Transcripts For FOXNEWS Happening Now 20120606

what the verdict will mean for other cases like it nationwide. jon: wisconsin governor scott walker survives the recall election, beating his democratic opponent by a wide margin. we'll take a look at the consequences for both political parties and for organized labor. jenna: staying with politics. we talked a little bit frenchmy -- frenemy. we'll tell you what is causing more controversy today. jon: bright lights, lots of makeup and a big brouhaha. one pageant contestant giving up her crown claiming the miss usa contest was rigged. a the lowdown on the drama. breaking news all "happening now." jon: well, it's election reflection day after governor scott walker makes history in wisconsin. a good wednesday morning to you. i'm jon scott. jenna: hi, everybody, i'm jenna lee. the first united states governor to survive a recall effort handily defeating his democratic challenger, milwaukee mayor tom barrett by about the same margin he did when they faced off against each other just two years ago. some suggest walker's victory also carries significant national implications that could impact governor romney and the race for the white house. others say we have to be cautious how far we take this election. chief political correspondent car cameron live in washington with more on this. carl, what is happening in the romney camp today? >> reporter: a little bit of both actually. republicans are sort of fighting the urge to gloat and say that this is the beginning of a nation wave. and democrats are trying to find some sort of silver linings in awful lot of clouds. for mitt romney he was pretty cautious and only partially got involved in governor walker's recall fight. he already eagerly embracing the bounce from it. this morning the victor, mr. walker, the governor is already sharing the spoils. he was on "fox and friends" this morning talking about it. listen. >> i do think it is a powerful message in the fall election and probably of greater importance after the election that people mean it. they mean it in washington. they mean it in madison. they mean it every other statehouse across america when they say we want you to take on the tough challenges and not play for what is maybe temporarily popular in the polls but something long term that will benefit us all. >> reporter: conservatives call this a huge win for smaller, more fiscally responsible government and it resonates nationally. democrats hoped all that would be repudiated. instead they were. that hurts well beyond wisconsin, jenna. jenna: other than the buzz, a little momentum, how far can governor romney take this? what exactly does he get out of it? >> reporter: sure. first thing you have to remember about wisconsin it hasn't voted republican since 1984. the president still leads polls there now and he actually beat mr. romney in the exit polls yesterday but democrats still are defeated and a little bit divided this morning. that is great for romney on its face. the president promised to defend labor unions and only tweeted the election the night before. to a lot of liberals and big labor that amounts to not very much effort. there is what is going on in wisconsin proper. there were two dozen walker field offices that will be immediately turned into the romney campaign offices. rnc collected 4 million voter signatures. that is big state in wisconsin. it doesn't register voters by party. that is big list. badger state issues, smaller government, balancing budgets and balancing union rights are in play nationally and so are wisconsin's 10 electoral votes which had been leaning and still leans a little bit blue to the president but romney now has a very real shot there. jenna: a lot to take in today, carl. thank you for kicking us off. we appreciate it. carl cameron in d.c.. jon: let's talk more about the political fallout in wisconsin. exit polls are giving us insight. power of the tea party highlighted with supporters there overwhelminglyly voting for governor walker over mayor barrett, 92 to 7%. no surprise there. when it comes to for the race for the white house, president obama leads voters polled last night. he gets 51% to governor romney's 44%. the voters giving the president narrowly an edge on handling the economy with president obama leading governor romney 42 to 38%. let's talk about it with rich lowery, editor of "the national review" and a fox news contributor. why did scott walker win last night, rich? >> the biggest thing that his reforms were seen to have worked. when he initially passed them and there was this convulsion of controversy in madison and all the protesters his approval rating plummeted. but over the last year-and-a-half or so, people have seen that these reforms empowered localities to make sensiblecut backs in the way they did business. ironically his opponent in the recall election, tom barrett, used those remochls to -- reforms to save an estimated $10 million. that was a huge benefit to walker. he talked about that everywhere he went. jon, another big factor the recall itself was seen as slightly illegitimate. the exit polls said people thought the recall should really be reserved for instances of gross official misconduct. and a lot of people just perceive this as a revenge tactic by the left and it backfired in a major way. jon: one of the surprising figures to me as we took those fox exit polls was the relative level of support that both candidates enjoyed among union members. we can put that up on the screen right now. scott walker didn't win the union vote but he did pretty well, 38% to barrett's 62%. what does that tell you? >> shows a real split between the public sector and private sector unions. even private sector union members, that tells us are prone to view the public sector unions as taking advantage of privileges that no one else had. that was the key thing here. the public sector unions were arguing oh, we're protecting our rights. i think most people saw these things as privileges. paying a really small amount into their pensions. really small amount for their health care. much less than anyone else in the private sector does. and i think, jon, one of the key takeaways for reformist republican governors around the country you don't necessarily need to go whole hog the way scott walker did. if you do one thing and end mandatory dues for these public sector unions, that's a huge hit because the, a couple key public sector unions in last year-and-a-half have seen drastic reduction in the membership because the state is no longer collecting their dues for them. and that is another privilege. the state doesn't collect dues for most other organizations. jon: right because a lot of those unions have shrunk dramatically because the dues collection is not mandatory now. >> correct me. afscme has gone down, lost 50% of the its membership. we saw that in indiana where mitch daniels did something similar by executive order said the state of indian will no longer collect dues for these unions. also we say a drastic reduction in membership in those unions in indiana. just shows if these union members themselves are not forced to pony up their dues they're not so enthusiastic about these organizations either. jon: there is still enthusiasm for president obama there even though the walker voters seem to prefer president obama over mitt romney. do you expect that's going to change or will wisconsin remain a blue state come november? >> well i think it will be much closer to 2000 and 2004 where democrats won wisconsin but just by a tick. and we're not going to see president obama walls to a big double-digit win the way he did in 2008. romney victory by no means guaranteed in wisconsin but it will be a battleground. jon: rich lowery from the "national review.". >> thanks, jon. jenna: as we await a landmark supreme court ruling on the president's health care overhaul the white house is reportedly looking at several options to revise the law if the high court overturns all or even part of it. whether the law could function at all without that central provision the individual mandate a lot to look at here. chief national correspondent jim angle live in washington with more. >> reporter: president obama told potential voters he might take a second bite at health care reform if he gets reelected. he might have to if the supreme court rules that unconstitutional. his spokesman were not willing to talk about that though he and other democrats say the individual mandate is critical. >> i would simply say obviously the individual and date is -- mandate is a hugely important component to the affordable care act. >> i'm one that doesn't think that eliminating the mandate is a death blow to obamacare, a word i used with affection. >> reporter: questions about the mandate were prompted by reports that the administration may be looking at plan b in case the individual mandate is struck down. critics of the law however argue it doesn't work either way. >> there is a real question even if the supreme court upheld it, whether or not the law will be workable okay? but if the supreme court strikes it down it's dead certain that the law will be unworkable in its current form. >> their argument in court was if you strike down the individual mandate you might as well strike down the whole bill because none of it can survive without the mandate. that was their argument. >> reporter: he thinks the whole bill would have to go back to the congress to fix it. without the individual mandate, healthy people would wait until they have a problem and only then get health insurance creating chaos in the insurance industry. nevertheless the mandate is clearly unpopular in opinion polls. >> most americans don't know all the technical details of the affordable care act. they know about the individual mandate and they don't like that. >> reporter: so if the administration were to attempt a plan b without the individual mandate experts say the whole plan would collapse. it would also be difficult for the administration after arguing the plan couldn't work without the mandate to suddenly reverse itself and say they could still make it work. jenna? jenna: we'll continue to watch the decision from the supreme court. thank you very much. jim angle in d.c.. jon: there is a heart-breaking mystery to tell you about after a little boy collapses and dies during a kindergarten event. his mother says he was a healthy child. so what caused this tragedy? jenna: any warning signs on that or anything like that? we'll talk more about it. another tragedy become as landmark legal case as a teen stands on trial for texting and driving while causing a deadly accident. the verdict just in and our legal panel weighs in. jon: dismal unemployment numbers creating a market meltdown last week. those weekly jobless numbers often have to be revised. changes may be coming to the way the key jobless numbers get reported. we're live with an update on that. >> with hotwire's low prices, i can afford to visit chicago for my first big race and l.a. for my best friend's wedding. because when hotels have unsold rooms, they use hotwire to fill them. so i got my hotels for half-price! >> men: ♪ h-o-t-w-i-r-e ♪ hotwire.com [ morgan ] lopez lomong started running when he was six 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. mcallen, texas. in here, heavy rental equipment in the middle of nowhere, is always headed somewhere. to give it a sense of direction, at&t created a mobile asset solution to protect and track everything. so every piece of equipment nows where it is, how it's doing or where it goes next. ♪ this is the bell on the cat. [ male announcer ] it's a network of possibilities -- helping you do what you do... even better. ♪ ll on those gardening gloves... even better. and let's see how colorful an afternoon can be. with the home depot certified advice to help us expand our palette... ...and prices that keep our budgets firmly rooted... ...we can mix the right soil with the right ideas. ...and bring even more color to any garden. more saving. more doing. that's the power of the home depot. beat the bugs with ortho bug-b-gon max spray or concentrate just $7.97. jon: the house is holding hearings today on how the labor department releases key information own the economy. recently those may jobs numbers came out just 69,000 jobs added. and the unemployment rate ticked up to 8.2%. the news sent markets plummeting. now changes to the way the data is distributed are raising concerns about government interfering with the press. chief congressional correspondent mike emanuel has the latest from russell rotunda in the capitol building. so what are the specific concerns that these house members have, mike? >> reporter: well, jon, for months or for years actually the tradition has been reporters would show up at the department of labor, get a look at the numbers, write their stories. when it was time for the data to be released they would then be told they could transmit their stories. well recently the department of labor said the reporters would have to come in and use government computers, government phone lines, and the chairman of the house oversight committee, darrell issa says, that isn't cool. >> the u.s. department of labor led by secretary hilda solis has unilaterally changed the method by which the media accesses the bureau labor statistics job data. this unprecedented action has serious freedom of the press implications. >> reporter: and there is the concern from issa and others on the committee that essentially by the government controlling the method a little bit more that it may limit the reporters ability to speak more freely with their editors, to access old stories, to do their job and do it in a timely fashion, jon. jon: so congressman issa there may reflect a republican view. what about the democrats, what are they saying? >> well the problem when you are the minority party, in this case the house democrats is quite often when the majority calls these hearings you don't agree with the principles and the top democrat on the committee said these concerns are being addressed. >> over the past month however the department has worked with press outlets to accommodate their concerns while enhancing security. we anticipate that there will be an additional announcements, there will be additional announcements recording these on going discussions. >> reporter: i should mention that the labor secretary hilda solis was invited to testify today. she is not appearing. a lot of her top deputies are on the hot seat today and we will obviously bring you highlights throughout the course of the day. jon? jon: will be an interesting day in washington. mike emanuel, thank you. >> reporter: thanks. jenna: from washington, d.c. we'll take you right to new york city where we're watching a pretty amazing sight today. that is the space shuttle enterprise making its way right up to the intrepid air and space museum. jon: not captain sully landing his airbus. jenna: good disclaimer today. we understand the schedule for the shuttle made its way past the statue of liberty. it should be heading around ground zero around 11:40 eastern time. and up to the intrepid where it will be lifted aboard on the deck. that is something we hope to see live with us. that is historic moment. you don't see a shuttle on a barge in manhattan every day. jon: no you don't. jenna: you see a lot of different things. jon: that is great. jenna: despite all the talk about rich getting richer the number of millionaires in america is now on the decline. what is behind the trend and which country is the new hot spot for the wealthy? jon: interesting. also a beauty queen's ugly fight with a national pageant. why she resigned from the miss usa competition. her story next. good morning! wow. want to start the day with something heart healthy and delicious? you're a talking bee... honey nut cheerios has whole grain oats that can help lower cholesterol. and it tastes good? sure does! right... ♪ wow. delicious, right? yeah. it's the honey, it makes it taste so... ♪ well, would you look at the time... what's the rush? be happy. be healthy. another cup of coffee? what's the rush? how long is this one going to last? forty-fi minutes? an hour? well... listen. 5-hour energy lasts a whole lot of hours. take one in the afternoon, and you'll feel alert and energized 'til the cows come home. it's packed with b-vitamins and nutrients to make it last. so what's it going to be, partner? 5-hour energy. wise choice. 5-hour energy. hours and hours of energy. right? get. out. exactly! really?! 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[ male announcer ] hey! there's oreo creme under that fudge! oreo fudge cremes. indescribably good. jon: one of the contestants in the miss usa pageant has resigned but it her reasoning that is attracting so much attention. miss pennsylvania claiming the contest is rigged. rick folbaum has more on that, rick? >> reporter: jon, is she resigning because she thinks it was rigged or because organizers now allow transgender contestants to actually enter the contest? that is really the question here. miss pennsylvania has not been very clear publicly at least why she is doing this. on her facebook page, sheena monin says she is resigning the crown bus sunday's finalists were picked before the broadcast. she sent an e-mail to the i refew to be completely from foundational principles to allow natural born males to compete in it. this goes against every moral fiber of my being. the miss universe organization changed its rules back in april to allow transgender women who had sex change operations to compete. meantime miss rhode island, who actually won was on "fox and friends" today. she says monin is the one who is losing out? >> i can only say that she is missing out on a great opportunity. i just feel for her because it really is an awesome opportunity and experience and she's giving that up. so i feel bad. >> reporter: by the way the charges that the pageant was fixed, jon, monin says she has proof. donald trump, who owns the pageant says that she is lying and he is going to sue her. so more excitement away from the pageant than during it. we'll keep following this one for you. jon: wow, trump versus miss pennsylvania. can't you see that. >> reporter: steel cage match. jenna: that's a shame he doesn't like press, right? jon: no, he doesn't. he doesn't. rick folbaum, keep us updated. jenna: taking on the beauty queens, that donald trump. speaking of millionaires in fact, elite club of u.s. millionaires is now getting even smaller according to one report shows a number of households with a net worth more than a million dollars is actually on the decline but around the world, the number of wealthy households is growing. so what's going on here? adam shapiro joins us now from the fox business network. personal experience with millionaires, adam? >> reporter: i know a few. i would like to join the club but i'm not there just yet. jenna: what is going on here? >> reporter: a couple of things, obviously countries like china and indthat -- india, the asian countries rising in financial wealth than the united states. we saw 129,000 households that were classified millionaire households actually fell. this is according to a study by the boston consulting group. part of isn't only the rising economies in asia but also bad money management. the study put out said wealth managers need to do more to lift their profits for their clients. so it is kind of a two-edged sword. you have rising economies in other parts of the world and bad money managers or financial consultants here in the united states. jenna: is there any way to tell that that 129,000 millionaires just dropped the amount of money that they made and that's why they're no longer part of the club? or did they actually physically move somewhere else and take their money out of the country? >> reporter: this study doesn't address this. that is actually happening. people who leave the united states for different kinds of reasons, tax advantages. what this study looked at is total financial wealth. bc puts that worldwide at $122.8 trillion. the u.s. still has the largest share of that, roughly 38 trillion but our share actually declined a bit because returns from these money managers who aren't doing such a good job and getting paid so much by the millionaire howls holds, those returns are falling just a bit. jenna: easy to blame somebody else, isn't it? it is still your money. you still have to watch it no matter who is managing it. >> reporter: always. even if you're a millionaire. jenna: you don't get graduated out of that. adam, thank you very much. >> reporter: take care, jenna, bill clinton is standing by the current president's side on the campaign trail but some of what the former president is saying raises questions about whether they're really on the same page. we'll have a fair and balanced debate on that. right now, senators from both sides of the aisle coming together for national security. they are furious about alleged leaks from the white house. senator john mccain saying it is compromising our safety. >> there's been a disturbing stream of articles in the media and common among them is that they cite leaked classified or highly sensitive information. and what appears to abroader administration effort to paint a portrait of the president of the united states as a strong leader on national security issues dwrooeb ooctsds jenna: we're getting some new information on a story that has some parents wonder today if there are any warning signs they should be looking for in their young children? apparently healthy little boy suddenly collapses on a, he is in a kindergarten class. during a class outing and he dies. rick is back with us with more on this heart-breaking story, rick. >> reporter: what unawful story out of michigan, jenna. nicholas was out on the school playground. he was running around playing with his kindergarten classmates on field day, suddenly he fell to the ground and stopped breathing. teachers immediately called 911. cpr was done. nicholas's mom, who was at school volunteering that day rushed over to his side. he was rushed to the local hospital where he was pronounced dead. this is the school student. listen. >> i don't think this ever happens. car accidents happen. injuries at sporting events happen. 6-year-old boys don't die on the playground. and, i have not come to grips with it and won't. >> reporter: an autopsy jenna, will be conducted to see if nicholas had some preexisting heart problem that may have led to this trage different his funeral is saturday. the. school is making counselors available to students who understandably having a hard time coming to grips how something like this could happen. the superintendent we just heard from said it is very hard explaining this to children when adults don't get it either. jenna: see the emotion on that. that is understandable. we think about the community. we'll bring our audience any answers if there are any out there when the autopsy is done. thank you. >> reporter: sure. k jon: we've been telling but the uneasy alliance that seems to exist between president obama and former president bill clinton. the two on the campaign trail together over the last couple of days and the former president giving a flurry of interviews including one to the political website characterized like this. in an interview with cnbc that his office was scrambling to clarify tuesday night, mr. clinton sided with congressional republicans over obama in calling for congress to temporarily renew the soon to expire bush tax cuts. but he also heaped praise on private equity companies like mitt romney's bain capital. pleaded ignorance for his past gaffs and asserted his independence from the obama campaign message operation. it was clinton in full mr. hyde mode in a flash back to the deep and lasting tensions between the clinton family and obama team that still linger from the bitter 2008 primary fight. let's get a fair and balanced discussion underway now with mary katharine ham with "the daily caller". she is also a fox news contributor. juan williams also with us, a fox news political analyst. good to have you both here. juan, the obama campaign has got to see this as bill clinton wandering off message again. he goes on another network yesterday and says yeah, i think we ought to extend the bush tax cuts. then his spokesman clarifies that and says well, he didn't really mean that at least not for the long term. what is it? >> look this has been going on now for several days. i mean he said, you know what? mitt romney has a sterling record as a businessman undercutting the obama team's effort to try to raise questions about exactly what kind of capitalism was being practiced at bain capital, whether or not it was made for a man who could be leader of a nation not just concerned with profit. and as you say, he then gone on to now say that you know, in general, the whole notion of challenging any of the, any of the basis which we would think of romney's running for president, seems to be out of bounds. he says romney's a good guy. doesn't have any problems with him. the contrary thing, jon, he did say this week he thought it would be can lam oust to us if -- calamitous if romney was elected. over all from president clinton he is a bull in a china shop and way off message for the obama team. jon: is he being crazy or crazy like a fox, mary katherine? >> it is really hard to imagine that bill clinton don't know exactly what he is doing politically at most times. i think he knows exactly what is going on. he is undisciplined in other ways as we know but not when it comes to tone and message. so i think he knows that he is taking these jabs. i think he has gotten used to a person as avanted policy wonk. he maybe talks a little bit more in detail about things like tax cut extensions than he would if he were a more, if he had been a candidate more recently. but i don't, i think he knows he is making trouble and he will continue to. he has upside and downside and did on hillary clinton's team as well. because he will be him. sometimes being him means he says things that are diametrically opposed to major components of the obama campaign's message. jon: juan, there is this interesting bit of news just this morning, larry summers, who used to work for bill clinton and knows a thing or two about tax policy, larry summers went on tv and said, you know we really shouldn't let the bush tax cuts expire in january like they are scheduled to do. it seems like, you know, more than just bill clinton. seems like there is a bit of, i don't know, dare i say a campaign going on here? >> well there is. remember, a lot of the people, democrats i should say who are in the obama coterie, people like the mayor of newark, cory booker, harold ford, obama -- bill clinton, they're all, they have all come to the rescue of wall street on the idea that wall street's getting beat up too badly by the obama team. you know, it works to a certain degree when obama is able to come in new york on monday and raise a ton of money from wall street with bill clinton as his protector. just again, for people who are inside the political game like all of us talking here today, we see it as bill clinton still seeming over what happened with hillary clinton back in '08. the whole notion that he thinks of obama as some kind of amateur, that he is not the skilled politician that he is and bill clinton just making it clear while obama may technically be the top democrat in the country, he still views himself as the big gun. he is the principal democrat and he will make the call. jon: as one writer put it, mary katherine of bill clinton's activities with friends like this, obama's political enemies don't need to do much. >> that may be true. he also does pull in a lot of money as juan pointed out but i think there is another issue with cory booker, harold ford, bill clinton, those guys, very popular, recognized as centrist democrats willing to do pragmatic things to make stuff work. those guys have a fundamental disagreement with obama on a lot of policies. they are not as left as he is. they are pointing out the sunshine because it works for them in their constituencies to point that out. you add the ego of clinton to that mixture you have a volatile situation. jon: i want a quick thought from both of you on this situation. we talked yesterday on our program about the fact that two congressional candidates, sitting democratic members of congress in new jersey, were going against each other. >> right. jon: because of redistricting. they both had to fight for a seat. bill pascrell, who had been endorsed by team clinton, won handily over the democrat rothman who had been endorsed by the obama squad. what do you think about that, juan? >> goes right back to what i was saying about the 08 campaign, the hillary clinton campaign. the guy that was endorsed by bill clinton, guess who clint clin, the guy endorsed by barack obama, endorsed barack obama. and turns out that the clinton guy wins again. who is the top democrat? who makes the calls? who has influence over democratic voters? i think bill clinton is asserting himself here even if it is not conscious to himself. what is the media making a big fuss about? believe me, there is something here. yeah, he knows. jon: we'll have to leave the discussion there. juan williams -- >> who would have thought i enjoyed bill clinton so much. you told me that in 1999 i wouldn't say that. jon: he always good fodder for television, isn't he, mary katherine? >> indeed? jon: thank you both. jenna: we'll take a step back from politics into a tinderbox out west where wildfires rage out of control, suppressedding across several states. winds whipping up the flames and complicating things for the firefight. we're live on the story with the latest on all of this coming up. a verdict just reached in a case that could have national implications a teen accused of texting while driving and causing a deadly accident. we'll take an in-depth look at the jury's decision next. welcome to hotels.com. summer road trip, huh? yep uhuh let's find you a room. at hotels.com, you'll always find the perfect hotel. cause we only do hotels. wow. i like that. nice! no. laugh...awe hmm nice huh ooh, yeah book it! oh boy call me... this summer, we're finding you the perfect place - plus giving you up to $100 at hotels.com jon: brand new stories coming up next hour. attorney general eric holder facing more controversy over the botched gun-running sting operation, "fast and furious.". now new evidence surfaces what investigators just learned from wiretaps. california's effort to raise the tax on a pack of cigarettes by a dollar, the vote, too close to call. we're live with an update. the real skinny on fat. some brand new research and the impact it could have on those trying to lose weight. jenna: right now a massachusetts teenager found guilty of causing a deadly car crash because he was texting while driving. it is the first-of-its-kind in the state. one of the first sentences wee of seen really in the country, rick. one of the reasons we're taking a closer look at this. >> reporter: absolutely. this verdict handed down just the today in the case of aaron deveau, guilty as you said of negligent operation of a motor vehicle. this involved a terrible head-on collision in february of last year between deveau and two people driving in another car. one whom was killed. other seriously injured. the deveau testified in his own defense. he was asked what he remembers about the crash. he swerved into the other lane because he suddenly realized he was getting too close to the car in front of him. listen. >> i remember that day, yes i remember that. >> you remember that? >> yes i do. the picture is right there. >> the, when you, when came up on the car that was in front of you, were you looking down at your lap? >> no, i was not. >> were you looking out the window? >> no, i was not. >> were you looking at your cell phone? >> no, i was not. >> you just were distracted. >> i was just distracted. >> reporter: prosecutors shown the jury records, deveau written and received 200 texts the day of the accident before and after. deveau said none of them took place while he was actually behind the wheel. at the time of the crash the jury obviously did not believe him. he just been sentenced. he faced a possible four years in prison. we understand, just coming in from the courtroom, that aaron deveau get gets one year in prison for this conviction. jenna: we're still trying to confirm that as well. a few different headlines coming from the courtroom, rick. thank you very much for that. possible several years. with us now, rachel self, criminal defense attorney and joey jackson criminal defense attorney and former criminal prosecutor. rachel you also herd the sentence. we're working on confirming that with the court. it surprises you though that the prosecution was successful here. why is that? >> well, because ultimately speaking the charge, you need to prove beyond a reasonable doubt that the texting was happening while the accident actually occurred but under the statute, negligent operation, you need to show that your behavior was negligent enough that it might have resulted in the death of someone and then ultimately somebody died. i think that they might have hipged it on that. the jury yesterday asked for a reinstruction on negligent operation and they only deliberated for a little while on this. so i think, i think the prosecutor did a great job. jenna: joey, we're just getting word in, aaron deveau was sentenced to 2 1/2 years in jail but he will serve one full year behind bars. what's your reaction just to this story overall, joey? what it means, just legally the legal ramifications around the country? >> legally speaking, jenna it will mean less people who are texting. why? because one of the things that the law does, it has a deterrent effect not only on the individual to prevent that specific individual, in this case mr. deveau from doing this again but to prevent others from doing it again. remember, we don't have to, in this particular state under this state law you don't have to show any intent, right? normally we look someone is dead and you have to show they intended to do it. all you have to show someone acted negligently. they were careless and not being careful or attentive. or show they were acting recklessly. they consciously disregard ad risk, knew what they were doing could be wrong and could result in a calamity and did it anyway. i think the take away from this, jenna, it will prevent others from thinking about texting from doing so. jenna: one would hope, joey. but going back to the points you were making what they had to prove to make this actually motor vehicle homicide. can someone fiddling with the radio, doing makeup, drinking a cup of coffee? how is texting different from some of the other activities one can do in a car or how is it the same? >> such a wonderful point you're making. a number of activities are very similar. whether you're fiddling with the radio or makeup or doing your hair it raises the same issue, that is, you're being distracted the problem here however there is specific state law identifies texting something particularly dangerous and particularly a matter the legislature had to take hold of to do something about. so i think it could lead to those parade of horribles, that is, maybe legislation along the line of distraction in general being criminalized. that is something we'll have to look for in the future not only by massachusetts, jenna but other states as well. jenna: rachel, do you see that in the future? >> absolutely i agree with joey completely. i think our point is valid one. but bottom line we have a law not allowed to text and drive same with a not allowed to drink and drive or do drugs and drive. everyone recognizes this is incredibly dangerous thing. you're sitting in traffic, you look around, somebody is texting and driving. jenna: that is true. >> i'm really, really hoping come down with legislation. while might be like joey said a parade of horribles the legislative intent behind the statute shouldn't be ignored. people be doing it and father of three is killed. jenna: in massachusetts it is illegal for a teenager to hold a phone, have a phone in the car if you're under the age of 18. that is the law as well. this phone was in the front seat with him. >> yes. jenna: we'll continue to watch this see the ramifications. thank you both for your time today. >> good to see you jenna. take care, rachel. >> good to see you. bye. jon: how would you like a little good news for a change? the dow, take a look at the numbers, up 213 points. that's the biggest jump since march. so far this year because the dow's been on quite a slide lately. it is basically back to where or it was back to where it had been in the beginning of the year. lost all of its gains to this point but now the dow is roaring back. we'll keep an eye on it and give you more analysis as to why. then there is this, speaking of roaring back, that is the space shuttle enterprise about to reach its new home in new york city. the intrepid see airspace museum. you see the nose cone behind the american flag about to go to its new home jon: prominent lawmakers accusing the obama administration of national security leaks. senator john mccain announcing a bipartisan effort to get to the bottom of it after published news reports on disrupted terror plots, drones and cyberattacks on iran's nuclear program. doug mckelway has more details for us from washington now. doug? >> reporter: good morning jon. there has been a spate of recent leaks in media about covert operations many members of congress think are doing great harm to national security. among the use of drones to target the president's so-called hit list of terrorist targets. and the recent release of the classified cyberattack on iran's nuclear facilities using the sophisticated flame virus a derivative the stuxnet virus that halted centrifuges enriching iran's nuclear fuel. last night senator mccain took to the senate floor to lambaste these leaks he believes are from administration officials and asked to investigate them. >> the series of art kelts these are based on, our enemies now know much more than they did the day before they came out about important aspects of our nation's unconventional offensive capabilities and how we use them. >> reporter: senator mccain is not alone in his concern. chairman of the senate armed services committee, democrat carl levin has agreed to hold hearings on the leaks. another democrat, california's dianne feinstein, chairman of the senate intelligence committee is deeply disturbed by these leaks. she issued a statement which reads in part today, i sent a classified letter to the president outlining my deep concerns about the reason, excuse me about the release of this information. i made it clear that disclosures of this type endanger american lives and undermine america's national security. in addition to her call for joint hearings, she is calling for greater authority to prosecute those who violate the law by revealing highly-classified information. jon? jon: it will be fascinating to see what comes out of this and whether anybody gets prosecuted. thanks very much. >> reporter: it surely will be. jon: doug mckelway. jenna: a jury wasting no time in a headline-grabbing murder case. acquitting the executive allegedly blamed his wife's death because of a lergeic reaction to spay tan. what he had to say after the story. story of a bizarre photo snapped by police. why a gas can was buckle understood a car seat while a toddler was not and what happened to the driver. we have details next. man: there's a cattle guard, take a right. do you have any idea where you're going ? wherever the wind takes me. this is so off course. nature can surprise you sometimes... next time, you drive. next time, signal your turn. ...that's why we got a subaru. love wherever the road takes you. >> reporter: rick folbaum in the happening now control room. brand-new stories we are working on for you over the next 60 minutes. attorney general eric holder, is he and other top officials at the just advertise department telling congress all they know about fast and furious, the secret wiretaps that do have an answer to that question. we have heard that an aspirin a day could help ward off heart attacks. could it bring on serious health risks? the doctor is in the house. happy days for a 70s tv show. when a judge has ruled that could pave the way to a major court victory and cash for the actors. all of that and breaking news. the second hour of "happening now" starts right now. jenna: a little cash never hurt anybody, right? we'll get to that story. "happy days" as it does sound. wisconsin governor scott walker becoming the first governor in u.s. history to survive a recall effort. welcome to a new hour of "happening now," i'm jenna lee. jon: i'm jon scott. governor walker defeats milwaukee's meijer tom barrett for the second time. he received 53% of the vote after democrats and organized labor spent millions trying to row move him from office. he of course had millions from his own supporters. now the rising republican star wants to go about mending the state's political divide and focus on what lies ahead. tom bevin ask it i have editor of "real clear politics".com joins us. what lies ahead for scott walker walker, tom? >> he gets to serve out his term to the end of 2014. he has established himself as sort of a conservative hero. there is talk about him being potentially on mitt romney's ticket, although i think that is unlikely. he is one of the governors along with chris christie at the forefront of this pension reform movement, and his victory last night was very significant in that respect. jon: he had some advice from mitt romney when he came on fox this morning he said essentially mitt romney needs to take a page from this and run as a fiscal conservative, and be unapologetic about it. >> right, that's one of the lessons that people are taking from this. sot walker wenscott wacker went walker went in there and did what he said he was going to do. he delivered on the promises. a lot of folks didn't believe it was a legitimate use of the recall, even folks who may have voted against walker in 2010 thought that this process had got even out of control. of course it helped that the policies he's put in place have benefitted the state of wisconsin, in terms of their budgetary situation and he's also created some jobs. so that also played into his victory last night. jon: it has been suggested that president obama didn't want to get involved in supporting tom barrett because obama didn't make any appearances on his behalf, the only thing he really did, as far as i'm aware is send out that one tweet extolling barrett's virtues and yet mr. obama still needs mitt romney according to yesterday's exhibit polling 51 to 44%. would it have hurt him that much to get involved? >> well, i think it was the prudent move on the obama campaign. i mean, look there were no undecided voters in west r-frplt everybody was lined up, the battle lines were drawn. there wasn't a whole loft people he could sway. i'm sure they saw not only the public polls, our real quick politics average was 6.7%, the final result was 6.9%. they had a sense it wasn't as close as many people were making it out to be. if it was a real close race an might have been able to move a couple of people on the margins it might have been worth it. he doesn't have a very good track record of that. they made the prudent decision to stay away. they'll go back to wisconsin and try to reenergize his base for november. staying away i think was the right move in this circumstance. jon: wisconsin sort of a bulwa a bulwark of labor. what does this mean for others who want to take on the employee unions? >> i think it will eupl bolden governors, republicans and also democrats. scott walker is getting a lot of attention today, and rightly so. the votes that took place out in california, san jose. and san diego where california voters voted in overwhelming numbers 65-plus percent to cutback on public sector pensions to try and get some of the stuff under control, here in chicago, in illinois we've got a massive pension crisis that the state legislature has been grappling with unsuccessfully to this point. this is a bi-partisan problem, a national problem, municipalities and states. i think all folks will look at what walker did and take their cues from it moving forward. jon: tom bevin from "real clear politics." thank you. tom is co-author of rcp's new e-book, election 2012, a time for choose. check it out. jenna: you always need some good summer read, right. jon: yes. jenna: here on capitol hill where republicans claim political appointees are trying to influence the release of job today the a. rich is live with more. >> reporter: republicans charge the obama administration is suing economic information and making it difficult for reporters to write independent stories on job creation. they claim the department of labor has inflated the number of green jobs created, artificially boosting the outcome of a key administration initiative. >> the very idea that this is not political, when in fact our former colleague is responsible for it, and now oversees making sure that the numbers come out, i think we have to be honest, it is all about politics, it has always been all about politics. >> this committee seems more intent on challenging the methodologies used by the bureau of labor statistics rather than helping put people back to work. >> reporter: democrats defend the accounting of green jobs saying the government tallies are abg reufplt on top of how the government classifies job creation republicans have also taken issue with the department of labor changing the way news organizations report on their monthly job releases. labor is the government department that reports every month how many jobs the u.s. economy creates or loses. reporters get that information about 30 minutes before the government releases it to the public. that allows us to write stories and our computers. the department will soon allow only government computers and government software. republicans charge that allows the administration to limit outside information reporters can now use to write their stories. news organizations are protesting, and the department of labor says basically this policy is just better securing sensitive and valuable economic data. jenna. jenna: interesting, rick. the jobs numbers are always so important. we'll continue to watch the story. thank you. jon: new information on a controversial ballot initiative. a vote on raising cigarette taxes in california to pay for cancer research is too close to call. adam house low live with that for us. >> reporter: you know, california usually isn't in the bottom of the list in any tax structure but when it comes to tobacco tax actually california is. only roughly 85-cents or so per pack is what california is. the national average is about a buck-fifth taoefplt thififty. this would have added an entire dollar. too close to call. 63,000 votes are separating those against this new tax to those in favor of it. a big deal here in california, $50 million was spent by tobacco companies. a lot of the local newspapers came out against the new tax. lance armstrong, the american cancer society in favor of it. late last night the american cancer society came out and talked about how close the vote is and how important it is in there mind for this measure to pass, take a listen. >> we knew it would be a battle trying to defeat the lives of the tobacco companies. they spent about $50 million, very misleading advertising campaign to try to confuse voters about prop 29. the california voters are smart, we're confident they'll be able to see through the smokescreen. >> reporter: those against the tax are waiting to see what happens before they come out with a statement. they are watching the results very closely. why is this such a big deal in california? california has a number of tax proposals on the november ballot. a lot of voters are upset saying the taxes from the last couple of election cycles haven't gone where it's supposed to be. this money that is supposed to go to tow kabg co-ed indication and get kids off smoking, a lot of voters when asked about this said that wouldn't happen. in the last two weeks people in california who bought specialized license plates found out that much of the money that was supposed to go towards those areas was redirected by the state. this is all coming into play as we head into november with a number of tax initiatives on the november ballot. it's supposed to help california's financial situation. you cannette beyou can bet the people in sacramento are watching very closely, because this is supposed to be the answer to california's financial problems. jon: somehow the politicians seem to find a way to send the money elsewhere instead of where it's supposed to go. >> reporter: especially in california. thanks, jon. jenna: breaking news in colorado on a new offensive against the massive destructive wildfire burning there. some uprooted residents just returning to their homes are getting warnings that they may have to evacuate again. alicia acuna is live in denver with the latest. >> reporter: yes, the residents have been told that if the wind changes or conditions change they will have to leave again and fast. additionally there are dozens of other people who are on standby also ready to evacuate as necessary, this as firefighters continue to battle the blaze. the sheriff's department says it was ignited by a lightning strike. so far it has burned 227 acres and is at 45% containment. firefighters are getting help from a small air tanker and helicopters but the crews on the ground are battling more than flames. >> the fire is kind of hung up in very rocky, remote terrain, so we're hoping that we're able to go direct attack on the fire and succeed in some type of containment. a lot of it is going to be weather dependent and resource dependent. >> reporter: this fire is being fought about two and a half hours north of denver in a rule area where a number of homeowners have livestock and big animals that also had to be moved quickly. >> we started gathering the things up, loading the truck. got our big animals loaded in the trailer. when it got real smoky and visibility got bad we took and packed these other two out. >> reporter: also out west the state of new mexico has two massive fires burning right now. this one known as the bear springs first is burning on santa fe national forest land. officials say that while people are not threatened at this time a number of cultural sites are. rugged terrain is making work difficult and dangerous for the 160 firefighters there. in utah a wildfire there has brought attention to the dangers associatessed wit associated with the aging fleet of tankers currently with the air force service. two crashed on the days of fighting fires. the chief says it is time to modernize the nation's aerial firefighting fleet. jenna: we'll continue to watch the story. we hope for relief out there. jon: a man arrested for what some is called skwreupblg atlanta tee justice. others say it's murder plain and simple. what he's accused of doing straight ahead. investors say the u.s. economy is probably okay for now but adding a very big condition. the warning from warren buffet and what it could mean for your 401k. rick at the breaking news desk. >> reporter: we want to ask everybody, jon, how good are your taste buds? there is a new study out that says we can actually taste fat, and it might be the same as salty or sweet or other tastes we can detect with our tongues. go to foxnews.com and let us know in we can detect fat as a new taste. we'll have that story coming up and more of "happening now" after a quick break. don't go away. almost tastes like one of jack's cereals. fiber one. uh, forgot jack's cereal. [ jack ] what's for breakfast? um... try the number one! [ jack ] yeah, this is pretty good. [ male announcer ] half a day's worth of fiber. fiber one. or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. jon: right now, new info on crime stories we are keeping an eye on. the army private at accused in the biggest leak of government secrets in u.s. history is in military court. bradley manning is charged with aiding the enemy about giving hundreds of thousands of classified documents to the website leak wikileaks. patrick drumm tells prosecutor he killed a machine and planned on killing more. prosecutors are seeking first degree murder charges. a man driving a green car seeing red. in colorado a woman honked her horn at a guy in a prius. the guy jumped out and allegedly punched her in the face. she says she will press assault charges. >> today the economy in the united states is thought to be growing about 2.5% a year. do you agree with that? do you think there is any chance of a relation in the near term. >> i think it's very low unless events in europe develop in some way that spill over here big time. jenna: you probably recognize him, that's one of america's most prominent investors warren buffet speaking at the economic club in washington late yesterday evening. he offers that very important disclaimer about our economy, we are okay unless europe gets worse. and some suggest what is happening in europe knows anal has the potential to spill over to the united states but may ignite a global depression, the d word now. mike santoli is the associate editor of a magazine. >> the american economy is more stable at this point based on evidence from the other part of the world. china is having a steep slow down, which is another one of the concerns out there. retail sales have held up relatively well. yes, the jobs report most recently was disappointing. we have 2 million more people working now than a year ago. obviously the underpinnings are okay right now. the housing market looks like it's showing signs, at least had bottomed even if it's not going to surge. jenna: does that still make us like the best kid in detention. >> to some degree. 2% growth, the latest quarter was revised down below 2%. that doesn't feel good, it's not impressive. it doesn't feel like the economy is in anything like a boom but we are unusually -- when i say stable, unlike other parts of the world the united states mostly makes things and does things for its own people. we are not really export-based, we aren't as reliant on everything going on in the rest of the the world as other countries. it's not exactly as if we're in a great economy right now. jenna: let's talk a little bit about europe. there was an editorial in the financial times where the writer brings up a sense of fear and panic in the market and he made the argument that europe needs a lender of last resort, for its banks and governments. and he's talking about who that could potentially be. he doesn't come out and say us, but i wonder if that is even an option that in some way the american taxpayer could back stop europe to prevent that crisis from coming closer to us. is that even a possibility? >> no, i don't think it's a possibility in an out right way. i do think that what europe is looking at right now more immediately is some kind of burden sharing. basically all of europe kind of pulling its resources and essentially saying, you know, the debt of the least of our neighbors is actually our debt if you're a richer country. between the european central bank which has the ability to print money and purchase debt fit so chooses along with the international monetary fund which by the way is kind of u.s. dominated, yes, all those things together could in fact be part of a package that kind of counter acts in over indebted situation. jenna: let me ask you about what is happening with the dow today. you see a big pop. it's confusing after seeing the session lower, we had the worst day in the market on friday. what i do think of this? >> it has been going straight down for a while. usually you get a bounce. you had reports today that the federal reserve is now perhaps moving closer to another round of aid for the economy. jenna: what does that mean? >> well, most likely it would mean that it would extend what it's been doing, which has been buying longer term treasury bonds and other securities to try to keep interest rates unusually low and essentially more or less just inject more money into the banking system, therefore into the economy. jenna: the value of the dollar, inflation in the future, is that just being outweighed and those that think maybe are entertaining this by the fact that other countries out there are in worse shape and that is going to be okay for us somehow. >> we are interconnected here. the dollar has been rallying so strong right now that tphoeubs reanobody is concerned about faking froth off the dollar. if we're basically going to kind of reignite those fears again it will be a concern, but, look, oil prices are down 20% off their highs. obviously the ammunition is there if the federal reserve decides to use it. jenna: you wonder when you throw that boomerang when it's going to come back at you. >> you don't know. jenna: nice to have you as always. jon. jon: house investigators are digging deeper into operation fast and furious and they've come up with new information that could be damaging to the obama administration. plus, some cast members from "happy days" win a preliminary ruling in a legal case against cbs. we'll tell you what they want. wake up! that's good morning, veggie style. hmmm. fohalf the calories plus vgie nutrition. could've had a v8. i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw! but "happy days" for cbs in an l.a. courtroom. a judge refusing to throw out a lawsuit by some cast members of a key 70s hit tv show. >> i would call it iconic. this was one of my favorite shows. cbs wanted this case thrown out. they wanted to make as much money off of "happy days" as they possibly can. the judge in l.a. ruling by the case brought by four former cast members and the widow of another one can go forward. ♪ [singing] >> mrs. c, joni, potsie, and ralph, along with tom boss lee's widow suing cbs for merchandising cash they say they are owed. the suit claims they should be paid royalties from "happy days" dvd's sold around the world. they say they have been cut out of profits by all kinds of merchandise, t-shirts, games, et cetera, all with their likeness. there was a slot machine that they never knew existed in the first place. the judge's decision not a verdict, only a ruling that the case can move forward. if no deal is reached the trial is set to begin in july. jenna: iconic. rick, i want to tell you, keith who is one of our camera operators is actually dancing and snapping his fingers. >> i'm not surprised. jenna: thank you to keith for that. jon: new information on operation fast and furious from the top republican investigating that failed gun sting, congressman darrell issa. he says wiretap documents indicate that high ranking officials of the justice department may know a lot more about fast and furious than they are willing to admit. let's talk about it with katy p a alich. the author of fast and furious barack obama's famous cover occupy. jon: what does this tell us? >> we are not talking about one wiretap here, we are talking about at least six of them. what that means is law enforcement tools require that you can't apply for a wiretap until you've exhausted all other techniques of getting information in an investigation. in order to commit a wiretap application for approval you have to commit excruciating details about a case. in this case, lanny brewer from the beginning of the scandal said he wasn't aware of the questionable tactics, which means gun walk into mexico that were used during fast and furious while these wiretap applications prove otherwise and he was actually approving these tactics and allowing the guns to go into mexico. jon: hasn't the wiretap information be sealed by a federal judge? >> it has been sealed by a federal judge, by law that's the way it goes. however, it comes down to the discrepancies between the documentation that we have and the testimony that assistant attorney general lanny brewer, and in fact his boss, attorney general eric holder have pweuf given under oath to congress. lanny brewer approved multiple drafts of letters saying there was no way we were tracking guns into mexico. the senior doj officials didn't know about this program until a news report broke that brian terry was killed as a result of this program, yet the wire staps showiretaps show the opposite. it really comes down to what they have been saying throughout this investigation and the evidence that proves otherwise. jon: eric holder has to testify before congress tomorrow right? >> yes, he is scheduled to testify tomorrow, which chairman of the oversight committee darrell issa will sit on. this will be a cause for many interesting conversations between the two and questions, especially since in a letter that congressman issa sent to the justice department and eric holder yesterday, which said it's time for you mr. attorney general, to hold those accountable, who in these wiretaps approved these gun walking. jon: katy pavlich. jenna: salty, bitter, sweet. a new one emerges. is fat actually a taste? we know we like things that are fattening. jon: ice cream. jenna: can we actually taste fat? if we can identify it can it help us lose weight? the science of all of that just ahead. plus, what is wrong with this picture? a whole lot apparently. the mom who has a lot of explaining to do about her priorities, next. jon: oh, boy. [ male announcer ] what's in your energy drink? ♪ wer surge, let it blow your mind. 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>> jenna, this study is really putting the brakes on the enthusiasm to give every healthy a person a aspirin a day to prevent heart disease. just as shows aspirin works to thin the blood and make blood flow better in the heart vessels and it may thin the blood to promote bleeding internally in the gi system and the brain. this study shows the same number of parishes that benefit from the heart prevention among people that don't have heart disease and are totally healthy. jenna: in the long term if you're someone taking aspirin for years, again this is potentially a risk for you, what would that mean? i mean what kind of problems could arise? >> for now it looks like people are saying, let's reconsider aspirin in totally healthy adults that don't have heart disease. i think we're going to look back, jenna, this will end up being a giant social experiment where we, for the first time in human history said, we're going to give a medicine, a drug, to normal, healthy people and recommend it for everybody and now, come around and say, it's not worth it in terms of the bleeding risk and not worth it in terms of the believed cancer benefit. so i think you will see a turnaround. jenna: nice to know when you're part of the experiment, you don't have to look back on it and wonder why i did that for so many years. you mentioned, doc, if you have a higher risk for cardiovascular disease that this is still something that some physicians think you should take. who, what actually determines you as a high-risk? because i think there might be some different definitions for what that is. and today does that mean you should still take your aspirin if you're taking it? >> well that's a good point. i think many of us still belief aspirin saves lives if you've had a heart attack or at moderate or high-risk. now the authors of the study didn't define it. they said talk to your doctor. generally believed if you're at moderate or high-risk. this study was double the number of patients used in previous studies to look at the prevention aspect of aspirin. so it is good data. jenna: any alternative to aspirin if you are high-risk or have been taking aspirin on a regular basis? is there something you should ask your doctor about for a alternative? >> not really for the heart prevention. the same reason it works to help your heart is the same reason it causes bleeding. there is unfortunately no good alternative to aspirin. i tell people, stick with an apple a day instead of an aspirin if they're totally healthy. jenna: doctor, we can do that. thanks for looking through the headlines. we appreciate it. >> thanks, jenna. jenna: an apple a day, right? an apple a day, right? do we have a natural taste for fat? what are the implications if we do? humans, all of us, have approximately 10,000 taste buds, up until 10 years ago, sweet, sour, salty and bitter were considered the four basic tastes you have. in 2002 everything changed. a taste for savory was added to the mix. if you fast forward a couple years, researchers found that people could detect the taste of fatty acids. a new study finds that people who are more sensitive to the taste of fat are less likely to be overweight. finding we have a taste for fat hold as lot of hope figuring out why some people put on weight and others don't and what potentially could be done by the. so that is something being worked on today. jon: is there fat in ice cream? i have a taste for ice cream. jenna: jon, i think there is. i hate to share it but i think there is. jon: we'll see. hey, just in. the shuttle enterprise arriving at its new home here in manhattan. enterprise was the prototype space shuttle, the one they first built and tested to see how it glided. now it is making the final leg of its journey on a barge in the hudson river. there you see in the lower part of your screen the intrepid, where they're making ready to bring aboard shuttle enterprise. laura engle is live at the scene and watch and hopefully take us all along as the enterprise gets hoisted onto the deck. laura? >> reporter: absolutely jon. it has been a spectacular sight all day longwith a lot of anticipation as we watch the space shuttle enterprise floating along the hudson river. we will give you a love look. my cameraman will show it there with the whiteout outer casing atop of the massive barge cruising to the final resting stop here at the intrepid museum. the shuttle was led by a monster of a crane with a 250 foot tall boom which towers over the river like a floating skyscraper this crane, we'll talk it right here, is capable of lifting 500 tons and has been seen in action along the hudson river for another high-profile lift when it was used to haul the infamous miracle on the hudson plane out of water, us air flight, 1549 with captain sully in 2009. the president of the intrepid is here with us right now. susan, you guys have been waiting for this for 3 1/2 years. you must be so excited. >> this is the most unbelievable day. i don't know if you can really describe it. yes it is the culmination of are three years of hard work to have the enterprise come here today. >> reporter: what is happening right now? we have this massive crane behind us. >> the crane is being put into position. the barge with the actual shuttle on it will be positioned next to her. this crane you were speaking about 250 foot boom can lift 500,000 tons while will lift her like a ballet up on the flight deck. >> reporter: never been done before? >> never been done before. don't expect to ever do this part again. we're very, very excited. we'll build an experience around here once she is up on the flight deck. >> reporter: how many people does it take to position this? this is massive crane. >> there are dozens of dozen of people on the crane. people on the tug that is here. we have tugs in our view with the barge with the shuttle. people on that barge. so you have dozens and dozens of people mastering this. >> reporter: exciting day here at the intrepid museum. we'll continue to bring you a live look as the shuttle swings around to get into position. jon, back to you. jon: i remember when the intrepid was commissioned. no space shuttle no nothing. what a museum it will be. jenna: how the team is feeling about the new addition and what it will feel like. hear is the curator the intrepid, eric bain. >> reporter: when you first found out about the enterprise would come here what do you think? >> i was really jazzed. enterprise being the prototype space shuttle my background in aviation and history, enterprise that is the plum. jenna: did you have to do a lot of rearranging? like massive furniture rearranging to get the shuttle on deck? >> are you kidding me? where we're standing there were airplanes all over this area. we rearranged entire flight he can d every airplane has been moved and repositioned. >> quite a process to get it here. first i thought it will fly, it will land on the intrepid. that was probably a little too simple. >> that is a little simple. she is going to make really wonderful fly-by here. land at jfk and after a few weeks we'll bring her around by barge and people will see her again. jenna: how long will it take to get her off the barge and onto the deck? >> literally moments really. but all the planning going into it has taken a year. jenna: the intrepid has such an interesting history with the space program. what can you tell us about that? >> most people don't realize that but intrepid has been combat ship for a long time. she's of course served in world war ii but most people don't realize her history through the cold war and the space race very important role. she recovered scott carpeter's mercury mission when he splashed down in the ocean and gemini mission of gus grissom and john young. so we do have some space history here. jenna: the story comes full circle, doesn't it. what we'll point out today we'll see the intrepid, i'm sorry the enterprise on the deck of the intrepid and then after that we're not going to be able to see that picture again because they will be building this airtight structure over the top of it to protect it from the elements. you will get that picture of the enterprise on the intrepid today. and they're going to try to put the structure up as fast as they can to make sure that the shuttle, you know, is protected from the elements. jon: it is part of american history. it is going to be there forever. jenna: very cool. jon: great. hey, there is a bizarre photo sparking outrage online. what is wrong with this picture and who posted it on facebook? 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[ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach. refreshing nutrition in charge! jon: well a bizarre photo getting a whole lot of reaction online. take a look. the colorado department of transportation posted it on facebook. a police officer took the shot during a routine traffic stop. why? you can see there the gas can gets strapped into the child's car seat, but the child, wearing only a diaper, is restrained with a regular seatbelt. the driver, who we hope was not the mother, was issued three citations. jenna: yikes!. priorities maybe need to be reexamined. jon: a little mixed up there. jenna: a popular brand of highchair is being recalled. rick is here with more. >> reporter: we're tracking the story from the newsroom. all kids with parents need to listen up this highchair can be converted to a toddler-sized table an chair made by a company called evenflo. there are the product in highchair form and table and chair form. the tray on the highchair can detach on its own lead kids to fall forward and fall out of it. there have been 18 cases of this happening. eight reports of children falling. thankfully no reports of any kids getting hurt seriously. just bums and bruises. consumer product safety commission not taking any chances. 35,000 were sold from this past december until now. if you have one stop using it immediately and get in touch with evenflo to get a replacement tray that won't come off on its own. they have a link to all the recall information on its website. you should check the model number of your chair against the model numbers on the company's site. they have all those numbers listed. the numbers are printed on labels on one of the legs of each of the high chairs. that's where you will find it. since there is a lot of numbers and this is a lot of information and this is very important regarding the safety of your kids, we don't want anyone to get confused. we'll put all the information on our website as well, foxnews.co foxnews.com/happeningnow. jenna: sounds good, rick. we'll look for it there, thank you. jon: continuing to watch what is going on in sort of midtown manhattan on the hutson river where the constitution later renamed shuttle enterprise, is being placed in a permanent home onboard the uss intrepid sea, air, and space museum. there sits the shut tell. what a beautiful shot. we'll update you straight ahead. 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[ crunch! ] jenna: happening right now, the space shuttle enterprise is arriving at its final destination, the intrepid sea, air and space museum in new york city, marking a new chapter in the shuttle's history. we want to talk a little more about this with tom jones, a former nasa shuttle astronaut and fox news contributor. tom, some amazing shots as we see the enterprise head toward intrepid to get lifted up there on the deck. tell us a little more about enterprise though. we know it never actually entered outer space. why is it, why is it such an important shuttle? >> well, jenna, it was the first space shuttle to be put together t was built out in palmdale, california. i got to see it when i was a air force cadet in the 1976. it took flight on five drops from the 747 to prove the space shuttle orbiter could land precisely when coming from space. those were crucial test flights, with pairs on board, astronauts on each one of those flights. jenna: without enterprise it would be unlikely we would have shuttles in outer space at this time? >> it would be tremendously difficult test flight to launch a shuttle not knowing whether it could make it back to a runway. that was entirely too risky. enterprise paved the way for the flights of colombia and their sister ships. jenna: what would people see with this thing? will they crawl around inside it? what can they do? we'll not be able to go inside the shuttle, tom but we'll be able to go up pretty close around it if anyone visits the intrepid museum in the future. what should we look for, if we get close to a space shuttle what are the some of the important things we shouldn't miss? >> well from the outside jenna you will see the crew entry hatch where crews climbed in on the launch pad and came out after landing. one of the funny stories about enterprise when gordon fullerton came back from one of the 747 tis flights he had to call out test hatch and hop 60 feet into the air to get out of the interprice. that was scariest moment. mock-up engines at tail and crucial fuel inlets and oxidizer inlets near the belly and rear of the orbiter. that is where the external tank was attached for spaceflight. you see all the systems attached to the enterprise. jenna: 60 feet? can you imagine? that is so scary. i can't even imagine that. jon: so much bigger than people imagine. you can basically, tom, if i'm right you can basically put a bus in the cargo bay of the space shuttle, right? >> that's correct. it is 60 feet long, 15 feet wide and can carry about 50,000 pounds of cargo including things like the hubble telescope. this the size of a dc of 9 airliner. people will be impressed when it is on the deck of the intrepid on the scale of the enterprise. jon: i didn't realize until i was looking at some of the history of this craft you hear it is a test orbiter or built of plywood or something like that. it is basically a real shuttle. they had all the guts and so forth. they were even considering sending it into space of a the challenger disaster but they decided to build endeavour instead. >> right. enterprise was built ruggedly with construction because they didn't understand the loads going to and from space yet. after challenger was lost nasa considered upgrading it to space capability but they felt a lighter, newer shuttle, turned out to be endeavour would be a better bet for them. jenna: tom, we last week were talking about spacex, the new private venture to get, a rocket into space. i was going to use the term shuttle but really more of a rocket to the international space station up there. as you see kind of the space program evolve and think about what's ahead as well i'm just curious how you see these two news items together? >> well it is good news that last week spacex and its dragon capsule were successful in their run to the station as these shuttles go to museums. we can see perhaps a glimmer how nasa can reopen the supply line to the space station and eventually in five years fly astronauts. i would sure like to see that process accelerated and have these commercial ships in service sooner than five years from now. jenna: tom, i know you're an astronaut but do you still go to museums and check out the shuttles? >> i live near dulles air price and the space museum where enterprise was on there for nine years. i will make the pilgrimmage up to new york to see enterprise at its new home. jenna: i'm curious if it gets old? i guess it doesn't? >> no. it was my companion in space and bringing me back to earth. these shuttles are really special to me. jenna: we appreciate your insights as always. we know how personal and special it is to you. thank you very much. we'll have all of this streaming by the way on foxnews.com so you continue to watch the process which quite an endeavor. obviously the shuttle has been through a lot in her lifetime. more than 30 years of service. catch that at foxnews.com. we'll have more coverage here on fox news coming up. c'mon dad! i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief. try alka-seltzer. it kills heartburn fast. yeehaw! can help make you a better investor. our new e-trade 360 investing dashboard shows you where your money is, live. e-trade pro is so usable you'll actually use it. and our apps are the ultimate in mobile investing. become a better investor at e-trade. 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 jon: i'm going to run to the hudson river, watch them lift the enterprise! jen sounds good! jon: thank you for joining us. jenna: "america live" starts right now. megyn: fox news alert, a new analysis in the epic political battle in wisconsin. and what the results of yesterday's vote means for democrats, republicans, organized labor, and the rest of this country. welcome to "america live" everyone, i'm megyn kelly, governor scott walker scored an historic win, beating back a recall effort only 18 month necessary the making. we have been going over the exit polls with chris stierwalt, one of the decision team folks at fox news who helps us research the returns and we will show you what we found in a minute. first we want to give you a chance to hear governor scott walker explain why he -pblgs the -- thinks the race wound up as it did: >> i want to tell you something else, just let me share with you a quick little story. last fall

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