at ann romney for being a stay-at-home mom. saying in an interview, the mother of five, ann romney, grandmother of 16, quote, never worked a day in her life. >> what you have is mitt romney running around the country saying well, you know my wife tells me what women really care about are economic issues. when i listen to my wife that's what i'm hearing. guess what? his wife has actually never worked a day in her life. she's never really dealt with the kinds of economic issues that a majority of the women in this country are facing how do we feed our kids, how do we send them to school and, how do we, why we worry about their future. megyn: immediately after rosen made those remarks last night, ann romney took to her twitter account and for the first time ever, sent out a tweet that read as follows. i made a choice to stay home and raise five boys. believe me, it was hard work. but today rosen did not back down when given the opportunity and instead she

appeared to double down on her comments. >> this isn't about whether ann romney or i or other women of, you know, some means can afford to make a choice to stay home and raise kids. most women in america, let's face it, don't have that choice. they have to be working moms, and home moms. and that's the piece that i am not hearing from the romney camp. instead everybody is attacking me. that's fine. attack me but does not erase his woeful record on this issue. megyn: and she went on, hillary rosen, did on her twitter account, to continue attacking ann romney and just a few minutes after she gave that on-camera interview with cnn this orange in, then mrs. romney came on fox news and defended her husband and the attacks against him when she was spoking -- speaking with martha maccallum. >> that is not correct at all. you should see how many he listens to. that is what i love about

mitt. he has so many women in his circle. his chief of staff when he was governor. in business, so many women surround him that he respects and admirers. his lieutenant governor, when he was governor, carey healy, he respects enormously and respects her intellect. that is a complete misperception. megyn: while we wait for the white house, chris stirewalt joins me live, fox news digital politics editor and host of "power play" on foxnews.com. chris, this woman hillary rosen has close ties to the white house. according to our information she visited the white house at least 35 times, at least visited the white house 35 times. general david petraeus has visited the white house nine. she has visited 35. petraeus is nine. she is the can part of the communications firm, remember anita dunne, glenn beck red phone, the two of

them are managing directors in the same communications firm. this is their business. this is their expertise communications and messages, yet david axelrod of the white house and jim messina of the campaign have come out and condemned her remarks. so are the american people to believe that she has the blessing of either the campaign or the white house or should they not believe that? >> well, i don't know what the truth of the matter is but for somebody to, who has this much entree at the white house, somebody who is part of sort of the obama establishment team obama, that universe and certainly that firm has a lot of sway inside democratic politics, this is not some fringe player. this is somebody who is at the heart of this and i think whatever it was, this was a bad miscalculation. whether it was part of a larger strategy to try to discredit ann romney who is a great asset for mitt romney in the campaign or if it was just an error

in judgment by hillary rosen, whatever it was, it was a very bad choice. megyn: and now, and now are we at a point, chris, where the so-called war on women, that the democrats have been telling us about now for weeks has seen a bit of a reversal or at least has seen the momentum that the democrats have been gaining on this issue come to a bit of a abrupt halt? >> when they were talking about contraception and talking about rick santorum they found a very favorable ground here. this was something they could try to paint republicans as extremists on and they had, they had the advantage there. as they tried to carry it out to economic issues they have had a lot more trouble. it has been much more difficult. as a matter of fact, it was just last week the president got in trouble when he was talking about women's economic issues for categorizing women staying at home with their children as a luxury item, something for the well to do. megyn: well, that's the question. that raises a question whether this is some sort of

new message coming from the white house or the campaign. you know the president last week characterizes being a stay-at-home mom as a luxury. and then we have this woman who is very closely tied to the president and his advisors who just use -- at the state dinner they had just last month, making comments on it. and now, now we're hearing that jay carney the white house press secretary taking questions on it at this moment. stand by, chris. >> you bet. >> secondly the romney campaign claims that hillary rosen is tight with been here 35 times for consultation. is that correct? and 35 visits by any democratic consultant confer any particular status on her as far as being close, or any kind of advisory role at the white house? >> let me say a couple things. first of all i have not spoken with the president about this so i don't have anything to report to you on that. secondly i think we can all

agree, democrats and republicans that raising children is an extremely difficult job and that is true for all mothers as well as fathers. but we should also focus on where we disagree. it is not coincidental that the very first piece of legislation that this president signed when he entered office was the lilly led better free pay act. it had passed congress and president signed it into law. why did it take president obama entering office being sworn into office to have the fair pay act bam law? because republicans overwhelmingly opposed it. and and presumably still do. when the president took office we were shedding roughly 750,000 jobs a month and men and women across the nation were feeling the pain of worst recession since the great depression. we have seen 25 straight months of private sector growth resulting in 4.1

million jobs. when it comes to women in the economy, there has been a particular focus, as you know, just recently last week there was a forum here to discuss exactly what we need to continue doing to ensure that women are able to get to work with good-paying jobs that can help their families and help them make ends meet. i would note, again, that one of the principle elements of the american jobs act was a provision, and this is the president's american jobs act, was a provision to provide assistance to states to rehire 400,000 teachers. as you know in this period of 25 straight months of private sector job growth there has also been reductions in jobs, in state and, states and localities

because of pressures on the fiscal, on the budgets of states and localities. this assistance would have ensured that 400,000 teachers would have gone back to work. teachers, as you know, women, represented disproportionally in our teaching core across the country. republicans overwhelmingly opposed that provision. in the ryan budget, the ryan republican budget, 400,000 students would lose pell grants in 2013 and another 465,000 students would lose pell grants in 2014. in addition, nine million students would experience cuts in their grants starting in 2013 which would deepen to as much as $1150 per student. roughly speaking divide all those numbers by half in terms of the impact that those cuts would have on women. the head start program in 2013, a $430 million cut to the head start program would result in 60,000 low-income

women, children, low income children losing access to early childhood education. after that $1.5 billion cut to the head start program would result in 200,000 low-income children losing access to early education. as some of you know one of the cuts that would occur, by our analysis, if the ryan republican budget were enacted into law would be to women infants and children program. a program that has had long-standing bipartisan support. the republican house budget resolution cuts 350 million from the special supplemental nutritional assistance program for women, infants and children. cuts of this magnitude would require kicking about 700,000 pregnant or postpartum women, infants and children off wic and denying another 100,000 receiving critical foods for necessary healthy child development. i could go on and i will. if i'm asked. >> 35 visits? >> first of all, i haven't

seen the records. i don't know that hillary rosen, i know three personally, named hillary rosen. i'm not sure that those represent the person we're talking about. necessarily. so i really can't comment on the number of visits and i'm not sure that is accurate. >> how about the degree of this particular hillary rosen's -- >> i don't know how many times she's been here the she is not, she is a democratic strategist. she's a cnn contributor. as far as i know, and, i, i don't know how to assess her overall relationship with people here in the white house but i do not, i have not seen her here very frequently. >> do you expect that relationship to continue at whatever level it is? >> again, i don't know what the relationship is. let's focus on what the issue here is. this is a, when it comes to, what this administration has

done for women, it begins with the president signing of the lilly lead better free pay act. it continues with the emphasis on the need to put teachers back in the classroom. it continues with a variety of programs including our opposition to the ryan republican budget and its dramatic cuts. medicare, for example, i'm sure many of you know that medicare benefits go disproportionately to women. ending medicare as we know it forcing seniors to bear the brunt of the cost of tax cuts to the wealthy would harm women disproportionately. these are real, fundamental, policy decisions and i think that when people look at those contrasts and those disagreements it bill be quite clear what president

obama's pgs is and what his policies are. jeff? >> jay, you mentioned that the president and president sarkozy talked about the oil markets. did they discuss the possibility of releasing oil reserves? megyn: well, a several minute-long response to the very first question we heard there about this very issue that we opened the show with and this comment from this top democrat, hillary rosen, about ann romney and how she has never worked a day in her life because instead of being out in the professional paid workforce, she was a stay-at-home mom. and you heard jay carney's response. chris stirewalt is still with me. what did you, what did his response, which i mean clearly he was ready to say what he wanted to say and literally was reading appearing to be democratic talking points when it comes to the president's accomplishments when it comes to women from the lecturn but what does that tell you? >> response is a very strong

word for what we just listened to. he did not actually respond to those questions. he didn't actually respond to the issue. he talked about what the president has been talking about, which is, an argument that rich republicans are trying to take advantage of poor people and take things away from them and using this budget math that they have applied to ryan's budget, paul ryan's budget saying it would take these things away from people. i think what we're seeing here, and i think it became clearer now is the that on the issue of, women, and women in the workforce, you see the same sort of class dichotomy playing out here as you do on everything else. in this case it's describing women of privilege who are, have the luxury to stay home with their children versus the working moms that the obama campaign is working very hard to court. they did not do as well with married women with kid last time. and they probably will do

even worse this time around. their goal is to get single moms and single to vote for them and vote for the president in the same kind of numbers they did before and there you see this sort of class division, the haves versus the have-nots. megyn: what kind of risks are there to this white house in trying to draw that kind of a line, trying to pit moms against one another? trying to get the, stay-at-home moms who have money to get, to be targeted or disliked by the working moms who don't have as much money? i'm already getting e-mails from a lot of military wives who are stay-at-home moms, saying, it's not a luxury. we do it because our husbands travel. we want to take care of our children. what are the risks in trying to draw lines now between moms? >> it's, it's a amplification of the central risk that the president's undertaking with his message to go after romney as a very rich person. and, talking about his tax

policy, talking about everything else. he lays himself open to the criticism of two things. one he is dividing not uniting. that badly damages his brand from 2008. worse than that he lays himself open to criticism as he was famously everyheard saying some time, trying to spread the wealth around. that is not a popular provision. that is notting people like. what you take it to moms, take it there to say one kind of woman is a luxury, person, because they stay at home with their moms, versus somebody who has to go out and work, i think probably a lot of moms in this country who are swing voters in swing states who believe they are suffering some deprivation, they are not living as well, because they choose to stay at home with their kids. that they're foregoing luxury, not experiencing luxury as a result of that choice. >> it was interesting, not to hear jay carney condemn those comments explicitly but to sort of move on from them and talk about the

lilly led better act but not to condemn explicitly those comments. we only heard from campaign representatives, messina and axelrod, not the white house. we'll see whether this is some strategy and whether it will be effective. chris, thank you. >> you bet. megyn: coming up right here, a very rare opportunity. we will speak to another woman who chose to raise her family instead of pursuing a career in the professional work place and that is, former first lady barbara bush. we will get her thoughts on these controversial comments about ann romney and stay-at-home moms in an exclusive interview right here on "america live". plus if you would like to hear ann romney's entire interview on fox news, martha maccallum sat down with her this morning. it is on foxnews.com on the "america's newsroom" show page. fox news alert. we are awaiting the very first court appearance by accused shooter george zimmerman. a look inside of the

courthouse in sanford, florida where this hearing will get underway anytime now. zimmerman is the neighborhood watch volunteer who is now charged with second-degree murder in the shooting death of teenager trayvon martin. zimmerman expected to plead not guilty in this case. he has been in hiding since the story broke in february but he is in custody now. trace gallagher in our west coast newsroom. trace, one of the big questions in this case whether george zimmerman continued to follow trayvon martin even after the 911 operator told him not to the and that speculation increased yesterday in the wake of the prosecutor saying this is a second-degree murder case which led a lot of people to say does she know the answer to that question and the rest of us do not? >> reporter: its' very important to point out, megyn, that call from george zimmerman to police dispatch was 4 minutes and 3 seconds. you can hear george zimmerman get out of his

truck and pursue trayvon martin listen to his voice and breathing and wind in the cell phone. play it. >> okay. which entrance that he is heading towards? >> the back entrance. [bleep]. >> are you following him? >> yeah. >> we don't need you to do that. >> okay. >> all right, sir, what is your name? >> george -- he ran. >> he ran says zimmerman but the call goes on for an additional 1 minute and 25 seconds. zimmerman telling police his phone number where he can meet him. it if he is telling the dispatcher the truth he stopped pursuing trayvon and lost track of him. listen he is no longer breathing hard and listen how low his voice is. play it. >> do you live in the area? >> yes, yeah. >> what is your apartment number? >> it's a home. it's [bleep].

oh crap, i don't want to give it out. i don't know where the kid is. >> you want to be with him near the mailboxes then? >> yeah, that's fine. >> reporter: we know in seconds after that call there was confrontation and struggle between zimmerman and tray trayvon martin. hear is the only witness we know of, listen. >> the guy on the bottom who i believe had a red sweater on was yelling to me help, help, i told him stop and i was calling 911. when i got upstairs i looked down the person beating up on the ground was laying in the grass and i believe he was dead at that point. >> reporter: seven other people called 911. many of them thought it was trayvon screaming. >> i can't see him. i don't want to go out there. i don't know what is going on. >> they're sending -- >> so i think he is yelling help.

>> yes. >> all right, what is your --? gunshot skrot. >> there is gunshots. zimmerman at the scene he called for help and no one came. zimmerman was bleeding from his nose. the back of his hid. the back of his head was wet with grass stains. you see police surveillance looking at back of his head, that was at police station checking him out. the question now, megyn, how did george zimmerman go from apparently meeting police and ending a phone call to a con tron operation with trayvon martin? that will be one of the big issues a jury quite possibly will have to deal with in this case as we await his first appearance. megyn: still more questions than answers in this highly-charged case now. trace, thank you. >> reporter: yep. >> we're going to have much more on that coming up right here. you saw the white house take a pass on a chance to disavow an attack on ann romney and stay at home moms from a high-powered democratic consultant, a woman who has been to the

white house almost three dozen times according to the white house logs. coming up we'll speak live with former first lady barbara bush. she said she was shocked at this attack. that exclusive interview here on "america live". plus on the campaign trail four years ago, candidate obama promised to unite all americans from so-called blue states and red states. there are new claims the president's re-election company pain may be doing exactly the opposite. we'll have a fair and balanced debate just ahead. >> i don't want to put red america against blue america. i want to be the president of the united states of america. [ kate ] most women may not be properly absorbing the calcium they take because they don't take it with food.

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>> i don't want to pick pit

red america against blue america. i want to be the president of the united states of america. ♪. megyn: it was just four years ago that candidate obama promised to be uniter of all americans whether or not you lived in so-called conservative red states or liberal blue states but republicans now say the re-election campaign of president obama is doing exactly the opposite. go to the tape. >> they keep telling us that if we convert more of our investments in education and research and health care into tax cuts especially for the wealthy, our economy will grow stronger. you've got to tell seniors to pay a little bit more for their medicare. you have to tell the college student we'll have to charge you higher interest rates on your student loan. they keep telling us if we strip away more regulations and let businesses pollute more and treat workers and consumers with impunity that

somehow we would all be better off. that's not right. middle class has seen enough of its security erode over the past few decade, that we shouldn't let that happen. this isn't a partisan feeling. this isn't a democrat or republican idea. it's patriotism. megyn: joining me now for a fair and balanced debate, simon rose ben -- rosenberg, founder of progress i've new democrat network, former advisor to bill clinton. and mark american enterprise institute and former speechwriter for president george w. bush. the general election appears to be underway. one of the first complaints against president obama he is violating his promise to be uniter instead of a divider and pointing to sound bites like the one we just ran suggesting he is drawing a line between red and blue america, calling you not patriotic if you don't agree with his ideas.

>> well he has been dividing red and blue and pitting red and blue america against each other since his first day in office. he promised to be the first post-partisan president but he has been one of the most hyper partisan presidents in recent memory the proof behind him compare to his immediate predecessors. when simon's old boss bill clinton came into the office one of the first things he did was reach across the aisle to republicans was major initiative. north american free-trade agreement. george w. bush, my old boss came into the office one of the first things he did was reach out across the aisle to ted kennedy, liberal lion and work with him it write, pass sign into line the no child left behind act. by the way also we forget it now but the bush tax cuts were passed and negotiated with democrats and passed with bipartisan majorities. when barack obama came in the office he reached across the aisle. he invited republican leaders to the white house, sat then document looked

them in the eye, elections have consequences i won. he had 60 votes in the senate and control of house and he told them he didn't need them. what he did he rammed through obamacare. he rammed through trillion dollar stimulus on part line votes. result of it is quite frankly that he really has no major significant bipartisan achievement that he can point to in his first term in office. megyn: simon has he been a uniter? >> i think so. i mean if you look at just let's talk about what he has done as president, right? he has given tax cuts to 97% of america in all 50 states. he he has given, we'll have health insurance now for all americans, not just part of america but all of america. the investment he made in workforce training and education gone to all 50 states, to give people more and better skills and so, i think in terms of what he is actually done as president he is trying to have policies that are going to lift the boats up for all americans. and i think it has been very actually very focused on this as president. so i reject, i think this is

all kind of election year silliness here and the final thing is, he is at 51% in the polls. he got 53% of the vote in 2008. that is the strongest showing a democrat has had going all the way back to the 1960s this notion somehow he is this hard partisan the country is rejecting that is not how the american people view it. maybe how mark sees it but not how the american people see it. megyn: go ahead, mark. >> simon, nice effort. not one of those things you mentioned was a bipartisan major bipartisan initiative. fact is, look he is still pitting red america against blue america. that is controversy over contraception is about, pitting red america against blue america. that is what the buffett fight is all about. he is pitting, said other day it is just a gimmick, campaign gimmick to pit class warfare and pit americans against each other. this is what the democrats wanted in 2008. simon you're a new democrat. you're a clinton guy. and the democrats had a chance to pick another clinton for the white house and they decided, they

didn't want anymore moderation and triangulation. they wanted real deal this time. they were sick the deals bill clinton cut with republicans. they wanted a true liberal in the white house. they rejected your ideology and hillary clinton's ideology and went for a liberal president and that that is how he governed. megyn: what do you think, simon. >> i like mark. he is good. bring him back, megyn. megyn: i feel unity right now. >> we're all in this together, red and blue here. but look you and i were in charge we would have lots of bipartisanship. listen i think hell will freeze over before that happens, mark. listen, i think the president is, in a strong position for re-election. the american people are behind him in this election. he is up at 51%. republicans are struggling to connect with the american people right now. and the truth is, you know, we've improved the health care system. the economy is recovering. it is clear as day that is

happening. things are getting better in america. he has been very competent, strong on foreign policy. to me the most striking poll date that this week was in the "abc washington post poll" that had on question of who is doing a better job on health care, barack obama was beating mitt romney 48-38. even on health care the president is seen by the american people as having done a good job. this will be a very competitive election but i think he is going into it very strong right now. megyn: good job. both of you, thank you very much. always good debate when the moderator has to say virtually nothing. coming up we're minutes away from george zimmerman's first court appearance since he was charged with second-degree murder in the shooting death of trayvon martin. we'll take you live to the florida courthouse. you will see it unfold here. we'll look at where the political fallout goes from here. controversy when a popular tea party congressman saying on tape there are 80 members of congress who are actually communists but does the tape tell the whole story?

congressman allen west's office says it does not. we'll look the tapes for the answer. a bump in the america's road to recovery. what has the experts worried? plus coming up, barbara bush. [ male announcer ] what can you do with plain white rice? when you pour chunky beef with country vegetables soup over it... you can do dinner. four minutes, around four bucks. campbels chunky. it's amazing what soup can do.

megyn: fox news alert, we are just moments away from the moment at which george zimmerman is expected to make his very first court appearance since he was charged with second-degree murder in a shooting that has, as you know, become a national controversy.

this is his latest mug shot. we are looking live inside the courthouse in sanford, florida. people have access to virtually every public proceeding, so we will see this unfold live together. zimmerman, we are told, will plead not guilty in this shooting death of unarmed teenager trayvon martin, and we expect zimmerman's attorney, his new attorney, to seek to have him released on bond. but in addition to the legal process, the political fallout from this case is still unfolding. minutes ago the white house press secretary took back to back questions on gun control related to this story. joining me no to discuss that aspect of it -- and there you see angela corey, the prosecutor, entering the courthouse -- joining me now is david webb, co-founder of the tea party 365, and sally congress who is a -- sally kohn who is a fox news contributor. let's just stand by as we take a look for the fist time at -- for the first time at george

zimmerman entering the courtroom. >> i will say for the record i just received a two-page affidavit signed by investigators gill breath and osteen to stand for probable cause for the filing of an information in this matter. so if you want him to appear, do you not? >> yes, i do, your honor. [inaudible conversations] >> i didn't recognize him next to you there. all right. >> mr. zimmerman, you're appearing here for your first appearances, or first appearance at this time for charge of murder in the second degree, and you are represented by mr. primary rah, is that true? you have to say nothing, and we'll go forward here on some procedural matters at this time. after reviewing the short affidavit for probable cause, i do find that probable cause for the charge as put in the information. now seeing that there's an information that was filed as of last, yesterday at 4 p.m., all other matters at this point will be handled by the circuit court

under the felony case number. that includes the further, any further motions, bond hearings, anything like that now will go forward. all i can do is tell you at this time is that you will be set for formal arraignment with judge rex idler on or -- not before, but on may the 29th, 1:30, courtroom 1a and mr. o'meara, of course, will be in for that. i show he has good and adequate counsel. he's well represented at this stage and that that date will hold. that is the right date, right, madam clerk? let's get that straight. >> [inaudible] >> yep. may 29th, 1:30, his next official court date at this time. all other matters, therefore, will be taken up with the circuit court at the courthouse. mr. o'mara, agree? >> we agree, your honor. >> very good. state, anything else? >> no, sir.

thank you very much. >> on that finding, this hearing of first appearances is concluded. your time, and i know you've got to make arrangements for everybody, and then we'll get the rest of the group this there, and we'll take a short break, okay? >> thank you. megyn: well, you could see there a mostly-procedural appearance this which the judge took care of just some housekeeping matters, another hearing set for, now, may 29th with his new attorney, mark o'meara, you heard about how his other attorneys had announced their relationship had ended. now he has new counsel, he is represented by someone with, from all accounts, a solid reputation in the florida legal system. but there are still a lot of questions around this case. look, the trial's going to play out, and that man is entitle today a jury of his peers, and he's going to get it. we can only hope that the american people will stand behind whatever that verdict is, guilty or innocent. that's how the system works. but there's a question about the political fallout, and for that

we have sally and david with us now. there is a question about whether there is some level of disappointment from the re rend al sharpton -- reverend al sharpton, folks who had been making this into a larger issue that charges came out, that he was charged with second-degree murder because now they no longer have a narrative that the system is unbalanced or pitted in a way that's unfair. >> and while they were doing this, by the way, the joining up the race baiting and all the other issues they did, the system was playing out to the point where we just reached on camera. that wasn't, that didn't happen in the last 24 hours, it was in process, it was being investigated, witness statements being evaluated. and it's just that their goal was to take into it a political narrative, and we saw that play out by the cbc. they introduced a resolution which calls for the repeal of the controversial stand your ground law which jennifer carroll, the lieutenant governor -- someone i know -- is doing a full review of.

she's an honest woman. and they've gone into the political arena with frederica wilson, the democrat from florida, who took it to the floor of the house -- megyn: that's the woman with the cause si hat with the rhinestones who's been saying trayvon martin was hunted down like a dog with no evidence. [inaudible conversations] >> i want to go back to the cbc for a second -- megyn: quickly, then i want to get sally in. >> racial bias led to the use of deadly force. we don't know what led to the use of this force yet. this is how they're trying to coin the political foundation -- megyn: racial bias led to the attack? members of congress saying that? >> there are a lot of senses on both sides -- assumptions on both sides. megyn: is that okay to have our elected representatives telling us what happened in a case in which -- >> i haven't read those statements, so i'm not going to -- megyn: you've seen frederica wilson. >> i know. and i don't like the house -- [inaudible conversations] megyn: i'm going to let you say what you want to say, but i want you to speak to that point

because that was very jarring to a lot of people to see her and other members of the congressional black caucus come out and tell us what happened. he was hunted down like a dog. >> i know. megyn: how do they know? >> look, i think you're right that on both sides it's inappropriate to rush to judgment here, and i don't think that reverend sharpton or reverend jesse jackson or anyone is disappointed by this, and i think the most important person we can cite is trayvon martin's mother who said this is all we wanted, an arrest and a trial. we have to be very clear on all sides of this debate that justice is not an outcome, justice is a process. the appropriate thing to have happen in this was a trial. anyone looking at this even without the benefit of the facts that the prosecutor had should look and say, you yourself said it, it looked like he should be arrested and there should be a trial. now, i want to disagree with david that we would not be at this point had there not been the public to tests -- megyn: well, that's true. >> right. megyn: sharpton, i had to give

it to him yesterday, he said a decision appeared to have been made not to charge the case, that's when people got upset. >> and i also think it's appropriate -- megyn: but that doesn't mean he didn't make an issue out of it. >> that's true. i think it's appropriate for the congressional black caucus and activists to note that this is just one case, and there are many injustices -- >> okay. many. megyn: go ahead, david. >> let's get to your question and not the spin. the fact is it was mostly myself, conservative talk and americans who are fair on either side who said we want due process. it was the cbc that came out with this statement. this was put out by them think aboutly to go -- deliberately to go into the narrative. bobby rush with the hoodie on the floor of the congress, rosalynn brock from the naacp calling for how do we get it? vote, vote, vote. this was taken into a political narrative by those people to support obama's re-election campaign. plain and simple. megyn: we will see if political fallout continues in particular on the gun laws, but in the

meantime, the justice system has it, it will plait out in a court of law. coming up, new reaction to these explosive comments about ann romney. barbara bush is here live. [ nadine ] buzzzz, bzzzz, bzzzz, bzzzz, you know, typical alarm clock. i am so glad to get rid of it. just to be able to wake up in the morning on your own. that's a big accomplishment to me. i don't know how much money i need. but i know that whatever i have that's what i'm going to live within.

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megyn: fox news alert, we are just getting news in that democratic strategist hillary rosen has apologized for her comments to ann romney and to anyone else who was offended. this is the statement that's been provided to fox. i'll read -- it's rather long, i'll read it to the extent that i can. let's put the faux war against stay at home moms to rest. i know my words on c, this n last night -- c, this n were poorly chosen. to answer questions about women than he is, i was discussing his poor record on the plight of women's financial struggles. here's my more fulsome view of the issues with the link.

as the partner in a firm full of women who work outside of the home as well as stay at home mothers, all with plenty of children, genter equality is not a talking point for me, it is an issue i live every day. i apologize to ann romney and anyone else who was offended. let's declare peace in this phony war and go back to focus on the substance. we'll have reaction coming up to whether that gets it done and whether that is an apology that will quiet the outrage that she's ignited among many women and others in this country, in particular stay-at-home moms who continue to e-mail this show by the moment. barbara bush joins us in just minutes right here on "america live." and now to the story of how a convicted drug dealer in massachusetts is becoming the new poster child for welfare abuse. kim ball clark was in jail for dealing heroin near a school. he allegedly called a friend from jail telling him to get his ebt card, go to atm, get cash to

bail him out of jail. what the ebt card is and why he was able to use it for bail. >> reporter: yeah. and a guard overheard that conversation, megyn. the ebt stands for electronic benefits transfer, it's the welfare card, and they average about $475 a month per recipient. now, it's unclear if he used the card to get cash because the state says there's no way to track what it was actually used for, but it turns out that bail bondsmen and atms are on the list of places where the ebt cards are allowed to be used. now, massachusetts republican state lawmaker sean o'connell who's actually on the ebt task force said, and i'm quoting here: i fought to get bail bondsmen on that list of places where people could not use their ebt cards. they fought me on it and told me people can't use their ebt cards in that way. well, a boston herald report

found out that ebts were, in fact, being used that way along with buying booze, cigarettes, lottery tickets. now the commission has banned the cards from being used at, again, liquor stores, casinos and strip clubs. but they are okay to be used at the following: atms, jewelry stores, health clubs, rent-a-centers and cruise liners, and as one lawmaker said, you can go on a cruise, go to the atm, get out cash, go in the casino, drink and gamble all you want on the taxpayers' dime, so now thai trying to amend this law. in california you can buy lottery tickets legally with your ebt ticket, megyn. megyn: sounds like the gsa employees. [laughter] all the good time you can have paid for by the taxpayers. thank you, trace. well, it's a memorial for marines who died on the battlefield, but a group wants this makeshift memorial at camp pendleton taken down or else.

we're now five minutes away from talking with former first lady barbara bush about an attack on ann romney from a top democrat and the apology just issued. finish [ barking ] i'm your dog, holding down the fort while you're out catching a movie. [ growls ] lucky for me, your friends showed up with this awesome bone. hey! you guys are great. and if you got your home insurae where you got your cut rate car insurance, it might not replace all this. [ electricity crackling ] [ gasping ] so get allstate. you could save money and be better protected from mayhem like me. [ dennis ] dollar for dollar, nobody protects you from mayhem like allstate.

megyn: want to get you right down to florida where the new attorney for george zimmerman, mark o'mara, is holding a press conference. let's take a listen. >> no, we had actually made a decision before today, a couple hours ago, that i was not going to even seek to have the judge attend to that issue. it just doesn't make sense with where the case is now, with my client's status and, quite honestly, with the attempt to truly calm this case down rather than to demand a presentation of evidence which might only increase the fervor around the case. >> so between now and then, you're not going to make -- [inaudible conversations] >> i'm sorry?

>> [inaudible] >> yes, i did. >> [inaudible] >> yes. >> meeting face to face, can you describe a little bit in detail his demeanor? i know about the -- [inaudible] what is his nearby right now? >> well, he's tired. you know, it's been a very long period of time for him, and he's gone through some tribulations of his own being, you know, the focus of the intensity of this event. um, he is, you know, he's facing a second-degree murder charge now. he's frightened. that would frighten any one of us. but on the other hand, i'm not concerned as some others may have been before me of his focus. he wants -- he's glad the process is in place, he really does hope as the prosecutor said that given the opportunity by the media, by the community to handle this case the way it's supposed to be handled, full discovery, conversations, negotiations, trial if need be, motions if they're appropriate and let us, let the system work. it really, truly, it works.

and now that we have focus on it, it's going to work even better because i'm sure you'll tell us if it's not working properly. >> [inaudible] complete feeling of -- [inaudible] >> my concern -- i'm sorry? >> was he remorseful or apolo apologetic at all about -- >> what i would like to do in that regard is if that conversation is to be had, it should be had directly to the family rather than here. >> why did you ask for a complete -- >> my concern before i was involved in the case was that this matter was being handled in a piecemeal fashion. whether it was police, law enforcement, defense, other witnesses, people who just wanted to be involved in the case, people who saw things. and what happened is i liken it to a picture that you have of puzzle pieces, and you throw out three or four pieces, and you cannot get a picture of it. and the frustration that happens is you see it one way, you see it another way. something's missing and somebody's not answering the

next question, it's really supposed to happen in the courtroom. so if it happens in the courtroom, and if we really look at it and say we're going to do it properly, then we don't need to let it out piecemeal because you're going to misinterpret it, i have to respond to it, they have to respond to it. the job is better done the way we know how to do it. >> what do you say at trial and what are your feelings about a possible change of venue? >> if you were to do a percentage of all criminal cases, very small percentage of them go to trial, higher percentage of murder cases. we're not taking any possibilities off the table of how this case gets resolved. i haven't seen the first sheet of evidence yet, so it's really premature. >> [inaudible] >> i'm sorry? >> how many stand your ground cases have you handled this your career? >> to say, yeah, self-defense cases which is what you're speaking of, a number of them. it shows up in a lot of personal crimes whenever there's battery, aggravated battery, murder. i've not had one to the jury since the stand your ground

statute, but i've had a couple that have utilized that and sort of an impact -- >> [inaudible] >> madam prosecutor knows how to do it, the evidence took her a certain way. i'm not going to make believe i'll go a different way when i haven't seen it. when i see it -- >> mr. o'mara? >> how is he going to pay your fees? >> i'm not going to take any fees right now. there's a process in place that allows the state, actually, to assist in paying costs, nonattorney's fees. [inaudible conversations] >> protective custody? >> seminole county sheriffs on their own, properly so, have him in protective custody. it's a standard measure that they put in place -- >> and i heard there's also been several threats coming into the sheriff's office? >> i have not heard of any.

>> we know his old attorneys -- >> how much money have you made -- >> how is he doing mentally? >> any diagnosis by that should be done by those who know how to do it, psychologists, psychiatrists. i can interact with him, and i think he's in a good place. he does not want to be here. i'd rather not disclose it -- oi don't even know full ri. [inaudible conversations] decided motto. >> [inaudible] >> has he? i really wouldn't discuss what he and i have talked about at all anyway, but -- >> do you feel he's safer at least for the short term the stay in this facility? >> i hope to have him released on bond, and by that time i hope to have a place for him to be safe. >> mr. o'mara -- >> when would that be? >> we don't have it set yet. bond is going to be set probably the next couple of weeks, and

we'll talk about it. i'm about to go meet a judge who has this case, and if i don't, it'll be my first contempt by this judge. i'm not going to take that chance. >> how much money has he raised off the web site? >> i have no idea. haven't been on either one -- >> [inaudible] >> what about the other attorney? >> the prosecution? the new lawyer snore george zimmerman saying he has not yet had the opportunity to see the evidence. he will be given the opportunity now disclosure. at that point he will be better prepared to forge his defense. also saying the bond will be set for his client within the next couple weeks and declining to share this communications with his client which was something george zimmerman's prior attorneys came under fire for doing when they announced they were no longer representing him. more on that case as we get it

here. brand-new reaction this hour to a personal attack creating a political firestorm. democratic strategist hillary rosen just apologizing to ann romney and anyone else who was offended after saying the wife of presidential candidate mitt romney never worked a day in her life, refer together stay-at-home mother of five. the apology comes in the wake of major backlash. it started last night when miss rosen took a swipe at ann romney on cnn suggesting ann romney should not advise her husband about women's issues because she is a stay-at-home mother. >> we have mitt romney running around the country telling me my wife tells me what my wife tells me they care about economic

issues. his wife has never worked a day in her life and never dealt with the economic issues a majority women are facing in terms of how do we feed our kids and how do we send them to school and why do we war which about their future. megyn: ann romney responding immediately on her twitter account saying her job was to raise her five boys. and it was tough work. here she is on "america's newsroom" responding earlier today. >> my career choice was to be a mother. we need to respect choices women make. other women make other choices to have a career and raise families. i respect that. that's wonderful. but there are other people that have a choice. we have to respect women in all those choices that they make. megyn: another woman who chose to stay at home and raise a family is our former first lady barbara bush.

she joins us right now by phone. mrs. bush, thank you so much for being with us. >> not at pull. ann romney spoke so well, i don't need to say anything. but raising five boys that are hard working, decent, honest, giving children is not bad. plus ann did choose to stay home with her children, and that's a lot of volunteer work. i don't think people are very understanding of the fact that she has ms, works hard for them. she has had breast cancer and she works very hard at for at-risk youth. some people choose to stay at home, raise their children, some people really aren't built that way, they can do both. but five boys is a handful, trust me. racing george walker was not easy. megyn: not on were you married to a president, you raised a president, you raised a

governor. by want to ask you about this comment. because this seems to be something that's really struck a chord with a lot of our viewers. pitting stay-at-home moms against working moms. other suggestion if you choose to stay at home and raise your children as you did, that you don't or cannot well understand the plight of working women. your thoughts on that. >> well, i think i can understand that. and i was lucky, my husband worked very, very hard, and i could afford to stay home. and i realize it's a luxury, and i know ann does, too, she is a good friend of mine. but she also knows it's very important that you give back, and she has and is giving back. i think she is a wonderful woman. i'm not criticizing hillary what's her name. i'm being corrected whatever her name is -- if hillary rosen

chose to do it the otherway, that's fine. there are choices in life. but i also think if you stay at home and raise five great children which i say i have done, why, i think it was worth the trip. and i respect her a lot. and i do also know that you have an opportunity to give back by volunteering. and romneys do. their background. i knew his mother and father. they were the greatest volunteers in the world. he actually started the points of light foundation for george which is how thousands and millions of americans. so i'm not critical of hillary. but i'm just sorry that she took a knock at those of us who chose and were able, i must confess, able is an important part of

that, to stay home and take care of their children. megyn: she made these comments on cnn about ann romney never having worked a day in her life. then she took to her twitter account and doubled down in a couple of ways. one of the ways by which she did was saying ann romney should stop saying she is mitt romney's guide to women's economic problems. she doesn't have any. it seems to be a reference to if you are a person of privilege, of wealth, as the romneys are and as you and our former president are -- >> we weren't always, you know. megyn: she seems to be suggesting if you have money and privilege that you can't understand what the people who are less fortunate are going through in this country. >> i don't think that's right. i go to the gross industry store, and i know ann does, too. you see people who cannot afford

to buy all the luxuries they want or whatever store. but having said that, you shouldn't be critical of other people. sort of think of what you could do, forget criticizing other people. i don't know hillary and i'm sure she is a wonderful woman. but she really shouldn't do that. particularly if she is representing whether she says she is or not, the other -- the obama campaign. she shouldn't do that. megyn: she apologized in a statement i read. >> god bless her, that good that she did. megyn: she apologized to ann romney and anyone else she offended saying let's put the faux war to rest. the most important job any of us will have is parenting. that's not to put down working

moms. but your thoughts for the moms feeling uncomfortable at the suggestion that's been put out there that they are somehow less contributive to society because they have chosen to stay at home with their family. >> when george was working really hard at a wonderful, glamorous places and i stayed home with five wonderful children who never said one repeatable thing for a week, i was sort of jealous. i think i would love to be out there doing something. but it was more important for me that i stay at home. but having said that, it's not so easy to stay home all the time when your wife or husband is out meeting wonderful, glamorous people. but my life is pretty glamorous now. pretty good. megyn: look at you, live on fox news. >> look at that.

i raised millions of dollars for literacy, my husband and i have raised $50 million for md anderson. we worked hard, whether that's called work or not, i don't know. but we loved doing it. i'm on my way to do a literacy program sat college station. and i'm in the car which is a little weird. two dogs and i are in the car going up to do this. but ann does things all the time for others. so i just feel very badly. and i'm glad she apologized. you do recall that i had a few apologies i had to make to geraldine ferraro. sometimes you say things you are sorry, and i'm sure she was sorry. but forget it. life is good. women who stay home are wonderful. women who go to work are

wonderful. whatever. thanks for letting me tell you how strongly i feel about mitt romney and his wife because i do. megyn: i know a lot of our viewers agree you are everybody's grandmother. we miss seeing you in the public eye. thank you so much for coming on with us. >> thank you, megyn. megyn: we are taking your thoughts on it on twitter. you can follow me at megyn kelly. we are taking our thoughts by email. later we'll debate this with a compelling panel of women who have a wide range of experiences. i'll ask them what they think about hillary rosen's comments and her apology and where the so-called war on women debate has suddenly gone today. if you go to foxnews.com you will see a series of links to this issue. plus a provocative column from dr. keith ablow on nasty

comments towards ann romney from what he calls the laters out there. we are tracking the story of a man who went from the run for the white house top accused criminal. john edwards getting his day in court. the trial is starting. we'll show you what's happening there and the look at case against him in today's "kelly's court." george zimmerman facing a judge moment ago on second degree murder charges. it's a tough charge to prove. pam bondy is live after this break to explain this charging decision. >> mr. zimmerman you are appearing for a charge of murder in the second degree and you are represented by ramira. is that true? >> yes, sir. in stall 5.

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>> he's facing second degree murder charges now. he's fright knowledged. that would frighten any one of us. megyn: that was the defense on for george zimmerman right after his client made his first appearance in a florida courtroom. george zimmerman charged with second degree murder in the shooting death of trayvon martin. it will be a harder case to prove than manslaughter which many legal experts were predicting would be the charge. joining me now is the attorney general of florida. pam bondi. thank you so much for being back on the program. i think a lot of people were surprised. you are the attorney general of the state and there is only so much you are able to say and willing to i and we respect you

for that. george zimmerman is entitled to no less. i want to ask you about that charge, second degree because it did surprise a lot of folks as maybe too much as having been overcharged. >> i know, megyn, of course i can't comment on the facts of the case and i'm the chief legal officer but all the stay attorneys are independently elected. but i have been closely involved in this case. i will talk about and will cory and her charging decision. she is fair, tough, but she is humble and kind. she is about seeking justice for trayvon and also for due process for zimmerman. if she didn't feel the charges were warranted, if angela didn't believe charges were warranted she would not have hesitated.

megyn: she isn't a zealous, got to charge them kind of prosecutor. >> absolutely not. that's why the governor and i agreed she was the best person in the state of florida for this job. she 100% puts blinders on. just like we see lady justice blindfolded. that's angela corey. she won't be influenced by public opinion or outcry. that's angela corey, that's the person i know and respect. she has been a mentor with me. and she'll do a great job on this case. i was impressed with the new defense attorney as well. megyn: who refused to divulge his client's confidences. some people feel uncomfortable because charges were initially not brought.

that's which and the governor stepped in to take a fresh look at the evidence, remove the case from the specter of accusation and have a fresh set of eyes take a look at it. but to those people who say how can you have one prosecutor decide not to and another prosecutor decide to do it, what are they supposed to think? >> the first prosecutor on the case had not made a decision on the case. then angela took the case over. and she actively stayed involved in the case. she is one of the few elected das or state attorneys that tries cases herself. and she is very hands on. and they felt this was the appropriate filing decision. and i wholeheartedly agree with her. but now it's time to let the process work. and every one needs to calm down, and i respect his attorney and i think we'll see some good

legal minds on both sides. and it's all about seeking justice. megyn: his lawyer says he's stressed. is he safe in the rhetoric has been so strong against george zimmerman. is he safe in jail? will he be safe if he gets out on bond? >> i hope if he gets bond that he will be safe. that's not what justice is about. not's not what justice is about and shame on anyone who would threaten his life. that's horrible. i can tell you trayvon martin's family, they don't want that either. they want the court system to work. that's why we have the best system in the world, i feel. our court system. so i pray for him. i pray he will be safe and i pray portray von's family. megyn: someone claiming to be a

zimmerman family member. is that something the florida officials are looking into as far as you know? >> i can't talk about that at all right now. but i'll tell you anyone who is out there making disparaging comments and threatening comments towards mr. zimmerman, they need to stop right now. megyn: pam, thank you so much. i appreciate your respect for the rule of law. we'll watch this play out in the good state of florida. after years of denials and delays, former presidential candidate john edwards campaign finance trial started today. they tried to put this off, they were unsuccessful. he's accused of using campaign money to hide his pregnant mistress while he was seeking the democratic nomination for president. this is a live look at camp

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megyn: right now an american icon is trying to figure out how to stay afloat after armed agents raid their factories. gibson guitars was raid. years after the initial raid they still have not been charged with any crimes. where does this stand right now? john roberts has more from atlanta. >> reporter: where it stands is a question. how long is the department of justice going to drag out its

investigation. the entire musical instrument industry is look at this case. gibson was raided twice. last august. wood from india was seeds. in 2009 it was wood from madagascar that was seized. three years later no criminal charges filed. the department of justice blocked the civil court case gibson filed to try to get its wood back. all this legal limbo has the ceo saying it has done profound damage to his company. >> while we are waiting to get charged they have taken aggressive action that have hurt our company significantly and we have no recourse at this point. >> reporter: gibson ran out of wood last december since wasn't able to import wood from india. they have had to switch to

composites. and now they are having to search out more sources for it. michael mukasey was the attorney general in the last years of the bush administration. he said he thought the case was absurd and the delay is unreasonable. >> i don't think there is a set time, but certainly three years since the twine raid and even going -- since the 2009 raid and a year since the 2011 ladies more than enough time. this is not brain surgery. >> reporter: we reached out to the fish and wildlife service which is the agency that conducted the raid. they wouldn't comment on the case. they wouldn't give us an idea of what the time line would be for making a charging decision. the other question is where is the wood they seeds. this is expensive stuff and it's supposed to be stored properly.

gibson wasn't able to tell me and the fish and game wasn't able to tell me where the wood is or if it's been defearating all this time. megyn: in a remote corner of a california military base two crosses sit high in the sky. very hard to get to. but now the center of a big controversy after the marines were told take those down or go to court. and big developments this hour on the comments about ann romney. in thee minutes a compelling panel of women will take on this controversy. an epic debate you don't want to miss. >> my career choice was to be a mother and all of us need to know we need to respect choices women make. other women make other choices to have a career and raise families which i think hillary rosen has done. i respect that. dad! i'm here to unleash my inner cowboy. instead i g heartburn. [ horse neighs ] hold up partner. prilos isn't for fast relief.

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megyn: breaking news on our top story. 45 minutes ago a powerful woman in democratic circles issuing an apology to ann romney after controversial comments and after she doubled down. she said i'm sorry after slamming mrs. romney and stay-at-home moms in an interview by saying mrs. romney has quote never worked a day in her life despite the fact that she stayed at home and took care

of five boys. miss rosen also talking about mitt romney saying he's too plain old-fashioned when it comes to americans and women. >> he seems so old-fashioned when it comes to women. i think that comes across and i think that's going to hurt him over the long term. he doesn't see us as equal. megyn: ann romney defending her husband today. here she is on "america's newsroom" today. >> that is not correct. you should see how many women he listens to. he has so many women in his circle, his chief of staff when he was governor. his in business so many women surround him that he respects and admires. his lieutenant governor when he was governor he respects enormously. respects her intellect it's a complete misperception. megyn: the real debate unfold

when miss rosen talked about how ann romney has never worked a day in her life, then went on to double down and triple down on the comments. jehmu greene, and china okaski. who would have thought going into campaign 2012 the four us and other women out there would become the issue. both sides are making women the issue in this campaign. and today the latest salvo is from this hillary rosen. jehmu let me start with you. you are a democrat. you have been even handle when it comes to criticism of women by women whether it's from a republican or democrat. i'm curious about what you think about miss rosen's comments. >> i want to start with what i learned from gloria steinem when

i worked with her at the women's media sr. temperature home making has always been devalued the way all jobs that are predominantly female have. homemakers should never be referred to as not working. i think that's a lesson that clearly hillary rosen has gotten out of this situation. and for full disclosure i have worked for hillary rosen and i consider her a friend. i have been in her home and watched her work and nurture her children. but at the end of the day we cannot continue to devalue homemakers. i think that governor romney has an opportunity to lay out some kind of vision about women in the workplace through this conversation that we haven't seen details come out yet. but if he's going to put forth ann romney as his chief economic

advisor for women in the workplace issues, we need to see what he means by that. we also need to hear from him -- megyn: we have two other panelists involved. i want to get their comments. do we need to hear from mitt romney on this? we heard from the white house this morning which was given a chance to distance itself. and when give up the chance to disavow the remarks the campaign came out and did so. but the white house started talking about how stay at home moms are valuable but democrats have a better record when it comes to jobs. >> you better talk to the women working in that white house. i understand they are paid 18% less than the men in the white house. this is not the first time we have heard this. back when george bush was running we heard this accusation

against laura bush, that she never had a job which was false. at the same time what hillary was telling us is revealing to us, that there is a sentiment amongst the democratic elite that the leadership that really someone who stays at home with children has not the value -- you don't learn about life over there. so your opinion is not values. it's a real injustice to all moms. all of us whether we were work or not, we understand how tough it is to be a mom. there is no price, promotion or raises. there is one day after another of tough work where we give of ourselves and sacrifice enormously. many sacrifice careers. someplace where you could get some of this praise. for us to suggest they don't know their opinions aren't valued equally as all other mothers and other women is an

outrage. i think it's time for the white house to address this issue. megyn: she is on dangerous grounds. she opened up a hornet's nest. she said that on cnn. she says most american women have to earn a living and raise children, you know that, don't you? that was directed at ann romney. that may be true about it makes a lot of people upset to suggest that a stay-at-home mom who is not working outside of the home can't understand the economic issues being dealt with by others. >> here is the things. we are -- a stay-at-home mom, a woman in general has two economies to deal with. the microeconomy of her household. then the macro economy in the outside world. the real world. and there are certain aspects of that real world. what it means to be a woman business owner and what it means to battle a man who is trying to

steal your trademark rights. what it means to struggle in that contest that i think hillary rosen was speaking to. we need to get away from the semantics and understand the sentiment of what she was trying to say. my mom has five girls, ann romney may have five boys. but my parents have five girls. i understand what it means to be a woman. i understand that work at home is working. but i think it is a bit unfair to really do this witch hunt against hillary rosen as if she were saying something that was you know totally inappropriate. >> listen to what she just said. she referred to at home versus the real world. please, there is nothing more real than for a mom to be in the home dealing with those kids. there is illness, there is all kinds of issues. and i had a mom come to me a few

years ago who is a mom of five. she raised five children. she said i never worked, i don't know if i can do anything. i said you raised five children. let me tell you how much you can do. you are so qualified for the workplace. you can juggle schedules stan deal with children who don't feel well. megyn: jehmu? i want to ask you about the devisiveness of this. we talked about this earlier. the pitting of stay-at-home moms against working moms. it's so disheartening. women have enough, right, devisiveness, the country has enough devisiveness do we now have to draw these lines? >> i agreet deviciveness and the focus, this is a distraction. i think this is an opportunity to have this conversation.

why don't we value homemakers. why don't we put a monetary value on this. this is something gloria steinem called for repeatedly. that would be a policy solution enron any could suggest. right now governor romney's policies will make it harder for women to make the same choice that ann romney made to stay home and we have to get -- megyn: i want to point out for the record, you keep mentioning gloria steinem. that's the same person who said sarah palin and michele bachmann are women only a man could love. that's a controversial figure and someone who is not a champion of all women and there is a question about whether she could be held up as a champion of women. >> she is a champion of homemakers. >> you want to bring us all together? i think it's time to respect all

women in their choices. there is no question mitt romney is out there trying to make certain we can create jobs so all americans can have their dreams again. that will help all of us. under obama women have been losing their jobs. they have been set back 20 years. don't tell me mitt romney's message isn't for women. it's for all americans. >> i'm of the twitter generation and irony should not be lost on people that ann romney took to twitter to send this message. twitter and facebook and all these social media components are created at home or in dormitories. what will unite us as women is merging those two world. it's not a crime to actually be at home and merge the world with the outside business world and social media and all these ways of working together at home.

i think what hillary was saying though -- megyn: if you have thoughts you canshire them with me on twitter. >> every mother works hard, every woman deserves to be respected. megyn: we all agree with that. thank you also much. taking your thoughts on out on twitter at megyn kelly. coming up next. former presidential candidate john edwards in court facing the potential jurors who will decide his fate. he's on trial or violating campaign finance laws to hide his mistress when he was running for president. [ horn honks ]

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starts as low as $129 a year. for an agent, call the number that appears on your screen. but when she got asthma, all i could do was worry ! specialists, lots of doctors, lots of advice... and my hands were full. i couldn't sort through it all. with unitedhealthcare, it's different. we have access to great specialists, and our pediatrician gets all the information. everyone works as a team. and i only need to talk to one person abouter care. we're more than 78,000 people looking out for 70 million americans. that's health in numbers. itedhealthcare. megyn: "kelly's court" is back in session. john edwards is finally getting his day in court. edwards' lawyers there getting ready to argue over whether he used campaign funds to cover up

an affair with a woman who wound up having his child. how does this case look for him? joining me, mark eiglarsh a defense attorney and kimberly bill foil. they said it would never happen. he tried to make it not happen. we heard about health problem after health problem. they denied there was a grand jury investigation. there was, he has been charged and he will face a jury of his peers. how does the case look for the government? >> i think it looks good for the government. they have assembled evidence and facts on their behalf. these are serious charges. it's no laughing matter what john edwards is looking at. it's no surprise he was trying to delay the case. he's looking at $250,000 fines on each of these and five years

behind bars. the prosecutor if he is convicted, mr. edwards could look at serving all this time consecutively and be in prison for a long period of time. megyn: you can go before a jury and say here is the money, john edwards used it from the campaign donors and used it to pay off reille hunter. >> if he was charged with being a crappy husband, they would have evidence beyond all doubt. if they can find jurors that somehow can embrace that argument, not a slam dunk for the government. megyn: there was some rich woman paying money to keep reille hunter. that's aloud. the question is whether regular people and their donations, whether those monies were used

to fund reille's hideaway. >> a very rich, wealthy woman who supported big-time democratic candidates. campaign donations going in to benefit reille to cover this up is improper use of the fund. and he's accused of making false statement about it. megyn: what are the odds of him taking the stand and how much does his celebrity play into a case like this. >> i say the chances are low that a defendant takes the stand. i think it' high. he's a skilled trial lawyer. he will get up there with his good looks with the $7,000 haircut and what these jurors

saying i did not know -- this is way was involved with, yes, i made mistakes. including but not limited to how i cheated on my wife. megyn: is wooing possible for this guy? >> yes. >> he's not exactly a sympathetic candidate. he's an ambulance chaser, a trial association lawyer getting those big out of control plaintiff's cases civil verdict.. he had a girlfriend on the side when his wife was dying of cancer. and the breck hairdo is so out. megyn: you are hiding your pregnant mistress because you were running for president so there is no question that the infidelity comes in. the fact that he hid it comes in. the question is whose money did

he use to hide it. >> correct. that's why jury selection is key. a lot of clients go to trial with huge character defects. i spent most of my jury selection trying to find people who in no way would hold it against them. if they can prove to me they can set that aside and make a proper decision, i think that's what this case hinges upon. jury selection. megyn: they think i'm going to get a free card out of court. >> the false statement charge is not a tough one and that's usually how they get them. megyn: thank you both so much. coming up, a live look at camp pendleton, california. a major controversy at top of that mountain over a memorial to our fallen marines. also offers - our fastest way to return your car.

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