found and his own mother telling police she killed. julie ann mccreary will be in court for her first appearance. sad way to start the day. i'm bill hemmer. martha is working for megyn cater -- later today. good morning, al lin -- alisyn. alisyn: it's a heartbreaking story, a texas woman now charged with the second degree murder of her six-year-old son. people in the community are expressing their showing and grief. >> now he can be put to rest. the little boy has a name. >> i can say a prayer and put his name in it now as opposed to not knowing his name. >> i want to know why. >> and here's this perfect, beautiful little boy, camden life cut way too short. for what? i just want to know why. bill: so does everyone else, way too short. laura ingle in our newsroom, good morning. the motive from the mother is what, laura? >> reporter: good morning, bill. julie ann mccreary was spotted wednesday by massachusetts police after a trooper noticed her vehicle matched the description of the one seen near the area where the little boy's body was found over the the weekend in maine. she confessed to a female state trooper she had given her six-year-old son, camden pierce hughes, an overdose of cough medicine. according to parish dollars -- published reports, she asked if she needed help, and mccreary said i killed my son and now waipt to kill my myself -- to kill myself. the detect -- the mother is being arraigned in con card, massachusetts on charges of being a fugitive of justice and faces a second murder charge of her son found on that dirt road. he was clothed and covered with a blankel. -- with a blanket. we'll keep an eye on the arraignment. investigators released a computer drawing of the boy. a family friend of the mother recognized little camden hughes off that picture and called police. you can see the similarities there but said he didn't want to believe this true saying the mother is a good person who he would think could never harm her child, the case quickly moving from maine to massachusetts to new hampshire. it's new hampshire where authorities believe the boy died and charges were ultimately filed. bill: what are we learning about the mother's past that might shed some light on all of this laura? >> reporter: texas public records show that max creary was arrested at least twice that prostitution charges and one for intent to distribute drugs, she was sentenced to a misdemeanor, in 2004, sentenced to probation for possession of a controlled substance. we're now hearing relatives describe her as a troubled woman who had struggled with depression and had once attempted suicide. again, the arraignment this hour. we'll bring you the latest when we have it. bill: thank you, laura, working that story here in the newsroom in new york. alisyn: there's a new incident of a near miss between two planes and an air traffic controller is being blamed, this happened at o'hare airport after joe biden and his wife jill landed, the bidens were in the windy -- windy city for emanuel's swearing in as the new mayor. the flight with # 53 people on board was rolling down the runway for takeoff when the controller instructed a skywest jet carrying 29 people to land anintersecting runway. the planes came within 300 feet of each other, much to the surprise of the express jet pilot who shouted oh blank! what the blank was that! what was that? the controller replies, sorry. the exchange coming from the transcript of the audio. bill: that's a big old sorry, huh? we say that every day, actually! alisyn: not like a jet situation! bill: let's do that. five minutes past the hour. got new polling numbers showing republican candidates getting a boost now that donald trump and mike huckabee are out of the race. the numbers from suffolk university show the former massachusetts governor mitt romney in the lead at 29 percent among that field, followed by sarah palin and the former new york city mayor rudy giuliani who may not run. giuliani has 10 percent on that poll, pawlenty has 8 percent, the poll also suggesting that not one would beat president obama if the election were held today. alisyn. alisyn: maria shriver now hiring a top celebrity divorce lawyer. according to reports, birth records show her younger son with arnold schwarzenegger and her husband's love child with that household staffer were born less than a week apart. so far, no comment from shriver on the divorce filings. coming up, we have new pictures of arnold and the other woman. we now know she is a former housekeeper, patty baena, living about 100 miles away from the home arnold and maria once shared. we're going to talk to tmz, that of course is the celebrity site that broke the news, and we're going to talk to them about the latest and what is shaping up to be hollywood's next messy divorce. bill: also we're hearing neighbors who know the woman are taken aback by the news of the affair and the love child. is there no report by baena. reporters are staking out at her home outside of l.a. probably hundreds outside that home. alisyn: i've seen it, reporters lining the streets. bill: the shades are drawn, no one appears to be home. the crowds got so big neighbors called police but they are expressing shock the a the news. >> oh, definitely, definitely. >> i'm sure if i saw him today, i would -- i would do a double take. i can't confirm that i noticed anything like that before. but there appears to be a good indication. bill: neighbors say they've not seen baena or her son in days. alisyn: we have brand new jobless numbers just out, the labor department reporting 409,000 americans filed for first time unemployment, that number falling sharply for the second straight week. stuart varney of the fox business network joins me to talk about it. are these good numbers or bad numbers stu? >> look, america desperately needs jobs. we need jobs to get the economy expanding and we need jobs to put a floor under this still falling housing market but i have to tell you, alisyn, the layoffs just keep coming, 409,000 in the latest week and that's the sixth week we've seen jobless claims, first time claims, go above 400,000. that's a key number, because it implies the labor market is still extremely weak. in fact, talking to a top banker this morning, he says look, even if you create 300,000 new jobs each and every month, you'll still have a weak labor market by the end of next year. so there's an element of desperation setting in here. if i have to make the judgment, i would say these jobless numbers show the jobs market is just not performing well enough, and it's not -- it's nowhere near where we should be at this point in the recovery, period. alisyn: still, 409,000 is less than analysts were expecting. what does that tell new. >> okay, it's down from the previous week, down 20 odd thousand. wooptido. that is still above 400,000. that is a key level. that means 400,000 people lost their jobs and fronted up the benefits. these are first time claims. last week alone. you've got to get that number way down. below 300,000. to make a serious dent in america's unemployment situation. just because it's down from one week to the next does not imply a strong labor market, far from it. al got it, thanks so much, stuart varney and thanks for reintroducing wooptido into our vocabulary! bill: that's big in london! wooptidodo! thank you stuart. we found this military plane crashing and burning only moments after takeoff. here's a mystery, an investigation underway to find out what happened there. and look at the size of that. alisyn: new fallout in the health care waiver handout controversy that we talked about yesterday. we knee businesses in nancy pelosi's district got them, but who else is getting a pass and who is being denied? bill: also 750 days, that's how long it's been since the senate passed a budget. now republicans are introducing a plan to bring down that trillion dollars debt. do democrats have a proposal? we'll talk to a leading republican in a matter of moments. alisyn: secretary of defense rob either gates says someone had to know that usama bin laden was hiding just miles from the capitol in pakistan. but he adds that someone knew something. gates and admiral mike mullen of the joint chiefs addressed reporters. listen: >> i see no evidence after -- since the bin laden raid that indicates that the top leadership knew bin laden was there. >> i've seen no evidence at all that the senior leadership knew. in fact, i've seen some evidence to the contrary. and we have no evidence yet with respect to anybody else my supposition is somebody knew. alisyn: so senior leadership in pakistan did not know, but someone knew. admiral mullen also said it's time to stop talking about the operation that took out bin laden, saying, quote, we've talked too much, it's time to move on. bill: that was like the first 24 hours, wasn't it? it has been 750 days since the senate last passed a budget bill. republicans now demanding that democrats -- demand thank democrats offer up something to debate. senator, welcome back here, how you doing? >> doing well, bill. bill: good morning to you. what's the holdup? >> good question. there seems to be a lack of urgency around here, 700 days and counting, we have a $3.8 trillion enterprise, call to federal government. you would think the most fundamental responsibility we would have to the taxpayers of this country is to pass a budget, but that's where we are, i'm on the budget committee, we have yet to see a budget, we understand that chairman conrad may have something circulating and we understand it moves further to the left to satisfy some of his more liberal democrats and that means more tax increases but that's all we hear. so we continue to wait. bill: all your colleagues here, you guys were all over twitter yesterday, you sent this out, you said as of yesterday, 749 days since the senate dems passed a budget with a national debt of $14 trillion, what's the rush. you have to have an idea about the strategy. what's the strategy? >> seriously, bill, i don't think they want to have a budget, because i don't think they want this debate, since the president has come into power, they've added $3.2 trillion to the federal debt, they have dramatically expanded the size of government and i think they continue to believe they can kick the condition down the road. the problem is we don't have any more road. perhaps you saw in the last few days, the medicare and social security trustees report came out, social security is running a $32 billion cash decifit this year -- i should say a $46 billion decifit, medicare running a $32 billion cash decifit, that means we have to borrow money to help offset that. it continues to worsen the longer we wait. we don't have the luxury of time. i don't know what they're waiting for rather than they don't think it's politically advantageous to have this debate. bill: politics are always involved in this. could it be they're waiting on this gang of six or gang of five, whatever it is, today to make its move and recommendation? >> they could be. the gang of six, however, versus lost the -- one of the fiscal conservatives on there i think is less likely to report something out that could be used. i do believe, perhaps, and they're waiting on the discussions between the white house and some of the congressional leaders, but that doesn't negate the responsibility, bill, that we have as a congress to do a budget. the house passed a budget, several weeks ago, people may not like it, but they put it out there, it's been discussed a lot across the country, the senate hasn't passed a budget in 750 days. i mean, think about that. that's $3.8 trillion of the taxpayers' money that we're spending without any idea about how we're going to deal with it. bill: back up one question on this point. you said two answers ago that you don't think democrats want to have this debate. do you also believe, though, that members of congress now more so than ever are well aware what the american people are aware of and that's the future with a $14 trillion debt. if that's the case and you're not going to get up and get it done you're going to pay for it politically. if not today, in two years, right? >> i believe that's true, and i think that the american people are more engaged in this than they ever have been before, i think they realize we're on the verge of a debt crisis and they understand what the implications can be for their families and pocket books and they want action out of washington. bill: but that's not just true for democrats, either. i mean, they're watching you, too. and -- >> absolutely. bill: and what republicans do. absolutely. >> and we need to be held accountable. but the point i made is still true, and that is since republicans took the house last year, they passed a budget this year, they passed a budget which was talked about a lot but the senate hasn't done anything on that front yet. we're waiting for the democrat controlled senate to act and the white house to produce something that would reduce the spending. bill: 750 days. john, thank you. what do you think at home? do you think this will lead to higher taxes? tax is -- taxes, the question now, log on, foxnews.com/"america's newsroom". the poll is on now, you can see what others are saying. we'll have that throughout the morning here. alisyn: look forward to that. meanwhile new pictures of a tornado that slammed a major city in the northeast. check out these aerial photos. you won't believe where this twister hit. plus, what caused this, a military plane to explode during takeoff? we'll explain. bill: have to wonder how people survive when you see something like this, three people recovering after a military tanker burst into flames, boeing 707 taking off from muju naval station, the smoke could be seen for miles before crewing out the flames. at one point a helicopter dispatched to drop water on the tanker, that 707 used to transport fuel and at the time it crashed upon takeoff it was fully loaded. it was not on empty, it was loaded for bear. fire burned for hours. alisyn: libya capitol, meanwhile, is the scene of a mass demonstration today. hundreds loyal to lead moammar qaddafi filling the streets of tripoli. meanwhile forces loyal to qaddafi intensifying their campaign against the rebels. we're also getting reports that qaddafi's wife and daughter have now fled the country. fox's reena ninan is live in benghazi. reena. >> reporter: there's so much uncertainty here, qaddafi has not been captured, there's a sense here the fighting continues. over 40 authorities still involved in nato air strikes on the ground, but people don't really have a sense that qaddafi's days are numbered here but the rebel fighting, they continue to do all that. if you can imagine the four journalists who were captured early in april in the town of brega in the east by qaddafi forces were released yesterday, the government here of libya said that they're allowed to remain as guests in the country, but as you can imagine, they want to get the heck out of here. they're expected to leave for the tunisian border sometime today. we're still awaiting word if that has happened. meanwhile the fighting continues with rebels, trying to gain critical ground in libya. there is still a lot of nato firepower trying to help, they were in the town of ajdabiya last week. it was somewhat of a ghost town, but the fighters are pushing forward trying to gain control of bega. there doesn't seem to be a change in the war, it's continuing back and forth, some territorial ground being made, but not much, not enough to where qaddafi's military is completely pleated but nato saying they've done a good job of wearing down the military. that seems to be the military strategy here on the ground. back to you, ali n. new york. alisyn: reena ninan, thank you very much for that update. bill: strange story, it keeps coming but qaddafi stays in power. alisyn: interesting that his wife and daughter have left the country. bill: it's true. you've got a war going on for two months and you wonder how it will end. we have a first look at the other woman, arnold schwarzenegger father ago love child with his housekeeper and more women are talking, including possibly a child actress, who -- with a well known actor in hollywood. we'll get back to that. alisyn: an historic mississippi town preparing for the next wave of flooding. coming up, the preparations underway in vehiclesberg -- vicksburg, where hundreds of homes and businesses are in danger. >> it's devastating. it really is. it's heartbreaking, devastating, to see your house like that. >> it will take about five, six weeks for the waters to go down and then we'll begin the long, slow process of recovery. alisyn: fox news weather alert now, because the mississippi river is expected to crest in vicksburg at 57.1 feevment that's a little lower than expected but it is still a record. and enough to devastate historic sites and naives -- and neighborhoods. >> it's devastating. it's hard to see it like that. >> you got to be on your toes, there's slow moving traffic, you've got to be very vigilant. alisyn: high water is expected to threaten the mississippi delta for weeks to come. but the army corps of engineers saying it expects levees to protect thousands of acres of farmland. bill: further down the mighty mississippi, the potential of small towns and flooding of farms now underway so baton rouge and new orleans can be spared. there are 17 gates opened in the morganza spillway, and you have vulnerable homes along the river region, already the surging flood waters swallowing up homes in the cajun country, flowing south to morgan city, population there, 13,000, flood waters not expected to crest there until wednesday. that's next week. rick leventhal is in amelia, louisiana where folks are building flood walls to try and keep the water out as best they can. how are they doing, rick? good morning. >> they're struggling, bill, but they're making progress. they are back at it here this morning, creating more sandbags. the department of transportation is bringing in sand by the truckload to this staging area where workers, including inmates from saint mary's parish, are bagging the sand and putting them on pallets and those pallets of sandbags are then being loaded on to 4-wheelers and driven to different places along the 5-8 miles of flood wall that is have been erected. we got video driving along the temporary levees that circle this town of 2000, the industrial hub of saint mary's parish, and the walls and levees and sandbags, built to about 5-6 feet above grade, they hope that will be high enough to stop the water from rushing in. we can also show you video we shot yesterday outside of morgan city, a ferry boat crossing, they're moving heavy equipment on to evanco island, which is seeing heavy flooding because of a barge that was sank to try and stop some of the backflow. once the water flows down the basin to the gulf and comes back this way, the barge is designed to stop the water from reaching morgan city but in the meantime has to go somewhere and it's going on to this island and they're trying to keep that water at bay. that's one of the bigger challenges they're working on now, trying to shore up the road on that island. bill: i was watching this all day yesterday, too, the effort is just -- it's unbelievable to see how many people are pitching in on this. you have cemetaries down in this area, too. are they protecting graves as well, rick? >> well, you probably remember back in hurricane katrina, when the water level rises in these low lying areas, these cemetaries are often at ground level, next to bodies of water, the graves, the coffins can rise up with the flood waters and those coffins can be swept away. it happenedo up and down the gulf coast and they're worried it can happen here, so they're putting sandbags on top of the concrete caps on those graves to try and protect the dead while they also try and protect the homes here in amelia and elsewhere. bill we're pulling for all of them, rick, thanks. we'll talk to you a bit later in amelia, louisiana. alisyn: it's not just people trying desperately to get out of dodge so, are the animals. watch a pair of deer trying to seek higher ground. the flood waters will be threatening the area for weeks to come. bill: also if you live in the area, we'd like to know what you're seeing out there. send pictures or video to you report, fox news.coment. if we can get your location and a brief description, we can share that with other viewers online and also tv, but stay safe when you're doing it out there. you report, foxnews.com. alisyn: on to the schwarzenegger scandal now, a former child actress, coming forward to say that she too had an affair with arnold schwarzenegger, gigi goyet first met schwarzenegger when she appeared on "little house on the prairie" when she was 16 years old, that was before schwarzenegger and shriver were married but she says the two met for years after that. high profile attorney gloria allred now confirming that she is representing goyet. most recently, allred represents one of tiger woods' mistresses. plus we're getting new pictures of the former california governor with patty baena, this is from tmz, he has all the scoop. hi jack. >> good morning. alisyn: you guys have been obviously all over this story and you have broken some really tidbits and you have more today. the first one, you say that patty baena, this housekeeper, wanted to be maria shriver, she idolized maria shriver. what do you mean? >> well, apparently, she just thought maria was naturally gorgeous, and she was living in the household, you know, so she was watching maria on a daily basis, she saw her and her action with arnold and i think she fell in love with the concept of being maria, being this kind of iconic woman, part of the kennedy family, and she's sitting there and apparently she would, you know, when maria would leave, put on her clothes, put on her jewelry, and act like arnold's wife when maria was not around and i guess she even claimed she was a better wife to arnold than maria was at one point. you know, i think it's just someone that is looking at this lavish lifestyle and going i want this, and i want her husband as well. alisyn: that's the stuff of creepy movies. next, you've also found out that we've heard -- we've heard reports that arnold had been supporting this child but there are new reports that you have unearthed that he has help support her extended family. >> yeah, it's not even just patty and her family. it's the sister, the family, everyone. mary ann is patty's sister who also word for the schwarzenegger family and apparently her daughter was -- arnold footed the entire bill for food, limo rides, the venue, entertainment, everything, and guests of the party did think it was odd that arnold was putting up so much money for the family but nevertheless, okay, maybe he's really rich and trying to help out. but yeah, we've got photos of him there, you see him with, you know, friends and family and his children were there as well, but i got to tell you, the one thing that still gets me about this whole situation is the fact that maria and patty were pregnant at the same time and had their kids within a week of each other. and maria was sitting here, giving gifts to patty for her pregnancy and giving her advice, and just being such a kind person and it all came back and slapped her in the face. alisyn: oh, absolutely. that detail in particular really leads to the lassiveousness of this and heart break for maria. we just showed a picture, it's arnold and patty with a little blond boy that we blurred the child's face, kind of a christmas tree. is this the illegitimate son? >> we believe that it's christopher, who would be arnold and maria's son. and it looks like patty is holding up christopher in front of the christmas tree with arnold. we believe that the photo was taken inside of schwarzenegger's house, you know, all those years back. so i don't think it's the love child. i think it's arnold and maria's son. alisyn: there were reports originally that patty baena left her job after 20 years of service, that she retired, that is was all amicable and she left in january. there are new reports that surfaced that there was some sort of falling out and a fight and she actually threatened to expose arnold. can you shed light on that? >> you know, here's the -- here's the thing. i've heard it differently. it sounds like she was willing to back him up all the way to the end, even when reporters started calling her and sniffing around about the story, she stuck to the fact that no, arnold was not the father, and that she had no idea why people were calling her, until the news finally broke, and so i think that that story is not 100 percent true. i mean, she was really there, she was getting a loft money from him, he was supporting everything, so i think it was in her best interest to keep quiet. alisyn: you've broken all the news on it, thank you for coming in and giving this to us. >> thank you. bill: checking the markets, talking about the jobs number, out for about 40 minutes or so, still trying to find out whether the economy is bumping on this. stocks responded favorably to the jobs number today, up 57 noints trading so far, the 4-week average, we're still at 439,000, which is higher than anybody wants now for a recovery to take hold and really go forward. the number in the past week, 409,000, filing for first-time unemployment. that number has to be well below 400,000 in order to start bringing down that unemployment number. we'll see where it goes now. alisyn: the magic number they say would be close to -- closer to 300,000. bill: which would be a beautiful thing and it's been so long, too. alisyn: it has. meanwhile, he may be president obama's most controversial judicial nominee and he could be the first one that is actually blocked by lawmakers. how will republicans vote? we'll explore that. bill: there is drama in that, too. it will be very close. which companies get a waiver from the health care law, and which companies are seeking one? several waivers, granted to holts and restaurants, and nancy pell -- in nancy pelosi's district. we will debate this idea in moments, with a great panel. stay tuned for that. alisyn: want to tell you what's developing in "america's newsroom", amateur video, coming out of yemen, angry students calling for the president's -- for the country's president to go. in clearwater, florida, jury selection underway in the casey anthony trial, this after the judge brought the proceedings to a halt yesterday after denying a defense motion challenging the jury selection process. bill: they're saying that will be the trial of the summer in all likelihood, once they get it going. this was supposed to begin already. we were supposed to be well into opening statements at this point. alisyn: it had a serious clause that the judge didn't explain. maybe they'll get to it today. bill: some of the jurors are being checked out for twirt and facebook. social media will be watching them every day, don't say anything. we've got new fall out over the handout of health care waiver, critics demanding to know who has requested those waivers, and been denied? alan coombs and tucker karlson of the daily caller, how you gentlemen doing today? all right. i call you gentlemen right now. we'll see where we are in four minutes, right? tucker, your website the detailer caller kind of started this this week. what question are you asking now? >> who's been turned down for waivers and y we can't get the answer to that. bill: why is that important? >> we mow that last month, in the month of april, just about 20 percent of all waivers granted went to one congressional district, nancy pell's, which to put it in context, by the way, contains about one quarter of 1 percent of the american population, so one quarter of 1 percent is getting 20 percent of the waivers. why? it will be interesting to know who's getting turned down. virtually everybody who applies for a waiver apparently is getting it. you've got a better chance of getting into harvard than you do getting turned down for a waiver. bill: let me put a specific question to you. if you got that answer, tucker, where would that lead you on the story? >> look, here's the problem. getting a waiver helps a business in a lot of cases. this system, because it is wholly not transparent, is ripe for political abuses. you give your political allies waivers. that could happen. in order to prevent that, we need to know what the criteria are that the government is using to grant these waivers. bill: i understand that. what about all this, alan? why not tell snus. >> i'm a little confused. first you said we want to know the list of the people denied waiver, then you said well, everybody is getting them, so there -- >> not everyone is getting them. >> most all of them. >> some aren't. >> if you go to the senate for -- center for the medicare and medicaid services, cms.gov, you will actually see a list of who gets the waivers, what kind of insurance plans get the waivers, and who's getting them, so there is transparency, they've been very open about it, and by the way it only applies to about 2 percent of those who -- >> bill: but here's my question in all of this. if the health care law has a mandate in 2014, why is anyone getting a waiver, anyway? >> because in the transition between now and then, there are a lot of companies that are denying -- these waivers has to do with the annual limits that insurance companies apply to users, so the consumers in many cases have these very low annual limits and so the waivers are given up until 2014 for those for being -- who are being benefitted the right amount of money for -- if i could finish -- if i could finish. bill: i don't understand. look, i think i'm a pretty average guy here. and i don't get it. >> i don't know what there is to get. i'm trying to explain. between now and 2014, insurance companies are really clapping down and giving annual limits to how much people can apply for health care coverage. these waivers do away with those limits so that when the limits fully go away in 2014, people are covered from now and then. this is -- this is what this is about, it apply to -- applies to 2 percent. it's fully explained on government website. bill: these are mini meds, there are limited benefits and the waivers are good for one year, then they're reviewed again. tucker, go. >> i can sum up the answer in a single sentence. omabacare doesn't work. >> hold on. >> alan, there's no way to defend the fact that the u.s. government is not telling its citizens who are paying for all of this, and subject to these laws, what the criteria are. >> that's not true. that's not true. i just gave you the website where that information is. that website is there. >> i know the website. we broke the story. >> i'm telling you, i was reading it this morning. it's there. bill: hang on guys. hang on -- >> it's on my iphone. bill: tucker, what you are reporting is that the companies granted a waiver, that is public information. that's correct. but the companies who have been denied a waiver and requested one is not public. now, which is the more -- >> hold on. bill: when -- >> you just said everybody is getting them. you just said that, tucker. >> many haven't received them. who are they? and why didn't they receive them? why don't you tell me in a very simple sentence why the u.s. government has a right, the obama administration has a right, to hold that information out of public eye? >> this is an invented controversy, because of the fact that a very small number of people are getting waivers, and what you really want to do is you want to repeal the affordable care act, so in a desperate attempt to try to show how unfair this is you've got a bunch of conservative think tanks and organizations that don't want to answer this. >> this is -- look, it's a very simple question. this administration promised transparency. >> it is. it's all there. >> and in this case, the question hangs in the air, where were these firms townd down waivers, the answer has not been forthcoming and until it is you can't call this transparent. bill: gentlemen, thank you both. we're doing to leave it there. if the question is still outstanding, we're going to get back to it tomorrow on this program, all right? tucker, thank you, alan, thank you. gentlemen, we'll see you soon, okay? go to foxnews.com, you can leave a question about this. a lot of viewers have questions, too. hemmer, foxnews.com, also twitter at bill hemmer and you can follow suit if you'd like or need more clarification, whatever you need, because you asked, bya. alal something tells me the question will be out there tomorrow. bill: are you clear on this yet! >> alal not yet! we'll keep exploreing it. changing at the gas pump, in time for the long memorial weekend. but are they up or down? aa has news that could help you plan your holiday weekend. bill: a tornado, a powerful twister causing serious damage, and it is not tornado alley. wait until you hear where this one hit. bill: one guess, right? who was that? blago! i was waiting for you to chime in. it's coming from wire tapped phone calls, claig in -- playing in court at the former governor's trial, wrapping up the his, blagojevich's legal team will decide if it will mount a defense, bla voy given -- blagojevich faces 21 counts. alisyn: listen to this, a tornado tears through a neighborhood in philadelphia surprising, people had to run for cover there, the twier smashing up a car shop and nearby beer distribution and ripping the roof off of a crab house. workers were saying they were lucky they weren't hurt. >> they had -- we had a lot of devastation but by the time it reached the street, it was gone. it was like a freight train, it was pretty bad. >> it was like debris, in a circular motion across the parking lot. >> we were wondering where the debris was. >> this building behind us collapsed. >> it's all over the place, the apartment complex to the right, it's gone. >> everybody is okay. that's all that really matters. al now, tornadoes are not unheard of in the philly area. they have sightings once or twice a year. john anderson is live in philadelphia with more. this is surprising, right jon? >> alisyn, the last one to hit was about 1999, so it's been a while. but they do pop up from time to time. this one, witnesses telling us, not on the ground for very long but did plenty of damage. let me show you the r.r. car repair shop behind me. this roof is completely collapsed in. there were cars inside that were being worked on. so they have more damage now. two people inside there were slightly hurt but they're going to be okay. behind that is correct it's tough to see, but there are workers on the roof over there, of an apartment building, four people being taken of by the salvation army. there was roof damage, they wanted to get them out of the building. and there's a beer store next to the auto repair stop and -- shop and the owner was telling me, his roof, he saw it happen, the roof lifted up 2-3 feet and completely peeled off. this tornado was 100 feet wide, 100 feet long, but it hit in a very busy area of town in northeast felz. in fact you look at the damage here, right here in the parking lot is a very busy grocery store, this tornado hit just before 2:00 in the afternoon, so that was crowded, there's also a gas station here in the parking lot and right across the street is a strip mall with a very busy intersection. again, this all happening in the middle of the afternoon. so there are a lot of people in the area, it could have been a lot worse, but it's two buildings right now which have the most of the damage here. they're going to basically be a total loss. a lot of picking up here. i will tell you, the sun just came out and things are heating up. our forecasterrers are saying another chance -- forecasters are saying there's another chance we could severe weather today. al in such a crowded metropolitan area, how did people avoid getting hurt? >> you know, the people that were in the beer shop, they said they thought they heard the hail and that's when they thought all right, something is going on, just seconds later, the roof peeled back. others in the area saying they did hear the warnings, the warnings did go out so the warning system did work, people were able to take cover. alisyn: good. that sounds like it really helped. john anderson in philly, thanks. bill: the reaction there is incredible, too. it wasn't on the ground very long. it was a short area of damage. but i bet it rocked those forget too. there is breaking news on the man formerly in charge of a lot of the world's money, dominic strauss-kahn set to face a judge in new york city at his alleged sex assault case. he is in court this morning. we'll take you there. alisyn: he's the man leading the show endeavor crew. coming up, he'll walk to -- we'll talk to astronaut mark khely live from space, ask him about his final mission and ask him about his wife, gabrielle giffords and her important surgery this week. 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[ male announcer ] marriott hotels & resorts knows it's better for xerox to automate their global invoice process so they can focus on serving their customers. with xerox, you're ready for real business. bill: here we go, a "fox news alert," bail or no bail for the now former head of the imf, that is the question for dominique strauss-khan. accused of trying to rape a hotel maid in new york city, set for court hearing at any moment. and, attorneys will argue for his release, offering a hefty chunk of money. in cash. seeking bail and house arrest here in new york. will he get it? good morning i'm bill hemmer, welcome back here. alisyn: thanks, bill, great to see you, one judge thought he was a flight risk, and i'm alisyn camerota in for martha maccallum. strauss-khan asking to be locked up in his daughter's new york city home. and shackled with an electronic tracking device, after resigning from the post as head of the global financial watchdog. >> the imf has a direct impact on the every day lives of women in countries all over the world and it is disrespectful to most women for him to remain at the head of the imf, surely, surely, we could find one person who is smart, a good economist and smart finance manager who is not a sexual predator. bill: late last night the resignation came from the imf and julie bandaras live outside the u.s. supreme court in manhattan and what will his lawyers ask for, julie? >> reporter: they are going to post a bail package, but, unlike the bail package that was posted on monday, this one, again, will ask to post a million dollars bail and, then they've also included house arrest. he's volunteering, 24 hours, with a monitoring device, where he will stay with his daughter, who is a graduate student at columbia university, on the upper westside and he's also put up his home in washington, the deed of his house, he submitted to the district attorney, a $4 million home, to guarantee he's not a flight risk and we have the latest statement and he resigned, the news coming in last night from the imf as chief of the imf, after worldwide pressure including treasury secretary tim geithner who yesterday in the white house said he obviously cannot perform his duty as the chief of the imf, considering these serious sex assault charges and i do have a statement which for the first time we are hearing from strauss-khan himself and i want to read it to you, please put that quote up on the screen. i think at this time, first of my wife, whom i love more than anything. of my children, of my family, of my friends. and he goes onto address the charges, to all, i want to say i deny with the greatest possible firmness all of the allegations that have been made against me. i want to protect this institution which i have served with honor, and devotion and, especially, especially, a want to devote all of my strength, all my time and all of my energy to proving my innocence. his defense attorneys haven't spoken since his criminal arraignment on monday, however there were leaks that have come out about what the defense strategy will be and it seems they believe the dna evidence collected from the hotel room and also from the medical examination taken from strauss-khan when he was in the special victims unit in harlem would indicate that this was not a forced sex act and in other words, implying that perhaps, this was consentual, and as i have spoken with the attorney representing the maid, he says that is shsheer nonsense and th, in no way was a consentual act and indeed he was forcibly -- forced to commit a sex act, attempted rape and, unlawful imprisonment when she tried to get away and he grabbed her and threw her to the ground, allegedly. bill: the decision will be in the judge's hands, soon. alisyn: california's former first lady has apparently lawyered up. maria shriver hiring a top celebrity divorce attorney, and we are hearing that she has not decided when she wants to end the marriage. just yet. and she reportedly hired her attorney before news of her husband's affair, with a former housekeeper, went public. and, former alaska governor sarah palin blasted arnold schwarzenegger yesterday. >> oh, you know, i feel so bad for his children. for his four beautiful children. you know, it must be quite embarrassing for them. you know, and, it es an irresponsible and really pretty disgusting thing that he did, and, pretty much denied that he had a child for ten years, that is how i look at it. it speaks to his character, and it is sad. alisyn: new details emerge from the affair, the legal troubles for him are likely far from over and we'll talk to an attorney about how ugly this could get. bill: a "fox news alert," getting word now, one of the deadliest and most sinister attacks we've seen in a long time, in iraq. at least 27 dead, killed in kirkuk. two separate blasts targeting an iraqi police station and the first explosion luring police officers to the scene to help the wounded and a second blast only a few feet away, tearing into the crowd of first responders and i third explosion, 45 minutes later on a road to the local hospital. that is absolutely sick. 70 people, wounded, overall. also, new video now of the massive protests that take place in these various towns, in syria. bill: amateur video, clearly and nearly impossible, frankly to verify, since syria banned most foreign reporters but it is said to show hundreds of anti-government protesters chanting and marching yesterday, wednesday, the latest demonstration calling for an end to syria's repressive and brutal regime and they have been to the streets a month-and-a-half and the u.s. estimates syrian forces have killed about a thousand people since the revolt started in the month of march. and just yesterday, president obama, announcing new sanctions against syria's president for his role in the crackdown on his own people. alisyn: back at home, more on this, the president is expected to defend the syrian sanctions in his first major address on the up risingings throughout the middle east and in less than two hours, president obama will speak of the historic shift in the region and new economic aid to nations that support democracy, wendal goaler is live at the -- wendell goler is live at the white house, so what do we know about the aid. >> reporter: it is worth several billion dollars to tunisia and egypt, and some is releasing debt and, all to stimulate job growth in countries where the youth unemployment rate tops 30% and officials say there's a couple of reasons for doing this, and one, want to show case and reward the relatively peaceful transitions to democracy in egypt and tunisia and, to send a message to the people of libya and syria, who are still struggling against oppressive regimes and u.s. officials also say democratic reforms are more likely to stick if people are not worried about feeding their families and egypt's up reveal caused the downturn of tourism which makes up 10% of the economy, alisyn. alisyn: did the -- does the u.s. continue to tight then screws on syria and libya in other ways? >> reporter: new sanctions on syria were announced yesterday, targeted president al-assad for the first time and included more of his lieutenants and more government agencies. their access to the u.s. -- frozen u.s. companies, forbidden for doing business with them and the nato mission in libya continues and the opposition is not making much progress in taking territory but a number of qaddafi's ministers defected and, according to some reports, including the oil minister, to point out, also israeli prime minister netanyahu, trying to split the reconciliation agreement between hamas and, abbas and, will ask for recognition from the u.n. in september. alisyn: thanks for giving us a preview of that, the president's plan for the middle east, calls for more u.s. financial aid. and here's a look at h the u.s. has already given to some middle east countries, just this year alone, in 2010, the u.s. donated $1.5 billion to egypt, and $800 million to jordan and $229 million to lebanon and now, the president is pledging more money, to help boost job creation, in the region, as wendell said and what about job creation in the u.s.? well, lou dobbs has thoughts on that, coming up. bill: all right, it is stopping massive floodwaters from wiping out thousands of acres of farmland and the us army corps of engineers say a major mississippi levee is not expected to overtop but folks are not in the clear yet, and in arkansas things are taking an ugly turn as desperation sets in and some flood victims are stealing from each other, we are hearing. listen here: >> we're in trouble here. we need help. we don't need people taking things from us. we are here during the day. and, nothing happened, but when we leave and come back, is when it is gone. bill: jonathan serrie is working at a levee in vedalia. good morning where you are. i imagine that is the exception, rather than the rule? >> reporter: it is, indeed. mostly what we have been seeing is neighbor helping neighbor and a lot of innovation going on and, right here, on some of the buildings, on the riverside of this levee, here in vedalia, they are building these makeshift levees, out of these boxes, they fill with sand and in this case they are protecting a medical center and look at the other side. there is already flooding and the levees certainly are doing their job here. and, the building, over here, is a convention center and it, also, has a mini-levee surrounding it and instead of building one giant mini-levee around all of the buildings they decided it would be safer to create individual islands for the buildings, surrounding each building, so that if one mini-levee fails the other buildings will still be safe. in addition to the medical center and convention center and 150-bed hospital these mini-levees are also protecting a small shopping center, a hotel, and, also an intake facility for public drinking water. listen: >> we have to draw water from the mississippi river, our wells are 250 feet deep and, that completely supplies our water throughout vidalia and we have two of those and if we lost either one of those we would have had serious problems. >> reporter: fortunately it has not come to that. right now, i'm standing atop the main levee, protecting the town, as you can see, everything on the other side of the levee is dry, other than a few sand boils, they are having to patch up which is to be expected. the levee system seems to be doing its job, bill. bill: let's hope it remains that way, too, jonathan serrie is live there. we are trying to see what you see there, if you have pictures or video, send them in to ureport@foxnews.com and we'll try and get photos on throughout the day. there's the address. alisyn: meanwhile, "fox news alert," he's dead and gone but apparently still putting out audio tapes. a new tape, believed to be from usama bin laden, the cia says there has never been a fake recording released from usama bin laden, so, what is on this new tape? next. bill: also she was front and center as her husband rocketed into space, only five months after a bullet to her brain nearly took her life. >>... able to see her and she was happy to see familiar faces, that gave her support. bill: mark kelly, her husband is soaring in the final frontier and he's our guest, live from the international space station in a few moments. alisyn: and one of america's finest under attack. shocking surveillance videos, just ahead. ♪ until the sun went down ♪ funny thing ♪ unabout vegetables...wn they fill you up without filling you out. yes! v8 juice gives you three of your five daily servings of vegetables. that's what i'm talking about! v8. what's your number? ♪ ♪ [ male annouer ] with amazing innovation, driven by rentless competition, wireless puts the world at your command. ♪ ♪ yes! ha ha! ♪ [ clicking ] dad, what happened? power went out, want a 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[ female announcer ] oscar mayer selects are made with 100% pure beef and have no artificial preservatives. they're a great way to re-connect with your family. dad, how come the nelsons' lights are on? ♪ it doesn't get better than this ♪ bill: more news on the economy as we try and piece things together, mortgage rates touching new lows in 2011. we're at historic lows already and the 5th mortgage rate fell to the lowest point of the year. that should offer incentives to buy a home, right, america? apparently, not, because we are getting word sales of previously occupied homes, not new homes, homes fell 1%, far below the 6 million homes they hope to see, in order to get that part of our economy stabilized and we are far from it. if you own a home you don't need me to tell you. alisyn: times are stuff. bill: dropping like a stone. alisyn: all right, meanwhile, not one, but four fires raging overnight in florida. flames engulfing four homes in seminole county. all of the homes within ten miles of each other. and, all of the fires started with in one hour of each other. all the homes were vacant, no one was hurt. and officials as you can imagine believe the fires are the work of an arsonist. they are investigating. senate republicans may hand the president his first defeat on a y judicial nomination, whether to confirm goodwin lu and he's up for a spot on the 9th circuit court of appeals and he is opposed by conservatives and the republicans may have the votes for a successful filibuster, byron york, chief political correspondent for the washington examiner joins us now. hi, byron. >> good morning. alisyn: they say the confirmation fight could be more bruising than that of elena kagen or sonia sotomayor. >> he's, they say the role model of left wing ocean activism and he roaholds a lot of liberal positions and they are offended by a remark he made at the confirmation hearing of samuel alito and, he said if he's on the court, it would plunge us into the days when police could shoot suspects and they are offended but i have to tell you, this is what goes around, comes around. this goes back to 2003, when democrats filibustered a whole slate of ten bush judicial supreme court nominees and now they are getting their resyringe, so basically it is pay back time. >> absolutely, it is. republicans, you may remember, they were outraged at this and this was quite unprecedented for democrats to filibuster a slate of ten nominees. and, they had one of these gangs, a gang of 14 agreement where they basically agreed to let most of the bush -- not all but most of the bush nominees through and, then they said they would only use filibusters in the future in extraordinary circumstances but they left it up to each senator to define what extraordinary circumstances are and now, we have a lot of republicans, saying, for the first time, they are going to filibuster and obama judicial nominee. alisyn: looks like it. we'll see what happens today. thanks for coming in. >> thank you. bill: alisyn, we're going to space! 220 miles above mother earth, the international space station circling the globe as shuttleal endeavor makes the second to the last mission ever for the shuttle program and the commander gets good news about his wife, gabrielle giffords back on earth and with me now, mark kelly along with katie coleman a flight engineer, and, i'm told to say the following: there is a bit of a delay, we are excited to have you both, but station, this is the fox news channel, how do you hear me? >> yeah, we get you loud and clear. bill: terrific, mark and hello do you. how is gabby doing and what did her family tell you during the procedure? >> well, our flight data doesn't line up well with the u.s., we launch 9:00 a.m. and i talked to her mom and chief of staff and my brother late in the day while the surgery was still going on and got an e-mail from her neurosurgeon yesterday, and, it went great. i mean, as well as he could expect, and, she's recovering, and will be back at the rehab hospital, sometime today or tomorrow. bill: that is outstanding news and i know you miss her and i'm certain she misses you, too. and, lift off, i was down there in florida and you said during lift off in part, you said, it is in the dna of our great country to reach for the stars and explore and then you said, we must not stop. what do you mean by that, mark? sn>> well, i think you know, we have a vibrant space program, but, it is not something i think we should take for granted. we are going to continue to operate the space station here, for a lot of years, through 2020 and maybe beyond that, and, my point is, is that i think it is really, really valuable to not only the american people, but, everybody on the planet, so, something we need to continue, focus on, invest in, it is really important. bill: and, main argue we shouldn't end the shuttle program and rely on the russians for a period that may last as many as ten years. do you agree with that? >> well the end of the shuttle program is a bittersweet thing. i mean, the space shuttle has been flying for 30 years, it has been an incredible shift, it has done a lot for our nation, but, it is about -- 30 years old and at some point we have to decide to move on, to a new vehicle, and, a vehicle that we can one day use for exploration and hopefully, we'll move in that direction and we're building a heavy-lift vehicle where contracting with some private companies for commercial capability, to access lower earth orbit and it is -- you know, we are still, still moving forward, unfortunately, we're not going to have a u.s. crew vehicle for the immediate future but that will not be forever and we have had gaps like this before. bill: i know you have gabby's band on your wrist and you are wearing the wedding ring around your neck and can you show our audience that? and while you do that, katie, i want to know what kind of shuttle mate he is in the international space station! >> well, this shuttle crew is great to have on board. they came right in and, got to work and they made their plans, really clear to us so we could be part of what they are doing, and, you know, they are great guests to have, they don't behave like guests, they behave like family, and, it is -- i think we're doing really important things, this week with them and getting a lot of things done to make the station a place we can do science for the years to come, and, so, it is near and dear to all of our hearts toet that done and we're doing it together. bill: best of luck to both of you, thank you, cady, thank you, mark, back in a moment.  alisyn: "fox news alert," for you now, al qaeda releasing an audio message from usama bin laden. and it is believed to be recorded just a week before the terror leader's death and in it, he speaks of a, quote, rare historic opportunity. national correspondent catherine herridge, live in washington, catherine, it is incredible, he's dead and gone put still putting out audio tapes and what does the intelligence community say about this. >> reporter: thank you, the contents of the tape, a u.s. official said it was recorded in late april, days before his death and the audio messages is believed to be the last recording made by usama bin laden and the focus is on the uprisings and unrest in northeast and it was described to me as, quote, odd in several ways, and seemed to be an effort by the him to prove that al qaeda is still relevant during these historic events and trying to insert himself into the news cycle when al qaeda really had not been part of what happened in north africa and the middle east. and one of the interesting things we have learned, is a little bit about his filing system, and we knew he kept, at least confirmed on friday, that he kept a full edited and complete copy of these messages, and that was recovered in the compound which led to our reporting on friday, and we had anticipated a tape would be released, shortly after his death, and that is what has finally come to pass, late yesterday. alisyn: the cia or the intelligence community, are they worried it could be a trigger for an attack? >> reporter: there has been a myth that developed over the years, these tapes could be triggered for events, but, that was really dispelled some time ago and have never been seen as coded messages. or catalysts, for events, and i think what is important here is a couple of things, number one, bin laden trying to insert himself into the events in northeast, which, al qaeda was not the catalyst to, and, then we have a quote here which i think tells you about when the materials were recorded. it reads in part, then the winds of change blew in search of lab liberation and the knights of egypt -- the knights of egypt take we'll of light from the tree of light... and, he does not mention hosni mubarak being ousted from power and he was somewhat cut off from current events and the tape was probably done and recorded sometime in april though not released until much later -- i mean, january, pardon me. alisyn: sure. >> reporter: i went a little too fast there. alisyn: it gives us a window into what the timeframe was, catherine herridge, thanks for all of the information. bill: we have a special coming up on friday night, too, we'll talk more later today and tomorrow about "the secrets of 9/11" and catherine herridge has done terrific reporting about the separate groups set up in america, prior to the attacks and we'll talk about whether those groups could be here again, 10:00 eastern time, friday night and the president set to deliver the first major speech on the historic uprisings in the middle east and pledging, more financial support to help boost the region's economy. but, is that money well spent and what about the u.s. economy? lou dobbs will tackle that, three minutes time, alisyn. alisyn: and maria shriver has reportedly hired a divorce attorney but there are new developments and we'll put those to our legal analysts, how messy this could be. 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[ female announcer ] only flood insurance covers floods. for a free brochure, call the number on your screen. alisyn: here's what's developing in "america's newsroom". some good news in the job market. the number of people applying for unemployment benefits fell sharply for the second straight week. applications for benefits are dropping to just over 400,000 now. and if you don't know his face already but you live in washington, d.c., you'll soon be seeing private bradley manning, plastered on a billboard. he of course is accused of leaking classified government information to wickileaks. supporters are launching this ad campaign to coincide with the start of his court marshal pretrial. queen elizabeth travels her trip through ireland, the trip comes in an effort to recognize the need for reconciliation between england and ireland following decades of tension. bill: good a guinness for us! praise and punishment, that's what we're expecting from president obama, waiting for a foreign potentialsy address. in addition to the sanctions, promising financial support for the countries moving towards some form of democracy, for example, for giving a billion dollars in debt that egypt owes the united states to help create jobs over there. lou dobbs, host of helicopter lou dobbs tonight" on fox business network, good morning to you. >> good to see you. bill: money well spent, do you think? >> the money may be -- we could argue that. but what i -- what i think is interesting is the president and the white house were pushing the idea this would be outreach to the muslim world. i think what's been lost here, this is a real departure for the obama white house. this is unilateralism. and i happen to -- i find it fascinating that he's chosen this course. this is not about the united nations and the way in which the united states will partner with the u.n. in the middle east. or north africa. or south asia. this is straightforwardly unilateralism, and i happen to think -- i may be surprising people by saying this -- i happen tong this is a pretty smart approach. obviously that will depend upon the result. but you have to give the administration credit for taking a different approach than is expected in practice. bill: why do you think they're calibrate thank? >> i think they've run into one big reality, that is the united nations is a horribly ineffective institution and multilateralism, easy for me to say -- multilateralism is no guarantee that u.s. security interests, national security interests, are going to be represented. in this way, focusing on egypt, focusinging on tunisia initially with these packages could take -- >> bill: i am surprised to hear you address that. this is 2010 alone now, egypt, $1.5 billion. i think that's on the low end actually. >> right. bill i think it's closer to $3 billion for the total package. jordan, $800 million, lebanon, $229 million. we give money to get control we give money to exact policy in these countries, to get them to do what we need to be done, in order to achieve some sort of lasting peace which to this date has been elusive. >> tunisia, egypt, yemen, bahrain. we have no control. we do have relationships and they are tattered right now. we also have the most important relationship with the only democracy in the region, and that is israel. this could provide a bullwort in that relationship if the administration carries out what one expects. bill: so lou dobbs, even given the financial reality that the united states is facing today, you're okay with $3 billion in israel, $3 billion in egypt, the hundreds of billions going out. >> no, no, no. i would much prefer these relationships and support be of a commercial interest rather than an aid package. aid has a temporary transitory effect. it can also have an instant effect, which is what they're seeking in this instance. but this should be a commercial relationship. we should be opening up trade relationships with reach of -- with each of these countries and quit playing this sort of arrogant pat onizing game that has been really the definition of europe's foreign policy, not only in the middle east but around the world. bill: there are debates that will continue off of this. >> right. bill: and think about now, with bin laden dead, but the wars in afghanistan, to some extent, in iraq, continue today. we'll see what the president has to say about all of this, next hour. >> none of it is, by the way, defining the u.s.-muslim outreach, which is what had been ballyhooed a week ago. bill: we'll stay tuned for that. lou dobbs, 7:00 eastern time, every tight on the fox business network, thank you lou. >> thank you. alisyn: one of america's finest, forced to protect himself at a central booking stick around for that story. splitsville, after 25 years of marriage, maria shriver's legal strategy after a decade of true lies. >> ♪ >> ♪ these boots are made for walking. >> ♪ >> ♪ h@ bill: so there's snow. it's the third week in may! i'll show you videotape out of denver, colorado, people are shoveling and trucks are plowing and everybody is ticked off about it. a storm dumping several inches of snow across colorado. folks are long to -- folks are used to long winters but even colorado has had enough. >> my family in california, they're out here for our daughter's graduation. this is not california weather. they got lucky. >> absolutely crazy. i can't believe it's may! >> we can't, either. local forecasters are saying that several more inches of snow, expected, over the next few days. that's okay, at 10,000 feet. but not in town! >> alisyn: putting a price on a decade of deception. maria shriver, hiring a high powered divorce attorney. former california governor arnold schwarzenegger as you know admitting he fathered a love child with his family's long time housekeeper, a child that is now 14 years old, arthur idala is a former prosecutor and joins me. i'm curious about this, the couple, maria shriver and arnold schwarzenegger said they have separated, but neither one have said they're divorcing. do people hire divorce attorneys in they're considering reconcile something. >> yes they do. they do to see what their options are and to see how ugly this can get and see how bad this can get and destructive to their family. you know, they have four children, three are no longer minors, there's really only one, their child, arnold and maria's, who is the same age as the love child, i think five days apart, that's the issue i don't think really, alisyn, you're going to see people here fighting about money. he's a multi, multi millionaire, she's a multi, multi millionaire, their greatest asset is their reputation. clearly. alisyn: but i mean, obviously, you know when people get into this mess, you know, they try to hurt each other or punish each other, however they k. and sometimes money is the conduit for that. if there was a prenup, which people have said these two have, does infidelity make it null and void? >> usually it does not. usually it does not. if it does, it's very simple. in california, the law is clear. from the day they got married, to the day they filed for divorce, all of their assets get split up 50-50. it doesn't matter if he cheated on her, she cheated on him, he hit her, she hit him, that doesn't matter. the cause of divorce doesn't matter. it just matters they are going their separate ways, and so if there's $100 million in their banking account, and there's two homes, she gets a home, he gets a home, she gets 50 million, he gets 50 million. it's plain and simple. alisyn: arnold has reportedly been supporting this other love child for his whole life, financially speaking. is there any other legal trouble that he could get in because of this other child? >> how about this, alisyn? if i'm reading the california law accurately, after the child is born, the mother of the child only has two years in which to claim he -- he's the father, paternity, and if she fails to do so, he legally, my understanding, by just reading the statute, legally he does not have an obligation to support this child. as crazy as that may sound. in other words, if he acknowledges to the mom, yes, i'm the father, the mom says yes, you're the father, but nobody goes to court to get a piece of paper signed that says he's the father, legally, the statute of limitations has passed so he doesn't have to legally, not morally, but legally, pay a dime for this child. alisyn: that's really fascinating, arnold. >> arnold! i'll be back! >> alisyn: no association implied! that is fascinating, because what has come to light today is that part of how the identity of the father of this love child came to light was that during her 2008 divorce proceedings, she had to check a box saying that her current husband, her husband at the time that she conceived, was not the father. so obviously, that raised all sorts of eyebrows. >> yeah, and i think what really will end up happening t. was blackmail, if you want to call it that, extortion, whatever word you want to use. she said look, unless you give me more money, i'm going to go to the media and tell everyone that this is your child and he made a strategic decision not to spend the rest of his life in that position, and he came out and spoke about it first. but i think maria holds all the cards here. and she comes -- she's a kennedy, she's a classy woman, i think you're going to see this is not going to be a typical hollywood divorce. i think it's going to go away as quietly as possible. she does not want her name out there in such an embarrassing, uncomfortable set of circumstances, for a minute longer than it needs to be. she's a multi, multi millionaire, so is he, i can see them splitting up, he'll have some visitation, that may be an issue, how often he gets to see his 13-year-old, but besides that, maria shriver wants this case off the front of the newspapers and gloria allred is involved now! so who knows if it's going to be on the front of the newspapers. alisyn: that would be best for all of the children. arthur idala thank you very much for coming. >> thank you very much, alisyn. bill: you got alisyn, artie, arnold. alisyn: it's confusion. birl bill you won't make that mistake again! jenna lee is cooking something up on "happening now". jenna: not arnold! let's be clear! we're going to have instant analysis of that middle east policy speech by president obama -- by president obama, and breaking details on the former head of the imt and his court appearance this afternoon and we're going to talk to one of the country's most renowned scientist about the flooding and whether or not we can control the mighty mississippi. it's a man versus nature segment. accepted us your questions at foxnews.com. bill see you with jon with a couple of minutes on "happening now". in a moment, you have the right to remain silent. you do not have the right to jump the officer. no! we'll show you that. alisyn: counting down to one of the busiest travel days of the year and gas prices are on the move. are they up or down? we'll tell you. bill: fox news alert now, we're waiting for court to get underway, dominic strauss-kahn, the former head of the imf who resigned late last night will be before a judge and we understand his attorneys will argue for him to be sprung, on bail, bail set at about a million dollars, u.s., all in cash, and in return, he'll stay in new york with an angle bracelet and stay with his daughter who lives in manhattan. whether or not the judge agrees to that is something we'll wait to hear. the prosecution has already had strong words about that request. we're waiting for that. screen right is his mug shot that came out about an hour ago. alisyn: well, he fought the law and guess what, the law won! suspect, being booked at an ohio station and in the blings of an eye he jumped the counter and attacked the officer on duty. at one point he tried to grawb the gun, this when police responded to a domestic call and ended up arresting anthony thomas for an outstanding warrant. the officer was able to get the suspect in a chokehold and sub due him until, as you see, backup arrived. bill: so what are you paying for gas, huh? a bit of a dip now, the national average down to 3.91. does that make you feel better? not really? down 7 cents from a week ago. that drop coming as aaa releases its annual report on how gas prices will affect the summer travel season and this will be a major story coming up in a couple of weeks. peter doocy live at reagan national in washington, is memorial day expected to be up or down in travel this year? >> reporter: in travel, up, believe it or not. they think about 100,000 more people are going to take trips. the total could be 34.9 million americans going somewhere, up from last year, up .2%, which is something that they say that part of the reason for the increase is because more people are gob to go traveling by air and also because there's a better economic outlook this year as opposed to last year. but once people actually get where they're going to compensate for the higher prices, the 88 percent who are going to drive, they're going to be spending $700 instead of $800 the twai breaks down could be bad news for small businesses in these vacation areas. 31 percent less spending on entertainment, 21 percent less on shopping, 17 percent less on food and beverages, and 14 percent less on accommodations bill. bill: wow. how do they come up with those numbers, by the way? >> >> reporter: it's interesting, it's macroeconomic, without getting too specific, aaa apparently surveys travelers all year long, they ask them how they're feeling and what they're doing and they include historical data and look at stuff happening now, gas prices, unemployment, the gdp, all that, then they crunch it together and have press conferences at the airport so we can explain to you what their forecast is. but keep in mind, like the freddie macs for many holiday weekends it -- holiday weekends it could change but with memorial weekend set to start next friday, this is how they think it will shake out. bill: thank you for that. maybe we'll get a jolt in the economy with everybody on the move. peter doocy, live at reagan national down there in washington. coming to a theater near you, well, a blockbuster surprise for one woman during the previews. roll it. >> you have my permission for a hand in marriage. i would love to have you as a son-in-law. >> from universal studios, making the movies. what are you waiting for. alisyn: that was a marriage proposal fade for hollywood. this guy is pulling out all the stop toss get the gal. we'll show you what happens next. alisyn: one guy using the silver screen for the most creative wedding proposal we've seen in a long time, with the bride to be watching the whole time, keep an eye on the lower lefthand side of your screen to watch her. >> can i have your daughter's hand in marriage? >> you have my permission for her hand in marriage and i would love to have you as a son-in-law. >> wow! she seemed very surprised and you'll be happy to know, bill, she said yes. now the video has become an internet sensation, 2.6 million hits online since it was posted in may. that's a good one! there's a lot of production value in that. bill: you like skype a proposal these days! they never say no, do they? alisyn: not usually, thank goodness. bill: it would make great television! are you prepared for zombies taking over the earth? a major federal agency says you should be, the cdc posting a pamphlet, preparedness 101, zombie apocalypse. it's no laughing matter, they say. cdc officials say it's all about emergency preparation. i don't know who that is screen left. whether it's a hurricane or flesh eating zombie, they suggest putting together a kit with food and water and other supplies and once you've made your kit, figure out an evacuation plan. alisyn: what's the antidote to a zombie? did they put that in there? bill: not sure. call the cdc, huh? alisyn: we've got more investigate to go do on that. bill: in the meantime, we're going to get out of here and it was a thrill to talk to mark khely up in space. you think about it, right, and what they're doing, it's the penultimate mission there, and you can tell by talking to him, he misses his wife, he's thinking about her all the tile and the space shuttle is retiring. that has to be a bit of a melon coaly mood for -- melancholy mood. alisyn: and he alluded to that in his statement. what about the astronauts' hair do? gravity makes a difference. >> take it easy! to all them in space, our best to you and we'll see you when you get back here on planet earth in 13 days. we got to go. see you friday, "happening now" starts right now. jon: we begin with this fox news alert. we are live at the white house where the president just left to deliver a major address on the middle east. his first comprehensive response to the uprisings sweep swoo sweeping the arab world and the effect on our strongest ally in that part of the world, israel, the speech comes amid breaking news in the region with the u.s. slappin

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