fallout what has become the big focus in president obama's re-election campaign. the so-called buffett rule. welcome to "america live", everyone. i'm megyn kelly. for second time in as many days the president called for a higher tax rate for wealthy americans. a tax code change that would bring in roughly 47 billion over the next 10 years or about as much as the federal government currently spends in about six days. the president says the money is not the point. instead it is about fairness. >> we can settle for an economy where a shrinking number of people do very, very well and everybody else is struggling to get by. or we can build an economy where we're rewarding hard work and responsibility. an economy where everybody has a fair shot. either you've got to borrow more money to pay down a deeper deficit, or you've got to demand deeper

sacrifices from the middle class and you've got to cut investments that help us grow as an economy. you've got to tell seniors to pay a little more for their medicare. you have got to tell the college student, we'll have to charge you higher interest rates on the student loan or you will get smaller student loans. megyn: joining me now, chris stirewalt, our fox news digital politics editor and stuart varney, host of "varney & company" on the fox business network. 47 billion, i guess at best over 10 years, stuart. we're looking at a $15 trillion right now. the president says it's not going to solve the problem but that is no reason not to do it. >> look, the buffett rule is not the key to economic growth. the buffett rule is not really economic policy. pass this rule and you bring in what, 4.7 billion a year, one year. that is three days worth of interest on the national debt. pass this rule, you don't create jobs. pass this rule, you don't speed up the economy. pass this rule, and the

president says, we can spend on entitlements. well you bring in just $4.7 billion in one year, that is 12 hours worth of government spending. the president essentially is on the attack, not with an economic policy, but a political policy. he is on the attack because defending his record at this point is very difficult. megyn: is this, chris, about reducing our nation's debt or is this about politics? >> well, it's, whatever else it's about it is sure an awful lot about mitt romney who happens to be one of those very rich people that the president is talking about not paying their fair share. he says should be giving more money to the government in order to finance programs that the president says will help middle class people and help poor people and, it's the core of his re-election approach to say that mitt romney is a guy who is not, who is taking advantage of the situation

essentially. that he has profited by an unfair tax code. and the president wants him to pay more in taxes so he can give that money to people who he says need it in the form of hiring government workers and undertaking government projects and fortifying the sort of social safety network. megyn: let's just have the truth, stu, when it comes to the so-called buffett rule. this is based on the president's claim the billionaire warren buffett pays a lower tax rate than his secretary. repeatedly media asked mr. buffett and his secretary to release actual numbers. what are the salaries and effective tax rates and they have refused. so what evidence do we have the buffett rule is anything more than a figment of somebody's imagination? >> we understand warren buffett receives from his own company $100,000, or there abouts in regular income per year. therefore the source of warren buffett's wealth is not regular income. it is capital gains.

and a cap tail -- capital gain is taxed at low rate, 15%. if he were to pay himself more in regular salary he would indeed pay a higher tax rate, 35%. he pays his secretary, we understand, sources say, around 400,000 a year. megyn: that is a good job!. >> therefore she pay as higher tax rate than warren buffett because warren buffett pays largely a capital-gains tax rate. his secretary pays regular income. most millionaires, in this country, who receive a million dollars in regular income pay a top tax rate of 35%, higher than their secretaries. megyn: before i go back to chris, explain the capital gains money. we referred to mitt romney who pays 14, 15% rate because it is capital gains income. i don't think the average person completely understands how that is fair, to pay 14, 15% on that money to pay 35% on income is

fair? >> sure. you buy something like a stock in year one. you sell it for double the price three years later. you pay a 15% tax rate on that investment income. capital gain is an earnings on an investment. we deliberately put a low tax rate on investment income to encourage investing and job creation. that's how warren buffett makes his money. megyn: some of those bets win and some of those bets fail and the investor paid taxes on the money he is investing begin with. he paid, salary he is using, paid salary tax on that as well. chris, the polls show that 64% of the americans support the buffett tax, the buffett rule. and yet they also show that the interest in taxing the rich is declining in this country. it was between the 72 and 80% wanted high-income families to pay more. over the past 20 years, 72 to 92. recently in 2011 that number went down to 60%.

lost somewhere between 12 and 20% support in terms of the desire, the excitement about taxing the rich. is this really an issue for people heading into november? >> well, look, democrats on the state level across the country have proposed and in some cases enacted millionaires tax. it is certainly part of the democratic argument, the democratic strategy to have a special tax for millionaires. it is something that has populist appeal because a lot of americans think the very itchry -- rich should pay more. for the president it is probably his best shot. whether it is a winning shot i don't know but it's his best shot because obviously as stuart alluded to, his signature initiatives, the health care law and stimulus are not in great shape. so he will run against romney as a rich guy. this is a way to do it. megyn: it is a way of not discussing entitlement reform which has gotten nowhere from either side in

washington. anybody proposed it they get hammered by their own party. thank you very much. >> you bet. megyn: find out much more about the president buffett week campaign push on our website. log on to foxnews.com/politics. meantime we're watching a developing story overseas today. north korea could launch a rocket in just the next few hours. the communist regime fueling the rocket this morning suggesting its launch is imminent. north korea apparently ignoring warnings from the white house there could be serious consequences if the regime goes ahead with its planned lawn of. it coincides with the 100th of anniversary of the birth of the founder of north korea this weekend. we're learning new details about a bomb threat that diverted a korean airlines jet. us air force says the plane was forced to make an emergency landing after the airline received a bomb threat. the second threat in just two days. the call came in last night to korean airlines, to their u.s. call center saying there was an explosive on

board the plane which had taken off from vancouver, british columbia and headed for zoll. the crew turned around and landed safely at a canadian airbase. investigators are screening the plane. the same flight also had a bomb scare on monday. we're told passengers and crewmembers on both flights are fine. want to turn to a story raising questions about political correctness in our public schools. the latest debate focused on a school mural painted by a 17-year-old student artist. it is meant to depict the journey of a man's life. ending in a marriage with a wife, and a child. a concept school officials originally said was too offensive for the mural. trace gallagher live in l.a. because he got married and had a child? >> reporter: we have done a lot of stories, megyn about controversial school murals but never has the traditional family been called offensive. the student sketched this out and submitted them to the school because they

approved them because it didn't violate any school policies. when the mural was actually painted two parts were considered offensive. the man and his wife and child as you see there. and also the wedding rings over their heads. you can see this, the wedding rings just above their heads. there it is right there. at least one parent and one student complained that the mural might offend people with alternate life-styles. and that the rings were an attempt to impose religion or religious values in public schools. so the school had the janitor paint over the so-called offensive part. liz says the religious aspect was a big deal for the school. listen. >> does religious undertones, marriage, the whole, like, it could be a christian type of or catholic ceremony but really there is religion in a lot of different cultures. i feel bad because i didn't mean to offend anyone. >> reporter: then the superintendent stepped in and said the mural should have not been painted over.

so now, liz, gets to go back and repaint the ending of her mural but now she says she is not quite sure she will keep that traditional family ending. we should also mention that liz's parents, are divorced. but she still has her own ideal of what a traditional family should be about. megyn. megyn: now she has been forced to apologize for that ideal. she is sorry for offending anybody by drawing a family with a mom and a dad and child. trace, thank you. >> reporter: okay. megyn: well, in the past week we've suddenly seen a lot of talk in the mainstream media what has been called the troubling aspects of mitt romney's mormon religion. watch. >> mitt romney, will almost certainly be the republican nominee. a lot of evangelicals have been talking about whether or not mormons are christians. are mormons christians? >> your eminence this is bound to come up in the campaign. do you think catholics would

have a problem with a mormon president? because mitt romney is a mormon? megyn: those are just a couple of questions that were asked but some are out there commenting on mormonism in a way that is really, really offensive. to those who practice mormonism. michael reagan calls this despicable. in three minutes you will see what he says represents a media double-standard when he joins us live right here. if going to the dentist wasn't stressful enough, now new study all the radiation from the annual x-rays could be causing brain tumors. should you decline next time your dentist suggest this is for you? dr. siegel is here. when you thought you would never see miss pork rinds again? she is back. we have news on the favorite mega millions faker, melinde wilson or is she a faker.

on "kelly's court" has a twist. i was shocked not seen that she has the ticket. why not. >> megyn, i'm a lawyer. i try to solve problems for people. i don't need to sea the ticket to hear my clients explanation why it is that she has not turned in the ticket

megyn: the campaign trail now where we have seen a growing number of media outlets suddenly asking about the quote, troubling and consult-like aspects of mitt romney's mormon religion. this is just a sampling from just the last few days. >> mitt romney is a mormon. we have not had a mormon president. i was intrigued by polling again from the pew organization that showed the overwhelming number of non-, plurality of non-mormons

would describe mormonism as a cult whereas 90 plus something of mormons describe it as a christian religion. >> mitt rom will almost certainly be the republican nominee and if that happens, which it looks like it will, he will be the first member of church of jesus christ of latter-day saints to be a nominee. a lot of these evangelicals have been talking about whether or not mormons are christians. are mormons christians? >> your eminence this is bound to come up in the campaign. do you think catholics would have a problem with a mormon president because mitt romney is a mormon? megyn: he went on to say no. joining me now, mike reagan, chairman of reagan group and political consultant. michael, thank you for being here. what is wrong with asking the question because it is on the minds of some voters according to the polls? it was latest poll, "abc news/washington post" conducted in april showed that 13% thought that mitt romney's mormonism, was

quote, a major reason to oppose him. what is wrong with the media asking whether that will be a factor in his race to become the president? >> it truly is if you watch the mainstream media here. they question conservative women, not liberal women. they question conservative blacks, not liberal blacks. they question conservative mormons but god forbid they would question harry reid, the number one mormon in washington, d.c. as a leader of the senate of the united states of america. and what is really unconscionable is the fact that harry reid, a member of the mormon religion energy fact doesn't stand up for his own religion and stand up for mitt romney, who is being put through this grinder by the mainstream media. megyn: there is a difference in some of what we're hearing. those were legitimate news people asking the question. you can argue as you have that the question wouldn't be asked if this were a democrat who was a mormon. but there are some who are out there really going after mormonism.

one host who shall go nameless now on another network said the following. he talked about romney's religion which he said is only 182 years old. he says, mormonism was created by a guy in upstate new york in 1830 caught having sex with the made and explained to his wife that god told him to do it. 48 years later, joseph smith's religion was sanctified and religion that goes alongwith it and this is what mitt romney believes. this is kind of stuff that mitt rom. >> there is nothing about harry reid senator of the united states forever and ever. religion should not play a part in all this. those out there saying gosh, can we get ronald reagan back? let's be more like reagan. reagan would not make religion a part of the discussion running for president of the united states of america if give you a example. there was a time when my father was president, a very well-known pastor was asked to come to the white house to visit weather my father

and talk into firing donald reagan when all that was going on. came to the white house had dinner with my father. my father and him went to a private room. he discussed the fact that people want donald reagan's fired and need to ask for donald reagan's resignation. my father said, to the pastor, hear is the deal. i won't tell you how to run the presidency and you and wouldn't tell you what to tell you what to say from the pulpit on sunday mornings. mitt romney or anybody that brings into question for the campaign of the presidency. megyn: this happened to jfk when he was the first catholic who had a real shot at becoming president. >> yes. megyn: he was forced to give a speech, a major speech on his catholicism and how it would not influence him if he were to become the president. is that going to be necessary for mitt romney?

should he consider doing something like that? >> mitt romney did that. you might remember, in 2008. he gave that speech in 2008. and the history of mitt romney as governor of massachusetts, never let his religion, you know, in fact tell him what to do when he was governor of massachusetts. he didn't let his religion tell him how to run the olympics back when he made it a profitable venture back there in what, 1990s whenever i it was. the fact of the matter he has never shown his religion to drive him when making political decisions. that is the history of mitt romney. really bring it up takes eye off the ball, the real issues in this economy, in this country we live in today. that is the economy. that is what this election needs to be about. the left does not want to talk about the economy, or talk about the jobless rate. they do not want to talk about what is going on in america. they would rather talk about religious belief and look somewhere else while they

play david copperfield and try to hide the ball. megyn: michael interesting. thank you, michael reagan, everybody. >> thank you. megyn: a new study finds common types of dental x-rays could raise your risk of brain tumors. think a once a year x-ray at the annual checkup is safe? dr. siegel is here to break down the latest research right after this break. plus the attorneys for shooting suspect george zimmerman making a surprise announcement in a press conference that they are not representing mr. zimmerman any longer. they say they lost touch with their high-profile client and don't know where he is. they said that just after 48 hours not being in touch with him. why would they do this? were they out of line? what does this mean for the trayvon martin shooting case? >> we've already sent him a message. he is certainly welcome to call us. we would be happy to continue to represent his cause but we can not ethically do that under the circumstances where we find ourselves where we know he is communicating with a

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megyn: a man in california learning a big lesson not to text while walking. you never know what you may run into. in his case, a 400-pound black bear. check it out. >> yeah, just a couple minutes ago the bear left the clearing in the backyard. he made his way over to the driveway on mayfield. he came down that driveway on mayfield and now on briggs. looks like he is current turning into another driveway. we'll maneuver around. >> there is person walking right there. >> a resident there. he just saw the bear. megyn: that is hilarious.

can we see that one more time. doh!. oh, boy. so busy texting he didn't see the bear turning corner. when he did, he did what everyone would do, he took off. the deputies and wildlife officials captured the bear using three tranquilizer darts. they later released him into the forest. there he goes, stand by. one more time. wait for it. lalal. i'll meet the you later at starbucks and we'll have a non-fat latte. whoa!. [laughter] moving on. there's a new study out this week raising questions whether those x-rays we all get that have become so common at the dentist may lead to brain tumors. the study comes out of yale university and points out that the routine exams are the single most common source of radiation for healthy people in the u.s. but does that mean you should not get them? joining me now, dr. marc siegel, a member of

our fox news medical a-team and bigwig at nyu langone medical center. not your official title. >> thanks very much for the bigwig. megyn: we've all had these. they are uncomfortable. the things dig into your gums. the dentist says they're necessary. they're causing brain tumors? >> not so fast. actually this is the biggest study of its kind. we know this radiation, ionizing radiation can cause brain tumors. we know that from atomic bombs and radiation for thyroid cancer, things like that. the question, does this amount of radiation from a dental x-ray cause a brain tumor? the kind of brain tumor we're talking about megyn is the lining of the brain. mostly benign of the 90% of the case. >> it is benign. >> no, but it is in the brain and i am very concerned about it, even if it is benign it can cause a big, big problem. they surveyed 1400 people, they asked them how many dental x-rays that they have

had? they found any group that said they had a focused dental x-ray at any time in their life had twice a much of a chance developing this common type brain tumor. megyn: us did that convince you? >> here is a couple problems. it doesn't convince me the amount of radiation we're seeing now much less than the people surveyed. less and less and less. we're dialing back. megyn: talk to somebody who is 65 years old, when they got the x-rays the radiation was higher? >> much higher. right now to give you an example, we're getting two or three milims. from x-ray. the from walking around this set, is 320. megyn: why? >> the cameras and the radiation equipment we have. megyn: oh. i told you guys i didn't want to put the mi cpac on my back. they say put it on the back. i say put it on the side of the chair. >> i'm not going around with a geiger counter around here. seriously the amount walking around on a cross-country plane flight is the same on

a dental x-ray. i don't want to alarm people. i don't want to tell viewers not to get a 10 tall x-ray. megyn: you should get a annual dental accident. ray? >> reminder. get them when you need them. say to the dentist. do i really need that x-ray? do you need this to help me? megyn: they're going to say yes. it is a moneymaker for them. i'm sorry dentists. >> that i don't like. the whole idea of wednesday sieve medicine. this is reminder too much exposure to radiation so no good for you and over time could increase the risk. megyn: sound like people like us our goose is cooked. we got x-rays loaded with all the bad stuff. now we have to live with it, or not. >> i'm older than you, megyn. i have more radiation than you do. megyn: i will say a prayer. thanks, dr. siegel. >> thanks, megyn. megyn: it will be benign. coming up new developments in connection with this trayvon martin shooting. as lawyers for the accused shooter george zimmerman are

apparently dropping their client, ending representation. we'll play the sound and let you decide what they're doing. why would they do this? why be so public about it? and what is really going on here? we'll investigate it just ahead. and when a woman about to get married revealed she had terminal cancer a couple years back, the lavish gifts came pouring in but now that match has gone south. the angry ex-husband ratted her out for lying about the cancer and trace gallagher will show us the latest on what's happening with this woman now. plus, has the mainstream media been ignoring the real war on women? mitt romney says it is actually being waged by the president's economic policies. we'll show you what's behind that claim next. >> this president did not cause the recession. he just made it worse and made it longer. and it's been harder for the recovery to occur. and as a result, women have suffered.

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megyn: we have live pictures coming in from hartford, connecticut where mitt romney just took the stage at a campaign event. he fires back at president's accusation that republicans are waging a war on women.

he says the real war on women is the president's economic policies. >> of all the jobs lost during the obama years, 92.3 per of them are women. during the obama years women have suffered. as your senator indicated, this president did not cause the recession, he just made it worse and made it longer and it's been harder for the recovery to occur. and as a result, women have suffered. it's been the brunt of the burden of job losses during the obama years has been suffered by women. megyn: joining me now sally kohn. political blogger at callycone.com. the war on you continues, but today according to mitt romney it has been waged by president

obama. no sooner dose make that argument than the rnc puts out a memo that talks about obama's war on women saying women have gained less than 10% of jobs created during the recovery. unemployment has risen. women are living at the highest rate of poverty in 17 years. fair point? >> absolutely. but they should try to broaden it powpt they are trying to tailor make a message to women based on these numbers. the economic crisis did not just hit women though they are trying to argue it disproportionately hit women. it hit everybody as a direct result of barack obama's policies. these issues are all americans' issues. they affect everybody. megyn: are the republicans getting worried because the polls suggest that the war on

women narrative is work for president obama. >> that is the astutely observed context. this isn't an accident that the republicans and mitt romney are doing this. they are scared in their bloomers because mitt romney is losing women voters by almost a two to one margin in part because the war on contraception, the war on contraception, the war on planned parenthood backfired on republicans. now they are scrambling trying to say it was that guy who did it. that's part of the context. there is also important matter of facts. since 2011 when the recession began the country lost 5 million jobs. of those 1.8 million were william. the last year in terms of the recovery. we gained 1.million jobs.

630,000 of them have been women. it's 33%. it's roughly in proportion -- most of the jobs were lost by men. and generally if all of a sudden disproportionately more of the jobs were being gained by women republicans would be complaining obama had some sexual identity agenda. megyn: this seems like a response to what we have been seeing in terms of the polls. president obama had his women's forum. is this the way to do it? is this going to bring the women the republicans have lost in the wake of this other war on women back into the tent? >> i'm not sure. they need to broaden out their message. megyn: how badly do you believe contraception has hurt the republican party. has romney weighed in on that in a way that was damaging to him? >> it was more rick santorum. but realize how this blew up.

it was because team obama dropped the grenade right at the end of january, early february, dropped it into the presidential race. the whole thing explode and it was a religious freedom issue. but the democrats played it so brilliantly in turning it into this war on contraception and war on women and enough women believe that. megyn: enough comments were made the by some republicans. >> mitt romney didn't make those comments. mitt romney didn't drive the bus on this. mitt romney is a moderate. he will be the nominee. he does haven't these issues. what he needs to stick to is the broader economic issues that have affects every american. megyn: that's what his wife was trying to say on election night. >> you start attacking the right of 98% of reproductive age women

to use contraception -- when he was trying to appeal to the conservative base of the party he agreed with the blunt amendment which said not only religious employers but any employer could claim a religious exemption. so romney's hand aren't clean on this. if we want to talk about the economy, i agree, we should be. the other area where republicans' hand aren't clean. women are disproportionately employed in the education sector and government jobs. those are the jobs republicans are trying to get rid of. >> the dominant issue is the economy and jobs. lack of economic growth pointing to barack obama. contraception is not the issue. this is the democrats trying to distract everybody from president obama's abysmal economic record. megyn: george zimmerman's

lawyers are out in the trayvon martin shooting case. they just appeared to fire their own client with a public news conference. why would they do this? this is very extraordinary. chris christie touched off a new debate saying a growing number of people take to the living room couch to wait for their next government check. that argument and the debate coming up. >> the american people no longer believe that this is a place where only their willingness to work hard and act with honor within integrity and ingenuity determines their success in life, then we'll have a bunch of people sitting on a couch waiting for the next government check.

megyn: fox news alert. we are told we could get a decision today or tomorrow from

the special prosecutor in the trayvon martin investigation. she says she'll give us a couple hours' notice then she'll announce her decision whether to charge zimmerman with a crime. zimmerman's attorneys announced they were no longer representing zimmerman. revealing in an unusual press conference that zimmerman left florida and they lost all contact with him for the last 48 hours. >> this has been a terribly corrosive process. george zimmerman is not doing well emotionally. we understand he may have lost a lot of weight. our concern is for him to do this when he's got a couple professionals work as hard as we were for his benefit to handle it this way suggests that he may not be in complete control of what's going on.

we are concerned for his emotional and physical safety. megyn: joining me to discuss it, kimberly guilfoyle cohost of "the five," and lis weihl, a fox news analyst. have you ever seen anything like that? >> i have never seen this. i used to teach ethics. i would use this as an example of what not to do. completely unethical. leaving the client that can be okay because the case hasn't started. once the case has started you have to go to the judge. but then to go as we saw and do that press conference and throw your client under the bus and say he's mentally challenges, we are worried about him. megyn: distraught. he may have ptsd. >> you cannot waive that attorney client privilege.

megyn: the comment about his mental state. even if george zimmerman didn't say i feel stressed out or traumatized and you are sitting there and you are observing me, you are not allowed to reveal what you observed in that privileged communication, are you? >> you are not allowed to. that's why what they did was highly unethical not to mention unprofessional. they did a tremendous disservice to their client. this is a difficult time for everybody involved in the case including mr. zimmerman. he didn't do anything wrong by contacting somebody in the press. it's well within his personal rights to do that. megyn: that's what they were ticked off about. he contacted sean hannity and he contacted the prosecutor and they said that's it. >> that wasn't a good idea. megyn: let me ask you. when they complained about that, too, did they reveal yet another

potential privileged communication? listen. >> we sent him a message, he's certainly welcome to call us. we would be happy to continue to represent his cause but we cannot ethically do that under the circumstances where we find ourselves where we know he's communicating with prosecutor contrary to our advice, communicating with the media contrary to our advice. megyn: that's not a surprise. but does that make it okay to say? >> for him to say the be the lawyer? no, attorney-client confidentiality is one of the foundations of our legal system. megyn: who hold the privilege? >> the actual client does. in this case it would be george zimmerman. what they did is unconscionable.

i'm shocked by it. to have the audacity to say we would still be happy to represent him. who wants you when you betrayed confidential communications. megyn: we get news from the special prosecutor that she'll be making a decision. we'll hear from her at this point within 48 hours about whether there will be charges. you guys are both former prosecutors. do you believe she was inspired to make that announcement or she might be inspired to do something give up their comments about they don't know where he is. did they up the ante for their client? >> she has to be worried about them taking off. not being able to find him. now she is on notice. i'm sure what she did when she got that phone call is she said i cannot speak with you. i remember as a prosecutor that did happen once in a while. a client was not happy with their attorney and they would call me. megyn: would you love to hear

what he had to say. >> any statement he might say to her couldn't be used against him because he was represented by counsel and it would be an improper communication. megyn: talk about the pressure she is under. you handled a well-known case against this couple that had a dog that killed somebody. the pressure to bring charges from these folks that have been so loud about you better do it or else. >> she had to make a crucial, tough decision to go forward with the grand jury or i'm going forward with the criminal complaint. i expect that she'll file some sort of charge, manslaughter, something against him and begin the proceeding that way. and that when you determine whether or not this is the case of self-defense.

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megyn: this next story started a couple years ago when a woman about to get married told the world she had a fate sal cancer dying know -- she hat a fatal -- she told the world she had a fatal cancer diagnosis. now her ex-husband is ratting her out for lying about the cancer. >> reporter: the reason she got such scene outpouring of sympathy, the local newspaper did a feature on her disease.

she said i want to marry my fiance and be with my baby daughter before i die. she shaved her head. she forged a phoney note from a doctor and the town began make her wedding plans. >> she was very convincing. she shaved her heads in spots and so on. so she seemed it. >> reporter: the town believed her so much. they gave her a dress, a seamstress to alter the dress, a wig to cover that phoney head. $2,000 in flowers, wedding photos, plane tickets to aruba. and the wedding wing. the man who donated the wedding ring did so because his son had leukemia. >> there are lots of ways to trick people. why would you do that?

it's a pretty hurtful story. >> reporter: four months later the husband caught on. he turned her in. now he's back together with her and now she have another child. she says she needs mental treatment. the d.a. disagrees, she is still in jail. megyn: speaking of unbelievable. we are getting breaking details in the epic saga of miranda wilson. she claimed she was the big meg millions winner. if you think you heard the last from her. because "kelly's court" just dug up some exclusive new details on her legal troubles. plus property damaging, party throwing -- property damage --

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more saving. more doing. that's the power of the home depot lay down a new look, with earthgro mulch, now three bags for just $10. megyn: fox news alert out of syria. less than 24 hours before a cease-fire dead light assad regime is reassuring the u.n. it will stop all military action if and only if the rebels comply. a brand-new hour of "america live." there is heartbreaking video coming into us now. the so-called pledge comes as more bloodshed fills the streets. syrian forces unleashing new attacks. they are killing dozens of people. meantime we have gotten our hands on this powerful video giving the face and voice to the innocent people caught in the crossfire as bashar al-asaad who was supposed to be pulling the

military vehicles out of these cities has appeared to ramp up the violence. listen to a 3-year-old girl who appears to describe who destroyed her grandfather's home. >> who did this? >> bashar. >> criminal bashar? what did he does well? >> broke the glass. >> for whom is this house? >> grandpa. >> who? >> grandpa. megyn: leland vittert live in jerusalem with the latest. >> reporter: you hit the nail on the head when you find a real human element. the unconscionable suffering

going on by hundreds of thousands of syrians at the hands of their own government. right now just 9 hours before a scheduled cease-fire, it appears as though president assad's troops are in all-out assault. this amateur video was shot by opposition forces to show the continued artillery barrages coming in from bashar al-asaad's forces. he promised before he would stop killing his own citizens. but the stakes are just a little bit higher here. he says thursday morning 6:00 a.m. local time he will order his troops to stop the shelling but allowed himself a big out. that revolves around what he says are armed terrorist gangs.

if they continue, he says his military will respond and that's exactly what they have been calling the opposition there in syria. so you can imagine there is a lot of people extremely sceptical about the fact the cease-fire is going to happen. this is a letter from kofi annan. he wrote that he's optimistic things are going to work out. however, russia, who has been protecting syria at the u.n. said it is not up to the syrians to stop killing their own people but it's up to the rebels to lay down their arms. you can imagine the situation being set up to give the syrians cover. the world is certainly hopeful assad is going to stop killing his own people but is far from optimistic he will keep his promise this time. now the third or time he has promised a cease-fire with no results. megyn, back to you. megyn: kofi annan suggested iran

could be the one to help solve this crisis in syria. what are the risks here and what are the odds of iran doing that? what does it mean for the road america is walking right now? as the world tries to put an end to the violence we are seeing there, and slaughter, slaughter of thousands of people. we have general jack keane and ambassador jack bolton three minutes away on that. new reaction in from the department of justice on the trayvon more taken case. attorney general eric holder saying there is a quote high bar to bring federal charges in the case. george zimmerman, a neighborhood watch captain self-appointed told police he shot this florida teenager in self-defense. mr. holder says this department is assisting local authorities.

>> hard to judge with regard to timing. we have a high bar we have to meet in order to bring federal charges in this case. so we are continuing in that regard. the fbi has been on the scene doing forensic things to try to build that case while at the same time we are helping the state in its attempts to build a case as well. megyn: mr. holder's comments come one day after the federal prosecutor overseeing the case said she would release important information friday. on that front we may have breaking news. this is not confirmed by fox news. this is the post reporting. that the florida special prosecutor will announce she is charging george zimmerman in connection with the shooting death of trayvon martin. this is according to the post again that citing a law enforcement official close to the investigation -- that sounds like one source, obtained by the

post, they are report -- obtained by "the washington post." they are not identifying what the charge will be. second degree murder was one possibility. manslaughter another. and that's at the state level. you heard us talking about the federal. the attorney general saying there would be a high bar for federal charges. but these are state charges. it was in the hands of another prosecutor who submitted the case to a grand jury. it got taken away from that prosecutor by the governor of florida to took a fresh look at the evidence with the assistance of the fbi and federal officials. angela cory whose reputation was very good as a tough but fair d.a. she comes from a different region of florida than the one in which this happened. she has taken a fresh look at

it. we heard there will be a decision within 72 hours whether there will be charges. now according to this one report citing one law enforcement official close to the investigation "the washington post" reports angela cory will announce she is charging george zimmerman in connection with trayvon martin's shooting death. we'll have much more for you moments away. keep it right here. want to bring sow other news. it's one of those scandals critics on both sides of the aisle say offers a rare peek into a washington run wild. the uproar over the general services administration throwing itself an $800,000 party in las vegas. you paid for clowns and commemorative coins so they could remember what they did to you. that shindig may be just the tip of the iceberg. the house will hold two hearings

on the scandal. one will be chaired by the chairman of the house oversight committee darrell issa. thanks for being back with us. your position is the obama administration has kept a lid for months on information it had had that this has taken place at the gsa. if they had, why would they release it now relatively close to president obama's reelection. >> 11 months ago the inspector general briefed the gsa. he thought this was so egregious, it was part of a pattern even though it needed more investigating. it needed leadership while the direct investigation continued. now on the eve of the investigation coming out the obama administration leaked this to try to get as good a spin on it. and they have been talking about raising costs, rising costs of this get together over the bush

administration. the ig doesn't have any such figures. gsa hasn't provided us any such figures. we have gone to every agency and asked for five years of all their conferences so we can begin to look at what we think is a systemic problem in government, one that clearly for three years this administration did smog to stop and to a great extent at least the gsa administrator was part of a coverup. megyn: the white house has come out and said we put a stop to it. but this ridiculous spending began under the bush administration where there were 200% increases in spending over the years. >> those are unsupported facts. this administration has lied before. i repeat, they lied before. they lied in "operation fast & furious." we are taking for essentially taking them at hair word and saying oh -- at their word.

my big brother wrecked the car, please give me the car key to the new one. these were line item that should have been scrubbed and for 11 months the administrator knew about it and kept it from the public. so when we look at what happened, this happened on the president's watch. this is a president who said there was runaway experiencing under bush an was going to change it. his political appointees have not tamped down this desire by bureaucrats to spend your money as thought it was somebody else's money. and they were at this event fanning the fire. they were there giving awards. when you look at political appointees participating in lavish part why is, you can't say somebody else did it, whether that's true or not. you have to look and say, it's been three years, political appointees were put in there for a reason. one of those reasons was to safeguard the american people's money. they obviously didn't do it. blame the bureaucrats, of

course. blame bush, of course. but where is the acceptance of real responsibility. to say 11 months after you were told of this you took quick action that's laughable even by washington standards. megyn: the white house was asked what are you going to do to make sure this isn't happening in other agencies. why -- what are you going to do to make sure it' not happening elsewhere. the response was something to the effect there are a lot of agencies out there. but we have done what we can to stop it at gsa. do you expect full cooperation in connection with your investigation in the sweeps investigation into all these federal agencies? >> taking it in the reverse order. if for the tires time in my year-plus chairmanship we have the bipartisan support i think we have from my ranking member, that in fact we will get cooperation from the administration. but without a united front to

say to administration that promised to be transparent it's been hard. we don't have answers on subpoenas and brian terry's murder in "operation fast & furious." so do we expect to get cooperation? fortunately the men and women of the inspector general, the 12,000 people that work for us in partnership, they are doing their job and we are getting help. this inspector general is an example where there but for this i.g. we wouldn't have been informed. and had the administration heed an 11-month head start we would be looking saying it has been fixed. it would simply not be reported for 11 months. megyn: they were getting bonuses for such a great job they did at these conferences. you can't write the script. >> you can't, megyn. megyn: thank you, sir. we are getting breaking news

reports now from "the washington post" citing one source close to the investigation that george zimmerman is going to be charged in connection with the stray von martin shooting. we'll have more after the break. call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today.

megyn: "the washington post" is reporting, this is not confirmed by fox news -- that the florida prosecutor assigned to the trayvon martin case will bring charges against george zimmer zimmerman. trace, what do we know? >> reporter: the state prosecutor said within 42 hours she would have a press announcement about possible charges against george zimmerman. she went on to say she would give the media 3 hours' notice to prepare for this news conference. the post is reporting she'll file charges against george zimmer maine.

but if that rings true and her statement is correct, then any minute we should be hearing about a news conference that would be held today in sanford, florida where this incident happened or in jacksonville, florida. and that would happen stimulate this afternoon. keep in mind it's important to go back and remember that when the sanford police chief first came out and talked about this incident, he said the reason that police did not arrest george sometimerman to begin with was because of florida's stand your ground law and they did not have the evidence or authority to arrest george zimmerman. at some point in time that would be down the road up to a prosecutor. we shot thought -- we thought it would be a grand jury, she opted not for that. but we are hearing from hearingt that she'll file charges but we do not know what the charges will be.

if you go back to the initial night when this happened, that 911 call that george zimmerman made to dispatch will play a key role in this investigation. the police dispatch told him that he did not need to follow trayvon martin. but after they said you don't need to follow him that call went on for an additional minute and 26 seconds. in that time george zimmerman was going back towards his truck and he was talking to the police officers. he claimed that trayvon martin when he got back to his truck walked up to him and said do you have a problem. he said no and trayvon martin said you do now, punched him in the nose and began beating his head back the sidewalk. he says there was a struggle for the gun and that's when he shot trayvon martin. there is on one witness who says he saw trayvon martin on top of george zimmerman.

but separately there are 7 people who called 911 who believed trayvon martin was the one calling for help in the seconds before that gun was fired. now we should find out any minute or in the next 40 minutes whether or not they will hold a news conference in florida during business hours concerning charges filed against george zimmerman in the trayvon martin shooting. megyn: among the possible charges here are manslaughter or perhaps second degree murder. first degree murder is out. if that charge was going to come it had to come from the grand jury and they opted not to use the grand jury. first degree was not on the table. manslaughter to prove the crime of manslaughter they with have to prove the victim is dead and the defendant intentionally committed an act or acts that

caused his death. it is not necessary to prove intent to cause death. only an intent to commit an act that was not just negligent -- that essentially was leading to the death. when it comes to second degree murder the charge and the burden are higher. you have to prove there was an unlawful killing by an act that was imminently dangerous to another. that you demonstrate sad depraved mind without regard for human life. it talks about what was in your head and what was your intention and did you act in a depraved way. that would be second degree murder potentially. we'll have to wait to see if this washington post report based on one source is correct and if it is correct, what those charges will be. keep it right here. we'll continue to work our sources and try to get independent verification of what we are being told by the post. new violence in syria.

less than 24 hours before what is supposed to be the start of a cease-fire. what does this mean for the u.s. effort to bring peace there? we ask two of the most experienced foreign policy experts in this country. jack keane and jack bolton are here with us live three minutes away. new jersey governor chris christie saying we are turning into a nation of couch potatoes waiting for the next government check. over the top or the tough truth. fox news, america live excusive. when the lottery winners were announced in maryland, many thought it was the end for miranda wilson. the newest that will keeper in the spotlight. >> reporter: you may want to go to the lottery commission? there he is, poised to discover plum amazins, the amazing alternative to raisins and cranberries with more fiber, less sugar, and a way better glycemic index.

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megyn: special envoy kofi annan turning to iran to help solve the crisis in syria. this before a u.234679-brokered d a u.n.-brokered cede fire is supposed to take place at dawn. but this as homes are being destroyed including the grandfather of this 3-year-old. the u.n. estimates 9,000 people have been killed. 1,000 of those coming after assad accepted a cease-fire proposal. 30 people killed on that day alone. 85 reportedly executed in just the month of march.

with nearly 800 dead in the last 8 days the statistics tell a different story from the one being told about it syrian regime. the question remains, what are we supposed to do about it. joining me general jack keane, and former ambassador to the united nations, john bolton. it's apparent assad is ignoring the agreement to remove the military -- >> it's also true that the opposition has not accepted the cease-fire. i think what this reflects is an incomplete, inadequate arrangement negotiated by kofi

annan. both syrian foreign minister and leaders of the opposition have been in moscow the past two days and it may well be the russians are trying to fix the deal. but in terms offing in optimism for a cease-fire taking place tomorrow, i think you can restrain your optimism. megyn: what should we be doing? look at this little girl. it's one child and thousands have been killed. but you look at this little girl and it's only human instinct to say we are the united states of america. what should we be doing if anything to help? >> there is so much we should be doing. it's frustrating to watch our inaction. these things are test of wills. you don't win the contest of will by inaction, los angeles of decisiveness. ambiguity. you take positive action. the first action i think we should do is establish a combined joint task force

headquarters that would be under the control of central command who has responsibility for this area. invite other countries to participate and place it in turkey or in italy. and begin to give it missions to perform. first would be to provide assistance to the free syrian army. they need communication equipment, they need anti-tank weapons and other large weapons. we should establish a safe zone in northern syria where the people can move to. that's where the army is weakest. we should also as leaders in our country suggested, we should establish a no-fly zone to keep those airplanes on the deck. and we should make it clear to assad that we are not going to stand idly by and watch him continue to slaughter his people and the on option he has is to step down. we say that but wore not

carrying out any actions to back up those words. megyn: what if anything should we be doing on the diplomatic front? our u.s. ambassador to the u.n., susan rice said if the syrian government refuses to implement its commitment then i think it will be clear to all there isn't a prospect for a diplomatic solution. >> i don't think there will be a diplomatic solution. it certainly won't happen through the united nations. russia and china have demonstrated that through their veto of the resolution some months back. the big difference between syria and libya is the role of iran in back up the assad regime. i think it's a mistake to believe we can contain this -- any american involvement to syria. i think we need to go to where the real source of the problem is here and that's tehran. and i don't think our

administration has the -- has any intention of doing that. to paraphrase donald rumsfeld you go to war with the president you have and i don't think this president is competent to handle this. megyn: general keane, your thoughts on this? >> they are up to mischief in every country in that region. their clear strategic objective, they want us out of the region and they certainly want to destroy the state of israel as well. the head of the kuds * force is in area with hundreds of force members helping destroy its people. it clearly are the iranians. and we have to deal with both to accomplish our national objectives and national interests in this region. megyn: why wouldn't we be taking

a leadership role in this? >> first of all the, i don't think they would do anything before this election and that's tragic. secondly they see the worst case more than the positive case. the case being we get bogged down. it takes longer than expected. there is casualties. there is another involvement in the middle east after afghanistan and after iraq. and -- but the fact of the matter is, it's u.s. leadership that will make the difference and bring this thing to completion. the positive step forward is assad's removal. and that is probably not going to happen without some involvement on our part. megyn: we shall see, less than 9 hours away from the supposed cease-fire. coming up what appears to be a major development in the shooting death of trayvon martin. we'll have much more on the post

reporting on charges to be brought. they cite one law enforcement official close to the case that says george zimmerman is going to be charged. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ what ? customers didn't like it. so why do banks do it ? hello ? hello ?! if youbank doesn't let you talk to a real perso24/7, you need an ally.

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be bringing charges. now year hearing reports that she'll hold a news conference at 6:00 east coast time in sanford, florida or jacksonville, florida. she said she would announce whether she was bringing charges in 72 hours. so now as we approach we are getting close to that three-hour window which we can anticipate. sometime in the next 25 minutes we should get notice of where and when this press conference will be held. we still do not know the charges that george zimmerman could be facing. you said first-degree murder is off the table so there are a couple different options.

when this whole thing went down, the police chief said this was the what it was supposed to work. that they didn't have the authority or evidence to file charges against george zimmer maine and they would leave it up to a special prosecutor somewhere down the line. that appears to be the way it's going. it's our understanding sometime in the next three hours we should hear from the special prosecutor. and we should find out exactly when and where that news conference concerning these charges should be held. megyn: you have been doing a lot of reporting on the facts of this case that have gotten lost in the rhetoric and emotion and passion of the case. trace, he knows what happened in terms of what has been reported. i want to keep you here. kimberly guilfoyle and lis

weihl, i want to say, that my contact down in florida said and peninsula cory is the best of the best. she is fair, that she is fair and she'll take an independent look at this and try to make a decision outside the pressure that's been put on her and the officials down in florida. let's talk about the possible charges. manslaughter, second degree, right? what many the difference? what makes the difference? >> intent. manslaughter you don't have to intend somebody winds up dead. first degree premeditation. that's not in the box anymore. about it will come down to intent. megyn: if he intended to kill trayvon martin, then second degree. fit was an accident, then manslaughter? why no charge? >> first of all you mentioned earlier correctly about first degree being off the table which i think is appropriate give what

we know that has been reported. this wasn't that type of case and at least the 911 call shows that. but then his conduct wasn't allowed within the bound of the law or did he act in a way with conscious disregard for human life where malice can be implied where there isn't intent to kill but his conduct was so outrageous, did he not retreat? did he go back? those from the nuances that will prove crucial. then a step below that would and manslaughter where he didn't intend to kill. but it's a lesser degree. perhaps' a grayer of an area. megyn: you didn't intend to kill but you did something that was reckless. >> and resulted in the death of trayvon martin. megyn: if she believes pure

accident, if she believes stand your ground law applies, no charges. >> she may be letting a jury decide on that issue. megyn: is that up to the jury? >> it's up to the charging d.a. to start the ball rolling but a jury will decide whether he was standing his ground. >> she could make an election to not charge the case. and have that other vehicle open to her to go to a grand jury. she decided to disband with that and make the charging decision on her own which is a courageous and important decision. there is a lot of emotion high on both side. now a jury will be able to heart facts in evidence. the girl friend trayvon, what did she have to say. is there a videotape out there in anyone in the surrounding area that can say this is what i

saw. >> she could not ethically bring these charges if she doesn't believe it. she couldn't understand prosecutor ethics bring this. megyn: you are not saying this explicitly but you are speaking to the pressure this woman is under. we have all been watching. a lot of people have been concerned about how this case was handled and why certain brug tests weren't performed. but having gone out and called him a thug, having gone out and called him a devil. we heard this from congress people about george zimmerman who have no idea what they are talking about and that ups the ante for a prosecutor trying to make a decision based on the facts before her. >> or the president saying if he had a son he would look like trayvon. people may be well intentioned. there is going to be an issue as

to whether there will be a change of venue. megyn: she can be tried anywhere now. >> you can be familiar with the case and the facts but can you still be fair and impartial. that's the test. megyn: here is the situation for george zimmerman. if he murdered trayvon martin than a jury of his peers will judge him and he will be held responsible. if he did it, if it is a situation of self-defense and he's found not guilty, not on does he have the pressure of this nation on him, but his own lawyers who did say they still believe him. they didn't throw him up the river like that. but to come out and talk about his deteriorating mental state and suggest in the people's minds we don't know where -- he left the state of florida -- take a listen. there is a question about where george zimmerman is right now. >> i will not tell you where george zimmerman is because i don't know.

but for those engaged in the easter egg hunt look for them, you can stop looking in florida. which is also a reason why we didn't meet with him. because it wasn't reasonable. megyn: the media relations department for the sanford police are saying they have not heard anything about charges being brought or about a press conference. if they do they will put out a press release. megyn: george zimmerman has no lawyer right now. his former lawyer is talking about his mental state and where he is, an has -- al sharpton who held a news conference demanding he be arrested. >> the new lawyers will have to deal with those comments. they will have to deal with the comments from the former lawyers. >> he might be in a position where he's securing counsel. i think they were trying to save face because they knew they were probably going to be off the case because mr. zimmerman

distanced himself. i would not be surprised if he is charged that those lawyers will come forward. the new counsel. megyn: we'll have much more on this breaking news right after the break. don't know away. all right, let's decide what to

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we're more than 78,000 people looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: amid multiple media reports that george zimmerman will face criminal charges in connection with the shooting death of trayvon martin. we are learning the police department handling the case is saying they have not heard anything about this. trace gallagher brings us up to speed. >> reporter: fox news confirmed there will be a 6:00 p.m. news conference concerning charges being filed against george zimmerman. that news conference will not be in sanford, florida, it will be in jacksonville, florida, 2 1/2 hours outside of orlando. megyn: that's where the prosecutor is from. >> reporter: that's right. that's where the news conference will be held. you have got stations scrambling

to get trucks up there to cover this thing in 3 hours 10 minutes from now. i wanted to go back because i was listening into your dialogue with the two lawyers kimberly and lis. you go back to the surveillance video of the night of the shooting. this is george zimmerman being brought in. they had different angles on this and there were media reports out there that he showed up at the police station with no blood on his face and no visible scars in back of his head. yet we looked at this tape again and again and you could clearly see the police officer look at the back of george zimmerman's head and you could see what appeared to be welts or lacerations on the back of his head. that's key because remember his contention is when he got back to his truck, that's when trayvon martin approached him and said do you have a problem, he said no, and martin said,

well, you do now. and bunched him in the nose and jumped on top of him and began beating his head against the sidewalk. that's his version of the event. there is a witness the police have that back up his version of the events. but there were 7 by our count 911 calls made by residents in the area by residents who say they heard shooting and screams and from their estimation those screams were from trayvon martin not george zimmerman screaming as he said he was. we'll find out what charges will be filed in 3 hours and 10 minutes. megyn: all of that videotape evidence will prove crucial if they are going forward with charges. we'll add to our legal panel. we have kimberly and lis and our original "kelly's court" partner joey jackson who is a former prosecutor and now defense attorney and david wolf.

five lawyers on the screen. you are well taken care of, viewers at home when it comes to legal analysis on this case. joey, in terms of the defense of this case, so many thought in the wake of that 911 call in which the 911 operator told george zimmerman you don't need to do that in terms of following trayvon martin. one was armed, one wasn't. and then something ensued in which there was a shooting and trayvon martin was killed. so many thought that is good enough for me. he did it, he should be charged with something. but now as the case as gone on people have been pointing to the fact that he may have retreated. we don't know whether zimmerman listened to that 911 operator or not. if he can prove he went back to his truck and trayvon martin came over to him, does that change the whole situation? >> it does and here is why.

the defense is going to isolate the different instances. they are going to say he may have initially pursued him. that's one matter. however, at the point where he initially pursued him, even fit was over the objection of the 911 operator. the defense will argue that's not the critical inquiry. after he did that if george zimmerman decided to go back to his van or truck and at that point there was some confrontation that's what the defense will focus on. did that in fact entail him, george zimmerman to get the protection of immunity of the stand your ground law. if trayvon martin was speculating, we don't know. if at that point there was an imminent fear for george zimmerman's life and he acted in response to that it changes the equation. megyn: it's easy for to us say this is where the initial threat

ended and the second threat began. zimmerman ended his initial threat and trayvon created a second threat. but life is different. the prosecution, if they charge zimmerman they will argue he was the one following the 17-year-old. he was the one who was armed. he was the one who created the dangerous circumstances. and even if he can convince a jury, he retreated when told to do so by the 911 operator. he planted the seed in the mind of a 17-year-old that a conflict was about to start and trayvon martin should get in the aggressive end of it rather than being on the receiving send of it. these are the arguments we are likely to hear. >> if zimmerman abandoned his pursuit and went back to his truck. the question is if trayvon martin attacked him. what scale of attack took place? was it an attack that risked

great bodily injury or death tore zimmerman. he can use deadly force to defend himself. fit was a punch in the nose and a push back and then he was shot within that does not justify deadly force. so that will be a critical issue. the prosecutor decided neither the stand your ground law nor self-defense applied here. if she hadn't decided that she couldn't legally file charges or else she would find herself in the same boat as mike nifong was. so it will be critical the elf of attack that took place if trayvon martin attacked him. was his head being barbed into the concrete? if it was, anyone would use deadly force to defend themselves against that type of attack. megyn: don't you agree rsh i think all four us agree with zimmerman created the

circumstances of the confrontation and did not retreat, then stand your ground law does not apply. he creates the circumstances in which he gets attack. then the stand your ground law does not apply. he has to argue he did retreat. doesn't he? and we don't know whether that's true and whether there was a break in the initial pursuit. maybe he's got some evidence we don't know about. >> he's going have to take a stand. >> he will have to say he came staff me, he became the aggressor. i had the right and ability to defend myself it's a question of fact for the jury. and the level of what level of threat. was he taking a beating. there are reports that trayvon martin was a big kid. so if he's taking it in the face and he's hit his head you have got a completely different

ballgame. megyn: what kind of faith will the american people have in these charges when the initial prosecutor decided not to charge him. the local police decided not to charge. >> lis and i talked about this. i think a grand jury is always your best vehicle because that instilled public confidence. they'll hear the evidence, as a result of that evidence they will decide whether to charge. when a prosecutor unilaterally do it you wonder whether there is politics in it. and so i think a grand jury certainly would have been the best vehicle. having said that, it's not. therefore at trial we'll determine what happened. but one critical point, ultimately the force used has to be proportionate to any threat that was posed. and that's what's going to be important. if he felt this was his life-threatening. then you are allowed to use deadly force. but if the force was not

proportion that, zimmerman has problems. megyn: david, what do you think is the most likely charge here? >> i really think this is going to be a combination of legality and political constraints. or political issues. i believe they will charge him with second degree murder. i belief that will create a major murderle for this prosecution simply because he's the only witness, zimmerman. how critical is it in the photos other documentation of his injuries. that is where it's going to rest on. megyn: very circumstantial. joey, quickly. what is the charge going to be? >> i tend it will be manslaughter. i think manslaughter would be a charge the prosecutor is likely to be able to prove based on facts eafngd. second degree murder would be a big stretch. >> i agree. megyn: if she can move that he didn't retreat and he went after

him -- >> manslaughter is much safer. megyn: thank you also much. that will do it for us. thank you for watching. [ wind howling ]

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