gregg: if it works for pizza, it'll do it for burgers. we spared you the kardashian story -- jenna: i think we made a good choice. gregg: okay. bye-bye. "america live" begins right now. megyn: fox news alert, we have live pictures coming back from a desperate and dangerous search underway in italy. 96 hours after this luxury cruise liner crashed, at least 24 people may still be trapped inside. welcome to "america live," everyone, i'm megyn kelly. the death toll is now up to 11 after divers pulled five more bodies out of the reccage, all of them adults who were wearing their life jackets. this is incredible footage taken by the coast guard showing passengers slipping down the belly of the ship one by one using a rope. one of the survivors today saying the crew fled even before warning passengers that the ship was sinking.

today rescue teams used explosives to blast holes in the vessel l giving them access to parts of the ship that are difficult to get to, but the conditions are very dangerous. no power, cold temperatures, moving debris. italian officials say the ship has shifted, and any moment it may move. raising fears that hundreds of thousands of gallons of fuel onboard could possibly leak out. greg burke is streaming live to us from italy's west coast. greg? >> reporter: megyn, you know, it's been four days since this happened, and in some ways the disaster just keeps getting worse with the new details we're getting. today, for example, it was a big day for the cap chain -- captain, and not only in court. although he did have a hearing there, he was questioned by an investigating magistrate who will decide if he is charged, possible charges manslaughter, causing a ship have been wreck and also abandoning a ship. incredible audiotape where you

hear the coast guard pleading with him to go back and help passengers. >> translator: i'm in the lifeboat under the ship. i haven't gone anywhere, i'm here. >> translator: what are you going? >> translator: i'm coordinating. get onboard the ship and coordinate that it the rescue onboard. >> translator: are you refusing? >> translator: no, i'm not refusing. >> translator: te me the reason why you are not going. >> translator: i am not going because there is another lifeboat that has stopped. >> translator: get onboard, this is an order. now i am in charge. >> reporter: now, rescue operations do continue into the night here. the death toll up to 11, two dozen unaccounted for. that number has gone up and down. people say there's some glimmer of hope some survivors could be found, but time is certainly running out with the temperatures, both the air and the water temperatures, and the

difficulty of that rescue both in day and night, although they were helped today by pretty calm waters and were able to get in the ship and do a lot of work. now finally, megyn, two more things on that captain, interesting things. another part of that tape shows the coast guard guy telling him, you know, i'm taping this. you're going to pay for it, certainly threatening him there. and the other thing we learned, schettino was hired by this company initially as someone in charge of safety on a ship. imagine that. megyn? megyn: wow, that's irony for you. greg burke, thank you. we have gotten our hands on some brand new underwater images showing a diver inside the cruise ship after it ran aground. we are told that the ship's hallways, cabins and dining rooms are similar now to caves but much more dangerous. later this hour, we will speak to an expert diver who will tell us what these rescue teams are dealing with right now in italy. i thought a few days off,

you know, i'd come back on a tuesday and maybe we'd have our old music back, but no. mitt romney is on a roll, folks, and picking up steam heading into saturday's primary down in south carolina. take a look at the most recent numbers from abc news and the washington post. mitt romney now up 35%. newt gingrich in second, this is according to this one poll at 17%. and that give romney almost a 20-point lead over the rest of the pack. gingrich and ron paul, by the way, in basically is statistical tie and santorum very close behind, rick perry a little further back. that, of course, was before last night's big fox news debate. it got heated at times, the candidates definitely taking a sharper tone. listen to this particular exchange between newt gingrich and moderator juan williams who asked about some racially-sensitive remarks -- or insensitive dependent on your view -- from the former speaker. >> speaker gingrich, you

recently said black americans should demand jobs, not food stamps. you also said poor kids' lack of strong work ethic and proposed having them work asean to haves in their -- as janitors in their schools. can't you see this is viewed at a minimum as insulting to all americans, but particularly to black americans? [applause] >> no, i don't see that. megyn: we put together a panel of nine republican voters, and i asked them what they thought about that. moments ago, we did this right before the 1:00 hour. here's a little of what they had to say. let me ask you, first, a show of hands; game changer for newt gingrich, yes or no? yes? why are you shaking your head? >> because he is the worst messenger we could ever have. he's a rich, old, fat white guy. look, seriously, because juan williams --

[laughter] megyn: i object to some of that, i guess. well, you can see the entire interview with our panel next hour. but first, in about ten minutes presidential candidate and former pennsylvania senator rick santorum will join me life. i will -- live. i will get his thoughts about the debate and the upcoming south carolina primary. meantime, it is a very big day in wisconsin where the governor is in a fight to save his job. opponents of of republican governor scott walker are filing their petitions today to force him to face a recall election. walker was thrust into the national spotlight last year when he took on the state unions, he says, to try to solve wisconsin's billion dollar budget shortfall. but this recall drive could cost $9 million, they say, to the taxpayers of the state, and holding a special election could be another nine million. united wisconsin is the group heading up this effort. so far it has raised about 300,000 dollars.

rebecca clayfish is the lieutenant governor of the state of wisconsin. thank you so much for being here. so the numbers, it looks like this'll be a pretty costly thing if it happens, but the folks behind the recall effort say that's how important it is to them to get rid of governor walker who they say is just unacceptably anti-union, what say you, sir -- ma'am? >> megyn, when you take a look at this, it is nothing more than a $9 million power grabby out-of-state unions and interests that don't reflect the will of the people in the state of wisconsin. of we expect them to turn in a great number of signatures today. there is no doubt about it. against the governor and against myself and against four separate state senators who actually stayed and represented their constituents while our democrat caucus, you'll remember, escaped across state lines so that their con stitch wents weren't represented -- constituents weren't represented during one of the most important debates in wisconsin history.

of you know, there's a panel in the governor's conference room, it says the will of the people is the law of the land. and the majority of wisconsinites elected the governor and i to make some tough decisions in 2010. that's exactly what the governor did. we had a $3.6 billion budget deficit, and now we're projected to have a $300 million surplus. the governor made some tough choices, had to have some serious political courage, and this is what we have coming up. megyn: now, it looks like this group that's behind the effort says it's got the number of signatures they need, 540,000 and change, they say they're aiming to gather over 700,000 in case there are challenges, but that's not the end of the story. if they get the signatures, then two months to verify they have the number of signatures, then ten weeks until a general election takes place where governor walker has to run again. but right now the democrats don't have a candidate to run against the governor, so, you know, how do you like your

chances at this point when it looks like they'll have about four months at best to find the person to go up against scott walker? >> well, megyn, you make a great point. but the fact of the matter is whoever they end up choosing, the person that's going to have one thing in common, all the candidates that they have in their pool right now have one thing in common, and that is they will be hand-picked by out-of-state union bosses and interests that don't represent the people of the state of wisconsin. the governor has delivered on his campaign promises. that was to make sure that we had a balanced budget in the state of wisconsin. did you know that before we took office we actually had the eighth worst per capita deficit in the entire country? now we have no deficit. in the years previous, under the previous administration for the last five years we had 5% tax increases. we couldn't afford that. the folks in wisconsin, the hard working families, the taxpayers said, you know, listen, we're going through this deep

recession, we can't afford more tax increases, and this year for the first time people were going to their mailboxes, opening their property tax bills and saying, my goodness, my taxes have gone down. thank you, governor walker. megyn: yeah, but -- >> we think that's exactly reflect inside the electoral results. megyn: last summer six republican state senators and three democrats faced recall elections, and two republicans did lose which left the republicans with just a one-vote majority in the senate, so there's a question about how wisconsinites really feel about what we saw happen last year. we'll have to wait and see. as i say, it takes over 540,000 signatures, and that just gets you the vote. by the way, before i let you go, if governor walker gets recalled and loses, do you go, too, or do you get to stay? >> no, it's separate, actually. they have collected signatures against each of us separately. but i will say that we have a silent majority that is absolutely behind us here. we have the majority who elected

us in 2010, we're expecting anywhere between 720 and 740,000 signatures, well short of the number that they threw out in the beginning which is about a million signatures. we have 5.6 million people in the state of wisconsin. we won't be steam rolled by a vocal minority. megyn: lieutenant governor, thank you so much for being here. >> my pleasure. megyn: all the best. well, the gloves come off just days before the south carolina primary. feisty exchanges between rick santorum and ron paul. did the former pennsylvania senator convince voters to coalesce behind him? [applause] straight ahead, senator santorum joins us live. plus, one school district now tracking children's weight, their vital signs, their exercise with electronic monitors. is this big brother run amok or a big step forward in fighting obesity? and "newsweek" is asking why are obama critics so dumb? wait until you hear how some of

those critics are responding. that hot debate up next. ♪ you know when i grow up, i'm going to own my own restaurant. i want to be a volunteer firefighter. when i grow up, i want to write a novel. i want to go on a road trip. when i grow up, i'm going to go there. i want to fix up old houses. [ female announcer ] at aarp we believe you're never done growing. i want to fall in love again. [ female announcer ] discover what's next in your life. g this free travel bag when you join at aarp.org/jointoday.

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i've worked hard to get to where i am... and i've got better aces to go than always going to the bathroom. so take charge of your symptoms by talking to your doctor and go to vesicare.com for a free trial offer. megyn: well, the possibility of armed conflict with iran is greater than ever today. that is according to a group of top u.s. military analysts who say all the recent tension in the region could lead to military clashes. they say the last time the u.s. was this close to military action was 1988 when iran laid mines that heavily damaged u.s. ships in the persian gulf. back then the united states retaliated by destroying iranian oil platforms. coming up in our next hour,

michael reagan, whose father was president at the time, joins us to discuss when the current administration can and should follow a similar course in hopes of avoiding an all-out military conflict. ♪ oh, and they've run it every time. it's like we have to listen to it several times a show. i'm sorry. well, "newsweek" is stirring up a firestorm with its latest cover story entitled, quote, why are obama's critics so dumb? now "newsweek"'s critics claim that the mainstream media's crossing a line trying to get the president reelected. joining me now, syndicated radio talk show host leslie marshall and editor of the national review, rich lowry, also a fox news contributor. leslie's in studio which is very exciting. we just see her head on the satellite, so i will met you start. andrew sullivan they have who is a self-described, unabashed supporter of obama from early 2007 on.

they have him write the cover article for "newsweek," why are obama's critics so dumb? think that might get through to the critics? >> well, i think what he's done has definitely captured our attention, and "newsweek" might, you know, sell some more magazines which is what it's all about. how many people didn't know andrew sullivan's name that didn't know it yesterday? i don't like the use of words, but even i have been called worse. it seems to me he's not just angry with the critics of the right, he's definitely angry with the critics on his left, and it's his right to call them dumb, and it's the critics' right not to be happy with the president. megyn: it is his right, but is it smart? is that the way you get through to people, by calling them stupid? >> i'm a magazine editor, so i know how this works. tina brown put the word dumb on the cover for explicitly this reason -- megyn: and maybe more than four people would be reading "newsweek." that would be exciting. >> it's what you hear from the

white house briefing room, basically, every day. and, look, andrew sullivan is not the best arbiter of who's being reasonable or not -- megyn: he's not? >> obsessed for years that there's some conspiracy and trig palin is not sarah palin's child. megyn: does "newsweek" have some obligation to put an actual journalist on its lead reporter as opposed to someone out there like that? >> no, i don't think so, quite frankly. megyn: do the american people need to know that, that's who's writing this? >> well, the american people have the ability with google. megyn: most people assume it's a real journalist who's going to actually report the news -- >> i think that was a long time ago. >> i actually agree with you there. >> "newsweek" has been the house orphan of the obama administration from the beginning and, basically, it is a weekly opinion magazine that leans to the left for a long time. megyn: self-described though?

because i tell you what, i think my mom and step dad don't know that -- >> i'll give 'em a talking to. i'd be happy to. >> no, i'm going to chat first. i think that nowadays people are just more skeptical of everything that everybody writes, skeptical if there's a slant whether it's left or right, thinking less that, you know, used to be years ago if it says it in the newspaper, it's true, right? megyn: yeah. but what about this article, and you point out that he rips on the left because he doesn't like any of obama's critics. he thinks it's all unfair. he says you're wrong, you're stupid, and you just basically need to get better informed because he's got the empirical facts, and the facts are that obama has deliver inside a way that the unhinged right and purist left have yet to understand or absorb. we have heard some folks say this before, kathleen sebelius told us we just don't understand. the american public doesn't understand what the administration is doing in particular with the health care law, and that's why the poll

numbers on it were so low. i don't know, you tell me, did that not alienate the very group you're most hoping to convincesome. >> i don't disagree there's some alienation, but it's not as much understanding sometimes there are just facts on the left and the right, nobody likes to admit it. if john mccain were president, would unemployment be 5%, and if you say, yes, somebody's going to bring you some cash. the reality is if president walked on water, mitt romney would say it's low tide right now. people on the right have a responsibility to rip him, and voters are going to even on the left rip the president. but at the end of the day measure. megyn: what about the central premise of his piece which he says president obama is not an i'd log, that he's in the middle; he's been a centrist, and that he's accomplished all the goals he said he would, he actually didn't promise to move the heavens and earth, he's done what he said he'd do? >> well, there's a deep

contradiction because he says conservatives are wrong to say president obama's succeeding in moving the country to the left, and then he says his left-wing critics are wrong not to realize he's succeeding moving the country to the left. he got the biggest possible stimulus he could, then he got the biggest possible health care bill he could, and then he got the biggest possible financial regulatory bill he could. and those things, they weren't the liberal ideals, but that's because he couldn't possibly pass them. but he moved the ball as much to the left as he could, and i think both conservatives and liberals should be able to agree this has been the most consequential burst of governmental activism since the great society. and we don't like that, and liberals do like it, and that makes the world go around. megyn: and we'll leave it at that. great to have you both here, rich, leslie. all the best. coming up, rescue crews are now scouring the underwater wreckage of a massive cruise ship searching for survivors as a storm now heads this way.

new wornings that the -- warnings that the ship could move around at any moment. an expert diver joins us live. plus, why walking around with your headphones on could actually kill you! also, the search for a missing montana teacher turning into a recovery mission where police are now looking for her body. stay with us. okay, team! after age 40, we can start losing muscle -- 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor?

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megyn: scientists are now confirming an invasion from mars. no, not the little green men, but meteor rights from the planet's surface. they say chunks of martian rock fell over morocco last summer, the largest walking about two pounds. that would likely hurt if it landed on your head. this is only the fifth time scientists have chemically

confirmed martian rocks on earth. millions of years ago something smashed into mars sending fragments hurling into space, and occasionally some of them fall to earth. and a new warning now for people who rely way too much on their headphones. a new study finds pedestrians who are regularly plugged into electronics are now three times more likely to die. trace gallagher live in los angeles. trace? >> reporter: you know, megyn, it was an emergency room doctor from the university of maryland medical center who decided to conduct this study after a local teenager was killed by a train. the teen was wearing headphones and never made any attempt to get out of the way of the train even though the train's horn was sounding. so the doctor gathered some other researchers, they went back and looked between 2004 and 2011, and they found 116 different incidents of people who were hit by trains and other vehicles while wearing headphones. 116.

that's a 300% increase from the six years prior to that. kind of goes hand in hand with the explosion of the number of people using ear buds, right? these things are built into sweatshirts and jackets and backpacks. they found that most of the people who were hit were young men under the age of 25. he's the lead doctor -- here's the lead doctor. >> whenever you're, like, running or, you know, walking around or listening to music, you're allocating some of your brain to listening to that music, and the other part's doing the activities that you're doing. and you really can't do both of those things at 100%. >> reporter: the doctor goes on to say the research shows a lot of people really focus on distracted driving because it is a huge cause of accidents, but they forget about distracted walking, and that, too, can be very dangerous. they're not trying to get any laws changed here, megyn, they're simply giving parents kind of a heads up and young people a heads up to be on the

lookout, and you can't crank these things all the way up because it's distracting and, clearly, it takes your focus off what could be a very dangerous thing coming down the road. megyn: absolutely. trace, thank you. >> reporter: okay. megyn: passengers on a transatlantic flight over the middle of the ocean wake up at 3 a.m. to a terrifying announcement. we will shortly be making an emergency landing on water. but wait until you hear what happened next. plus, one school district now tracking kids' weight, their vital signs, exercise, all with electronic monitors. big brother run amok or a big step forward in fighting childhood obesity? okay... is this where we're at now, we just eat whatever tastes good? like these sweet honey clusters... actually there's a half a day's rth of fiber in every ... why stop at cereal? bring on the pork chops and the hot fudge. fantastic. are you done sweetie? yea [ male announcer ] fiber beyond recognition. fiber one. hey, i love your cereal there--

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megyn: we are watching a developing story in washington where occupy protesters are gathering outside of the capitol right now. they are rallying as house lawmakers come back after the winter recess. so far one person has been arrested, charged with assaulting a police officer. the white house now says it wants to see new action on tackling alzheimer's disease, the administration putting together a plan it hopes develop more effective ways to treat the illness by 2025. and americans are holding on to their cars and trucks longer. a recent survey says the average car on the road is about 11 years old. the economy and high unemployment causing more folks to delay buying a new vehicle. ♪

megyn: congressman ron paul and senator rick santorum locking horns in south carolina at the big debate last night, each with a second place finish, san roar tunnel in iowa -- santorum in iowa and paul in new hampshire. south carolina could make all the difference for either candidate, so recently their barbs have been aimed as much at each other as mitt romney. take a listen to this exchange from last night. >> do you agree with governor huntsman that these attacks should be abandoned? >> they should be abandoned if you're not telling the truth, but if you're exposing a voting record, i think it's quite proper. there was one ad that we used against senator santorum, and i was -- i only had one problem, i couldn't get all the things in i wanted to say in one minute. [laughter] >> throughout his entire ad, he quotes a lot of left-wing organizations. well, of course, left-wing organizations say a lot about things about me. i would expect them, and i wear that as a badge of honor, not

something that i'm ashamed of. megyn: joining me now, former pennsylvania senator and presidential candidate rick santorum, he's streaming live to us from south carolina. senator, welcome back to the program. >> well, thank you. it's good to be here. i'm at the aiken republican club here, third speech here before a packed house. megyn: it is a busy week. i want to talk about that exchange you had with ron paul because he's got this ad, and you know, you heard him, he stood behind it. he was saying he wished he had longer times so he could have said more hinges about you. we looked at a couple of the specific allegations. he said you voted five time toss raise the debt ceiling. sounds like you did anytime that. he said you were even for the bridge to nowhere. now, i want to talk to you about that because we get a lot of e-mail. you did vote for this thing. it was almost a $400 million earmark, basically, that was going to go to alaska to help build this bridge which may have been necessary, but a lot of the

federal taxpayers are saying why would we have to pay for that, and why would senator santorum who's supposed to get, you know, our economy turned around and be a little more conservative when it comes to spending have supported it? >> well, as you know, megyn, this was an earmark within a pot of money that was going to alaska. every, every year we spend money on transportation projects, a pot of money goes back to the states, and sometimes it goes through the federal department of transportation, other times it's basically at the discretion of the state. and occasionally what the member of congress would do who represents that state would say that i believe in this as a priority for my state, so we're going to take the money that's going to the state already and say we're going to spend a portion of this money on this program. and my determination on all these projects is if this is money that's going to the state and the senator from the state says this is where i want to spend that money, who am i in pennsylvania to tell the people in alaska or the senator from

alaska what the priorities of the sate of alaska should be? and so the issue is not whether, how to allocate those monies and, by the way, the bridge to nowhere as people called it was never built -- megyn: because of the public outcry, wasn't it? >> it's important to understand that the -- what's that? megyn: it was never built after the public poor record, and the federal taxpayers were so outraged that they got pinched for that number. >> well, no, actually, it wasn't built because sarah palin decided she didn't want to build it. the people of alaska decided to reallocate that money in some other direction, and that's exactly what should happen. if senator or congressman who earmarks a project and the state gets that money back and they say, no, i don't want to spend anytime that area, they're free not to spend it that way. it really is important that the earmarks which is less than 1 % of the budget is not the problem, it's holding down spending. ron paul criticizing me on

earmarks, you talk about the pot calling the kettle black, he was the number four earmarker in the united states congress the last four years. the only difference is he earmarks bills and doesn't vote for them and says he's for lower spending. it's hypocrisy. the bottom line is i've been the toughest guy on cutting those appropriation bills, i've been the toughest guy in reforming entitlement programs, to focus on earmarks as ron paul even said is grandstanding without any account, and here he is grandstanding. he criticized john mccain during the 2008 election, and now he's playing the hypocrite in his own ad. megyn: i want to give you a chance to respond to one other allegation in his ad that you didn't get to talk about last night, and in his ad he says senator santorum even admitted, quote, i'm no longer a deficit hawk, i had to spend the surpluses. and it does look like you said i am no longer a deficit hawk, i'll tell you why, i had to spend the surpluses.

deficits make it easy to say no. do you have some context to offer to that? >> yeah. well, it is a huge context to it. what i said was that when we run a deficit, it actually makes it easier when you're running a small deficit. i'm not talking about the deficits we're talking now. back then we were running very small, less than $100 billion deficits. and i said when you're running a small deficit, what happens, it's harder for guys like me who are trying to hold down spending when you're running a surplus because everybody says, oh, there's lots of money. so we blow the door off spending because there's a surplus. so what aye said is, actually, if government can run a balance or even a slight deficit so there's pressure not to spend, it actually makes it easier for those of us who are the deficit hawks -- the spending hawks to hold down spending. when surpluses happen, if you look at the years when the surpluses happened during the clinton administration, spending

went through the roof. why? because the money was there. that's why it's important, in my mind, to have a balanced budget amendment where the money is required to be the same as it comes in instead of having opportunities for members of congress to spend the surpluses which, unfortunately, they did and then some. megyn: hmm. let me ask you about south carolina this weekend, senator, was you're not, you know, polling at the very front right now and, you know, you never know what's going to happen, but if polls are right, you're not going to finish first or second, if polls are right. will that lead you to reconsider your role in this race, and what should the american people be thinking if they see you come in third, fourth or so on in this race on saturday? >> well, it's funny because, you know, the other person many this race who's vying for the anti-romney title finished fifth, excuse me, fourth in iowa and fifth in new hampshire. i finished tied for first in iowa, and i finished ahead of him in new hampshire, and all of a sudden, you know, there may be

a chance -- and i don't think it's going to happen -- that in south carolina he may, and he's spent, obviously, a lot more time and money than i have, and he's from a neighboring state -- megyn: talking about newt gingrich, for folks at home. >> i don't think he will finish ahead of me and all of a sudden i have to reevaluate. you know, we're 2-0, and we may have a victory in iowa here in the next day or so that may change this dynamic yet again. the bottom line is we've been able to be the romney alternative in the first two states against all odds. i have, i like our chances here at this point in time in iowa we were way behind, same thing with new hampshire, we were not ahead of congressman gingrich. i'm looking for a strong close here in south carolina too. megyn: and, folks, he did not misspeak, the iowa results are still being counted, and there is now a real possibility that senator santorum may have won that state. when he said i may have won

iowa, he didn't mean south carolina. would it be a little bittersweet to find out now that you actually won that state? >> it'd be awesome to find out now. what better time to get a little bump in winning iowa? look, we know they're down to the last few precincts they're counting, we're told it's very, very close, and we're optimistic that we can pull out a win here and stop this narrative that the inevitable is going to happen, that because you win an 8-vote victory in iowa and you win a vote in massachusetts where 53% of the people that voted in the primary weren't republican somehow you have a mandate to be president of the united states? it's silly. this nomination's going to be decided over the course of the long process. i understand why mitt romney wants this thing to be over soon. it's not going to be. megyn: senator santorum, thank you so much, sir.

>> thanks, megyn, great to be with you. megyn: all the best. he's got the sweater vest on, and you can buy those on his web site for $100, i'm told. a dark and dangerous mission going on inside the wreckage of an italian cruise ship. these are live pictures. look at this. we will speak to an expert diver about what these teams are up against at this moment as they desperately search for survivors. plus, a big story developing on our southern border as the obama administration takes a new, tough stand on illegal immigration. that is at the top of the hour. and you heard 'em talk about it at "happening now", the drive through, apparently, is not convenient enough, and now you can get a whopper, fries and a supersized soda delivered right to your front door. is that a good idea? >> what's shaking, kids? >> who's that? >> meet sir shake-a-lot. >> drink and shake is my game. try bayer advanced aspirin.

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megyn: there is bad news on top of tragedy this hour as a storm tracks straight toward the italian coast as rescue teams struggle to find survivors in the wreckage of a massive cruise ship. we've got new images from the search teams inside the ship as they search countless cabins and narrow corps terse, they can hear the creeking steel and know the ship can move at any time. joining me now in -- ian mcdonald. thank you so much for being here. how dangerous is this recovery mission, this rescue and recovery mission that the divers are going through right now? >> it's very challenging. i'm sure they're taking all precautions, but they're really in a very challenging situation, and there are things that could go wrong. one of the things that makes diving in the mediterranean so spectacular is you have these steep cliffs where it goes from shallow water and drops off to hundreds of feet deep, and that

cruise ship is hanging literally on the edge of one of these shifts. so bad weather or a shift in the ship could make the whole thing slide into deep water. megyn: do we know if there's anything that can be done to prevent that from happening so they can protect the lives of those on the rescue in addition. >> i'm certain that they're planning to try to anchor it with cables or keep tugboats to keep it from sliding off, but we don't know exactly what the salvage group will be doing. i'm sure they're working at this very hard. megyn: ian, they say they are working underwater right now in pitch blackness. we look at live images of the ship and folks coming up on you can see on screen left now in front of the ship, how do you do a rescue mission in pitch darkness? >> it's like a combination of wreck diving and cave diving, and add to that you have all the floating debris from all the furniture and other wreckage

that was upended when the ship went aground. so they have to be very careful. what they're doing is blowing holes or cutting holes into the side of the ship to allow the divers to access the interior cabins more readily from the outside so they don't have to thread their way through the core doors. if you've ever been on one of these, it can be very difficult to figure out where you are, what level you're at. so these divers are really being very brave trying to carry out this recovery operation. megyn: and this is all happening so quickly. we can presume that these divers don't have some elaborate map of the ship that they take with them underwater. i mean, it is basically just going in blind and looking for anyone in distress? >> oh, i'm sure they're not going in blind. i'm sure that every dive is very carefully planned, and they have an entrance and an exit strategy worked out, that they're tending their divers with ropes, i imagine, when possible. so they are working on this very carefully. the other concern, of course, is to try to get the fuel off.

where the costa went aground is right in the middle of a marine protected area, so if ship were to sink and the tanks would start leaking, that would add another misery to this very difficult situation. megyn: i know you believe that the ship is in the worst possible position right now. why? >> well, it's hanging on like a knife edge. the water where it's sitting is about 50 feet deep, more than half of the 1500 cabins are submerged. but if you just move offshore a couple of hundred feet, the water drops down to well over 250 or 300 feet, so that whole ship could, if it slipped a little bit, the whole thing could go underwater, and that would mean the divers wouldn't be able to access the fuel tanks where the fuel is, and they'd have a much more difficult time of getting into the ship, not to mention the movement would dislodge everything and jar everything loose. so it's very challenging. the weather bearing down on them is difficult. but the good news is that

they're right next to a port, so they have access to a lot of ships and support material, and also where the ship did go aground is protected, it's between the outer part of the mediterranean sea and the coast of italy. so they will get some protection from the waves and the wind when this bad weather reaches them. megyn: wow. they, you know, they remind me of firefighters who run into danger as opposed to away from it. that's quite a mission that they are undertaking. i know you say we are still within the survival window. let's hope you're right, let's hope they rescue some more folks. 28 people remain missing, though that number may have changed a bit because they've adjust can withed the death toll today to 11. ian, thank you so much. >> thank you, megyn. megyn: well, passengers on a transatlantic flight over the middle of the ocean wake up at 3 a.m. to an announcement telling them it's an emergency, and they're about to make an emergency landing on water. wait until you hear what happened right after this. plus, i'll sit down with a panel of nine republican voters

to discuss the very heated exchange at last night's debate between newt gingrich and fox news contributor bonn juan williams about entitlements in america. their can't-miss responses coming up.

megyn: well, passengers on an overnight flight from miami to london getting the scare of their lives, waking up to an announcement telling them to brace for immediate impact into the ocean! only to find out it was all a big mistake. trace gallagher live in l.a. i heard julie and jenna talking about this earlier, and one said can you imagine anything worse? and i said to myself, yes f the flight actually was going into the ocean. >> reporter: if it did go down, exactly. a flight from miami to london, three hours into it you are dead center over the atlantic ocean.

you're sleeping, and all of a sudden you hear, you know, ladies and gentlemen, we have an emergency, we are about to make a water landing. please, brace yourself. i mean, the passengers onboard this plane said people were freaking out. that's a quote. some of the children were crying, people were very distraught, and then they said the crew kind of came on matter of factually and said, disregard the last statement, we didn't mean that. one guy said, and i'm quoting here, imagine yourself plunging towards a cold, watery grave in the middle of the atlantic. it's a pretty horrific thought, and they just seemed very blase about it. well, british airways has come back saying the cabin crew canceled the announcement immediately and reassured customers that the flight was operating normally. we apologize to customers for causing them undue concern, though we should point out some of those passengers said it took up to 30 seconds for the crew to come back on and say, oh, disregard the last message. we didn't really mean that. that was kind of the wrong

button being pushed. but that, british airways is saying, no, no, it was corrected immediately over the middle of the atlantic ocean. harrowing, i might add. megyn: i think i'd be dead of a heart attack, so it wouldn't matter whether we were really going on. i think i'd be gone thanks to my nerves. trace, thank you. >> reporter: okay, megyn. megyn: can you imagine the flight attendant? oh, it's the wrong button! oh, man. coming up, top military experts are warning the possibility of armed conflict with iran is greater than it has been in years. how president reagan dealt with a hostile iran back in 1939. and just ahead -- 1989. and just ahead, michael reagan will join us on the lessons we can learn from his dad. plus, the obama doing a complete 180, taking a tough new stand on a particular aspect of immigration enforcement. what they're doing now to keep illegals from crossing the border. and shocking new audio recordings of an exchange between the captain of that sinking cruise ship we just

discussed and the coast guard. the captain making excuse after excuse as he repeatedly is ordered to return to his ship. what should happen to this guy? that's on the docket in kelly's court. >> translator: you get onboard, this is an order! you need to continue the rescue. you called the evacuation, now i am in charge. you need to go onboard the ship. when you have diabetes... your doctor will say get smart about your weight. i tried weight loss plans... but their shakes aren't always made for people with diabetes. that's why there's new glucerna hunger smart shakes.

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megyn: new details on what could be the biggest shift on border policy since they first broke ground for a ferns. i'm -- for a ferns. we are getting word that the obama administration is taking steps for border enforcement. there could be a stiffer punishment, especially for repeat offenders. the key words are "could be."

>> reporter: the president deserves some credit, but so does george bush. he deserves a thank you. there is no way the border patrol could not be undertaking this new policy if not for the manpower and money bush through at the border. that was somethinged obama opposed. the border patrol used to arrest 2,000 people a day. that's down to 300, an 80% decline thanks in large foort this new policy the administration wants to roll out nationally. instead of catch and release. back to mexico on the bus in minutes. now they are color code on a scale of 1-5. children would be returned to the nearest city. first-time offenders are bussed 500 miles away, then returned to mexico. that disrupts the smuggling

cycle. instead they have got to go home, raise another $3,000 smuggling fee and they are out of commission for maybe a year. then you have multiple offenders who will be detained and prosecuted. those are criminal records will be flown back to central america or mexico city. smugglers will be prosecuted in mexico. so the border patrol has used these tools in different places at different times in the past. now they are putting them together in this national policy. what does it mean for the immigration debate? a lot. those who favor amnesty means a more secure border means we can start talking about comprehensive immigration reform and the administration can use this to counter on those who say they are light on illegals who don't commit crimes.

either way it will be an immigration issue. megyn: police in mexico may have nabbed one of the country's most violent drug lords accused of running a ruthless cocaine distribution network. his make name, "he kills" in english. he's linked to at least 10 murders including one of a police officer back in 2010. la familia is the prime exporter of cocaine to the united states. fox news alert. brand-new poll numbers shedding light on the state of play ahead of saturday's south carolina primary. according to rasmussen reports, romney is at 35%, gingrich, 21%,

and santorum is third at 16%. the rest of the field trails by significant margins. can any of the gop rivals stop romney's momentum? scott, welcome. you are showing mitt romney is 35%, which is up for him by 7 points from what, january 12? >> what happened? jon huntsman got out of the race. all his support went to mitt romney. nothing else changed. all the numbers in this poll very, very similar except that huntsman support. megyn: so it's basically the huntsman support went to romney. but what does that tell you, scott? we have been talking so much about south carolina, the ad wars and how mean and ugly it

has been getting. does that suggest it's not having impact or anybody else since they are not moving? >> people are starting to make up their mind. they have gone through iowa and new hampshire. it became clear the bain capital attacks didn't very much of an impact on romney. 55% think his record there is a reason to vote for him. overall i think what we are seeing is the same dynamics. huntsman supporters were always closer to romney. now there is a group of people who want somebody other than mitt romney but it's divide. megyn: based on the polling you are seeing so far, if all of these not romney candidates could coalesce, say two of them dropped out. you know, paul is in a league of his own. do you believe based on the polling numbers you have seen that one of those three men could pose a legitimate

challenge to romney:all three of them got together and coalesced behind one guy? >> if perry and santorum got out gingrich would be competitive with romney in the early pollings. it ended up half for romney and half for the other candidate. but you are making a big assumption that two of those three challengers decide to get out. this poll we are talking about was conducted just before last night's debate. all said that speaker gingrich had a tremendous debate. he was really sharp last night. he's saying i'm the alternative. one third of the voters in south carolina say they could change their mind. some might make gingrich the candidate with the late surge. but as long as the candidates are dividing that not romney vote, romney is in great shape. going to florida he's likely to be in great shape. megyn: scott, thank you so much,

sir. a heated exchange that last night's fox news debate between newt gingrich and juan williams. take a listen. >> speaker gingrich, you recently said black americans should demand jobs, not food stamps. you also think poor kids' lack of strong work ethic and propose having them work as janitors in their schools. can't you see this is viewed at a minimum as insulting to all americans but particularly to black americans? >> no. i don't see that. [applause] megyn: how is this playing with voters? we asked nine ordinary folks based here in new york city, they are republicans. and the fascinating results of our focus group just ahead. the city of gnome, alaska be cut

off by thick sheets of ice. today that very same ice is helping them get much-needed supplies. 1988, president ray began sends a strong message to iran, nearly wiping out that country's navy after a u.s. warship was hit by an iranian mine. what president obama can learn from operation preying mantis. a fox news alert. we are just getting word that the captain of that italian cruise liner is now under house arrest. there had been some suggestions to that effect. now we are getting word he has been placed under house arrest. we have been telling you how he should have been the last one to abandon ship, instead the captain of this doomed ocean liner that ran aground off the coast of italy was apparently one of the first people off, despite orders by the coast guard to get back onboard his ship. he refused.

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megyn: the chairman of the joint chiefs of staff martin dempsey is expected to arrive in israel sometime within the next 48 hours. he will reportedly meet with top israeli military leaders about growing tensions in a showdown with iran. back in 1988 a u.s. warship hit an iranian mine. president reagan sent a message to iran with operation preying mantis. now some say it serves as a history lesson. michael reagan joins me now. the president, your father was put in a dangerous situation when in an effort to avoid other iranian mines, there were three

they detected, our sailors pulled back and hit a fourth. 10 were injured and the president was faced with a decision on what to do. should he foe all out or take a more controlled approach and he chose the latter. >> he did choose the latter. the ship hit that mine and it started the process in 1988. the president had to make a decision. he made the decision for a more controlled response. this took six days to take place operation preying mantis until we wiped out what was their iranian navy. he didn't go to the united nations or ask permission from a lot of people. he decided to defend the citizen of the united states who were on the sam robertson.

at the same time telling the iranians we mean business. peace through strengths is all these people ever understand. that's why they let the hostages the day my dad was sworn in. the left is so sold the world that ronald reagan was a cowboy and would press the button and start world war ii. my father never said he wouldn't. when he was sworn in the iranians gave back those hostages. he always said he would be strong and protect american interests around the world. he did it with libya, the mad dog of the middle east. that mad dog moniker now belongs to mahmoud ahmadinejad. megyn: at the time when your dad was president it was the chairman of the joint chief that said let's go after the iranian warships. your dad said i don't think so. i want to take a lesser approach of going after their oil

platforms that had been used for command and control purposes. it did escalate from there. but that was the more limited approach your dad chose. if we did anything like that today, the full scale, the shorter scale, there would be such political controversy on it, even though today military analysts are saying the likelihood of military conflict between the united states and iran is higher now than at any time since operation preying mantis. do you see any option for president obama militarily? >> if he closes the straits of hormuz which has been told about it iranians, then you are going to have to do something, you are going to have to act. the chairman of the joint chiefs of staff is in israel because israel wants to know where is the president on this. last thing we want is for israel to get involved in this. we need to show that america is going to standing with israel. if the iranians looking at

debate, they heard answers from every one of those behind podiums last night what the republicans would do if they were president of the united states of america, and they would have peace through strength. barack obama does not show strength when he cuts a trillion dollars out of the military budget. won't build another aircraft carrier. that's not showing strength. that puts you back to the 1970s with jimmy carter when we were weak. that's when we go to war. when we are strong we do not go to war. we stop war. megyn: at the end of the day after operation preying mantis was over, iran lost a large portion of its navy. it took a hit morally. there is a question about given the sanctions when put on iran, how many damage we can do to jolt some reason into the folks that run that country. what are your thoughts on that?

>> we can support throws mill and a half demonstrators that go to the streets of tehran to demonstrate against their government. we walked away from those people which gives even more power to ahmadinejad and the iranian government there where we do not support those who would like to overthrow that government. that is a terrible mistake by this president of the united states of america. megyn: michael reagan, thank you, sir. see you soon. we have more coming in on that breaking news with the cruise ship. the captain is now under arrest. we'll play more for you of that shocking conversation between that captain and the coast guard. we'll debate that captain's likely future in "kelly's court." plus burger king changing the name in the high stakes fast food industry, giving a new meaning to the slogan "have it your way." okay, team! after age 40, we can start losing muscle --

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megyn: burger king giving a new meaning to having sit your way with home delivery. the burger chain quietly testing door to door whopper service. >> reporter: you thought it was about the secret sauce. now it's about the secret technology on how you make sure the burgers don't go limp and the fries don't go soggy. burger king says it has thermal packaging. they say they have been using it in mexico and it works like a

dream. what they do is they put it inside this. the burgers and fries go inside this. as long as you are home and no more than 10 minutes away they are claiming that your fries remain crisp and your burger is as good as when it comes off the grill. right now they are doing this in two d.c. stores and they are going to expand to 16 by the end of next week. pizza has been doing this for years coming to your house. but burgers have always been a problem because they get soggy. now they have new technology. they believe this is a game change. mcdonald has no innocents of following burger king. they have no plans to go into private homes. dominoes pizza has a little advice. they are the number one delivery system in the world and they tell burger king good luck because it's not as easy as it looks.

you run into some big orders and next thing you know you have soggy fries. megyn: an unforeseen danger of delivery of food. i experienced this in college. i opened up my pizza and a slice was mission. he had eaten a lives my pizza. >> they do it on motorcycles in mexico. very difficult to eat and ride the motorcycle at the same time. megyn: i think a lot of people will take advantage of this. i'm feeling hungry right now. one of america's oldest trees reduced to a pile of ash. what caused the fire that reduced a 3,500-year-old cypress.

>> i believe every american of every background has been endowed by their creator with the right to pursue happiness, if that makes liberals unhappy, i'll going to find ways to help poor people learn how to get a job and how to some day own job. but nothing helped me beat my back pain. then i tried salonpas. it's powerl relief that works at the site of pain and lasts up to 12 hours. salonpas.

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charged today. he's facing 17 counts including attempting to assassinate the president. the president planning on accepting his party's nomination with another blowout bash. the bank of america stadium in charlotte, north carolina will serve as a backdrop. lindsay lohan is almost out of the woods. a judge told her she is on track to complete the terms of her probation after several drunk driving cases. the five remaining republican candidates are spread across south carolina, less than 24 hours after the fox news "wall street journal" debate. perhaps the most dramatic moment came as the crowd was brought to its feet when newt gingrich stood his ground on a controversial issue.

watch as our own fox news contributor confronts the former speaker of the house. >> speaker gingrich, you recently said black americans should demand jobs, not food stamps. you also said poor kids lack a strong work ethic and propose having them work as janitors in their schools. can't you see that this is viewed at a minimum as insulting to all americans, but particularly to black americans? >> no. i don't see that. [applause] my daughter jackie reminded me that her first job was at first baptist church in georgia doing janitorial work at 13. and she liked earning the money. she liked learning if you worked you got paid.

she liked being in charge her on money and she thought it was a good start. i hadding a young man in new hampshire who walked up to me -- i have written two newsletters about this topic. i have had over 50 people write me about the jobs they got at 11, 12, 13 years of age. a young man started a donut company at 11. he's now 16. he has several restaurants that take his donuts his father is thrilled he's 16 because he can now deliver his own donuts. what i tried to say, and i think it' fascinating as joe clien reminded me, this started with an article he wrote 20 years ago. new york city pays their january towards an absurd amount of money because of the union. you can take one janitor and hire 30 kids to work in schools. they would be less likely to drop out. they would have money in their pocket. they could work in the

cafeteria, they could new york the front office, they could work in library. they would be getting money which is a good thing if you are poor. only the elites despise earning money. [cheers and applause] >> the suggestion you made was about a lack of work ethic. i have got to tell you in my email account and twitter account has been inundated with people all races asking if your comments are not intended to belittle the poor and racial minorities. we saw some of this reaction during your visit to a black communities in south carolina [crowd boos] >> we saw this during your visit to a church in south carolina where a woman asked you why you referred to president obama as the food stamp president. it sounds as if you are seeking

to bee little people [crowd boos] >> first all, juan, the fact is more people have been put on food stamps by barack obama than any president in american history. [cheers and applause] i know among the politically correct you are not supposed to use facts that are uncomfortable. you are the one who earlier raised a key point. the area that ought to be i73 was called by barack obama a corridor of shame because of unemployment. has it improved in three years? no, they haven't built a road, they haven't henned the people, they haven't done anything. clears [cheers and applause] so here is my point. i believe everier american of

every background has been endow bid their creator with the right to pursue happiness. if that makes liberals unhappy i'll find ways to help poor people learn how to get a job, learn how to get a better job, and learn some day how to own the job [cheers and applause] >> they can't hear me so i'll talk to you. foreign policy. send your questions ... megyn: that is my colleague bret baier a true professional getting on with the mission. joining me to skits is a panel of all republican voters. let me ask you a show hands. a game changer for newt gingrich? yes or no. just a few think so.

tracy you were a former speech writer for george bush 41. you were interested in watching that clip. >> i think it's because the impression from new hampshire hasn't gone away. he was almost at the verge. he was great when he said that to juan, but people still remember the mean kind of the personal attacks from new hampshire. i think it's too late. megyn: jay, you disagree >> we have three primaries going on. we know the winner of the libertarian wing and the establishment candidate. there is a contest for the conservatives. the real loser in this exchange was rick santorum. he has to shine last night, he had to mix it up with gingrich, he did not, despite the fact he has been endorsed by the social conservatives.

gingrich could be a game changer coming out of the social conservatives and still have life in florida. megyn: do you think newt got back on message by going after barack obama? >> have much so. that's where he needs to focus. not only do i agree with everything he said. at 11 years old i had my first job as a paper boy. that job helped me continue to get a work ethic going forward. i think the message he has right now is on points. >> he is the bless even ever we could ever had. he's and rich, old, fat white guy. he was condescending. juan has a good point. we have the 99% versus 1% and the democrats are smart to try to make that happen and newt gingrich is the deliverer of this message ever. he's talking about blacks and poor whites should be janitors.

megyn: do you agree? i'll get to you in one second. >> newt found a better message. he's more on message this week it many not a game changer for this reason. you still have a crowded primary where newt and santorum and perry are fighting over the same pool of voters. it makes it possible for romney to win with a flurlity in south carolina -- to win with a plurality. good moment, but game changer, no. >> he hit the nail on the head. the kids have to have skin in the game. but it's palliative. it doesn't address the underlying cause. a lot of these jobs have been stolen away by illegal aliens who are willing to work for less than minimum wage. >> he gave -- although i don't

think it will benefit you, a great narrative to take into the general election. do you want a government that continues to promote dependency and engage in this or a government that gives the individual the power to prosper, that tells the individual, i'll help you if you help yourself. not create a permanent dependency. megyn: juan was suggesting you newt gingrich sounds like you are engaging in bigotry. can you not use the word black? >> when he was talking about -- >> using the term food stamps he was inferring he was talking about specifically government dependents -- >> i do think newt is the wrong messenger. not because he's a fat, white old guy, but he has been in

washington for 20 years. he's part of the problem. >> he comes off being a stern angry guy. he remind me of my second grait school teacher who walks around with a ruler and slaps you on the hand. that's not what this is about. kids need a pathway to success. i'm not sure the message he's talking about is what resonates around the country. megyn: there is something about the way he delivers his message that makes you feel he's absolutely correct. is that appealing or not appealing? >> i think it's very appealing. i think people need to understand this election is a critical point in the united states history. his education and his fact-based knowledge is very, very important it's deliberate. it's passionate and if it comes off angry, i think a lot of people are angry. >> body language -- if you look at that clip, he got strong, he

was feeding off the audience. and really when he finished it, it was a rousing finish. newt is a smart guy not only in the facts but also how to play a crowd. it was a very, very good performance. was it angry? yes. but then you have somebody like rick santorum who is almost talking through clenched teeth. >> in new hampshire he was so unattractive and so unpresidential. a candidate can attack through ads, then they have to act presidential in person. but the way he was in new hampshire so resonates. i thought it was an amazing moment because he bolled juan over and he got the crowd going. but what i'm saying is i don't think it was enough. megyn: some folks say they wish mitt romney would show that kind of passion.

>> he's connecting with people. i think you saw that last evening. you are right about that. newt gingrich is not a happy warrior. when hubert humphrey was running for president he was a happy warrior. he was smiling and joke and speaking passionately. megyn: does angry necessarily hurt him? >> it doesn't hurt him. >> i think conventional wisdom, mitt romney will eventually be the nominee. i thought gingrich bought himself some time. this very clip is dominating all the news coverage today, it's him, it's not santorum. because of this he may well finish in the top three in south carolina. he may have been on his way to finishing fourth or fifth. this was his moment. this is what's dominating today. and we are talking about a topic that should be discussed.

25 million americans can't find work. megyn: all of you, great job. thanks so much. come back again. what did you think? kelly@foxnews.com. new developments on the captain of the italian cruise ship. he's now under house arrest. he should have been the last to abandon the sinking luxury liner. instead he was one of the first people onshore. we'll debate his possible punishment on "kelly's court" after the break. >> you get on board. this is an order. you need to continue the rescue. you called the evacuation, now i'm on board. you need to go on ship, is that clear? 7 wake up!

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megyn: "kelly's court" is back in session. on the docket, ditching the women and saving himself. he was suppose to be the last person to abandon ship, instead captain francesco schettino was

the first to stand on dry land after plowing his ocean liner into a reef off the coast of italy, denying orders from the italian coast guard to get back onboard while thousands of passengers scrambled to evacuate on their own. the captain has just been placed unhouse arrest, facing a laundry list of charges, including manslaughter. listen to this. >> captain, please, there is no please about it. go back onboard. assure we you are going back on board. >> i'm in the lifeboat under the ship. >> what are you doing? >> i'm coordinating. >> what are you coordinating there? get back on ship and coordinate the re cues joan board. are you refusing? >> i'm not going because there is another lifeboat that has stopped. >> you get onboard, this is an order. you called the evacuation, now

i'm in charge. megyn: it does not appear the captain ever did go back onboard that ship. joey jackson and mark eiglarsh. an italian court has held him and he's under house arrest. there is a question whether he should face manslaughter charges because we have 11 people who are dead and his refusal to get back onboard that ship is only half the story, mark. >> that's correct. he should face criminal charges. he intentionally chose to deviate from a fixed computerized setting and to show off and allegedly this $450 million ship to people onshore and his actions were and hoarnts. they didn't get a may day signal right away until after the evacuation began. the life boats were lowered on

time. when they finally were the ship was to the side. so it wasn't as effective. his actions were abhorrent. to compare them, he is to navigation what conrad murray is to answer these yeah. he should be possible -- conrad murray is to anesthesia. megyn: the coast guard is telling him, take control, get back onboard that ship. let's listen to a little bit of it in italian. it's interesting to hear the tone and how an made they were. [speak in italian] megyn: that coast guard captain is not happy, joey. now many others are not happy. if you get assigned to represent this guy he's going to get a lawyer like every other criminal

defendant. how are you going to defend this. they say he intentionally made a sail-by salute to this italian island, that's how the ship ended up on its side. then he runs and leaves people onboard to fend for themselves. >> there is a lot of frustration here because people are dead, people are injured and people are missing. as a result of that you are going to have a great deal of frustration and anxiety and there should be. before we start prosecuting people we have to be conversant with all the facts. obviously he hit a rock or reef. did he do that in a way that was negligent in did he do that in a way that was intentional? megyn: if you want to get him on manslaughter you have to prove was reckless. >> now we are talking about your consciously disregarding a risk that this could happen. what we are not sure of is that he had a plotter. that's a chart which i'd case

what are navigable waters and what are not. he says on his chart he did not know there were any rocks there. as a result of that, that's going to be the critical inquiry. in the event he was showing off, those are the facts that determine he was willy-nilly showing off. and if there were no rocks on the plotter, what was he supposed to do? you have a duty to stay on the ship and insure your passengers are safe. megyn: under god's code. >> speaking about the late self and his culpability for abandoning ship, should he have abandoned ship at that time? in the event he could have stayed on to insure the passengers and crew were safe, but if there was no alternative but for him to die himself, mat's another story.

megyn: you heard the resistance to going back in that exchange. that's why it's so devastating with the coast guard captain, am i wrong? >> joey does a good job defending captain coward. but it was his actions that chose to deviate from the course. i don't need to be a captain to know when you move closer to the shoreline there may be some rocks. you don't have to be a diver to know there may be some reef and rocks as you get closer. he made that decision. apparently from the local divers and fishermen it's well known there are rocks that could present hazards in that area. his actions after the ship hit the rocks, there is no explanation for it. there is none. that gives rise to the recklessness. megyn: they are thinking he did not reboard that boat, his lawyer has come out and said he maintained the necessary lucidity to put in place a

difficult emergency maneuver and brought the ship to shallow waters and saved the lives of many. that's their story. got to run. thank you so much. an investigation is unway after thousands of history burned to the ground. it was not only one of the oldest trees in america, but in the whole world. 8% every 10 years. wow. wow. but you can help fight muscle loss with exercise and ensure muscle health. i've got revigor. what's revigor? it's the amino acid metabolite, hmb to help rebuild muscle and strength naturally lost over time. [ female announcer ] ensure muscle health has revigor and protein to help protect, preserve, and promote muscle health. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

megyn: new developments in our fox news voter fraud investigation. several voters said their signatures were forged and used as real votes. some have called it a normal political tactic in the smoke-filled back rooms of politics. the first two accused officials are going on trial right now.

eric? >> reporter: eight democrats have been indicted, four of them guilty. the first trial of the first two officials has started here in troy, new york this morning. right now on trial, the democratic commissioner of elections as well as a former city councilmember facing allegations of voter fraud-related charges. the allegations are they were part of ear alleged scheme to fake absentee ballots. voters told us they never signed absentee ballots that were filled not you their names and handed in as real votes. this woman says her vote was stolen. >> they took my application. they had me sign an application for a ballot. >> they took it and the next thing what happened. >> they filled it out on their own and took the ballot itself, filled that out on its own.

and cast it. >> reporter: those who were indicted, five were members of the troy city council. they say voter fraud and faking ballots are a normal way of doing business. one man pled guilty to forgery. he says i have been present when ballots are voted directly. did you do anything wrong? >> no, no. >> reporter: did you forge any absentee ballots? >> no, i did not. >> reporter: did you steal an election? >> reporter: loporto ran for election as a working family party candidate. he was defeated.

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>>megyn: police in florida are investat