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and good morning to you, governor mitt romney seals the deal and president obama picks up a key endorsement. i'm jon scott. jenna: i'm jenna lee. with his victory in the section as prime aver primary governor romney gets what he needs to clinch the nomination. reportedly they are ready to shell out a billion dollars. planned parenthood is showing its support behind the president. carl cameron is live in washington with all of that. carl, the abortion debate does surface in presidential elections. tell us a little bit about what is going on today. >> reporter: the timing is exactly right, you nailed it. yesterday mitt romney clinches the republican nomination and today the abortion debate looms when planned parenthood will give its endorsement to the president. president obama is proceed choice, mitt romney is pro-life. romney trails the president in polls among women and the so-called gender gap is a very big deal. the president's campaign will hit romney over abortion again and again, planned parenthood is on the air with this attack spot listen. >> when mitt romney says. >> planned parenthood we'll get rid of that. >> romney says he's deny women the birth control and cancer screenings they respond on. when romney says. >> do i believe the supreme court should overturn rowe v wade. >> yes. >> reporter: they are both expected to be very close. it's a $1.4 million ad bite. that sound like a lot. but when you put it in the context of the analysts projections that the spending on tv ads could easily exceed 2, perhaps 3 and be as much as $4 billion before its done, this will be the beginning of a lot of tv commercials. jenna: are we just getting out of a recession? where is all that money coming from? that is a completely different topic and segment. let's talk about vegas. mitt romney had his big fund-raiser with donald trump, a lot of buzz about that. what is the wrap-up today. >> reporter: the answer to where all the money is coming from it's coming from big donors. donors on both sides from all over the camera. trump held a fund-raiser, journalists were able to stand and listen to everything that trump said twaels wha as well as what romney said. gingrich said it is not a distraction for the g.o.p. which he says believes, quote this is an american-born job killing president. other people may believe that he was born somewhere else and still killed jobs but that is an argument over background. romney long ago went on the record saying he accepts the president was born in this country, hawaii specifically. he also said he disagreed with trump before his fund-raiser last night. jenna: he's so subtle, trump. talk to you soon. jon: let's talk more about this with charlie hurt, columnist for the washington times. it is mitt romney officially the g.o.p. nominee. was all the talk about him failing to su unite conservatives, was that over blown. >> reporter: i think that is a good point. when you go back 3 or 4 months and they were duking it out and mitt romney was making his slow journey to getting the nomination there was endless talk about how we were going to have a brokered convention. remember all the talk about the brokered convention? we were going to go into tampa and still not know who the nominee was. cooler heads prevailed, he managed to put it away. and i think that, you know, obviously there are holdouts and people who do not like mitt romney, conservatives who do not like mitt romney, who are not totally comfortable with him. i think the republican party is remarkably unified, if for no other reason they are very unified against president obama, they are very dissatisfied with the kpherbgs and i think that, quite frankly, obamacare is probably the sterling light that they are all looking at and, you know, in case the supreme court doesn't overturn key parts of it this summer, i think that is a real driver and that is going to get republicans to kind of keep their mouths closed about any sort of reservations they might have about mitt romney. jon: it's interesting, most americans say that they think the country is on the wrong track. we've obviously got a terrible unemployment problem that persists, and yet the president remains personally likable. most people seem to like the guy. they've had three and a half years of him in office. is this a dangerous period for mitt romney because, frankly, most voters don't know that much about him yet? >> i think that it's dangerous in that it would be a mistake for mitt romney to go as personally negative as obama and his allies have gone against mitt romney. obviously obama and his allies, they have a tough record to sell, and they want to define mitt romney as soon as they can, and so they are going very harshly negative. carl cameron's bit just now on the planned parenthood is a perfect example of that. i think if mitt romney were to do that to president obama he probably would be in a lot of trouble, because as you say, president obama remains personally popular to a large segment especially of independent voters, though they are dissatisfied with his performance and very dissatisfied with the economy. as long as mitt romney -- he has to define himself and tell people who he is, but then as the campaign goes on just keep coming back to the economy, saying he's a nice guy, come back to the economy, you know, say he's born in america, come back to the economy, as long as he does that i think mitt romney is in a very strong position. jon: that's how this campaign seems to be shaping up. charlie hurt from the washington times. charlie, thank you. jenna: let's bring you to north carolina now. jurors in the john edwards corruption trial now deliberating for an 8th day as the guessing game goes into high gear about what is exactly happening here? the judge met with lawyers behind closed doors to talk about a problem with juror. jonathan serrie has the latest from the courthouse in greensboro. do we know anything at all about this closed door meeting and said juror? >> reporter: hi, jenna. a lot of speculation surrounding this closed door meeting. while we don't know details of the meeting, it was followed by a stern admonishment from the judge, catherine eagles, telling jurors in the case, quote, all your deliberations are to take place in the jury room and only when all 12 of you are remember. it is the result of your common judgment and wisdom you act together. some legal experts suggest that jurors are split on whether john edwards is guilty of campaign violations and some jurors may have discussed the case in small groups outside the jury room. other experts believe the judge is being proactive and wants to keep the jury on track, listen. >> the judge is very aware, that this trial which has taken a longtime is an important one and does not want to lose this jury. it wants to keep the jury focused in coming to a resolution. >> reporter: either way a very serious reminder from the judge to jurors in this very high profile case, jenna. jenna: jonathan last week we talked to you you said you were extending your hotel reservations through this week, because that's the buzz that it's going to go another week. have you already extended your reservation? how long does it seem we are going to wait for this verdict. >> we have proactively booked hotels for next week. that came after yesterday's note from the jurors to the judge indicating that there was some potential scheduling conflicts late this week and next week. in fact the judge has extended their deliberation schedule by half an hour today and tomorrow, so that she can dismiss them, allow them to recess early on friday so they can attend high school graduations, and other family commitments. and the fact that the jurors are already indicating they have potential scheduling conflicts next week means that they may not be close to reaching a verdict in this case, jenna. jenna: we know a conclusion will come eventually, just how long we have to wait is the big question. >> reporter: eventually. jenna: if we get breaking news back to you in greensboro, thank you very much. jon: fox news alert about a record setter and not a good one. a fire now burning in new mexico's gila national forest is now the largest in that state's history. it was just last year that that record was broken again. so, two years of back-to-back huge forest fires. this one has now scorched more than 170,000 acres, about 1200 firefighters are trying to get a handle on it, but the wind are very erratic, the humidity is low and this thing shows no signs of shopping right now. about a dozen homes have been destroyed in the gila national forest. you can see they've got helicopters and aerial tankers on the scene but it's just so dry, so hot and so windy they are not having a lot of luck getting this thing under control. we will keep you updated on fox. in the meantime lawmakers are taking up a controversial bill on capitol hill, but is it more about gender politics. jenna: a big question there. also ten terror suspects killed in yemen. coming up a reporter goes inside al-qaida in that country. how the terrorist -rs trying to control yemen and the u.s. efforts to take them out. jon: one waiter gets a $5,000 tip. we'll tell you why he's one lucky guy. jenna: want to bring you a quick update on what is happening with the market today. the dow trading lower by about 130 points. one of the other items we are paying close attention to is what is happening with oil prices which are now at the lowest level we've seen since october of last year. trading below $90 a barrel. this is significant. you look at the marks to see how they affect gas prices eventually. right now the national average for a gallon of gas is right around 3.61, about 20-cents lower than a month ago. it takes a couple of weeks to get the lower oil prices if they stay to your gas pump. you know it always is easier for gas prices to go up and down. we are paying close attention to the markets again, the dow trading lower today, and we'll bring you more as we get it. jon: right now the house of representatives is taking up a controversial bill that would bana boringse ban ban abortions performed on the s-fbgs th sex of an unborn child. under this bill if a doctor performs an abortion solely on gender selection, what kind ever penalties does the doctor face. >> reporter: if that happens the doctor performs the abortion simply because the mother says i don't want this boy or girl that i'm carrying because of their gender that doctor could face heavy fines and even jail time. but the penalties would not apply to the mother. arizona republican trent franks authored this bill because he believes society is like china where there is an unofficial one-child policy and children are aborted at much higher levels. for those who don't believe it's an issue supporters of the bill are pointing to a new hidden camera video taken in texas in april. in that video the woman close to planned parenthood representing that she needs advice about abortion but says she only wants to end her pregnancy if she is carrying a girlment she is given advice for going through the process and sent off with the words, quote, i hope you get your boy, jon. jon: wow. so pro-choice advocates, what are they saying about all of this? >> reporter: they understand the overall issue and say if that was truly the issue of course there would be concern, but they say that this franks bill is a thinly veiled attempt to do two things, limit access to abortion, and to defund planned parenthood. the bill by the way does contain a provision that would block federal funding for clinics that don't comply with the law and would require medical professionals to report if they suspect that gender selection abortions are being done at their particular clinic or facility. pro-choice says this bill is about attempting to intimidate doctors and stifling conversations between physicians and patients. we expect a debate on this bill to start some time this afternoon with a vote likely tomorrow. the bill is being introduced under a rule suspension in the house, meaning it will have to get a two third vote from all the members who are present at the time in order to pass. jon. jon: it will be interesting to see how it turns out. shannon bream, thank you. jenna: big news out of texas last night. the tea party stirring up the political scene a little bit there. how a senate candidate backed by sarah palin amongst others forced the republican primary raisin to a runoff. more on that. plus it's like something out of a science fiction movie. doctors using snake-like robots to make surgery faster and safer. the unbelievable details on this major medical breakthrough just ahead. we charge everything else... maybe it's time to recharge the human battery. only the beautyrest recharge sleep system combines the comfort of aircool memory foam layered on top of beautyrest pocketed coils to promote proper sleeping posture all night long. the revolutionary recharge sleep system from beautyrest... it's you, fully charged. i'd like to thank eating right, whole grain, multigrain cheerios! mom, are those my jeans? [ female announcer ] people who choose more whole grain tend to weigh less than those who don't. multigrain cheerios and he didn't stop for three days and nights as he escaped life as a child soldier. twenty years later, he was still running, he just had a different thing driving him. every step of the way. ♪ visa. supporting athletes and the olympic games for 25 years. join our global cheer. jenna: very interesting results in the texas primary, challenge being the lone star state's political establishment. lieutenant governor david dewhurst was forced into a face off election with cruz. dewhurst failed to win 50% of the vote. they will meet up in july. on the democratic side eight term congressman sylvester reyes losing to an el paso man after receiving an endorsement from president obama. mike, let's start first with the republican side. what about that battle and what are some of the dynamics at play. >> reporter: even though it's heading for a runoff it's being called the third tea party victory in three weeks because now it's down to a two man race, a turn out in an end of july vote can be extremely unpredictable. ted cruz worked the grassroots to pin pick up support from the tea party and support from rick santorum and sarah palin. dewhurst is playing on state pride saying outside groups should not mess with texas, and that text ands want to elect their own senator. de week hurst led a crowded nine-person g.o.p. field and has the support of key texas leaders such as governor rick perry. but turn out in the runoff will be critical and both candidates are talking to reporters this hour as they try to move forward, jenna. jenna: mike, that is the republican side. let's talk a little bit about the house race and the democrat side as well. you had a congressman who served eight terms who lost, so how did the challenger there win that primary? >> reporter: jenna it was framed as experience versus new blood. o apz rourke had help from the superpac against eight term congressman sylvester reyes. reyes sold his experience and washington connections and suggested his challengerrer was naive about congress. in this year washington experience in many places may prove to be a negative and national party leaders are calling it a strong democratic district where president obama received more than 65% of the vote. jenna: very interesting times and it all just begins. thank you very much. mike emanuel in d.c. jon: robots that can go just about anywhere, even inside your body. doctors are starting to use snake-like robots to make surgery faster and easier. the robots are equipped with a camera, forceps and scissors. they let doctors perform surgery that is much less invasive than what humans can do. joining us now to talk about it a doctor from louisiana state university at shreveport. is the future finally here? are you going to be replaced by a robot, doctor? >> well not quite yet. these robots are still tethered to humans and humans are working them, and they've had robots for a little while, the late 90s. but you're absolutely right, jon, they can get into small areas that are very hard to access. you know, often time when you're doing really intricate teeny work you have little hand tremors, and it doesn't, it stead ies it. it can be much more precise. they are useful. especially pelvis, prostate surgery, surgery deep in the heart. jon: instead of the surgeon having to open up the entire chest cavity, you might be able to make a smaller incision, insert the robot and let the robot do the work. >> absolutely. you don't have to crack the chest as they call it which is one of the most painful parts of open heart surgery. you can go in between the ribs just cutting the muscle and have the robot do it. you're manipulating it so it's not like the robot is doing it. jon: do you have to spend more time in medical school mastering how to use these things? >> you do have to have extra training. a lot of programs at big medical centers where they have medical schools have a lot of these robots, so they are training the surgery residents to use these different types of robots, so they are getting the training. if not you have to do more training, you have to do a lot of cases because you have to get used to it. some of the downside is expensive. as we start to look at cost effectiveness these days, with healthcare laws and such, that is one of the down sides. and it still can't multitask, we still multitas stphaobg as long as my robot has a good bedside manner i'm happy. doctor, thank you. jenna: one waiter in houston getting the shock of his life over the weekend, and a good kind of shock. his name is greg rubar and he happened to mention to some long-time customers that his car was ruined by recent flooding. they were just sort of having a conversation. the couple let him a $5,000 tip after their $27 meal. how do you like that as a point of percentage for a trip, right? rubar says he's humbled by this unbelievable gift. >> it's enough money to go by you a nice car, and i didn't even look eight. i was hesitant about it but he said, no, you take it and by you a car. people can be generous, you know, and they told me they felt like i deserved it. jenna: pretty nice. the two generous customers are asking to remain anonymous but maybe their story inspires some random act of kindness around the world. jon: let's hope he doesn't work in one of those restaurants where everybody shares in the tips because that would have diluted the effectiveness. jenna: that would dilute it a bit, good point. jon: the battle of the attack ads, is president obama's re-election team walking a fine line par getting governor romney's work at bain capital while defending its support of solyndra, a company that went bankrupt. a fair & balanced look ahead with juan williams and mary katherine ham, that's next. >> announcer: meet mary. she loves to shop online with her debit card, and so does bill, an identity thief who stole mary's identity, took over her bank accounts and stole her hard-earned money. now meet jack. enough to enjoy retirement.saved angie, the waitress at jack's favorite diner, is also enjoying his retirement. with just a little information, she's opened up a credit line, draining the equity in jack's home. unfortunately, millions of all it may take is a little misplaced information to wreak havoc on your life. this is identity theft, and no one helps stop it better than lifelock. see, ordinary credit monitoring services tell you after your identity has been stolen. they may take up to 60 days to alert you-- too late for jack. lifelock has the most comprehensive identity theft protection available. if mary had lifelock's bank account alerts, she may have been notified in time to help stop it. if jack had lifelock's 24/7 proactive protection, he could have been alerted by phone or e-mail as soon as they noticed an attack on their network, before it was too late. lifelock has the most comprehensive identity theft protection available, guarding your social security number, your money, your credit, even the equity in your home. while identity theft can't be completely stopped, no one works harder to protect you than lifelock. you even g a $1 million service guarantee. that's security no one can beat. you have so much to protect and nothing to lose when you call lifelock right now and get 60 days of identity theft protection risk free-- that's right, 60 days risk free-- use promo code "not me". order now and get this document shredder to keep sensitive documents out of the wrong hands-- a $29 value, free. [click-click] [♪...] jon: house minority leader nancy pelosi and other top democrats getting set to push the paycheck fairness act today. chief national correspondent jim angle it live in washington with more on that. what is the paycheck fairness act jim? >> reporter: jon, it would allow women to force employers to disclose what other workers are making then sue if they aren't making the same pay for the same work. oddly enough president obama said he solved the question of equal pay when he signed an earlier bill in 2009. >> the first bill i signed into law was making sure that there was equal pay for equal work for women. >> reporter: now, if it was solved then, why the need for another bill? democrats say more needs to be done. republicans say it's a political ploy to try to attract women vote remembers shiny new legislation and some researchers say it would impose such a legal burden on employers to respond to even mistaken claims that it might actually hurt women. listen: >> one employee may be getting some type of bonus for work that was done, one employee may work longer hours. it's going to be very difficult for employers to have to tease out and prove that it's not a gender discrimination case. and if it's that difficult and they feel like they're going to spend a lot of time and money doing that then they may decide not to hire woman. >> reporter: just the opposite of what the legislation intends, jon. jon: so what is the evidence on the equal pay issue? >> reporter: you know, this is really interesting, because many democrats point to research from the bureau of labor statistics that says women as a group make 77 tpoz every $1 that men as a group make. but that doesn't measure equal pay for equal work. it lumps in dangerous high paying work with lower paying office jobs, and it does not explain that many women work fewer hours, take different kinds of jobs, or decline to travel, for instance, in order to bear and care for their children. listen: >> you can't legislate equal pay. what you can do is encourage -- is teach both sexes the issue is not about discrimination, that the issue is about the choices that fathers and mothers make when children come. >> reporter: now jon, some research even shows that women college graduates who have not had children actually make more than their male counterparts, so maybe men could also sue under the proposed legislation. jon. jon: maybe i will! jim angle, thank you. jon: we are your election headquarters and the general election is in full swaeupbg now. the battle over attack ads, as president obama's reelection team seems to try to walk a very fine line. they're going after governor romney's time at bain capital which took charge of companies, shall of which failed. at the same time, the obama team is defending the administration's stimulus grants to companies like solyndra, a company that also went bankrupt with taxpayer money. white house press secretary jar carney, trying to draw a distinction between the two. take a listen: >> how is that different from the romney argument about bain capital which is that many succeeded and a few failed? >> look, there is the difference in that your overall view of what your responsibilities are as president and what your view of the economic future is, and the president believes as he's made clear that a president's responsibility is not just to those who win, but those who if, if an for example -- if an example, in a company where there have been layoffs or gone bankrupt, that we have to make sure that those folkies have -- folks have the means to find other employment, that they have the ability to train for other kinds of work, and that's part of the overall responsibility the president has. jon: now we're learning that president obama's team will be mounting a new assault targeting governor romney's record in massachusetts. but a campaign official tells fox this does not mean it will abandon its attacks on bain capital and his time there. joining us now, juan williams, fox news political analyst, also mary catherine ham with the daily caller and fox news contributor. juan, can we just back up? can you explain what jay carney just said there at the podium? >> i think i'll go with you, i think i might sue, too! i think he was kind of lost there. i think he got knocked back on his heels a little bit. but i think the right answer would be that the clear strategy pursued by the president was not about profit as opposed to what was going on with bain. i mean, if you look at the alternative energy industry, we are as a nation competing with other countries that subsidize alternative energy because they all see it as the future moving away from oil dependency, jon, and whereas in the bain situation, yes, there are companies that succeeded and failed, but even with a company that failed in the bain case, i think the obama team is able to make the case that the bain principles take profit out of that and walk away with money in their pockets while people lose jobs. carney didn't nail that. jon onas a u.s. taxpayer, mare credit catherine ham, i'd like my money back from solyndra. >> here's the big difference. i know jay carney can't explain it but the big difference is brak obama is a bad investor using your money as taxpayer and mitt romney is a good investor, really good, by using private money which he is welcomed to use to create profit for shareholders, which is part of his obligation as a person in a firm like that and it's ridiculous, the white house walking what is an illogical line when they have private equity guys going to these fund-raisers but argue that private equity is somehow bad. they've backed themselves into an argument by mounting this argument in an incompetent way and that's not romney's fault. if they can't make these distinctions it's not going to be clear to the american people what their argument is. jon: juan, when you look around the country now, apple wasn't started with government money, microsoft wasn't started with government money, google, facebook, they were all, you know, privately run companies, and now they're among the largest on the planet. what business does the government have, picking winners and losers like solyndra? >> i think that -- as i said to you earlier jon, i think it's a case where alternative energy is an emerging field and the question is, is the united states going to get left behind, are we going to lose out in terms of jobs in that emerging field, so you have brazil, china, india, all these other places, in fact, now, even situations here in the united states, where we are as a government suing some of the other countries for unfair trade practices for putting so much money into those alternative energy startups. you know, with the case of a google or facebook, you're right, that's american ingenuity on display but we're in a competitive environment when it comes to alternative energy. again, i think mary catherine hit it on the head. the obama field didn't explain thiso explain this but it's true. jon: mare credit cath -- mary catherine, is it workable for the obama administration to say yes, we tried to save solyndra but mitt romney did a bad thing by closing companies or making some successful? i don't know. does the taxpayer -- >> no, it's very tricky. i think they're going to keep going back to this well but the kickoff of this campaign was badly done and the message is pretty muddled. he's pouring billions of dollars into these industries, i guess allegedly argue it's not-for-profit. it's certainly not-for-profit for taxpayers because we're out of luck but allegedly for some sort of job creation. he spoke to people in nevada that employed fiveo that employed five full-time people. i think the romney administration can take the -- make the pitch that if you're a taxpayer, you'd like more of a return on your investment than obama is giving you. jon: are we looking at a campaign, juan, where the obama campaign just basically wants to demonize rich people or successful people? >> i hope not. i don't think that's a winning hand with democrats or certainly not with independents, because everybody sees, and i think that's why you saw the kick back from democrats last week on the bain capital thing, that you can go too far with this, that clearly, venture capital has a right to -- >> jon: was corey booker right? >> i think he was. he was speaking from the heart. he's not right in terms of saying it's not a valid point of comparison. this campaign is going to be about the economy, about president obama's stewardship and how people view it and it's going to be about whether or not mitt romney's claim that he could somehow spur this economy to tremendous growth is true, and so people are going to look at his record, already as you mentioned jon in the open, the obama campaign is going to come out and say here's his record in massachusetts, he was 47th out of 50th in terms of job creation, they're going to say this guy is not the wizard of the economy that he claims to be. so i don't think booker was right in saying you can't talk about it. jon: mary catherine, how does mitt romney explain some of those numbers? >> i think juan is right, that the bain capital issue is a legitimate one, it's part of his career and something that i think he can argue, look, i give investors a return on their investment, the president has not, he's had four years to prove he's a job creator and eain't seen a lot of results! so i think that's a pretty decent comparison for him. jon: mary catherine, juan, thank you both. >> jenna: we want to take you to the president resigning the authorization -- signing the resorgs of the export-import, one of the government's vehicles for promoting u.s. export sales and that's something the administration has talked about making a priority as we come out of this recession and try to gain some speed in the recovery. we're going to monitor the president, if he says anything more about the job market, about the economy. you can also see his entire statement live on foxnews.com. jon: al-qaeda is looking for turn yemen into its new terror stronghold, the kind of thing that it once had in afghanistan. what the u.s. is doing to stop them. we'll go inside that impoverished country, torn apart by war, with a reporter who got unprecedented access to al-qaeda. plus, he may have confessed to killing six-year-old etan patz but brand new details are emerging that could complicate the case against him. our legal panel takes it up. jon: new next hour, some developments in the sexual assault case against the founder of wickileaks, a judge makes a key rule thank could affect the fate and utof julianne assange. also a mysterious cold case, suddenly heats up. a newlywed who vanished on his honeymoon cruise nearly # years ago. the new evidence that could give police a break in the case. the fbi is now involved. and a severely wounded veteran of afghanistan is making an amazing comeback. we will talk with this real american hero, coming up. jenna: taking out terrorist necessary yemen, a big topic these days, the defense minister saying there that air and artillery strikes killed ten al-qaeda-linked militants in two towns, as the terror network sets up shop across the country there. that's new this morning. the u.s. taking action by launching drone strikes is something that we talk a lot about. we know about the high profile strike that taobgd out anwar al-awlaki last year, the american-born muslim cleric who was linked to the fort hood shooter and underwear bomber. now, something that caught our attention, pbs front line, a documentary, gives us an inside look, a report of that very unprecedented access into what's going on inside yemen. >> this is where the son of the american preacher anwar al-awlaki was killed. >> the 16-year-old son was al-qaeda leader was a u.s. citizen. >> his son and aides of his friends were sitting at this place having tkeurpb and were targeted by one rocket here, another rocket there if you see this big circle. and another rocket beyond this area. they say it's an american targeted killing of an american citizen. jenna: where he was by the way was a very isolated area in yemen where apparently al-qaeda has taken over the entire city. frederick leary is a senior associate in the middle east program at the carnegie endowment for international peace and joins us to talk about this situation in yemen in general. so fred, let's start to -- kind of, again, generally speaking, we'll get more specific, are we on the right track when it comes to yemen, should we be more aggressive, less aggressive, should we have a different strategy? what's your thought overall? >> well, the administration is really pursuing a two-track approach. one the -- on the one hand they are conducting surgical, deliberate strikes against al-qaeda leaders to disrupt plots again the homeland. at the same time, they're trying to build up the capacity of the yemeni government to both develop the country and go after al-qaeda. jenna: and you think it's working? >> it's certainly the best popgs given the circumstances and the lessons that we learned from iraq and afghanistan. again, al-qaeda is like a tumor, it's feeding off of problems that are deeply engrained in yemen and this is going to be a very long struggle to root it out. jenna: why so long? it's interesting when you look at this documentary -- and this way the -- by the way is not footage of this documentary but footage of yemen in generalo toe talks about al-qaeda gaining strong hold in these cities and how secretive and how they rule by fear but it also shows al-qaeda quite isolated and quite frankly if you match them up with the u.s. military it doesn't seem to be much of a battle, so why not be more aggressive in yemen, why not just go in there and get these guys? >> well, this is a sovereign country, and al-qaeda is exploiting local grievances, they know the local turf, we saw in the film the way they've been able to take over these areas and govern, and this is ultimately a problem that has to be solved by the yemenis themselves. as we learned from iraq and afghanistan, these massive nation building exercises to root out terrorist groups simply doesn't work. jenna: the president is really not talking about nation building. you mentioned it in your first answer, these targeted attacks, and we've heard reports this week of these kill lists that the president apparently is approving or not approving, depending upon these high targets in places like yemen. what do you think about those kill lists? yes this is a sovereign country but we're obviously working with yemen in a variety of different ways. >> the kill lists are really an effort to surgically and very deliberately disrupt plots and plans that are underway to attack u.s. interests. certainly, they're not without side effects, as we see from the film, collateral damage, but given the circumstances, i think the administration is calculating they're the best option. jenna: do you think it's worth that collateral damage as well? >> there's mounting evidence that much of the radicalization of the yemeni population in these provinces is because of the drone strikes. the drone strikes are turning the population against the u.s., so it's not simply a fight against the yemeni government, but more and more, against the united states, and that is certainly attracting many of these fighters from other countries like somalia and afghanistan. yuen jen so many dynamics at play. we've heard about al-qaeda and yemen since the early 1990 if not before that, so big questions about the future. fred, we look forward to having you back, thank you for your expertise. >> thank you. jon: a brutal assault caught on camera, the shocking new video of a police officer, beaten by a robbery suspect while onlookers apparently did nothing to help. plus, folks in kentucky, dealing with very rough weather after a line of thunderstorms triggers flash floods. the latest from the fox extreme weather center, just ahead. whole and stays whole. see the seam? more pcessed flakes look nothing like natural grains. i'm eating what i kn is better nutrition. mmmm. great grains. search great grains and see for yourself. jenna: some big news from overseas, rescuers in italy are desperately searching for survivors buried in a powerful earthquake, yes, another one that hit there, teams digging through damaged buildings, when they hear muscled cries, just searching and searching through the rubble there, the 5.8 magnitude quake hit near the northern city of bologna, killing 17, injuring 350. it was the second deadly quake to hit the region this month. jon: did you hear that whaorbing sound go by your ear? an asteroid just made one of the closest brushing with earth ever! nasa says the thing narrowly missed our planet. we're all still here! rick folbaum has the latest. >> reporter: it came this close, jon, we probably missed it, sleeping in the early hours of tuesday morning instead of staying up to watch history fly by in the sky. don't worry, we don't judge. scientists excited about this, they all the asteroid 2012 kt42 and it came close to colliding with earth. in fact this was the sixth closest asteroid approach on record. so how close? well, only about 8950 miles, which might not sound very close but it is. in space items. nasa says that's about the width of a flea's hair and if you've never seen a flea's hair, trust us, it's small. would you believe this was the second asteroid to fly by this week? on monday, 2012 kp24 passed by. coming within about 32,000 miles of us. now, we should tell you that even if these asteroids had hit us they wouldn't have done much damage, nasa says they probably would have broken up in our atmosphere, leaving a few pellets to land on earth which is not quite the hollywood movie material that folks are looking for but for science geeks this is cool stuff. jon: bigger asteroid, bigger problem. rick, thank you. jenna: we've certainly talked a lot about the economic crisis, greece, and worldwide, a lot going on with that. now an icon is in danger. i don't know jon what? jenna: do you like this? oozo? it's the same as ao it's a greek drink. you're a bid light guy! something like that! but it turns milky white when mentioned with quarter and is as greek as the met on that lis, but it's hitting customers hard and industry insiders say consumption is down one third and that figure is falling. they do figure there may be a way to save the drink and that's exports. if you're looking on a deal for ouzo and not bud lite, this might be for you. does anyone drink ouzo? i'm sure there's some out there. jon: we'll probably hear from them, we'll have a long line coming up! right now, hundreds of millions are pouring into the presidential campaigns. get ready to see lots of it playing out inial kinds of attack ads, especially in you -- if you live in one of those battle ground states. we'll talk about what each side has up their sleeve. also, the manson family, notorious for the brutal tate-la bianca murder in the '60s, could they be responsible for even more killings? do you see it ? there it is ! there it is ! where ? where ? it's getti away ! where is it ? it's gone. we'll find it. any day can be an adventure. that's whye got a subaru. love wherer the road takes you. wow, there it is support team usa and show our olympic spirit right in our own backyard. so we combined our citi thankyou points to make it happen. tom chipped in 10,000 points. karen kicked in 20,000. and by pooling more thankyou points from folks all over town, we were able to watch team usa... 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[ male announcer ] now citi thankyou visa card holders can combine the thankyou points they've earned and get even greater rewards. ♪ reporter rick folbaum in the "happening now" control room, some stories we're working on you in the next 60 minutes, the manson family murders in the late '60s, they made headlines around the world with you could charles manson and his followers get charged with even more crimes? the audiotapes that could hold the key. also, brand new polls that we have for you. president obama and governor romney, the question, are they the best candidates come this november? you might be surprised at what people are saying and answering that question. arm staff sergeant travis mills, critically wounded last month in iraq. we've been following his courageous story and he will join us live coming up. we'll have all of that and breaking news, as the second hour of "happening now" starts right now. jenna: so looking forward to talking to travis mills. that's going to come up in a little bit. we're excited to have that. really exciting to talk to him. that's going to complain ul later this hour. we're going to start first with politics, though. powerful interest group, officially endorsing one presidential candidate and spending a record amount so launch attack ads against the other. we're glad you're with us, everybody, i'm jenna lee, welcome to "happening now". jon: i'm jon scott, planned parenthood, backing president obama and no surprise there and bashing governor romney and spending more on a single attack ad then it did during the entire 2008 campaign, and planned parenthood said this is just the beginning. romney's backers will be just as aggressive, republican superpacs and other outside groups reportedly plan to spend a billion dollars, they say, to help win the white house and control of congress. now, president obama's campaign is opening a new front with plans to attack governor romney's record as governor of massachusetts. so what else can web cusack is g editor of the hill. welcome, thank you for being with us today. >> thank you for having me. jon: this attack ad from planned parenthood is kind of interesting. that agency does receive some government money. so is spending money on attack ads to endorse one candidate, is that considered appropriate? >> well, i think republicans are going to raise that. and this is part of the democrats' attack on republicans' so-called war on women, and the romney campaign and republicans are going to have to stretch repeatedly -- stress repeatedly that they're not trying to eliminate these groups, they're just trying to eliminate the federal funding, but democrats, being very aggressive, the money is just going to shatter all kinds of records this election year. it's very predictable. jon: very aggressive but also potentially misleading. i've seen the clip of the attack ad against mitt romney where they show him saying planned parenthood, we're going to eliminate that, but what he was talking about is eliminate federal funding for that. >> that's right. that's right. and obviously, the democrats' message of he's trying to end it is the shorter message, but i think they're going to take this to fat checkers -- fact checkers and say wait a minute, we're not look to go ban contraception, there is no war on women. it's politics, it's rough bows and -- elbows and democrats and republicans are going to be throwing a lot of them over the coming months. jon: last i saw, the lead president obama held on women voters against governor romney was stinking apparently democrats are trying to grow that lead once again. >> this is the key to the election. you talk to the independent political handicappers, obama enjoys a nice lead and he needs to keep that lead, because among men, he's going to lose the male vote, so he's got to keep that cushion and this is what it's all about. you see democrats on capitol hill, bringing up legislation that deals with women portraying the other side as antiwomen and romney trying to basically not -- he doesn't have to win this female vote but has to close the gap in order to become president. jon: and i guess anything, as long as the economy is the way it is, the president is going to be looking for other issues to try to get voters to focus on. >> sure, jon. he's looking to define romney. romney now has clenched the nomination. so they are defining him and romney is defining himself with interviews with fox, trying to say this is what makes him tick, trying to connect with voters, but the economy is something that is going to be obama's aquil he's heel. the polls show that they're not -- voters are not happy with the direction of the economy. they're saying that the country is going in the wrong direction, and romney, republicans have praised romney's campaign, because he is focused on the economy, but democrats are looking at other issues. they're pointing to a donald trump, and other side stories of this campaign. so that's what romney's strategy is, to focus on the economy, and make the case that women care about the economy, of course. jon skwraopbd that may be why we're seeing things like this pay equity bill and so forth introduced. >> pay equity bill is something that senate democrats are going to bring up and they're trying to put republicans on their heels on the defensive, make them vote against it so they can count that on the campaign trail. jon: it's going to be an interesting one to watch. bob cusack, thank you. >> thank you. jenna: just in, the president signing a bill moments ago and the administration says this bill will help create jobs in the united states and sell american products around the world. doug mckelway is live a the white house with more on this. >> reporter: good afternoon, jenna. moments ago the president signed a reauthorization of the export-import bill, an institution that provides loans and financing to buyers of american products abroad. this is all part of the president's plan to increase american exports by double by the year 2014, but the x-in bank is coming from what some are saying is corporate welfare, landing -- hanking out loans that are unaccountable to congress. here's the president speaking: >> obviously the world economy is still in a delicate place because of what's going on in europe and the fact that some of the emerging countries have been slowing down. it is absolutely critical for us to make sure that we are full speed ahead. >> reporter: this reauthorization occurs at a time when many economists are looking at perhaps another downturn, perhaps even a double-dip recession. it's one of the reasons that the administration is going to be very closely watching the new unemployment numbers which come out this friday. one key administration adviser telling fox's ed henry this morning, quote, the stakes are raised on each one of the jobs reports coming up between now and november. the jobs numbers have been inconsistent and the administration realizes that each swing helps to set up a narrative for the campaign, a bad number would mean at least three straight months of weak numbers and offers governor romney a great big bull's eye to attack the economic record but on the other hand abc news is reporting this morning the obama campaign is preemptively gearing up a series of attack at governor romney that weighs in on his economic promises when running for governor in 200 and compares them with his record as governor. the obama campaign reportedly has 16 examples of talking points that then gubernatorial candidate romney used in 2012 but is today using in 2012. the bin laden campaign says that massachusetts in reality was 47 out of 50 states when it came to producing jobs under romney's tenure. romney spokesman andrea saul responding to that criticism by saying that mitt romney created more jobs in the state of massachusetts than president obama has in the entire nation. jenna. jenna: while you were speaking we just got word in, in fact, on the president's call to president romney -- to governor romney, the president called governor romney call him to congratulate him on securing the republican nomination, the president saying he looks forward to a healthy debate about the future and wishes them well in the campaign. >> that's the touching of the gloves, let the brawl begin. jenna: nice form, doug! maybe boxer doug is in your past! >> maybe not! jenna: doug, thank you very much. doug mckelway at the white house. jon: new information on a story we first brought you yesterday. a senior military official in iran saying that country's oil industry was briefly affected by a powerful computer virus, one that has unprecedented data snatching capabilities, able to eaves drop on computer users. it's called the flame virus. the iranians now claim they have found and defeated it. they also say the oil industry was the only government component affected. we'll see. jenna: more on that as we get it. right now, new information on a case baffling investigators, and really, the public for years now. how did an american on a honeymoon cruise overseas vanish without a trace nearly seven years ago? well now the fbi reportedly has in its possession video that could lead to the arrest and the disappearance of newlywed george smith. it apparently implicates a group of russian americans who partied with smith and his pwraoeufd, you're seeing both on the screen, as the ship made its way from greece to turkey. the attorney for smith's family spoke to fox news on "america's newsroom". take a listen: >> and in the phone discussion i had with the in house counsel for royal carribean he mentioned this tai and proceeded to tell me exactly what was on it and what he told me was that basically the russian men had filmed themselves sitting around a lunch table the afternoon of the morning that george had died, basically joking and mocking george's death and at 1.1 of them stands up and makes a very self-incriminating statement. jenna: there are still reports from the fbi. that's the attorney's take. rod wheeler, a former d.c. homicide detective and fox news contributor joins us now and your background makes you perfect to talk to about this because seven years later, hearing this, where would you start? >> i can tell you, jenna, i remember this case back in 2005. it was right here on fox that i said there were a lot of suspicious circumstances surrounding the death of george smith. one in particular, that there was blood found on the railing in which george supposedly fell over off that boat. there was some other blood stains and other evidence found in that boat as well. now, the police back then, the local police, they investigated it and somewhat dismissed it but now the fbi has taken over this case and what they're trying to do today is to corroborate that evidence that they found back then, in addition now to this new videotape that was taken off of one of these individuals' cell phones. he had a cell phone running, it was a flip phone and they recorded themselves making incriminating statements pertaining to the death of george smith. so i think at some point jenna we're probably going to see criminal charges come down in this case. jenna: would that video be enough for an arrest? >> that's an excellent question and it's not going to be enough in and of itself for an arrest, however, don't forget, i just mentioned, there is other evidence as well, such as there were other individuals on that boat back in 2005 that had told the media they were never interviewed by the local police. guess what, the fbi has interviewed those people now so they have a number of witness statements that supposedly is going to corroborate the blood stain evidence that they have. in addition to that the videotape statements made by the russian men. jenna: in your experience -- i'm curious of your opinion how time works in your favor or works against you. seven years have passed. that of -- some of that evidence, we have photographs but again, it's been seven years. does seven years or any time help you as a detective, as people reflect, maybe feel guilty, maybe someone saw something, does it make things harder or sometimes help you in an investigation like this? >> you know, it really depends on the case. i can tell you jenna, in my experience, in many years of investigating homicides, there have been cases that have gone ten years at least and then you find that piece of evidence that you need to break that case, so it could be a short amount of time, a long amount of time. in this case, though, the more evidence obviously the better. they had the physical evidence, the blood stains back in 2005, now they have this videotape to corroborate that. in this case, that's a good thing. even though it's taken seven years, i think they're making significant progress, jenna, in this case. jenna: they really focused on the wife a lot at the beginning as well. as you know, rod. we've talked a lot about this. we'll see as we get more updates, just reports at this time, where to go with this case next. we look forward to having you back. thank you for your time. >> thank you jenna. jon: a grim discovery in the search for a missing arizona girl, police find new clues in the isabel cellis case. what they found in her bedroom, straight ahead. >> plus new "rasmussen poll"s. do voters think president obama and governor romney are the best candidates? the answer might surprise you. the results coming up. also rick at the web wall. >> reporter: we'll all been shocked to learn about the arrest and confession of the murderer of etan patz in new york city but now questions about that confession, and we'd like to know what you think, will it hold, will he be -- will he be convicted or get off? we have a legal debate coming up later in the show but during the commercial break, log on, foxnews.com/happening now. we want to know what you think. we'll havermo of 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[ male announcer ] glucerna hunger smart. 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. jenna: right now, some new information on a few crime stories we're keeping an eye on for you on happen "ing now", the rog eclemens perjury trial, the defense opens its case, roger clemens' lawyers are planning on hammering home the message that it was hard work, not hormones, that turned nine rocket into a pitching powerhouse. we'll see how that argument goes over in court. >> in the meantime, tucson police say they found what appears to be blood on the bedroom floor of a ming girl and dark stains on other items during the sen of her home. isabel cellis, reportedly -- was reported missing last month. this has been an ongoing investigation and we've been keeping you updated on the show. >> dharun r amount vi begins his 30-day jail sentence after writing a letter admit thank the spying on his roomate was insensitive and stup, that roomate, tyler clemente, later took his own life. jon: you're inside america's election headquarters now, the inside track to the 2012 campaign. so now that governor mitt romney has enough delegate toss clench the republican nomination, let's see where he stands in a head to head race against president obama. over at real clear politics, today's average of the polling shows president obama slightly ahead of governor romney, 45.9% to 43.6. scott rasmussen is an independent pollster, president of rasmussen reports.com, he joins us now with some new polls of his own. these are hot off the presses, scott. i know that we have said this is a tight race and your daily tracking poll proves it. >> sure does. as of this morning, it's 45 percent for obama, 45 percent for romney. jon, if you look back over the last 16 days, romney has been up by a point or two, seven times, obama has been up by a point or two, seven times, and they've be tied twice. it doesn't get any closer. jon: you asked an interesting question of voters this time around. you asked are barack obama and mitt romney the best two people to be running for president. only 19 percent said yes. clearly, there's dissatisfaction in both parties with this slate of candidates. >> well, there is. it's a little bit like asking is your own representative in congress the best person for the jobful only about one out of four americans say yes. but perhaps a better way tong of it is if we had asked back in january are the new york giants and the new england patriots the best two teams to be in the super bowl, giants fans and patriots fans would have been passionate and said absolutely, but packers fans and ravens -- ravens fans and lots of others would have said no but we have to pick somebody to root for and that's the way most are in america now, they have to make a choice. zon jon you also ask do president obama and mitt romney agree on just about everything, agree on most important issues, disagree on most important issues or disagree on just about everything, 2 percent think they agree on about everything. i'm not sure those 2 percent of the people should be voting. what do you think scott? >> there are always people in elections who say this romney guy is so bad it's just the same as voting for obama or my gosh how can they call obama a liberal, he's just like romney. that comes up in every election. but even though people don't think these are the ideal candidates, eight out of ten are saying there are differences on important issues or perhaps on all issues between the candidates and broadly speaking, the divide is that barack obama tends to put more emphasis on the government's role in the economy, mitt romney puts more emphasis on private sector roles and that's where the election will be decided. we know that at the moment, romney has the edge when it comes to economic issues. president obama is hoping the economy itself will improve before october and turn that around. jon: because right now, 49 percent of those people you surveyed approve of the job president obama is doing, 49 percent disapprove >> every way that we can measure this race, it is very close. 48 percent tell us they tend to agree with mitt romney and -- on most issues, 46 percent say the same thing about president obama. there is not a polling question or an issue or a demographic analysis today that says this race is going to be a blowout. now, it could change, and again, the focus, whether it's the president's job approval or anything es, will come back to that issue of the economy. jon: the thing that interests me, scott, voters have had 3 1/2 years to get to know president obama. if at this point in the campaign mitt romney is roughly tied with the president, it would seem like mitt romney has more room on the upside, or do i have that wrong? does he just have an equidistance that he might fall? >> well, it could go either direction. probably a little more upside potential. he probably has a higher ceiling than barack obama does at this point in time. but we make a mistake if we think it's an equal choice between obama and romney. the first question voters are going to be asking is does barack obama deserve four more years, the election will be primarily a referendum on him, rather than an analysis of mitt romney. jon: scott rasmussen in rasmussen reports, thank you scott. >> thank you jon. jenna: los angeles police trying to solve some cold murder cases, why they're now looking at the notorious charles manson family and these unsolved crimes. we'll tell you more about that. >> also a key ruleing in a sexual assault case against wickileaks founder julianne assange. we'll tell you what it is, just ahead. people have doubts about taking aspirin for pain. but they haven't experienced extra strength bayer advanced aspirin. in fact, in a recent survey, 95% of people who tried it agreed that it relieved their headache fast. visit fastreliefchallenge.com today for a special trial offer. why? 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[ male announcer ] try the new 360 investing dashboard at e-trade. jon: a notorious murder case back in the headlines today. a los angeles judge is now ordering tapes from the charles manson family murder investigation be turned over to police. rick folbaum is live in our new york newsroom with more on why. >> reporter: we're tracking details from down in the newsroom jon because the l.a.p.d. thinks there might be something on those tape that is could help them crack unsolved murder cases from back in the late '60s, eight hours of audio taped conversations between charles manson, disciple charles tex watson and his lawyer. watson has waived his right to attorney-client privilege, clearing the way for the tapes to be released and the judge has ruled the tapes can be turned over to police. watson was part of the so-called manson family, a change of killers led by charles manson who told his followers to kill seven people in the summer of 1969, one of those killed, actress sharon tate, also leno and rose mary la bianc aings the cult members killed the people and used their blood to write messages. the videotapes may show that they were involved in other murders. the current lawyer has two weeks to challenge the decision. watson and charles manson, both serving life sentences in california. manson denied parole again as recently as just this past month, jon. jon: wow, if they could clear up some other cases with some of this information, that would be absolutely astounding. >> they would like to do that very much. jon: rick folbaum, thanks. jenna: new developments in a case against wickileaks founder julianne assange, britain's supreme court rule thank assange can be extradite to sweden to face rape charges. assange has faced widespread criticism, still does, for leaking highly sensitive material online, including the documents and videos involving the u.s. military and state department. so a lot ahead for this man. greg palkot is live in london with more. greg. >> reporter: jenna, that's right. britain's highest court did rule that assange should go back to sweden and face those 2010 sex allegations, but also said that his defense lawyers could have another two weeks to challenge that ruling and that is a move that one legal expert in london told me was highly unusual. the latest wrinkle is based on a technicality. the extradition order issued -- was issued by a swedish prosecutor, the defense argued it should have come from a judge. the supreme court disagreed, but apparently based its ruling on a treaty they hadn't really spelled out in earlier hearings. by the way, assange was not present at today's affair. according to lawyers, he was stuck in london traffic. so the assange team at least will be back in court, in something like two weeks and despite new questions, i am told the supreme court decision will probably stick, and despite another possible appeal to another body, he should probably be heading back to sweden but of course, jenna, all this wrangling has nothing really to do with what has gotten folks in the states upset, assange unhraerbing through his wake i -- wikileaks sites thousands of -- hundreds of thousands of state and pentagon documents. washington has that damaged diplomacy, an dangered staffers and put sources on the ground under threat. the hope among many at least in washington is that perhaps an indictment could be organized against assange and after he is extradited to sweden, then maybe he could be extradited to the united states. of course he's got to get out of london first and a rather comfortable house arrest here. back to you. jenna: interesting. thank you very much, greg palkot in london today. jon: witnesses did nothing as a police officer is beaten with his own baton. today the victim in his viral video is speaking out for the first stkpwhraoeupl plus the man who confessed to killing etan patz back in 1979, now undergoing psychiatric evaluation. how the results could factor into his prosecution. our legal panel breaks it down. mine was earned off vietnam in 1968. over the south pacific in 1943. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote. usaa. we know what it means to serve. 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[ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. jenna: a harrowing life and death situation caught on video it lighting up the internet and also television screens. take a look at this. an officer fighting for his life as a robbery suspect beats him with his own baton. onlookers just, watch. they don't do anything. david lee miller has more from the newsroom. david, what do we know about this video? >> reporter: jenna, this incident happened earlier this month in philadelphia. not only did it go viral on the web. police say it will likely be used in training. the recording shows a young officer responding to a robbery. the suspect high on drugs and attacks the officer and grabs his baton and rethe poo he hadly strikes the officer with his own weapon. shouting for help to onlookers shouting the attacker was getting his weapon. no one apparently intervened. the person who used cell phone to record video never thought to use it to call for help. he fired the weapon, until the suspect continued assault by backup police and both injured officer and attacker are recovering. the suspect faces multiple charges, including attempted murder. police spokesman said this incident is the reminders of dangers police face every day. >> every officer has had an instance where they're mano. y, mano you're one-on-one fighting almost to the death here. >> reporter: this incident is under routine review by district attorney's office and internal affairs. authorities say based on preliminary investigation this was shooting that was justified. the officer used lethal force only as a last resort. jenna. jenna: glad he is okay. >> reporter: he continues to recover. jon: new defails in a case that has stunned new york city, the atan patz case. the man who confessed to the 1979 murder of that 6-year-old boy is undergoing psychiatric evaluation now ordered by the courts. his lawyers says pedro hernandez has a history of siz french yaw and bipolar disorder. how might this figure in the prosecution's case against him. joey jackson former defense attorney and frred tecce, former federal prosecutor. this guy according to police con he ised if. his attorney says he has all the issues, schizophrenia, bipolar disorder. he has been having hallucinations for years. joey, looks like he may be setting us up for an insanity defense? >> that is one aspect of it john. even before trial there will be motions to dismiss the case on facially insufficient grounds. what do i mean? police are relying on a confession. one. hallmarks of a confession that it will be reliable. is it deemed reliable by a person who ha laws nats and is on medication and has history of schizophrenia. you have to evaluate the confession itself. a confession under the law has to be independently corroborated that is fancy way of saying it can't be your confession. there has to be other evidence that points to you as the person that did it. when the case is 33 years old, there is no body, no dna. no is physical evidence mpbs if it goes to trial there will be motions made to dismiss it so it doesn't go to trial based on not being enough evidence to proceed. jon: fred, from everything we heard this guy basically locked up the case against himself. he has give the police everything they wanted to know. >> well, joey is right on the law and right on a lost facts but forgets some of the important ones. first of all what drives me in looking at this case is the father's reaction. anybody saw that coming, you basically ripped open an old wound, jon and poured jet fuel in it. law enforcement knew that going into this. when they arrested this guy they had information to corroborate and confirm his confession. or they wouldn't have done it. anybody with half a brain could have seen that coming. that is the first part. joey is right about the facts and the confession. i believe law enforcement has information to get the case to trial. as far as an insanity defense is concerned, when i played football, believe me i was not good in high school. our coach used to say it rains on both sides of the field. in this case 33 years from the time the crime took place hurts the government and hurts the defense because in an insanity defense hernandez bears the burden of proving of 33 years ago at the time the crime was committed as a result of defect or mental disease he couldn't appreciate the criminality of his acts or couldn't conform his conduct to the law. good luck proving that 33 years later. jon: joe way, i think if i killed a little boy in such a depraved manner 33 years ago i would hear all kinds of voices in my head to this point, hallucinations. how do we know whatever he is hearing or experiencing isn't just a result of a guilty conscience? >> you know what? it's a fair point, jon. that is something that will have to be determined as we move forward. i would hope, fred points it out and fred hopes the police has a proof. i'm a product of manhattan dea's office. they know what they're doing. it is not enough when the people give details it sub stand eights what they're saying. some suggestion his sister went to the police at the time. if that was so credible why not follow-up with the police? if he said something in prayer meeting in 1980s, why not follow up then? if there is other evidence and information to confirm he did it he might have some problems. as it stands now i see it being a very challenging prosecution, jon. jon: just a point, the sister went to the camden police, not the new york city police that were investigating the police. fred, last thought, juries don't generally like insanity defenses, do they? >> they don't like it, jon. in fact it is used in less than 1% of the cases in the country. i don't see them using this defense. joey is right, this is a tough case. when you're a prosecutor you don't walk away from tough cases. you push them forward. we'll see what happens. >> we'll have you both back to talk about it some more. fred, joey, always a good discussion. thank you. >> thank you, jon. jenna: strong thunderstorms rumbling up the eastern seaboard today with heavy rain sparking flash flods in kentucky. now forecasters are predicting beryl could regrain strength and once again become a tropical storm. we'll have the late on that. an important update for you today. staff sergeant travis mills joins us. we have a lot to talk about including this video. last month he suffered devastating injuries in afghanistan. wait until you see what he is up to now. to get people to try on these new depend silhouette briefs, and today we are rocking the red carpet. look it's lisa rinna! lisa hiii,i know you don't need one but will you try on these new depend silhouette briefs for charity and prove just how great the fit is even under a fantastic dress? 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[ major nutrition ] ensure high protein... ensure! nutrition in charge! jon: well, she may be down but she's not out. the remnants of tropical storm beryl expected to dump up to five more inches of rain on parts of the eastern seaboard. janice dean is live in the fox weather center. that's a lot of rain still breast left there, janice. >> it is. tropical season doesn't start until tomorrow, june 1st. we already have had two named storms. there is beryl. i want to point out there are storms starting to fire aacross the plain states across portions of oklahoma, texas and kansas. we'll talk about that real quick. look at beryl as the storm continues to dump quite a bit of rain. a foot of rain. much-needed rain. too much of a good thing that happened very quickly over areas across the southeast. so there is tropical depression beryl. we are expecting it to become extra tropical within the next day or so and head right out to sea. this is kind of the last advisory we're going to see on beryl. but of course we'll keep you posted if anything changes but for now it is just going to cruise on off to sea and be mainly a shipping interest. as i mentioned we have the threat for severe weather today. the national weather service's storm prediction center has deemed this area a moderate risk where we could see large hail, damaging winds and yes some tornados, long-lasting large tornados for this region including oklahoma city this afternoon into the evening. jon we'll keep you posted and bray you latest in watches and warnings. back to you. jon: you're having the same problem as i am. i keep thinking today is thursday and today is wednesday and friday is june 1st. >> it is? jon: that's right. sorry. >> it was memorial day holiday. jon: got everybody goofed up. >> right the fact that i am a mom of two young kids. that too. jon: they take the brain cells away. >> thank you, jon. jon: okay. jenna: right now the latest on a massive wildfire in new mexico and some news during our show, rick, what this fire has really become. >> reporter: this fire, jenna, is now officially a record-breaker. it is the largest in new mexico state history. it is just plain huge. more than 230 square miles of burned land and counting. that comes to about 152,000 acres. so this is now back-to-back massive fires in new mexico two years in a row. the good news here is that weather conditions are allowing fire teams to make some progress. they're fighting it on the ground and also from the air. and if you live in the area of the whitewater baldy complex and you're still seeing smoke, and there is a good chance you are, that smoke is probably from what are called burnouts. these are fires that are intentionally set to try to burn away brush and grass that would be fuel to the fire. that would allow the main fire to continue to spread. so that is what is going on now. the main work is to protect ranches and private property nearby so crews focusing on that. about a dozen homes have burned already. jenna, as we get more information on this now record-breaking fire we'll pass it along. jenna: sounds good, rick, thank you. jon: he was on his third tour in afghanistan when an ied took his arms and legs. today a heart-warming update on a tragic story of courage under fire at e-trade, our free online tools and retirement specialists can help you build a personalized plan and execute it with a wide range of low cost investments. get a great plan and low cost investments at e-trade. that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. jenna: we are so excited about the next story because it is a very important update for you. a few weeks ago we first introduced you to 25-year-old travis mills, a staff sergeant mills was on his third tour in afghanistan back in april when an ied took all four of his limbs. that was on april 10th. we joined the story when mills was on his way back home to the states. he will stay close to his family and friends and passed along periodic updates and throughout the last several weeks there has certainly been a lot of ups and downs but also a lot of progress. you're seeing some of that progress on the screen in fact. travis is out and about with his wife kelsey. he at the gym getting ready for prosthetics and also giving driving lessons. take a look at this. >> morning stroll hear me and my daughter. it was a wonderful walk in the woods, in the park. jenna: you don't see it but chill chloe starts grabbing wheelchair and starts driving herself. travis mills joins us on the phone. i hope you had a seatbelt on her, travis? >> i definitely did. you can see in the video, had it right around her. jenna: we'll show the video. she was laughing her head off. looked like she was having so much fun with you. we are so happy to talk to you, travis. just how are you doing? >> i'm doing really good. i mean i'm moving pretty quick through this place. i can't get, doesn't get any better than being here i guess. the hospital support team, my wife and my dad's here and my mother-in-law is here helping out. so that helps. and i'm, like i said, i'm doing really good. jenna: there has been so many different milestones that you have had over the last several weeks. and i understand there was a really important one today. i think we showed some pictures of that. you were able to stand up a little bit yourself today? >> yeah. my left, my left like, casting fitting, didn't fit properly. he had to go back make a new one. my right one did and i was able to go to 45 degrees and feel like what it is like to have a little bit of weight. i feel i able to start off with little prosthetics. maybe i'm four foot three. i haven't been that tall since third grade. it is exciting. supposed to get my hand friday of next week. i will start opening and closing and grab doors and do really cool stuff with that i'm progresses pretty well. i'm excited about what is happening in the future. jenna: how awesome is your wife by the way? >> oh, i put on my page, my wife is champion. i don't know how she does it. i wouldn't put up with myself but she does. that is real nice of her. if she ever hit me in public. i would tell people, don't worry about it. it is okay. jenna: travis, when i talked to kelsey a couple weeks ago, you were headed back to walter reed. she said two things on the air. one you still had your sense of humor. traveling from germany, just had nurses over there in stitches. she also said it was really important to you that you sent a message to your geese out there. is there anything you would like to say to some of your teammates? >> actually i've been in contact with them. i was actually on skype with a couple of them last night. i miss them and i wish i was there. i wish i didn't have a case of the mondays on april 10th and had a bad day of work. everybody now and then people had bad days of work and my bad day at work had me come back to the states. i miss them. i wish i was there at the same time i'm glad i'm good either way i guess. i don't like to have my arms and legs gone and with all the technology out there and all they're doing for me. will be able to drive and talk. i still have my moneymaker. i didn't get hit in the face. jenna: let's talk about that moneymaker, for a second, travis. i hear one of your goals is to co-host a show. is that true? >> yeah, i don't need to be a co-host. i could be a guest. jenna: i was going to volunteer jon could take a break, anytime you want to come here to fox news and share the set with me. jon: with all good pleasure. jenna: more than welcome, travis. are you game for that? >> definitely. definitely game for that. but, i'll do whatever. you know i always have a good attitude and i will smile but i probably woken say nothing. i will probably be so nervous i will have sweat running down my face. jenna: it happens to the best of us of the just a quick final question. it is such a joy to talk to you and you're so inspiring. where do you think that comes from? your good attitude and you're so positive right now, where is that from? >> you know, i've had it my whole lifetime. i've always been like, i don't change. people meet me and they're like, wow i'm kind of one-of-a-kind. not to brag or be over -- or nothing but what inspires me the most right now is my 8-month-old and my wife. i have to, you know, i didn't, i didn't marry my wife for her to take care of me. i can't sit here and look out the window why it happened for me. everybody has a bad day. bad things happen. life is sometimes tough. my life is not over. it got a little more unique. so i'm just inspired to get better because i have things to do in my life. i want to be a motivational speaker possibly. if i don't stay in the military. if i stay in the military i want to be instructor and help soldiers. i love working with soldiers and i loved my job as it was going over to afghanistan was part of it. i knew it was going to happen. anyway i keep rambling. jenna: we like listening. you really represent everything that is good in this country. that's for sure. travis, anytime you want to come up and take jon's chair i'm volunteering it. he says it is okay. you can come up. we'll check in with you in a couple weeks see how things are going. we want to stay with you in your journey because you're special. thank you to your wife and give a kiss to chloe your little girl. >> sounds great. you have a wonderful day and thanks for listening to me ramble on. thank you very much. jenna: thanks, travis. we'll be right back. [ 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. a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ >> thank you very much to travis mills. jon: what an inspiring story, whoa. >> we can't wait to talk to him by the way. that is the first chapter. there are many chap terse as we point out. i want to point you to a website as well. travismills.org that is great website his family and friends put up. they put updates nearly every day. his personality. his sense of humor. his great family comes through on the website. it is a great resource to kind of stay up-to-date with hill. we certainly have as well because it's just been remarkable. jon: it has only been what, six weeks ruffle? april 10th. >> i would like to talk to him about this last time. there was very important surgery a couple weeks ago. since that surgery was done he is making incredible progress. we wish him well. that was the best. jon: he could have this chair anytime. >> you don't mind, right? jon: point out out it is very good day here on set. my coanchor -- >> is that a full piece or is that it? jon: my piece. hands off. jenna's birthday. wish her a happy birthday. >> thank you, i think travis mills made by birthday. seriously. jon: great guy. thanks for joining us today. >> "america live"

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