of. megyn: fox news alert less than 24 hours after delivering his state of the union address president obama right now starting a three-day tour of crucial swing states trying to sell his re-election message. welcome to "america live." i'm megyn kelly. last night the president unveiled a new economic vision for america and today he will try and sell that plan to voters in several stump speeches across five states. moments ago president obama started speaking at an engineering and manufacturing company in cedar rapids, iowa. the president will make stops in arizona, nevada, colorado, and michigan this week. chris stirewalt is our fox news

editor and host of power play on foxnews.com. chris, is this part of the campaign re-election effort to which the white house says the president is paying no attention or is it something else? >> reporter: well, megyn, i think it's not -- i think it's not coincidental that the states that you put up on your map right there all happen to be target swing states for the obama re-election campaign. just as they were blue in that map i think the president would like to see them blue in november. that is obviously the goal. these are crucial places for him to go, and try and make his case. so, you know, all presidents use their election year, re-election year state of the union address to be political, and this is basically what you heard last night was an outlining of the major campaigning themes that you're going to hear from the president for the next 40 weeks, including the negative attacks and the positives. they were all in there in some form or another. megyn: what is the consensus emerging today about the state of the union and whether he's going to be able by repeating that message that we heard last

night in the swing states move the dial at all? >> well the dials weren't really moving that much last my. he tended to play it safe even for what is generally a very political speech in this re-election year that would be expected from a president. he took a cautious approach, did not really introduce anything new, anything new that was major. he played it relatively safe, and focused instead on outlining things that we've heard from him before that deal with increasing taxes on top earners for a fairness society, talking about global warming and green energy and stuff like that. he dealt with those issues that we've heard from him before. so this was not something that was going to move the ground, but it was a way to get the team together and say, look, this is the first big campaign speech of 2012 and here we go. megyn: when you get the team together and the other team is sitting right there, you put the hands in and you say, go, tigers or whatever it is. when you're behind closed doors,

chris and you're talking to your team you have a very different, more passionate, maybe slightly uglier message, and that's just how it works in competitive athletics. do you think when the president goes out to these critical swing states it's going to be a little sharper and more partisan? >> there already two lines that struck me in the state of the union address, one having to do with what the president called the warren buffet rule that has to do with the rate of taxes that people pay on investment income versus job income. that was obviously very much about mitt romney who was -- who is now one of two republican frontrunners battling it out for the nomination in that party. the other one that you heard was obama taking credit for having rescued general motors, and that in that case he was saying that some people wanted general motors to die, which was a not so oblique reference to let the auto industry fail, a not so oblique reference to mitt romney who had argued for the idea of

letting creative destruction remake the auto industry instead of having the government come in and prop it up. megyn: at the end of the game you get out there and do your little, two, four, six, eight, who do we appreciate, but secretly you're take, they lost. >> that's about it. megyn: was it just me? okay thank you. i didn't play a lot of sports but i remember. i have a few memories. there were a few teams. that's all you need to know. president obama last night addressing a top issue on many voters minds. jobs. take a listen. >> it is time to turn our unemployment system into a reemployment system that puts people to work. [applause] megyn: under president obama unemployment benefits have been extended eight times. about 2 million people have aoeusd up their 99 weeks of checks without being able to find work. 5.5million americans have been out of work for six months or more. as for those not wa worried

about the job the president argues the wealthy should be paying at least 30% in taxes. we held one of our focus groups, they had a lot to say about that. >> he's only talking about the millions, people who make a million dollars or more, don't we all hate him. >> it doesn't matter if what he is saying is true or not, what matters it's a good sound byte and it sells. >> politically, nobody on this panel makes a million dollars, i don't know what your finances are. isn't it easiest to say, let's get the people we do? how is that politically risky. megyn: we'll have an answer to that question, plus much more. focus group reaction to the president's state of the union address in our next hour. and now to the battle between two former house speakers, newt gingrich challenging nancy pelosi to come clean on her hints that she has damaging information on the presidential candidate. it all started when miss pelosi suggested in a recent interview that she knows something that

she believes would crush the white house hopes for gingrich. take a listen. >> let me just make my prediction and stand by it, it isn't going to happen. >> why are you so sure? >> there is something i know. the republicans if they choose to nominate him, that is their prerogative. i don't think that is going to happen. megyn: coming up mr. gingrich responds, and wait until you hear the message he has for miss pelosi. we'll debate whether or not she is required to divulge whatever she knows. details now on how seal team six, the same group that took out osama bin laden has pulled off a dramatic new rescue. this timesaving an american woman held captive in one of the most dangerous places on earth. the navy seals parachuted into somalia in the middle of the night. by the time their mission was over nine somali pirates were dead and two hostages were free,

one of them 32-year-old jessica buchanan was in somalia on an aid mission to help clear land mines. national security correspondent jennifer griffin is live in the pentagon with incredible details. >> reporter: the president gave the order on monday when it became clear that hostage jessica buchanan's health was deteriorating. fox is learning this she suffered from an infection that u.s. officials feared could lead to kidney failure. it was an existing condition exacerbated by her captivity since october. >> jessica's health was failing and they concluded they should go at this time. the president gave the go. >> reporter: seal team six was given the assignment, the same unit but not necessarily the same individuals that took part in the osama bin laden raid. u.s. defense officials tell us more than 50 u.s. forces took part in the mission. they flew in from a base by

fixed wing aircraft, parachuted in, arrived alternate the encampment on foot and were helicoptered out. fox has learned that the kidnappers were a sleep at the time but fired off shots when the seal team arrived. all nine captors were killed in a matter of seconds. the firefight did not last long. >> good job tonight. good job tonight. >> reporter: that was president obama congratulating defense secretary leon panetta on the mission as he entered the floor last night. he called buchanan's father after finishing the state of the union address. the mission continued and was still on going as he gave the state of the union address. the hostages were flown to a city where they are being given military -- being given medical care by the u.s. military. megyn. megyn: thank you.

well they are calling it beautiful, simple and intuitive. google's latest plan to link up dozens of web sites is raising some serious red flags. their plan will share data from your searches on google, from your gmail and even what you type in and watch on youtube across all of their sites and more. and where some see a major boost for users, critics see a major invasion of privacy. trace gallagher live in l.a. with more, trace. >> reporter: and one of the big concerns of privacy advocates is that you can't up data this. if you use one of the google sites you're in. and the whole idea is to track their users all over their sites, in fact nearly all of them, so if you have as you said gmail, if you go on to youtube, if you search something in google they can take all that information and they can get a better portrait of who you are and what you like. for example if megyn kelly is googling something like, oh, warm weather gear and she goes

onto youtube and sees a skiing video it's likely in your gmail box would you have a lot of advertisements from snow ski companies and ski resorts. google maintains it will help customers cut through all the clutter. if you google jaguar they will know you're talking about the car and not the animal. they believe this is not an issue it's more of a feature. google says and i'm quoting here, if you have a google account and are signed if we may combine information you've provided from one service with information from other services, in short, we can treat you as a single users across all of our products. a privacy groups say they are very worried about teenagers who all the time log onto youtube. and they are concerned about google gathering more information, like political affiliation, medical history, financial status. remember, google and the federal trade commission have been kind of going back and forth over privacy concerns. they recently settled an issue over google releasing some email

lists that should not have released. in this case google says, no, this is to benefit our users, it has nothing to do with invading your privacy, megyn. megyn: people really worry, even if you trust google what if somebody hacks google or get involved in a lawsuit, can that information be subpoenaed? where will this lead? there are all sorts of questions. trace, thank you. there is a big developing story today on the campaign trail and it potentially involves one out of every four voters. up next the fallout from what some are calling the president's growing war with the catholic church. if there is one piece of video you should watch today it is this. the most scary plane landing we have ever seen. plus, new developments in the search for missing missouri baby lisa irwin today. her parents who say their little girl was taken from their home in the middle of the night now opening up in a new interview. we have the details. and the latest -- we'll have the latest on that search, stay

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megyn: fox news extreme weather alert right now. we are getting reports of a tornado warning for the area around south houston in texas. according to the national weather service a severe thunderstorm that can produce tornadoes is passing through the area. a warning usually means that someone has either seen a funnel cloud or evidence of a possible tornado is on radar. as we hear more about this we will update you. look at the picture there. well, now to the campaign trail and some fallout from what some are calling the president's growing war with the catholic church. first some perspective for you. back in 200854% of catholics voted for the president. compare it to the 45% who voted for john mccain. but today just 38% of catholics

say they approve of president obama, 60% disapprove. this is raising some real concerns for the president, and there is a real question about how he got to this point. joining me now is william maguern, a "wall street journalist" an has some comments on this. you say it's directly related to the new man date that the president has said he will enforce against catholic organizations, not the churches themselves but catholic universities, and hospitals, as of august they will have to provide and pay for contraceptives and sterilization for their employees. no co-pay allowed where they object or don't object. >> it's important to be clear that the mandate requires everyone, not just catholic institutions, it requires everyone. jon everyone. megyn: but there is no exception for this group. >> there is no exception. it's raising a political issue of, you know, the animosity towards the catholic church and

it's raising a more fundamental question about religious liberty. tto do this they've taken an extreme stance on religion and its exemption. megyn: if you're an actual church or religious organization, or everybody there that is one thing, but it doesn't cover the exception, catholic hospitals, catholic universities, you know, catholic groups, and they are arguing, you've basically given us a year extension, that gives us a year to figure out how to violate our conscience. >> their idea of an exemption is you only get it if you administer to your own people, if you're amish and minister to yourself. megyn: the catholic hospital says if you're jewish you can't come in. >> it's a very untraditional understanding. the supreme court just ruled about the obama administration's position on the examazon in an unrelated case and called it

extreme. they are marching a very extreme idea on religious liberty with the healthcare law. megyn: why is president obama doing this? i know he was under pressure from women's reproductive rights groups and everyone from now to planned parenthood. one would assume he probably would have got even those votes any way in the next election. >> that's what i think. i think he's calculated on the other side that he's lost some of these other votes any way and he needs to shore up the space. a lot of the people were mad. megyn: the now, the planned parenthood. >> he made the decision to defer plan b for a while. i think he felt he needs to shore up that base. i also think he believes this. this is a switch-aroo. in 2008 when he ran as a democrat he ran explicitly that was open to religious groups, that was going to reverse what was preserved as decades of democratic hostility to religion. he appeared at bob casey fundraisers and so forth.

he said religion should not have to check their faith at the door to enter the public square. now it's a switch-a-roo. he's taken a militant position and undercut all the catholics that went out on the limb to support him. father jenkins at notre dame that took a lot of heat for inviting him for the commencement. sister carol and all these people. they will have a much harder time making the case this time around. we haven't heard from the number one catholic in the west wing, bide r-r. joe biden. where is joe? he used to threaten he would shove the rosary beads down someone's throat. megyn: is there a thought that contraceptios not controversial. even though they teach gains it, managainst it, many catholics use it so they'll let this one fly? >> not only that they think the

catholic position on it is unpopular with the american people so it's a good way to make it a wedge issue. the issue is not about contraception. anyone can get contraception, anyone can pay for it and find it. this is about forcing people to pay for it. this is a religious liberty issue. and what it's doing -- megyn: even though some christmas and easter catholics may not believe in that it's a different thing when you talk to the cardinal designate. he believes in it and he doesn't want to have to pay for it. >> should institutions have the right -- no one is forcing anyone to work at a catholic university, or a catholic hospital. and should they have the right to set their own parameters? this is saying it's not good enough just to stay silent. you have to bow before what we want you to do as a federal government. megyn: the women's repro duct tiff rights group say it's a matter of health, you shouldn't be forcing young could he *edz to go without when it comes to birth control. >> they can go anywhere and buy them anywhere they want. you can't find a catholic

university that you can't find birth control very close by. the question is, should i make you pay for it, or should i make institutions pay for it? and it's a fundamental attack, and it's different from the healthcare act and abortion that way, this affects institutions right away. what we see in american life is religious institutions being shoved off the public square by the public requirements. a tkoplgs agencies are going out of business, catholic adoption agencies. the obama administration denied a contract for sexual traffic i can being. the more we'll have government doing this with more expense to the taxpayer and less efficiency. megyn: you're seeing reaction from the voters on that. thank you. there is trouble in tinseltown for one leading lady. see why demi moore has checked herself into the hospital and why she may be there for a while. did a federal agency cover up a

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checked herself into the hospital and we are now hearing that she may be there for a while. a publicist for demi moore confirms the actress is seeking help for exhaustion and her overall health. if her withdrawal from an

upcoming film is any indication she may not be back to work for some time trace gallagher has phoefrpblgts the 911 call came from her beverly hills home about 150:25 on monday night. the paramedics arrived at the scene. they treated her there, 30 minutes they brought her to a hospital. the official word is now quoting here that she is seeking further professional assistance. her subject louisiana sis i publicist has said, because of the stress in her live she has sought assistance to improve her overall help. she looks forward to getting well and is grateful for the support of her family and friends. tmz is reporting that demi moore is being treated for substance abuse problems. you may know that last fall moore ended her marriage to that man as ton kitchen ever ashton kutcher. her daughter rumor is reportedly with her at the rehab facility.

she recently pulled out of the movie lovelace, based on the porn star linda lovelace because of other issues. we looked back and she apparently did have substance abuse problems back in the early 80s, when she was filming the movie st. elmo as fire hanging out with the brat pack but apparently she got over those, and now according to tmz 16, 17 years later she apparently is now back in rehab dealing with substance abuse issues again, megyn. megyn: i wish her well. trace, thank you. nancy pelosi says she's got a little secret. she believes newt gingrich will never be president, and she claims to have some inside dirt about his time in d.c. his response to her and whether she has an obligation to spill the beans, up next. and it was the dog walking disaster seen round the world. a man walks into an elevator but forgets to pull the dog inside with him. now there is backlash brewing against the dog owner. don't worry, the dog is okay. we'll have the incredible video

and the fallout. and it's been nearly four months since the disappearance of little baby lisa irwin. volunteers now resuming their search for the first time in a while. why? mark fuhrman is here. >> i feel like there is not enough people out there seeing her face, and, i mean, she's a defenseless, innocent baby.

megyn: we are watching an ugly political fight today over nancy pelosi's claims that she has some dirt on newt gingrich. the former house speakers now involved in a war of words that started with these comments from former speaker pelosi. >> let me just make my prediction and stand by it, it isn't going to happen. >> why are you so sure? >> there is something i know. the republicans, if they choose to nominate him, that is their prerogative. i don't think that is going to happen. megyn: well earlier today in an appearance on fox news former speaker gingrich challenged miss pelosi over that claim. take a listen. >> look, i think if she knows something she ought to say it. and if she doesn't know something she ought to quit saying it. but this is baloney. i don't think any republican is going to be threatened by nancy pelosi. frankly, i'd rather have her threaten me than endorse me. megyn: and then he finished with, i'm rubber i'm glue.

it's nancy versus newt rang two. our ring side judges, monica crowley, and sally cohen. both are fox news contributor. this is getting really interesting. she keeps saying this, this is not the first time she's said it. it's the first time i've seen her do it on camera she clearly thinks she's got something. put it in perspective. what is your reaction, monica as you watch this. >> this is like speaker versus speaker, spy versus spy, you're exactly right this is round two for this. if this woman has something, and remember she is the former speaker of the house, she is now the minority leader of the democrats in the house of representatives. she has a responsibility to frankly be more responsible than this. put up or shut up. if she has information about newt gingrich then she owes it not to the republicans but to the country to put it out there now rather than allow this thing to fester. megyn: why does she owe that? >> if she doesn't have the information this is all rumor and innuendo and totally irresponsible. megyn: why can't she say i know

it, i'll tell it if he becomes the nominee. >> it's like making news without making news. i have a lot of respect for nancy pelosi. i agree with monica here. i think she was taking a page out of newt gingrich's handbook and talking before thinking. megyn: she's done it twice. >> i know. it's getting a little bit, you know, ridiculous. she doesn't have something, she has something, who cares it doesn't matter. you either put it on the table, be honest and let voters deal witness or hold your cards. megyn: this is more like, oh, what could it be? i'm sure that's why he's irritated. >> she is deliberately speaking with code. megyn: trust me. >> i got it over here. >> it's the same woman that threw the cia down the stairs when she accused them of lying to her about the interrogation tactics. she has little credibility. the fact she is going out repeatedly to the country and saying, oh, there is something i

know. what are we in second grade? this woman is in a top leadership position in the u.s. government. let's be a little bit more responsible here. >> i'd like to be responsible toward the speaker as well. you got your cards, show your cards. megyn: there was a question about whether she was at liberty to divulge something she may have learned to the context of the ethics investigation against newt all those years ago. >> there are two interesting things here. she was part of the ethics committee investigation that heard the record 84 ethic violations. megyn: only one of which was proven. >> he ultimately was kicked out of congress. megyn: he was kicked out of congress? >> he was pushed out by his own party. >> not out of congress. >> he resigned in shame would be me quoting mitt romney, not me quoting myself or speaker pelosi. the hraerpblg larger issue here is she may have something,

and she may throw herself on the sword. megyn: i'm sure it would be painful for her. >> she would get kicked out of congress. megyn: she is not going to do that. >> this is a distraction. it brings the fact that democrats not liking gingrich. the fact of the matter is republicans don't like gingrich. they are scrambling all around the party. we have 11 people who have served with him have endorsed him. megyn: it seems a lot of democrats like the thought of running against newt gingrich. that's in the to say he can't beat president obama, they would prefer mitt romney rather than gingrich. why would she drop this now. >> that's such an important point because it would be counter intuitive. if the democrats say if this is true and they would prefer to run against newt gingrich, then why is she sort of sending up red flags whether they are real or not to the republican base. megyn: let me throw this automatic, maybe it's because she can't help herself.

it's awful, if i could just tell you. >> i have to tell you guys a lot of republicans have come up to me on the street and says, no, no, no, this is like reverse psychology. you guys are afraid of gingrich being the nominee. who knows she is trying reverse psychology, it's a mess. >> hillary versus obama, let's say this a top republican said, oh, i have something, something deep down, deep down secret on hillary clinton or barack obama either one but i'm not going to tell you. oh, no -- megyn: trust me there won't be a second term, trust me. >> it's something i know,. >> look but i flipped out here i said i don't think this is behavior that is suiting a leader of her stature. megyn: don't you think this sally, don't you think, being a fan of hers in particular that she is very smart in that if she is doing this twice there is a reason, there is a calculation behind it. what could it be? >> maybe, you know, let me get out my crystal ball, i have no

idea but it's also interesting that her own spokes people are kind of dialing it back. it's possible she is literally running at the mouth. megyn: they don't like each other. pelosi and gingrich don't like each other. >> like a lot of politicians, for better or worse she wanted to be involved in the conversation and get herself into the mix, who knows. megyn: mission accomplished. >> but again what i think is more interesting is and i don't think to the aid of those -- president obama and the dam krats she is distracting from the pile on of republican anger and disapproval with gingrich as a candidate. megyn: it could backfire, the same as we saw people start to feel sorrow for newt when his ex-wife came out. could this be incentive for republicans to be back in. >> maybe it's reverse psychology. megyn: reverse, reverse, reverse. >> i saw last week when we saw the revelations from mary ann gingrich it tk end up to his benefit. i think it did something bigger megyn, a lot of people, republican voters were worried about his so-called baggy

average and he's dealt witness. i think a lot of voters were worried about that. i think what the abc thing did ironically is kind of neutralize awful it. megyn: i don't know about that. if what's she's got has anything to do with the second wife that ship has sailed. maybe she is just saying it. >> i said before he's got not just baggage, that man has freight and if she has one of them that is going to come out it's going to be messy. megyn: nobody in the campaign has more baggage than barack obama. megyn: we'll leave it at that. thank you so much. megyn: stay tuned for this. a seriously scary landing, all caught on tape, as a plane facing almost hurricane winds tries to hit the runway in one piece. look at this. look at this. look how this comes in. we'll show you how this ends. new fallout after stanley cup winner tim thomas snubs a white house invite. why he is standing by his choice not to meet the president. they say their baby girl was

kidnapped during the mild of the night from their moment. the parents speak being out again in a new interview that will air exactly four months to the day that their daughter mysteriously seemed to vanish. we'll find out what they are saying now, mark fuhrman is next on the new details in the search for her. >> they could throw stuff over. we are over there looking on the hills. they could throw the cell phones out, as if they are changing the baby they could throw her clothes out. [ male announcer ] when do you take 5-hour energy?

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government has grown out of control and he was just exercising his rights a as a free citizen. her disappearance became a national story, and now nearly four months later we are learning more details about the case of missing missouri baby lisa irwin. here is a quick look back at how the face unfolded. agent 3rd, 2011 baby lisa snatched from her home according to her parents. three days later her parents are no longer cooperating with police, according to the police. on october 17th, right here on "america live," her mother, deborah confesses to being drunk the night of baby lisa's disappearance having between five and ten drinks, possibly she says to the point of blanking. the following day police reveal they have exhausted more than 550 tips and leads. on october 21st a cadaver dog picks up the scent of a dead body in the irwin bedroom according to the police. now despite what they claim are intimidation tactics from an anonymous source volunteers say they are moving forward with a

search for this baby. mark fuhrman is a former homicide detective for the l.a.p.d. and a fox news contributor. mark, not only are these volunteers moving forward with the new search, and these are folks who have been searching for her from the beginning. i met some of them, but now the couple, the parents are granting an interview to dr. phil. why now, why would they do this? >> well, megyn, you'd have to say that one is self-serving, it's certainly not going to further the investigation for the baby's remains, that is really what we're looking for. and the police certainly whether they are involved in this new search, or they are not, or there is new information, the irwin's attorney says that they have new evidence, and i always love when attorneys use the word, evidence. it's usually not corroborate, or you never know it. what is the new evidence? and if the irwins, or debra

bradley and jeremy irwin really want to help in this investigation instead of going on dr. phil they should go to the police department and continue the interviews after they changed their story so tkra nat particularlso dramatically that most of the initial interviews were useless. megyn: they say they will speak with dr. phil in an interview that will air i gather on the anniversary of baby lisa's disappearance. supposedly he is going to offer advice on how to cope with the situation. do you buy that mark? >> no i don't buy it at all. it's really self-serving as i said before. and it's self-serving to proceed pair really a piece of evidence to be introduced if there is ever a trial. you're almost like you're softening up a jury selection process, or a jury that is seated. if you really need to deal with the pain of the loss of a child, if that is really what their objective is, dr. phil on

nation-wide tv would be the last place to do that. they can certainly seek that privately, which it should ab private matter. that is smoke and mirrors. just remember dr. phil paid the anthonys to their nonprofit organization an undisclosed sum of money, and that just shows that dr. phil will pay for an interview to get the interview with people that are in the national spotlight. megyn: you think there may be some dough changing hands here. we don't have that confirmed but that is your speculation. i want to ask you about these searches. these volunteers, we've played a sound byte before the break from one of the searchers. i met her when i was out there. she has been looking for the baby from the beginning. it sounds like her and others are continuing to search. she claims they have been getting anonymous threats to stop the searching, mark, relevant? do you believe it? does it fit into this puzzle at all? >> well, it does fit into the puzzle considering some of the

people that surround deborah bradley and some of her associates, i see them engaged in this kind of conduct. but it really doesn't make any difference. these searchers, we forget about the holidays, thanksgiving and christmas, people have families, and not only that, it could be the weather is breaking in a way that allows them to get back out. these are volunteers. so they need to do this when the demands of their family and their work are not in front of them, and they are very motivated, and most communities have these volunteers, whether it's search and rescue or just a community of people that are involved in something really tragic. megyn: it's been almost four months since baby lisa went missing. i think many people believe that she is, you know, likely dead, we don't want to think that, but it's just obviously one of the possibilities. in your experience if a body were to be found now by these searchers or otherwise, four

months later would there be any forensic evidence that could be useful? >> well, we don't know. i mean, certainly it depends what remains you find, and in what condition. if the child died of a blunt force trauma, or anything that would leave any kind of evidence in any kind of the skeletal structure, or the skull, then, certainly, yes. but it's highly unlik unlikely at this time if it was exposed to the elements fit wasn't blunt force trauma or sharp object or something that would damage the bones it would be very difficult to determine cause of death. megyn: and we saw that with casey anthony and little caylee anthony, by the time her remains were found they were really a lot less useful to the folks trying to solve the case than they would have been had it than much earlier. final question, do you believe, mark that there is still the possibility someone is going to get arrested in this case and charged?

>> absolutely. the irwin family, or debra bradley, excuse me, is certainly somebody that needs to answer some questions, and if the remains of the child are found, then the dog -- the cadaver dog that scent need in that room is now supported by the forensic evidence of a dead body. that being said she could be brought in. if she chooses not to answer the questions, then i think this case would be brought before a grand jury, or a jury of her peers, but it certainly needs to be answered, and once that question, is the child dead or not answered, then i think the police and the detectives on this are going to move. megyn: mark fuhrman, thank you, sir. >> thank you. megyn: have you seen this video? a distracted owner enters an elevator with his dog when suddenly the leash gets caught in the door leaving the owner in shock. don't worry, the dog is okay. but in three minutes see how the

owner may be in hot water. plus, a school crossing sign spelled wrong, see it? uh-huh. we told but this story yesterday. now wait until you see how the school fixed it. and last night the president argued during his state of the union that the wealthy should be paying at least 30% in taxes. i just met with our focus group before they started the show, they had a lot to say about that. 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? 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.

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megyn: there is a growing backlash today after a video goes viral showing one man's dog walking disaster. you can see him approaching an elevator with what appears to be a bulldog in tow. when he steps inside his best friend gets taken for a ride. while the dog we are told is totally okay, the owner is finding himself in the doghouse. trace gallagher has more live in l.a., trace. >> reporter: it happened in chicago, megyn.

the dog was actually outside in the hallway distracted by a woman. we ned to watch this together, because the owner gets inside the elevator and it seems like for a few seconds he just kind of is staring at the dog outside. take this from inside the elevator the owners inside, right he looks around, pushes the butt on the dog is still outside. it appears he's looking right alternate the dog. the doors close, still no movement and suddenly he feels the elevator starts to move, he starts to freak out, push the button, stop the door. you see that leash it got yanked so hard to the floor the owner actually bussed his wrist it hit the bottom so far. the elevator rider is going up. you can see he's anguished, oh, my gosh i just hung my dog. his head, he's clearly distraught and then you take this now from the outside of the elevator where the dog was. the tkaeugs on the outside of the elevator, he goes in and now you'll see this part, right, the elevator door closed, there is the woman who distracted the dog in the first place, so the doors close, and boom you'll watch the dog go up, luckily the leash

snaps, the dog falls down, again the doug is totally fine and the woman comes down and she takes care of the dog until the owner comes out. he's getting killed online, a lot of people saying he reacted way too slowly. he does not belong having this dog and the dog should be taken aeu away from him megyn. i have to tell you full disclosure i did the same thing 17 years ago with a yellow lab. the dog ran out of the elevator, it was caught and i had the leash in my hand and the doors closed and i couldn't stop. luckily the collar popped right now the. when i got downstairs my dog was in the parking lot, saying, daddy that is not a good ride, can't we take the stairs from now on. megyn: we can laugh because both dogs are okay. i'm a huge dog lover. it's a good warning to everybody out there, pay attention, they are living, beautiful little creature, your little buddies, they need them to look out for them. i'm not sure how i feel about trace after that. my feelings may have changed.

coming up, the freedom of the student press? does the school have a right to punish a student over a cone serve tiff op.edu? we'll tell you who thinks so. "kelly's court." did they cover up a serious detect in a car that has been promoted by the president and his cabinet. more about this car that taxpayers have been spending billions bank rolling. [ nadine ] buzzzz, bzzzz, bzzzz, bzzzz,

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fox news alert. fireworks on what could be a flagship vehicle in the obama energy initiative. house lawmakers demanding answers from the national highway traffic safety administration. accusing it of trying to coverup a fire in the chevy volt.

fluid leaks sparked flames weeks later. they charge that they tried to hide the fires. >> a vehicle explode and this gentleman did not give information to the committee when he could have. the facts are the facts. you are saying we are swatting at at things. that's not what this hearing is about. >> come on, mr. chairman. i have been around a long time. this hearing is not about safety. this hearing -- this hearing is about an attack. megyn: doug mche willway is live in washington, d.c.

>> reporter: these fires occurred last june on three chevy voalts after they were crash tested. the fires happened hours or days after the tests were completed. they occurred as a result of fluid leaking from the battery. the question is whether the delay might have been politically motivated to protect the electric car that obama administration has invested so heavily in. >> there are significant concerns about the relationship between the obama administration and general motors. >> reporter: but the head of the ntsb says g.m. got no special preference. >> gm is not going to get a

pass. the core of what we do every day is driven by data, science and engineers. >> reporter: the ceo of general motors testified gm has been unable to replicate the fires. but they are making safety changes to the battery casing and recommending that battery fluid be drained after any accident. in part they said we should suspend our van -- suspend or rancor. that froms "wall street journal." an expert in lithium batteries told the committee the risk of gasoline fires in conventional cars is much greater than that of a battery fire in a chevy volt. megyn: our research team found when all the federal subsidies to gm are total, each volt sold

costs federal taxpayers $250,000. that's a big number. we'll speak with chairman darrell issa. he was there today and he has serious questions about what role if any the administration top folks played in what he believes may have been an attempt to cover up this problem. there are new questions about president obama's claim that wealthy americans are not paying their fair share. pitching the buffet rule. it would guarantee wealthy taxpayers like warren buffet would pay the same tax rate as their secretaries. elizabeth m donald is here to explain. let's talk about what the president said.

>> you can call this class warfare all you want. but asking a billionaire to pay as much as his secretary in taxes? most americans would call that common sense. >> here is the issue. the question is is it common sense to add $4.6 trillion to the deficit on the president's watch and spend on failed companies like solyndra and aig and fannie mae and freddie mac. you have got to see the top 1% shoulder 38% of federal tax revenues in this country. the top 10%, 70% of the federal tax revenues. the top 5%, 60%. so the oecd, which is the european research arm said essentially the u.s. has one of the most progressive tax systems in the world. megyn: where does the money go,

if you make more than a million dollars you pay at least a 30% tax rate. where does that money go? >> reporter: the president on his watch added $6.4 trillion. that's the equivalent of adding south korea and germany to the debt load. it goes towards interest cost on the debt. if you raise tax on the $1 million to $10 million 50% you are not even going to pay half the interest cost on the debt. so the question is raising taxes on the upper bracket, how will that create middle class jobs and you have 1.9 million net jobs lost on the president's watch. i understand he was filling potholes in the economy. but how will the middle class benefit when a lot of money went toward failed companies like solyndra, fannie mae, freddie

mac, city gripe and bank of america. megyn: he was raising a point saying the president threw out something controversial. he was saying that that would really upend the tax system as we know it and is very controversial. tell us what he said and why. let's take a listen to what newt gingrich said this morning on fox news about that very subject. >> it's a disastrous idea buried in the speech to double the capital gains tax on everybody who invests and creates jobs. it would be literally lead to the largest bear market in american history. city would destroy the value of investments. it would drive people to create jobs outside the united states. i don't even think he understands it. >> reporter: essentially what he's talking about is the president is moving to undo the clinton tax cuts on capital gains. when investors have less money

because they are paying more money in taxes to the federal governments. then you are not going to see jobs created. can i raise taxes on the private equity and hedge fund crowd? you have to figure out the future value of those capital gains down the road. really devilishly hard to do. megyn: those people find a way to invest their money where they don't get taxed as much. incredible video. planes coming in at seemingly odd ages in winds guchght up to 70 miles an hour. eva yaition pros say you and i have probably been on planes that landed like this. really? trace gallagher, really? reporter: this is a common

procedure. but this should give you a lot of confidence that your pilot knows what he or she is doing. it was taken by a viewer ours in germany. the winds here are 45 steady. 45 miles an hour. the wind gust up to 65 miles an hour. that's not much under hurricane-strength winds. you can see the nose of the plane is tilt the other way it looks like some of the planes are bouncing up and down. check out the next one. this is another plane. the nose is tilted down. it's a common procedure called crabbing. you turn the plane and you touch it down as softly as you can. by the time it gets down, the theory is it rights itself on the runway. when i was learning how to fly and learning how to land in

cross-winds, big-time trouble. i had to go around a couple of times and i landed off the runway. megyn: you have a lot of issues. >> reporter: dog issues and plane issues. don't fly with me and don't be my dog. this is stuff they do every day in a simulator. can you imagine what it feels like onboard the plane fit looks like that from the outside? just a bumpy ride. but very safe, very well done. megyn: a tip of the hat to those pilots there that can't be easy. like i would ever get up in a plane with trace. i can barely stomach getting up in the air with an american airlines 747. it's not going to happen. and i'm not going to be his dog either. a 15-year-old boy where is an om

ed against gay marriage in a school newspaper. the next day's public enemy number one to school administrators. did the agency in charge of driver safety put passengers in danger. >> we got a picture of a car explosion that took place. you wait six months into our investigation. two weeks into the investigation the secretary is asked about the safety of the vehicle and he says it's great even though you haven't concluded the investigation. while you are eating a candy bar? you enjoy that. i am. [ male announcer ] fiber beyond recognition. fiber one. but my nose is still runny.

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they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] new glucerna hunger smart. a smart way to help manage hunger and diabetes. megyn: the federal agency in charge of highway safety is accused of covering up some explosive data on gm's chevy

volt. tests show a crash could spark a fire in the car's battery. they are asking whether the national safety administration delayed the release of that information to help protect gm. >> most product launches i have been to, there is secretary lahood with lisa jackson. in the middle is president obama. on the right side is secretary chu. and then if you go to the other side there is labor secretary hilda solis. this an unusual launch. megyn: mr. chairman, thank you very much for being here. the point is the administration was very, very involved in the launch of the chevy volt. but your information is that

what, problems were identified and the administration did not bring it to the public's attention? >> when you have a full cabinet meeting effectively at a launch, yes, they were very invest. our investigation shows they were trying to make this a success. when there are only a few thousand cars sold, they discovered a real risk not just to the driver but potentially people handling the car after a crash and making people know quickly there was a chance of a catastrophic explosion or fire that could kill a salvage carer on or tow truck driver. they thoroughly investigated for six months, far longer and perhaps trying to find a solution to say it was safe rather than inform people there was and is a risk that most of the public and particularly those who handle cars after a

crash weren't aware of. that kind of advocating on behalf of a program this administration is invested in is inappropriate. meg they set first fire occurred in john. in september engineers tried to coupe -- tried to duplicate the problem but could not. and that's when they alerted the public. what's wrong with that? >> when something like this happens in june. and the administrator says it could have been arson. when it takes until bloomberg outed this event for them to go public -- they didn't if go public in november because they reached a conclusion, they disclosed this because it was already becoming public. this is where mike kelly when he was asking that line of questions made it clear, there are real safety concerns for the

operation -- particularly when there is an accident or some other effect on the lithium ion batteries and there needs to be an education process. that kind of safety investment, they should have known proactively. megyn: ntsa is saying there is no discernible safety trend, that they closed their investigation. is this -- do you believe that this poses a conflict of interest when you have the government so invested in a car company like this since it is the same agency charged with investigating safety concerns? >> it's a clear conflict of interest. it's that cabinet meeting with everyone the who's hoff this administration there to launch a vehicle even with huge subjects does only sold 8,000 cars to date. this is not the first or last electric car.

ntsa being dedicated to say there are separate safety concern with any electric vehicle using all or partial lithium ion batteries. their mandate is safety, not promoting new technology. megyn: they say this car faced a disproportionate level of scrutiny because the government is involved. they say the on reason they thee being called before congress is they believe it's a political witch hunt. >> toy ohio tase one of the greatest car companies in the world. we brought them before congress and we got assurances they would do better in the case of toyota they were as good as their word. we want ntsa and general motors to be equally good. megyn: a correction on an earlier note.

taxpayers have subsidized the chevy volt to the tune of $24,000 per vehicle, not $240,000. there has been a rare discovery in upstate new york. a sacred tapestry turning up after it vanished more than a century ago. country music legend singing a happy tune. details of his victory in court. president obama arguing in his state of the union address that the wealthy should be paying more taxes. but does that strategy appeal to a broad cart of the country or is it part of the class warfare that has divided some? our voting panel weighs in. >> he's creating a division saying put it on my desk and let me sign off on it and he's pushing the blame on congress.

megyn: an amazing discovery in buffalo, new york. a religious tapestry believed to contain relics from hundreds of saints seen for the first time in 100 years. >> reporter: it's an incredible religious find, almost too good to be true and it's general rating for questions than answers. this mysterious masterpiece is causing quite a stir. the rare relic recently discovered in a convent cellar. the intricate starburst tapestry

contains a calendar of 35 relics of the saints, one for each day of the year. a piece of the crown of thorns and a sliver of the cross it self. >> collectively i think it means a great deal because the spirit of the church is in this framed object. >> reporter: it's believed to have been a gift from pope piusviv. at the turn of the century it was placed with a convent. however, it documentation all lost. >> in the absence of a chain of possession, it's very difficult to say whether they are authentic or not. >> reporter: the buffalo diocese will look to rome.

the vatican is usually meticulous in its recordkeeping of the gifts it gives and receives. megyn: lauren, thank you. president obama calling for an end to obstructionism and vowing to take action with or without congress on certain issues. is this going to be enough to rally voters or not? i just spoke with our voter and and their thoughts next. >> when he misses the exceptionalism of the american people, the fact that we are a unique country. that we strive for the best and thrive on crisis. what he's looking is a leadership to connect with the american people and take us out of the crisis.

megyn: before he stepped in front of congress to deliver last night's state of the union address, his campaign team made it clear this speech would frame the reelection effort. he tried to sell the idea a tax hike on the upper tax break the. does that appeal to the broader part of the country or is it the class warfare that has divided washington and the electorate. >> tax ryeo reform should follow the buffet rule. if you make more than $1 million a year you should not pay less than 30% in taxes.

you can call this class warfare all you want. but asking a billionaire to pay as much as his secretary in taxes, most americans would call that common sense. >> no feature of the american presidency has -- as in previous moment of national danger we americans are all in the same boat. we drift, quarreling and paralyzed over a niagara of death we are all suffer regardless of income, race, gender or other category. megyn: joining me now to discuss it, our panel, half democrats, half republicans. does the president strike a note that's going to sell with the electorate here? >> may can, i worked for bill clinton and we consciously tried to bring together in the state of the union. i think regrettably while class

warfare sounds good in the abstract in the speech last night. as a practical a matter, dividing people and saying you want to raise taxes and redistribute ultimately in the course of the campaign probably divides and probably hurts. megyn: even fit' just the rich? we are talking about who make over a million bucs. >> i don't think it's going to divide people. i think it's better for the nation and we need to get over this and work together as a people and realize what president obama is trying to put forward will work. >> i agree with doug. i think that it will divide people. but it will unite a great portion of people -- megyn: 99% of the country. >> it doesn't matter whether it's accurate or not. it does matter if what he's saying is true. what matters is it's a good

sound bite and it sells. megyn: nobody sitting on this panel doesn't make a million dollars. since easy to say let's get those who do. >> it's simple to say that. it's campaign jingleism. that's how barack obama plans on getting elected. this is a man who campaigned on bringing people together and a new atmosphere in d.c. this is a man who thrives on division. he pits one class of people against another. megyn: he says we can make the millionaires pay more or you are going to have to make cuts in the military, healthcare or education. is that a real point? >> way was going to say -- i see where steve is coming from because on the one hand he's saying we have got to tax the rich more.

but on the other hand he's saying we have got to allow tax incentives for small businesses. so you are saying to the small business person, look, do well, and then once you hit it out of the box and become wealthy, we are going to penalize you for being wealthy. megyn: that does not sounds like a democrat. >> that would be a good problem to have if you were that wealthy. a lot of these small businesses can't even get off the ground because of the current tax code and the current state of our country. megyn: did anybody think it was effective to have warren buffet's secretary there? do you think the average person at home is responsive to that? >> look at the word. she pays more taxes than warren buffet which is an absolute an

total falsehood. she doesn't. she pays a higher tax right. the democrats in the senate are the ones that protected this stuff, and this was a reference to romney and his wealth. this is typical democratic populism. you can confiscate every dime the millionaires make and it still won't solve the deficit and spending problem obama has running up. megyn: is that the way people think? the regular american folks. my mom and stepdad making very little money thinking i would rather seat million airs taxed more than me. >> i think it's a good point to have a discussion about the tax code. but be very careful. barack obama is crafty and creative when it comes to his words. there is capital gains tax, there is personal income tax, there is real estate tax. which is he speaking about? to say that his -- warren

buffet's secretary pays more than warren buffet in taxes, which rate? megyn: the president suggests we are going to tax people who make a million or more a 30% tax rate. doubling it controversial? >> it will hurt economic growth. we lowered the capital gains rate under bill clinton to stimulate the economy. very good political theater, i don't think good governance and i don't think it will play out. megyn: when you boil it down to policy it may not fly even though it sounds good in a sound bite. >> it's the same old policy he has been trying the last three years, more regulation, bigger government, take away incentives from people who can create jobs. i would rather have them have

the money go to stimulating the economy and growing jobs than have the money go to the government. megyn: they are pointing to this sound bite as an example. >> why one built this country on their own. this nation is great because we built it together. this nation is great because we worked as a team. this nation is great because we get each other's backs. megyn: some are responding saying it's based on individual bill of rights, the power of an individual to overcome circumstances. >> he has done exactly opposite. this man has shown no intention to work with congress. when i was working with the president i was good friend with the late senator ted kennedy, and i also -- i did work for kennedy also when i was younger. but we were still very good

friends. the president knew how to be a leader and work with congress. and that is the difference. this guy has shown no -- he's so devisive. >> he's trying to foster the atmosphere, rely on the government, the government will meet all your needs because that's what he believes in. >> we also need individual initiative. all we got was common purpose. individual initiative is what does it. megyn: do you think that's shifting an approach to being an american? >> what he cynically misses is the exceptionalism of the american people. the fact that we are a unique country, we strive for the best, we dlief on cry says. what he's looking is the leadership to take us out of this crisis.

>> i don't understand all of this devisiveness talk when obama is essentially trying to unite that 99%. that's a big part of country, no? >> do you think he was talking about his inability to deal with congress and his trying to do what he thinks is the right thing? and maybe he's just being met with a stonewall with congress in don't you think maybe he was trying to say that, congress have my back. megyn: do you believe that's what he was going for or do you think he was going to the america the rich need to have the poor's back. >> how many times did he say put the bill on my desk i'll sign it. >> a perfect example of exactly the division. megyn: tracy. >> that exactly what the president is doing. he is creating a division and

saying put it on my desk, let me sign off on it, and he's pushing the blame off -- he has a monopoly on hypocrisy. >> the president could have anything he wanted. what did he give us? three incredibly bad policies. obama-care, dodd frank, and a stimulus plan that provide no jobs whatsoever. megyn: let that be the last word for now. great job. thank you all. love these panels. we are still taking your thoughts on it at kelly@foxnews.com. a high school student writes an open ed piece for a local paper about whether same-sex parents should be able to adopt. the next date boy gets called to the principal's office. the article gets band from

further publication and the student is in a lot of trouble. is that legal? one man riding snowmobiles with his cold weather buddies gives a frightening lesson why you don't do this stuff alone. ion? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition new v8 v-fusion smoothie. could've had a v8.

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megyn: airline passengers getting a big boost from uncle sam. air carriers are required to honor advertised ticket prices. carriers will be required to notify passengers of delays of more than 30 minutes as well as flight cancellations and diversions. freedom of speech suspend on school grounds. a 15-year-old boy in wisconsin tang out of class, mission at

least one exam. called in a meeting with school administrators all without his parents' knowledge because he penned an opinion piece in a local paper arguing against same-sex couples being able to adopt children. >> reporter: he wrote quota child needs a mom and a dad because that is how god intended it to be. that student quoted a number of bible verses. he says the principal and the district superintendent called him toa to a lengthy round of meetings and suggested he was violating the school's bullying policy. >> i think what is bullying is when the principal and superintendent brings brandon into meetings, calls him ignorant for his viewpoints, ask him to retract it, then threatens him with suspension over this situation.

that's bullying. >> reporter: the paper says the school sent out a letter apologying for the article. the familyes the school should be apool jiesing to brandon. the school superintendent says there is a great deal of misinformation about what happened and told us this. quote, it is not our intent to stifle public discourse. however, it is incumbents on the district to foster a learning environment that is free from bullying. so far no response from the school on the request it apologize to the student. megyn: "kelly's court" is back in session. on the docket, this case. does the cool have the right to silence this kid's speech? joining me to discuss it is kimberly guilfoyle and mercedes

colwin. kimberly, does the school have the right to tell this kid he can't say the way he feels about the issue of same-sex adoption. >> absolutely not. this an extreme example of political correctness break and violating this student's first amendment rights. some people may find what he wrote to be offensive about it is his personal believe. he was asked by the school to provide an op-ed piece. there was time given to the opposing side. then to bring the young boy, 15-year-old into the superintendent's office, why he is getting involved without notifying the parent? it many his rights that have been violated. they should issue an apology. megyn: the school goes to these kids and says one of you write one that for and one of you write one that's against.

the skid did as was told. >> it's not just that he was -- it's what he wrote. he says homosexuality is a sin. those are words that are very powerful and prominent his article. if you look at the bullying policy in this district it says specifically that there are acts that promote social alienation should not be permitted. when you make hateful comments. in this type of form where you have a policy in place that says if you act in a certain way that will exclude, isolate and

promote that type of behavior, that's where the line is drawn. megyn: i want to get to kimberly on this. the school says you couldn't run down the hallway and yell that stuff about it being an abomination without us calling it bullying. you can't do it in a newspaper article either. >> that's their viewpoint which i think is erroneous. this isn't a case of active bullying where he's seeking a particular student out. there was a student that read it that whose parents are a gay couple, he was i doptd. perhaps that student might be offended. do i think this was a good topic fear high school forum? no, i do not. but how is that the fault of this student who was asked to participate, asked to produce this piece. why don't they call that person in and say maybe we should be talking about the cupcake sale instead of this.

meg there are there was a decision out of the third circuit that held that a broadly worded anti-discrimination anti-bullying policy may violate the first amendment rights of the students. a school can't just say you can't say anything that might be perceived as bullying. so this kid may have an argument that they have gone too far on the policy. >> there is a balancing act. i think there are 41 house noalds this county with same-sex couples with children who are of school age. it's a balancing act. so what the school look at something like this and look at those particularly offensive words that's quote they said this bullying policy will trump what this individual might want to say because there are the rights of those children that are in the school system. megyn: kimberly, can the student

file a lawsuit because he says intimidated and threatened about it principal and missed an exam? >> i don't think it's actionable in that regard. they should issue an apology and he should have had his parents consult. melling * interesting situation. mercedes. let's see themyo one more time. you like them? megyn: you look great. i love them. all right, panel. thank you both. terrifying moment caught on tape.

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megyn: incredible video a rescue after an avalanche bury as snowmobiler in matter of seconds. the entire thing caught on the helmet cam of another snowmobiler. >> reporter: you can see the video. one of his buddies had the

helmet camera on. he had fallen off his snowmobile. you can see him walking around there. if you keep watching you will see his buddy riding around in the snowmobile next to him. now, you see him disappear. he was swallowing up by the snow. he was face first in the snow. he's yelling grab the shovel, they start digging him out. john swanson said he was beneath the snow an could not breathes. every time inhaled web was inhaling ice balls. >> i thought the snowmobile was on top of me. it wasn't nil was undug and looked back at the hillside and realized the whole hillside gave away it was like being in concrete. you wiggle here or wiggle there.

but there was nothing. the snow filled my mask. >> reporter: he says he watched the video a number of times and he says not tells him he needs to have an avalanche beacon and better equipment next time he goes out snowmobiling. you saw the scarring on his face. that's from a fire was involved in many years ago that has nothing to do with this incident. in this case he's totally fine. his snowmobile mates pulled him out just a time. megyn: he went out with good buddies, that's for sure. google throwing internet users a big curve. the new rules allowing the search giant to create a complete picture of who you are. where you go and what you read, even without your consents.

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making making -- >>megyn: an embarrassing mistake outside of a high