jenna: and jon's been here. this is what we're getting the whole newsroom. it's always more collar when we havpopular when we have food on set. jon: the other networks eating their hearts out and we're eating free pizza today. jenna: "america live" starts right now. meghan: fox news alert, a race for the white house enters a brand-new phase. welcome to "america live," everyone, i'm megyn kelly. the first four contests in the books and the four g.o.p. candidates left standing. if you thought the race was heated and hectic before, brace yourselves. take a look at what is up for february. there are seven nominating contests on the calendar in the next four weeks. 239 delegates at stake. that is a little less of a fourth of the total number needed to secure the republican presidential nomination. so what happens now? chris stirewalt is our fox news digital politicsed tore and host of hower play on come come

live. chris, realistically, let's say one candidate, pick your candidate, doesn't matter amasses a win in every single state in the month of february, how many delegates would he have won. in the whole month of february you about 172 available just in the month. i hate to be a political nerd, those are not all pledged delegates. 104 of them are not bound. meghan: what's that, will you go to the prom with me? we'll see. >> reporter: unless jimmy askses. only about 5% of the way through the total delegate count. when newt gingrich, ron paul and rick santorum saying i'm going all the way, there is math to support their argument. meghan: but romney would say it's about building momentum and the air of inevitability, and if you keep winning and win ink

america looks at you as the winner. is it true when the delegates are pledged like the a ambivalent prom date? >> reporter: yes, prom knee i romney is expected to win heavily in nevada. they are going to divide up that month. he'll be looking ahead to michigan and arizona which are at the very end of the month. meghan: february 28th. >> reporter: this is to mix our metaphors perfectly, super tuesday, 509 tkpwel gather, the biggest trove delegates is the first tuesday in march. and it's going to be a big deal. everyone wants their talking points and be limb erred up so when they get to the big contest they can make a good show. meghan: do you foresee any of these candidates to get out before super tuesday. >> reporter: certainly ron paul is not going anywhere. he's been clear about what his strategy is. with 509 delegates laying ahead

there is no reason to get out. it is not that expensive to stay on the road for another four or five weeks. if you have enough money, keep the bus full and feed pizza to folks why not stay out there. meghan: is there any state where you had to have a lot of dough in the bank to stat rate the media market. >> reporter: some of these are beauty contests, but nothing is of this magnitude. super tuesday you'll see georgia, you'll see virginia, you're going to see big states, tennessee, that award a lot of delegates that are really important. meghan: let's say we get through february, and super tuesday, and we're still not going to have a candidate that has the mathematical number of delegates, right? that is not possible? >> reporter: not until certainly may, basically. there is a mathematical way that if somebody won the whole thing. you're into may. meghan: is it very lopsided after super tuesday, then are we to believe that the losing three can and will stay in it even then? >> reporter: that -- we'll wait

to see about super tuesday. that is all good talk about going to the convention until after super tuesday. if the money dries up and you can't keep gas in the bus and buy the pizzas, then it gets pretty hard to stay out there. ron paul has a lot of money, he runs a lean operation, he will be there no matter what happens. gingrich and rick santorum, it is debatable. meghan: newt has sheldon. >> reporter: sheldon has dough. meghan: sheldon has a lot of dough. we keep asking sheldon for an email or anything. we'd like to get to know sheldon. he doesn't call or write. chris, thank you. mitt romney pulling out a decisive victory in florida yesterday securing a whopping 50 delegates. his republican rivals sound like they are looking for a knock down drag out fight despite that win. what does our focus group think of the road ahead? >> it seems as if he just can't handle that position. >> he's not going to give up, that is for sure.

>> what do you think? >> i think newt is starting to show weakness. he's starting to get tired after two debates. obama is going to go steady and hard. i don't think newt can put up with that, i don't think he can challenge that. meghan: we'll have more from our focus group in our next hour. fox news alert, we are awaiting a white house briefing right now, housing secretary shaun donovan expected to answer questions about the president's new mortgage plan. it was announced today. it would allow millions of homeowners to refinance their homes, but not all homeowners who are underwater on their mortgages. this is the latest in a series of controversial programs aimed at reviving the housing market. ed henry is at the white house today. >> reporter: good to see you, megyn, that's right. republicans on the hill already complaining that this is at least four or five bytes of the apple from this president in trying to solve the housing crisis. i think the white house view would be that this is not something that is simple to solve. obviously the housing crisis at

the root of the entire economic turmoil we've seen over the last two years once the housing bubble burst. going back three years ago this month the president first laid out a housing reform plan in mesa, arizona, promised he was going to help several million people. in fact officials admit it's under a million people who have been helped to stave off foreclosure ordeal with the fact that their mortgages are underwater. a new plan today from the president in northern, virginia, stressing that he wants to help people take advantage of these historically low interest rates and try to refinance, also wants a homeowners bill of rights that will make it more simple, all the paperwork that is attached to these kinds of transactions. take a listen to the president. >> i am sending congress a plan that will give every responsible homeowner in america the chance to save about $3,000 a year on their mortgage by refinancing at historically low rates.

[applause] >> reporter: now in order to take advantage of this what he says responsible he's referring to the fact that you have to be current on your payments, you can't be in default. if you're going to try to take advantage of this. house speaker john boehner has already said while he'll look at this plan he says this is at least the fours time the president has taken a crack at this issue, and his response was, look you basically need to kind of let the market ride out and hit bottom, you can't keep tinkering on the edges and try to prop the housing market up, megyn. meghan: thank you. to give you an idea of where the housing market stands, since june of 2006 home prices in 20 metropolitan areas around the country have fallen nearly 33%. those prices continue to drop. 19 of those cities saw home price declines for the second straight month. atlanta being hardest hit. as of november 2011 average home prices are back to mid 2003 level. in washington d.c. an intense brawl erupts at an occupy campsite after a pair of fed up

citizens try to tear down a tent built over a public statue. one of the men was mobbed by the protestors and says he was repeatedly yelled at, pushed and shoved. the men apparently taking matters into their own hands after protestors defied a police order to take down the tent, and a court order not to camp in the park. paul wagner has that story from our d.c. affiliate, wtgg. >> just before noon as protestors were about to gather for a meeting this man walked up to the tent and tried to tear it down. >> i was trying to take it down so i could see it. they can put it back up if they want. they claim it's free speech to cover it up. i figure it's free speech to take it down. >> reporter: palm says he works in the neighborhood as an elevator contract and is sick of the occupy movement devouring the square. >> you've seen this park six months ago, it was beautiful, we had brand-new sod put down on the lawn, it was green and

beautifu beauty beautiful. i eight bunc eight lunch here. now look eight. >> reporter: at 3:30 this man approached reporters saying he was a taxpayer, he had enough of the occupy movement as well. he identified himself as rick mangis a retiree. he cut the strings holding together the tents over the statue. when protestors realized what he was doing they moved in. >> everybody take a string and guard it. >> reporter: a confrontation that escalated and had the police responding in force. >> he's got a pair of scissors. [yelling]] inaudible yelling]

>> reporter: u.s. park police surrounded the man and led him out of the square. meghan: coming up later this hour we will speak to the man who cut the ties to that tent. we saw him moments ago. police say it's not just the tent that is the problem, but also this mask which is another form of vandalism they say. the statute, by the way was built in 1876 and is a civil war monument to general james b. mcpherson. the very first tv ad from the president's re-election team attacks a couple of private citizens who have broken no laws and committed no crime that we are aware of. in three minutes see why their lawyer, a guy you may have heard of is now asking if the president has an enemies list. and have you noticed how it's costing more every day to fill up your car? we'll look at what is going on at the pump and the prices.

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megyn: the president's first campaign ad of the 2012 election season, an ad that attacks so-called secretive oil billionaires. the unnamed billionaires are the koch brothers, charles and david, well-known conservative

businessmen. now the brothers are fighting back. their attorney, ted olson who was the solicitor general under president george w. bush writing an op-ed in the "wall street journal" asking if president obama is keeping an enemies list. he asks, quote, how would you feel if aids to the president of the united states singled you out by name foray tack and if you were featured prominently in the president's re-election campaign as an enemy of the people. this is precisely what happened to charles and david koch, even though they are private citizens and neither is a candidate for the president's or anyone else's office. joining me is stu varney. host of varney & company. this is not the first time we have seen the administration or democrats take direct aim at private citizens. >> i call this a disturbing tactic emerging in the president's re-election campaign. it is a campaign of intimidation, bullying and demon nicing private sector individuals because of their

political views and their opposition to the president's political policies. for example, the coch brothers feel they are being singled out. remember when congressman waxman demanded their appearance before congress to answer questions about the keystone pipeline. megyn: just last week. >> we spoke about it last week. the coch brothers have no connection, they deny any connection to the keystone pipeline. they feel they are being singled out. megyn: we talked last week about who cares if they do have an interest. they don't, but who cares if they do. why would you be subpoenaing or demanding that private citizens come before congress to talk about how they may or may not benefit from the keystone pipeline. >> it suggests that they are being singled out and that you're actually stretching the boundaries of the legitimate use of government power. they call the koch brother secretive, they are pulling strings behind the scenes and playing fast and loose with the truth. that demeans their reputation.

they are law abiding american citizens expression their right of free speech and now they are being demonized by the president's re-election campaign. megyn: they are not democrats and have not donated to democratic causes. they donated 2.9 million to federal political candidates since 1990, almost all of it went to republicans. does that make them fair game? >> i don't think it makes them fair game. it's a i will legitimate at that time particular. you're creating an enemy list. you're going after your opponents, not because they have done anything wrong, you're just going after them. that is setting an unfortunate trend for the upcoming campaign. what are the boundaries of the use of government power. megyn: does it scare people out of offering their money. >> yes. megyn: for whatever political candidate or issue they believe in? i want to point out back before the 2010 midterms this became an

issue in that election too and karl rove was demo demonized by some for having a pack and putting out some ads. he thought there was an enemy's list. >> this is a desperate and i think disturbing trend by the president of the united states to tar his political adversaries with some kind of enemy's list being unrestrained by any facts or evidence whatsoever. >> looks to me like an attempt to demonize the koch brothers, shut them up and keep their money in their pockets. megyn: why should libertarians are concerned with this. >> they are extremely wealthy, they have a great deal of money and they have a great opposition to the president's policies. he wants to get out front, silence them, intimidate them and stop them from going much further. megyn: if this president with do it to them, what is to stop a

republican con kentucky tere from doing that. >> that was set by richard nixon with his enemy's list, let's hope we don't repeat it. megyn: thank you, sir. do you live near a terror hot spot? we have a map to help you answer that question. we showed you a crazy scene in dc when a former police officer took on the occupy d.c. folks. that officer joins us live in 15 minutes. morey lidge us groups joining the catholics in their fight against recent changes in president obama's healthcare overhaul that they find highly objectionable. a rabbi, a priest and a lawyer, no, i'm not kidding, will join us live just ahead. >> when you push people of faith and you tell them that the government is going to knock down the wall of separation of church and state and over reach like the obama administration you've got a war on your hands. ♪ all right ♪ yeah ♪

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megyn: have you noticed it's a little unseasonably warm outside? folks enjoying the great outdoors in places like chicago, the warmest winter there in 80 years. unbelievable. it's only 20 -- no just kidding. it's genuinely warm in chicago and elsewhere. but how long will it last? meteorologist janice dean is live in the fox weather center. what is going on and how long do we get to enjoy it? >> reporter: maybe we'll ask the groundhog tomorrow. i don't then he's been hibernating it's been so nice out. nice if you like the warm temperatures. i know a lot of skiers are not liking me right now. this is the pattern we've seen over december and january. all that really, really cold air has been bottled up way up north, and our arctic jet stream

has just been on the border of canada and the u.s. much of the country has been dealing with above-average temperatures. but that has also led to spring-like storms. we've seen almost a record number of tornadoes this season already. there is the downside to this pattern. the next 14 days we'll see a little bit of that cold air creeping in across the great lakes in the northeast but that really cold arctic air remains well to the north, so you never know, we still have half of the season to go, but for the foreseeable future still dealing with warmer than average temperatures for most. 61 here in new york city. you know the folks will be out there with their shorts and crazy t-shirts, and go jets -- not jets, tkpwaoeupbtsz. go giants. oh, my gosh i'm going to get the emails. megyn: it's 62 in phoenix right now and it's 61 in new york city. that is unbelievable. >> reporter: look at you paying attention to the weather map. fantastic. megyn: i'm learning, i'm learning how to read and see numbers too.

>> reporter: go giants. megyn: j.d. this is awesome. thank you so much for this. >> reporter: okay. megyn: we appreciate it. 61 degrees in manhattan on february 1st. that doesn't stink. well favorite story of the day a five-year-old girl gets a birthday president she will never forget. her dad, sergeant adam page who was serving in afghanistan surprises little bailey in her kindergarten class. watch this. >> do you love chocolate? >> yes, i like chocolate s u.n. ds u.n. dae. >> and who is this bailey. >> that's daddy. >> you love your daddy? guess what, bailey. turn around. >> dad! my dad!

i missed you. >> i missed you too, m u.n. chkin. megyn: it gets you ever time. who out there is not tearing up right now? not a dry eye in the class either. listen to bailey telling her dad how happy she is that he is home for her birthday. >> i'm happy. >> happy birthday. >> that is my only birthday present i wanted, that's you. megyn: oh, my god, how are we supposed to go on from here? well sergeant page has served in the army for seven years. this time he's home for good. it will be the first time he's lived with his family full time since little bailey was born. god bless them, and god bless all of our men and women in uniform and their families who are making sacrifices while you and i go about our daily lives not paying attention to them. all the best. now we have to move onto news that is kind of depressing.

attorney general eric holder is facing possible charges of contempt of congress. these stories stink in comparison to that one. a leading member of the house is accusing the doj of a cover up over operation fast and furious. back now to the depressing, scary news. catholics -- i'm sorry. come on. catholics are calling on other faith skwraoups t join their fight on part of the president's healthcare overhaul. don't tase we bro. a man gets 20,000 volts from a park ranger and you won't believe why. >> all we could hear was almost like a gunshot, like a pop, and he just fell like right on his back. so, this is delicious 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.

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megyn: fox news alert a right to work bill is about to become law in the state of indiana. the first time one of these kinds of laws has passed in a decade. we've got live pictures coming back now from the indiana state senate, where they passed the legislation, which was not without controversy in the last hour. the bill will prohibit labor contracts from requiring workers to pay union fees. supporters say the measure will increase jobs, opponents are worried it will lead to lower wages. governor mitch daniels is expected to sign the bill into law. some unions had been threatening to disrupt the super bowl over this. the governor had said, don't try that.

politics, and the pulpit. a number of religious leaders now speaking out very publicly denouncing the obama administration. at issue is a piece of the president always healthcare law, it forces religious institutions to cover contraception as part of their employee health plans with no co-pay, even when that would violate religious teachings. but the white house says the law increases access to important services. here is a little from both sides on the argument. >> the decision was made as we have said in the past, and secretary sebelius has said after careful consideration. the administration believes this proposal strikes the appropriate balance between respecting religious beliefs and increasing access to important preventive services. we will continue to work closely with religious groups during this transitional period to discuss their concerns. >> when you push people of faith and tell them that the government is going to knock down the wall of separation of church and state, and reach -- over reach like the obama

administration, you've got a war on your hand. the culture war is at an apex. megyn: peter johnson jr., a fox news analyst. ray shapiro: it does sound like a joke, a rabbi, a priest and a lawyer join me on the set. you heard bill donahue talk about how you've got a war on your hands. you heard the administration yesterday say, we've struck the appropriate balance. they've given the catholic church until august to come employ with the new man date that says, not the kphoeufp but religious institutions, catholic universities, hospitals, have to cover contraception for their employees with no co-pay, and it led to the bishops now sending out this edict over the weekend that had priests standing up in mass reading to their congres

congress congratulations letters that say they are not going to comply with the law. does this go against religion. >> absolutely. in this particular situation it's the catholics that are under assault, their religious freedom. once you assault religious freedom by saying that the government or any nationalized program has prerogative over religious freedom it will extend beyond the catholic situation, it will affect the jewish people, protestant organizations and far more than that. megyn: reiterating yesterday, they are striking the appropriate balance between respecting religious beliefs and increasing access to important preventative services. >> if this is how they respect religion i would be afraid how they would attack it. this is outrageous. you're trying to tell the bishops of the united states how to run the church or what services to offer to employees. telling a catholic university it has to pay for sterilization, drugs and contraception. this isn't how this country was founded as the rabbi said.

religion is not a problem it's one of the foundational benefits we have in this country, free exercise. megyn: the white house came out yesterday, peter and said there is no constitutional problem here, there is no problem with the law, so this is just a moral debate. >> i've looked at this carefully and i would suggest that it is a moral debate, it is a cultural debate, but moreover it's a constitutional violation. this is an excessive entanglement with the catholic faith and other faiths and it's designed to impede and infringe on the free exercise of religion. when you tell a faith that you must, under compulsion of law, do abortion drugs, that you have to sterilize -- give people drugs that will cause the death of a fetus then you're saying you need to act in a way that is our will as a government but against your desires and belief as a faith. that on its faith is unconstitutional. megyn: they say 98% of catholic women use contraception.

so what is the big deal. >> the big deal is the catholic church teaches that is wrong. morality is not determined by a vote. the government coming in and saying you teaching morality is no longer valid, you have to suspend it, you have to do what we say. that is a constitutional problem and undermining this country. megyn: doesn't there have to be some line that a government can draw where they say we need to protect certain rights of the masses despite the teachings of the church or synagog, et cetera. >> these are fundamental catholic injuries, these are centuries old. this is not the area where the government should start to be telling the church how they should lead their theology. i think beyond all this it does alert us to the danger in nationalizing programs, because when the government nags in national izes it makes them seem

like that is more important than how they were founded. megyn: in the last 15 presidential elections only three presidents have won the white house without carrying the catholic vote. even liberal democrats who happen to be catholics have come out and they are very angry about this. >> that is a great historical fact, especially when we heard the president at notre dame speaking about the issue of conscience, and he tacitly said i'm going to recognize the issue of conscience. it's not up to the federal government to decide who is a catholic, who is a jew, who is a muslim, how they worship, where they should worship and what their body should be doing in terms of exemplifying that faith. going to the legal question you asked, there needs to be a compelling government interest to overrule the notion -- megyn: they say it's now, it's planned parenthood, it's the reproductive right groups saying young women need access to this. >> it's a political interest.

to say somehow we're protecting the rights of women and then the catholic church is acting in a way that is in derragation of their rights, so we're choosing women over catholic liberty that is not a choice constitutional lee. politically they probably think this is a smart choice. i don't think it is. megyn: i'll play the clip from notre dame. >> draft a sensible conscious phraus. megyn: the white house thinks it's done that. there is a conscious clause that says if you're a doctor you don't have to perform an abortion. do you feel like he's violating that promise, father. >> absolutely. there is no exemption for catholics to have to give out stuff that they don't approve of. and forcing the government's hand on religion is itself, as the rabbi says that is a universal principle that is odious. this country was not founded so the federal government can tell religions how to run their

operations. megyn: do you see this going away any time soon. do you think people of faith are going to come together on this regardless of the faith. >> i i hope so. what is at issue is not only religious freedom, but many of my colleagues have found that economically socialism is acceptable, they are going to be woken up to the fact that sews list eupl has an agenda far beyond economic. it has its own value system that says really we're against distinctions of any type and religion is certainly threatened with such an outlook, such a perspective, because in religions there are distinctions and we can't allow the government to erase that. i think this is an indictment that the left wing liberal serpblg i can who like the economic plans of socialism should realize the ultimate danger that goes beyond the economic agenda of socialism. megyn: if the white house doesn't back down will the catholic church follow this. >> i'm sure it will be decided in the court. if they do try and fine a catholic institution for not

offering healthcare i'm sure we are not going to pay the fine. this is defining. we do not let the government tell us how to run the catholic church. >> the courts will decide, i predict a new era of civil disobedience in this country. megyn: are we going to see the father out there and the rabbi out there with the tent. >> i think it will be dig in a tied, but i think people are standing up for their rights together, especially when it comes to liberty. megyn: thank you for being here. we showed you earlier some of that dramatic scene when a former police officer single-handedly took on occupy washington. you can't see the rabbi and the priest under the tents, it's not going to happen. a man is trying to uncover the statute in the middle of shouts and other actions. he joins us after this break. gas prices are soaring. it's not even spring yet. how high will they go and why is this happening? answers at the top of the hour. ♪

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megyn: republican presidential hopeful mitt romney picking up delegates last night. today picking up secret service protection. candidates must meet certain standards in order to qualify for protection. among them you must be a major candidate who has raised a certain amount of money. romney's events have grown larger as interest in the events increases. ithey started handling security for then candidate barack obama back in may of 2007, that was the earliest ever for a presidential hopeful. earlier in the show we brought you the story of a man involved in an intense brawl with a group of occupy protesters in d.c.

retired police officer rick mangis was trying to cut down a tent built over a statue of general james mcpherson, in mcpherson park. police ordered the group to take it down. when they refused mangis showed up and was quickly surrounded. [yelling] [shouting] >> stop, stop. megyn: rick mangis joins us live. thank you so much for being here. what made you go down to the park and take matters into your own hands? >> well, megyn this has been going on now since i guess mid october and i was nearby. i'm a retired, tax paying citizen of washington d.c., and enough is enough with this.

i'm not an avenging angel, i'm just an average person who has seen this park transformed into a beautiful spot where people can go for lunch, or just to go down and read a book, or whatever. it is now a decembe desolat e-waste land. the grass is gone. it is overrun by rats. it's a dangerous spot. there are hypodermic needles all over the place laying on the ground. the place smells of urine, and it's very disgusting. megyn: this is a before and after shot of the mark as you used to enjoy it versus the way it looks now. so you decided to go down there and take down the tent that was covering the statue. they put it up as private citizens, you decided you would take it down as a private citizen. what were they yelling at you in the video in it's tough for us

to hear. >> they were yelling every obscenity known to man. i have no right to be in the park, i have no right to take down their tarp, or as they call it their tent of dreams. i'm exercising my first amendment right, which they are doing, and i decided to do the same thing by removing that tarp, which is obstructing the view of general mcpherson's statute. megyn: the police, the park police in d.c. have come under some scrutiny, they were called before congress to talk about why they have let these occupy protestors camp there for the better part of three months despite a clear regulation prohibiting, a law prohibiting camping. you cannot set up camp in a public park in d.c. and stay overnight. they said we are trying to strike a balance between the first amendment rights and the law, and the citizens that work and live around the park. do you feel they struck that balance? >> no they haven't. no matter which way you slice it it's a big bunch of baloney on

the part of the park service. the individual officers, the men and women who are down there are not to blame. they take their orders like every military or paramilitary organization from higher up, and the head of the park service, to sort of coin a phrase from one of our hosts, is a pin head, and the thing of it is, is that they had to actually come in and physically -- the phr-rbg poli the park police officers had to come in and physically surround me and protect me because at that point when they arrived i was being assaulted, i was being spat on, and i was told that i'm not welcome there, even though it's a public park. megyn: this is four blocks from where you live. so. >> that's right. megyn: you've seen protests before presumably, because this is where people go. i mean d.c., that is protest central over the years. have you ever seen something like this? have you ever complained about protests before?

>> no. because everybody has the right to do that. that's what this country is founded and based on. but any more you have haol louisianhooligans. that's what these people are. they are not there to protest. i've seen a lot of people shouting and symbols of anarchy. these people are anarchists. none of them, i shouldn't say none of them, but the majority of them don't even live in washington d.c. they had come from other areas of the country because they are professional mal contents. megyn: i know you feel like you are part of sort of a silent majority in and around the area who has been respect full of their right to protest, but you've just had enough. >> i've had enough. because, you know, president nixon used to callhe the americn people the silent majority. well, we have turned in now into the comatose majority, and something needs to give here. i mean our politicians don't listen to us. for example, the mayor of this

city puts members o plus members of the city council has embraced these people. this has cost the city almost a million dollars in support, back up support for the u.s. park police, or when these people decide to block a highway in the city, plus the trash pick up, and other items. megyn: rick mangis, thank you so much for coming on and telling us your story. >> thank you so much. megyn: taking your thoughts on it at kelly@foxnews.com. a new map what shows the terror hot spots across this country. we'll have that for you in three minutes. retired lieutenant general william boykin took part in many special ops over the decades. he just had to recreate from an invitation to speak at west point because of past remarks about islam. we will have generals on both sides of this growing

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megyn: a new study just released can tell you if you are living near a hot spot for terrorism. researchers mapped out areas based on nearly 30 years of data of past attacks. trace gallagher live in our west coast newsroom. this is sort of a live-die segment, tell us. >> reporter: it was commissioned by the homeland security department. they use the past to predict the future to stop terrorist attacks. they went back and looked at all the terror attacks in this country from 1970 to 2008. there were 2600 terror attacks, and then to use that they created what they call a hot spot map. if you take a look at this thing it kind of gives you an idea of

where the terror attacks were. anything over six terror attacks is considered a hot spot. you see right there the very small red dots might have been only one or two but there were 65 counties that fit the bill of terror hath spots the bigger the red dot the bigger the terror hot spot. one-third of all terrorist attacks happened in five areas. manhattan, los angeles, miami-dade, san francisco and d.c. they found that terrorism has also changed over the years. in the 70s it was all about extreme left-wing groups. in the 1980s the terror was about religiously motivated groups. in the 1990s it was extreme right-wing groups. you know it's interesting as well because in texas they have only experienced right-wing terrorism, and in the bronx, new york, only left-wing terrorism. look at this. we focus a lot now on terrorism and homeland security, but it's actually at historic lows. the attacks in the united states

have actually dropped over the years. look at this from 70 down to 2008, that is an indication maybe because we are foiling more of these terrorist attacks or actually alert towed more o alert towed more of them the reason these things are going down. megyn: that's good. that map is down right terrifying for those of us -- put it back up. those of us working here, this lit area behind me, that is smack-dab underneath that huge, receipt circle. this is like new year's eve when they always tell bill and me, in the event of an emergency, if we lose the feed from time square we'll have a stand by anchor back at the studio. bill and i are always saying, where will we be under this scenario? what happened to us. >> reporter: we are in the second biggest dot. megyn: i'm heading out to montana, no red. eric holder back on the hot seat facing accusations of a cover up and possible charges of contempt, contempt of congress.

all over the failed fast and furious gun running sting. we'll tell you the latest. apparently the leash laws in california are pretty strike. one dog owner just taking his pet for a walk took 20,000 volts to the chest. [ male announcer ] this was how my day began.

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i got it ! s, i won ! woo hoo ! it's got a thermos ! rely on verizon 4g lte. because only the fastest survive. megyn: america's chief law enforcement officer could be in contempt of congress. i'm megyn kelly. attorney general eric holder set to testify on "operation fast & furious" tomorrow. that's the botched federal gun running operation that put guns in the hands of some mexican criminals, two of which were found at the murder scene of an american border patrol agent. now a congressman leading the investigation is threatening to hold the attorney general in contempt. >> reporter: if to wonder why this committee is sceptical of

this administration. the justice department at first denied there was a problem with "operation fast & furious." they called the whistleblowers liars. the house continued to press its investigation. yesterday that moved into a new phase. with congressman darrell issa threatening the attorney general with contempt of congress. writing since the department originally misled congress it's necessary to investigate the department's response to our investigation. your actions lead us to conclude the department is actively engaged in a coverup. >> our real question is, the department of justice has the responsibility to oversee hundreds of operations around the country, to know water in and know what they shouldn't be. it's clear they knew what they were and approved them or they weren't doing their job.

>> reporter: the justice department dismisses this as politics and claims it's cooperating. democrats say there is no evidence holder or his top political appointees did anything wrong. but the committee sees an effort to hide wrongdoing and potentially criminal behavior. holder said congress will get not documents after february 4, 2011. congress says without those -- those are vital, if you will to prove there was a coverup. that's one showdown and i can guarantee there will be others. megyn: william, thank you. to the campaign trail where it is farewell to florida and welcome to the west. today candidates fanning out across some of the next battleground states for the

republican nomination. mitt romney started the day cam name minnesota and will end tonight nevada. rick santorum makes the rounds in colorado. nevada will be the next contest for the candidates. that state's caucuses just thee days away. john roberts is where else? when they tell to you go nevada to cover the presidential race, you say, vegas seems as good a place as any? >> reporter: it does. but we are not on the strip. we are in a senior citizen's center in eastern las vegas. this upcoming caucus is the first in the west. it will give us an indication how they are going to play out here it's a binding caucus. 28 delegates at stake. those delegates will be apportioned proportionately. but this is also allege important caucus for nevada

voters. this was a boom state. construction way, way up, house construction was way, way. you've everybody was flocking here and not you bottom has dropped out. the unemployment rate topped 14%. one in 16 homes in foreclosure. listen to a couple of voters and hear their zwroir. >> we are here in las vegas and we are in one of the most depressed markets in the country, and nobody in washington is listening to the people. >> i have a friend driving a school bus. he gets at the end of his route. he has three kids in the back of the bus crying because they don't know where they live now. they were foreclosed on and thrown out of their house. >> reporter: mitt romney won four years ago with 51%. ron paul came second and he's hoping to do a lot better this time around. he has a great grounds

operation. has not left the state for the last four years. one of the voting blocks they will be vying for is mormons. in 2008 they accounted for a quarter of all republican voters. ron paul told me he thinks he can do pretty well amongst mormon voters. >> they are emphatic about the constitution. limited government and self-reliance. they are not big government people. on the issues i'm very close to the mormons. >> reporter: 97% of mormons voted for mitt romney in 2008, so he has a tough hill to climb. what happens at the communities senior center stays at the community senior center. megyn: we are also watching a

mitt romney rally scheduled to take place this hour in motors. mitt romney greeting supporters at a trucking company. minnesota has 40 delegates upper to grabs. you can see it's a fairly busy month. but, you know, the big month is march when we reach super tuesday. february will kick off with the nevada caucuses. it ends with big contests in michigan and arizona. that's tuesday night the 28th. they add up to 239 delegates this month. the magic number is 1,144. look at the delegate count to date. this is why you hear newt gingrich and rick santorum and ron paul saying this isn't over, not by a long shot. many of the future contests award their delegates on a proportional basis. romney just picked up another 50

delegates in florida's primary. they all say they are tonight for the long haul. the associated press is reporting investigators say they found the $1.2 billion missing in the collapse of mf global. remember this firm headed up by former new jersey governor jon corzine? that firm went under last october. jon corzine has been subpoenaed to come before congress and he has done so and said he didn't know where the money went. people briefed on the matter tell the a.p. this money has been tracked to other customer accounts and banks, not sure what mat means. the allegation was that they were taking money that folks had invested in bad investments like european debt, and using money from another side of the business where clients

investment accounts to cover those losses. but we are not sure what this means. they say they may know what happened to the money, whether what happened was legal, we'll find out. more and more money is going missing from consumers as gas prices shoot through the roof. triple aaa says the national average for a gallon of regular gasoline is $3.45. compare that to last month when it was nearly 20 cents lower. what's going on? >> reporter: it may surprise to you hear this. it could be worse, believe it or not. but it's not this week and here's why. we have high supplies of oil and gas flown this country and we have low consumer demands. here is the problem. we have a lot of tensions with iran, or the fact that europeans

are boycotting exports to europe. why do we care about that in the united states? because there will be less oil supply around the world. one of my favorites analysts in chicago was telling me if things subside with iran, tensions die down a bit you could see gasoline prices go down 25-50 cents pretty quickly. by that would be short term. we have a couple refineries offline and a refinery in the virgin islands that's closing. that's cold 0 comfort for consumers paying 35 cents more per gallon. we are probably most likely at $4. i have seen some calls for $5, i don't think that will happen. you will see a jump in march because we switch over to summer blends. the type of gasoline we drive with changes.

we hope it's just not that severe. megyn: we certainly do hope so. cheryl, thank you. he was a distinguished commander on the battlefield scheduled to be a guest speaker at west points military academy. but thanks to what he sned 2001 and since then he has been pressured to withdraw from the speech an has done so. we'll have a fair and balanced debate next. a guy is walking a dog in the park when a ranger tells him, put the dog on a leash. mitt romney sitting pretty after a major victory in florida. but what do average americans think this means, not just for romney, but for gingrich, ander to actual and ron paul? our focus group with reaction just ahead. >> i thought newt gingrich distinguished himself. he reminds me now of how julius

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megyn: breaking news out of egypt where there are reports of 40 people killed and hundreds injured after a riot broke out after a soccer game. this is tape of the incidents that took place a short time ago. police say most of the injuries were caused by concussions and deep cuts. this is all we know, a riot broke out after a soccer game in cairo and there was serious fallout from that. we'll bring you more as we get it right here on "america live."

megyn: the colonel was scheduled to be a guest speaker at west point, but because of remarks he made about islam he's been pressured to withdraw from the speech. joining me now major general bob scales and tom mcinerny. do you outrank the lieutenant general? we'll go by general for both of you. >> tom was senior in rank and higher in the class. megyn: i'm glad we cleared that up. we are not talking about either of you. we are talking about another general. this guy has come under a lot of fire. let me start with you. tell the audience who this guy is and why he's become so

controversial. >> he was a special operations general. a great combat general. he had a superb record. bob knew him better because he was in the army. by i knew of his reputation. he made comments that troubled people about radical islam. i'm sure people are sometimes troubled about my comments on radical islam. but radical islam is the number one threat that the united states and the western world faces today. and he wasn't going up to west points to speak about radical islam, he was going up to talk about leadership and the religious relationship that commanders have -- that you have as a commander. the fact is because cair, the council of american islamic

relations went after him, i have a huge problem on this. that is going against four free speech. and -- going against our free speech. clearly the cadets at west points -- i was a graduate and my father graduated from there. i have a great deal of confidence and respect for the institution. i'm appalled they would not let general boinken go or he would have declined. i would have insisted that he go. megyn: it seems he was pressured too withdraw. there was enormous pressure cair. there they felt it would be disrespectful to muslim cadets. he talked about how islam is not just a religion. it's a totalitarian way of life.

talked about how a mosque is an embassy for islam and talking about how you can't have mosques in america because of islam. >> first of all, truth in advertising. jerry is an old and dear friend of mine and i'm good the friends with the superintendents at west points. here are the facts of the case. the chaplain that west point gave him a call and said will you come and talk about prayer and command. he said yes as long as it doesn't create a media stir. the last thing i want is my association with west points being amplified by the radical arab press and doing harm to our soldiers and marines. megyn: he's a man of faith. >> they all agreed on that. the minute jerry got wind of this media storm that was brewing he called up the chaplain at west point and said for the been 50s our soldiers and for all that's best for our

soldiers overseas let's cancel this before it turns into a media storm. west point agreed with that. there was no pressure on jerry to do it. the media storm started once jerry asked not to attend. his purposes were noble to agree to do this and they were noble to withdraw. the last thing jerry wants is to have this prayer breakfast somehow hyped by the islamist press and put our young men and women in harm's way. megyn: i didn't mean to suggest west point pressured him. cair and other groups pressured him and west point over this. his comments -- a couple of them -- they could be taken one way or another. but some of the more controversial one. he says in september 2011 we should seal the borders and eliminate stink wary cities and some folks will go home.

he said no mosques in america. islam is a totalitarian way of life, it's not just a religion. the argument was this is offensive to muslims. >> where i would differ with him is he should put radical islam in front his comments. the fact is radical islam is a totalitarian ideology, it's not a religion. what would -- what religion would advocate knotsers telling their 14-year-old sons to blow themselves up so they will be a martyr and get 72 virgins. the moderate muslims, they must take care of that. they must resolve that. i don't believe we can be in afghanistan and iraq and the middle east for the next 50 years. moderate islam must take care of

the radicals they have. so that's where i would differentiate with what the general says. i think that's the difference where he and i would part company. megyn: would there be a problem having this general stand up and speask radical islam as a problem give what these cadets are likely to face in the future? >> my sense is it would have been a problem regardless of what he spoke about because of the association with the general who has gotten some bad press in the middle east and west point which of course is the sacred terrain as far as the army is concerned. and the army and the general and the superintendent at west point did the right thing in this instance. let's part ways. everybody setting down, back away and not make a case out of something that isn't. megyn: general, thank you both so much.

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megyn: breaking news out of los angeles. authorities are saying a small amount of radiation could have escaped outside the san onofre power plant. they are saying it caused no risk to the plant workers. we are continuing to follow this developing story. we'll bring you updates as we get them.

a walk in the park takes a shocking turn for one california dog owner. the park was just turned into a national recreation area. which means anyone using it would have to follow the rules it's how one ranger even forced those rules that has locals barking mad. >> reporter: up until the first of the year golden state park you could walk your dogs off the leash. the park service took it over and now you have to have your dogs on the leash. a man was walking two small dogs, a park ranger explained the new rules and asked him for his information and said do not move until i process it. he said give me a ticket or let me wash away. and she took ought her stun gun. he said, ma'am, i have a bad

heart. if you tase me, it could be life-threatening. witnesses said the ranger said don't move another step. the man moved another step. >> all we could hear was like a gunshot an just fell right on his back. >> reporter: paramedics and deputies arrived a short time later. he was arrested for giving the park ranger false information. we asked the park service what the deal was. they said they are investigating this. they said it's sad that an instructional moment turned into this it was a teachable moment that became taserrable. megyn: unbelievable. >> reporter: he walked away. megyn: a major milestone and we have you to thank for it. a look back at what has helped

keep fox news channel in the number one rating. you don't want to miss clips of o'reilly and hannity from the first day. plus we heard from florida. now we are hearing from everyday americans in reaction to florida. what do they think about the race for the republican nomination. is it locked up or do they want to sight go on and on. >> i think newt is more like brutus. all that's going to do is hurt mitt romney. newt gingrich is the anti-candidate. he's anti-loud audience. anti-silent audience. he won't be the nominee.

megyn: the four candidates straight ahead out across different states since the votes were tallied in florida. the candidates reacted to the results with an eye on the ultimate prize. >> there were fewer candidates than when the race began. but the three gentlemen are legitimate competitors.

primary contests are not easy, and they are not suppose to be. as this primary unfold our opponents in the other party have been watching and they would like to comfort themselves with the thought that a competitive campaign will leave us divide and weak. a tough primary does not divide us, it prepares us. >> we did this in part for the elite media. the same people who said i was dead after iowa are back saying what's he going to do. soy want to reassure them tonight. we are going to contest every place and we are going to win and we'll be in tampa as the nominee in august. [applause] megyn: our special focus group, a group of republican voters trying to make up their minds in this presidential contest. you have both of the

frontrunners saying it's going to go on. mitt romney saying that's not going to divide us it will make us strong. newt gingrich saying glad you feel that way i'll be with you until august. >> i thought it was fantastic. i thought newt gingrich distinguished himself. he remind me of how julius ceasar took a strategic retreat and lured pompey only to defeat him. newt gingrich will go through those 46 states like a knife. >> he made him a much better candidate. he made him tough. it shows if he's the nominee he will have to go against that chicago machine. megyn: most our panelists believe romney was getting better as a result of this joan going process. but do you think it should go on even more? there are some who are getting

uncomfortable with that. >> i think gingrich self-destructed. his enemy is himself. he got back to that mean, whiney, thin skinned. he got off his message in florida an got trampled. in the speech where he was talking about the positive message about what he was going to do, it was a great speech but it was too late. if he had stayed on message in florida -- the problem is he puts himself in a box in a lot of ways. in the debates, i can beat obama. then when he's attack the elite media. if he wins the nomination he's going to have to deal with a billion dollar bomb. megyn: he talked about the campaign and he didn't go after the media that much. he then accused in recent days of being too whiney, of being a

whiner and that's been a turnoff to some voters. >> last night i give a lot of credit to governor romney and his campaign staff for their strategic moves they made between south carolina and florida. mitt romney excelled in the debates. the grounds organization in florida did a terrific job and they gave newt gingrich one hell of a beating. so the comments last night by governor romney i thought were high spirited, presidential and he's off to a great start. as far as continuing it, i think there comes a time -- i know newt is going to stay in there and santorum, but i hope when emotions calm down and people come together and follow mitt romney's guide about unity and moving forward. megyn: they all want unity but they want it for themselves. why should santorum and paul get

out? there are only 6% of the delegates award. >> i think the votes so far have reflected who did the best in the debates. south was interesting. gingrich did well in south carolina in the debates, he won. romney did well in florida, he won. i think we are seeing the debates reflected in the primary vote. megyn: is that real? the gop nominee will have to debate obama three times at most. is this a realistic benchmark for who is going to take on obama? >> i don't think it's about the debates. i think it's about message. what what motivated newt fors is the message, i'm the guy that went across the aisle and balanced the budget. mitt romney no matter how many times he wants to change his point of view, he can't give that message.

when newt said i'm going to 4 more states. he needs to stay on his message, i'm a fiscal conservative, i balanced the budget and i did not put romney care in place in massachusetts. megyn: you heard newt say i will be there. then rick santorum came out with a bit of a different message. >> the american public does not want to see two or three candidates get into a mud wrestling match where everybody walks away dirty and not in the position to be able to represent our party proudly. we'll have differences on the issues. but we need to talk about the differences on the issues. but what we saw the last few weeks in the state of florida is not something that will help us win this election. megyn: did it get too ugly? >> no. begin privilege talks about me, me, me, me, me. and romney spoke on the large picture. gingrich, it's over, it's done.

he says he's coming back web's not going anywhere. this message caught one time and you saw -- megyn: december he had a surge and before south carolina. >> the real one was south carolina. he gets into the debate. he's the front runner, then he collapses. once he's in charge it seems he can't handle that position. >> he's not going to give up, that's for sure. >> i think newt is starting to show weakness. he's starting to get tired after two debates. obama will go steady and hard and i don't think youth can challenge that. megyn: newt didn't have a moment before the florida -- he had a couple of moments and we debated those here as a panel before the south carolina primary. if -- you don't like newt, but you saw how the crowd reacted to him. if he was the nominee an had one

of thoats those moments, could even you get behind him? >> that not going to happen. i think newt is more like brutus. he says he will go all the way to the end and all that will do is hurt mitt romney. newt gingrich is the anti-candidate. he's anti-loud audience, anti-silent audience. he's a grumpy old man, sad sack sore loser. megyn: what about rick santorum. he tried to keep it above board. he has been louded as the most conservative in this race. but why aren't we discussing him? >> it's going to go on. but at some point people have to start listening including newt and rick. rick is running a great campaign. but the money factor, the electability factor. these things are realities will set in and people have to start making decisions and i maintain that's mitt romney will continue doing what he did in florida.

what he did in florida is huge. megyn: it required a lot of money. it required $17 million. >> he's going to do it again. >> it can't be a core nation of one candidate. what we have seen is newt made romney a better candidate. to put pressure on these guys that they should be out of the race. rick santorum is talking about mud wrestling but they are both spending millions of dollars with negative attack ads. megyn: how many people here are considering voting for ron paul. mary. so this is interesting. of the rest of you, how many like having ron paul in this contest and these debates. >> absolutely. megyn: you don't want him out. what do you like about him? he's honest, he's consistent. he has a great economic policy. that's what romney needs to do to reach out to the tea party.

>> if he had a good running mate he would be a good candidate. megyn: is a good running mate going to change ron paul's views on foreign policy and he will do a 180 on iran? >> no. i want a candidate to leave me alone. i want the candidate -- i want democrats out of my wallet and republicans out of my bedroom. that's ron paul. i want these people to leave me alone. he's honest. he's honest, he's consistent. megyn: all right, panel, until the next time. thank you, all. what are your thoughts. kelly@foxnews.com. coming up, must-see segment with john stossel. what makes us happy?

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i work heard and maybe it got me my tv show. but i envy happy people. they ask people, rate yourself according to faces how happy you are. megyn: zero% say they are really unhappy. i'm amazed. most americans put themselves -- megyn: i would say maybe 27%? i feel happy. i can relate to feeling unhappy to where you put a lot of pressure on yourself. i think i put a lot of pressure on myself. megyn: i don't feel unhappy so much as hard on myself. beating myself up. i wish i were a better mother, and i wish i were better at my

job. and i wish i hadn't done this. >> reporter: it probably makes you better at your job. people think it's money or more leisure and the data shows religious people are the happiest people. is to who give to others are the happiest. those with a bunch of close friend and a family and they feel like they are working towards some goal. raising kids can be part of that. megyn: if you look at people who are successful professionally the odds are they don't have a ton of time to build their social relationships so there could sab direct correlation. you are success seeding sat work but where are your friends? where is your time for your outings with your buddies. >> reporter: i asked tv hosts about this and so many of them put themselves in this category. the money works if you are poor. if you get more money you are happier.

but after $60,000 or so. lottery winners a year later are no happier and they were. megyn: if it's a scale of 1-tenant 10 is that super smiley face. do you think you have a set point no mat wear happens in your life? >> reporter: yes. but also these experts say you can improve it. silly things like this. it puts you in -- it cully has a carryover effect. if you dwell on the good stuff. think of good things, you can become happier. megyn: i read online if you use your ipod it will make you happier. they i also read that if we exercise and get enough sleep and do small acts of kindness frequently, little daily thing that you will be a happier

person. >> reporter: i don't know about the first two, but small acts of kindness. giving money to people or money to charity and working one-on-one with people changes the brain chemistry. megyn: oprah had her list of making a list of things you are grateful for? >> reporter: no, but we should. that makes you stay with the good thoughts. megyn: for me i'm a working mother so all your social time you devote to your job or children or spouse, then there is very little time left over for a lot of this other stuff. maybe i can bounce off into the next smiley face if i worked less. >> reporter: maybe you should. megyn: i feel like i'm talking my way out of my job. never mind, roger. forget this. >> reporter: jefferson put "purchase siewfort happiness" in the declaration. megyn: there is a question

whether that should be the goal. >> reporter: what do you want for your kids? i think it's a good goal. [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption. :

megyn: life moves pretty fast. if you don't stop to look around you could miss a story like this one. it's the return of ferris bueller just in time for the super bowl. but don't expect him to bring the car home. >> reporter: this is called matthew's day off. it's a honda commercial. it runs 2 minutes 25 seconds.

directed by the guy who did the "hangover" movie. here is a little chunk of it. >> i'm not sure what it is. i guess i'll be okay. >> i'm calling the studio matthew. you are not shooting today. >> how can i handle work on a day like today? one of the worst perform and of my career and i never dude it for a second. can i get my crv butt up, please? i have a lot to do today. broderick? broderick? >> reporter: matthew broderick 25 years later. if you look at the commercial there are nods to the past. things you will recognize from "ferris bueller." been stein says "buehler,

buehler." megyn: up next, sean hannity and bill o'reilly like you have never seen them before. i'd race down that hill without a helmet.

i took some steep risks in my teens. i'd never ride without one now. and since my doctor prescribed lipitor, i won't go without it for my high cholesterol and my risk of heart attack. why kid myself? diet and exercise weren't lowering my cholesterol enough. now i'm eating healthier, exercising more, taking lipitor. numbers don't lie. my cholesterol's stayed down. lipitor is fda approved to reduce the risk of heart attack and stroke in patients who have heart disease or risk factors for heart disease. it's backed by over 19 yes of research. [ femalannouncer ] lipitor is not for everyone, including people with liver problems and women who are nursing, pregnant or may become pregnant. you need simple blood tests to check for liver problems. tell your doctor if you are taking other medications, or if you have any muscle pain or weakness. this may be a sign of a rare but serio side effect. [ man ] still lo that wind in my face talk to your doctor. don't kid yourself about the risk of heart attack and stroke. if lipitor's been working for you, stay with it. lipitor may be available for as little as $4 a month with the lipitor co-pay card. terms and conditions apply. learn more at lipitorforyou.com.

>>megyn: celebrating 10 years of the most popular name in news. we launched october 7, 1996, and it took us five years to dominate cable news. and here is a look back at how it all started. >> shaft night president clinton and senator bob dole squared off in the first presidential debate and bob dole proved he has a better vision for the future of america. he will give you back more of your money. >> he looks like a baby. a baby. hannity, 1996. the channel has not looked back. thanks to that program and this one! >> stand by for news with a different look coming up the great debate. who won. who lost. who cares. the nation's drug czar will join us. can he succeed where others have failed? and we have the controversy that dr. elders