jon: okay, you busted me at the outset of the show -- jenna: hasn't been a good show. jon: so i'm sorry. happy valentine's day. jenna: thanks for joining us on this special day, of course. jon: "america live" starts right now. megyn: fox news alert on a critical meeting between president obama and the man on course to be the next leader of china. welcome to "america live," everyone, i'm megyn kelly. today's meeting between mr. obama and china's vice president described as an early test of the changing relationship between the u.s. and asia's economic superpower. it comes as china's economy is expanding exponentially faster than america's. more than 8% growth, china has seen over the past 12 years. hook at this chart. -- look at this chart. compare these numbers, the anemic growth we've seen in the united states over the same period. for over two years, we were even in negative territory here.

washington is also now in debt to beijing for over $1 trillion, a number some believe is handicapping america when it comes to addressing our trade deficit with china. it exports far more to america than we sell to china. wendell goler following this story live from the white house today. wendell? >> reporter: this is really a get acquainted session between president obama and the vice president, on course to become china's president a little more than a year from now. it does come from a time of rising tensions. china's increased military spending. china and russia, of course, just vetoed a u.n. security council resolution on syria that really enabled as saturday to continue his -- assad to continue his crackdown. and, of course, china remains one of rapp's biggest -- iran's biggest customers. president obama stuck to positive themes, he said u.s./chinese cooperation kept

the recession from being worse than it has been. he didn't mention his state of the union warning of a new crackdown on chinese trade practices, but vice president biden indicated things are not all smiles between washington and beijing. >> as we discussed, we are not always going to see eye to eye, we're not always going to see things exactly the same. but we have important, very important economic and political concerns that warrant we work together. >> reporter: meanwhile, on capitol hill lawmakers were grilling the chairman of the joint chiefs of staff ant chinese hacking into u.s. computer systems and stealing american technology. >> would you consider that a hostile act by the chinese? >> i would consider it to be a crime. i think there are other measures that could be taken in cyber that would rise to the level of a hostile act. >> what would they be? >> attacking our critical infrastructure. >> reporter: senator lindsey graham noted he was head today

the state department for lunch with secretary clinton and lawmakers including himself. he asked general defer si if he -- dempsey if he wanted to tell the vice president, he said, yeah, happy valentine's day. megyn: as wendell just mentioned, there are several events honoring this chinese leader this afternoon, and those may raise some questions. remember, china just blocked our recent effort to calm the situation in syria. our state department, hillary clinton came out and condemned that in strong terms. the chinese government has been a prime suspect, as you heard wendell mention, in some very high profile computer hacking incidents in the united states of some of our top companies. and then there are the issues of playing fair on trade deals, manipulating their currency so that we cannot compete, we lose jobs here. what happens going forward? what is the future of our relationship given our debt with them? michael reagan will weigh in on that in just about ten minutes right here.

fox news alert now, the showdown over americans being held in egypt just got even more complicated. we're getting reports that a top lawmaker in egypt, a member of the muslim brotherhood political group, is now saying any cuts to u.s. aid which is under consideration according to our government would violate egypt's peace agreement with israel. that's raising the stakes. more than a dozen u.s. citizens, including the son of transportation secretary ray lahood, have been prevented from leaving egypt for almost a month. they are accused by the government there of starting political trouble as part of their work with pro-democracy groups. some in congress are saying if these americans do not go free, egypt should lose the more than half -- the more than billion dollars in annual aid from the united states. but so far that money is still in place. our chief intelligence correspondent catherine herridge picks up the story from there. >> reporter: thank you, megyn, and good afternoon. as the budget was rolled out in this week, we heard testimony from a state department official acknowledging the real tension

exists because of the arab spring, and some now openly hostile to u.s. interests, the state department is requesting more money. >> the notion is they're in a new world. the arab spring has come, we need to make sure we have the tools and the flexibility in which to fund these initiatives. >> reporter: and there's something buried in the budget called the, quote, middle east and north african incentive fund. this is a reference to regimes such as due niece saw -- tunisia, libya and egypt. this is a new allocation, quote, to quickly respond to dramatic changes in the region and incentivize reforms according to a state department budget fact sheet. and a short time ago on the senate floor, rand paul who's trying to shut off aid to egypt, he is asking will the united states ever learn that it cannot buy friendship or loyalty through foreign aid, and this morning a senior defense official telling senators he spent a day and a half urging egyptian leaders to let those

americans leave. >> i am convinced potentially they were underestimating the impact of this on our relationship. when i left there, there was no doubt that they understood the seriousness of it. >> reporter: for the administration's part, they say this money, about $58 billion for the state department and for u.s. aid, some of it targeting regimes that are hostile to the united states represents just 1% of the overall budget. megyn: catherine herridge, thank you. brand new reports iran will unveil new nuclear projects tomorrow. an iranian news agency claims president ahmadinejad will likely announce the opening of a new uranium enrichment site. the u.s. and its allies believe tehran is working on nuclear weapons. now, all of this comes as israel accuses iran of being behind a wave of attacks against its diplomats. the latest in thailand just today. how does israel plan to respond, and what does this mean for the united states? later this hour we will speak

with a former israeli ambassador to the united nations. in los angeles the investigation into whitney houston's death is now raising new questions about some doctors, some pharmacies and the prescription drugs found in the singer's room. several bottles of painkillers and other medications including xanax and value valium, were reportedly found in houston's room the day she died. now here hearing some of those prescriptions were allegedly filled out by the same controversial pharmacy that supplied michael jackson. trace gallagher live with more. >> reporter: we just got off the phone with the pharmacy in beverly hills, and they are not commenting about this case at all. as for whitney houston, there is no sign of foul play, so it appears the investigation comes down to what type of drugs whitney houston took, how much she took and in what combination she took them. the l.a. county coroner's office has confirmed that prescription medication and over the counter

medication were found inside the hotel room, but they will not confirm these numerous reports that among those were three anti-anxiety drugs which medical experts say can prove to be a very lethal cocktail. the coroner will also not talk about any reports that this pharmacy, mickey fine's in beverly hills, is being investigated. remember, the dea raided mickey fine's back in 2009 after michael jackson's death, but we should point out there were no criminal charges ever filed against that pharmacy. you look at this list in recent years of the celebrities that have died from an overdose of prescription medication. michael jackson, clearly, the biggest one. heath ledger, you see there brittany murphy and anna nicole smith. you go back years and years to marilyn monroe and elvis presley also had lethal amounts of prescription drugs in their system. the centers for disease control, megyn, now says that accidental

overdose from prescription drugs is now the number one killer, accidental death killer in this country surpassing car accidents. megyn: wow. trace, thank you. well, two years ago critics slammed president obama for bowing to the chinese president. and today the white house is rolling out the red carpet for china's next leader, its current vice president, but he's believed to be headed for the presidency there. up next, michael reagan tells us why he thinks this red carpet deal today is a very bad idea. and they are called pox parties, little get togethers thrown by parents who would rather intentionally infect their children with chickenpox than give them a vaccine. we'll tell you why this is raising some serious new medical concerns. would you do this? plus, an update on the father who taught his 15-year-old daughter a life lesson by shooting up her laptop with his .45. wait until you hear what happened when the police made a visit to his home.

>> that right there is your laptop. you see it's out here on the ground. this right here is my .45. yeah, and you have to pay me back for these, two, because these are about a dollar apiece. [gunfire] [ male announcer ] this is lois.

the day starts with arthritis pain... a load of new listings... and two pills. after a morning of walk-ups, it's back to more pain, back to more pills. the evening showings bring more pain and more pills. sealing the deal... when, hang on... her doctor recommended aleve. it can relieve pain all day with fewer pills than tylenol. this is lois... who chose two aleve and fewer pills for a day free of pain. [ female announcer ] try aleve d for strong all day sinus and headache relief.

megyn: well, a new effort to reset the tone with china, president obama earlier today called for cooperation and understanding between the two nations during a meeting with china's vice president. our president also addressing our trade deficit with china. it exports far more to america than we sell to them, and that's been an ongoing source of contention. last year the u.s. trade deficit with china hit nearly $300 billion. in other words, we buy $300 billion more worth of goods from them than they do from us. that's up 8.2% from the previous

year's all-time high when china overtook japan as the world's second largest economy. my next guest says the white house has no business rolling out the red carpet for china. michael reagan is chairman of the reagan group and a hit call consultant -- political consultant. thank you for being here. why shouldn't we, and what choice do we have given the amount of debt of ours they own? >> well, in many cases that's right. what choice do we have? we've put ourselves in this position to roll out a red carpet for a country that's undervalued their dollar, if you will, which takes care of our dollar, devalues our currency. hacking into our computer systems, voting against us at the u.n. security council. nobody seems to pay a price with this administration of doing anything against the united states of america. and they've got to be just happier than hell, the fact that we are at this point cutting our defense spending by $500 billion while they are going out and building up their defenses and helping other countries like north korea, syria, iran and

others build their defense capabilities and offensive capabilities. megyn: the, basically, one of the problems we're facing with china is you talk about devaluing their currency. it's costing american jobs. it's literally costing american jobs, their failure to get real about their currency because, you know, they're making things and companies are buying things from them and not here because costs are artificially low over there. president obama has tried to address at least the trade deficit problems with china, you know, you heard capitol hill testimony earlier about how we're not happy that they're hacking us. but given all these things we're unhappy with them over, michael, you know, they vetoed the u.n. resolution on syria, all the trade issues that we're talking about, all the debt they hold, can we do anything about it? it just seems like they have such a foothold, a stranglehold over us given the debt. >> well, they have a stranglehold because, you know, all they do is take what we give them.

if our economy's in the tank and we're running trillion dollar deficits every year, who's buying the deficit? the chinese are guy buying the deficit. -- buying the deficit. the best way to stop them from doing these things is to get our economy back rolling again and start creating jobs in the united states of america, make it easier for corporations to do business here instead of over there. i write about this in my book, megyn, "the new regular began revolution." the only thing people learned from the soviet union was the soviet bloc, the russians and the chinese. ronald reagan knew the soviets would come to the table because he was devaluing their ruble at the same time as talking tough about the evil empire. he made a deal with the saudis, in fact, to take the oil and absolutely undermine their economy. i remember mikhail gorbachev coming to me one time, and i said, well, how bad was it in the soviet union? and he said, oh, bad. it was so bad i had to appoint a

czar of pantyhose because the women of russia couldn't even find pantyhose on the shelves, and you've never seen a mad russian woman until they can't find pantyhose. [laughter] the chinese by devaluing their money, taking our currency and having it where it is today, they are doing to america what ronald reagan did to the soviet bloc to bring them to their knees, and this administration better wake up to it. megyn: it's interesting you should say to bring them to his knees, because president obama wasn't quite on his knees, but he certainly got a lot of flak after the chinese president visited america back in 2010, and he bowed. and this is a big deal when, in particular when you're dealing with asian leaders, who bows to whom, how deep is the bow. usually the more powerful person is not doing the bowing, they say, and certainly on american territory he got criticized for the american president bowing to the chinese president, and this is when you can see the chinese president is standing upright. the reason people thought this

was relevant is because they thought it spoke to a larger problem between our country and china's, michael. >> well, there is a large problem between our country and, in fact, china. and you're absolutely right about the bowing. i mean, i have a lot of friends in the chinese community here in los angeles, and the fact is they return bow. respect is i return the bow. if i don't return the bow, that shows another sign. and this, you know, when he was there with the president of the united states, the president was with him, there was no return of bow at that point. that was the president of the united states, i mean, bowing pretty low. the lower you go, the more respect you have for that position. and the more you show that they are in the powerful position to you. president of the united states needs to understand he is the president of the united states of america, the most important and most powerful man in the united states, in the world. and i don't think this president has quite figured that one out yet. and he better figure it out pretty soon because we are going the way of greece, and we're getting there at light speed. megyn: given the fact that they're hacking us, they're

hacking major american corporations, i mean, nortel had a bunch of problems allegedly, hearings on capitol hill over this, you know, the veto of the u.n. resolution condemning syria's massacre of its own people just happened last weekend. should we be doing all this with the chinese vice president coming over here, meeting with president obama, meeting with vice president joe biden, meeting with hillary clinton, meeting with gop and other congressional leaders on wednesday, i mean, it's an all access tour. >> it's an all access tour. it's interesting how netanyahu was treated just a few years ago. the president of the united states, basically, turned his back on netanyahu. why is it we treat israel with disdain so often and others, those who may not be so friendly to us, in fact, we roll out the red carpet for, and the world understands and knows that. i think we have a very weak president back in washington, d.c., and this president if he doesn't strengthen himself, if he doesn't take over the presidency and own it, then, in

fact, the chinese will own the white house. megyn: israel doesn't own a trillion dollars of our debt, and that's been a problem for a couple of presidents now. michael, thank you. >> thank you. megyn: well, we have new developments today on an investigation into a controversial group that reportedly conspired with the white house to plant certain stories at some of the country's biggest media outlets. i mean, you wouldn't -- this is the white house coordinating with this group that now we learn has, you know, discussed taking out private, hiring private investigators to look into fox news personalities and executives, and the white house is coordinating with this group? we'll have that at the top of the hour. plus, israel has gone on high alert after a series of attacks on israeli diplomatic targets around the globe. we will show you who's now being blamed for the latest violence and how israel plans to respond. and president obama's re-election team rolling out new truth teams to fight smears against his record. is that just good politics, or

are we becoming a nation of snitches? we'll debate just ahead. >> attack watch.com is where you can report attacks on president obama. if you heard an ad on radio or television, if you heard a friend spreading rumors, let us know. attack watch. is it fast? it's got 10 speeds, my friend. ♪ is it fast? it's got a lightning bolt on it, doesn't it?

♪ is it fast? i don't even know ift's street legal. ♪ is it safe? oh ya, it's a volkswagen. [ male announcer ] the security of a jetta, one of nine volkswagen models named a 2012 iihs top safety pick. ♪ got you in a stranglehold, baby ♪

megyn: we have an update for you now on that fed-up father who gained national attention by posting a youtube rant about his 15-year-old daughter. after tommy jordan's daughter complained about having to do all these family chores on facebook, he took her laptop the to the backyard and shot it up with his pistol several times. the story went national, and

then child protective services came to his home and be interviewed the man and his daughter separately. come on. he also says the police stopped by as well, but he says that the police wound up thanking him for posting the video. watch this. [gunfire] >> one, two, three, four, five, six. oh, yeah, and after that comment you made about your mom, your mom told me to be sure i put one in there for her, so that one's for her. and if i've got one left -- i've got two left. now i'm out. megyn: so police say there are no law against what jordan did, shooting up his daughter's laptop. the daughter now has at least one job offer from a local ice cream shop. that's all he wanted her to do, get a job. she said, just pay me for my chores, that's enough. with so many parents concerned about vaccine safety these days, so-called pox parties are growing in popularity. these get togethers are designed

to intentionally infect children with chickenpox so they can build up a natural immunity to the disease instead of getting vaccinated. but my next guest has a serious warning for any parent considering this. dr. marc siegel is a professor of medicine at nyu's medical center. dr. see get, you say this is absurd and very dangerous. why? >> horrendous. because parents should be much more afraid of the disease than of the vaccine. this particular vaccine, the chickenpox vaccine, has been around for almost 30 years since it was first used in japan. us uses a live virus, but the side effects at worst are an occasional rash. not only that, it protects you pretty well against shingles later on. you can get a mild case of chickenpox, but 95% of the time when you get it, a very, very mild case. this is a great vaccine. now, the problem, megyn, is for a vaccine to work, you've got to have a 95% compliance rate. now, in the town of ashland,

oregon -- megyn: what do you mean? if it's a 50% compliance rate and i send my kid to the school and he's got the vaccine but 50% of the kids don't have it, do i have to worry? >> he's less protected than if we had what's called a ring of immunity or a herd immunity where the entire class is vaccinated. want to keep that virus out of the class? vaccinate the whole class. the state of oregon says it's illegal without a religious exemption. megyn: parents are coming up with imaginary religious objections so they don't have to give their kids the vaccine. why are these pox parties so dangerous? i was born back in the dark ages, so i got the chickenpox, and now i'm supposedly immune from getting them again. that's what these parents want for their children. why is it so dangerous? >> many reasons. number one, one out of 500 people with chickenpox end up getting hospitalized. it can cause pneumonia. it can cause a brain infection.

i don't want to scare people because the vast majority of the time it doesn't do that, but it can desperate beyond that party. you're there in that party, somehow it gets on a food handler that's serving food, the next thing you know a pregnant woman has it down the block, and she ends up with a birth defect or some other kid that has asthma. you don't know that they have that problem, and then they suddenly get very sick. you can't control it. call it a party, it's not the right name for it. megyn: the other thing they're doing, you'll show up at this party and have your kid chew chewing gum that an infected kid has just chewed or drink from the same cup, and if you can't get your kid to one of of these parties, they're actually mailing infected lollipops through the mail which is a crime. you could infect somebody else potentially. >> i'm a big fan of social media, but social media is causing the problem because these things are getting advertised on facebook, everybody thinks it's a great thing, pictures of lollipops being sent around. in reality, this is very dangerous. now, i'm not that afraid of

chickenpox, but i'm much more afraid of it than i am the vaccine. we now only have 46,000 cases of this a year in the united states, and we need compliance. megyn: thank you, sir. >> thank you, megyn. megyn: well, the president's re-election team is rolling out citizen truth teams to track and report false information being spread about president obama or his accomplishments. is that a fair and smart approach? or are we becoming a nation of snitches? we'll discuss it after the break. and the food police cracking down, a preschooler's lunch taken away, apparently, for not passing inspection. one more time: they took away the lunch for a 5-year-old sent with his parents. and could the u.s. be heading toward a greek-like crisis? a top republican is warning we could be there in the next 48 months. the reason why just ahead.

is .

megyn: well, the sound of gunfire and heavy shelling bombarding the syrian city of homs today. pro-government forces unleashing a new wave of attacks against opposition forests. the u.n. is now -- forces. the u.n. is now raising fears that this violence will spiral into a larger civil war there. protests against president bashar assad's 11-year rule

began nearly one year ago. and italian prosecutors are launching a new appeal to put amanda knox, american, back behind bars in italy. just over four months ago, a judge overturned a murder conviction for knox and her boyfriend who were convicted in the 2007 killing of british student meredith kim cher. knox is now in the united states with no plans to voluntarily return to italy. well, the president's re-election team is now calling for citizen truth teams to help the cause. these would be grassroots activists to help, quote, fight the smears about the president's accomplishments. there are already three web sites meant to arm supporters with talking points. this just came out yesterday, we're told, and arm them with facts on the president's accomplishments as well as to gather dirt on his republican opponents. so is this fair and smart, political war, or are we in danger of becoming a nation of

snitches? simon rosenberg, founder of the new democrat network, and rich lowry is editor of "national review" and a fox news contributor. all right, guys, so the president got in trouble for this, the white house got in trouble for this in the leadup to the health care law, the vote on it because they had a web site back then that asked americans to report of anything fishy being said. remember this? about the health care then bill, and they had to e-mail in to a white house.gov e-mail address. the e-mails and the names of people who said things that were fishy. that was so controversial, it got taken down. now here we are a couple years later, rich. this isn't the white house, it's the campaign, but is it a different effort? >> well, i have to say on a list of things that the white house or the obama campaign is doing that disturbed me, at least it's an exercise of the first amendment rather than assault on it. if you actually look at the web site, attack watch, this is incredibly lame.

what they seem to be doing as far as i can tell is every day or so they post a really grainy, disturbing-looking picture of mitt romney, and if this operates the way they want it to do, you know, things that are said on tv or in op-ed pages will be constantly fact checked. but that's an entirely redundant effort because there's a vast number of web sites, left wing and partisan democratic web sites that exist to do nothing but that. i will change my tune if neighbors start reporting their neighbors to the obama campaign for things they say. [laughter] megyn: you know, simon n reading up on this this were several on the right side of the aisle talking about how it's a joke, how the president's efforts to do this, you know, have somebody snitch on somebody else, misinformation, disinformation, it's not working anymore, this web site's pointless, it's a laughingstock. and yet the obama campaign spokeswoman tells "the washington post" that 100,000 people have signed up for the

site in the first 3 hours, and -- 24 hours. so is it a joke or isn't it? >> look, a lot of people made fun of barack obama for the way that he ran his campaign in 2007-2008 by inviting regular people to be his partner in bringing about a better america, and i don't think they're laughing anymore. and i think what this is about is just the way that campaigns using new tools are evolving into the 21st century. we're moving away from a top-down era where television ads sort of dominate the way campaigns can communicate, and as somebody who worked in the clinton war room in 1992, i'd much rather if i was running for president instead of having 200 kids in headquarters working for me, i'd rather have millions of people working with me side by side in a campaign model that's very different from the way we ran campaigns 20 or 30 years ago. part of this is just the modern way. we're going to run campaigns differently. millions of people want to get involved in being a partner with the president. the campaign is being very smart by giving them the opportunity to do it in this way. megyn: it's not like they can't

go out there and already find web sites that will give them both sides of the argument or be a forum in which people l can rebut what they consider to be smears, so the question is why are they really doing this, rich? i'll tell you, we had one of our staffers log on to try to, you know, see what the deal was with attack watch, and they took her e-mail, and then she tried to, you know, see if she could post something, and she can't post unless she donates. so is that what it's really about? >> right. simon's saying it's basically a campaign tool, and i think that's right. look, it's also right in this day and age, information that comes from someone you know or somehow connected to is much more credible than something you're hearing from the top down. this is something the bush administration, the bush campaign in '04 relied on, neighbors reaching out to neighbors. but there's a whole trapping, especially that attack watch site. it is slightly orwellian, it does have a snitching element, and it is open to parody. and it was roundly and quite effectively and at times hilariously mocked when it was

first unrolled for that very reason. megyn: well, and, men, speaking of that we have a clip of the parody. we showed it to the viewers earlier without explaining what it was, but here is that parody that's already come out about the web site. >> campaign web site to expose the right-wing lies about president obama. get the facts! fight the smears. attack watch! it's where you can report attacks -- megyn: simon, is that just the right having a little fun at the expense of this web site, or do they have, you know, a legitimate point which is, you know, come on, attack watch, you know, it's fight the smears? it's politics. >> yeah, look, i think as i said earlier, i mean, i think the obama campaign explains in an election where tens of millions of people are going to vote for both sides, that if they can mobilize millions or tens of millions of people to work with them every day, directly connected with the campaign with no intermediaries, directly hearing from the campaign about what's going on, you know, it's a big version of having the water cooler effect, you know?

in an office, two people would debate about their two candidates, this is happening in millions of places all across the country. i think this is a sign of sophistication and modernity. i think this is a smart move, and i think the question will be is can the republicans match what the democrats are doing? >> there was a heavy irony though, megyn. the day or right around the time they unleashed their truth team is when their chief of staff, jack lew, was out on the sunday programs serially misrepresenting how many votes it takes to pass a budget through the senate to try the make an excuse for harry reid not passing a budget in a thousand days. so it would be great if it paid a little more attention to telling the truth themselves and actually governing. megyn: saying it takes 60 votes, but in fact, it takes a majority vote. that's what he's referring to. whether they post or don't post, the campaign now has the e-mails of the people who go on the web site, and that is definitely a political tool for them. simon, rich, thank you both so

much. >> thanks, megyn. megyn: well, israel has gone on high alert now after accusing iran of orchestrating a new bomb attack just today. there have been a series of these attacks over the past couple of days. we will go live to tell asue to see how israel plans to respond to being targeted as it claims next. and a north carolina school decides a preschooler's lunch sent by mom and dad doesn't quite meet up with its standards. really? we only wish we were making this up. ♪

megyn: well, israel is on high alert today after a wave of attacks on its diplomats overseas. the country now accusing iran and vowing to settle the score. in just the past 48 hours, an

israeli diplomatic car was bomb inside new delhi. a motorcycle assailant stuck a bomb on that car wounding four, one critically. authorities say the georgia attack mirrored the recent killings of iranian nuclear scientists blamed on israel. we're told in bangkok an iranian man blew off his own legs and wounded several people in two blasts. a third explosion occurred in a nearby house. the former israeli ambassador to the u.n. and president of the jerusalem center for public affairs, ambassador, thank you very much for being here. all right, so what we're seeing here in the united states is an escalation. israel reportedly saying that it stands prepared to hit iran's nuclear facilities within the next few months, our own defense secretary speaking to that with one reporter according to "the washington post," then we see assassinations of iranian

nuclear scientists, and now we see iran appearing to strike back. where is this going? >> well, i think what you've got to do is take a couple of steps back and look at this at 100,000 feet. what i mean is, remember, the united states itself was targeted by iran just a few months ago when the iranians planned to do a mass casualty attack in the united states capital, in washington, d.c., attempting to kill the saw -- saudi ambassador to the united states. it is a trademark of iranian terrorism to assault and to attack diplomatic personnel and embassies abroad. they attacked the u.s. embassy in beirut in the '80s, and flow we're seeing attacks against israeli embassies. but the real story here is that iran is feeling cornered. the united states and europe are ratcheting up sanctions. the iranians tried to escalate

in the strait of hormuz, it didn't work. now they're going after embassies. megyn: and yet even those who don't like this regime, ambassador, might see why it's feeling cornered in the wake of, you know, what it says were assassinations of its nuclear scientists, and it believes that israel and possibly the united states have been behind those. >> well, you know, let's not make us into the problem because, you know, essentially here what you have is iran violating a half dozen u.n. security council resolutions by continuing to produce enriched uranium, by going from 3% to 20% enrichment, by preparing according to the international atomic energy agency warheads which will carry nuclear weapons. so, you know, we have it in black and white. we have this authenticated by u.n. agencies that this is where iran is going. and i think the west has a right to tell iran, enough, stop the

nuclear development, come to the negotiating table, but do not threaten the middle east with war. megyn: the iranian foreign ministry spokesman has already come out in the wake of these attacks that we talked about in the introduction, in india, in georgia, in thailand, and tried to blame israel for these even though it's israeli diplomats that were targeted, tried to blame israel for being behind this attack suggesting that you did it, israelis did it in an effort to tarnish iran's friendly ties with these host countries. your response to that, sir? >> maybe he should get a job working in hollywood as a script writer because it's totally ludicrous. one thing about the attack in this bangkok that was planned in thailand is that the man who blew off his legs was caught with an iranian passport. the thai authorities know these were six iranians who came into their territory to attack an us

us -- israeli embassy. their purpose is to deter the entire western alliance from putting pressure on them. they have to come into line with u.n. security council resolutions w the reports of the international atomic energy agency and get serious about halting their march to nuclear weapons. what they're trying to do is deflect us into other issues by using terrorism. they've done it before in the 1980s against u.s. embassies, they're now doing it against israeli embassies. but let's remember what has to be done and what the big story is. megyn: is in the future now? is in the future, sir, if iran continues, you know, unchecked because it doesn't seem that moved by the sanks so far -- sanctions so far, domestic terrorism perhaps within israel or the united states because it doesn't like the noose that's been placed around its neck, and it doesn't seem to care what the international community thinks? >> well, you know, you have to also look at this in another way. the attempted attack in washington at the saudi ambassador, a mass casualty attack which i believe was supposed to be against the four

seasons hotel restaurant, was planned in mexico with mexican drug cartels. so they're getting pretty close to you, and they're close to us. now, they're brazen with these attempted attacks now even while they don't have nuclear weapons. imagine should iran complete its nuclear weapons program, break through with weapons-grade enrichment in the next couple of months and then producing warheads a little bit after that? megyn: yeah. >> then we're in a whole different world. then the iranian terrorist threat is going to be far greater to all of us. megyn: it is a chilling thought. ambassador, thank you so much for being with us. we appreciate it, sir. >> my pleasure. megyn: well, we have a follow up now to a scary attack caught on live television. wait until you hear what happened to the tv anchor who got a little l too close to one furry guest. and rick santorum shaking up the republican race for the white house in a very big way. we have breaking news on the gop

field at the top of the hour, and while you hear it a lot, this really could be a game changer. [cheers and applause]

megyn: you're not going to believe this. outrage for one mother after school officials tell her daughter that her home-packed lunch is not healthy enough to eat. the little girl's mother says she was shocked when her 4-year-old came home with an uneaten lunch and a bill for another lunch that the preschool had provided for her. trace gallagher live in l.a. and what the mother sent the daughter the school with, they're not going to believe. >> reporter: no, and the mother doesn't want to be identified because she fears retaliation, megyn, but this was confirmed, it was a elementary school, a preschool in north carolina about halfway between

charlotte and raleigh. and the 4-year-old brings to school right here, a turkey sandwich, a banana, potato chips and apple juice. megyn: the horror! >> reporter: lunch inspector, and, yes, the inspector says it doesn't meet the usda guidelines which means one serving of meat, one grain, two servings of fruit or vegetables. so they give the 4-year-old a replacement lunch, right? well, the 4-year-old doesn't like the replacement lunch, so all she eats are three chicken mcnuggets, and schoen she goes -- then she goes home with a lunch in her lunch bag that says, look, if you don't bring healthy stuff for your kid, we're going to replace the lunch and charge you $1.25. the mother was irate, and the mother said this, and i'm quoting: what got me so mad is, number one, don't tell my kid i'm not packing her lunchbox properly. i pack her lunchbox according to

what she eats. you're telling a 4-year-old, oh, your lunch isn't right? she's thinking there's something wrong with her food food. the mom called her state representative, and they called the school. the turkey sandwich qualifies as one serving of meat, the bread is one serving of grain, she even had dairy -- the cheese -- um, the banana and the apple juice is the two servings of fruit because you don't really need a vegetable, so the lunch quail qualified, the school apologized -- megyn: meg but that's not the point, that it quaffed. get out of my kid's lunch bag. i'll decide -- you have, have you ever tried to feed a 4-year-old? hard enough to feed a 2-year-old for me. >> reporter: right, they subsist on mack roan think and cheese and grilled cheese sandwiches. in my house this is the epitome of health. megyn: that's what i'm having for lunch after the show. thank you, trace.

kelly@foxnews.com or follow me on twitter at megyn kelly. coming up, breaking news on the gop field and how. you may not believe what has happened now with rick santorum, mitt romney and one of the most dramatic primary races ever. we've got new polls from scottl rasmussen. stay with us. ply repeat history. we had to create it. introducing the 2013 lexus gs, with leading-edge safety technology, like available blind spot monitor... [ tires screech ] ...night view... and heads-up display. [ engine revving ] the all-new 2013 lexus gs. there's no going back. 2:30 in the afternoon, a lot to do, and you've hit the wall. but you got to get stuff done. so take 5-hour energy. just open it up, knock it back, and roll up your sleeves. 5-hour energy is faster and easier than coffee.

man, does it work. you'll get that alert, energized feeling you need to get stuff done. a lot of stuff. wow. look at you go. 5-hour energy. when you gotta get stuff done.

try bayer advanced aspirin. it has microparticles so it enters the bloodstream fast and rushes relief to the site of your tough pain. it's proven to relieve pain twice as fast as before. bayer advanced aspirin.

megyn: new poll numbers showing a massive surge for rick santorum who has taken the lead in the gop field on a national level he is ahead. brand-new hour of "america live." welcome, i'm megyn kelly. take a look at the real clear politics average. right now rick santorum is sitting atop the gop pack with more than 30%. mitt romney is just behind him with more than 28%. way back at the beginning of january santorum was only polling at 4%.

and wait. there is more. scott rasmussen is president of rasmussen reports. and chris stirewalt. wow, rick santorum has some great news in iowa. this is something else entirely. to be leading the gop leaderboard on a national level. the real clear politics average. you put it in perspective for us. >> rick santorum's surge has been tremendous. we are showing him ahead in michigan. he is perceived very well by republican voters in michigan. romney's home state. 35% have a favorable opinion of rick santorum. only 22% say the same about governor romney. so it's a present surge. megyn: scott, it looks like -- february 1 santorum was 17%. now he doubled that.

this is as of yesterday, 35%. romney is down a little but not a lot. it looks like he's taking from gingrich. is that true? >> what we have seen consistently throughout this year is mitt romney's numbers have been steady. other candidates have come and gone. nobody has been able to stay in that lead. we'll see if santorum can stand up to that challenge. megyn: there is something going on with the romney campaign at this moment with respect to rick santorum trying to make some dings in his armor. but let's talk about gingrich and the effect on gingrich. you say that the one who should be most importantr worried about this. >> rick santorum's goal is to beat mitt romney. but first he has to dispatch

newt gingrich. on the 28th in michigan and arizona, the first primaries in a month, santorum needs to dispatch newt gingrich and double him up the way he's doing in these new numbers from scott. the most significant thing i see in this is the fact that if it's just romney head-to-head with gingrich, romney wins. but santorum versus romney, santorum wins. megyn: this is according to scott. these are your polls. you matched them up. let's pro tend it's a two-man race. they went 51% romney, 32% gingrich. but when you say it's just and forum and romney, a different result, scott. >> we have asked this question in state polls and national polls. we asked it about herman cain

and michele bachmann. never before this poll did any republican candidate beat mitt romney in a head-to-head matchup. megyn: they still say they believe romney is the most likely to beat obama. what does that tell you? >> that tells us that's the reason the romney campaign is still afloat. rick santorum is making progress on that. those two candidates if it is a two-person race have mirror image challenges. mitt romney needs to say there is more than money and organization. voters want to hear about why they should vote for him. rick santorum, they heart him right now but they want to know he can win. megyn: mitt romney's surrogates are holding a conference call trying to go after rick

santorum's record on spending when he was a senator. he campaigned for his dad when he was just 15 years old in michigan. they know him in michigan. he has huge name recognition. what does it say to you that rick santorum according to scott is leading romney in michigan? >> it says this is rick santorum's moment. there is a geographical test here, too. there will be two primaries held on the 28th. one there and one in bright red super tea party arizona. can santorum do as well in arizona as does in michigan? or will newt gingrich have a moment arizona that gets him back in the race? what it tells us more than anything else, conservatives do heart rick santorum and they are feeling it for him and they are ready to give him his chance. the question is can he endure for this long period of time

until the vote under what will probably be a withering what toraji from the romney campaign and his supporters. megyn: that's what happens when you get numbers like scott unveiled. protesters disrupting a santorum rally in washington state. he was speaking at a history museum in tacoma when demonstrators stood up and started shouting. santorum continued his speech saying america is a great country because we respect the rights others to express their opinions. fox news alert on the growing crisis in syria. forces of the al-assad regime intensify their assault on homs.

these are pro-democracy protesters who have had a major crackdown on them by this government. 5,400 people killed in the past year. moments ago our own vice president challenges the chinese on this issue. we told you the chinese vice president is here. china and russia are the two countries that blocked our recent effort to find a united nations solution to the crisis. but china blocked it. vice president biden chastised china asking the chinese to support the u.s. efforts to bring peace to the region. something they said they should stay out of. brand-new developments into the web site media matters.

their coordinated effort to take down fox news. this is a tax exempt organization. >> reporter: media matters say they are a non-profit center with the goal of correcting misinformation in the conservative media. but they may be looking for a more personal fight. in a memo a contributor wrote, we must take fox news in a presidential style campaign to discredit and embarrass the network. media matters describes frisch -- they outlined a multi pronged report including hiring private investigators to look into the lives of fox news reporters and contributors and finding ways to sue fox and

tractors stake out private and public events fox news employees attend. he recommended personal attacks on fox employees, including putting signs on their yards fan neighborhoods. it includes a number of donors to conservative causes, fox personnel and several republican lawmakers. megyn: top cabinet members in the obama administration set to work with super pacs. that has raised a lot of questions about whether it's appropriate to have cabinet members raise funds for a candidate. is that what they are doing? and has the president's reelection team found a way around this? karl rove joins us after the break. plus supreme court justice steven breyer confront by a man with a machete.

republicans slamming the president's budget proposal saying it will lead to a european debt crisis and lead us to the type of mess we are seeing in greece. are they right? we'll ask our power panel. >> i'm pledging to kit the deficit we inherited by half by the end of my first term in office. this will not be easy. it will require us to make difficult decisions and face challenges we long neglected. [ technician ] are you busy? management jt sent over these new technical manuals. they need you to translate them into portuguese. by tomorrow. [ male announcer ] ducati knows it's better for xerox to manage their global publications. so they can focus on building amazinbikes. with xerox, you're read for real business.

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. ♪ feel the power my young friend. mmm! [ male announcer ] for excellent fruit and veggie nutrition... v8 v-fusion, also refreshing plus tea. could've had a v8.

a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪

megyn: not exactly a great vacation for supreme court justice steven breyer. he was robbed in his vacation home by a machete-wielding intried. authorities say the suspect took $1,000 cash from justice breyer's home on the caribbean

island. no one, thankfully, was hurt. there are new questions about reports that at least four of president obama's cabinet members are now set to work with the so-called super pacs helping to support the president's election campaign. it is illegal for cabinet members to fundraise. but has the president's election team found a way around that? there are limit on what cabinet members can do in terms of fundraising for the president. they cannot solicit campaign contributions. they can, however, appear at fundraisers. so is there any problem with what these cabinet members are doing? >> in any normal white house on you would be cautious about allowing senior staff to do fundraisers. even for normal things.

you would want to know hot sponsors were, you would want to make certain -- you wouldn't want the energy secretary going to a fundraiser hosted by a bunch of people who were lobbying to get grants for green energy companies, for example. so there is a lot involved in the white house counsel's office and senior staff in decide was appropriate and inappropriate. this is different than speak to a fundraising dinner. what we are talking about is a super pac whose donors give 6 and 7 and 8-figure gifts. one super pac got a $2 million gift from a hollywood executive. secretary energy chu, is talking

about going to a fundraiser to help the president's reelection campaigns. in the white house i worked in the general counsel would have said you should not allow that to happen. megyn: they pointed out that you did appear at some fundraisers for president bush and helped operate a political boiler room in the white house. is there a difference? >> there is. the events were going to the el paso county, colorado lincoln day dinner or going to ad ifing event for a senator running for reelection which you had large numbers of people publicly attended and the contributions were limited. in the early days of the bush administration it would have been $1,000. here we are talking about private meetings with people that you are asking to write a check for a million or two or

five or ten million dollars to benefit the president's election. the difference between going to an event in a public ballroom or somebody's home and it's a matter of public knowledge who is contributing and hosting. these contributions to the superpac can include money that's never revealed. it goes to a 501c4 on behalf of the president and we'll never know who those donors are. megyn: the white house says no. they will only appear before the superpacs that disclose their donors. >> their 527 american parties is accepting money from a 501c4 already. they accepted -- they melded these groups together, so -- megyn: let me ask you this. what do it say to you about the president and his thoughts about his own reelection battle.

we see him farming out cabinet members to these events. we saw him reverse himself and whether he would take advantage of soup orpacs. -- super pacs. your fruit got hit hard by the dnc when they criticized superpacs which the president is now using. >> you have seen the ads all meant to buy an election from secret donors. now there has been a 180 on that. the president now likes them. your thoughts on what he's doing. >> it many hypocritical. and you missed the best piece of tape which was president obama calling groups like american crossroads and those of us involved in it a threat to democracy, end quote. the president thought it was a threat to democracy in 2010.

he has changed his mind and is engaged full time with this. they said at the beginning of their campaign they were going to raise a billion dollars. they raised a lot of money. but they are not on a trajectory to raise a billion dollars. the president is willing to do what he did in 2008. in 2008 he said there is no way i will ever aban don't public finance system. i'll accept a limited amount of money in the general election and compete on a level playing field. then when it came to his advantage to discard that and raise a lot of private money he outspent john mccain by $525 million because he blew out of the public financing system when it was to his advantage. this time air was a threat to democracy two years ago but he's going to embrace that threat to democracy today because his political reelection is at risk. megyn: karl rove, thank you, sir.

we have done a new study uncovering big problems with the voting system in america for millions of dead voters still on the rolls to mistakes that aimed to millions of dollars that are wasted. the parking tickets, they get dismissed all the time. but now one judge is in troubler to doing it because the parking tickets apparently belonged to ... we'll tell you right after the break. have i got a surprise for you! [ barks ]

yeah, it's beneful healthy fiesta. gotta love the protein for muscles-- whoo-hoo!

and omega-rich nutrition for that shiny coat. ever think healthy could taste so good? [ woman announcing ] beneful healthy fiesta.

megyn: we have an update on a horrifying story we brought you last week.

a local news anchor severely injured when she was attacked by a rescue dog. she is resting at home after getting 70 stitches on her face and nose. she is expected to make a full recovery. the dog named max was rescued ae animal down. district judge kelly valentine removed from the bench after allegedly dismissing a bunch of traffic tickets. what's wrong with that? trace gallagher, judges dismiss traffic tickets all the time. >> reporter: not when they are your own. she got three citations, one for expired registration on her bmw and two more for park the tickets in front of her house.

instead of just paying the fines she went into the courtroom computers and dismissed the summons herself. just making those pesky things go away. another judge found out about it and turned her in and she is accused of three counts of con fliskt interest, six counts of tampering with public records. three more counts of obstructing the administration of law. those are all second and third degree felonies. each one carries up to 7 years in prison. 9 years. the fines could total $140,000. she is out on bail. if she paid the fines she is looking at a couple hundred bucks. instead she tried to game system and now she is in a little bit of trouble in lancaster, pennsylvania. stop me if you heard this before. the system works. there is no real risk of voter fraud in america.

in three minutes we'll show you the results of some new research that raises some questions about that claim. plus explosive evidence of what. sometimes you read the prompter and it disappeared right before your very eyes. here is one thing that won't disappear. the riots in athens, greece. it's been a mess over there. now some high-ranking republican lawmakers are predicting we in america are going down the same road. complete economic meltdown in two year's time they say. our power panel is on that next.

megyn: the pew center research team decided to run an audit of some of the voting rolls there they found voters actually dead. they also found incorrect and outdated information, including wrong addresses and such. eric? report report federal voting laws were supposed to completely clean up the voter registration system. but a new study shows that hasn't worked. it turns out nearly one in every eight voter registrations is

invalid or inaccurate. that found 12 million registration with wrong address. 3 million people are registered in more than one state and 2 million people listed active voters are dead. seminole county elections supervisor says the system are and the quited and they need to be brought up to date. >> we'll send a fax to another state we need to be sure to balance the security with efficiency. and security should always take precedence. >> reporter: they are offering online registration, maryland

starts that in july. >> that will eliminate a lot of the data entry errors that result from trying to read people's handwriting or because you have temporary folks in there doing this, and you know making the normal human errors and data entries. >> reporter: critics sphere online registration could make voter fraud easier. if you suspect voter fraud or illegalalities where you live, we want to know about it. megyn: the chairman of the house budget committee is slamming the president's budget proposal saying it's leading the united states closer to a european-style debt crisis. referring to the turmoil in greece. let me show you the reality our debt. we are paying close to $4 billion a week in interest.

$4 billion in interest alone. hold on. because by 2016 that number will jump to $9 billion a week just in interest. and we are on track to be paying $16 billion a week just in interest within his decade. that is in stark contrast to what the president said three years ago. here is president obama back in 2009. >> that's why today i'm pledging to cut the deficit we inherited by half by the end of my first term in office. this will not be easy. it will require to us make difficult decisions and face challenges we long neglected. but i refuse to leave our children with a debt they cannot repay. that means taking responsibility right now in this administration for getting our spending under control. megyn: our economic panel today, mate mccall.

and kyle harrington *. you heard the president saying we need to make tough choices in a time of tough challenges. yet his critics say this budget is full of gimmicks an mass quote ducked responsibility in the words of budget committee paul ryan. do they have a point? >> they have a great point. it's one political chip he's playing. you pass a budget. so he just kind of came up with this idea out of his head. and they put it out there. he's using this budget to say, i gave you guys an idea. i gave something out there. but republicans won't pass it. they will reto it. and they will vote on this for a good reason. when you look at a chart, the trend is our debt is going higher. with this budget it's only getting higher.

straight up. our debt hits $25 trillion in 10 years. megyn: he was criticized on "fox and friends," saying what we need is leadership. the country is struggling. and we need leadership, is there leadership in this proposal? >> no, but there is not leadership anywhere you look. as a small business voice i'm saying not only is he not leading but neither is anyone around him leading. you can be a leader and not be in the position to start leading. there is nothing about the math of this that makes sense. and none of the attrition of the businesses. we have more businesses going out in february and those numbers are not being accounted for. as a ceo i go to my cfo saying bring me the numbers. who is putting this stuff together? megyn: the president is saying,

the budget chief said, now is not the time for austerity. we have to spend. now is not the time for austerity. we have allegation for struck door spending. that's how we believe we'll get the economy turned around. >> based on no experience. they don't have proof that they know what they are doing. they don't have a success. bring in the people who spun around huge numbers. that's who should be at table saying this is a problem and this is how we get out off it. we are talk to somebody with no experience. that's like talking to a man about being pregnant. they don't know. >> we are experiencing as much in interest payments as the country of pakistan. and to your point, the president never had and currently doesn't have the experience in order to meet a prove it and loss statement and put together a budget. megyn: is it an experience problem or situational problem. the country was a mess as points out when he took it over.

our numbers are better on paper than when he first took over as president. so really, it's easy to criticize the man and say it's all you, but hassen the trend been going in the right direction? >> we have $1 trillion in debt. that's more than china, the united kingdom and australia combined. to your point when you look at the unemployment numbers there is some gimmickry going on there. megyn: i was surprised to so some of our lawmakers on the republican side coming out saying we are head for a greek-like meltdown in two years. >> that's a little bold. we are on the path to become greece. the big difference between greece and the united states. greece doesn't supply services that the world needs or wants. the united states does. the other big difference is the

united states can continue to prints u.s. dollars. when do we need austerity? ee needed austerity six years ago. what we are going to do most likely is keep printing greenbacks until we get out of this issue. five years from now we realize our currency is worth nothing. then china steps in and take over the world. there are dire consequences but probably a few years down the road. megyn: what is realistic. we have seen so little appetite to tackle this in washington. paul ryan tried to put together a plan that would tackle some of this entitlement spend and this what is happens when you do that. look at ad that was run on him after he tried. [♪]

megyn: you get the picture, throwing granny off a cliff. the president certainly did not do that in this budget. >> 200 years ago the united states accounted for less than 1% of the world's gdp. date stands at 23%. the reason why we got there was low taxes, modest spending. the belief in entrepreneurship. if any of those things is what obama stand for i'll get behind him. >> 2/3 of our spending is through entitlements. this budget that obama put out there is no changes to it at all. we can't keep avoiding that. if you don't tackle the major issue, this will never change. >> the reality is we lost our food hold in business people. we started to slip. once something starts to go, it

goes the fast and furious the other way. and that's what's happening. we have been saying it for a long way. but people have not made the connection of what's going on. and what's happening with not being able to get loans and tackle the issues we bring up. people still don't understand how that goes to the bottom line of what we are talking about and. megyn: thank you also much. appreciate it. coming up, stunning accusations in the murder trial of a college lacrosse player accused of killing his ex-girlfriend. prosecutors have now come up with a possible game change. how they now believe yeardley love may have been murder. it's next in "kelly's court." >> i was in shock. my heart attack happened completely out of the blue. that can happen to you. you really realize what's important. i'm on a bayer aspirin regimen. it's a...ya know, first line of defense...right?

[ male announcer ] aspirin is not appropriate for everyone, so be sure to talk to your doctor before you begin an aspirin regimen. now i feel confident that everything's gonna be fine. [ male announcer ] learn how to protect your heart at i am proheart on facebook.

megyn: new developments in the murder trial of a college lacrosse player accused of killing his ex-girlfriend.

george huguely is on trial for the murder of his girlfriend yeardley love. yesterday a medical examiner testified love's injuries could be consistent with smothering. that's a bit of a change in the case. trace gallagher has more live from l.a. >> reporter: the experts say a lot of the testimony is coming out because the prosecution has done a good job supporting their claim that george huguely had one final violent even counter with yardley lover. the medical examiner also testified that she had injuries to her cheeks, lips and chin that are consistent with being smothered as well. police have also testified that huguely had scratches and bruises on his arms, legs and hands. the defense says those scrapes, scratches and bruises came from a lacrosse game he played before that night. the most powerful evidence is the videotape of george huguely

being questioned the night love died. he admits he had been drinking all day and into the evening, an says he shook yeardley love and he may have grabbed her neck, and then he is seen crying in this videotape that only the jurors saw when the police officers finally told him that yeardley love died. he keeps saying over and over again there is no way. there is no way. prosecutors say huguely broke down her door of her offcampus apartment because he was confronting her over another man she was dating and he beat her. the defense says this was all an accident. megyn: "kelly's court" is back in session and we are putting that case on the docket. joins me now former prosecutor jonna spilbor and defense attorney joey jackson. both of you are former prosecutors and now defense attorneys. the prosecution is going for murder one in this case.

they said all along, blunt force trauma, i believe is what they think killed her. now they throw out this possible evidence of an attempt at smothering. does that undermine their case of premeditation? how does that fit into the case? >> i don't think it will undermine. the prosecution has to prove premeditation and malice to maintain murder one. whether he barbed her head into the wall or whether he barbed her head into the wall and shoved her face into a pillow, i don't think that's going to undermine their case because that still showed a depraved indifference which is what you need for malice and it could show premeditation. he bashed his way into that room and the next stop was her face. to me that shows premeditation. joey, watching this trial it seeps like that was helpful evidence for the prosecution.

attempt at smothering. they are saying yes there was blunt force trauma to a major artery of the head and neck, but then they are saying there were mouth and face injuries that could have been the result of smothering. if they say he got a little rough with her and she died, that's not consistent with an attempt at smothering somebody. >> that correct. in any case will turn on its facts. if they can establish there was a smothering of course it's a game changer. this is not a whodunit case. we know that. as lawyers we have to talk about intent because it's significant. if you premeditate something, if it's you're design to accomplish a certain result, then it is murder in the first degree. if you can establish that he didn't mean to do it but it

resulted from this conducts, that he was outraged. he was jealous. he acted with anxiety, he was so frustrated and love enraged that she did die, it's a distinction been your life in jail and 10 years in jail. megyn: the on chance he has going on him on getting that man salute were conviction is he's a good looking kid, what he isn't in trouble with the law before an has to play on the jury's sympathies suggesting i never did anything bad before, please forgive me. >> maybe it jurors will have some sympathy, reduce this to manslaughter, voluntary and involuntary an, celebrating his 30th birthday back out on the streets. the victim was equally smart, intelligent and never been in trouble. there seems to be a history that he flew into jealous rages. he wrote in an email a few days before that he should have

killed her. she apparently committed infidelity and that's why he kicked in the door. he wasn't there to tuck her in. you are kicking the door. you are there to do damage. megyn: he was insanely angry according to the prosecutors. the defense -- they are suggesting i guess he had 15 drinks that day. is that any sort of a mitigating factor? >> it goes against the issue of intent. and that's the issue. the issue is whether when you are drunk you are the mental capacity to develop a scheme or plan to kick down the door for purposes of kill something one. this could be viewed that matters got out of control. both of them were jealous and had issues where there was physical contact between the other. the victim said -- but did he mean to kill her or was he so outraged by this whole love relationship that that resulted. megyn: he sat down and gave

police an interview in the days after -- i think the day after she was killed. and they have that. the jurors will see that. on the tape he apparently admits he was the holding her, and that's when her nose started to bleed. he may have grabbed her by the neck but he never strangled her. now we get this testimony there was blood on the shower curtain and her head was cracked wide open. how is that going to play? >> he's trying to minimize his involvement in this. what i suspect -- it will undermine his credibility. if they do have sympathy but then they hear this tape where he's not taking responsibility. i grabbed her by the neck but i didn't squeeze her dead. i don't think the jurors are going to appreciate that. >> there was no blood on his clothes and that's significant. and when trace talked he spoke about when he was first encountered he said there is no

way she i dead. there is nothing i might have done that could have caused that. how did it happen? megyn: i think we know how it happened, it's just a question of what was in his head. panel, thank you both so much. we'll be right back. 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. keeps you from getting soft. [ major nutrition ] ensure. nutrition in charge!

megyn: law makers in utah considering a controversial proposal that could have national conservatives. the legislation would force smokers on medicaid to pay higher co-payments. some insurance companies already do this. but medicaid is a government program and this would and first. >> reporter: the american lung association says this is not a good idea and could end up costing the state of utah more

in the long run. but republican paul ray put this bill before his colleagues in the legislature because he says taxpayers shouldn't have to pay for someone else's poor decisions. take a listen. >> the government continually provided entitlement programs for people without asking for personal responsibility. if you choose to smoke you have got some cost involved with it. >> reporter: the american lung association says if this passes utah should expect to see more medicaid recipients with heart and lung diseases. >> some people have to pay out of pocket they tend to not seek out that treatment. so smoking cessation being part of that treatment, we would say

that people with less income would be less likely to go and seek cessation treatment. >> reporter: that extra charge would go away if a recipient enters a program to quit smoking. if this passes representative ray says his next target is the obese who says should also pay more for an unhealthily lifestyle. megyn: a man facing murder charges for drowning his wife on hair honeymoon. 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. are you done sweetie? yea [ male announcer ] fiber beyond recognition. fiber one. hey, i love your cereal there-- it's got that sweet honey taste. buno way it's calories, right? no way. lady, i just drive the truck. right, there's no way right, right?

have a nice day. [ male announcer ] 80 delicious calories. fiber one. : are you receiving a payout from a legal settlement

or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. >>megyn: happy valentine's day. this couple celebrating their 70th anniversary today. >> my best buddy took me to a ride said where are you going and he said never mind and we stopped in front of her house and she was