advanced research in a city where gas prices are up nearly 25 cents a gallon in just the past 48 hours. welcome to "america live", everyone, i'm megyn kelly. the president just departing oklahoma where he talked about the construction of a new oil pipeline running from oklahoma to texas. he is now enroute to ohio, a state that is crucial to his re-election. and it is also a state that has seen a huge spike in pump rices in just -- prices in just the past two days. in columbus gas prices have gone up 22 cents in the last 48 hours from 3.74 to 3.96. stu varney is the anchor of varney and company on the fox business network. stu, what a place and what timing for the president now. >> reporter: if you are on an energy tour, this is very bad timing, indeed, for the president. he's flying into, in fact, the epicenter of the gas price surge. as you just suggested there, the price in columbus where the president is flying into up 22

cents in 48 hours. you can just see people coming out of their houses in columbus this morning, driving past a gas station and seeing those guys with the long poles changing the numbers on the gas price sign as they drive past. and changing those numbers dramatically. so the timing is bad, and the politics are bad because as you said, megyn, ohio is a key state, and it's right in the middle of a gas price spike. megyn: all right. one of the things the president is touting on this energy tour is that he's pushing for expedited approval of the southern part of the keystone oil pipeline. that's raising a lot of eyebrows because, number one, they don't need his approval for this and, number two, what good is the pipeline that runs from canada if he won't allow it to can connect from canada? >> is the president taking credit for something where no credit is due to the federal government? this leg of the pipeline is being built under the authority of the army corps of engineers and state regulators in texas

and oklahoma. so no real credit is due to the president in that particular area. plus, there is no extra oil coming to america if we build that section of the pipeline. the extra oil would come from canada to the pipeline section which the president refuses to build. megyn: i mean, i don't really understand why we're getting excited about a pipeline, you know, keystone pipeline in the southern half of the united states when the whole issue is whether we should be getting this oil from canada. i was saying today is this like creating a no-fly zone around the north pole and then telling santa he can have carte blanche access to florida? >> it is possible that the president is trying to suggest he is switching his attention, he is doing something. maybe he is jumping on the pipeline bandwagon even though it's not his responsibility to build this particular leg. he may be trying to show that he looks like he is doing something because this gas price spike is putting enormous pressure, political pressure, on the president to do something. does he or does he not have a

silver bullet? is there an easy solution? megyn: yeah. >> answer, no, but if he looks like he's doing something with the pipeline, maybe he can aleeuate his political problem. megyn: 27 percent of the country that's paying more than $4 a gallon for gas, you've got to do something, and it's interesting you should mention the fact there's no silver bullet, stu, because that has been the president's line for weeks now. last week we put together a montage where he, i mean, time after time after time he said it. here's a sample. >> there is no such thing as a quick fix when it comes to high gas prices. there's no silver bullet. anybody who tells you otherwise isn't really looking for a solution, they're trying to ride the political wave of the moment. megyn: all right. so that was just a week or so ago. now we learn today from our white house team he is abandoning that language. we're not going to hear any more

about no silver bullet or no quick fix or at least silver bullet with he's abandoning because it's not working for him, stu. he's getting hammer inside the polls on gas prices in the approval ratings. >> yeah. and the price of gas just keeps going up, and the president doesn't appear to have an immediate answer. it doesn't appear that he can, indeed, wave a magic wand and do something in the immediate future, so maybe he jumps onto the pipeline issue as something that he is doing about this problem. but the pipeline is not the answer to the gas price problem because it does not introduce any new oil into america. it simply redistributes the oil that we've got. megyn: stu varney, thank you, sir. we're going to have more on this in our next hour, folks. but if you think the prices in ohio are high, look at this. as i mentioned, 87 million americans are now paying $4 a gallon or more. and about half the country is paying more than the national average of $3.88 a gallon.

if we were to keep up this pace, we would be at $4.50 a gallon in the next few months, so as the president takes new hits on his energy policy in his poll numbers, guess who he's now blaming for the failed loans to the now-bankrupt solar power company solyndra? republicans. republicans who all voted against the money that he had earmarked for solyndra, all of them in the house, every single one voted against it, and now he's blaming the republicans for the failure of that company and for the loan that was given to them. we'll take a closer look next hour at why. fox news alert now, the house just voting to repeal a key part of the president's health care law. the vote was 223-181 to get rid of this thing called the independent payment advisory board. it's a panel that was created to keep medicare costs from skyrocketing out of control. but republicans argue it is,

essentially, rationing care. that's what it's going to do. on the other side of the argument, the house minority leader, nancy pelosi, last night made headlines for using the founding fathers to justify the health care law. take a listen. >> what our founders put forth in our founding documents which is life, liberty and the pursuit of happiness. and that is exactly what the affordable care act helps to guarantee. megyn: miss pelosi says it gives people those rights. the entire health care debate started off with a warning, you may remember, from former lieutenant governor of new york betsy mccoy. do you remember this woman? she was very visible during the health care debate. she published a cautionary column three years ago that would be the first shot across the bow in what became a yearlong, nationwide war over health care reform be. what does she think now that we see the essence of the president's health care law

going up to the united states supreme court? this is it, folks. is this law constitutional or isn't it? betsy mccoy joins us live in minutes. well, we have some new details on a story that was breaking at this time yesterday. new york police revealing that iranians with ties to the government in tehran have been caught videotaping and snapping photos of new york city landmarks, so they're here, and they're being caught photographing landmarks in manhattan. now some top officials are warning of the potential targets. rick leventhal has more live in our new york city newsroom. >> reporter: megyn, no surprise the nypd says new york's jewish population is at risk from possible strikes from iranian sleeper cells if israel or the u.s. were to strike iran's nuclear facilities. the nypd says it has evidence of reconnaissance by iranian agents of potential targets suggesting hezbollah has planted roots here

in the city and is positioning to strike. in testimony yesterday before congress, the nypd's director of intelligence analysis cited several cases where security guards from the iranian mission and others with government or media ties were observed behaving suspiciously, taking photos, videos, that sort of thing. some were even expel prd the u.s. in one case police say several iranian men were seen filming the wall street heliport. in other cases iranians were taking pictures of subway and train tracks and the brooklyn and manhattan bridges. it might seem harmless, be harmless, but the nypd says there is reason for concern. >> in light of new york's symbolic importance as a terrorist target, its large jewish population, locations of israeli interests and status as one of the two outposts of iranian diplomatic presence in the u.s. via its united nations mission, the city remains the most likely venue for global tensions with iran to spill over

onto american soil. >> reporter: silver also testified about several overseas attacks in just the past six months on western or jewish targets by people with alleged ties to iran or hezbollah, a pattern that is forcing stepped-up targets here. megyn: we also have a new twist in the story about the marine who criticized president obama on facebook. he violated pebt gone policies that bar service members from political activities. trace gallagher has more live in our west coast newsroom. >> reporter: and sergeant gary stein first started his facebook page back in 2010 to criticize the president's health care overhaul, but he voluntarily took it down when the military told him he was violating a pentagon directive which reads, and i'm quoting.

>> reporter: stein says he did research, decides he was not violating the code, then restarted his facebook page. during an online debate about allowing u.s. troops to be tried for the quran burnings in afghanistan, sergeant stein said, and i'm quoting online: would not follow orders from the president if those orders included detaining u.s. citizens, disarming them or doing anything else that he believes would violate their constitutional rights. stein, who's been in the military now for eight years and hopes to sign on again, is now facing dismissal, and he would also be a reduction in rank, right? the sergeant says he plans to fight this, and he's not backing off his stance. in fact, early this morning he was back on facebook and issued this statement, again quoting:

>> reporter: and while the military is deciding his fate, he's been reassigned to a desk job. the desk, as you might imagine, does not have a computer at it. military decision could come within weeks. megyn: trace, thank you. well, before the health care overhaul was even a bill, she sounded one of the very first warnings and went on to become one of the most vilified figures in the country. in three minutes, the former new york lieutenant governor joins us live on what has happened with her since then as we await a decision now from the u.s. supreme court on whether this law is constitutional. plus, inside the mind of the israeli prime minister. new reports on what benjamin netanyahu really thinks about attacking iran and what it might do, this actually may surprise you. and eighth graders told to dig up dirt on the gop presidential candidates and come up with an attack strategy.

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on medicare and social security out from behind closed doors in washington. because you've earned a say. >> so then i went to the section of the bill that prescribes how this will be enforced. the secretary of health and human services is empowered to determine which medical providers, doctors and hospitals are, quote, meaningful users of this system and, therefore, in compliance. and the hhs secretary is also authorized to use increasingly stringent measures -- that's the language in the bill -- to enforce compliance.

it's this toughness and vagueness -- >> okay. all right, look, george washington said that government is brute force, um, and that's what it seems to me we have coming. megyn: well, that was from february of 2009. former lieutenant governor of new york betsy mccoy went on the glenn beck show to warn about some health care provisions in the stimulus bill. months later she went through the massive first draft of what would become the health care overhaul law and sent an even louder message warning about what it meant for every american. before long she was coming under serious attack. >> the elephant in the room here -- >> good luck, buddy. >> -- is that all these bills are devastating care for seniors, and the baucus bill is the -- >> look, you want to scare -- [inaudible conversations] you want to scare seniors to death, that's your business. >> cost and quality guidelines that will tie the hands of doctors. >> understood. i'm going to make the point to the audience that you did not acknowledge or deliver -- >> you not a -- you're not a

very fair moderator. >> well, takes one to know one. >> she is the tie marked for identification marry -- typhoid mary, she is the angel of deathers. megyn: joining me now, former lieutenant governor betsy mccoy. she was former lieutenant governor of new york and author of "the obama health law and what it says and how to overturn it." lieutenant governor, thank you very much for being here, we appreciate it. i remember being on "america's newsroom" with bill hemmer when we had you on, and you were sounding some of these alarm bells well before the town halls, well before the american public got tuned into what was in the then-bill and started raising concerns about it. some of the concerns you raised were debunked, others have been proven true. where do you think we stand now as we await a supreme court hearing on the constitutionality of the heart of this law, the individual mandate? >> well, we are heading toward a constitutional showdown next week in the united states supreme court, and this is probably the most important

case, certainly one of the most important cases of our lifetimes. because it will determine the relationship between government and the individual. first of all, if government can force all of us to purchase health insurance, government could force us to purchase cars to prop up detroit or stocks and bonds to prop up wall street. there's no limiting principle, no way to stop the federal government from forcing us to do things or buy things to solve many other social problems. and secondly, this big law says much more than just -- does much more than just force you to buy an insurance policy. for the first time in history, it empowers the federal government to dictate how doctors treat privately-insured patients, people who pay for their plan themselves. the law specifically says insurers can pay only the doctors who obey whatever regulations the federal government imposes in the name of quality.

and that could, that could coffer whether your cardiologist chooses to recommend a stent versus a bypass -- megyn: let me jump in because you warned back in july, this is july 24, 2009, in "the new york post", and you wrote a piece called "deadly doctors," and you wrote as follows: the health bills coming out of congress would put the decisions about your care in the hands of presidential appointees, and you went on in this piece to say no one is leveling with the public about the dangerous views of the folks who are behind this law. do you still feel that that's the case, do you feel that's how things wound up under the health care law? >> absolutely. here is the final product. in section 1311 of this law specifically states that doctors must obey the regulations, and there's no limit on what they are, imposed by the federal government. the secretary of health and human services. i outlined some of the decisions that could be made by the secretary. basically, your doctor's decisions will be monitored for compliance with federal guidelines, and your doctor may

have to choose between doing what's right for you and staying in the government's good grace. megyn: how do you see the stakes as we go into next week? i mean, this is it. all along we've been saying the supreme court's going to take it up eventually, all these differing lower court decisions. now the supreme court taking a look at the individual mandate. how do you see the stakes of this decision and this argument? >> well, i'm reasonably confident in a victory not because as so many are i've been parsing the justices' previous decisions -- although that's always interesting -- but because the stakes are so high, because liberty here is at stake. it goes way beyond health care. i want to make sure that everyone in the nation has good health care and access to health care, but there are ways to do it without lowering the standard of care and putting government in charge of everyone's care and taking away something as precious as life itself, our liberty. megyn: you were one of the most vocal opponents of this law and,

you know, were not shy ant expressing -- about expressing your opinion. how do you think, i want to ask you before you go because you started a lot of people's attention on this. how do you think the war was lost? how do you think it got to the point where this law was passed over the objection of so many americans? >> that's right. but it hasn't been lost. first of all, public opinion is as against this law as the day it was signed into law. so of course the stakes are very high as the supreme court hears oral arguments next week and renders a decision likely in june. but the american public has a second chance to get rid of this law, and that is in november. so if the court doesn't strike it down, i'm reasonably confident that the electorate will. megyn: okay. i'll leave it at that. ma'am, thank you so much for coming back on. we appreciate it. all the best. well, there is growing controversy today after a teacher gives his students a class project. do opposition research on the gop presidential candidates. they were then told to dig up as much dirt as they could, and it

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megyn: growing outrage today over a politics assignment at a virginia middle school. parents say an eighth grade teacher made his students conduct opposition research on the four republican presidential candidates. the students needed to look into their backgrounds and positions to find weaknesses, and then they were told to send their findings to the obama campaign. you can't make this stuff up, trace gallagher. [laughter] >> reporter: this is an eighth grade middle school in fairfax, virginia, and not only, megyn, were they told to find the weaknds of the four gop

candidates, they were also told to take the weaknesses and come up with a strategy to exploit those weaknesses and then, of course, they would forward all those suggestions to the obama campaign. come back on camera. then the teacher broke the class into groups, right? and he said that two students would write the paper identifying the weakness, two students would then come up with the attack strategy, and two students would be in charge of locating someone inside the obama campaign. parents got wind of this, they were a little bit upset. in fact, one parent said, and i'm quoting here: this assignment was just creepy beyond belief, like something out of east germany during the cold war. well, as you might imagine, the teacher didn't comment, the principal didn't comment, but a district spokesperson did, in fact, comment saying this was all about trying to learn the process, had nothing to do with endorsing a candidate. went on to say no one was instructed to send their research to the obama re-election campaign. instead, the teacher simply asked his students to find out

the name of the office that would receive such information, so they really weren't affecting the outcome of the campaign, megyn, i mean, come on, it's not like they had any impact. megyn: you know, i was expecting the statement to be they started by researching the gop candidates, and the class next week was going to research the obama campaign, and it was going to be fair and balanced, they were going to do both. but they didn't actually have to send it in, they just had to find out who to send it to, and what that teacher does with the information in his spare time, that's none of our business. >> reporter: right. this had nothing to do with this. this is against school policy. the principal gently reminded the instructor that maybe next time he allows the students to maybe choose from the party they want to choose to research. megyn: interesting. what a crazy thought. >> reporter: yeah. what an idea. liberty middle school, by the way. megyn: just when you think, you know, it can't get anymore, you know, one-sided in our education system.

trace, thank you. >> reporter: okay. megyn: what would you do? what would you do? just sort of an assumption that everyone's children belong to a family of democrats who would like to see the president reelected and these four gop candidates have their weaknesses exploited. follow me on twitter and met me know, what would you do? @megyn kelly. new reports suggest that israel's prime minister thinks if israel successfully attacks iran, the iranian people would rise up and overthrow the regime. so we're talking if israel does targeted military strikes on certain nuclear facilities, that there is a belief that that would lead to regime change in iran. that would be a whole other ball game, one that would effect us very directly. we will speak about it with general jack keane as well as the former chief of staff to benjamin netanyahu, they join us live. and driving without a license means trouble if you're caught unless you're an illegal immigrant and you live in l.a.

lapd calls it compassionate. a live report on the growing controversy in california. and mitt romney taking a new line on the economy, calling out president obama for comments he has made repeatedly about saving america from another great depression. who mr. romney says really prevented that plunge. >> we have pulled the economy back from the brink. we got good news last week showing that for the first time in over a year the economy was actually growing once again.

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megyn: welcome back, folks. 1:33 here in the east, and we are tracking a few developing stories right now including mortgage rates making a big jump today. the 30-year fixed rate mortgage rising above 4%, that is the first time it's done that in nearly four months. and two of the biggest supermarket operators in the u.s. are saying no to so-called pink slime. safeway and supervalu announcing they will stop buying products that contain the beef filler after receiving customer complaints. and breaking just moments ago, police just confirmed that they have found the body of sherry arnold buried in the north dakota. the montana math teacher disappeared in january during a morning run. two men are already charged with kidnapping arnold and are in jail awaiting trial. well, president obama has

said that he is responsible for keeping our country from plunging into another great depression. republican presidential candidate mitt romney, however, now challenging that account saying that the people who really safed us from going over the cliff are some of the very men president obama likes to blame for our economic woes. listen here. >> there was a fear that the whole economic system of america would collapse, that all of our banks or virtually all would go out of business. in that circumstance president bush and hank paulson said we've got to do something to show we're not going to let the whole system go out of business. i think they were right. i know some people disagree. i keep hearing the president say that he's responsible for keeping america from going into a graduation depression. no, no, no, that was president bush and hank paulson that stepped in and kept that from happening. [applause] megyn: so could we be seeing a new line of attack that he plans to use if he becomes the nominee? joining me now, kirsten powers, a columnist at the daily beast and a fox news contributor, and

mark marc thiessen, a former speech writer for president george w. bush. this is interesting to me, this is new, and we don't hear much new these days, so he appears to be gearing something up. marc, i'll start with you on this. is that true, what he's saying, that president obama's wrongfully taking credit for keeping us out of a great depression? >> it is absolutely true. i mean, president obama cannot take credit for stopping the financial crisis because the financial crisis was effectively over when he took office. the reality that there's something called the ted spread which is a measure that economists use to measure how much banks are charging each other for lending above the cost of treasuries. and the ted spread was the metric that the economists used to measure the financial crisis and the near collapse of the financial sector. it was way out of whack in october 2008. by the time president obama took office in january 2009, the ted spread was basically back to normal, below one. and so the reality is president obama cannot take credit for stopping another great recession because the risk of a great

recession was over in if january 20th, 2009, when he took office. what he was responsible for -- megyn: can president obama make that case, you know, the opposite case, you know, i should say, than what marc just made, that the economy was still in a free florida a&m and somehow it was what he did from the stimulus to cash for clunkers and on that helped it? >> well, i think both men get respondent for it, and obama's not giving george bush responsibility, but i don't think that's, frankly, that surprising. [laughter] but, definitely, george bush should get responsibility, have some responsibility for that. however -- megyn: for t.a.r.p., for the bailout of the banks. >> are yes, absolutely. what you need to remember is who opposed that. and when romney says some people don't like t.a.r.p., well, those some people are in the republican base. so it'll be interesting to see how this plays out because it's not something that was particularly popular with conservatives. they didn't like it, and he is tacitly acknowledging the

government intervention, you know, can help the economy which is something that republicans have been arguing all along is not necessary that you need to have the free market and let the free market take its course and not have government intervention. megyn: he's, he has to do this, marc, because he's said openly that he supported t.a.r.p., the bailout of wall street, however you want to phrase it. he's on record as saying that, now he's making a different case which is i supported it, and it was an accomplishment on president bush's watch, not on president obama's watch, and don't believe president obama when he says it's the policies he -- barack obama -- backed that got us out of this mess. it was t.a.r.p., it was george bush and hank paulson. >> yeah. look, i mean, he said he would do things differently, he would have rejected the auto bailout that the bush administration did, he probably would have structured t.a.r.p. differently, but this is reality. we're conflating two different things. the financial crisis which could have led us into a great depression which was over by the time barack obama took the oath

of office and the economic recovery which obama was responsible for, what he inherited was a weak economy that was recovering from, that needed to recover from the financial crisis, and he made that recovery longer, slower and more painful than it had to be. the stimulus, which kirsten mentioned, $1 trillion, was an abject failure. obama said that it would stop unemployment from getting to 8%. we've had +8% unemployment for 6 weeks which is the longest -- 36 weeks, and most economists will tell you that the debt we racked up at record levels under the obama administration has actually slowed economic growth of we had the lowest rate of gdp growth, lowest rate of income growth, the housing market is still in trouble, and all of this has happened on obama's watch, so he inherited a, an end of the financial crisis, and his responsibility was to bring it back from that, and he has failed at that. megyn: kirsten, that's e interesting. investors business daily said economists were never predicting

a depression, and the president didn't stave one off either. they said t.a.r.p. did and the stimulus had very little to do with it. >> well, but i think, first of all, you never know what is going to happen in the future, so i think there was a fear, definitely, that we could be spiraling into something really terrible, you know, another like great depression. certainly, we've had a very bad recession, and i have to say no matter how many times republicans say the stimulus didn't work, it's not true. and every economist pretty much says that, including mark zandi who was john mccain's economist has said that we would have a much higher rate of unemployment had it not been for the stimulus. they make a strategic mistake in saying unemployment would, you know, wouldn't go above a certain level. yes, that was a mistake. that doesn't make the stimulus not success. the economy is turning around, most americans believe the economy's turning around, most economists, most business people believe the economy's turning

around. so i think that obama can take responsibility for that, and he is, and he rightfully should. megyn: marc, this seems to be how it's going to go if romney becomes the nominee. he's going to say the president gets no credit for t.a.r.p. because he didn't do it, and with respect to the stimulus, he gets no credit because it didn't get us out of this jam. kirsten cites facts president obama will surely use, the investors business daily argue says the recession ended in 2009, and just 15% of the stimulus money had gone out of the door at that point. the gdp had stopped freefalling long before the stimulus even kicked in the. >> yeah. as obama said, the shovel-ready projects weren't so shovel ready. there's a stanford study that says most consumers put the money towards savings, and the states used it to put off to borrow less. it didn't put money out the door to get consumers and businesses spending again, it just didn't work.

and then what did he do? he spent the next two-and-a-half years working on obamacare which, by the way, the cbo says will cost jobs. it should have been his primary focus from the beginning. megyn: cbo. [inaudible conversations] go ahead, kirsten, quick final word. >> i'm just curious, do you know that the economy is turning around? are you aware of that? because you just keep going back into the past and bringing up things that happened years ago but can't acknowledge that the economy is objectively turning around. this is not a matter of opinion -- >> romney acknowledges the -- >> and i just want to say that's not true what you said about the states. the states used the money to stave off having to fire people, actually, so people actually kept their jobs because of the stimulus. megyn: okay. i gave marc the first word, i'm giving kirsten the last. i've got to go. you guys, great job. well, it started as a run of the mill town hall meeting, but what happened next reshaped our

politics. >> this is about the systematic dismantling of this country. i'm only 35 years old, i have never been interested in politics. [applause] you have awakened a sleeping giant. megyn: the woman you just saw joins us live next hour on the health care law that's now headed to the u.s. supreme court, and what all of this means for the 2012 presidential race. plus, horrifying video of an out of control army helicopter. trace brings us the amazing account of how those onboard managed to survive this. >> holy [bleep] sky hook !

guys, check it out. household bleach. no. nah, it looks good ! i know, right ! i'll tell you what saves gas money. my kids hitchhiking to school. ( guys ) great call, oh yeah. no, no, no, no, no. don't lift with your knees, lift with your back. feel the difference ? yeah ! you know where surgery is dirt cheap ? so verizon 4g lte is like, 6 times bigger, but i'm going at&t ! there are good ideas, and bad. with over 6 times the 4g lte coverage, verizon is the good idea. megyn: well, as we inch closer now to april, the window is said to be closing on a possible attack against iran's nuclear facilities. this is a new report suggesting israel's prime minister believes that if the jewish state successfully attacks iran, it would not only wipe out part of tehran's nuclear capacity, it

could inspire the iranian people to rise up and overthrow the regime. joining me now, fox news military analyst, retired four-star general jack keane, and he's former vice chief of staff to the army, and former chief of staff to benjamin netanyahu, a major in israel's special forces reserves. gentlemen, thank you so much for being here: this is fascinating because that takes it to a whole new level. americans really care about who's running that country and whether we might get rid of him, the possibility of regime change. let me start with you on it, neff tally. the reports are that this is netanyahu's thinking, you bomb the recream and somehow you get the support of the iranian people to get rid of am ahmadinejad. >> well, megyn, israel's sole goal is to prevent iran from going nuclear. our objective is not to effect regime change though it might happen, but that certainly is

not our major objective. keep in mind that just over the past couple of months iran has tripled the pace of its uranium enrichment as the u.n. chief inspector has reported. they've recently installed 2,600 new centrifuges underground. these guys are nearing and racing towards acquiring the weapon. that's what we want to stop. if there's a regime change as a result, that's a bonus. one last point i'd say is that if they do achieve a bomb, besides creating a nuclear nightmare in the middle east, it would also be a sort of insurance policy against a regime change. i mean, consider if assad now had two or three nuclear bombs, he'd be insured against falling because no one would take the risk -- megyn: in syria, right. what is this lunatic going to do if he's facing a possible overthrow by his people. general jack keen, thank you as well for being here. i want to get your thoughts on it. if that is a possibility, would we be strategizing on it, and is

it another reason for us to possibly support this? >> well, first of all, regime change certainly internally, that is, is the most desirable outcome here because it stops the nuclear program. all other activities, either a strike by israel, a strike by the u.s. or a combination of both delays the program. but i don't think anybody can speculate honestly about potential regime change as a result of an israeli strike or an american strike. i don't think it's knowable. frankly, i don't believe the resistance leaders themselves would have that answer, whether they can garner the kind of support they would like to have and also what the iranian state's response to that would be. they would pull out all the stops as they did in july 2009. so i don't think we have an answer. megyn: there's a piece by jeffrey goldberg with the atlantic out now talking about how this could be a moment like we saw for israel years ago with respect to uganda's action and idi amin, and i want to talk to

you about this because they talked about benjamin netanyahu's brother who was killed. they went in, it was a hostage situation, and the israeli soldiers -- here he is -- went in and rescued 102 host annals, only three hostages died, and it was a turning point in the ugandan struggle against their leader, idi amin. it proved once they got the hostages back that he was vulnerable, he wasn't infallible, and his government fell two-and-a-half years later. could this be a situation like that? it proves to the iranians ahmadinejad is vulnerable. >> well, obviously, it's important to emphasize iran is vulnerable and much more vulnerable than one would expect. but just like in that raid, the goal obviously was not to -- megyn: you know what? that just happens too often. we apologize for the loss of the satellite. general keane, do you know of

this raid where netanyahu's brother went in, and it had such an international fallout proving that, you know, to the people of uganda or to in this case to the people of iran change possible? >> no doubt about it. and i think what the iranian people did in july of 2009 with almost two million people on the streets demonstrating against the repress i regime which they knew would kill some of them for doing it, there's no doubt about the fact that iranian people want change x they have the courage to back it up. and let's make some assumptions here. the israelis and the united states assume they are conducting covert operations inside iran certainly to support the iranian resistance movement plus some ore things that -- other things that we cannot speculate on it's. megyn: yeah. and we had an opportunity to support the pro-democracy movement in iran. it went unheard. this time around we'll see. general, thank you. well, the white house

yesterday was asked why the administration isn't doing more to mark the anniversary of the health care law tomorrow. they called that a knuckleheaded question. in five minutes, we'll put that claim against railroad of the last 12 months. probiotic cap a y helps defend against digestive issues with three strains of good bacteria. hit me! [ female announcer ] live the regular life. phillips'. the amazing alternative to] raisins and cranberrieslife. with more fiber, less sugar, and a way better glycemic index. he's clearly enjoying one of the planet's most amazing superfruits. hey, keep it down mate, you'll wake the kids. plum amazins. new, from sunsweet. for a hot dog cart. my mother said, "well, maybe we ought to buy this hot dog cart and set it up someplace." so my parents went to bank of america. they met with the branch manager and they said, "look, we've got this little hot dog cart, and it's on a really good corner. let's see if we can buy the property." and the branch manager said, "all right,

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megyn: we have some new information now on the video that has surfaced showing a u.s. military helicopter crash a few weeks ago. watch as the chopper slams into the snow-covered ground in afghanistan nearly hitting a crowd of people. look at this. everyone managed to survive. trace gallagher has more now. trace? >> reporter: and the military has now confirmed to us, megyn, that video is authentic. as you just saw there, it is also amazing. the crash happened in the frozen province of afghanistan back in february, and you've got to take a look at this because by all accounts it shows the pilot was

kind of doing some maneuvers, dangerous maneuvers. he almost hit that building. you can listen to the person who's narrating this, they've bleeped it out because, clearly, they're freaking out. the pilot turns back around, he comes back toward the snow, tries to pull up and, bam, you can see hits his belly. you saw there, there was a number of people that were right in the way of the helicopter as well. then it goes up over it, and it flips over not once, twice, but three times by our count, and the snow clearly absorbed a lot of the shock of this because the pilot -- look at the people right there. do you see them? as they come by the barrels? the pilots, the co-pilot both walked away from this, and nobody on the ground was injured at all. again, this happened in afghanistan back in -- >> look, one, two, three, boom, landing -- four times afro tating. megyn: oh, right there. sorry, trace, i'm trying to see the people. i'm kind of far away, looks like barrels, but those are people by

the barrels. >> reporter: yeah. those are people. he goes up and over, and he almost -- you couldn't see it, but he almost hit that. see the people? megyn: yeah, i do, wow. >> reporter: kind of scrambling out of the way? megyn: wow, it's amazing everyone's all right. >> reporter: see? look at them looking around like, whoa. megyn: wow. >> reporter: the pilot did an amazing job trying to guide that thing and then flipping over -- megyn: and as you say -- >> reporter: just kind of split the middle. megyn: all right, trace, thank you. >> reporter: okay. megyn: as the president takes new hits on his energy policy and poll numbers, guess who he's now blaming to the failed loans to the now-bankrupt solar power company solyndra? republicans. we'll take a closer look next hour. and on august 11, 2009, arlen specter held what he thought would be a run of the mill town hall meeting. what happened next helped change the health care debate and, perhaps, american politics. some of the folks who were there join us live next hour as the

health care law heads to the u.s. supreme court. >> wait a minute, he has a right to leave. he's right. he has -- [inaudible conversations] >> wait a minute. wait a minute. wait a minute! @=h [ male announcer ] if you are treating your rheumatoid arthritis,

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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. just 24 hours from the anniversary of the healthcare law, which is suppose to be the president's signature achievement. some tense responses from the white house to questions about the healthcare law. when asked why the president wasn't doing anything to mark the occasion white house press secretary said quote i don't expect a celebration. the laymen -- despite that

pride, tomorrow you will not see the president before the cameras or the vice president or even the president's health and human services secretary. instead you will see someone named cecelia munoz. who will field questions about the law on twitter. you won't even see her. chris stirewalt is our guest. you get cecelia to go on twitter late friday afternoon when you are the white house. >> twitter is a big deal. you are on twitter. the white house is obviously knows it 7 the president's most significant accomplishment but probably also his greatist political liability. it's social got done that no democrat has been able to get done for 60 years.

the president was able to do that pap that's something liberals wanted for a long time and he did that. if you remember think about the stark difference here, the day that they signed that into slaw two years ago it was an unprecedented signing ceremony in the white house, in the east room of the white house, cheering, chanting, yes, we can. it was like a partisan. he rally. now two years later it's twitter with cecelia. it tells you how they miscalculated. chris can't talk now. according to joe biden when this thing was passed this was a big [bleeping] deal. two years later cecelia is going to handle it on twitter. the president knows this is a political liability to some extent. what does he do about it. there happens to be a supreme court battle going up, that's late march into april.

then we'll get a decision on the thing in june which would be still in the news cycle around july. is that enough time from november that this will be in the veer view? >> if the supreme court uphold the land it it continues to be unpopular one would think the arguments would tend to make it more unpopular. if it is affirmed and goes forward it will stand out as this giant liability for the president that he's going to have to deal with. i think between now and the time that verdict is rendered the idea is keep the left happy, remind them in a hushed voice that it was done. but with the larger electorate try to steer air as much as possible. >> in the 2010 mid-terms you had 27 house members who voted for the healthcare law and were defeated.

52% to 41%. now to the new controversy over the president's energy policy. mr. obama repeatedly said in recent days that we only have 2% of the world's proven oil reserves. others say that's completely wrong. chief national correspondents jim angle in washington has been looking into this for us. did the president misstate the facts? >> reporter: not exactly. in almost every speech president obama makes almost exactly the same statement. >> we have 2% of the world's oil reserves. we use 20%. >> it's accurate but extremely misleading. what he's talking about is the oil we already have found. >> reporter: misleading because the president is pointing to proven reserves. but the u.s. is sitting on vast

reserves of untapped energy that are far greater. one agency says there is 10 times more. another agency, the department of energy says there is 20 times that much, 400 billion barrels more. some in the industry say there is 60 times that amount meaning, 1.4 trillion in untapped resources. energy the government knows is there but which has not yet been drilled for. industry experts argue it's there for the taking. >> the trillion-plus barrels of oil in this country, more than saudi arabia is not counted by the president and i think that misleading to the american people. >> 200 years of the oil we use today without any imports. we use 7 birl barrels a year in the united states. if you add canada and mexico the numbers go off the charts.

>> i don't think it's a good decision for this country or the globe to push for maximum drilling. the atmosphere when you talk about global warming pollution, the atmosphere can't hold that much carbon dioxide anymore. >> reporter: the president uses the proven number of reserves to say it will never be enough to meet our needs and he says we won't be able to drill our way out of the problem of high gas prices. but people in the industry say the president is trying to argue we don't have adequate resources which they say is not true. they point out proven reserves of 20 billion barrels in 1944. since then we produced 170 billion barrels and proven reserves are still just over 20 billion, suggesting we always underestimate what we have. megyn: we are getting new information on the terror suspect that was killed earlier

in france. this guy was reportedly on the u.s. no-ply list as a suspected terrorist. he was shot in the head by police after a standoff. it jumped out a window after a firefight with the officers. he is accused of killing a rabbi and three children this week and killing three soldiers last week. al qaeda in yemen claiming responsibility for killing an american teacher gunned down over the weekend. he was living in yemen while he worked as an english teacher at a language institute. al qaeda and yemen posting that they killed him because he was proselytizing in the mainly arab nation.

he leaves behind a wife and two sons. we are learning more about the shooting of an unarmed black teenager by a night watchman in florida. trayvon martin was killed by george zimmerman. zimmerman said he shot the boy in self-defense. he has not been arrested. but now after a national outcry he is being investigated by a grand jury. at the center of this is florida's stand your ground law. >> reporter: there are 21 states that either have the stand your ground law or the castle lay. it deals with bing side your home when an intruder comes in, a stand your ground law can be anywhere. all different states have different forms of the law but all of them allow deadly force to be used if you perceive there is a deadly and imminent deadly

threat. at the time of the shooting his officers couldn't arrest anybody because he says and i'm quoting here, by florida statute law enforcement was prohibited from making an arrest based on the facts and circumstances they had at the time. remember george zimmerman claims after giving up the chase on trayvon martin he was attacked by the 17-year-old. many states will make it arrest and let the courts work out whether deadly force was used. but florida police officers have wide latitude to decide on the spot if they believe the self-defense claim. some legal experts say that is a risky approach. >> you are taking it out of that realm by allowing police officers on the scene making these decisions. it's really deviating from our system of justice which has judges and juries deciding guilt

or innocence, not cops on the street. >> reporter: but the police chief says this may work out in the long run because instead of a police officer arresting someone and having a possibility of a judging to it out, now it's up to prosecutors to decide if they will prosecute this crime. we should know five other states are considering adopting stand your ground laws. megyn: with gas prices rising the president is blaming republicans for the loan to solyndra. how can this be if every republican voted against it. it's illegal to drive without a license unless you are an illegal immigrants in los angeles. critics say this puts lives in danger. as the healthcare law heads up to the u.s. supreme court. we are going back two years to

the town hall that changed the debate and perhaps american politics in a way that is still being felt by many today. we'll speak with some of the folks at dawn of a new political movement when it comes to political activism. things getting physical at the arlen specter town hall. let's take a listen. >> i called your office and i was told you could speak. then i was lied to because i came prepared to speak and instead you wouldn't let anybody speak. i'm a lobster girl.

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and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers. this is your moment. let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. megyn: as the president crisscrosses the country on his energy tour. we are getting news with remarks he made about who is to blame

for the failed taxpayer funded loan to solyndra. the now bankrupt solar company. republicans in part, according to the president. take a listen to what he said. he says congress, democrats and republicans put together this loan guarantee program and then he went on to say this. while speaking to npr. >> obviously we wish solyndra hadn't gone bankrupt. part of the reason they did is because the chinese were subsidizing their solar industry and flooding the market in a way solyndra couldn't compete. but understand this is not our program per se. megyn: the president suggesting solyndra was not just his administration's mess, but a a bipartisan mess. so this is interesting to me.

already -- already the republicans have picked up on what appears to be a shift in the president's message on solyndra. before i get you to react -- is it the rnc that put out this ad. look what the rnc has done. >> we can see positive impacts here at solyndra. >> through the recovery act this company received a loan for expanded operations. this new factory is a result of those loans. >> we wish solyndra hadn't done bankrupt, but understand this was not our program per se. >> we can seat positive impacts here at solyndra. >> this was not our program per se. megyn: who? solyndra? >> do republicans with a problem with calendars? the solyndra loans started in 2007 and barack obama just

announced he was running for president. is it his fault that he touted it and he's getting so much blame for it? of course it was the recovery act that funded the loans that were done. megyn: i think the facts came out the bush administration put a red flag on to it slow it down and it was president obama who pushed it through the loan guarantee. >> the bush administration were trying to conditionally approve it to appease their donors and republican supporters. >> wow, so many ways to go. i have got to tell you. the blunder bust approach. we like science so much that we recognize while we would like to go to work in the george jettison spaceship, they are not ready for prime time and neither was solyndra. blame the bush administration.

are you ever going to stop acting like-year-olds? it was barack obama who gave it to his bundlers and $500 million went to them. maybe a little market research beforehand so you can discover, maybe you should have known ahead of time that the chinese were going to produce these things more cheaply and they didn't stand a snowball's chance. megyn: i want to take it back to what the president said. he said is a quoted. he says congress, democrats and republicans put together this loan guarantee program. the program was part of the stimulus bill it had a loan of $527 billion to solyndra. that stimulus bill got exactly zero votes from the republicans in the house. not one republican signed on to it. in the senate three republican votes. olympia snow, susan collins and

arlen specter who changed party affiliation to the democrats. >> shame on the republicans for not having faith in america and supporting the stimulus act. let's separate the funding of the bill and the creation of the program which happened in 2007 when congress actually still worked in a bipartisan way, democrats and republicans got things done. this program was created in 2007. it was funded in the stimulus act and the money with us pushed forward in if an expedited manner because we wanted to get jobs moving. the stimulus act did create jobs in this country and has brought us out of a depression. megyn: do the republicans bear responsibility for that loan? >> obviously not.

any rational adult person who isn't all about shifting blame -- and this -- this president is the blame shiftingest guy i have ever seen. you know perfectly well, you are trying to muddy the waters because this goes to barack obama as does this broader entirely failed energy policy. he's down in oklahoma today trying to take credit for the last piece of hose that's supposed to go to canada eventually in the spigot up there from oklahoma? megyn: he asked for the approval of solyndra -- of keystone south to be expedited. does he get credit for that? >> he was for the entire pipeline until the nebraska governor asked him to redirect the route away from the drinking

water supply. if the republicans has it done not would be getting done. but they stopped it. >> i can't let that stand. you know perfectly well that president obama picked up the phone and called members of congress in the senate to kill the latest go-round on the vote on the keystone pipeline. you know that perfectly well. the fact that you are trying to divert from that really is a little beyond the ken here. you know barack obama lobbied to have it defeated. >> it would protect drinking water that supplies water for 2 million people. and the heartland where most of our food comes from. megyn: thank you both so much. >> we try every day. megyn: for most americans, driving without a license is break the law, but not in you

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megyn: drive without a license, expect big trouble unless you are living in l.a. illegally. the lapd decided to stop impounding cars driven by illegals without a license. they call it an act of humanity and compassion. >> reporter: they have over 3 million illegal immigrants. that explains why they are refusing to impound the car. critics say not to is unsafe.

>> it doesn't matter to me who killed my son, what their nationality was, it was the fact that if the law had been followed he would be alive today. >> reporter: john rosenberg lost his son to an unlicenses driver who repeatedly ran over him trying to flee. >> it's 100% political. >> reporter: over the objection of the police union and the district northern l.a.p.d. will allow drivers with no license to keep their car. >> we take the car away, what have we accomplished? >> reporter: supporters of the decision say current law is unfair because illegal immigrants can't get a license.

>> basically we are just creating more punitive problems for them. >> by not impounding unlicensed the driver's cars you endanger the citizens of this state. >> reporter: opponents say unlicense drivers are more likely to drive drunking with cause fatal accidents and leave the scene. >> it's more important that people in the country illegally get to drive than it is people who are here get to live. >> reporter: the cost of getting your car out of the 30-day impound is $1,200. the mayor says it's like confiscating the livelihood of people trying to feed their families. taxpayers could be on the hook for the liability when accidents occur when cops do not enforce the existing law. megyn: new testimony from the florida multi millionaire on trial for dui manslaughter.

john goodman unexpectedly taking the standing in his own defense. this almost never happens in these criminal trials. but he got up there and wait until you hear what he said. that's in "kelly's court." plus they spoke up. all because they did not like the president's new healthcare law other possibility of that law when it was still a bill. as that law heads to the u.s. supreme court we follow up with some of the americans who helped shape the debate over healthcare including this mom right here. >> this is about the systematic dismanage thing of this country. you have awakened a sleeping giant. what's more beautiful than a covergirl? two covergirls. get two miracles in one product. new tone rehab 2-in-1 foundation. covers spots, lines... and wrinkles. and helps improve skin tone over time. new tone rehab from easy... breezy... beautiful... covergirl! covergirl!

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>> congresswoman nancy pelosi said, quote, this law had ironclad constitutionality. saying what happens in the court is another matter. tomorrow marks two years to the day continues president obama signed the controversial bill into law. but back in august of 2009, americans started to learn more about the law. at the time we saw a remarkable grassroots uprising. starting with -- i remember it well, bill hemmer and i were on the air doing america's hughes

room. we were only going to take a minute of it. an hour later we came back on camera. here is a bit. >> leave us alone. that's all we would ask. leave us alone. [applause] >> the things my government doing, they are not working for us. they are working against us. [applause] >> we cannot afford this. period. keep government out of it. we are doing just fine. thank you, sir. [applause] >> you want to be led out of here you are welcome to go. wait a minute, wait a minute, you want to leave? leave. >> i'm going to speak my mind before i leave because your people told me i could. >> this is incredible for the united states of america. the people in this room want their country back.

[applause] >> yes, i'm angry. i'm an american citizen, i'm a voter, i'm a taxpayer, i don't like the fact that my elected officials are running around calling me un-american, a rabble rouser, a mobster. [applause] i'm sick of the lies. i don't like being lied to, i don't like being lied about. this administration is doing both of those things. i want you as my senator to go back to washington, d.c. and tell those people to do what the president said that i should do is shut up and get out of the way. >> it's not about left and right. this is about the systematic dismantling of this country. i'm 35 years old and i have never been interested in politics. you have awakened a sleeping giants. megyn: joining us now that woman

you just heard at the end who attended that town hall in 2009. and tea party pay the krot cofound were jenny beth martin is coauthor of tea party patriots and the second american revolution. thank you for being here. let me start with you, katie. i remember that so well. hemmer and i were sitting there. we were going to take a sound bite. wait a minute. we went to take a bit. that turned out to be a seminal moment in the healthcare debate. do you feel like you -- do you feel like you lost that debate? >> absolutely not. as the healthcare debate went on we saw that this federal government chose not to listen to us. and as nancy pelosi said if we can't go over the gate we'll

parachute over the fence. in 2010 it was true and we proved this debate has none gone away and we are a force to be reckoned with. megyn: sheila jackson-lee took a cell phone call in the middle and kept everybody who showed up to talk to her waiting. that became controversial. did you get politically active at times? was it because of the healthcare bill? >> i would say the healthcare bill made it personal for me like the has for many americans. when the government comes for your healthcare and wants to make decisions that impact your lives and the lives of your family, that's personal. and so it did awake and lot of people that were before this on the political sidelines. megyn: do you feel like the healthcare law spurred the tea party movement in part? >> the tea party movement started before the healthcare legislation about it added fuel

to the fire. people in america do not want the government to control our lives and they don't want it to control our healthcare, and this law is a complete and total overreach of the federal government. megyn: the latest polls -- this an abc "washington post" policy americans oppose this law by 52% to 41%. 67% believe the high court should ditch this law. 67% believe that should happen next week. do you have hopes we'll see this law eliminated by the supreme court which could get or the next presidential election. >> i pray they do overturn this law. but when we have justices on the supreme court ridiculing the constitution in and of itself that concerns me a lot. we have to stand together. i know next tuesday i'll be down in washington, d.c. with the

handoff my healthcare rally. we'll be standing one last time against this bill. if this bill is not overturned in the supreme court we'll have to focus our sights on congress to repeal this bill themselves. megyn: it' interesting to hear you say you are going to this rally. you wouldn't political before this. why do has this touched such a core for those who are at that town hall? >> listening to the video you played i almost wanted to cry. you felt the passion of everybody in that room. the last thing we want is the federal government to mandate that we have to have one product or another. they want us to drive a chevy volt. look at what an awful car that is. megyn: when you talk to democrats about it, they say the disapproval is also democrats who wanted a bigger, bolder law,

who wanted a government option. do you think they accurately have their finger on the pulse of how americans feel? >> no, i don't. i see a lot of people turning to government for an answer to their problems right now, and healthcare is just one of the places they are trying to solve problems. but i would say to someone who wants even more from the government and the taxpayer to pay for it. i haven't seen the government solve any problems. we had governments all over the world trying to solve poverty for hundreds of years and it's never happened. our government is not going to solve healthcare. and we cannot even afford this. the bottom line is, we can't afford it it's not only a personal decision between a doctor and a patient, what type of care they are going to receive instead having a panel decide if you are eligible for that procedure. it's also a matter of we can't afford this. we have an out of control

spending spree going on in dc and it's unsustainable. megyn: . democratic house members who voted for healthcare were defeated when they ran or reelection. the president barely mentioned it in his state of the union address. majority of americans opposed the law. 67% believe the high court should different and yet it may not. this law may stand in this society. what are the lessons of that? >> when is the last time 67%, 70% of americans agree on a political issue? you almost can't get that's americans to agree on apple pie. congress and washington, d.c. need to listen and realize obama-care is a cancer in our government and it's time to tripp it out and time to repeal this legislation now. megyn: props, she brought prop.. it's been interesting talking to you. we remember watching some of you at these town halls.

we thought now with the law going up to the supreme court for its final constitutional test we would check back in. coming up after this break. a new twist in the dui manslaughter case involving florida millionaire john goodman. he adopted his 42-year-old girlfriend. he unexpectedly took the stand in his own defense. wait until you hear what he said. you will hear it next in "kelly's court." >> at the player's club that night would you tell the ladies and gentlemen of the jury what you had to drink. >> i had two tequila shot, and the single.

megyn: "kelly's court" is back in session. on the docket today, an unexpected twist in the trial of this millionaire accused of dui manslaughter. john goodman who also adopted his girlfriend they say to shield his assets took the stand in his own defense in his criminal trial. he's on trial for the death of scott wilson. prosecutors say he was drunk when he collided with wilson, send it crashing into a canal. he says his brakes malfunctioned. here he goes on the stand. listen to his attorney questioning him. >> at the players' club that night would you tell the ladies and gentlemen of the jury what you had to drink?

>> i had two tequila shots, and the gray single. >> other than those three drinks on your bar tab that you told us about, did you have any other alcoholic drinks at the players' club? >> i did not. >> at the time you left the white horse tavern after having one drink there, were you intoxicated, impaired or drunk? >> absolutely not. >> when you left the players' club, after having those three drinks, were you intoxicated, impaired, or drunk? >> absolutely not. megyn: closing arguments began today. and now the case is going to go to the jury. so, did he help or hurt himself on that witness stand? joining me now mercedes colwin and mark eiglarsh who was a

prosecutor and now a defense attorney. let me start with you mercedes. why would roy black, famous trial attorney, put that guy on the stand? >> it was such a risk. when he first started testifying he was stammering a little bit. but, i don't think give up his delivery and the deliberative way he spoke -- you have got to look at this -- it's all about credibility. only person who can testify about what took place that night is goodman. that's it, no one else is there. i think it was a huge risk doing it. when i heard his testimony i thought whose side did he testify on the prosecution or defense. megyn: he has the problem of the blood alcohol content and the fact he was drunk at or around the time of this accident. that's where i believe the decision to put him on the stand came in. i want to show the viewers the

critical testimony. the guy hits the victim. he leaves the scene of the crash. he now has a story about when he got drunk it wasn't when he was behind the wheel. listen here. this is from the defense. >> so what did you do after you looked for the phone? >> i was in excruiating pain. i felt -- i was in a lot of pain. and i saw liquor on the counter and i went over and proceeded to grab a bought of the liquor and i drank it thinking it would help with my pain. megyn: really? mark? >> yeah? really. not that i necessarily believe it. but three word, they had to. the defense had to. they had to. roy black doesn't want to.

i never like putting my clients up there because you can't control your client, you don't know what's going to happen. but here is one thing that benefited the defense. there were no big matlock or perry mason moment where he breaks down or admits he does anything wrong. he had to advance that his car was broken. when he was pressing on the brakes, they didn't work. he also needed to humanize -- megyn: it's unbelievable that this $250,000 bentley malfunctioned and had nothing to do with liquor. i'm not on the jury but i'm human with common sense. >> they are hoping the jurors will listen to the experts and find differently. >> frankly it doesn't pass the smell test. and he didn't police officer what the defense needed. he needed to come across credible. when he asked did you drink before getting behind the wheel? no, i kind of drank.

he was storming getting out the answer. unequivocally. megyn: what jury is going to believe. he left the scene of the accident and ran in some woman's house and that's where he claims he started imbibing. what jury is going to believe that? >> he's hoping the ones assembled will. if roy black knows something differently than he is fostering perjury. he would have to say tell the ladies and gentlemen of the jury what you want to say. allegedly he didn't come clean and say i was drunk as a skunk beforehand and not afterward. megyn: it doesn't to me look good for the defense. >> they are in this race.

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[♪] megyn: right now a new effort to figure out what's booming in clintonville, wisconsin. mysterious noises are rattling people there day and night. now seismologists are on the scene trying to get some answers. >> reporter: whatever it is in clintonville, wisconsin, they haven't slept in four nights

because that's how long this has been going on. one residents described is as three booms, then one good shake. four nights in a row it's been keeping them up. it began sunday night when this thing went boom and the 911 calls went crazy. listen. >> i heard some noises. i don't know what the hell it is. >> reporter: shaking the whole house. the city checked it out and checked water system it's not that. underground mining, it's not that. they checked sewage problems, no space ships, no sink holes. now they brought out the seismographs. they are looking to see how deep this might be. one resident says it's a case of the those and the unthose. >> it's the unknown that scares

a lot of people. >> nobody seems to know. it could be terrible, it could be bad, it could be good, who knows. one of our affiliates went out last night to try to get some documentation of this, set the cameras up. they got nothing. because they disappeared. they are gone. >> they were never seen again? bomb boom, boom and a shake. boom, boom boom shake. >> see you, trace. coming up a beer battle brewing as folks who make the stuff at home look to change alcohol laws across the country. and they made some progress. but is the new legislation the right way to go? we'll go in depth coming up.

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