jenna: thanks nor joining us, everybody. jon: happy wednesday. "america live" starts right now. megyn: fox news alert on big developments at the polls, raising serious new questions for republicans and the president's re-election team. welcome to "america live," everyone, i'm megyn kelly. a couple of key votes raising questions today, and how. first there is the indiana senate primary. richard lugar, the third longers serving member of the senate defeated in the primary. critics argued that the moderate republican was simply too close to the president on too many issues, and voters chose instead to go with a tea party backed richard murdoch. perhaps the biggest shocker of all coming out of west virginia, this man here, standby, managed to get four out of ten votes in the democratic presidential

primary, the democratic presidential primary. keith judd is known as an inmate, currently serving out a 17 and a half year prison sentence in texas and is entitled to at least one delegate at the democratic national convention. what does this tell us about election 2012? chris stirewalt is our fox news digital fox news editor and host of power play on foxnews.com. this is all the talk in the texas jail with having bested president obama with four out of ten voters? >> all i can say is this. that west virginia is awesome. there are days -- megyn: it's your home state. >> there are days when i'm more proud to be a west virginian. that mullet is impressive. you have a state that is packed

with moderate blue collar democrats, the kind of people that you see in joe manchin, the junior senator from that state which is very much in keeping with the old line democratic party but not very much in step with the new look, obama democratic party. this is a protest vote, this is not about his mullet. megyn: you don't think they actually backed mr. judd? >> i think this is about the president's policy as it relates to the mining and burning of coal to generate electricity, as it relates to gay marriage, abortion, and other things, he's not just in step -- the west virginia democrats are not in step with him, he's not in step with them. that is not a big deal because the president is not going to win west virginia. it's a big deal because there are a lot of voters like those in ohio, pennsylvania.

megyn: he's a rastafarian christian. he's the founder of world peace through musical communication skills, 1963 to the present. who doesn't believe in that, a little guitar, a little harp, before you know it world peace. >> you're going to want bongos too. i think that may have been a factor in logan county. megyn: his favorite food and actor is, i forgot. [laughter] megyn: maybe he'll have a debate with president obama in their quest for the democratic nomination. i see your point is. the point is it's a protest vote by democrats in west virginia. anybody but obama, anybody including mr. judd and mullet and rastafarian musical approach to politics. in the greater scheme that we saw last night, in terms of votes. what are the trends?

>> incumbents bad, that is basically the trend you see in indiana. dick lugar, this is the tea party versus the republican establishment. we've heard that ad nauseam. the truth here is that dick lugar is the face of establish tea meanttarism, he has been there 36 years. he probably over stayed his welcome. romney is a moderate too and not the darling of the tea party, the fact that he did better in indiana than mr. murdoch tells us that maybe this was more about dick lugar than anything else and about anti-incumbent sentiment. megyn: more on that in our 2:00 hour with a warning from james carville on the democratic side about the same anti-incumbent sentiment. mr. stirewalt, thank you very much. i like your hair any time over mr. judd's. >> thank you ma'am. megyn: music is very soothing. i don't mean to mock it because, you know -- i don't know, indian

style, play the guitar, a little john denver, before you know it you're in a totally different mood. senator lugar is the longest serving senator in indiana history. along with utah's orrin hatch he's the longest tenured republican lawmaker in the u.s. senate. senator lugar has been at the center of every major foreign policy debate since ronald reagan was president. for more on his primary loss and the national reaction you can check out our website foxnews.com/politics. fox news alert now breaking news out of the white house today. we understand president obama may make some news shortly on the issue of gay marriage. just 24 hours after a controversial piece of legislation that effectively bans gay marriage passed in north carolina. this is the same state where

democrats are set to hold their national convention later this year. our chief white house correspondented henry live at the white house on the north lawn with an update. what is going on? >> reporter: we have new information. as you know the president said in december of 2010 that he was evolving on this issue. we are getting new information now suggesting that he is ready perhaps to complete that evolution. i just spoke tow a source close to the president, a democratic adviser, outside the white house who told me the president is expected to go further than he ever has before on this issue. the venue is going to be a last-minute interview at the white house granted to abc news, robin roberts. it's happening at 1:30p ph-rbs eastern time at the white house, moments away. this democratic source told me flat lee, quote the president will make some news. he wouldn't schedule a last minute interview to double down on an old position. i want to caution that i've talked to two other sources close to the president who are suggesting that this could be short of a full-fledged endorsement of same-sex

marriage. one of those other sources close to the president saying this interview is about the economy and congress, it's up to abc what questions they'll ask in an interview. a second source close to the president said if the president is asked about same-sex marriage it's up to the city. there hasn't been a meeting to figure out what to say. it's up to him and the second source said it's a disteuplgt possibility he could come out and endorse same-sex marriage. the third source said the initial source may not be completely in the loop on this. may not know precisely what the president its going to say. let's see what happens during the interview. when i pressed these officials about the substance of it, will in fact the president endorse same-sex marriage in this interview they would not confirm or deny. again my initial source says, somebody who is an adviser to the president, outside the white house that the president will make news in this interview and stress towed me he is not going to go over the same old ground, he's not going to give the same position. you mentioned the proper context here, which is that the north

carolina vote last night key battleground state, voters there shooting down same-sex marriage going forward with a been on same-sex marriage, all of this really heated up started sunday on "meet the press" when vice president biden appeared to box the president in by all but endorsing same-sex marriage, very big issue in this election and a big issue in some of the key battleground like north carolina. the president said in 2010 he was evolving on that issue. we'll see within the next half hour whether he has completed the evolution. megyn: he said he's going to go farther than he ever has before? yesterday easy sroflg and now today if he stops short of saying he actually favors gay marriage, you know, where are we? >> reporter: look, that's why in fairness to the president we'll have to wait and see what he says. my initial source adviser to the president said flatly, quote, he's not just going to talk about old ground. he'll definitely make choose and will not be rehashing his old position.

that's a second quote in addition to the one i read earlier. the suggestion to me is that he is not going to new answer this further and he'll come out with a direct position that would be endorsing same-sex marriage. but we've got to hear from him. megyn: you mentioned something in your report. joe biden our vice president goes on "meet the press" over the weekend and sounds very much like he's endorsing gay marriage. then he calls nbc right back according to chuck todd, and in his office says he was speaking for himself personally, he was not making new policy, and even before he said what he said on "meet the press" he said, look, you know, i don't speak for the president i'm the vice president. there seemed to be a distancing by the vice president from his remarks there. you have david axelrod coming out shortly after that saying, well that is precisely the president's position, that, you know, gays should have equal rights even they are married or civil unions. you've have carney saying all

this is consistent with obama's position. obama a's position is as it was years ago. it seems like the white house is trying to distance themselves from joe biden's position, now you're telling me they will come out and endorse it? >> i think they were trying to clarify, not distance themselves. i think the vice president quite frankly went out and went further than the white house expected and further than the president. its not so much distancing, it was the fact that jay carney said a couple of days ago after facing tough questions that he was insisting there was no distance between the vice president and president. he said i've got no problem with a man mayoring a man, with a woman marching march marrying a woman. there was a difference in the position, it did sound like new policy. the white house was scrambling to clarify. i spoke to another democratic adviser outside the white house who said this was a gaffe by the

vice president. this white house was not expecting him to basically endorse same-sex marriage on sunday. that might have boxed the president in now because a lot of gay and lesbian supporters of this white house in the last couple of days have said they might hold back campaign money, they are very angry because they want the president to complete this evolution. megyn: if you look at the majority of states in terms of those who have passed amendments banning gay marriage those politics go against the president. ed henry, thank you very much. we're going to get back to this in just a bit as the news is made. again this is a taped interview. he's sitting down with abc news. we should get that news just as soon as it's made. this would be a major issue, folks, over 30 states now have amendments to their state constitution banning gay marriage, legally defining marriage as between a man and a woman. this administration has declined to enforce the marriage act. there is a split already between the feds and the states. it's been a tricky issue for all

politicians including the current one in the white house. we'll see how much the evolution progresses in just a bit right here. we'll bring it to you as we have it. she was paid to blog about higher education, that is until she got fired. in three minutes naomi shaker reilly explains why thee thinks she may be a new victim of the political correctness police. and we have more on part of ed's breaking news from a moment ago. we will look more closely as why north carolina's vote on same-sex marriage could be a major headache for the president's re-election team. and brand-new clues in the search for a murder and kidnapping suspect. could this video help police bring him to justice? >> the first thing she told me was, i'll see you tomorrow. and i went to sleep that night thinking i was going to see her tomorrow. c'mon dad!

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megyn: fox news alert breaking news outside of the white house. we understand president obama is

about to make some news on the issue of gay marriage. it is an issue that was behind many people believe the re-election of president bush back in 2004. it is an issue again in this presidential election. this news is going to come 24 hours after a controversial piece of legislation that effectively bans gay marriage in north carolina. interesit is just the latest of 30 some-odd states to ban gay marriage. president obama is under pressure from the gay community and others to do more to support the issue of gay marriage. he has said his view on the issue is evolving but he does not support gay marriage. that was his previous position. we are going to watch as he sits down at 1:30 with robin roberts of abc news. as soon as he makes the news we will bring it to you. meantime there is new fallout today over the firing of an editorial page writer who says she was canned for doing her job. naomie shaffer reilly wrote for

the chronicle of higher education until she penned a piece that criticized the value of black stud zi programs at u.s. campuses across the country. some of the readers were outraged. despite the paper's initial response that her piece was an invitation to debate, in the end they axed her. now she is here with us. thank you very much for being here. >> thanks nor having me. megyn: what is your beef with black studies programs. >> the blog that i wrote was in response to a piece that appeared in the chronicle that touted young black study scholars and their dissertations and i look at the topics they were studying and they seemed to me less than academic rigorous. mostly they were partisan in the sense that they blamed anything that was wrong with the black community on whites and institutional racism. but some of them were just perfectly -- seemed like perfectly irrelevant and ab secure topics. a history of black mid waive raoerbgs is that really something we need to train people to get phd's in?

are they going to be able to give our undergrad waits a broad liberal arts education some day. megyn: and there was one about clarence thomas the supreme court justice. blaming black conservatives for an assault on civil rights, that you can't be a black conservative now. you could write an entire dissertation and get a degree from northwestern university, a phd just for saying, they are assaulting civil rights because they don't believe in affirmative action. megyn: you took issue with this area of study saying, look i've got some questions about its legitimacy. that was the post you wrote. >> yes. megyn: the readers, some, were outraged, and at first the paper stood by you and said, look the first amendment the point is to discuss, this is what we do. then what happened? >> so there were hundreds of readers who commented that i was a racist, this shouldn't be here. there was a petition with 7,000 signatures about of academics

online demanding that the chronicle fire me. on thursday the chronicle editor says well we think this is a provocative piece but this is an invitation to debate. that was thursday. a long weekend goes by and by monday night i was fired. i can't tell you what happened in the interim but it seemed like they caved to public pressure, these people who were calling me names, and saying horrible things about me. "the chronicle" i guess couldn't take the pressure. megyn: now you've been tarred with this brush of racism that you are somehow a racist because you took issue with this particular area of study. you did not mention it in your pieces, in your defense, but i will tell our viewers that you are married to a black man. >> yeah. megyn: and yet nonetheless you stand here accused of being a racist against blacks. >> yes, it's because racism in this case is employed as a charge for anybody who disagrees with the liberal orthodoxy on

the issue of race. black studies have become a political cause. they are not an academic discipline where you are able to ask questions. it's they always know the answers and if you criticize us you're a racist. if you don't have a substantive response to what i'm saying. i should make it khrao*er i did not engage in any attacks on these graduate students, or call them names or anything of the sort. this was an attack on an academic discipline. and this kind of response to me demonstrates that there -- there is no legitimacy here, if this is your response it's no weak, why should i then go and believe that this is a substantive area of study. megyn: what "the chronicle" did to you and what the commentators did was effective. there are few things worst than being called a racist. people are watering the term

down because some are using it so frequently, but you get tarred with that label and now you're stuck witness. do you think that is a deterrent for others who will follow later who want to write something critical as charged as this. >> right. basically the ideas is the academics have circled their wagons and they are suggesting these are the important things to say in the realm of academics and anything else we are going to just spew you out. i mean it's like the academic body is allergic to any kind of decent on these issues. for anybody who dares to think freely or weigh in on these issues they have sent a very clear message. megyn: thank you for being here. >> thank you. megyn: all the best to you. we are waiting for some news on the issue of gay marriage from president obama. it could be as soon as ten minutes away. this would be a major shift if the president comes out and endorsess gay marriage, folks. we will watch it, you'll see the breaking news right here. plus, a young graduate student fighting for her life after contracting a rare flesh eating

bacteria. wait until we show you how. they say her prognosis is very grim right now. wait until you hear how some house democrats plan to go after any state with a stand your ground law in light of the trayvon martin shooting. i'm a marathon runner,

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megyn: a reminder, folks, president obama has an interview in about five minutes with abc news. sources are telling us that he will make news on the issue of gay marriage. the big question is, will he endorse it out right? he has stopped short of doing that in the past, with the white house saying as recently as monday that the president's views were, quote, evolving, but were as they had been. the minute we get that news we will bring it to you right here. we are also watching a high stakes legal showdown today, as twit erie fuses t twitter refuse toes hand over tweets

from a huge occupy wall street demonstration. you may remember police arresting 700 protestors after they shut down the brooklyn bridge back in october. now prosecutors are seeking deleted tweets from one of those protestors. but twitter will not give up the messages. and now it's taking court action to block the investigators. gregg jarrett live in our new york newsroom with more. >> reporter: the occupy wall street movement that turned rather ugly in that confrontation with new york police is now occupying a court of law over the very issue of who owns allegedly incriminating tweets. malcom harris was busted in october charged with disorderly conduct for his role in this occupy wall street march you see here which ended with about 700 protestors arrested. they stormed the brooklyn bridge. police say they warned them in advance, don't do it. now prosecutors have issued a subpoena to examine three months of harris' tweets in the belief they may continue duct his potential defense that police allowed protestors to walk on

the road in the middle of the bridge. the assistant d.a. says this. quote, the defendant may have used that account to make statements while on the bridge it selfthat were inconsistent with his anticipated trial defense. twitter has filed a motion to quash the subpoena claiming that harris owns the tweets, not twitter. it's a claim the judge has already rejected. moreover twitter is now claiming the fourth amendment demands a search warrant not a subpoena. the judge observed this. quote, while the fourth amendment provides protection for our physical homes we do not have a physical home on the internet. he noted that twitter was free to redistribute tweets to anyone at any time for any reason it chooses. what will happen? twitter will likely lose, because in other court cases courts have said a subpoena not a search warrant is sufficient, and tweets, megyn are kind of like bank records, and individual has no right to challenge a subpoena issued to a third party banks. and banks almost never win that

one either. megyn. megyn: thank you. well while we wait for some new remarks from president obama on the issue of gay marriage consider this. battleground state, north carolina, just approved a constitutional amendment that bans same-sex marriage. and the democrats are holding their national convention in charlotte, north carolina. already some are calling for an effective boycott of north carolina, but what does all that mean now for the president's re-election team? plus, wait until you hear the so-called, hot dog hooker. she is gaining notoriety after what she says is a raw deal from police. her puzzling defense in a video you must see to believe. >> i got another 15 years to go and i'll be stripping for another 15 years. as long as this body is built the way it is. see this body? okay, this is a mother of triplets here, okay. i'm cut up, i'm stacked nice. [ male announcer ] whoa, megan landry alert.

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megyn: fox news alert on a story that broke on this show a few minutes ago. we understand that president obama is expected to comment on the issue of tpwaeu marriage in a new way that he's going to make news on that issue by saying something he never said before. what does that mean? i have no idea. he's sitting down with abc news at this moment for a pre-taped interest view. they will release the big shoes

news, that's what they normally do. as soon as we get it we will bring it to you. then you can fall the whole thing on abc that is making the news in the first place. this comes 24 hours after north carolina voted to effectively ban same-sex marriage. some on the hr*eft now want a boycott of that state. and that poses an interesting problem for democrats, who are scheduled to hold their national convention there this summer. monica crowley is a radio talk show host and julia roginski served under john corzine, both are fox news contributors. we think it's going to be president obama, it might be keith judd. we think president obama is going to secure the democratic nomination. [laughter] megyn: with respect we think it's going to be barack obama who is going to have this problem in north carolina not mr. judd, and it raises and interesting question. let me start with you on this. so many democrats, left-leaning

groups have come out and said, boycott north carolina. send them a message with your pocketbook. >> i think what north carolina did is unconscionable, you don't have the majority vote on the civil rights of the minority, i don't care if it's african-americans, gays and lesbians you just don't. if you want to boycott, boycott but i don't think that gets you anywhere. bottom line, look what happened to arizona they wanted to boycott because of immigration. megyn: then there was a bicott in response. >> having said that i hope barack obama in my opinion does the right thing today and endorsess marriage equality because i think it's horrible to inshrine in the constitution that some people have certain rights and others can't enjoy the same rights. megyn: even if you're not behind a boycott of north carolina, these folks on the left who want a boycott they certainly don't wante want to see something as high profile and as much of a reward as holding the democratic

national convention and nominating the president for his next, you know, what they hope will be his next term in that state that just did this. >> the problem for the president is that you go back over the course of his political career and when he was a state senator in the mid 1990s he supported same-sex marriage. in 2004 when he became prominent on the national stage he said no marriage is between a man and woman, now he said -- megyn: today he's been on the same page as mitt romney basically, the same position. >> mitt romney doesn't believe -- >> it has been evolving. i guess we can make expect a flip-flop from the president today. but the problem for them is not just north carolina, the problem for the democrats is they have certain constituencies like gay activists like those on the far left who do support same-sex marriage then they have constituencies like blacks an blacks and latinos who do not support gay marriage. and in a lot of swing states

that will be important for the president's re-election. ohio, virginia, wisconsin, north carolina they have laws on their books banning same-sex marriage. megyn: do you think the president in this is heart supports gay marriage? >> i do. the reason i believe that the president's own parents in north carolina could not have got even married to each other until 1971. they are of mixed race. megyn: in your view he has to say that he doesn't favor it that his -- because he needs to be president of the united states. could you get elected when he ran back in 08 or even prior to that if you said you favored gay marriage. >> trying to get elected today in 2012, i do believe that if monica is right and if your one issue is gay marriage and you don't want gay people getting married barack obama will not be your candidate for president any way. megyn: you're taking it some place i don't want to take it. i want to ask you if you think 2008 and prior barack obama could have got even elected if they said i'm favor of gay marriage. >> maybe not in 2008.

megyn: he had to take this position. >> maybe he had to take this position. there are certain things. i've spent my life getting people elected. i know the compromisess you have to make. there are certain things you don't compromise, civil rights is one of them. megyn: even if it means you're going to lose the presidency and not do all the good you want to do under civil rights issues. >> he got up there and made the best speech in 2008. everybody now the a black guy couldn't get elected president. he created a great dialogue for the american people to do that. megyn: how many issues can you do that on, race relation and gay marriage. how many can you do it on when you're running and an outsider which he was back in 2008. >> he's still a very good public speaker. if he wants to give that kind of speech on gay marriage, you know, the floor is his, but the challenge for him is that even though polls show nationally that there is a majority, over 50% say okay i'm okay with gay marriage, when the actual issue goes to the voters in these states 30-plus states now have

banned gay marriage. so when it actually goes to a refe referendum to the people they actually vote it down. megyn: it's politically risky. it's a risky position. >> this is exactly the same views that people had in a lot of states on civil rights issues back in the 06s. megyn: for the purposes of this discussion we are not debating whether it's right or whopbg. we are talking about the political risk to the president. president bush was reelected back in 04 in part because of karl rove's strategy to use gay marriage as an issue, the black community came out, religious and social conservatives came out and said i don't want that. there is risk to president obama if he goes too far. >> he's the president of the united states. he's got to lead. he's got to lead on this issue, just like in 2008 they said there is no way barack obama is going to be elected president. he did. why not be a leader, stand up -- >> when he was a state senator he voted present 129 times.

remember he has a tough time really staking out a claim on controversial issues. he is the president. this is his job. >> you can't beat this guy up for taking positions you don't like every day and say but he really doesn't take position tph-s controversial issues, come on. he did it on race he can do it on marriage equality, it is the right thing to do. i believe he knows right it's the right thing to do. as somebody who was discriminated against as a mixed race person he knows full well this is a civil rights issue, he's got to lead on this issue. not just me, not a lot of other democrats, i think a lot of people in general are looking at him for some direction. megyn: i've got to go, i want to ask you this. is this look at the shiny thing over here because the republicans, mitt romney's campaign has come out earlier and said, he's trying to do whatever he can to distract people from the economy. we've had very bad economic news over the past month.

>> right. megyn: past week it's come out. and we did the report with chris stirewalt two days ago about how he's going to start using wedge issues more in the campaign. >> that's why we've seen this bogus war on women, a whole array of nonsensical issues. megyn: you're part of it. you don't like women either. >> megyn. that's our secret. look, this is one of those shiny issues that i think the republicans are actually enjoying watching that the president wishess weren't there. even though he can't talk about his economic record and the state of the economy or his failed policies he'd also rather not be talking about gay marriage because of all of the challenges within his own constituencies. remember in california gay marriage actually went down on referendum because huge majority of black voters and latino voters voted against it. >> gay marriage like every other civil right's issue will go down as this is not the way we

conduct things in this country. megyn: the man who said, it's the economy stupid is now issuing a new wake up call in a way that only he can. we'll show you james carville's new warning for fellow democrats what it comes to the upcoming presidential election. the controversial stand your ground law, under serious skraout me in the wake of the trayvon martin, george zimmerman shooting case. a couple of washington lawmakers have a new idea for trying to get rid of this law, not just in florida, but in every state in which it exists. and vice president joe biden says the bush team had it all wrong when it came to dealing with iran and its nukes, and actually he says that we, what does that mean, america? we are to blame when it comes to this issue. is he right? general jack keen spent years dealing with iran. we will get his thoughts on that and the vice president's comments coming up. >> when we took office, let me remind you there was virtually no international pressure on

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megyn: a new attack today on the controversial stand your ground law at the heart of the trayvon martin, george zimmerman case. and by the way it's not just in florida, it's in 25 states with more states looking at similar laws. house democrats put forward and amendment that would slash funds for law enforcement to all of the states, with a law on their books. now we're hearing that the lawmakers have had to back off of that effort after learning that the amendment would be blocked by house rules. however -- originally they had one amendment they were pushing called the trayvon amendment trying to pressure states to drop laws. that they found out was going to be ruled out of order. now we are being told that they

were interest dutiesing a quote, stop shoot first laws amendment in reaction to this. so, we will see exactly where they go with this. joining me is larry pra*t the executive director of the group, gun owners of america. welcome back to the program. >> thank you so much. megyn: you tell me. i'm going to guess that you think this is inappropriate and they shouldn't be doing this since you're a progun guy. these laws have take an lot of heat in light of this shooting because people think you have a license to kill in any states that have this law. >> that was precisely the term that was used when the law was being debated initially in florida, and in other states, but the experience of the law is that in it's first four years on the books the murder rate in florida went down some 15%, even while justifiable homicides were increasing. so it's made florida safer. and i guess something else should be pointed out, it's really beyond my understanding

how you can say that stand your ground even applied in the trayvon martin case, because mr. zimmerman, if his account is to be believed and the two eyewitnesses that corroborate his account are correct, he was on his back, on the pavement having his head pounded in. he had no decision to make about whether to escape or not. he only had one possibility, can i get to my gun. megyn: well, but larry, with respect to the george zimmerman case, you tell me. does the stand your ground law apply if you create the circumstances under which you get attacked? >> well, okay, now that is a legitimate question. i think we can conclude from what we think we know is that he didn't create the circumstance. he saw a guy, his words now, acting strangely, maybe like casing the neighborhood, in the rain, not walking deliberately to try to get out of the rain, and stopped to request, what are you doing? you know, because it looked like he might be up to no good, and

they'd had a lot of burglaries, and the neighbors had actually made him the neighborhood watch captain when they set up the watch committee. so zimmerman was doing what the neighbors wanted him to do. there had been a lot of burglaries, which is what prompted the neighbors to take the action. and the idea that somehow zimmerman was profiling, that he was looking at martin because he was a black guy, that doesn't stack up either. zimmerman had been a business partner with a black guy, with black people. megyn: the two things are tphoeupbt consistent. h tphoeupbt consistent. he doesn' doesn't necessarily hate black people. he's told that black people are casing or breaking into homes. he sees a black guy, you said he was walking in the rain. he was walking in the rain according to you without an apparent destination an was black. i'm not saying that that doesn't mean he was necessarily up to no

good, i'm saying can you use that as your justification for following somebody, for creating fear in that person's heart, for making them feel unsafe in their own neighborhood, and then when they come back to you to find out why you're doing that to them you shoot them, and you can use stand your ground? >> you know, this is a guy who if he's a criminal went through the unusual behavior of calling the police as he begins to get out of the truck and follow martin. and the police later, the second time he called, because he wasn't talking to them continuously, asked him to get the address where he was because they wanted to get to the precise location. megyn: i get it. i'm not trying to condemn george zimmerman, i really think our viewers need to keep an open mind on whether this man is guilty of the charges brought against him. i'm saying the attack on these laws is, it cannot be that you can go -- let's take zimmerman out of it, that you can --

>> it's not a license to kill. megyn: that you can create a circumstance under which a confrontation then ensues and you in self-defense can use that law to get out of a trial, to get out of charges. >> and the law provides for that. if is not a get out of jail free sort of situation. i think the law was very well crafted. it is quite simply not a license to kill. it says that you can use self-defense, you can use lethal force for self-defense if you determine that your life is either in danger, or at least great bodily harm might be involved. that is the decision that it's your word maybe against a dead guy, true, but there were witnesses, and the witnesses will often corroborate. megyn: a judge will have a hearing on this and the judge will decide. thank you for being here. we'll keep watch on what happens in the u.s. house. serious new questions over who leaked confidential tax documents in what looks like an effort to embarrass governor

mitt romney and what is being done about it. a puzzling defense from a vendor accused of selling hot dogs with sex on the side. the epic rant you have to see to believe. ♪ wer surge, let it blow your mind. [ male announcer ] for fruits, veggies and natural green tea energy... new v8 v-fusion plus energy. could've had a v8. the health of our cells plays a key role throughout our entire lives. ♪ one a day men's 50+ is a complete multivitamin, designed for many of men's health concerns as we age. ♪ it has more of seven antioxidants

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story out of georgia after an accident on a kayaking trip leaves a graduate student with a flesh-eating virus. amy copland's chances of survival are slim to none after she contracted a deadly bacteria. she took a ride on a home-made zip line along the georgia river. the line snapped and left a huge garb in they are leg. it allowed the potentially fatal bacteria to enter her body forcing doctors to amputate her leg and causing her major organs to shut down. we hope to speak with the doctor

later about how this sort of thing exactly can happen. long island woman is now gaining national attention after she is charged with selling more than just hot dogs out of her makeshift hot dog truck. gregg jarrett live again with our new york newsroom. >> reporter: there is nothing wrong withholding down two jobs as long as prostitution isn't one of them. they say catherine scalia was peddling hot dogs with more than the usual relish. she invited people back to her home. she is not a hot dog stripper. >> i solicited an undercover officer. i didn't know that was going to happen. i told this guy to come to my house, i'm going to do the strip, you're going to have fun and you're going to go home. i didn't know i'd be in cuffs all over the news again. >> reporter: she pled guilty, got slapped with seven days behind bars, plus a psych examine since she walked out of

the jail and exposed herself. we won't show you that part. she says she will still keep on stripping her 45 years notwithstanding. >> i got another 15 years to go, and i'll be stripping for another 15 years. as long as this body is built the way it is, see this body? okay, this is the mother of triplets here, okay. i'm cut up. i'm stacked nice. >> reporter: okay. don't check your television set there. scalia claims her customers love her and clearly some do. megyn. megyn: she is cut up. i have to say she has good definition in those abs after three babies. i'm going to leave it at that. >> reporter: not happening. megyn: thanks, gregg. >> reporter: okay. megyn: at this moment we are told that president obama is making news. we were told that he would be making news, we expect he's making the news and when he makes the news we will bring it to you right here. and a ruling in the case of a fight over a parking spot. it left a woman brain damaged, the verdict is now in and it may

surprise you. did the jury get it right? "kelly's court" ahead. [ woman ] oh, my gosh -- it's so good! [ kristal ] we're just taking a sample of all our different items in our festival of shrimp so we can describe them to our customers. [ male announcer ] red lobster's festival of shrimp starts now! for just $12.99, pair any two of 9 exciting shrimp creations like new barbeque glazed shrimp or crab stuffed shrimp. the crab-stuffed shrimp are awesome! [ woman ] very creamy. that's a keeper! [ woman ] shrimp skewer. [ woman #2 ] sweet, smoky. [ man ] delicious! [ laughter ] [ male announcer ] any combination just $12.99! [ woman ] sohat are ya'lls favorites?

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megyn: president obama suppose to be giving an interview in which source are telling us he will make news on the issue of same-sex marriage. the big question is will he endorse it outright? this could have major implications in the presidential race. that's why we are watching it so closely. he has stopped short of explicitly supporting gay marriage in the past. he said he doesn't supportd hiss evolving. the white house said as recently as monday the president's views were quote evolving but they

were as they had been. abc said they will start releasing clips from the interview shortly. we have yet to hear exactly what the president has said. the moment we get more, the more we'll bring to you. another alert. serious questions about the foils al qaeda bomb plot as we learn the would-be bomber worked closely with the united states. a brand-new hour of "america live." welcome, i'm megyn kelly. international and intelligence communities now reeling over the operations leak. questioning who outed the secret agent's cover. here is senator dianne feinstein on that. >> i think it's a deterrent. yes. i don't think those leaks should have happened. was an operation in progress and the leak is regarded as very serious. megyn: fbi director robert mueller testified about the busted al qaeda plot meant to

mark one year since the death of usama bin laden. mueller grilled on why the obama administration said there were no known terror threats when we now know there were. >> reporter: the chairman of the house intelligence committee telling fox he believes the leak about the underwear bombing was disrupted and the ramifications are serious. >> it didn't allow the operation to go to its full conclusion, to its best opportunity. >> reporter: the ied described as an improvement over the 2009 underwear bomb is being analyzed at the fbi lab in quantico, virginia. congressional sources say the non-metallic device could have been caught by a patdown or full body scan. but the invase youive screening techniques are not common in the middle east or europe where the bomb would have originated.

there are improvements to the detenator. this is the underwear bomb from '09. it was later used in the printer bombs that were narrowly intercepted. we are also learning more about the mole. the mole was a low-level al qaeda operative in saudi custody who volunteered to carry out the mission. he had existing relationships with al qaeda in yemen. he met withal -- with al-quoso. u.s. officials when we contacted them earlier today would not comment on the mole or any aspects of the operation. as for the bomb's target this

issue what is raids on capitol hill. >> on the anniversary of the killing of usama bin laden was there a specific or credible threat of terrorism on the united states of america. >> we did not believe so. you are referring no doubt to the fact -- the ied -- i think it's fair to say that plot had been thwarted at the time. >> reporter: so what's interesting is in response'question about the anniversary, the fbi director specifically cites this bomb that was intercepted which really suggests they felt it may have been meant for the anniversary and that's something that has been an important issue that has been denied by members of the administration. megyn: catherine, thank you so much. we did digging and found since september 11 at least 50 terror plots have been foiled. of those 50, 42 could be considered home grown. three of the plots were busted

by luck or public tips. 47 stopped by intelligence and law enforcement. for all the latest you can head to our web site, foxnews.com. from the campaign trail a top democrat sound the alarm on this election. wake the blank up. james carville warning democrats that nothing is in the bag here and that there is a realistic chance democrats will not only lose the white house but also the senate come november. his even here. >> a lot of people have too much of an incumbent mentality with this attitude we are going to win no matter what. they point to the electoral map looks good for us or ohio looks good and that's not how elections are won. they are won by going out there and getting on the offensive and staying there. the combination of that and plus the sense that romney is a weak

bad opponent is causing -- i think unwarranted optimism among democrats. megyn: does he have a point? joining us now former democratic senator evan bayh of indiana. welcome back to the program. carville went on and on. this is based on an opinion piece he wrote where he said basically wake up, democrats. romney is a mess, we are going to win the white house, not to worry, and donors not forking over the big dough. he suggests are going to cost the democrats this election. >> he could be right. all indications are this will be a close election. hard fought. people aren't happy about the direction of the economy. they know the deficit is a problem. you look at europe and the way governments are being turned out. the average has the president ahead by .3%. i think the house probably will

remain in republican hands but it could be close. the senate could be 50-50. it could go either way. i think carville is right to sound warning. megyn: he said you can shoot five bin ladens and sweep the most sweeping legislation in modern american history. if people don't think you are connected to their lives and fighting for your interests they will vote your tush out of office in a nanosecond. do you think barack obama is having trouble connecting to people as carville puts it? >> i'm not sure that's the president's greatest weakness. when you look at the polls, people like him personally. when you ask who shares my values, he tends to do better. but when you ask about mitt romney people tend to agree with his conservative ideology and they know the biggest issue is jobs, the economy and growth.

they don't like the way things have happened the last three years. you net that to it and it's a very, very close race. if the president can make this a choice between two people, and succeed in criticizing mitt romney enough to make him not an acceptable alternative the president wins. if it's just a referendum on do you like the way things are going the country today. the president is in trouble on that. megyn: are you having the same experience carville is having, assuming it's in the bag for president obama the second time around? >> there seems to be an echo chamber. you get the same people talking to one another and they can't understand how the rest of the country doesn't believe what they do. that was compounded in the republican primary where the most conservative elements got highlighted and it got nasty and messy. a lot of democrats said they are destroying each other, this is in a bag. we are a very closely divided

country and this election will be close. that's what will make it so fascinating to follow the next six months. this will come down to a handful of states, three or four states that could go either way. the way the campaigns are run. the recent problems in europe, that hurts the president because it may slow down the economy and oil prices are trending down. prices at the pump comes down. that helps the president some. following things like that, it will be very close. megyn: interesting. he also talks in his piece about incumbents getting ousted all over europe. as we saw in 2010. senator evan bayh, thank you, sir. see you soon. tough questions for the irs today. who leaked confidential tax documents in some are saying was an effort to embarrass governor mitt romney and what's being done about it. we'll have a fair and balanced look at that just ahead. a jury reached a decision in the case of a parking space punch

that left a woman brain damaged. backlash. to comments from vice president biden that america is to blame -- he says we are to blame for the progress iran has made in its nuclear program, in particular talking about president bush. general jack keane has been guiding the pentagon for years. he joins us live on that right after this break. >> the international pressure on iran was snuck neutral. as a matter of fact iran's influence in the previous six years was growing in the region. not diminishing, growing in the region. [ donovan ] i hit a wall.

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megyn: a bill honoring a murdered border agent is on its way to president president obamk for signature. brian terry's murder became a flashpoints into the investigation of the government's botched gun running sting known as "operation fast &

furious" in which guns were allowed to walk into the hands of very bad mexican gun cartels. two of those guns were found at the crime scene where brian terry was killed. new fallout over comments made by vice president joe biden over iran. he told a group of rabbis that the bush administration badly bungled foreign policy when it came to the rogue regime. >> when we took offers there was virtually no international pressure on iran. we were the problem. we were diplomatically isolated in the world, in the region, in europe. america's leadership was in doubt. we were neither fully respected by our friend nor fear bid our opponents. today it is starkly different. megyn: joining me now for per spec i have, general jack keane. he guide the pentagon for years

when it came to that issue of iran. and mark thiessen. dose have his stats right? we were the problem under president obama bush. >> as usual joe biden has it completely wrong. we were not isolated during the bush administration. it was during the bush administration in 2008 that the u.n. security council passed its third round of sanctions on iran. the european union froze the assets of the central bank. it many not like they came in and started this international coalition where we had been in neutral as joe biden says. but let's look at what has happened under the obama-biden administration. iran has made more progress toward getting a nuclear weapon under obama-bind than they have

before. when obama and biden took offers. iran had enough enriched uranium to produce one bomb, now they can produce four. they had zero stockpiles of higher enriched uranium. today they have 73 kilograms and it only takes 85 to produce a bomb. when obama-biden took office it would have taken months for the iranian regime to go nuclear. now that window has slowed to weeks. under obama-biden the iranians have produced a nuclear weapons brakeout capability and they have done nothing to stop it. megyn: general keen, you have a good perspective on where we stand with respect to running and whether they are more emboldened now or during the

bush years. what is your take? >> the facts of the matter is the iranians declared in 1980 after they took over the regime from the shaw. their strategic objective was to export the islamic reactions to in the region. the unstated policy was to develop a nuclear weapon. then they began systematically killing us. they killed 500 of us in lebanon using the hezbollah proxy and we left. they did same thing in saudi arake yeah. they seized hostages and we wound up trading them for weapons and poorly conceived and executed operation during a republican administration.

then we liberated iraq in 2003 and they began systematically killing us. their scientists providing rockets and mortars. they shook the militia and trained them. we wanted to take those base out because in my estimation they had billed 1,000 americans. the senior commander in iraq believed it was close to 2,000 and we did something about that. megyn: why? >> they have been in the too hard box for multiple administrations. there they budge an operation to come to the united states to kill a saudi ambassador. i was asked why would they do that in a congressional hearing. i said they do it because they believe he can do it and they will get away with it because the evidence demonstrates that they will. megyn: we see a lot of the tough

talk when it comes to the issue of iran. we heard of crippling sanctions. this president unlike other presidents has built an international coalition on those sanctions. is that fair? >> i don't think it's fair. part of the problem is they are about to have negotiations in two weeks. the reason they are at the table is not because of international pressure the obama administration has built on them with supposedly crippling sanctions. the reason they are at the table is they understand that at least in the short term they have the exact same somebodyive as the obama administration. the obama administration's immediate objective is to stop israel from attacking the iranian nuke josh program. that's the same objective that the vaughnans have. so what they are going to do is in order to help give them cover, they will come to the table and create an impression there is progress being made which allows obama to prevent such an attack before the november election. but in the long run the iranians

have a goal of building a nuclear weapon and we don't have a strategy or the will to keep them from doing it. megyn: if obama came to you and said what is my next move what would you say? >> communicate to the iranians we are dead serious about a military option. i don't believe they believe we are. then make up your minds also that you don't want to do that. if you don't want to do that, that means you will want to do an awful lot short of that. cia, mossad, cripple economic sanctions. whether we get support from other countries. we start to hurt the iranians. if that still doesn't stop them, then we execute the military operation using our capability assisted about it israelis, not the reverse. megyn: thank you, gentlemen.

see you guys. we are hearing new demands for answers after what looks like official i.r.s. documents may have been leaked that are potentially embarrassing to mitt romney. our panel has a fair and balanced look at that five minutes away. you may have seen this you earlr today. up next the closer look at at resume of a convicted felon who came close to catching president obama in the west virginia democratic primary last night. [ music plays, record skips ] hi, i'm new ensure clear. clear, huh? my nutritional standards are high. i'm not juice or fancy water, i'm different. i've got nine grams of protein. twist my lid. that's three times more than me! twenty-one vitamins and minerals and zero fat! hmmm. you'll bring a lot to the party. [ all ] yay! [ female announcer ] new ensure clear. nine grams protein. zero fat. twenty-one vitamins and minerals. in blueberry/pomegranate and peach.

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megyn: we are getting a wild story from an airport in rhode island involving stuffed animals filled with gun parts and ammunition. screeners firing the frame of a

.40 caliber handgun and magazine inside a stuffed bear, rabbit and mickey mouse. this after a bag carrying them was put in an x-ray machine. >> getting toothpaste through is difficult enough. but to have pieces of a gun in somebody's checked luggage and in a stuffed animal, that unnerving. megyn: the carry on-bag belonged to a 4-year-old boy and his father. after confiscating the gun parts they were allowed to travel to detroit. they stress it never posed the a security threat. a big political shocker out of the west virginia democratic primary last night. this man here, keith judd, managed to get 40% of the

democratic vote against president obama last night. but mr. judd is also known as inmate 11953-051. who is keith and why is he so popular? >> reporter: it begins with mr. obama's standing in west virginia it is embarrassingly low. so much so that a criminal serving a 210-month sentence for many people is preferable to a second term for the president. keith judd is cooling his heels inside a texas prison convicted of extortion pore making threats at the university of new mexico. he pays a filing fee in west virginia to get a place on the ballot. he apparently filed on all 50 states. he files quarterly reports which are rants against obama-care. he lists himself as a christian

and founder of world peace through musical communication skills. president obama launched his campaign in virginia, but west virginia has never been a fan. judd carried 10 counties and is entitled to one delegate. it's not so much that judd is popular, it's that mr. obama is unpopular in a state where the president's policies have seriously hurt the coal industry. it was a tough night for the president. not only did he get beat by a convict in a bunch of counties. but in north carolina. 27 voted no preference instead of voting for the president. that's his own party expressing serious unhappiness. megyn: my only regret is mr. judd didn't get into this race earlier so bret and i could

have questioned him at some of these presidential debates. maybe sl there could have been a run at the democratic side. we could have gotten to the bottom of this rastafari an quest for peace. when asked who is your favorite actor, he said gene hackman. >> reporter: nixon is his favorite president. megyn: i hear he's a fan of chee -- of chee-tos. a top gop senator demanding answers about what may be official i.r.s. document that turned up on a web site with personal information about mitt romney. "kelly's court" goes back to the case of the parking spot fight in new york city that left a woman in a coma.

the jury in the case weighed in but did they reach the right decision. coming up on the docket. >> just like we know --

megyn: serious questions as to who if anyone, inside the

internal revenue service may have illegally leaked confidential donor information on mitt romney. a highly sensitive document showed mitt romney donated to a conservative pro family group in 2008. a story that was made public that same year. orrin hatch sending a letter to the i.r.s. saying this is a matter i take with the utmost seriousness. i expect you will treat this inquiry with the attention it deserves. chris plante of the chris plante show, and christopher hahn. it's a confusion story. but what happened is mitt romney through one of his campaign offices back in '08 made a $10,000 donation to a pro traditional marriage group.

that became public later that year. but now this go-round, this pro gay rights group has posted more about it. has posted more about the donation and they appear to have posted an actual i.r.s. document, according to this group raising the complaints, that pro marriage group. they say they posted an actual i.r.s. document. somebody at the i.r.s. they believe leaked this which would take this to another level. that's not okay to do. chris plante, what do you think is going on here? >> it's not okay to do it. it may be a felony. we are talking about someone presume imli from inside the i.r.s. presumably someone interested in president obama's reelection efforts handing confidential documents over to the president of the human rights campaign, a gay group. megyn: gay rights. >> and he happens to be the co-chair of president obama's reelection campaign.

so we have got a very interesting sort of chain here of custody that document from the i.r.s. to the human rights campaign where the person who is the president of the human rights campaign is on president obama's reelection campaign. this is information that's already out there. fit is a felony it's a waste of energy. megyn: chris hahn. there is a claim this is an actual document it's a pdf document that the human rights campaign allegedly posted on their web site and they say the would have had this line that reads this is a copy of a live return, official use only. only the i.r.s. would have had that. and that has to be the entity from which they got it. >> i ran a large non-prove it for many years. there are many people who handle

your 990s before they are distribute. most of the 990 is a public document with the exception of the list of who these donors are. megyn: that's at issue here. >> but there are lots of people who handle it. it's not just the i.r.s. there are auditors who audit 990s. organizations you go before to submit your 990s so they can rate your agency. megyn: non-federal employees. >> many non-federal employees. you don't know who had scene axe to grind for mitt romney. this is good for him because it confirms his conservative bona fides. megyn: an improper disclosure was made to hurt someone politically. we need to protect people on both sides of the aisle. you both agree with this in

terms of what their confidentiality rights. we don't want tax information that's not suppose to be made public. >> this is not tax information. this is about a donation to a 501c4 which some people call a spooky pac that's being used for political purposes. this kind of money should be disclosed anyway. megyn: but until it's required can we have federal employees or other employees connected disclosing it on their own? >> no, and that's the point here. that's why senator hatch is interested in getting to the bottom of this to find out who inside the i.r.s. chris, with all due respect. you are talking about the document without the names of the donors on there. what we are talking about is the document with the name of the donors attached which is what makes it illegal. let's be clear as to what we are talking about. we are not talking about a benign document available on the

internet. this is confidential information lang handled over by a friend of the obama reelection campaign to one of the co-chairs who posted it online for political gain as part of -- and also you said he's an anti-marriage equality. by the wait' the same position that president obama maintains at least as of now. but that may change this afternoon. megyn: i'll let you respond, chris hahn. we are told the clips are coming from abc news any moment now. >> it's time for the president to get in the game on that issue, chris. he needs to come out and be where he was in 2008 and that is pro marriage equality, equal rights for all. but that said. while we are in the investigating mood, let's look at some of these 501c4s. it's a convenient way for billionaires to participate in the political process. megyn: that is off point.

we are trying -- i think people want to believe that the information they give the i.r.s. is private. and will remain private. this type of information, right? and won't be used against them by political opponents who may be working for the federal government. we all agree on that. >> this donation was made from his pac which had to disclose its donation anyway to another organization that would have had to disclose it to the i.r.s. but not to the public. we don't know this was not just put in a pdf for theatrical purposes. i'm sure we'll get to the bottom of this in a day or two and it will be silly. politics can become a blood sport. everyone is looking for a scalp all the time. we all knew about this donation, so having it disclosed is nothing new, so there is no crime. megyn: is it no harm, no foul. where is the harm? >> it's not really a matter of

where is the heart, it's a matter of where is the law? we have this effort where they have actors inside the i.r.s. who are interning to inflict political damage on barack obama's political enemies. the president evolving on the other issue. is the president a bigot but won't be a bigot by 6:30 tonight? i'm just curious. >> i don't think he's a bigot. i think the job of the president -- the job of the president is to bring the country with him. the country is at a place where they will accept marriage equality and the president needs to get onboard. i have been critical of the president on this. i think look we have equal rights for all in this country. if there is one person being discriminated against in this country i hope president obama comes to his senses tonight and supports marriage see quality like all good americans should.

>> marriage equality and rights are a moving tarring net democratic america. there is no right laying this out in the constitution. nowhere in the law is this a right. equality is equality. but that doesn't mean you can just -- megyn: the president said he was evolving and said favored traditional marriage. he said he never favored same-sex marriage though there is a question about it seemed like he did in 1996. he said he believed it was between a man and woman marriage was because of his faith. >> i consider chris a libertarian. i think the state has no place in love. the state needs to get out of it. megyn: it's beautiful way you put that. >> the state has no place in love, i agree with that. megyn: sorry for that phone connection. at least we got him on. we have the ruling in the case of a fight over a parking spot here in new york city that involves a man accused of

throwing a punch that put a woman in a coma leaving her brain damaged. "kelly's court" weighs in on the jury's shocking verdict next. >> i told the family i'm very, very sorry with the situation she is going through right now and hoping for a speedy recovery.

megyn: on the docket today. a decision in the case of a punch over a parking spot that put a woman in a coma, leaving her brain damaged. the man who threw that brutal punch is facing one year in jail. he was fully cleared of all felony charges. he was convicted of a misdemeanor assault. 25-year-old woman was standing in a new york city park spot trying to save the for her boyfriend trying to park. mr. fuller wanted to park there. he and lana got into a fight.

it escalated and fuller hit lana. the blow knocked her down and she slammed her head into the ground. fuller claimed he didn't see that coming. he was only defending himself against her. >> she hit first, and just like we know, there are cameras everywhere inside new york city. megyn: joining me to discuss it lis weihl and customers say dees colwin. cleared of all fell any charges. they say the woman is in a coma and he commit nod more than a misdemeanor. >> they are saying we can't do intent. i think that he punched her so hard. this 4'11" woman, punched her so hard she went screeching to the pavement and winds up with brain

injury. the jury got this one wrong. >> what they focused on is whether there was intend to cause serious injury. if it's physical injury you are right, lis, it's square on. but serious physical injury meaning there is a risk of death and protracted injury? there is no way one punch would have said i knew i was going to have this catastrophic injury on this poor woman. megyn: what they seem to be concluding -- the jury was deadlocked in the first trial. this is a retrial. they seem to be concluding it was instinctual. he claims she hit him first. that was admitted. she hit him first. he hit her back. >> if you buy that self-defense argument. that's what they argued. she swung at him. this is a 4'11" woman.

if they were to buy that self-defense he would have been acquitted with everything. but that's not what happened. the jury found he did intend to hurt her. one punch in a woman of not a big stature that sent her to the pavement and brain trauma, that shows intent. megyn: she was 100 pounds, he was 150 pounds. does that matter? when you look at a case like this? the male-female thing? if this had been a guy instead of a woman who punched him first and he punched back, would we even have had a criminal trial? >> that's a great point. i think part of it is the self-defense argument. that's why the jury didn't buy the self-defense. i think gender came into it. you were afraid of this 4'11"

woman? they did not feel he had any idea he could have caused serious injury. megyn: he claimed not only did this woman throw a punch at him, but that her boyfriend who now, you know, gets out of the car he had been having her save the spot for. he's crossing the street towards the defendant and oscar is in the situation where he has a woman throwing punched at him and the boyfriend is about to throw punches at him. he says he threw the punch at the woman so could high-tail it out and get in his car and leave. >> maybe she is trying to punch. she doesn't get him obviously. she is not very big. stand your ground law aside that's what not what applies. get back in your car. leave the scene. by the way, by the way, he should have been charged with leaving the scene of a crime.

megyn: i do believe she did hit him. she got him. it was a connection. but the interesting point lis raises about leaving the scene of the crime. my point is why didn't he leave the scene of the crime even earlier. why didn't he not punch her. >> you have got a new york city jury who understands how frustrating it is to park in this city. that's one of the reasons. not not going to leave because where is your car, why if i'm in my car why are you snangtd middle of the street saving a parking spot? >> what you are saying is if we get angry it's okay to hit? i don't think so. megyn: use your words like we tell our children, use your words. although -- listen -- my kids are still babies, but i plan on telling them use your words, unless someone is kicking your

butt, in which case kick theirs back. there is proportionality. happy mother's day. we'll be right back. are you receiving a payout from a legal settlement or annuity over 10 or even 20 years? call imperial structured settlements. the experts at imperial can convert your long-term payout into a lump sum of cash today. the calcium they take because they don't take it with food. switch to citracal maximum plus d. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption.

megyn: there are some stories we love bringing to you like soldiers' emotional homecomings, uniting with their family and this contains a major league surprise for the returning hero's two young children. >> reporter: what do you think about being down here on the field? >> i think it's going to be cool. >> reporter: 6-year-old jackson and his 5-year-old sister getting ready to throw out the first pitch of the game. >> it many really cool. i have actually never done this, not even with my dad.

>> reporter: meanwhile their dad is waiting nearby. about to pull off a special surprise. >> i was waiting for the ahh moment. knowing my kids they might do something opposite. >> first he plays a message on the jumbotron. then they take turns. no idea the man behind home plate is their dad. then the big moment. the mask comes off. walking off the field, more hugs and kisses after the surprise of a lifetime. >> when i first saw them out there i thought, i can't let it go like this.

>> reporter: what did you think? were you surprised? >> i was. >> reporter: what did you think when he took off his mask? >> i don't know, you are here? megyn: it's so easy to forget about the sacrifices they are making. away from their families. think about the risk to life and limb. but, you know, they are separated from their little kids. seeing moments like that bring it all home. good for them as we thank our good men and women serving our country right now. ♪ how are things on the west coast? ♪

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a little bird told me about a band... ♪ an old man shared some fish stories... ♪ oooh, my turn. ♪ she was in paris, but we talked for hours... everyone else buzzed about the band. there's a wireless mind inside all of us. so, where to next? ♪ >>megyn: we have been taking your verdicts on kelly's court, follow me on bitter and we take court suggestions and some viewers are spooned in to the legal news. we appreciate your thoughts for the better part of two hours we have been telling you president obama was going to