get news we'll break that. that's the latest on that one from the desk. jane: tim thanks. i think jon has more. jon: let's bring in tom blank, former tsa deputy director. how does a guy put a couple of hand guns in his luggage, along with several knives, 250 rounds of ammunition. i thought all that stuff got x-rayed before it goes into the billiony of the plane? >> well, jon, it does. but let's begin by saying that this was not a major security threat of the catastrophic nature based upon the fact that the aircraft itself was never in any major danger. that's because these weapons were not accessible to the passenger during the time that he was flying because they were in his luggage in the baggage holds. you know, security is really a shared responsibility, and it really begins with the individual traveler. in this case, every individual traveler that's going to travel with firearms or other weapons, they're permitted to do that, but they must make a declaration to the airline and the airline is responsible for educating its passengers on the need to do that. in tsa's case, what they're looking for is explosives. that's the catastrophic threat. and in this particular case, the gentleman, the passenger, did not make his declaration, the airline didn't enforce it or didn't know about it, tsa screened for explosives, that appears to have been a good thing, but whether the gentleman had ill intent upon his arrival in egypt or whether he just made a dismake is what the egyptian officials are evaluating. jon: and obviously a very different thing, if this had been carry-on baggage. >> yes. now, if this had been carry-on baggage, guns, knives, of a particular shape, are prohibited items. so you know, you don't want guns, obviously, in the cockpit -- excuse me, in the cabin of a flying aircraft. they are prohibited there. jon: and we presume tsa would have caught it had it been carry-on. tom blancoo. >> they have a very good track record. >> thank you. jane: we're going to look at the radical islamic cleric linked to the fort hood shootings, christmas day bombing, anwar al-awlaki. we want to get our hands on him in this country but one country says if they find? turning him over. jane: he's considered really today one of the top if not the top terror target, ann wa al alack eergs known as a propaganda master for al-qaeda, said to be hiding in yemen, born and educated in the united states. if he's found the u.s. intelligence community is now authorized to kill him. he is said to have been an e-mail contact with the accused fort hood shooter nidal hasan, it's believe he recruited umar farouk abdulmutallab, and the times square bombing plot suspect, faisal shahzhad, reportedly has told investigators he was inspired by this imam's writings. awlaki holds u.s. and yemeni citizenship and now yemen's more than fr says if they catch him he'll be tried in yemeni court, he wouldn't be extradited to the united states whavment does that mean? andrew napolitano is here. judge, we don't have an extradition treaty with him anyway. how does this affect any case we would have? >> it's unlikely that he'll be in a u.s. courtroom soon. there are instances, jane, in which the federal government has sent agents to foreign countries that refuse to extradite people that we want to put on trial to kidnap them. that is unlawfully, unconstitutional and dangerous. however, once they're here and in an american federal courtroom, judges are not concerned with how they got here, and he would then be treated as an ordinary defendant. remember, he's an american citizen. they're probably going to charge him with treason. the constitution guarantees you a jury trial in the case of treason, but he can't have the jury trial in yemen, he can only have it here. jane: and he's not charged at this point, right? >> correct. he's not charged at this point, which would make any abduction clearly unlawful and clearly violative of international law. that's what this stuff will authorized to kill him, the president can't authorize anybody to kill anybody else. this guy is an american and the constitution guarantees him a trial. jane: what about the capture and kill? t it's said to be authorized by the national security council. >> it's hard to believe there's not an uproar over the federal government authorizing our agents to kill an american no matter what the allegation is against him, particularly in a case where the very crime is set forth in the constitution and indicates the necessity of a jury trial. so either that information is wrong or the folks at washington are not reading the constitution. jane: how -- >> probably the latter! >> jane: how do we get him, then? >> we have to negotiate with the government of yemen to bring him here. and i would suggest that secretary clinton knows how to do that. jane: judge napolitano, interesting stuff, we'll continue to watch it, thanks judge. >> you're welcome, jane. jon: for months they've been working to raise money for an out of state basketball tournament. now their hoop dreams are dashed, and some say it's all because of politics. all because of politics. we'll explain.d women is women never stop moving. women get things done. and we want to look good doing it all. so don't settle for a man's brace or support. use wellgate ankle, knee and wrist supports designed just for women. wellgate. made to fit the power of women. wellgate. jon: west texas police say a high school hoop star is not who he says he is. he's not a young teen striving for an education, but rather a 22-year-old naturalized citizen from haiti. police saying everyone in odessa new him as jerry joseph. they thought he was a 16-year-old. he led the high school to the state playoffs this year. if that name sounds familiar, remember the movie friday night lights and the tv series that followed, that's the school that inspired it. this imposter was busted when people recognized him at an amateur tourney next month.
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