jenna: tough new rules and trading going on and an exciting football season. it's only march we have a while to wait. bill: tebow should have stayed. megyn: we are a little more than an hour from the president touching down on a four state effort to edge off anger over high gas prices. welcome to "america live," i'm megyn. the president boarding air force one for a trip that will take him to four key battleground states this election season. we are hearing there are protestors waiting for him at each and every stop along the way. he arrives in nevada next hour, where he will tour a solar facility. then a stop in new mexico where they are pumping both oil and natural gas out of the ground. then to oklahoma where the keystone pipeline is a big issue. and finally onto the ohio state university, home to some of the

country's most advanced energy-related research. it's also a state where gasoline prices just went way up overnight. columbus seeing a spike of 12-cents a gallon overnight. toledo and kenton both up by 13-cents in the last 24 hours, and of course ohio is a key state in the presidential election. joining me now fox business network anchor charles payne. welcome. i want to talk to you about one particular stop on the president's four-state tour and that is oklahoma. he's going to go down there and give a speech of fast approval of the southern leg of the keystone pipeline. he wants folks to believe that he is all in on keystone but that is literally only half the story. >> i wouldn't even say half the story. if i had to equate it to anything, megyn, think about the george washington bridge and maybe saying, i support the onramp. at some point we'll actually build the bridge, but i'm not ready for that part of the project just yet.

megyn: he's got to do it because keystone has become a big issue with these mounting gas prices. rightly or wrongly people are focusing on what the administration is doing. and what they did very recently is to say know, at least we are told until after the presidential election to the building of the keystone pipeline on the northern part of the united states. he will tout his approval of the southern part but he didn't have to approve that. >> exactly. the whole thing is very disingenuous. i think it's pretty transparent as well. to your point, the southern part didn't need presidential approval, it never has needed a presidential approval. the president and the people that help him make these decisions had over three years to vet this project. concerns that were brought up have been addressed, both democrats and republicans in key states including nebraska says okay if we resouth this thing we are okay with it. it looks like the environmentalists one above everyone. every day gas ticks up a penny

people are going to remember this. megyn: what do you think of the first stop in nevada at a solar facility. i think a lot of americans say solar power is great but to highlight on the heels of so many administration investment failures on energy sources and on the heels in which a couple of weeks his energy secretary has taken a beating for comments about not caring about bringing gas prices down and comments years ago about wanting to hike them up to get america off of oil. >> this copper mountain trip, to your point. solar is cool, it looks good, it's nice except when it comes out of our projects, particularly when it goes to projects like solyndra, which is not vetted at all. a lot of the money ends up in the pockets of bun b u.n. dlers. $54million between federal and state taxpayer money, they said it would create ten permanent jobs.

that is an embarrassment itself. five full time employee. the return on investment for our dollars, $54 million for five jobs. it just does not equate. megyn: does the president have to do this? he's got to get out there and show he's doing something on energy. we've seen a nonstop barrage of efforts by the administration to at least start talking about energy. does he have to get out there and at least look like he's on it. >> from a political point of view, yes, from a realistic point of view he should be at the white house with his sleeves rolled up and calling his backers saying he's making tough decisions that you are not going to like. i'm going to open up federal hr-pbdz for drilling. fast track drilling projects, deepwater, shallow drilling projects. he may hurt a lot of his core supporters, but our gas prices would drop immediately. megyn: he's getting hammered by crossroads. i want to show the viewers a quick snippet of what they put

out now. >> then and now the difference president obama's administration restricted oil production in the gulf, limited development of american oil shale and obama permanently lobbied to kill a pipeline bringing oil from canada. megyn: the democrats are already responding to that, the president is out there trying to change the narrative. charles i'll give you the last word, might he be successful? >> i don't think so. i sincerely don't think so. i think this is one of these issues that it hits home immediately, it hits home almost every day when you have to get up in the morning and take your kids to the babysitter and drive to your job 15 miles away, maybe walmart hapb do it all again when you come back home. none of it makes sense, the windmills and solar panels don't make sense. megyn: a 13-cent spike overnight gets some eyeballs. thank you. the president's energy secretary was taking new criticisms for his remarks in a house oversight hearing yesterday. it all started with this question from california congressman darrell issa, who

mr. chu, mr. steven chu the energy secretary. he asked mr. chu to grade himself on the way he, chu, has handled gas prices. >> in controlling the cost of gasoline at the pump do you give yourself an a-minimum us? >> the tools we have at our disposal are limited, but i would say i would give myself a little higher, in that since i became secretary of energy i've been doing everything i can to get long-term solutions. megyn: and it did not stop there. next hour the angry exchange over electric vehicles, and the reaction to secretary chu's report card remarks. another fox news alert now on major new research coming to light. a new survey of hundreds of american businesses finds employer confidence in providing healthcare coverage for workers is at its lowest point ever. that comes five days before the supreme court takes up the

president's healthcare law. shannon bream live from washington on how the supreme court hearing is shaping up, shannon. >> reporter: well, megyn, despite those numbers you mentioned from business owners people who actually support the president always healthcare law ar are predicting victory. they say this. >> i could go back 200 years to an 1824 supreme court decision, written by one of the people who ratified the constitution, and he said that congress has authority overall forms of trade. it has full authority overall forms of trade. guess what, this law regulates trade in healthcare. >> reporter: the white house is working to highlight the ways in which the administration says the law is already helping americans like the specs in denver. he had a stroke while they were uninsured. under the new law they were able to get coverage they say saved his life and their business. most americans, though, remain unconvinced.

a fox news poll show 52% disagree with the way the president has handled the issue of healthcare while 43% approve. another poll shows the majority of americans, some 67% say the supreme court should strike down the individual mandate or throw out the law all together. >> if you believe in ufo's to think this mandate is constitutional. i think the american people have been able to distinguish between benefits that they might get from this bill and the means that congress has chosen to enforce it, which they agree with us, is unconstitutional. >> reporter: of course the court has also slated 90 minutes to have arguments over whether or not the rest of the law can stand if it does indeed strike down the mandate at the heart of the law, megyn. megyn: it's going to be so interesting. i know you'll be sitting in the courtroom next week and we will be looking forward to those updates. the audio will be released at 2:00pm each day. you will hear it first on "america live." shannon, thank you. >> reporter: you got it. megyn: we are following a

developing situation in southern ohio now where a boulder the size of a firetruck broke free from the hillside taking out power lines, curbin crushing cars and damaging a house trace gallagher has more. >> reporter: a boulder 25 feet in diameter, a massive rock, when it broke free it kind of sounded like thunder. a woman looked outside and saw sparks and thought it was light new england. it came down a hill crushed two vehicles, knocked down a utility pole, damaged an underground water line and cable line and damaged a house. the family was in the back side of the house when the boulder hit. all the 0 homes in the neighborhood are evacuated. they are not sure how stable the rest of the bolders are up on top of that hill. the rock left a divit in the side of a mountain kind of like a small cave, and now to get the rockaway from that house it looks like, megyn they are going to have to bust it up into small pieces and then carry it away u. can't just roll it down the

street. either that for they get fred flynn stonf hr-rbg flintstone to come and carry it away. megyn: we showed you new research moments ago predicting a huge drop in healthcare coverage at work. in three minutes what is behind the forecast and why it could be one of the most important stories in the healthcare overall. frightening testimony today on hezbollah and it's ability and desire to attack americans inside the united states. find out how and why. and can an aspirin a day keep cancer away? the new research and what you need to do before you start popping those pills. also an unarmed black teenager shot and killed by a hispanic neighborhood watchman. some say racism was behind this. before you pass judgment new

questions about the evidence in this tragic case. >> so you think he's yelling help? >> yes. >> what is your -- [gunshots ] >> there's gunshots. >> you just heard gunshots in. >> yes. 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: lots of breaking news today on the healthcare overhaul. rasmussen reports released new poll numbers this morning saying the majority of americans think the president's healthcare law will end up doing more harm than good. 62% of people think companies will end up dropping health insurance coverage for their employees as a result of this law. just 25% thought that probably would not happen. matt mccall is president of the penn financial group and here with more. this is all in the context of the supreme court arguments gearing up for monday. you can see the american

people's believe and what it will do. this is backed up by a tower watson health survey completed in march. they've been tracking employers' confidence in their ability to provide healthcare benefits for their employees going ten years in the future. they have been doing it for years. they found it is at its lowest point since they began tracking the data. 2011 only 23 herz believe they will still be offering healthcare benefits. is this a scare tactic? >> i do not think so. it's eye-opening for everybody out there. because, you know, you can poll you and i and think if our employers will offer health insurance. we'll be a bit more pessimistic because of the state of the economy and everything writ is right now. when you actually go to the employers and they are dropping from 73 to 23%. one in four employers believe they will be offering decade benefits a decade for now. what happens to the 75% that are not going to be insured by their

employers going forward that that forces them to go to the government. megyn: they go on the public exchange or the exchanges that the government is mandating, essentially. when that happens what happens to our healthcare system. >> we become a single payer healthcare system. it's almost like running a social healthcare system like they have in canada and a lot of european countries. my opinion is that the obama administration has been pushing for this from day one that is the end game of what this healthcare reform bill was really pushing. megyn: these numbers are somewhat backed up by a survey performed by ma ki mckinzie in 2001. it says once the healthcare law kicks in in earnest. they are going to stop offering health insures. they would rather pay the penalties and provide the insurance. >> what the penalty will be through the new law is each employer has to pay $2,000 per person if they do not offer them

healthcare insurance. the cost could be anywhere between 10 and $30,000. the offer $20,000 per family offering them that insurance. if i'm running a large corporation i can save $18,000 and then my employees can maybe get a little bit more in salary, go out and buy their own insurance and the employee gets incentives from the government from this potentially single pair system. megyn: i know the argument was employers wouldn't do that because they'd want to retain good people and you have to offer good healthcare plans to row taeupb good people. 30 to 50% ever the employers say we'll find good people not wit notwithstanding this. there was a piece in the "wall street journal" by wisconsin senator ron johnson that talks about how the premiums have gone up significantly already for customers, for patients under the healthcare legislation. the president had suggested that the healthcare plan that he was putting into law would lower annual family health insurance premiums by $2,500 by the end of

his first term. he claims in his piece that it's been the exact opposite that the premiums have gone up. how can that be? >> if we had a free market where basically the government stepped out of healthcare and let independent health insurance companies out there battle over each other. if there is company a and b i'm fighting for that same customer. my fees are going to be lowered down to try to attract that customer. now with the government stepping in it takes away the complete free market, there is so many regulations, we never had tort reform. all this extra added regulation and fees that are put on the healthcare insurance companies are passed to you and i and that's where the fees will go up. these health insurance companies don't really know where the end game will be with this healthcare law. the fees again, all this stuff gets passed to you and eye. megyn: i started this interview by asking if it was a scare tactic. these insurance companies have reasons to scare us because they want to provide it, they don't want to be forced to provide all the things, cover preexisting conditions and do all the things they have to do under the

president's law. could this be bluster? o he, we're going to answer he will it all together. if the supreme court upholds the law we have to cancel it. megyn: >> it could be a bit. they are trying to make money, a profit. it's pretty unethical if you ask me. this is a complete mess it's only going to get worse. you look at the estimates when healthcare was originally proposed they had lower costs in a decade from now. there is no way. they thought medicaid would only cost 10 to $20 million per year and it ends up being ten times that month. megyn: johnson says when medicare pasted in 65 the feds estimated it would cost 12 billion by 1990. and it really cost 110 billion. >> i think we'll see the same thing if the healthcare gets passed through the supreme court. megyn: those are big numbers. thank you, sir. you could have a big cancer fighter in your medicine cabinet right now. brand-new veer much out on the power of aspirin, and it's not what you heard before about the heart and all that, totally

different. but is there a big downside? answers next. big questions are being raised about fast and furious after video surfaces of eric holder's past remarks on guns and brain washing. new suggests that mr. holder's well-known antigun sentiments are one of the reasons the government operation fast and furious may have spun so badly out of control. we'll have both sides in a fair & balanced debate. >> to change the way in which people think about guns, especially young people and make it something that is not cool, that is not acceptable, that it's not hip to carry a gun any more. in the way in any we've changed our attitudes about cigarettes, we need to do this every day of the week and just really brain wash people into thinking about gun nasa vastly different way.

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study out finding aspirin the wonder drug millions already take for heart health may also help battle cancer. dr. marc siegl is part of our fox news medical a team and a professor of medicine at nyulancom medical center. what is the bottom line here it helps prevent cancer mr. . >> this is astounding. lancet looked at more than 50 studies from 1950 all the way to 2011. they looked at over a hundred thousand patients and they found a 38% decrease in colon cancer, gastrointestinal cancer in patients taking aspirin. megyn: decrease in it even starting. >> reporter: it even starting. and 35% less spread of cancer once you've already had it, which has never been studied

before. if you already have cancer and take an aspirin it was 35% less likely that it would spread and 15% less likely that you would die for it. this is an extraordinary finding because we finished telling people and warning people out there that aspirin can cause more bleeding than we thought. how do you put this all together? if it's an individual patient say to your doctor, what is the benefit, what is the risk. megyn: when we talk about the bleeding risk? if you get cut you're going to bleed a lot, if you have surgery you're going to bleed out, what do you mean. >> reporter: we are most worried about gastrointestinal leads that will land you in the hospital. i'm not so concerned with a bleed if you happen to get a cut. megyn: they say the elevated bleeding risk was only seen in the first few years of aspirin therapy and decreased after that. >> reporter: bingo, that is already important. it moves my needle as a physician in the direction of wanting to give more aspirin. megyn: it moves my needle as a patient in wanting to take more aspirin. >> reporter: you better believe

it. you talk to your doctor you say hey, i'm over 50 years old, not you, but me. maybe i have a risk of heart disease, maybe i want to give aspirin for that reason. we know it decreases your risk of heart disease. you say hey doc how about the risk of cancer? and i say, you know your risk is less. megyn: family history. >> reporter: the family history of colon cancer, the risk is less. today as opposed to yesterday because of these studies i'm much more likely to give aspirin than i was before. this is very important. i won't give aspirin to prevent cancer but if i'm already considering it it may put me over the top. megyn: people shouldn't be running out and starting to take it. talk to your doctor, it's not just for headaches any more. dr. siegel thank you sir. >> reporter: great to see you. megyn: there was an open letter to president obama with a bold message on energy from ceo's of some of the largest energy development firms. one of the authors of that letter is here live on "america live" to explain what changes can really lead to a break for american consumers. and florida police accused of botching the investigation into

the deadly shooting of a teenage boy by a neighborhood watch captain, selfdesignated. but local leaders call this a rush to judgment. we'll discuss it, both sides after the break. and a new warning about a sleeping enemy that could be lurking inside of our borders, thousands strong. agents of iran waiting here to cause damage inside the united states. can we protect ourselves? a hearing on the hill right now. >> do you believe that the iagc would be able to leverage the eubgs ising hezbollah network that operates in this country to potentially conduct a terror operation? >> well with their past track record, you know, if it receives any weight whatsoever then i would say, yes. [ male announcer ] the next generation of lexus cannot be contained. [ clang ] the all-new 2013 lexus gs.

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megyn: fox news alert, we are now hearing that police in france could be preparing to storm a building where a man suspected of murdering seven people is holed up. live look at the scene here for you. hundreds of riot police surrounding the area -- can't see it that well right now, you can see the vehicles. the suspect is said to be talking. we understand that he is a french citizen of algerian descent. he rightedly told police he belonged to al-qaeda and he wanted to, quote, avenge the deaths of palestinians. police say he's responsible for at least seven murders, including those of three

soldiers, a rabbi and three jewish school children. more on that as we get it. new questions today in the shooting of an unarmed black teenager by a hispanic neighborhood watchman in florida. trayvon martin's death at the hands of george zimmerman is now making international headlines. critics call this a racially-motivated attack, but the city commissioner is warning folks not to jump to conclusions as questions are raised about a 911 call at the center of the case. this as we learn now a grand jury is looking into this matter. trace gallagher live in our west coast newsroom with more. trace? >> reporter: and one of the big questions in this case, megyn, is whether george zimmerman continued to pursue trayvon martin, was he the aggressor? i'm going to play the 911 call where zimmerman acknowledges he has spotted a black teenager that he believes is up to no

good and that he begins going after him. play it. >> reporter: at that point zimmerman told police he lost sight of trayvon martin, he was walking back to his truck when trayvon martin attacked him. at least seven neighbors called 911. they all heard someone yell for help, but none of them saw who was yelling for help. listen to one of the calls, you'll also hear the gunshot. play this. >> reporter: that caller has publicly said that she believes the person yelling for help was

trayvon martin. two other callers reportedly agree with her, but a city commissioner in sanford has told the fox affiliate in orlando that police believe george zimmerman was the one who was yelling for help. keep in mind while zimmerman was on the phone to 911, trayvon martin was on the phone to a girl in miami, a 16-year-old, who told this to "good morning america." listen. >> reporter: you heard the headset just fell, so she believes he was pushed. again, megyn, nobody saw the altercation. they heard it, but right now they're trying to piece together exactly what happened. a grand jury, the feds are also involved. megyn: thank you, trace. so where do we stand on this case? has there been a rush to judgment? as that city official in san todd is suggesting, or have they not been quick enough to impose

some sort of judgment here? joining me now, monica crowley and sally cohen, both fox news contributors. the whole nation's talking about this now, you know -- >> they should be. megyn: from news media to local cafés, this is on the minds of a lot of americans, and it depends on who you ask what is it about. what is it about? >> this case is about a lot of things. first of all, i think we should all be thinking how we would feel if this was our son, our grandson, our brother who had been walking home there the 7-eleven with bag of candy and was followed by a man, a fully-grown man, over 100 pounds heavier than him with a ..9 mm gun and whatever the situationenedded in his death. -- the situation ended in his death. almost a month later there haven't been charges pressed against george zimmerman is anything but a rush to judgment. if anything, there seems to be an avoidance of at least letting the facts be aired.

megyn: the grand jury didn't start looking into this, as we understand it, until the national outcry started. the police were content to not pursue this. >> uh-huh. well, i think that's a direct result of a law that florida passed in 2005 called stand your ground law -- megyn: which allows you to use deadly force if confronted with deadly force. >> if you feel -- megyn: where was the evidence? >> we don't know, and i think that's why this investigation is going on because none of us really have all of the facts, and there are no eyewitnesses as trace was saying, people heard the confrontation, but they can't identify the actual aggressor. megyn: i ask you this, we don't want to rush to judgment, but everything we've heard so far, and we haven't heard directly from zimmerman, but nothing supports the suggestion that trayvon was using deadly force against can zimmerman, does it? of all the witnesses, has suggested that kid was getting in that guy's face? >> that's right. all kinds of things are screening as this point, but there's something very important

to note about this stand your ground law that is part of what's at the center of this which is it provides for an absolute definance if person who allegedly stood their ground -- in this case, mr. zimmerman -- says he was defending himself. megyn: not just that he says it, if he can prove it. >> no, actually, it's rebuttal. it has to be rebutted by prosecutors. and that's why ever since this law was passed in 2005 quote-unquote justifiable homicides have gone up in florida threefold. megyn: this is turning into a debate, turning into more than what the case is about, it's turning into a debate about guns, and there's a headline, an editorial in the new york daily news that says the martin shooting reveals america's psychotic love affair with guns and how it's a gun-happy florida and the insane stand your ground law, and now they say the number of defendants claiming justifiable homicide has tripled in the state.

>> i think it's going to end up in this conversation about the second amendment and the widespread availability of guns, but when you think about the stand your ground law, that is one way to look at it, that the justifiable homicide which is a new category that people canrn?g threatened, i needed to defend myself. but the other way to look at it is, yes, but those victims, the corpses, those victims who are being threatened, if they did not have the -- megyn: you're not necessarily saying in the case. >> no, no, i'm making a broader point. the other point is so many communities in america, megyn, are dead broke, and we're seeing the drawing down on police departments, fire d.s all across the country and the rise of neighborhood watch groups -- megyn: that's interesting. >> -- like this one was the public funds aren't there. megyn: that's interesting because he, among the others, this guy zimmerman is taking, what kind of a watchman is he, self-appointed, he's called 911 over 60 times.

there is one sound white that arguably helps him -- sound bite that arguably helps him, in my opinion. listen to this one of zimmerman on 911. megyn: he's going to argue i didn't know, he was acting suspiciously, that's what he'll say. >> well, and, megyn, i think we should go back to your original question about is this a conversation about race. look, i think when we talk about race in america, we tend to go too quickly to racism. i'm not going to argue, i don't know mr. zimmerman, i'm not going to argue he's an overt racist. the point here is there have been studies, and this links to guns, for instance, across all races you put subjects in a room, and you have them play a video game where they're supposed to pull a trigger whether the subject they see is armed or unarmed. if they're armed, they're supposed to pull a trigger. across all races subjects in

those studies are quicker to pull the trigger on an unarmed person of color, a black subject, than an unarmed white subject. so we have what scientists call a shooter bias. if you have a gun in a study, your more likely to fire if you see a phone or a bag of skittles in their hand. megyn: on this score i do want to play you part of one sound white bite, we're running out of time, but this is number one. listen to zimmerman, and you tell me whether this has anything to do with race or not. megyn: these blank, they always get away. yeah. they. >> as you mentioned, megyn, he,

mr. zimmerman, has a long history of calling 911. it'll be interesting to see how many of those he reported on were white suspects, how many were hispanic, how many black. i'm not sure there's a racial component here, no way of getting in mr. zimmerman's head, but what i find interesting is professional law enforcement, police officers, when they're confronted with this kind of situation, there's a confrontation, there's agraduation on one side or the other -- aggression, it's dark, a lot of professionals have a hard time distinguishing whether somebody is armed or not armed or what the level of net is. i'm not making excuses, i'm just saying this is probably -- megyn: well, and you also go by the credibility of the reporting witnesses. you talk to the, you know, area, witnesses who observed it and so on, and there are some reports that some stories have changed once the national spotlight -- >> look, this is why we need an investigation, but that shooter bias, that implicit racial bias, that has been shown to also effect police officers, and let's also be clear, police officers were vocal against this stand your ground law precisely

because of these sorts of situations. megyn: now a grand jury is investigating this after the department of justice got involved, and pam bondi says she's looking into it as well. so it'll go beyond that as we've discussed here today. ladies, thank you so much. pleasure as always. heart-stopping video this hour as a little girl is flung like a rag doll from a carnival ride. can you see this? she supposedly met the height requirement, but should a 3-year-old be allowed on a ride like this in the first place? i want to tell you that she's all right. kelly's court takes up the now-court case just ahead.

megyn: fox news alert, an ominous warning from the chairman of the house homeland security committee. congressman peter king says the terror group hezbollah has hundreds, perhaps even thousands of agents inside of the united states. this as tensions escalate between the u.s. and iran,

hezbollah's main benefactor. take a listen to testimony from just this morning at a hearing that congressman king chaired just a short time ago about the threat domestically. >> hezbollah has what al-qaeda could only dream of having, they have established relationships with the most powerful international drug trafficking and organized crime syndicates ever faced by law enforcement, and they, obviously, maintain close relations with other designated terrorist organizations around our globe. congressman, whoever told you that hezbollah's now in 15 cities, i think they woefully underestimated it. megyn: that was michael brawn, a private security analyst. joining me now to discuss what he said, lieutenant colonel bill cow hand and mike barrett, for the office of secretary of defense and senior analyst for the joint chiefs of staff.

that was sufficiently terrifying that we thought it deserved discussion. you're talking about hundreds, perhaps a thousand or more of hezbollah agents inside the continental united states prepared to attack us in the event of an armed conflict between iran and israel. >> well, that's certainly the risk here, megyn. we have to be careful about use of the term "agent." these are people who know how to get cars, know how to get cash, they can get access to weapons, they know how to move people kind of under the radar, if you will, which is why this becomes a really important domestic policing problem, it's a law enforcement challenge here on the home front figuring out what are the networks that hezbollah has. and michael braun, you know, is a smart guy, and i know him well. the notion it's in only 15 cities is ridiculous. his what's all over -- hezbollah's all over the place. the question is, could those same people act as agents in place to support operatives who come in? megyn: colonel, does this

support or work against america getting involved in any israeli bombing of iran's nuclear facilities? we're talking about hezbollah having a major presence inside the united states, what does that suggest we ought to be doing if israel bombs iran? >> well, no question, megyn, we need to be paying close attention. i doubt we have a good handle on many of these people. remembering, again, sometimes there's confusion, they are lebanese, they're not iranians, and while we might do a good job of watching iranians that this come through this country, we probably don't watch lebanese that much whether they be shiite militia or some other part of the christian lebanese community. with what mike said is absolutely right, we don't know what the number is, but i'd add that while many of them may be support assets, they can help safehouses, help with cars, they can help with money, some other number of them are probably action agents that could really do something against us, and i'm reminded that the director of the fbi testified three or four

years ago on capitol hill that seven members of hezbollah had been caught trying to infiltrate across our southern border. seven members of hezbollah. he didn't say seven lebanese christians, these were members of hezbollah. and, you know, that made about page 20 in "the washington post," barely touched on in the national media, but clearly important to those who realize it's a threat. megyn: mike, this is one of the things they talked about this morning, how quickly could these operatives or members, whatever you want to call them, become operational as terrorists within the united states. the answers were not good. >> no, absolutely. i mean, that's the point. they could already be here in place. it's no secret there's massive tensions. i mean, you know, the iranians and the police there and the people who control the hezbollah strains, they read the newspapers just like everyone else. so i think it's entirely possible that operate is have come in -- operatives have come in. i was trying to make the point it's not hundreds of operatives,

so we shouldn't worry about massive attacks on cities in the dozens, but kinetic attacks on people, probably something like we've seen where it's explosives, attacking on buses or people armed with guns, i mean, i think those kinds of things can happen pretty easley. and, again, you have a full support network here which is how people can get on the ground and get the supplies they need. megyn: colonel, how do we dissuade it? what's the best way? >> well, you know, law enforcement in our country's working as hard as they can all the time, megyn, but it's going to require maybe more of a focus on lebanese and on people coming across the border, on people who may have a hezbollah affiliation. you know, typically in this country we've focused on al-qaeda. al-qaeda has been the big name. we're always looking for al-qaeda operatives. i never remember anybody talking about looking for hezbollah operatives. i have a lot of confidence in our law enforcement people and reasonable confidence in our intelligence assets as they look at people coming this way, but

the best defense is, you know, being aware, being prepared, thinking about what's happening and certainly if israel attacks, we had all best be on the alert that some response may happen here in our country from members of hezbollah. megyn: just another very good reason to pay attention to what is happening between israel and iran. gentlemen, thank you both so much. fox news weather alert, we are just getting reports of a tornado warning for the city of new orleans. meteorologist janice dean with the breaking news now. j.d.? >> reporter: yeah. we've seen tornado warnings throughout the morning and the afternoon, and this is just the latest. this slow-moving storm that is bringing inches upon inches of rain, hail and damaging winds, there's our tornado watch in effect until 6 p.m. local time including portions of south eastern louisiana in through m. but as mentioned, we do have a tornado warning for the city of new orleans. that's northern jefferson parish and southeastern louisiana. also just north of that, another

tornado warning for north western st. bernard parish, and the system is moving to the northwest around 50 miles per hour, rather north and east, and this was supposed by the national weather service's meteorologists, so spotting some strong rotation on doppler radar. this tornado warning good for the next several minutes. if you live in the area, you want to make sure you're taking shelter immediately. now, megyn, we've seen this tornado watch in effect throughout the morning and the afternoon, so people are on alert. this is a very slow-moving system, this is the same system that brought tornado warnings to parts of texas in through louisiana and now mississippi, and there's your severe weather threat. again, including new orleans throughout the afternoon and the evening hours and not only are we dealing with severe weather in terms of hail, damaging winds and tornadoes, but incredible amounts of rain that in some cases we're seeing close to a foot of rain on top of saturated ground, so a very dangerous situation. we'll keep you up-to-date on the watches and warnings. megyn: just quickly, j.d., it's

a warning in effect which means a funnel cloud's been spotted or reported? >> reporter: this one spotted by national weather service meteorologists, so we're spotting some strong rotation on doppler radar. but certainly, a lot of rain with this, so some of the tornadoes could be rain-wrapped. people can't see them coming. they need to be listening to their noaa weather radios or local weather service as well. megyn: a city that has been through so much. janice, thank you. >> reporter: okay. megyn: well, new fallout today to robert deniro's controversial remarks at a fundraiser for president obama. the veteran actor now apologizing for saying america's not ready for a, quote, white first lady. the crowd laughed, but deniro's taking plenty of heat for that line. trace gallagher has already -- has more on this one. >> reporter: i want to put this up on the screen now because this is exactly what

robert deniro said. >> reporter: someone in the crowd yelled, no, and deniro responded, too soon, right? newt gingrich was not amused. gingrich, shooting back saying this: >> reporter: the white house has referred all the comments to the president's re-election campaign. mrs. obama's campaign spokeswoman called the joke, quote, inappropriate. now, deniro says, well, he meant no harm, and he has now issued this statement. again, i'm quoting: >> reporter: and now deniro is being defended by an unlikely source, the conservative commentator ann coulter said this in a twitter message and, again, i'm quoting: can we,

please, stop the fake offended routine? please explain what was allegedly offensive about deniro's joke. we should also point out that ann coulter is a big mitt romney supporter, and she has defended others who have been criticized by newt gingrich in the past. megyn: very interesting. satirical jest. satirical jest. [laughter] thanks, trace. well, as president obama heads to oklahoma to talk about oil and gas prices, the top guys at four of the state's biggest energy firms write an open letter to president obama. one of them, former american petroleum institute chair larry nichols, and he will join us live in five minutes -- less than, actually -- to explain what changes can really lead to a break for american consumers. plus, why'd he do this? and breaking news on two oklahoma landowners who fought the epa all the way to the u.s. supreme court after being fined

thousands of bucks a day for building their home on wetlands. even though there's no water in sight. some happy news for them right after the break. >> no one in this country, no american taxpayer should have to go through what we've went through, you know? we all work hard, we pay our taxes, and then they turn around, and they use taxpayers' money to put you through a living nightmare? i'd like ones and some coffee. sure. cake or pie? pie. apple or cherry? cherry. oil or cream? oil or cream? cream. reddi-wip us real dairy crm. nothing's more real than reddi-wip.

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can reduce your monthly out-of-pocket drug cost to $5. and if you're not satisfied after 6 months, you get that money back. call the toll-free number on the screen. and talk to your doctor to see if orencia is right for you. megyn: fox news alert on a big win for the little guy. the supreme court unanimously siding with a couple that fought the epa all the way to the highest court in the land. brand new hour here of "america live," welcome, everyone, i'm megyn kelly. it was seen as a classic david v. goliath battle. two idaho landowners fighting the epa all the way to the u.s. supreme court. the showdown started after uncle sam threatened them with fines of more than $30,000 a day because the epa declared their property to be wetlands. but there's not a drop of water on their homesite. from the start mike and san tell

said their fight had bigger implications. >> we are fighting for ourselves, but bigger than that, we're fighting for everyone else in this country that owns property large or small. we believe property owners have their right to the day in court, and the epa has to be subject to the rule of the law. megyn: greg jarrett, the headline could be a unanimous supreme court ruling, that in and of itself is a big story. >> reporter: oh, it's huge, megyn, as you know. imagine building your dream home, all of a sudden one day three guys show up from the epa, and they say, hey, we're going to shut this down, sorry. protected wetlands even though there's no water in sight. and even worse, they then threatened the couple to fine them $30,000-$75,000 each and be every day, and they had no legal recourse. that was the plight of mike and chantell cac debt. the u.s. sproirt sided with them

saying the epa was dead wrong to block their home without giving them a legal avenue to challenge the epa's decision. >> no one in this country, no american taxpayer should have to go through what we've went through. you know, we all work hard, we pay our taxes, and then they turn around, and they use taxpayers' money to put you through a living nightmare? and now, you know, $100 million in fines? i mean, you know, you used the word, i think, "ludicrous." it doesn't make sense. >> reporter: well, and the sacketts's neighbors were never stopped from building their homes, and there was scientific knowledge showing wetlands didn't even exist there yet. they say the epa could care less. >> they told us to remove the gravel, put the site back, plant wetlands plants that were never on that property, and to maintain and fence the property for 3-5 years, apply for a permit even though the epa told us on may 31, 2007, that the epa

would not issue us a permit. >> reporter: well, justice antonin scalia exhibited his biting sense of humor when he wrote that the owners were surprised that their property contained wetlands, quote, having never seen a ship or other vessel cross their yard. so a long battle finally comes to an end, megyn? megyn: wow. great story. very interesting. thanks, gregg. >> reporter: sure. megyn: fox news extreme weather alert for you now, back to that tornado warning that was issued for the city of new orleans just a short time ago. meteorologist janice dean continues to track this live in the fox weather center. >> reporter: yeah. still strong rotation on doppler radar, megyn, for the new orleans area. there's our watch good until 6 p.m. local time, a watch meaning the conditions are favorable for tornadoes, and this is a system that we've been watching since monday that brought tornadoes across texas and a very slow-moving system just in the matter of 48 hours that's only really moved across louisiana,

now into mississippi. so slow-moving system bringing not only the threat for tornadoes, but large hail and damaging winds and incredible amounts of rain. so tornado warning right there, and you can see that red polygone for the northern jefferson parish good until around 2:15 eastern time, 1:15 local time. so people are urged to seek shelter immediately this these areas, and the amount of rain that we are seeing in the area, megyn, some of these tornadoes or the tornado activity could be rain-wrapped, so people can't see them coming. i'm sure the sirens are going right now, and people should be listening to their local weather stations, of course, to bring you the latest. the other big concern is the amount of rain we are seeing out of the system, in some cases we could see a boot of rain in less than -- a foot of rain in less than 48 hours. there you see around the little rock area down towards alexandria, south of shreveport, we can seed inches of rain in

just an hour. ongoing situation. there's a live picture of new orleans. i'm assuming that the sirens are going off right now in and around the northern jefferson parish, southeastern louisiana as we do have a tornado warning in effect for the next several minutes, and that tornado watch goes until 6 p.m., so they're not out of the woods yet as we go through the afternoon hours. megyn, we'll certainly keep you posted and bring you the very latest from the new orleans area. back to you. megyn: all right, janice, thanks so much. >> reporter: okay. megyn: well, a bold message on energy to president obama as we await the president to begin his four-state energy tour. we've gotten our hands on a letter sent to the white house by top executives at four of oklahoma's biggest energy firms, recall he's going to oklahoma among other states. part of that letter states, quote: the newfound abundance of oil and gas in america creates for the first time in 50 years the opportunity to break opec's head locke on the american

economy. mr. president, your words suggest you want the economic benefits american natural gas and oil can deliver. we hope your actions follow suit. to date, they have not. one of the authors of that letter joins me now, former american petroleum institute chair larry nichols, co-founder, chairman and ceo. larry, thank you very much for being here. so what do you mean his actions have not suggested his devotion to greater energy sources? >> well, if you look at all the things that this administration has done over the last three years, they're hostile without exception to the production of domestic oil and domestic natural gas here in the united states. we've had an incredible revolution in technology during the last decade that increasingly each year gives us a dramatic increase in our ability to produce domestic oil and natural gas, but the administration's actions have always been hostile to that. megyn: you know, you talk about how -- in this open letter -- one thing you don't want to see is, quote, punitive tax

increases on your industry. and the president and democrats have talked about this a lot, they don't like what they call sub subsidies to big oil. you say the president and those who are against these tax breaks, essentially, have it all wrong. tell us. >> well, we're against subsidies. we don't get any subsidies. i mean, subsidies is where the government writes you a check. what they are doing is calling our deductions of business expenses a subsidy. that would be like calling a typical american's detext of his mortgage home interest a subsidy. it's an expension that we deduct just like every other business -- megyn: but, wait, larry, let me challenge you on that because a lot of our viewers don't have a lot of money, living paycheck to paycheck, and if anybody should be getting a writeoff on their taxes, it it should be me, and e should take those tax breaks away and use that money on some

better program. why, why are they wrong? >> well, one, that would be discriminating against one industry against all the others. but more importantly, look at what would happen if you do -- did that. obama's proposals which have been in every budget he's proposed, when they went to the senate, it died immediately. and that's because of the results. his proposals would take away somewhere between a quart intera third of our cash, of the cash we have to invest in hiring people and drilling oil and natural gas wells in the country. if you did that, the only way we could balance our budgets would be to reduce our employment, reduce the jobs in this country and to produce less oil and less natural gas which, of course, means we have to import more oil and natural gas. that's not good for the american people at all. megyn: so you're saying reduce the tax breaks you guys get, see fewer jobs from your industry and see potentially gas prices go up even higher. >> right. megyn: let me ask you about the regulations because that's

another piece of your letter to president obama saying, and i quote: megyn: you go on to say there's considerable risk that the president's going to cripple america's energy production. how so? he would say, look, you guys, you're the corrupt big oil companies, and you're poisoning the earth. maybe those wouldn't be exactly his words. but he's trying to say i'm trying to protect the earth, you have to be subject to a few more regulations. >> well, we have been in this country very successful over the last few years of increasing oil production in the united states and creating a lot of jobs in places like north dakota, here in north central oklahoma where gas drilling is done, and we've gone that in a -- done that in a very environmentally sensitive way. regulations have discouraged production on federal lands. fortunately, the federal government does not have control over all of our lands or

employment would be dramatically less than it is now. but you see those coming from the epa where they're looking at air emissions, water emissions, trying to wrest control from the states who have done a very good job of protecting our environment for decades to get that power centered in washington where they can slow down this whole oil and natural gas drilling. megyn: larry nichols, thank you very much for being here, sir. all the best to you. >> thank you. megyn: coming up, controversial comments from attorney general eric holder surfacing almost a decade after he made them. the ag once saying there is a need to, quote, brainwash people when it comes to guns. now some critics suggest that message may have contributed to operation fast and furious going off the rails. we'll have both sides on that right after the break. and a 3-year-old girl tall enough to go on a big girl ride? still small enough to fly right off of it. the horrifying video. i want to tell you she's okay. but the amusement park claims

they did nothing wrong. should a 3-year-old be allowed to go on a ride like that, and what about the parents? it's all on the docket in today' kelly's court. and energy secretary steven chu making headlines again after saying he would give himself an a for energy. and gas prices. now several lawmakers are calling him out. today's new fallout. >> in controlling the cost of gasoline at the pump do you give yourself an a -? ok! who gets occasional constipation, diarrhea, gas or bloating? get ahead of it! one phillips' colon health probiotic cap a day helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'.

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megyn: new fallout, now, over a recently-uncovered video of attorney general eric holder back in 1995 when he was the u.s. attorney for d.c. he was calling for a new campaign against guns at the time, and some critics are suggesting that mr. holder's well known anti-gun sentiments expressed there are one of the reasons operation fast and furious spun so badly out of control. that, of course, a gun-walking operation where we intentionally let guns walk across the mexican border thinking they would lead us to bad guys. instead, they just got those guns, the bad guys, and used them to kill at least one federal agent not to mention hundreds in mexico. joining me now to discuss us, julian epstein, former legal counsel to the house judiciary committee, and jay sekulow, chief counsel of the american center of law and justice. i want to read to you what chris cox, the executive director of the nra, has written on this. he says, quote: in retrospect,

holder's speech was an ominous foreshadowing of the lengths he was willing to go to to suggest a gun-ban agenda and suggests this video afters evidence that fast and furious was a premeditated, criminal act conceived and covered up under an anti-gun i'd log intent on brainwashing americans. julian, i'll let you take the first shot at that one. >> well, i think drawing a connection between what attorney general holder said in 1994 and fast and furious is about as fanciful and about as paranoid and grand conspiracy a theory as you could come up with. i don't think anybody takes that theory seriously. what holder was saying in 1994-'5 and i think the term "brainwash" was unfortunate, he was saying the glorification of guns and violence in the popular media on television and movies, in music was having a very, very debt criminatal effect, and he was talking about how inner city

youths think about the gangster culture and the need to change that. and that is something i think conservatives would be championing him for rather than criticizing. megyn: he was u.s. attorney of d.c. at the time which was the murder capital of the world, so he's talking about what's happening in d.c. at the time. but chris cox at the nra suggests, it suggests more about his mindset than just the gun violence in d.c. >> well, let me, number one, d.c. has a significant history with gun violence, but that does not justify excising the second amendment out of the united states constitution. i agree with julian, i think that tying this to fast and furious is a stretch. this is way predating fast and furious. but what it does show is that the attorney general and the president have a very different view of the second amendment than most americans have and, frankly, the supreme court of the united states has. while i agree that we should not in any way uplift violence on behalf of the utilization of

guns, most people that have guns use them safely, they understand how to use them, they're trained, and so you can't ignore the second amendment. give the citizens the right to bear arms. d.c. had a ban on handguns as you'll recall. those bans have been struck by the supreme court as unconstitutional. but what's interesting here is and where the tie-in, i think, is more of a mind haveset, whatt we're trying to address? if your trying to address gun violence, there's ways to do that, but you can't go after -- first of all, using the term "brainwash" was ridiculous, but that was why people get concerned. when you use that term, it shows a bias that's not being hidden, it's very parent. again, you can't excise the second amendment -- >> can i respond to that? megyn: you can, but i want to ask you this because there has been some suggestion by folks looking into fast and furious based on the documentation that it was, it may have, indeed, been an effort to gin up

anti-gun sentiments here in the u.s. you'd see all these guns, you know, in the hands of mexican criminals in exchange for drugs, and it would lead to this anti-gun sentiment here in the united states. there has been that theory posed julian. >> sure. there is a -- mexico in particularly the criminal gangs are awash with guns. the notion of guns walking in the fast and furious program adding to that, i think, is silly on its face. but to respond to jay, two things. first of all, again, holder's point was to decry the glorification of guns and violence in culture. that is something conservatives should embrace. >> sure. >> secondly, i think, jay, you're just respectfully wrong about that. much to my chagrin because i believe we should have tighter regulation of guns. the obama administration has taken a very pro-second amendment position. they agreed with the chicago case where the supreme court recognized the second amendment, this administration has defended open carry laws, the administration has defended concealed weapons laws, this administration has gone into court to defend against lawsuits

that were filed against gun makers. i mean, this administration has taken a very, very pro-second -- megyn: have they? >> very much so. megyn: didn't eric holder, jay, you tell me, didn't eric holder join in a brief that argued that the second amendment doesn't apply to private citizens? >> correct. and that's why i'm saying i'm surprised, julian, you're saying this. because, first of all, and i want to say this, the attorney general has not hidden the fact of what his position is on this. he has been very clear on the way he views gun control and the way that gun control should be implemented -- megyn: and lanny breuer, his deputy, has led the charge against the assault weapons ban which the nra doesn't like at all. >> absolutely. and it takes it a step further. this, again, is not an unintentional consequence, this is an intentional act. i do want to say this, i think it's important, because as a conservative i do agree with julian on the fact that when it comes to, you know, glorifying the improper use of guns, nobody should be condoning that, and no

one does that has any sense about this. but you cannot eliminate, excite out, remove the second amendment which gives the right. and the administration, you've given a list of cases, some of which i know, some of which i'm not familiar with at all because the reality is in heller and some of these other cases the administration was very disappointed with where the court went -- megyn: yeah. i've got to leave it at that, but i'm going to leave you with a homework assignment because we have got a big case going up to the supreme court next week, and i can't think of two smarter guys than i'd like to discuss it with, so start reading those briefs. [laughter] you'll have no fun this weekend, but we'll see you next week. >> it's about that high. megyn: thank you both. we want to update you on the weather updates in louisiana. the tornado warnings for new orleans expired, but janice tells us there is still very strong weather moving through that state and no reports so far of serious damage or injuries in new orleans.

we'll keach watching it for you. and as i mentioned, we are just days away from arguments in one of the most important supreme court cases in years. that is not an overstatement. this is a huge, huge deal. the court has devoted an unprecedented amount of time to arguments here. it takes up president obama's health care law. it is being heard by the highest court in the land as we all knew it ultimately would, and we will get a decision come summer. what is the white house doing to prepare for this legal battle and the potential fallout? we'll have a live report. plus, never miss a call or a text again thanks to a little old tattoo that can vibrate on you when the phone lights up. we'll explain. ♪ wow. this is new.

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and today we are looking into what the white house is doing to get ready for this. wendell goler live on the north lawn with that. wendell? >> reporter: meagen, -- megyn, folks say they are confident the affordable care act will be upheld. the main part of the plan that's under attack, the so-called individual mandate, is really the glue that holds it all together. now, the man who will argue the case for the government is solicitor general donald barilli, he took over for elena caigen. he won't say what arguments he'll use, kagan, meanwhile, won't recuse herself from the case, and chief jus misjohn roberts won't ask her to do so. she is presumably a yes vote, but ironically, it may be -- according to legal experts --

it's the conservatives on the high court who'll provide the votes that save the health care law because of past rulings in which they've endorsed a fairly broad interpretation of congress' power to regulate interstate commerce. >> the constitution says that congress has the power to regulate commerce among the several states, and there's just no question that a law which regulates one-sixth of the national economy is commercial. >> reporter: now, on the other hand, if mandate is struck down, it's hard to see the rest of the law surviving since insurance pools will be filled with the old and the sick and many healthy young people will opt out, costs as a consequence will soar. what's interesting is that right now the president has no plans to celebrate the two-year anniversary of the law, and that may reflect polls that indicate most people feel it should be changed or repealed altogether. be megyn? megyn: wendell, thank you. well, coming up, we have the shocking video of a 3-year-old flying off an amusement park ride.

the carnival says she met the height requirement, but should a young child be allowed to go on a ride like this in the first place whether or not some line says it's okay? kelly's court takes up the case. she's all right, by the way. and the debate over president obama's energy policy is heating up, and the administration's point man is very much in the hot seat. so how does energy secretary steven chu think he's doing when it comes to the all-important price of gas? he answers the lawmakers and the rest of us. >> in controlling the cost of gasoline at pump do you give yourself an a-? do you have anything for a headache...like excedr... bayer aspirin... ohh, no no no. i'm not having a heart attack, it's my head. this is made for pain. [ male announcer ] bayer advanced aspirin enters the bloodstream fast, and rushes extra strength relief to the sight of your pain. feel better? yeah...thanks for the tip!

megyn: welcome back, folks. 2:32 here in the east. israeli diplomats closing the embassy in egypt, two israeli planes left cairo before sunrise loaded with documents and equipment. officials in mexico surveying the damage after yesterday's big earthquake. the 7.4 magnitude quake rocked the country's south injuring at least 11 people and destroying hundreds of homes. incredible video out of southern ohio now where a massive boulder broke free and rolled down a hillside. on its way down, it crushed two cars, took out utility poles and slammed into a home. it happened last night. amazingly, no one was injured. well, new reaction to the

showdown over president obama's energy policies. energy secretary steven chu going before lawmakers again as meshes on average -- americans on average are paying the highest gas prices ever for the month of march. yesterday the former physics professor giving himself high marks when asked about how he's doing when caroming the pain at the pump -- controlling the pain at the pump. >> in controlling the cost of gasoline at the pump, do you give yourself an a-? >> well, the tools we have at our disposal are limited, but i would say i would give myself a little higher in that since i became secretary of energy i've been doing everything i can to get long-term solutions. megyn: hmm. do you give him an a? tara dowdell and david webb, founder of the tea party 365 and the host of the david webb show on sirius xm patriot and melissa

francis. even higher than an a, so it's either an a or a +as that that would say, at least when i went to school -- [laughter] and critics are hammering him saying, really? >> i would love to have had this guy in college, i would have had the best gpa ever. he gets an f. [laughter] we have an 11% decrease in federal land access for -- megyn: but there are limited tools at his disposal. >> no matter what he does, he can't change the technology curve when it comes to gas. by the way, they bypass republican billed that would have opened up over 27 billion gallons of gas, barrels of gas, over 132 cubic feet of natural gas. they refused to do this, and secretary chu said it. we want european-style gas prices. megyn: he's dialed that back since then. >> you can't dial back -- megyn: melissa? >> i think he gives himself an a because prices are exactly where

he wants them to be. he's a nobel prize-winning physicist. he's a thinker, not a doer. when we see price spikes, they know what to do about it. when they see the refinery in pennsylvania right now that's shutting down because they can't make any money because the oil they're buying is so expensive, they can't make a profit turning it into gas, a real energy secretary would be able to get involved in that situation is and do something about it. you don't need to get your oil from london, we'll get the keystone pipeline. this guy, instead, wants an economy that runs on tropical plants, that's what he's envisioned. that'd be great. i'd like an economy where cars run on dirt, but that's not happening right now. megyn: he says there's only so much the administration can do, and he says i've done what i can to explore alternative energy sources, but, look, i'm just one man, we're just one administration. you can't have an instant solution. >> i think he deserves an a for putting up with the baseless attacks on his policy and a lot of the misinformation.

you're right. obviously, gas prices are frustrating for people, so i understand that. but with respect to secretary chu, what he's saying is in terms of long-term solutions, his efforts to make sure we have more fuel efficient cars which is something that is tangible that's happening right now, cars are being made more fuel efficient which does allow people to spend less money on gasoline, and to his larger point, he doesn't have much control. gas prices are set on the open market. and he sat there -- excuse me, if i may, he sat there during that hearing and had the same people who defended president bush when gas prices were super high in 2008, the same people attack him when they defended president bush for saying and said specifically that bush had no control over those gas prices. >> there are two things he could do today, tighter monetary and fiscal policy, the dollar isn't worth enough right now, and people are speculating on the price of oil. if we had tighter monetary fiscal policy, the dollar would be worth more, you could purchase more crude on the open market. he could also open more drill anything the rockies, permits

right now are down 70% versus the last administration. if we had more drilling in the rockies, we could see the same cape of revolution in oil -- megyn: but they are talking about pushing alternative energy sources in addition to allowing record drilling, they say record drilling this this administration. people say it was president bush started, but they are unlike other administrations at least trying to push out towards more fuel efficient vehicles and so on. steven chu got a rather animated response. and i want to show you this clip. it's kind of long, and it's a little weird, but you see steven chu listening to congressman mchenry of north carolina, a republican, who is not happy with what mr. chu is testifying to. you'll see the congressman at the end. watch this. >> my time is short. you've listed a long list of things that this administration has done. i have not yet heard that they're trying to increase the supply of american oil or our refining capacity or limit the

regulations in the diversity of blends that are required. i have heard nothing from you today that indicates a policy this administration has put in place that will meaningfully impact the price at the pumps. other than driving it up. the policies this administration's put in place have actually increased the cost of fuel at the pumps. they've increased the costs of commuting for my con constituen. and to tell my constituents that you need to go buy a nissan leaf, that you need -- in order to commute for 50 minutes a day you're going to have to have an employer who's wonderful enough to provide you a place to plug in your car so you can get home is absolutely ridiculous. and the anger that my constituents have of the cost at the pumps is very real. and if the president doesn't get this, if secretary of energy doesn't get this, we've got a

real problem here -- >> the gentleman's time has expired. >> -- 2009 and yet we're paying twice as much at the pumps. this is absolutely ridiculous -- >> the gentleman's time has expired -- >> we've not seen a reduction at the pumps. >> absolutely dead on in a number of points, and to add to melissa's point about oil which is traded on the dollar, monetary policy a $1.3 trillion projected cbo increase -- megyn: i have no idea what you just said, but your employer might not let you plug in your car. [laughter] >> i'm going to go to the punchline that america needs to hear, the nissan leaf, they're coal-fired vehicles. president obama in 2008, may of 2009 in oregon said under my cap and trade policies the price would increase, so, in other words, let's bankrupt coal which provides electricity. >> do you get that guy's point that, because apparently secretary chu spoke about the advances in electric batteries

in his statement which is what he was responding to. you can't tell my guy he's got to drive a nissan leaf to work and beg his employer to let him plug it in when he gets there. that's not the solution. >> i think what the secretary is dealing with is someone who doesn't really understand what the fuel efficiency standards are about in this country. and, yes, once you have a car that's a plug-in car, it runs on gas if it's not charged. it's not something you have to plug in when you get to work, so i think this was a little bit of political theater going on here. the bigger issue is we have have had drilling increase under the obama -- [inaudible conversations] megyn: wait a minute. >> everyone else had their time. megyn: they're fired up about that point. >> exactly. we had one of the largest oil spills in this country, people died, and livelihoods were impacted. so, yeah, there was a pause in some of the drilling, and rightfully so. shell recently admitted to 207 major oil spills around the world. that impacts people's lives, especially --

[inaudible conversations] >> you can't have it both ways. we're either drilling more oil, or we're not. you said there was a pause -- >> there was a pause. but overall we're still up. >> that is because of permits granted within the last administration. listen, i think secretary chu should not be allowed to use any fossil fuels if this is really how he feels. megyn: doesn't he ride his bike everywhere? [inaudible conversations] >> petroleum products -- megyn: but that's a beautiful car. >> it is a beautiful car. megyn: melissa, i was giving you the last cord word. >> i think he should give up fossil fuels. he gives himself an a, and he thinks we should all be using renewable energy, he should not be allowed to use fossil fuel or plastic or crayons -- megyn: no crayons! how's he going to write his memos to the white house? >> it takes five years for a rig to come online, president obama's been in office three years. this is not, this is a false claim by president obama. >> it is not a false claim. oil production's up. you can't deny that.

megyn: okay. >> if it's up, it's up. megyn: i mean, like, i wonder if your boss would bill you the energy, you have to pay part of the electric bill. >> yeah, it's coal-fired, tara. megyn: oh, here it goes. >> there it goes. megyn: thank you all so much. taking your thoughts, follow me on twitter,@megyn kelly. well, a day at a carnival goes very, very wrong when a 3-year-old girl is thrown from a ride. we have the video and the photo. she's, apparently, okay. we're told she met the height requirements, so she got on the ride without her mother. how did that happen? watch this. oh. look, look at that. is the amusement park to blame? kelly's court with more on this right after the break. >> if they're 42 inches tall and they're 3, then i would get on with them. she's 8, and i'm getting on with her.

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megyn: kelly's court is back in

session. on the docket today a3-year-old girl flung from a carnival ride even though she met the height requirements. this is horrifying, but we are told she's okay. it happened in houston, texas. this is the ride in question, the tech know jump. it has a belt that goes across your lap and a restraining bar. no one is allowed unless they meet the height and weight requirements. the little girl, who was tall for her age, we're told did meet the requirements, but that did not stop her from falling off the ride. it was caught on tape. you can see her highlighted on your screen, watch this, dangling from the ride. hold on. look at this. watch. look at her, look at her! unbelievable. we're told he fell about 8 feet to the ground, she was taken to the hospital, and we are told that she suffered contusions, a contusion on the side of her head, but a cat scan shows no serious injuries. thank god for that. now, her mother declined to get

on the ride with her. she was with her 8-year-old brother, and now carnival officials say it's not their fault, but they will enforce a new policy nowment -- now. >> ride operators are not going to let a child that's under 48 inches of height ride on a ride if companion's not an adult. the thing i want to emphasize to parents, be responsible when you come out here. megyn: now there are reports that the girl's parents have hired a lawyer, but do they have a case? joining me now, fox news legal analyst lis wiehl and former prosecutor and co-host of "the five," kimberly guilfoyle. this is horrifying. we're all mothers, can we just agree none of us would allow our 3-year-old to go on the ride alone? >> agree. >> correct. megyn: i wouldn't let my 3-year-old go on the merry go round sitting on the hour si, never mind on this. but this mother made a different choice. and the question is whether

she's got a case since this ride was in compliance with the carnival's policy. >> that's right. as horrible as this is and as these stories happen so often, you know, really all the time, megyn, and a perfect example for more regulation being needed, the fact is they did meet the regulation, they did meet the height and weight requirements, the insurance requirements, the license requirements. they had just been inspected, megyn, the day before and passed inspection. so under texas law they're not liable. megyn: it was, of course it passed inspection because the ride was functioning as it's meant to function. it was a case of a 3-year-old of this height and size never should have been on the ride, and certainly not without a parent next to her. >> there's not going to be a criminal case here and, yes, they did comply with the existing regulations, but guess what? they've already made a change, and that's a postremedial modification that can be used against them in a court of law. >> that's true.

>> there will be a civil case because what are you supposed to get, one free child, oh, my bad bump and we'll do better next time? megyn: they are so lucky that little girl is okay. >> yeah. this shows the ride is not safe and, in fact, the insurance company should be responsible. there's been a legal beep breach, there's a duty, and there's proximate mate cause in terms of direct damages measure. megyn: but how is the mother going to fair when she abandoned her own child and said go -- >> with a 3-year-old, exactly. what's going to happen if this ever gets inside of a jury, and it probably won't, it'll probably settle out of court, but if it did, the mother is going to be pitted against this company which met all the regulations, which did everything supposedly right. was within the law. didn't do any more than they could have, but was within the law. the texas regulations. then they're going to look at the mother and go, huh, just as the three of us said we would never have done that, we would never have let our 3-year-old child go onto this ride? megyn: so it's going to be a

comparative negligence kind of thing. you're going to have to have a guardian appointed for the kid, kimberly, because if i was representing the daughter as her guardian, i'd go after the mother and the ride. >> i hear what you're saying, but before we mom bash here, let's throttle back for a second because the mom did comply with the regulations. the regulations as they're presently stated don't say that an adult has to accompany. it says minute of that height. you understand? so the brother who was 8 years old was there. the mom didn't do anything wrong, but they're not going to be able to say the mom has child abuse or negligence. the problem is the ride wasn't safe. megyn: those are tough cases to bring in any event. so the policy allowed it, the law allowed it, can you still sue even though the law was ridiculous? >> of course you can sue, but the law is the law. and until those regulations are changed, that's the ultimate defense just to say we met the requirements. if you -- megyn: i love that -- >> change the regulations, fine, go ahead and do that. megyn: now they're going to

require the mother to go on the ride -- just change the height. 3 years old can't go on that ride. thank you both, panel. if you're afraid of heights, the next story may not be for you. stay tuned.

megyn: we brought this to you yesterday, and breaking news prevented us from airing it. a 10-year-old girl's moment on the slopes goes viral. watch as this fourth grader from utah makes her very first ski jump. scary. >> here goes something, i guess. you can do this. i'm gonna, i'm gonna jump. whoa, my ski's slipping off. >> just remember, no snowplow. keep it straight, you'll be fine. >> okay. straight. do you go faster on the end run?

>> little bit. >> a little bit? >> yeah. >> is it any steeper, do you think? not much? >> same steepness, it's just longer. >> just longer. just longer. it's just a bigger 20, that's all. >> yep. >> bigger 20. >> you got this. >> i got it. >> you're fine. you'll be fine. >> okay. here -- >> the longer you wait, it'll be more scary. >> -- i -- go. megyn: well, she does it. there she goes! all right, zia! her mother later posted the video to youtube. aww. [laughter] yea! >> yeah! megyn: so far it's been viewed by more than 1.1 million --

>> this is -- megyn: good for you, zia. rock on, sister. she thought she could, she thought she could, she was right. new concerns for air travelers -- not zia's kind -- why many of the people riding shotgun in the cockpit may not be up to speed. i've worked hard to build my family.

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